MEMORANDUM OF UNDERSTANDING COUNTY OF … of understanding 2001 - 2004 county of orange and the orange county employees association for the sheriffs special officer and ... 20 section

MEMORANDUM OF UNDERSTANDING

2001 - 2004

COUNTY OF ORANGE

AND

THE ORANGE COUNTY EMPLOYEES ASSOCIATION

FOR THE

SHERIFFS SPECIAL OFFICER

AND

DEPUTY CORONER UNIT

This Memorandum of Understanding sets forth the terms ofagreement reached between the County of Orange and theOrange County Employees Association as the ExclusivelyRecognized Employee Organization for the Sheriffs SpecialOfficer and Deputy Coroner Unit for the period beginningJune 29, 2001 through June 24, 2004. Unless otherwiseindicated herein, all provisions shall become effective June29, 2001.

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TABLE OF CONTENTS

PageDEFINITIONS..............................................1

ARTICLE I WORKWEEK, OVERTIME AND PREMIUM PAY.....4

Section 1. Workweek...............................4Section 2. Overtime...............................6

A. Notification of Employees..........6B. Distribution of Overtime...........6C. Payment for Overtime...............6

Section 3. Rest Periods and Cleanup Time..........7Section 4. Premium Pay............................7

A. Night Shift Differential...........7B. On-Call Pay........................8C. Call-Back Pay..................... 8D. Bilingual Pay..................... 9E. Peace Officer Standards and

Training (P.O.S.T.) Pay.........10F. Training Officer Assignment Pay...10G. Emergency Communications Training

and Certification Pay...........10

ARTICLE II PAY PRACTICES.........................11

Section 1. Compensation for Employees............11Section 2. Pay for New Employees.................11Section 3. Merit Increase Within Range...........12Section 4. Salary on Promotion...................14Section 5. Salary on Reassignment................15Section 6. Salary on Reduction...................16Section 7. Salary on Reclassification............17Section 8. Salary on Reemployment................18Section 9. Changes in Salary Allocation..........18Section 10. Additional Compensation...............18Section 11. Pay Check Deposit.....................19

ARTICLE III GENERAL PERSONNEL PROVISIONS..........20

Section 1. Probation.............................20A. New Probation.....................20B. Promotional Probation.............20C. Failure of Probation..............21D. General Provisions................22E. Extension of Probation Periods....22

Section 2. Performance Evaluation................23Section 3. Contents of Personnel File............24Section 4. Status of Limited-Term Employees......24Section 5. Temporary Promotion...................25Section 6. Reemployment of Employees on

Disability Retirement...............26Section 7. Reemployment of Regular Employee......26Section 8. Time Off for Selection Procedures.....26Section 9. Transfer Policy for OCEA Officers and

Grievance Representatives...........27Section 10. Training..............................27

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ARTICLE IV LEAVE PROVISIONS......................28

Section 1. Sick Leave............................28A. Accumulation of Sick Leave........28B. Permitted Uses of Sick Leave......28C. Prohibited Uses of Sick Leave.....29D. General Provisions................29

Section 2. Bereavement Leave.....................31Section 3. Authorized Leave Without Pay..........31

A. Departmental Leave................31B. Official Leave....................31C. General Provisions................33

Section 4. Official Leave for NonoccupationalDisability..........................33

Section 5. Absences Caused by Illness, Injury orPregnancy...........................34

Section 6. Jury Duty Leave.......................34Section 7. Witness Leave.........................34Section 8. Leave for OCEA Business...............34Section 9. Absence Without Authorization.........35Section 10. Parenthood Leave......................36Section 11. Workers' Compensation Leave...........37Section 12. OCEA Presidential Leave...............37Section 13. Catastrophic Leave....................39Section 14. Family Leave..........................39

A. General Provisions................39B. Notification Requirements.........40C. Verification......................40

ARTICLE V VACATION..............................41

Section 1. Accumulation of Vacation..............41Section 2. General Provisions....................42

ARTICLE VI HOLIDAYS..............................44

Section 1. Holidays Observed.....................44Section 2. Eligibility for Holiday Pay...........45Section 3. Holiday Pay...........................46

ARTICLE VII REIMBURSEMENT PROGRAMS................48

Section 1. Mileage Reimbursement.................48Section 2. Personal Property Reimbursement.......48

ARTICLE VIII DISCIPLINARY ACTION...................50

Section 1. Reprimand and Substandard PerformanceEvaluation..........................50

Section 2. Emergency Suspensions of Five Days orLess................................50

Section 3. Pre-Disciplinary Hearing forSuspension, Reduction or Discharge..50

Section 4. Suspension............................52Section 5. Reduction.............................52Section 6. Discharge and Right of Appeal.........52

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Section 7. Polygraph Examination.................52Section 8. Investigatory Meetings................53

ARTICLE IX GRIEVANCE PROCEDURE AND DISCIPLINARYAPPEALS...............................54

Section 1. Scope of Grievances...................54Section 2. Basic Rules...........................54Section 3. Submission of Grievances..............55Section 4. Employee Representation...............55Section 5. Time Off for Processing Grievances/

Appeals.............................56Section 6. Informal Discussion...................57Section 7. Grievance/Appeal Steps................57Section 8. Referrals to Arbitration..............58

A. Grievances........................58B. Disciplinary Appeals..............59C. Probationary Releases Alleging

Discrimination..................60D. General Provisions................61

ARTICLE X LAYOFF PROCEDURE......................64

Section 1. General Provisions....................64Section 2. Order of Layoff.......................64Section 3. Computation of Layoff Points..........65Section 4. Notification of Employees.............66Section 5. Voluntary Reduction in Lieu of Layoff.66Section 6. Voluntary Reduction from Classes

Designated as Vulnerable to Layoff....67Section 7. Reemployment Lists....................67Section 8. Status on Reemployment................69

ARTICLE XI ON-THE-JOB INJURY, WORKERS'COMPENSATION SUPPLEMENT PAY...........71

Section 1. Treatment of Industrial Injuries......71Section 2. Exhaustion of 4850 Benefits...........71Section 3. Workers' Compensation Supplement Pay..71Section 4. Exposure to Contagious Diseases.......72Section 5. Injury to Paid Call Firefighter or

Deputy Sheriff - Emergency Service..72

ARTICLE XII SAFETY................................73

Section 1. General Provisions....................73Section 2. Safety Inspection.....................73Section 3. Abatement of Violations...............74Section 4. Safety Representatives................74Section 5. Resolution of Safety or Health

Complaints..........................75

ARTICLE XIII UNIFORMS AND SPECIAL EQUIPMENT........76

Section 1. Uniforms..............................76Section 2. Special Equipment.....................76

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ARTICLE XIV OCEA AND EMPLOYEE RIGHTS..............77

Section 1. Employee Rights.......................77Section 2. Payroll Deduction.....................77Section 3. Employee Information Listing..........77Section 4. Use of Bulletin Boards................77Section 5. Use of County Facilities..............77

ARTICLE XV AGENCY SHOP...........................78

Section 1. Dues/Service Fee......................78Section 2. Management Responsibilities...........79

A. Payroll Deductions................79B. Notification of Change of Status..79

Section 3. OCEA Responsibilities.................79A. Financial Transcripts.............79B. Challenge Procedure...............79C. Indemnification...................80

ARTICLE XVI MANAGEMENT RIGHTS.....................81

ARTICLE XVII NONDISCRIMINATION.....................82

ARTICLE XVIII POSITION CLASSIFICATION...............83

Section 1. The Establishment of New Classes......83Section 2. Reclassification of a Position........83Section 3. Procedure for Requesting

Reclassification of a Position......83Section 4. Limitations on Concurrent Studies.....84Section 5. Review of Disputed Position

Classification Decisions............85

ARTICLE XIX INSURANCE.............................86

Section 1. Health Plan Premium...................86Section 2. Health Plan Enrollment................86Section 3. Other Insurance Coverage..............86Section 4. Premium Only Plan.....................87Section 5. Retiree Medical Benefit...............87

A. Retiree Medical Insurance Grant...87B. Eligibility Requirements for Retiree

Medical Insurance Grant...........88C. Employee Contribution.............90D. Cash Benefit......................90E. Survivor Benefits.................90

Section 6. Accidental Death and DismembermentInsurance...........................91

ARTICLE XX DEFERRED COMPENSATION.................92

ARTICLE XXI RETIREMENT............................93

Section 1. Contribution Rates and Benefit Levels.93Section 2. Tax-Deferred Retirement Plan..........94

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ARTICLE XXII SEPARABILITY..........................95

ARTICLE XXIII RECOGNITION...........................96

ARTICLE XXIV DEPENDENT CARE ASSISTANCE PROGRAM.....97

ARTICLE XXV PERFORMANCE INCENTIVE PROGRAM.........98

Section 1. Scope.................................98Section 2. Compensation..........................98

ARTICLE XXVI LABOR MANAGEMENT COMMITTEES...........99

Section 1. Introduction..........................99Section 2. Structure............................100Section 3. Time Off for LMC Activities..........100Section 4. Process..............................100

ARTICLE XXVII REOPENER.............................102

ARTICLE XXVIII SALARIES.............................103

Section 1. Salary Adjustments...................103

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DEFINITIONS

The following terms as used in this Memorandum ofUnderstanding shall, unless the context clearly indicatesotherwise, have the respective meanings herein set forth:

BOARD shall mean Board of Supervisors of the County ofOrange.

CONTINUOUS SERVICE shall mean employment in a regularposition which has not been interrupted by resignation,discharge or retirement. Official Leaves of Absence shallnot be credited toward continuous service.

COUNTY shall mean the County of Orange and special districtsgoverned by the Board of Supervisors.

EMERGENCY means an unforeseen circumstance requiringimmediate action, a sudden unexpected happening, anunforeseen occurrence or condition, a pressing necessity.

EMPLOYEE shall mean a person employed by the County andcovered by terms of this Memorandum of Understanding, exceptwhere the natural construction of this Memorandum ofUnderstanding indicates otherwise.

EXTRA HELP EMPLOYEE shall mean an employee employed in anextra help position. An extra help employee serves at thepleasure of the County in an extra help position.

EXTRA HELP POSITION shall mean a position which is intendedto be occupied on less than a year-round basis including,but not limited to, the following: to cover seasonal peakworkloads; emergency extra workloads of limited duration;necessary vacation relief, paid sick leave and othersituations involving a fluctuating staff. Ordinarily, afull-time extra help position will not be authorized for aperiod exceeding six (6) months. In unusual circumstances,and at the discretion of the Chief Executive Officer and thePersonnel Director, a full-time extra help position may beauthorized for a period longer than six (6) months, providedsuch period shall not exceed one (1) year.

FULL-TIME EMPLOYEE shall mean an employee employed in one(1) or more regular or limited-term positions whose normallyassigned work hours equal those of a full workweek or workperiod as described hereinafter.

LIMITED-TERM EMPLOYEE shall mean an employee employed in alimited-term position except where a regular position isconverted to a limited-term position, the incumbent shallretain his or her former status. As an exception to thisdefinition, a limited-term employee may also be used to filla regular position when the incumbent employee is onOfficial Leave of Absence.

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LIMITED-TERM POSITION shall mean a position which the Countyhas determined has no anticipated long-range funding or hasuncertain future funding.

PART-TIME EMPLOYEE shall mean an employee employed in one(1) or more regular or limited-term positions whose normallyassigned work hours do not equal those required of a full-time employee.

PERSONAL EMERGENCY shall mean an event or circumstance of aserious nature which is beyond an employee's control andwhich necessitates the employee's absence from County duty,including, but not limited to, those events andcircumstances which require the employee's prompt attentionto avoid possible financial loss to, or damage to the healthof, either the employee or a member of his or her household.

PERSONNEL DIRECTOR shall mean the Assistant CEO/HumanResources or his or her designee.

PRACTICABLE means feasible; reasonably able to accomplish.

PROBATIONARY EMPLOYEE shall mean an employee who is servinga probation period and is employed in a regular or limited-term position.

PROMOTION shall mean the movement of a regular, limited-termor probationary employee from one (1) class to another classwhere the maximum step on the new salary range is at leastone (1) full step higher than the maximum step of the oldsalary range.

REASSIGNMENT shall mean the movement of a regular, limited-term or probationary employee from one (1) class to anotherclass on the same salary range or to a class where themaximum step on the new salary range is less than one (1)full step higher or lower than the maximum step of the oldsalary range.

RECRUITING STEP shall be the first step of the salary rangeallocated to a class unless otherwise authorized by theBoard or the Personnel Director.

REDUCTION shall mean the movement of a regular, limited-termor probationary employee from one (1) class to another classwhere the maximum step of the new salary range is at leastone (1) full step lower than the maximum step of the oldsalary range.

REGULAR EMPLOYEE shall mean an employee who is not onprobation and is employed in a regular or limited-termposition.

REGULAR POSITION shall mean a position established on apermanent year-round basis requiring work on a regularschedule unless otherwise authorized by minute order of theBoard.

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SENIORITY shall mean total continuous full-time equivalentservice as a regular employee.

Y-RATE shall mean a pay rate outside of the assigned salaryrange of a class.

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ARTICLE I

WORKWEEK, OVERTIME AND PREMIUM PAY

Section 1. Workweek

A. The official workweek or work period for Countyemployees shall be as follows:

1. Except as otherwise provided below, the officialworkweek for full-time employees shall be forty(40) hours and shall begin on each Friday and endwith the following Thursday. Work ordered andperformed in excess of forty (40) hours of paidtime in a workweek shall be overtime.

2. The work period for employees in specifiedagencies, departments or divisions may beestablished on a pay period basis, starting on aFriday and ending on the second Thursdaythereafter. Such employees who occupy full-timepositions shall be scheduled to work eighty (80)hours in each work period. Such work shall not beregularly scheduled on more than ten (10) calendardays during any work period and scheduled days offshall fall on at least two (2) consecutive calendardays. Work ordered and performed in excess ofeighty (80) hours of paid time in a work periodshall be overtime. Such work periods shall not beimplemented without the County and OCEA firstnegotiating and attempting to reach agreement onsuch hours of work for each division or work unitin each agency or department proposingimplementation of such work periods.

3. An employee in this unit may request to trade hisor her days of work for another employee's days ofwork provided both employees work in the samedivision, have the same classification and the daystraded are within the same pay period. Should, asa direct result of such trades, either employeework more than forty (40) hours in a workweek, thehours in excess of forty (40) hours shall not beconsidered overtime. Except, all overtime workordered and performed which would have beenperformed regardless of such trade shall be treatedin accordance with Section 1.A.1., above.

Trades under this provision shall require thewritten approval of the Department.

4. An employee may request to trade his or herbiannual, quarterly or monthly shift for anotheremployee's biannual, quarterly or monthly shiftprovided both employees have the same workassignment and the request is made within two (2)weeks of posting of scheduled shift rotation.

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Trades under this provision shall require thewritten approval of the department.

B. The County agrees to give employees a fourteen (14)calendar day advance notice of a shift change wheneverpracticable.

C. No employee shall be permitted to work more thansixteen (16) consecutive hours except in an emergencysituation.

D. The County shall discuss with OCEA any proposed changesin existing scheduled hours of work before such changesare put into effect. Whenever practicable, the Countyshall provide written notification of such proposedchanges to OCEA at least fourteen (14) calendar daysbefore such changes are put into effect.

E. Except as otherwise provided, no employee may beemployed in one (1) or more positions, full or part-time, more than the total number of hours for theemployee's work period as defined in A., above, excepton authorized overtime.

F. This Section shall not prevent an employee or group ofemployees from requesting a modified work schedule.Such requests may be implemented by the Department.

1. Upon written request by OCEA, the County agrees tostudy the feasibility of establishing workschedules consisting of either:

a four (4) ten (10) hour workdays per week;

b. four (4) nine (9) hour workdays each week withan additional eight (8) hour workday onalternate weeks; or

c. flex time.

2. The County shall initiate such studies withinthirty (30) days and provide a written responsewithin ninety (90) days.

3. OCEA agrees not to request more than three (3) suchstudies concurrently for the Department.

4. The County agrees to discuss with OCEA any findingsand recommendations prior to reaching a finaldecision and implementation.

G. In addition to any other position or positions that areheld, an employee may also voluntarily work in acapacity authorized for the Registrar of Voters in thecourse of an election provided that such election workdoes not unduly interfere with the employee's regular

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assignment. Election work shall be compensated at therate authorized for such work.

Section 2. Overtime

A. Notification of Employees

If in the judgment of the Department, work beyond thenormal workday, workweek or work period is required,the agency/department will notify any employee who maybe asked to perform such overtime of the apparent needfor such overtime as soon as practicable prior to whenthe overtime is expected to begin.

B. Distribution of Overtime

1. The County shall make a reasonable effort to makeovertime opportunities available on an equal basisto employees capable of performing the work.

2. If the responsible supervisor determines thatovertime is necessary on work that started on anassigned shift, the assigned employee(s) maycontinue with that work as an extension of theassigned shift.

3. If the responsible supervisor determines thatovertime is necessary on a situation alreadyassigned to a particular employee, any suchovertime may be assigned exclusively to thatemployee.

4. The County and OCEA may meet and confer and, in sodoing, shall attempt to reach agreement regardingspecific provisions for the distribution ofovertime among employees of various individual workunits. Such provisions shall be consistent withSections 2.B.2. and 3., above.

C. Payment for Overtime

1. Except as provided in 2.C.3., below, overtime shallbe compensated at one and one-half (1 1/2) timesthe regular rate.

2. Except as provided in 2.C.3., below, for allregular, limited-term and probationary employees,overtime may be converted to compensatory time orpaid for at the option of the Department.Consideration shall be given to effectuating thewishes of employees. Employees with existingcompensatory time balances of eighty (80) hoursshall be paid for all overtime work performed inexcess of that amount.

3. Overtime hours worked by extra help employees shallbe paid.

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4. Compensatory time earned and accrued by an employeein excess of thirty-two (32) hours may be scheduledoff for an employee by his or her Department;however, consideration shall be given toeffectuating the wishes of those employeesrequesting specific compensatory time off periods.

5. No scheduled compensatory time off will becancelled except in cases of emergency.

6. In no case may an employee's work schedule bechanged during the workweek when the purpose ofsuch change is to avoid overtime compensation.

7. Time worked as overtime shall not be used to earnfringe benefits or to serve out probation or meritincrease periods. Compensatory time off may beused as part of the established workweek to earnfringe benefits and to serve out probationary andmerit increase periods.

8. An employee separating from the County service forreasons other than paid County retirement shall bepaid for accumulated compensatory time in a lumpsum payment.

Section 3. Rest Periods and Cleanup Time

A. Employees shall be allowed rest periods of fifteen (15)minutes during each four (4) consecutive hours of work.

Such rest periods shall be scheduled in accordance withthe requirements of the Department, but in no caseshall rest periods be scheduled within one (1) hour ofthe beginning or the ending of a work shift or lunchperiod. The County may designate the location orlocations at which rest periods may be taken.

Rest periods shall be considered hours worked andemployees may be required to perform duties, ifnecessary.

B. Each employee shall, when necessary, be permitted up tofifteen (15) minutes of paid County time at the end ofeach work shift to perform such activities as cleaningup a work area, putting away tools, personal wash-upand changing clothes.

Section 4. Premium Pay

A. Night Shift Differential

1. An employee who works an assigned night shift shallin addition to his or her regular salary be paid anight shift differential for each hour actuallyworked on the assigned night shift.

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2. For purposes of this Section, night shift shallmean an assigned work shift of seven (7)consecutive hours or more which includes at leastfour (4) hours of work between the hours of 4 p.m.and 8 a.m. Overtime which is worked as anextension of an assigned day shift shall notqualify an employee for night shift differential.

3. The rate of night shift differential shall be five(5) percent of the employee's basic hourly ratewith a minimum of sixty (60) cents per hour and amaximum of one (1) dollar and fifty (50) cents perhour.

B. On-Call Pay

1. When a regular, limited-term or probationaryemployee is assigned on-call duty by the County,the employee shall, whenever practicable, beinformed in writing at least five (5) days inadvance of the dates and inclusive hours of suchassignment; the employee shall be compensated atone-fourth (1/4) of his or her basic hourly ratefor the entire period of such assignment.

2. On-call duty requires the employee so assigned to:(1) be reachable by telephone or othercommunications device; (2) be able to report towork in a reasonable time; and (3) to refrain fromactivities which might impair his or her ability toperform assigned duties.

3. Employees paid on a sixteen (16) hour shift basisare exempt from these provisions.

4. On-call pay shall not apply to extra help employeesunless expressly directed in writing to be on-call.

C. Call-Back Pay

1. When an employee returns to work because of aDepartment request made after the employee hascompleted his or her normal work shift and left thework station, the employee shall be credited withfour (4) hours work plus any hours of work inexcess of four (4) hours in which the employee iscontinuously engaged in work for which he or shewas called back.

2. Except as provided in 6.C.3., below, call-backshall be paid at one and one-half (1 1/2) times theregular rate.

3. There shall not be any duplication or pyramiding ofrates paid under this Section.

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4. An employee shall be credited with not more thanone (1) minimum four (4) hour guarantee for workperformed during any four (4) consecutive hourperiod.

5. An employee credited with four (4) hours pursuantto this Section may be assigned other work untilthe guaranteed time has elapsed.

6. Call-back pay shall apply only when an employee isrequired to physically return to work (e.g., leavehome or another off-duty location) in order toperform required duties.

D. Bilingual Pay

1. Qualified employees who meet the following criteriashall receive an additional forty (40) cents perhour (approximately sixty-nine (69) dollars permonth) for all hours actually paid.a. An employee must be assigned by Departmental

management to speak or translate a language inaddition to English. This includes suchspecialized communication skills as signlanguage.

b. Employees must regularly and frequently speakand/or translate a second language, i.e., oncedaily.

c. To become qualified, employees must becertified as qualified by the PersonnelDirector.

2. Qualified employees in the unit who, in addition tomeeting the criteria in 1.a. and b. above, and whenapproved by the Division Commander, are certifiedby the Personnel Director as qualified to performexceptional bilingual duties that are essential tothe performance of their professional and/ortechnical duties, based on assignment requirements,shall receive an additional seventy (70) cents perhour (approximately one hundred and twenty one(121) dollars per month) for all hours actuallypaid.

3. An employee shall not be eligible to receive morethan one type of bilingual pay concurrently.

4. Bilingual pay shall not apply to workers'compensation supplement pay.

5. An employee in a bilingual assignment may requestassignment to a position which does not requirebilingual certification. The request shall be madein writing to the Department Head, who willconsider it according to:

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a. Department need;

b. availability of a qualified replacement; and

c. availability of another suitable assignmentfor the requesting employee.

6. Upon the agreement of the County and OCEA,negotiations shall be reopened for the sole purposeof considering the addition or deletion of classeseligible for exceptional bilingual pay.

E. Peace Officer Standards and Training (P.O.S.T.) Pay

A full-time regular, limited-term or probationaryemployee classified as Deputy Coroner or Senior DeputyCoroner who complies with the procedure below shall bepaid either approximately one hundred fifty (150)dollars per month for an Intermediate P.O.S.T.Certificate or approximately three hundred (300)dollars per month for an Advanced P.O.S.T. Certificateand shall be paid for all regular hours paid under thefollowing conditions: (For purposes of this provision,"regular hours paid" shall mean all paid hoursexclusive of overtime, call back or on-call pay not toexceed forty [40] hours per week.)

The employee shall submit a written request forP.O.S.T. Pay to the agency/department with an attachedcopy of either the appropriate P.O.S.T. Certificate orapplication for P.O.S.T. Certificate. P.O.S.T. Payshall start the first day of the pay period followingreceipt by the agency/department of a valid P.O.S.T.Certificate.

F. Training Officer Assignment Pay

Employees in the classification of Sheriffs SpecialOfficer assigned to John Wayne Airport or the TrainingAcademy on a regular, full-time basis who areresponsible for training new Sheriffs Special Officersshall be paid one dollar ($1.00) per hour for all hoursassigned to perform such training functions.

G. Emergency Communications Training and Certification Pay

1. Employees in the classification of SheriffsSpecial Officer I, II who are assigned to receivetraining as or act in the capacity of a RadioDispatcher or Communication Coordinator shallreceive an additional two dollars and three cents(2.03) per hour for all hours assigned whiletraining or acting in the capacity of a RadioDispatcher or Communication Coordinator at theEmergency Communications Bureau.

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2. If, during the term of the contract, thedifference between the step 12 hourly rate of theRadio Dispatcher or Communication Coordinatorclassification and the step 12 hourly rate of theSheriffs Special Officer II classification exceedstwo dollars and three cents (2.03) per hour, thepremium will be adjusted accordingly.

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ARTICLE II

PAY PRACTICES

Section 1. Compensation for Employees

Employees shall receive compensation at the biweekly orhourly rate for the range and step or flat rate assigned tothe class in which they are employed.

Section 2. Pay for New Employees

A. A new employee shall be paid at the recruiting step ofthe salary range in effect for the particular class orposition in which the new employee is hired except asprovided in Sections 2.B., C., and D., below.

B. Upon recommendation of the Personnel Director, theBoard may, by minute order, authorize that a particularposition be filled at any step within the range. Whenthe Board authorizes the filling of the position at astep which is higher than the recruiting step of thesalary range, it may, by minute order, advance thesalary of incumbents of positions in that class orrelated classes in order to retain equitablerelationships.

C. The Agency or Department Head may authorize theappointment of employees at any of the first seven (7)steps of the salary range. Such appointments shall bemade only when the Agency or Department Head makes adetermination that there is a direct and measurablebenefit to the County from such appointments and makesa determination that the applicant's previous trainingand experience enables him or her to make a greatercontribution than a less experienced employee.

D. Upon recommendation of the Agency or Department Head,the County Executive Officer may authorize theappointment of employees beyond step seven (7) of thesalary range when there is a direct and measurablebenefit to the County for such appointment.

E. 1. The County may adjust the recruiting step ofclasses during the term of this Agreement, whereverjustified, by recruiting and labor marketconsiderations.

2. If a recruiting step is decreased, incumbents ofthe class will be unaffected.

3. If a recruiting step is increased for a class, allemployees in that class below the new recruitingstep shall be advanced to the new recruiting stepand a new merit increase date shall be assigned asprovided in Section 3.C. for new employees.

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4. Any regular employee whose salary could be bypassedby a new employee, if that employee was hired thedate of the recruiting rate change, shall have hisor her merit increase date advanced to the samedate provided for such new employee.

Section 3. Merit Increase Within Range

A. Extra help employees shall not be eligible for meritincreases within range.

B. Salary increases within a range shall not be automatic.They shall be based upon merit and granted only uponthe affirmative recommendation of the Department Head.

C. A new or reemployed employee in a regular or limited-term position shall have a merit increase eligibilitydate which shall be the first day of the pay periodfollowing the completion of the first twenty-six (26)weeks of service within that class. The granting of anOfficial Leave of Absence (other than a Military Leave)or the imposition of a suspension shall cause the meritincrease eligibility date to be extended a number ofcalendar days equal to the Official Leave orsuspension. The extended merit increase eligibilitydate will be effective the first day of the pay periodafter said date. Subsequent merit increase eligibilitydates shall be the first day of the pay periodfollowing the completion of fifty-two (52) weekintervals subject to the same postponement for OfficialLeaves of Absence or suspensions.

D. An employee in a part-time regular or limited-termposition who has not completed one thousand forty(1040) paid hours exclusive of overtime by his or herfirst merit increase date shall have the merit increaseeligibility date postponed until the first day of thepay period following completion of one thousand forty(1040) paid hours exclusive of overtime. Likewise, anemployee in a part-time regular or limited-termposition who has not completed two thousand eighty(2080) paid hours exclusive of overtime betweensubsequent merit increase eligibility dates shall havehis or her merit increase eligibility date postponeduntil the first day of the pay period followingcompletion of two thousand eighty (2080) paid hoursexclusive of overtime. Where an employee's recordconsists of a combination of full-time and part-timeservice, both periods of service shall apply towardsmerit increase eligibility with the part-time servicebeing applied proportionately to the appropriate full-time interval.

E. 1. Merit increases may be granted for one (1), two(2), three (3) or four (4) steps within the salaryrange based upon the employee's performance.

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Standard performance shall earn a two (2) stepincrease.

2. For any employee hired on or after July 15, 1977,the determination as to whether or not to grantmerit increases beyond Step 10 (Step 12 foremployees assigned to Salary Schedule G), and ifgranted, in what amounts, shall be solely withinthe discretion of the Department Head and shall bebased on merit.

F. If, in the Department's judgment, the employee'sperformance does not merit a salary increase on themerit increase eligibility date and a deferral ofdecision accompanied by an intensive effort at improvedperformance might be productive, the Department shallcomplete the structured merit rating and defer adecision regarding the merit increase any number of payperiods, but not to exceed thirteen (13) pay periods.A deferral of less than thirteen (13) pay periods maybe further extended not to exceed thirteen (13) payperiods from the original merit eligibility date. Theemployee may be reevaluated at any time, but in anyevent shall be reevaluated on the structured meritrating prior to the end of the thirteenth pay period.The employee's merit increase eligibility date shallnot be changed by such deferral.

G. Should an employee's merit increase eligibility date beoverlooked through an error and upon discovery of theerror the employee is granted a merit increase, theemployee shall be compensated for the additional salarythe employee would have received dating from theemployee's merit increase eligibility date.

Section 4. Salary on Promotion

A. Except as modified by B. and C., below, a regular,limited-term or probationary employee who is promotedto a position in a class with a higher salary rangeshall receive the recruiting salary for the higherclass or such higher amount as would be the closest toa two (2) step increase on the range over the salaryreceived prior to the promotion not to exceed the topstep of the range. A new merit increase eligibilitydate shall be established which shall be the first dayof the pay period following completion of the firsttwenty-six (26) weeks of service in the new class.

B. Any employee who is promoted to a class from which theemployee was previously reduced without a salarydecrease shall be placed at a salary step no higherthan the step which the employee would have achieved ifthe employee had remained in the class to which he orshe is promoted and had demonstrated at least standardperformance. The employee's merit increase eligibilitydate shall be reestablished in order to credit the

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employee with any time formerly served in the higherclass.

C. Upon recommendation of the Agency/Department Head, theCounty Executive Officer may, based on consideration ofsuch factors as external market data, internal salaryrelationships, position responsibilities and soundmanagement principles, approve a rate of pay onpromotion not to exceed the top of the pay range towhich the employee is being promoted.

Section 5. Salary on Reassignment

A. When a regular, limited-term or probationary employeeis reassigned to a class with the same recruiting step,such employee's salary and merit increase eligibilitydate shall not change. Such employee shall have thesame probation status which would have been achieved ifthe employee had been in the new class throughout theperiod of such service in the old class.

B. When a regular, limited-term or probationary employeeis reassigned to a class with a higher recruiting step,such employee's salary shall be advanced the number ofsteps difference between recruiting steps and theemployee shall retain his or her former merit increaseeligibility date, except as provided in E., below.Such employee shall have the same probation statuswhich would have been achieved if the employee had beenin the new class throughout the period of such servicein the old class.

C. When a regular or limited-term regular employee isreassigned to a class with a lower recruiting step,such employee's salary and merit increase eligibilitydate shall not change. Such employee shall have thesame probation status which would have been achieved ifthe employee had been in the new class throughout theperiod of such service in the old class.

D. When a probationary or probationary limited-termemployee is reassigned to a class with a lowerrecruiting step, such employee shall have the samesalary, step status, probation status and meritincrease eligibility date as would have been achievedif the employee had been in the new class throughoutthe period of such service in the old class.

E. When a regular, limited-term or probationary employeeis involved in a series of reassignments among classeswith the same salary range but different recruitingsteps or a series of reassignments among classes ondifferent salary ranges, his or her salary and meritincrease eligibility date shall be determined by thePersonnel Director.

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Section 6. Salary on Reduction

A. 1. When a probationary employee is reduced to a classnot previously occupied by the employee, theemployee shall receive the recruiting step for thelower class and shall receive a new merit increaseeligibility date as provided in Section 3.C.,above, or the employee's salary and merit increaseeligibility date may be determined by the PersonnelDirector.

2. When a promotional probationary employee, anemployee who has been on a temporary promotion or aregular employee who was promoted to a limited-termposition at the direction of the employee'sAgency/Department Head is reduced to a class theemployee occupied in good standing, the employeeshall have the step status and merit increaseeligibility date he or she would have achieved ifthe employee had remained in the lower classthroughout the period of his or her service in thehigher class.

B. When a regular or limited-term regular employee isreduced to a position in a lower class by demotion forreasons of unsatisfactory performance, the employee'ssalary shall be reduced to a step on the salary rangewhich would be the closest amount to a two (2) stepreduction or the employee shall receive the maximumstep of the salary range of the new class, whichever islower. The employee's merit increase eligibility dateshall be the first day of the pay period followingcompletion of fifty-two (52) weeks of service in thenew class, unless the employee thereby is placed at therecruiting step of the new salary range, in which casethe employee's merit increase eligibility date shall bethe first day of the pay period following thecompletion of twenty-six (26) weeks of service in thenew class.

C. When a regular or limited-term regular employee in goodstanding is reduced to a position in a lower class forphysical disability or reasons other thanunsatisfactory performance, the employee shall receivethe highest salary in the new range that does notexceed the employee's rate of pay immediately prior toreduction and shall retain his or her merit increaseeligibility date.

D. When a regular, limited-term or probationary employeeis reduced because the position the employee occupiedis reclassified, the applicable salary shall bedetermined as follows:

1. If the salary of the employee is the same or lessthan the maximum of the new class, the salary and

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merit increase eligibility date of the employeeshall not change.

2. If the salary of the employee is greater than themaximum of the new range, the salary of theemployee shall be designated as a Y-Rate and shallnot change during continuous regular service untilthe maximum of the new range exceeds the salary ofthe employee or until the period of calendar timeindicated in the schedule below has elapsed,whichever is sooner. If, at the end of thecalendar period indicated below, the salary of theemployee still exceeds the maximum of the newsalary range, the salary of the employee shall bereduced to the maximum salary for the new class.

Y-RATE SCHEDULE

Years of Full-Time DurationContinuous Service of Y-Rate

Less than 5 years Two years from thedate of reclassification

5 years but less Three years from thethan 10 years date of reclassification

10 years but less Four years from thethan 15 years date of reclassification

15 years but less Five years from thethan 20 years date of reclassification

20 years but less Six years from thethan 25 years date of reclassification

25 years or more Seven years from thedate of reclassification

3. When an employee on Y-Rate accepts a voluntaryreduction, his or her salary shall be reduced bythe amount of the difference between the maximumsalary of the class from which the employee isbeing reduced and the maximum salary of the newclass.

Section 7. Salary on Reclassification

The salary of a regular, limited-term or probationaryemployee whose position is reclassified shall be determinedas follows:

A. If the position is reclassified to a class with thesame salary range, the salary and merit increaseeligibility date of the employee shall be governed byArticle II, Section 5.A., B. or C.

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B. If the position is reclassified to a class with ahigher salary range, the salary of the employee shallbe governed by Article II, Section 4.A.

C. If the position is reclassified to a class with a lowersalary range, the salary of the employee shall begoverned by Article II, Section 6.D.2.

Section 8. Salary on Reemployment

A. A person who is reemployed in the same occupationalseries in which the person held regular status and wasseparated in good standing may, upon approval of thePersonnel Director, be appointed at a step higher thanthe recruiting step, but no higher than the step theperson received at the time of separation unlessappointment is at an advanced step or rate pursuant toArticle II, Section 2.C.

B. A former County employee on paid County retirement maybe reemployed for not more than one hundred twenty(120) working days or nine hundred sixty (960) hourswhichever is greater, in any one (1) fiscal year in aposition requiring special skills and knowledge and maybe appointed to the position at any step on the salaryrange.

Section 9. Changes in Salary Allocation

A. Upon request of the County, negotiations shall bereopened for the sole purpose of considering anincrease in salary (unrelated to a classificationstudy) for any class included in this Agreement.Changes in salary resulting from a classification studyshall be subject to the provisions of Article XVII.

B. If a class is reassigned to a different salary range,each employee in the class shall be compensated at thesame step in the new salary range as he or she wasreceiving in the range to which the class waspreviously assigned.

Section 10. Additional Compensation

Notwithstanding anything in this Memorandum of Understandingto the contrary when in the judgment of the Board, itbecomes necessary or desirable to utilize the services ofCounty employees in capacities other than those for whichthey are regularly employed, the Board may authorize and, ifappropriate, fix an additional rate of compensation for suchemployees.

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Section 11. Pay Check Deposit

A. The County will permit an employee to authorizeautomatic deposit of his or her pay check to afinancial institution of the employee's choice, if andwhen the Personnel Director and Auditor-Controllerdetermine it is feasible.

B. Employees hired after June 29, 2001 will be required toauthorize automatic deposit of his or her paycheck to afinancial institution of the employee’s choice.

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ARTICLE III

GENERAL PERSONNEL PROVISIONS

Section 1. Probation

A. New Probation

1. Full-Time Employee

A new or reemployed employee employed in a regularor limited-term position shall be placed on a newprobation for fifty-two (52) weeks from the date ofappointment ending with the first day of the payperiod following completion of said period.

2. Part-Time Employees

A new or reemployed employee employed in a part-time regular or limited-term position shall beplaced on new probation for two thousand eighty(2080) paid hours exclusive of overtime, endingwith the first day of the pay period followingcompletion of said period.

B. Promotional Probation

1. Any regular or limited-term employee who ispromoted, excluding a temporary promotion, shall beplaced on promotional probation except as providedin B.2., below.

a. A full-time employee shall serve a probationperiod equal to the time period of the initialprobation ending with the first day of the payperiod following completion of said period.However, an employee who promotes to a classin the same or closely related occupationalseries, shall serve a promotional probationperiod of twenty-six (26) weeks from the dateof promotion ending with the first day of thepay period following completion of said periodor the remainder of any uncompleted newprobation period, whichever is longer.

b. A part-time employee shall be placed onpromotional probation for two thousand eighty(2080) paid hours, exclusive of overtime,ending with the first day of the pay periodfollowing completion of said period exceptthat for promotion to a class in the same orclosely related occupational series, thepromotional probation period shall be onethousand forty (1040) paid hours exclusive ofovertime or the remainder of any uncompletednew probation period, whichever is longer.

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2. When a regular or regular limited-term employee ispromoted as a result of the employee's positionbeing reclassified to a higher class and the classfrom which the employee is promoted is subsequentlydeleted or abolished, the incumbent employee shallnot serve a promotional probation period.

3. When an employee who has been on a temporarypromotion or a regular employee who was promoted toa limited-term position at the direction of theemployee's Department Head is reduced to a classthe employee formerly occupied, the employee shallserve the remainder of any uncompleted probationaryperiod in that class.

C. Failure of Probation

1. New Probation

An employee on new probation may be released at thesole discretion of the Department at any timewithout right of appeal or hearing, except asprovided in C.3., below.

2. Promotional Probation

a. An employee on promotional probation may befailed at any time without right of appeal orhearing, except as provided in C.3., below,and except that failing an employee onpromotional probation must not be arbitrary,capricious or unreasonable.

b. An employee who fails promotional probationshall receive a performance evaluation statingthe reason for failure of promotionalprobation.

c. When an employee fails his or her promotionalprobation, the employee shall have the rightto return to his or her former class providedthe employee was not in the previous class forthe purpose of training for a promotion to ahigher class. When an employee is returned tohis or her former class under the provisionsof this Section, the employee shall serve theremainder of any uncompleted probationaryperiod in the former class. A regularemployee who accepts promotion to a limited-term position other than at the direction ofthe employee's Department Head shall not havethe right to return to his or her formerclass.

d. If the employee's former class has beendeleted or abolished, the employee shall havethe right to return to a class in his or her

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former occupational series closest to, but nohigher than, the salary range of the classwhich the employee occupied immediately priorto promotion and shall serve the remainder ofany probationary period not completed in theformer class.

3. An employee who alleges that his or herprobationary release was based on discrimination bythe County in violation of Article XVI,NONDISCRIMINATION, may submit a grievance at Step 3of the grievance procedure within ten (10) daysafter receipt of notice of failure of newprobation.

D. General Provisions

1. When an employee's record consists of a combinationof full-time and part-time service in regular orregular limited-term positions, except as providedin Section 4.C., below, part-time service shall beapplied proportionately by using total hours workedto appropriate full-time requirements. Forpurposes of this Section, one thousand forty (1040)hours shall equal twenty-six (26) weeks and twothousand eighty (2080) hours shall equal fifty-two(52) weeks.

2. When the Department Head or his/her representativepasses an employee on probation, that determinationshall be based upon a written performanceevaluation and shall be discussed with theemployee. A probation period may not be extended,except as provided in Section 1.D.4. and 5. of thisArticle, below, and an employee who is permitted bythe Department to work beyond the end of aprobation period shall be deemed to have passedsuch probation period.

3. An employee who is on probation may not transferfrom one Department to another in the same classwithout the approval of the Personnel Director.

E. Extension of Probation Periods

1. The granting of an Official or Military Leave ofAbsence shall cause the employee's probation periodto be extended by the length of the Official Leaveor by the length of the Military Leave in excess offifteen (15) calendar days. If the employee is onprobation, the extended probation period resultingfrom the Official or Military Leave of Absenceshall end with the first day of the pay periodafter said extended date. An employee who issuspended shall have his or her probation extendedby the length of suspension, with the extended

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probation period ending with the first day of thepay period after said extended date.

2. The Personnel Director shall extend the new orpromotional probationary periods of incumbentsappointed as a result of a selection procedurewhich is appealed. Such probationary periods shallbe extended no longer than sixty (60) calendar daysfrom the date on which the County receives theAppeals Officer's findings and decision. In theevent an employee's probationary period is extendedby the provisions of this Section, and such anemployee has served a probationary period which islonger than the probationary period normallyprescribed for new or promotional probation, suchan employee may fail probation during the extendedperiod only upon recommendation of the AppealsOfficer and final determination of the Board ofSupervisors.

3. With the mutual agreement of a new probationaryemployee and his or her Department, the employee'snew probation period may be extended at the solediscretion of the Personnel Director for a periodnot to exceed ninety (90) calendar days providedsuch action is approved by the Personnel Directorbefore the normal probation period is completed.In such cases, the Department shall advise OCEA inwriting regarding the extension of probation assoon as practicable.

Denial of a request to extend a probation periodshall not be subject to appeal or hearing.

Section 2. Performance Evaluation

A. The County shall maintain a system of employeeperformance ratings designed to give a fair evaluationof the quantity and quality of work performed by anemployee. Such ratings shall be prepared and recordedin the employee's personnel file for all regular andlimited-term full and part-time employees at least onceeach year; and in addition, for employees onprobationary status, at least once near the middle ofthe probation period.

B. The County shall discuss with the employee the specificratings prior to such ratings being made part of theemployee's personnel file.

C. When a performance evaluation is recorded in thepersonnel file of an employee, a copy of suchevaluation, together with any attachment relatingthereto, shall be given to the employee. Any writtenresponse by the employee to the performance evaluationshall be attached to such evaluation in the officialpersonnel files.

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Section 3. Contents of Personnel File

A. Adverse statements prepared by the County shall not beincluded in an employee's official personnel fileunless a copy is provided to the employee.

B. An employee shall have the right to inspect and reviewthe contents of his or her official personnel file atreasonable intervals.

C. In addition, an employee shall have the right toinspect and review the contents of his or her officialpersonnel file in any case where the employee has agrievance related to performance; to a performanceevaluation; or is contesting his or her suspension ordischarge from County service.

D. Letters of reference and reports concerning criminalinvestigations concerning the employee shall beexcluded from the provisions of B. and C., above.

E. An employee shall have the right to respond in writingor personal interview to any information contained inhis or her official personnel file, such reply tobecome a permanent part of such employee's officialpersonnel file.

F. Any contents of an employee's official personnel filemay be destroyed pursuant to an agreement between thePersonnel Director and the employee concerned or by anorder of an arbitrator, court or impartial hearingofficer unless the particular item is otherwiserequired by law to be kept.

Section 4. Status of Limited-Term Employees

A. All limited-term employees shall be subject to the samehiring standards and shall earn all benefits, exceptArticle X, LAYOFF PROCEDURE, which accrue to employeesin regular positions.

B. A regular employee who transfers, promotes or reducesto a limited-term position on a voluntary basis and notat the direction of the Department Head shall become alimited-term regular employee.

C. Limited-term employees hired under programs whichinvolve special employment standards shall serve a newprobation period upon transfer to permanent fundedpositions. Upon transfer to permanent positions, suchemployees shall maintain their original hire date forpurposes of vacation and Sick Leave accrual, retirementand layoff. The requirement that such employees servea new probation period may be waived by the County.Limited-term employees not hired under programs whichinvolve special employment standards shall, upon

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transfer to permanent funded positions, maintain theiroriginal hire date for purposes of vacation and SickLeave accrual, retirement, layoff and new employeeprobation.

D. When funding ceases for a limited-term position or whenthe position is no longer necessary, the limited-termposition shall be abolished and the incumbent shall beremoved from the payroll except as provided in E.,below.

E. Regular employees who transfer, promote or reduce tolimited-term positions at the direction of theDepartment Head shall retain their former status andretain their layoff benefits in their former layoffunit. The Department Head shall make such an order inwriting prior to the date of transfer or promotion.

Section 5. Temporary Promotion

A. A regular, probationary or limited-term employee who isassigned on a temporary basis to a higher level vacantregular or limited-term position shall be promoted on atemporary basis to that class when such employee hasbeen assigned to the higher class for one hundredtwenty (120) consecutive regularly scheduled hours ofwork and the employee has been performing all of thesignificant duties and responsibilities of the higherclass, unless the employee requests to be reassigned tohis or her former class. At any time before thetemporary promotion is made, such employee may requestto be reassigned to his or her former class. In such acase, the employee shall be reassigned within five (5)working days.

B. The Department may, at its option, waive the onehundred twenty (120) hour requirement when it isnecessary to utilize a regular, probationary orlimited-term employee in a higher level vacant regularor limited-term position for a period that is expectedto be at least one hundred twenty (120) regularlyscheduled hours but not to exceed eighteen (18) months.

C. An employee on temporary promotion shall not be placedon promotional probation. Upon return from temporarypromotion, an employee shall serve the remainder of anyuncompleted probationary period in the employee'sformer class and shall have the step status and meritincrease eligibility date he or she would have achievedif the employee had remained in the lower classthroughout the period of his or her service in thehigher class.

D. At the end of the employee's assignment to the higherclass, the employee shall have the right to return tohis or her former class and agency/department. A

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temporary promotion shall not exceed a period ofeighteen (18) months.

Section 6. Reemployment of Employees on DisabilityRetirement

A. The County will counsel and advise employees retiredfor physical disability about reemploymentopportunities with the County.

B. Employees retired for physical disability who, withintwo (2) years from date of retirement or date theirdisability retirement is discontinued, request andqualify for positions in the County service shall beplaced on the COUNTY PREFERRED ELIGIBLE LIST withrespect to such positions. They will be placed on suchlist in chronological order of retirement but followingthe last person on layoff status. They will remain onsuch list for a period of two (2) years from date ofretirement or date their disability retirement isdiscontinued, except that:

a person appointed to a regular position in theCounty service shall be removed from the list;

a person who, on two (2) separate occasions,rejects or fails to respond within three (3)calendar days to offers of employment in a classfor which he or she is qualified shall be removedfrom the list;

a person who on three (3) separate occasions,declines referral for interviews in a class forwhich he or she is qualified shall be removed fromthe list.

Section 7. Reemployment of Regular Employee

A regular employee who leaves County employment and isreemployed within fifteen (15) calendar days shall be deemedto have been on Departmental Leave for such period of time.

Section 8. Time Off for Selection Procedures

A regular, limited-term or probationary employee shall beentitled to necessary time off with pay to participate intests of fitness, examinations and interviews required bythe Personnel Director during working hours for the purposeof determining eligibility for movement to another class inthe County service or transfer from one agency/department toanother.

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Section 9. Transfer Policy for OCEA Officers andGrievance Representatives

Management shall not, wherever practicable, assign an OCEAofficer or grievance representative to a different locationif:

A. the employee's performance is standard or better; and

B. OCEA objects to such assignment (OCEA shall not objectto such assignment change, except for good cause); and

C. there is another employee in the same classification inthe Department who meets the specific qualificationsfor the assignment.

Section 10. Training

A. Upon approval of the Department Head, employees mayparticipate in various County sponsored trainingprograms. The County and OCEA will inform employees ofthese training programs.

B. During the term of this Memorandum of Understanding,OCEA may request specific training or developmentopportunities for various employees in this Unit. TheCounty agrees to discuss such requests with OCEA andconsider implementation.

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ARTICLE IV

LEAVE PROVISIONS

Section 1. Sick Leave

A. Accumulation of Sick Leave

1. During the first three (3) years of employment, anemployee shall earn .0347 hours of sick leave withpay for each paid hour in a regularly scheduledworkweek or period to a maximum of eighty (80)hours in a pay period (approximately seventy-two[72] hours per year).

2. After an employee has been paid for six thousandtwo hundred forty (6240) regularly scheduled hours,approximately three (3) years, the employee shallearn .0462 hours of sick leave with pay for eachpaid hour in a regularly scheduled work period to amaximum of eighty (80) hours in a pay period(approximately ninety-six [96] hours per year).

3. Sick leave earned shall be added to the employee'ssick leave accumulation account upon the completionof the pay period, with no credit to be appliedduring the progress of the pay period or for aportion of the pay period during which the employeeterminates County service.

4. Extra help employees shall not earn sick leave.

B. Permitted Uses of Sick Leave

Sick leave may be applied to:

1. An absence necessitated by an employee's personalillness, injury or disability due to pregnancy orchildbirth.

2. Medical and dental office appointments when absenceduring working hours for this purpose is authorizedby the Department.

3. Absence due to exposure to a contagious diseasewhen quarantine is imposed by health authorities orwhen it is determined by a physician designated bythe County that the presence of the employee onduty would endanger the health of others.

4. Absence from duty because the employee's presenceis needed to attend to the serious illness of amember of his or her immediate family, providedthat such absence shall be limited to a maximum ofthree (3) working days for each occurrence. Forpurposes of this Section, immediate family shallmean father, father-in-law, mother, mother-in-law,

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step-parent, brother, sister, wife, husband, child,grandparent or legal guardian.

5. Illness while on paid vacation will be charged tosick leave rather than vacation only under thefollowing conditions:

a. The illness or injury of the employee was of anature that would preclude the effective useof vacation and would prevent the employeefrom performing his or her normal duties.

b. The employee must notify his or her supervisorwithin four (4) calendar days of the beginningof the illness or prior to the end of his orher vacation leave, whichever is sooner, torequest that his or her illness on vacation becharged to sick leave.

c. The Department shall be under no obligation toextend the vacation beyond the originalscheduled vacation ending date.

d. Upon the employee's return to work, theemployee must furnish the Department with acertificate signed by a licensed physician orregistered nurse stating the nature of themedical condition and the period ofdisablement.

6. Absence from duty because of personal emergenciesor personal business not to exceed thirty (30)working hours during the fiscal year.

7. An absence due to an air pollution alert whichprevents the employee from traveling to his or herwork location.

C. Prohibited Uses of Sick Leave

Sick leave shall not be applied to:

1. Absence caused by illness or injury to a member ofthe employee's family except as provided in B.4. orB.6., above.

2. Absences which occur on a County holiday.


1. In any use of sick leave, an employee's accountshall be charged to the nearest quarter hour.

2. An employee may be required to furnish acertificate issued by a licensed physician orregistered nurse or other satisfactory evidence ofillness, injury, medical condition or medical or

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dental office calls when the Department hasnotified the employee in advance of such arequirement or when the employee has been under thecare of a physician.

3. a. Upon paid retirement or death, an employee orthe employee's estate shall be paid for aportion of the employee's unused sick leave inan amount computed as provided below:

Years of Service Percent of UnusedSick Leave Paid For

Less than 5 years None

5 but less than 10 25%



20 or more 100%

Years of service as used herein shall be theequivalent of full-time continuous service ina regular position. Employees who elect totake deferred retirement shall not be eligiblefor any benefits provided by this paragraph.

b. Not more than once in each fiscal year, anemployee hired prior to July 15, 1977, who, asof date of request, is eligible for Tier Ipaid retirement and who has accumulated unusedsick leave in excess of two hundred eighty(280) hours shall, upon request, receive apayoff for up to one-third (1/3) of all his orher accumulated sick leave, provided that theremaining balance is not reduced below twohundred eighty (280) hours. The percentage ofsick leave paid shall be computed based onyears of continuous service in accordance withSection 1.D.3.a., above. The employee's sickleave balance will be reduced by the totalnumber of hours elected and approved forpayoff by the employee prior to theapplication of the eligible percentagedescribed in Section 1.D.3.a.

c. Notwithstanding the provisions of 3.b., above,an employee hired prior to July 15, 1977 who,as of the date of request, is eligible forTier I paid retirement and who has givenirrevocable written notice of his or herintent to retire, may request that a payoff ofhis or her accumulated sick leave be made tohis or her deferred compensation account withthe County to the maximum amount permitted

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under the regulations that govern deferredcompensation programs and to the extentpermitted under the provisions of 3.a., above.Such request must be made at least thirty (30)calendar days prior to the effective date ofhis or her retirement. Such payoff shall bemade prior to the effective date of theemployee's retirement.

4. Employees hired on or after July 15, 1977, shallnot be eligible for any benefits provided byParagraph D.3., above.

5. Upon request of the County, negotiations shall bereopened to consider alternative sick leaveincentive/control programs.

6. When a person is reemployed in a regular orlimited-term position, the Personnel Director may,upon the request of the department, apply theperiod of previous County continuous service forthe purpose of determining sick leave earningrates.

Section 2. Bereavement Leave

Upon request, regular, limited-term or probationaryemployees shall receive necessary time off with pay, not toexceed five (5) days in any one (1) instance, to arrange foror attend a funeral of a member of their immediate family.For purposes of this Section, immediate family shall meanfather, father-in-law, mother, mother-in-law, step-parent,brother, sister, wife, husband, child, stepchild,grandparent, grandchild or legal guardian.

Section 3. Authorized Leave Without Pay

A. Departmental Leave

A regular, limited-term or probationary employee mayrequest a Departmental Leave Without Pay for a periodof time not to exceed fifteen (15) calendar days. Thegranting of such Leave shall be at the discretion ofthe Department, except in cases where Official Leavehas been authorized pursuant to B.4., B.5. and Section11.A., below. The Department Head may require that allaccumulated compensatory time be used prior to grantingof Departmental Leave. The use of earned vacationprior to the obtaining of Departmental Leave shall beat the option of the employee.

B. Official Leave

1. Upon request, a regular, limited-term orprobationary employee may be granted an OfficialLeave of Absence Without Pay. Such Leave, ifgranted, shall not exceed one (1) year except as

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provided in 2. and 3., below. Such Leave may beauthorized only after an employee's completion of aDepartmental Leave and after all compensatory andvacation accruals have been applied toward paymentof the absence.

2. An Official Leave of Absence may be extended for upto an additional year at the discretion of theDepartment except that requests for Official Leavewhich qualify as Family Leave pursuant toapplicable law should be granted to the extentrequired by such law. If the Department denies theextension of such Leave, the provisions of 4. and5., below, shall not apply.

3. Upon request, an employee who has requested andidentified a valid need for Family Leave pursuantto Article IV, Section 14, and applicable law,shall be granted Official Leave to the extentrequired by such law. Such Leave shall beauthorized only after an employee's completion of aDepartmental Leave and after all accumulatedcompensatory time and vacation accruals have beenapplied toward the absence. In addition, whereappropriate under the provisions of Article IV,Section 1.B, above, the employee may be required toapply all sick leave accruals toward the absencebefore an Official Leave will be authorized.

4. An employee shall give notice two (2) weeks priorto the date he or she wants to return to workexcept that an employee returning from Family Leaveshall give the lesser of the two (2) weeks noticeor the maximum notice allowed under applicable law.If an employee does not give the notice prior tothe date he or she wants to return to work, theDepartment shall not be required to return theemployee to work until the employee gives suchnotice; however, the Department may waive thenotice or reduce the notice period at itsdiscretion.

5. The Department shall indicate on the request itsrecommendations as to whether the request should begranted, modified or denied and shall promptlytransmit the request to the Personnel Director. Ifthe Personnel Director approves the request, he orshe shall deliver a copy to the Auditor-Controllerand the employee.

6. If the Personnel Director modifies or does notapprove a request for Official Leave, the employeeand/or the Department may, within fifteen (15)calendar days of said action, file a request withthe Personnel Director for review by the Board ofSupervisors. Upon such request, the PersonnelDirector shall forward a copy of the request for

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Official Leave to the Board for finaldetermination. The employee and the appealingDepartment shall notify the Personnel Directorwhether he or she will submit his or her positionin a written statement or wishes to appear beforethe Board. The County may present its position inthe same manner as the employee presents his or herposition. The Board of Supervisors, at itsdiscretion, may designate one (1) or more ExecutiveAssistants to meet with the employee and decidesuch appeals. The decision on such appeals shallbe final.

7. An Official Leave shall not be credited towardcontinuous service.

C. General Provisions

1. A request for a Leave of Absence shall be made uponforms prescribed by the Personnel Director andshall state specifically the reason for therequest, the date when it is desired to begin theLeave of Absence and the probable date of return.

2. A request for Leave of Absence Without Pay shallnormally be initiated by the employee, but may beinitiated by the Department only where the employeeis unable to initiate such action, except in caseswhere the provisions of Section 11.A. apply.

Section 4. Official Leave for Nonoccupational Disability

A. A regular, limited-term or probationary employee shallbe granted upon request an Official Leave of AbsenceWithout Pay for up to six (6) months for anonoccupational disability including disabilitiesrelated to pregnancy and childbirth provided that theemployee meets the following conditions:

1. A medical statement covering diagnosis, prognosis,expected date of return and period of disabilityshall be submitted with the Leave request.

2. Such Leave shall begin after all accrued sickleave, compensatory and vacation time have beenapplied toward the absence.

3. Unless otherwise required by law, the employee hasbeen paid for six thousand two hundred forty (6240)regularly scheduled hours or more.

B. If additional Leave is desired, the employee mayrequest additional Leave in accordance with OfficialLeave, Section 3.B., above.

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C. An employee shall not be entitled to more than one (1)such Leave pursuant to this Section per twelve (12)month period.

Section 5. Absences Caused by Illness, Injury orPregnancy

An employee who is absent from work for a period of morethan fourteen (14) consecutive calendar days due to illness,injury or pregnancy shall not be permitted to resume workuntil, and unless, the employee obtains a medical clearancefrom a physician designated by the County.

Section 6. Jury Duty Leave

A regular, limited-term or probationary employee who iscalled for jury duty or for examination for jury duty shallbe compensated at the employee's regular rate of pay forthose hours of absence due to the jury duty which occurduring the employee's regularly scheduled working hoursprovided the employee deposits the employee's fees for suchhours of jury duty, exclusive of mileage, with the CountyTreasurer. Fees for jury duty performed during hours otherthan regularly scheduled working hours may be retained bythe employee. Any hours worked beyond the regularlyscheduled workday shall be subject to the workweek andovertime provisions (Article I). An employee may request achange in regularly scheduled working hours to a Mondaythrough Friday day shift for the duration of such jury duty.Such requests shall be granted if practicable.

Section 7. Witness Leave

A regular, limited-term or probationary employee who iscalled to answer a subpoena as a witness for courtappearances during the employee's work hours, except wherethe employee is a litigant, shall be compensated at his orher regular rate of pay for all hours of absence from workdue to answering the subpoena provided the employee showsproof of such subpoena and deposits witness fees receivedfor such hours, exclusive of mileage, with the CountyTreasurer. Fees for answering a subpoena as a witnessduring hours other than regularly scheduled working hoursmay be retained by the employee.

Section 8. Leave for OCEA Business

The County shall allow a regular, limited-term orprobationary employee up to six (6) working days absencewithout pay during each fiscal year for the term of thisAgreement to perform official OCEA business, provided that:

A. OCEA shall make a request to the Department Head atleast ten (10) days in advance.

B. OCEA shall not request that such Leave be effective formore than four (4) employees on any workday.

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C. The services of such an employee are not immediatelyrequired by the County, and other competent employeesare available to do the employee's usual work.

Section 9. Absence Without Authorization

A. Absence without authorization for three (3) consecutiveworking days shall be considered an automaticresignation.

B. When the County believes an employee has been absentwithout authorization and the County plans to invokethe provisions of 9.A., above, the County shall sendwritten notice by certified mail to the employee's lastknown address at least ten (10) calendar days prior toimplementing an automatic resignation. Such writtennotice shall contain:

1. A statement of the County's intention to implementthe employee's automatic resignation and itseffective date;

2. A statement of the reasons for considering theemployee to have automatically resigned;

3. A statement of the employee's right to respond,either orally or in writing, prior to the effectivedate of such proposed action;

4. A statement of the employee's right torepresentation;

5. A copy of the automatic resignation provisionswhich apply to the employee;

6. A statement that if the employee fails to respondto the written notice before the effective date ofthe automatic resignation, the automaticresignation shall be implemented.

C. An automatic resignation shall not be implemented ifthe employee responds to the notice before theeffective date and 1) it was physically impossible forthe employee to contact his or her Department; or 2)the employee can show that it would be arbitrary,capricious or discriminatory to implement the automaticresignation.

D. An employee who responds prior to the effective date ofthe proposed action shall be sent written notice of anyaction taken pursuant to the notice of intent.

E. An employee who is permitted to continue his or heremployment pursuant to B. and/or C., above, shall notbe paid for the period of his or her unauthorizedabsence and shall be treated as if on a Leave of

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Absence for purposes of continuity of employment andother appropriate benefits, unless the use of sickleave, compensatory time, vacation or other paid leaveto cover the absences is appropriate.

F. If an employee does not have authorization to be absentfrom work, such employee may request authorization fromthe Department Head prior to the expiration of the timelimit specified in A., above.

G. Notwithstanding any other provision of this Section,the County may rescind an automatic resignation.

H. Automatic resignation shall not be considered adischarge under the provisions of Article VIII,DISCIPLINARY ACTION.

Section 10. Parenthood Leave

A. A regular, limited-term or probationary employee shallbe granted, upon request, a Parenthood Leave WithoutPay of up to six (6) months in connection with thebirth or placement for legal adoption of a childprovided the employee meets the following conditions:

1. The requested Leave is commenced within six (6)months before or after the date of birth orplacement for legal adoption of the child.

2. Sufficient documentation of such birth or placementfor legal adoption is submitted with the requestfor Leave.

3. Such employee has completed new probation.

4. All accrued vacation and compensatory time has beenapplied toward the absence.

B. Unless otherwise required by law, employees shall notbe eligible for more than one (1) such Leave within anytwelve (12) month period.

C. Sick leave must be applied toward any portion of theabsence which qualifies under Section 1.B.1. of thisArticle provided the employee has furnished theagency/department with a certificate signed by alicensed physician stating the nature of the medicalcondition and period of disability.

D. Pregnant employees may also apply for a NonoccupationalDisability Leave for the term of disability as providedin Section 4. of this Article.

E. Parenthood Leave shall not be credited towardcontinuous service.

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F. For employees on Parenthood Leave, merit increasedates, probation periods and performance evaluationdates shall be treated as if the employee were onOfficial Leave.

Section 11. Workers' Compensation Leave

A. When an injury is determined to be job related inaccordance with Article XI, a regular, limited-term orprobationary employee shall be placed on Workers'Compensation Leave. If such determination cannotreadily be made and all sick leave has been applied tothe absence, the employee shall be placed on OfficialLeave until a final determination is made.

B. Workers' Compensation Leave shall continue until theemployee:

1. Is determined to be physically able to return towork and such medical determination, if disputed,is confirmed by Workers' Compensation AppealsBoard; or

2. Is determined to be physically able to return towork with medical restrictions which the County canaccept and such determination, if disputed, isconfirmed by Workers' Compensation Appeals Board;or

3. Accepts employment outside the County; or

4. Accepts employment in another County position; or

5. Has been found to be permanent and stationary andis not rehabilitated as provided by law; or

6. Is retired pursuant to Government Code provisions.

C. If practicable, an employee on Workers' CompensationLeave or 4850 Leave will give notice two (2) weeksprior to the date he or she wants to return to work.If an employee does not give two (2) weeks notice priorto the date he or she wants to return to work, theDepartment shall not be required to return the employeeto work until such notice is given; however, theDepartment may waive the notice or reduce the noticeperiod at its discretion.

Section 12. OCEA Presidential Leave

A. The County agrees to grant, if requested by OCEA,Presidential Leave with pay and without loss of anybenefits provided by the Memorandum of Understanding,except as provided below, to the President of OCEAduring the term of this Memorandum of Understandingprovided that:

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1. The Presidential Leave shall be for a minimum ofeight (8) hours.

2. The Presidential Leave is requested fourteen (14)calendar days in advance. Said Notice may bewaived by mutual agreement.

3. OCEA promptly reimburses the County for all OCEAPresident salary expenses incurred during thePresidential Leave.

4. OCEA promptly reimburses the County for all benefitexpenses incurred during the Presidential Leave ofAbsence.

5. The employee shall continue to conform to thedepartment rules and regulations that are notinconsistent with Presidential Leave.

6. There is not a compelling need for the employee toperform County work.

7. The employee is a standard or better performer.

8. When the duration or frequency of PresidentialLeave is such that the employee's absence imposes ahardship on Departmental operations, the County mayreassign or transfer the individual to a lesscritical position in his or her class.

B. Vacation and sick leave accrual rates will apply to theemployee as though he or she were on duty status.

C. The merit increase eligibility date, if applicable,shall be extended a number of calendar days equal tothe Presidential Leave. This extended merit increaseeligibility date will be effective the first day of thepay period after said date.

D. The probation period, if applicable, shall be extendedby the length of the Presidential Leave. The extendedprobation period shall end on the first day of the payperiod following said extended date.

E. The employee's eligibility for promotional examinationsshall not be affected by Presidential Leave.

F. Layoff points shall not be affected by PresidentialLeave.

G. In the event emergency recall of the employee becomesnecessary, Presidential Leave may be suspended orcancelled during the course of the emergency. OCEAshall not be obligated for reimbursement costs listedin A.3. and A.4. for the period that Presidential Leaveis suspended or cancelled. Provisions of A.1. through

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A.8., above, shall be suspended during said emergencyrecall.

H. Not more than one (1) employee shall be eligible forPresidential Leave at any one (1) time.

Section 13. Catastrophic Leave

The County will administer a Catastrophic Leave proceduredesigned to permit limited individual donations of vacation,compensatory time or PIP leave time to an employee who isrequired to be on an extended unpaid leave due to acatastrophic medical condition or other seriouscircumstances.

Section 14. Family Leave

A. General Provisions

1. Family Leave shall be granted to the extentrequired by law, including the followingsituations:

a. An employee's serious health condition.

b. The birth of a child or placement of a childfor adoption or foster care.

c. An employee's presence is needed to attend toa serious health condition of the employee'schild, spouse, parent or a child of anemployee standing in loco parentis (those withday-to-day responsibilities to care for andfinancially support a child).

2. Employees must request and identify their need forFamily Leave. The County and OCEA agree thatcertain other types of leaves available toemployees under this Agreement may meet therequirements of Family Leave pursuant to applicablelaw. The County may apply any time during which anemployee is on such leave against the amount ofFamily Leave to which the employee is entitled.

3. Eligibility for Family Leave will be determinedaccording to the requirements of applicable law.

4. When a request for Family Leave is approved, thedepartment shall determine whether sick leave,compensatory, and/or vacation time is to beapplied. Such determination shall be consistentwith other leave provisions of this Agreement andshall give consideration to the circumstances andthe wishes of the employee. The use of sick leaveshall be restricted to those circumstances whichqualify under the provisions of Article IV.,Section 1.B.

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B. Notification Requirements

1. If the Family Leave is foreseeable, the employeemust provide the department with thirty (30)calendar days notice of his or her intent to takeFamily Leave.

2. If the event necessitating the Family Leave becomesknown to the employee less than thirty (30)calendar days prior to the employee's need forFamily Leave, the employee must provide as muchnotice as possible. In no case shall the employeeprovide notice later than five (5) calendar daysafter he or she learns of the need for FamilyLeave.

3. When the Family Leave is for the purpose of thescheduled medical treatment or planned medical careof a child, parent or spouse, the employee shall,to the extent practicable, schedule treatmentand/or care in a way that minimizes disruption toagency/department operations.

C. Verification

As a condition to the approval of Family Leave, anemployee may be required to furnish certification fromthe health care provider which states: (1) the date onwhich the condition commenced; (2) the probableduration of the condition; (3) an estimate of time thatthe employee needs to be off; (4) that the employeecannot perform his/her duties because of the employee'sown serious health condition or that care is neededwhen the leave is for an eligible family memberpursuant to applicable law.

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ARTICLE V

VACATION

Section 1. Accumulation of Vacation

A. A new employee in a full-time regular or limited-termposition shall earn eighty (80) hours of vacation whenthe employee has accumulated two thousand eighty (2080)regularly scheduled paid hours. An employee shall earna second eighty (80) hours of vacation when theemployee has accumulated four thousand one hundredsixty (4160) regularly scheduled paid hours and a thirdeighty (80) hours vacation when the employee hasaccumulated six thousand two hundred forty (6240)regularly scheduled paid hours.

B. After an employee in a regular or limited-term positionhas been paid for six thousand two hundred forty (6240)regularly scheduled hours, the employee shall earn.0577 hours of vacation for each hour of pay during hisor her regularly scheduled workweek (approximately onehundred twenty [120] hours per year), but not to exceedcredit for more than eighty (80) regularly scheduledhours in any pay period. Such credit shall be appliedto the employee's vacation accumulation account onlyupon completion of each pay period. No credit shall beapplied during the progress of any pay period or forany portion of a pay period during which the employeeterminates County service.

C. Commencing with the pay period following that in whichthe employee completed ten (10) years of continuousfull-time County service, an employee in a regular orlimited-term position shall earn .077 hours of vacationfor each hour of pay during his or her regularlyscheduled workweek (approximately one hundred sixty[160] hours per year), under the same terms andconditions as under B., above.

D. A new employee in a part-time regular or limited-termposition shall earn pro rata vacation in fifty-two (52)week segments. At the conclusion of fifty-two (52)weeks of employment, the ratio of regularly scheduledhours paid to two thousand eighty (2080) shall bedetermined. The same ratio shall be applied to eighty(80) hours to establish the amount of vacation to becredited to the employee's account as of the conclusionof the pay period in which the fifty-two (52) weekperiod ended. The same procedure shall be applied toeach subsequent fifty-two (52) week period.

E. The maximum allowable vacation credit at any one (1)time for a full-time employee with less than ten (10)years of full-time continuous service shall be twohundred forty (240) hours or a prorated amount equal tosix (6) weeks of vacation for part-time employees. The

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maximum allowable vacation credit at any one (1) timefor a full-time employee with ten (10) or more years offull-time continuous service shall be three hundredtwenty (320) hours and a prorated amount equal to eight(8) weeks of vacation for part-time employees.

Section 2. General Provisions

A. Not more than eighty (80) hours of paid time may becredited toward accumulation of vacation credit in anypay period.

B. An Official Leave of Absence shall cause theaforementioned ten (10) years (Article V, Section 1.C.)of full-time County service to be postponed a number ofcalendar days equal to the Official Leave.

C. When an employee's County service consists of part-timeregular service or a combination of full-time regularand part-time regular service, both periods of serviceshall apply towards the required ten (10) years(Article V, Section 1.C.) of County service, with thepart-time service being applied proportionately to theappropriate full-time interval.

D. Additional vacation earned during the period ofvacation may be taken consecutively.

E. In any use of vacation, an employee's account shall becharged to the nearest quarter hour.

F. Vacation shall be scheduled for employees by theDepartment; however, consideration shall be given toeffectuating the wishes of those employees requestingspecific vacation periods.

G. No scheduled vacation will be cancelled, except incases of emergency.

H. Illness while on paid vacation will be charged to SickLeave rather than vacation only under the conditionsspecified in Article IV, Section 1.B.5.

I. No employee shall be permitted to work for compensationfor the County in any capacity during the time of hisor her paid vacation from the County service except asa Fire Suppression Volunteer, Deputy Sheriff -Emergency Service, Election Board Officer or ElectionNight Help.

J. An employee separating from County service for reasonsother than paid County retirement shall be paid for allaccrued vacation in a lump sum payment. An employeewho is separating from County service by way of paidCounty retirement may elect either to take time off forhis or her vacation or to be paid for his or hervacation in a lump sum payment.

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K. During each fiscal year, an employee may request to bepaid for accrued vacation in either two (2) separateincrements of up to twenty (20) hours each or one (1)increment of up to forty (40) hours. Such paymentshall be made upon request unless the Departmentdetermines it is not economically or operationallyfeasible. In such case, payment shall be made as soonas feasible. It is the intent of this provision thatthe current practice regarding payment for vacationremain unchanged.

L. When a person is reemployed in a regular or limited-term position, the Personnel Director may, upon therequest of the Department, apply the period of previousCounty continuous service for the purpose ofdetermining vacation earning rates.

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ARTICLE VI

HOLIDAYS

Section 1. Holidays Observed

A. Except as modified below, County employees shallobserve the following holidays:

2001: Independence Day, July 4Labor Day, September 3Columbus Day, October 8Veteran's Day, November 12Thanksgiving Day, November 22Day after Thanksgiving, November 23Christmas Day, December 25

2002: New Year's Day, January 1Martin Luther King Jr.’s Birthday, January 21Lincoln's Birthday, February 12Washington's Birthday, February 18Memorial Day, May 27Independence Day, July 4Labor Day, September 2Columbus Day, October 14Veteran's Day, November 11Thanksgiving Day, November 28Day after Thanksgiving, November 29Christmas Day, December 25

2003: New Year's Day, January 1Martin Luther King Jr.'s Birthday, January 20Lincoln's Birthday, February 12Washington's Birthday, February 17Memorial Day, May 26Independence Day, July 4Labor Day, September 1Columbus Day, October 13Veteran's Day, November 11Thanksgiving Day, November 27Day after Thanksgiving, November 28Christmas Day, December 25

2004: New Year's Day, January 1Martin Luther King Jr.'s Birthday, January 19Lincoln's Birthday, February 12Washington's Birthday, February 16Memorial Day, May 31

B. If a holiday falls on a Saturday but is observed on thepreceding Friday by the Municipal and/or SuperiorCourts, employees who have been designated by theCounty as being necessary to the operation of saidCourts may be allowed to observe the Court observedFriday holiday in lieu of the Saturday holiday providedsuch employees are given notice of their work schedule

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change not less than thirty (30) calendar days prior tothe holiday.

C. When a holiday other than Christmas Day falls on aSunday, the next day shall be observed as the holiday.

D. When New Year's Day falls on a Saturday, the Fridayimmediately preceding shall be observed as the holiday.

E. When Christmas Day falls on a Sunday, the next day(Monday) shall be observed as the holiday unless anemployee is required to work on December 25 as part ofhis or her normal work schedule. In such cases theemployee may, with Department approval, observe theholiday on December 25. Under no circumstances shallan employee receive holiday compensation for bothDecember 25 and the following Monday.

F. When Christmas Day falls on a Saturday, the Fridayimmediately preceding shall be observed as the holidayunless an employee is required to work on December 25as part of his or her normal work schedule. In suchcases the employee may, with Department approval,observe the holiday on December 25. Under nocircumstances shall an employee receive holidaycompensation for both December 25 and the Fridayimmediately preceding.

Section 2. Eligibility for Holiday Pay

A. An employee must be paid for all or a portion of boththe regularly scheduled working assignment immediatelyprior to a holiday and the regularly scheduled workingassignment immediately after that holiday in order toreceive holiday pay. With County approval,compensatory time earned for working on a holiday orfor a holiday falling on a regularly scheduled day offmay be taken on the first scheduled working day afterthe holiday.

B. A new employee whose first working day is the day aftera holiday shall not be paid for that holiday.

C. An employee who elects paid County retirement on aholiday shall be paid for the holiday.

D. An employee who is terminating employment for reasonsother than paid County retirement and whose last day asa paid employee is the day before a holiday shall notbe paid for that holiday.

E. Only regular, limited-term and probationary employeesshall be eligible for holiday pay.

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Section 3. Holiday Pay

A. On each of the holidays designated above, each full-time employee scheduled to work but permitted to takethe day off shall receive pay computed at theemployee’s basic hourly rate for the number of hoursthe employee was regularly scheduled to work.

B. On each of the holidays designated above, each part-time employee scheduled to work but permitted to takethe day off shall receive pay computed at theemployee’s basic hourly rate for the number of hoursthe employee was regularly scheduled to work.

C. Compensation for Holidays Falling on Scheduled Days Off

1. When a holiday falls on a full-time employee'sregularly scheduled day off, the employee shallreceive eight (8) hours of compensatory time.

2. A part-time employee shall receive compensatorytime at the rate of one (1) hour for each five (5)hours of regularly scheduled work in the workweekto a maximum of eight (8) hours of compensatorytime.

D. Compensation for Work on Holidays

1. An employee who is required to work on ColumbusDay, Veteran's Day, Day after Thanksgiving, MartinLuther King, Jr.'s Birthday, Lincoln's Birthday orWashington's Birthday and who meets the eligibilityrequirements contained herein shall receive his orher regular pay for each hour worked. Workperformed on a holiday which is overtime as definedin Article I, Section 1., shall be compensated asprovided in Article I, Section 2.

2. An employee who is required to work on ChristmasDay, New Year's Day, Memorial Day, IndependenceDay, Labor Day or Thanksgiving Day shall receivepay computed at one and one-half (1 1/2) times theemployee's basic hourly rate for the number ofhours actually worked.

3. An employee who is required to work on a holidayand who meets the eligibility requirementscontained herein shall receive, in addition to payas provided in C.1. or 2. of this Section,compensatory time for each hour worked to a maximumof eight (8) hours.

E. Holidays which fall during an employee's vacationperiod shall not be charged against the employee'svacation balance.

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F. Full-time employees who are on a pay status during thepay period which includes March 1 each fiscal yearduring the term of this Agreement shall be creditedwith two (2) hours of compensatory time at the end ofthe pay period which includes that date. Part-timeemployees whose regularly assigned work schedule is atleast twenty (20) hours per week shall, in like manner,earn and be credited with one (1) hour of compensatorytime.

G. Compensatory time earned under the provisions of thisSection may be granted as compensatory time off or paid forat the discretion of the County, as provided in Article I,Section 2.C.2. of this Agreement.

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ARTICLE VII

REIMBURSEMENT PROGRAMS

Section 1. Mileage Reimbursement

A. Subject to the current Vehicle Rules and Regulationsestablished by the Board, an employee who is authorizedto use a private automobile in the performance ofduties shall be reimbursed for each mile driven in theperformance of his or her duties during each monthlyperiod as follows:

1. Through December 31, 1994 the reimbursement rateshall be thirty-nine (39) cents per mile.

2. Except as provided in A.4., below, effectiveJanuary 1, 1995 through June 22, 1995, thereimbursement rate shall be thirty-four (34) centsper mile.

3. Except as provided in A.4., below, effectiveJune 23, 1995, the reimbursement rate shall be theInternal Revenue Service Standard Mileage Rate forthe Business Use of a Car.

4. Effective January 1, 1995, for an employee whodrives two hundred-fifty (250) or more miles in anycalendar month in the performance of his or herduties the reimbursement rate shall be thirty-nine(39) cents per mile for each mile driven that monthin the performance of his or her duties.

5. There shall not be any duplication or pyramiding ofreimbursement rates paid under this Section.

B. An employee who is required by the County to furnish aprivately owned vehicle for the performance of his orher duties shall receive a minimum of ten (10) dollarsin any month in which the actual mileage reimbursementwould otherwise be less than ten (10) dollars. Theminimum shall not apply in any month:

1. In which the employee has not actually workedeighty (80) hours;

2. Unless the employee claims the ten (10) dollarminimum and the Department certifies that theemployee was required to use a privately ownedvehicle on County business.

Section 2. Personal Property Reimbursement

Employees shall, in proper cases, be reimbursed for therepair or replacement of personal property damaged in the

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line of duty without fault of the employee. The amount ofreimbursement for articles of clothing shall be thedepreciated value based on the age and condition of thearticle. Reimbursement for a watch shall be limited to thefunctional value of the watch.

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ARTICLE VIII

DISCIPLINARY ACTION

Section 1. Reprimand and Substandard PerformanceEvaluation

A. No regular, limited-term or probationary employee shallreceive a written reprimand or a substandardperformance evaluation except for reasonable cause.

B. A written reprimand or substandard performanceevaluation (i.e., a score of less than three hundred[300] points) given to a regular, limited-term orprobationary employee may be appealed through thegrievance/appeal procedure. Such appeal shall beinitiated at Step 1 of the grievance/appeal procedure.

Section 2. Emergency Suspensions of Five Days or Less

A. In suspending a regular, limited-term or probationaryemployee for five (5) days or less when it is necessaryto remove the employee from the work site immediatelybecause of a potential emergency situation, including,but not limited to, situations that may endanger lifeor property the employee shall:

1. Whenever practicable, be given an opportunity torespond to the proposed suspension to a designatedDepartment representative with the authority tomake an effective recommendation on the proposedsuspension prior to the suspension becomingeffective;

2. Be informed of the employee's right torepresentation in the response;

3. Be informed of the employee's right to appealshould the proposed suspension become final.

B. In such emergency suspensions, the proceduralrequirements of Section 3., below, shall be compliedwith within ten (10) days following the effective dateof the disciplinary action.

Section 3. Pre-Disciplinary Hearing for Suspension,Reduction or Discharge

A. In suspending an employee in a non-emergency situationor in reducing a regular, limited-term or probationaryemployee for reasons of unsatisfactory performance orphysical disability or in discharging a regular orlimited-term regular employee, a written notice of suchproposed disciplinary action shall be served on theemployee personally, or by certified mail, at leastten (10) calendar days prior to the effective date of

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the proposed action. Such written notice shallcontain:

1. A description of the proposed action and itseffective date(s);

2. A statement of the reasons for such proposedaction, including the acts or omissions on whichthe proposed action is based;

3. Copies of material on which the proposed action isbased;

4. A statement of the employee's right to respond,either orally or in writing, prior to the effectivedate of such proposed action;

5. A statement of the employee's right torepresentation;

6. A statement of the employee's right to appealshould such proposed action become final.

B. Prior to the effective date of such suspension,reduction or discharge, an employee will be given anopportunity to respond either orally or in writing, atthe employee's option, to a designated Departmentrepresentative with the authority to make an effectiverecommendation on the proposed disciplinary action.

C. An employee shall be given reasonable time off withoutloss of pay to attend a hearing pursuant to thisArticle.

D. An employee may represent himself or herself or may berepresented by OCEA in a hearing pursuant to thisArticle.

E. An employee shall receive written notice eithersustaining, modifying or canceling a proposed dischargeon or prior to the effective date of such action.

F. An employee shall receive written notice eithersustaining, modifying or canceling a proposedsuspension or reduction prior to the effective date ofsuch action except that such written notice may begiven after the imposition of suspensions pursuant toSection 2., above.

G. Should a proposed reduction or suspension become final,an employee shall have the right to appeal such actionpursuant to Sections 4. and 5. of this Article.

H. Should a proposed discharge become final, an employeeshall have the right to appeal such action pursuant toSection 6. of this Article.

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Section 4. Suspension

A. No regular, limited-term or probationary employee shallbe suspended except for reasonable cause.

B. A written notice of such suspension statingspecifically the cause of the suspension shall be givento the employee.

C. In accordance with the provisions of Article IX, anappeal of suspension shall be initiated at Step 3 ofthe grievance/appeal procedure, except for suspensionsimposed by the Chief Executive Officer, which may bereferred directly to arbitration.

Section 5. Reduction

A. No regular employee or limited-term regular employeeshall be reduced to a position in a lower class forreasons of unsatisfactory performance or physicaldisability except for reasonable cause.

B. A written notice of such reduction stating specificallythe cause of the reduction shall be given to theemployee.

C. In accordance with the provisions of Article IX, anappeal of reduction for reasons of unsatisfactoryperformance or physical disability shall be initiatedat the Step 3 of the grievance/appeal procedure; exceptfor reductions imposed by the Chief Executive Officerwhich may be referred directly to arbitration.

Section 6. Discharge and Right of Appeal

A. No regular or limited-term regular employee shall bedischarged except for reasonable cause. No proposeddischarge shall be effected unless approved by thePersonnel Director except for discharges imposed by theChief Executive Officer.

B. A written notice of such discharge stating specificallythe cause of the discharge shall be given to theemployee.

C. In accordance with the provisions of Article IX, adischarge may be appealed directly to arbitration.

Section 7. Polygraph Examination

No employee shall be compelled to submit to a polygraphexamination. No disciplinary action whatsoever shall betaken against an employee refusing to submit to a polygraphexamination; nor shall any comment be anywhere recordedindicating that an employee offered to take, took or refusedto take a polygraph examination unless otherwise agreed toin writing by the parties; nor shall any testimony or

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evidence of any kind regarding an employee's offer to take,refusal to take, or the results of a polygraph examinationbe admissible in any proceeding pursuant to this Agreement,unless otherwise agreed to in writing by the parties.

Section 8. Investigatory Meetings

A. An employee required to attend an investigatory meetingshall receive advance notice of such meeting. Suchnotice shall include:

1. A statement of the reasons for such meeting,including the subject matter and the fact that themeeting could lead to discipline, and

2. A statement of the employee's right torepresentation.

B. All investigatory meetings shall be scheduled to allowan employee a reasonable opportunity to obtainrepresentation. Whenever practicable, such noticeshall be given at least three (3) working days prior tothe meeting.

C. An employee may represent himself or herself or may berepresented by OCEA in an investigatory meeting.

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ARTICLE IX

GRIEVANCE PROCEDURE AND DISCIPLINARY APPEALS

Section 1. Scope of Grievances

A. A grievance may be filed if a management interpretationor application of the provisions of this Memorandum ofUnderstanding adversely affects an employee's wages,hours or conditions of employment.

B. Specifically excluded from the scope of grievances are:

1. Subjects involving the amendment or change of Boardof Supervisors resolutions, ordinances or minuteorders, which do not incorporate the provisions ofthis Memorandum of Understanding;

2. Matters which have other means of appeal;

3. Position classification;

4. Standard or better performance evaluations.

Section 2. Basic Rules

A. If an employee does not present a grievance/appeal ordoes not appeal the decision rendered regarding his orher grievance/appeal within the time limits, thegrievance/appeal shall be considered resolved.

B. If a County representative does not render a decisionto the employee within the time limits, the employeemay within seven (7) calendar days thereafter appeal tothe next step in the procedure.

C. If it is the judgment of any management representativethat he or she does not have the authority to resolvethe grievance/appeal, he or she may refer it to thenext step in the procedure. By mutual agreement of theCounty and OCEA, any step of the procedure may bewaived.

D. The Personnel Director may temporarily suspendgrievance/appeal processing on a section-wide, unit-wide, division-wide, agency/department-wide or County-wide basis in an emergency situation. OCEA may appealthis decision to the Board of Supervisors.

E. Upon written consent of the parties (i.e., therepresentatives of the County and the employee or hisor her representative), the time limits at any step inthe procedure may be extended.

F. Every reasonable effort shall be made by the employeeand the County to resolve a grievance/appeal at thelowest possible step in the grievance/appeal procedure.

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G. No claim shall be granted for retroactive adjustment ofany grievance prior to sixty (60) calendar days fromthe date of filing the written grievance.

H. In order to encourage frank discussion and compromisein attempting to resolve grievances and other labordisputes, the County and OCEA agree that the files ofthe respective parties concerning such matters shall beconfidential, except that this shall not restrict anyaccess that either party might otherwise have to theother's files.

Section 3. Submission of Grievances

A. Any employee or group of employees shall have the rightto present a grievance. No employee or group ofemployees shall be hindered from or disciplined forexercising this right.

B. If any two (2) or more employees have essentially thesame grievance they may, and if requested by the Countymust, collectively present and pursue their grievanceif they report to the same immediate supervisor.

C. If the grievant is a group of more than three (3)employees, the group shall, at the request of theCounty, appoint one (1) or two (2) employees to speakfor the collective group. To be considered a grievantin a group grievance, each employee must beindividually identified as a grievant when thegrievance is submitted at Step 3.

Section 4. Employee Representation

A. An employee may represent himself or herself or may berepresented by OCEA in the formal grievance/appealprocedure.

B. Authorized grievance/appeal representatives shall beregular employees in the same Department orRepresentation Unit as the grievant/appellant who aremembers of and are designated by OCEA to representemployees for purposes of the grievance/appealprocedure. OCEA shall notify Department Head of thenames and titles of such representatives and send acopy of such notice to the Personnel Departmentquarterly.

C. Representation at Step 1 of the grievance procedureshall be limited to one (1) authorized employeegrievance/appeal representative employed in theDepartment or Representation Unit in which thegrievance is filed. OCEA staff representatives mayrepresent the employee at Steps 2 and 3 of thegrievance/appeal procedure and in arbitration.

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D. If an employee chooses not to be represented by OCEA,OCEA may have staff representatives present at Step 3of the grievance/appeal procedure and/or arbitrationand, if necessary, shall have the right to presentOCEA's interpretation of provisions of this Agreementat issue. Such presentation shall not include commentsregarding the merits of the grievance. The decision ofthe arbitrator in such a case shall not be precedentsetting and shall not be admissible in any subsequentdispute between the County and OCEA.

Section 5. Time Off for Processing Grievances/Appeals

A. Reasonable time off without loss of pay shall be givento:

1. An employee who has a grievance/appeal in order toattend a meeting with his or her supervisor orother person with authority under the grievance/appeal procedure to resolve the matter or to meetwith his or her grievance/appeal representative;

2. An authorized grievance/appeal representative inorder to attend a meeting with the representedgrievant's/appellant's supervisor or other personwith authority under the grievance/appeal procedureto resolve the grievance/appeal or to obtain factsconcerning the action grieved/appealed throughdiscussion with the grievant/appellant or otheremployees or through examination of appropriateCounty records or locations relating to thegrievance/appeal.

B. The following restrictions shall apply in all cases toactivity authorized in Section 5.A., above:

1. Before performing grievance/appeal work, thegrievant/appellant or grievance/appealrepresentative shall obtain permission of his orher supervisor and shall report back to thesupervisor when the grievance/appeal work iscompleted.

2. Neither the grievant/appellant nor the grievance/appeal representative shall interrupt or leave hisor her job to perform grievance/appeal work if hisor her supervisor determines that such interruptionor absence will unduly interfere with the work ofthe unit in which the grievant/appellant orrepresentative is employed. However, an effortwill be made to grant such time off as soon as itis feasible to do so.

3. When an authorized grievance/appeal representativemust go into another section or unit to investigatea grievance/appeal, the representative shall bepermitted to do so provided that:

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a. the representative checks in and checks outwith the supervisor of the unit; and

b. such investigation does not unduly interferewith the work of the unit.

Section 6. Informal Discussion

If an employee has a problem relating to a work situation,the employee is encouraged to request a meeting with his orher immediate supervisor to discuss the problem in an effortto clarify the issue and to work cooperatively towardssettlement.

Section 7. Grievance/Appeal Steps

The grievance/appeal procedure shall consist of thefollowing steps, each of which must be completed prior toany request for further consideration of the matter unlesswaived by mutual consent or as otherwise provided herein.

Step 1: Immediate Supervisor

An employee may formally submit a grievance to theimmediate supervisor within fourteen (14) calendardays from the occurrence which gives rise to theproblem. Such submission shall be in writing andshall state the nature of the grievance and thesuggested solution. Within seven (7) calendar daysafter receipt of the written grievance, theimmediate supervisor and/or such other representa-tive(s) as may be designated by the Departmentshall meet with the grievant. Within seven (7)calendar days thereafter, a written decision shallbe given to the grievant. The County shall,whenever practicable, notify the grievant if morethan one (1) management representative shall attendthe Step 1 grievance meeting.

Step 2: Department Head

If the grievance is not settled under Step 1, itmay be presented to the Department Head. Thegrievance shall be submitted within seven (7)calendar days after the receipt of the writtendecision from Step 1. Within seven (7) calendardays after the receipt of the written grievance,the Department Head or his or her representative(s)shall meet with the grievant. Within seven (7)calendar days thereafter, a written decision shallbe given to the grievant.

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Step 3: Personnel Director

If the grievance/appeal is not settled under Step 2and it concerns:

A. an interpretation or an application of thisMemorandum of Understanding;

B. a substandard performance evaluation;

C. deferral or denial of a merit increase, or adispute about the number of steps granted; or

D. a written reprimand; or

E. a probationary release allegingdiscrimination;

it may be appealed in writing to the PersonnelDirector within seven (7) calendar days afterreceipt of the written decision from Step 2.Appeal of a suspension and/or a reduction orderedby the Department Head or his or her designatedrepresentative may be submitted in writing at Step3 within ten (10) calendar days after receipt ofthe notice of suspension and/or reduction. Withinfourteen (14) calendar days after receipt of thewritten grievance/appeal, the Personnel Director orhis or her representative shall meet with thegrievant/appellant. Within fourteen (14) calendardays thereafter, a written decision shall be givento the grievant/appellant. The decision of thePersonnel Director in B., C. and D., above, shallbe final and binding and shall not be referable toarbitration.

Section 8. Referrals to Arbitration

A. Grievances

1. If a grievance is not resolved under Step 3, anarbitration request may be presented in writing tothe Personnel Director within seven (7) calendardays from the date a decision was rendered at Step3. As soon as practicable thereafter, or asotherwise agreed to by the parties, an arbitratorshall hear the grievance.

2. The parties shall either sign a joint issuesubmission statement or else execute and signseparate alternative issue statements afterdiscussing the issue(s). In either case, theparties shall send copies of their joint orseparate submission statement(s) to each otherwithin fourteen (14) calendar days before the firstscheduled date of the arbitration hearing.

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B. Disciplinary Appeals

1. Submission Procedure

a. If an appeal from suspension or reduction isnot settled at Step 3, it may be presented tothe Personnel Director within seven (7)calendar days from the date the decision wasrendered.

b. An appeal from any discharge or from asuspension or reduction imposed by the ChiefExecutive Officer may be presented to thePersonnel Director within ten (10) calendardays from the date the action becomes final.

c. All disciplinary appeals shall be signed by anemployee or by a representative of OCEA andshall be submitted in writing.

d. The issues in all disciplinary appeals shallbe: Was (employee's name) suspended/reduced/discharged for reasonable cause? If not, towhat remedy is the appellant entitled underthe provisions of Article IX, Section 8. ofthe MOU?

e. As soon as practicable after a suspension,reduction or discharge appeal is presented tothe Personnel Director, an arbitrator shallhear the appeal.

2. Findings of Facts and Remedies

An arbitrator may sustain, modify or rescind anappealed disciplinary action as follows and subjectto the following restrictions:

a. All Disciplinary Action

If the arbitrator finds that the disciplinaryaction was taken for reasonable cause, he orshe shall sustain the action.

b. Suspensions/Reductions

If the action is modified or rescinded, theappellant shall be entitled to restoration ofpay and/or fringe benefits in a mannerconsistent with the arbitrator's decision.

c. Discharges

1. If the arbitrator finds that the order ofdischarge should be modified, theappellant shall be restored to a positionin his or her former class subject to

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forfeiture of pay and fringe benefits forall or a portion of the period of time theappellant was removed from duty asdetermined by the arbitrator.

2. If the arbitrator finds that the order ofdischarge should be rescinded, theappellant shall be reinstated in aposition in his or her former class andshall receive pay and fringe benefits forall of the period of time he or she wasremoved from duty.

3. Restoration of pay and benefits shall besubject to reimbursement of allunemployment insurance and additionaloutside earnings which the appellantreceived since the date of discharge.

C. Probationary Releases Alleging Discrimination

1. The issues to be submitted to the arbitrator ingrievances filed pursuant to Article III, Section1.C.3. shall be as follows and shall be submittedconsistent with Section 8.A., above.

a. Was the probationary release of (employee'sname) in whole or in part the result ofdiscrimination in violation of Article XVI,NONDISCRIMINATION, of the Memorandum ofUnderstanding between the County and OCEA?

b. If so, what shall the remedy be under theprovisions of Article IX, Section 8.C.2.,Findings of Facts and Remedies, of theMemorandum of Understanding between the Countyand OCEA?

2. Findings of Facts and Remedies

a. In the event the arbitrator finds no violationof Article XVI, NONDISCRIMINATION, thegrievance shall be denied and the issue ofremedy becomes moot.

b. In the event the arbitrator finds a violationof Article XVI, NONDISCRIMINATION, but alsofinds such violation was not a substantialcause of the employee's probationary release,the grievance shall be denied and the issue ofremedy becomes moot.

c. In the event the arbitrator finds a violationof Article XVI, NONDISCRIMINATION, and alsofinds that the violation was a substantialcause of the probationary release of theemployee, the arbitrator's award shall depend

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upon the significance of the violation andshall be in keeping with the followingalternatives:

1. The probationary release may be sustained.

2. The employee may be reinstated in aposition in his or her former classsubject to forfeiture of pay and fringebenefits for all or a portion of theperiod of time the employee was removedfrom duty. The employee may be requiredto serve the remainder of any outstandingprobation period.

3. The employee may be reinstated in aposition in his or her former class withfull back pay and benefits for all of theperiod of time the employee was removedfrom duty. The employee may be requiredto serve the remainder of any outstandingprobation period.


1. The cost of an arbitrator shall be shared equallyin all cases by the County and the appealing partyexcept when the appealing party solely allegesdiscrimination under Article XVI, in which case theCounty shall bear the full cost. When thegrievance involves both discrimination and otherarbitrable issues, the proper division of costsshall be determined by the arbitrator.

2. Grievance/Appeal hearings by an arbitrator shall beprivate.

3. Arbitration appeal hearings of suspensions of lessthan forty (40) hours shall be limited to two (2)days unless both parties agree that a longerhearing is necessary. Both parties shall beallotted equal time during arbitration hearingsinvolving such suspensions. The two (2) daylimitation for arbitration appeal hearings shallnot apply to suspensions imposed by the ChiefExecutive Officer.

4. The arbitrator shall be selected by the mutualagreement of the parties. If the parties cannotagree upon an arbitrator, a list of seven (7)arbitrators shall be obtained from the CaliforniaState Conciliation Service, the AmericanArbitration Association or some other agreed uponsource and each party shall alternately strike one(1) name from the list until only one (1) nameremains.

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5. Upon written request by the opposing party in apending hearing given at least twenty (20) calendardays prior to the scheduled hearing date, the partyrequested shall supply to the party submitting therequest copies of all documentary evidence to beused by that party at the hearing. Such evidenceshall be provided no later than ten (10) calendardays prior to the scheduled hearing date. Anyevidence not so provided may not be admitted oroffered as evidence at the subsequent hearingexcept that any such documentary evidencediscovered by a party after such a request forcopies but not soon enough to comply with the abovetime limits may be admitted providing it could nothave been discovered sooner by reasonable means andprovided further that a copy or copies of suchevidence be afforded the requesting party as soonas practicable after such discovery. Nothingcontained herein shall operate to prevent eitherparty from presenting additional documents by wayof rebuttal.

6. An employee shall not suffer loss of pay for timespent as a witness at an arbitration hearing heldpursuant to this procedure. The number ofwitnesses requested to attend and their schedulingshall be reasonable.

7. At the hearing, both the appealing employee and theCounty shall have the right to be heard and topresent evidence. The following rules shall apply:

a. Oral evidence shall be taken only on oath oraffirmation.

b. Each party shall have these rights: to calland examine witnesses, to introduce exhibits,to cross-examine opposing witnesses on anymatter relevant to the issues even though thatmatter was not covered in the directexamination, to impeach any witness regardlessof which party first called the witness totestify and to rebut the evidence against thewitness. If the employee does not testify inhis or her own behalf, the employee may becalled and examined as if under cross-examination.

8. The hearing need not be conducted according totechnical rules relating to evidence and witnesses.Any relevant evidence shall be admitted if it isthe sort of evidence on which responsible personsare accustomed to rely in the conduct of seriousaffairs, regardless of the existence of any commonlaw or statutory rule which might have madeimproper the admission of such evidence overobjection in civil actions. Hearsay evidence may

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be used for the purpose of supplementing orexplaining any direct evidence, but shall not besufficient in itself to support a finding unless itwould be admissible over objection in civilactions. The rules of privilege shall be effectiveto the same extent that they are now or hereaftermay be recognized in civil actions and irrelevantand unduly repetitious evidence shall be excluded.

9. The County shall be allowed to have one (1)employee, who may be called upon to testify as awitness, present at the arbitration hearing at alltimes.

10. The parties agree to forego the use of briefs andtranscripts whenever practicable.

11. The decision of the arbitrator shall be final andbinding on all parties.

12. As an alternative to proceeding directly toarbitration after completion of Step 3, the partiesmay mutually agree to submit a grievance/appeal tomediation. A request for mediation may bepresented in writing to the Personnel Directorwithin seven (7) calendar days from the date adecision was rendered at Step 3. A request formediation will automatically suspend the normalprocessing of a grievance until the mediationprocess is completed or the request is denied. TheCounty shall respond to a request for mediationwithin thirty (30) calendar days. The mediationprocess shall be optional, and any opinionexpressed by the mediator shall be informal andshall be considered advisory. Within seven (7)calendar days after completion of the mediationprocess or denial of a request for mediation, anarbitration request may be filed pursuant toSection 8.A. or B., above.

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ARTICLE X

LAYOFF PROCEDURE


A. This procedure shall not apply to a temporary layoff ofless than four (4) consecutive weeks.

B. This procedure shall not apply to employees who havespecial or unique knowledges or skills which are ofspecial value in the operation of the County business.

C. When two (2) or more agencies/departments areconsolidated or when one (1) or more functions ofone (1) agency/department are transferred to anotheragency/department, employees in all involvedagencies/departments shall be subject to layoff if oneis necessary.

D. Section 7., Reemployment Lists, and Section 8., Statuson Reemployment, of this Article, shall not apply ifthe County has a written agreement with an employer,public or private, which guarantees the County employeean offer of reasonably comparable employment with thenew employer who is taking over a function formerlyperformed by County employees and the new employermakes such an offer in writing to the employee.

Section 2. Order of Layoff

A. When a reduction in the work force is necessary,employees in regular positions and those occupyinglimited-term positions at the direction of theirAgency/Department Head shall be laid off in an orderbased on consideration of:

1. Employment status,

2. Past performance,

3. Length of continuous service with the County.

B. Layoffs shall be made by class within the Departmentexcept that:

1. Where a class has a dual or multiple concept, thePersonnel Director may authorize a layoff byspecialty within the class.

2. Where appropriate, the Personnel Director mayauthorize a layoff by division or smaller unit ofthe Department.

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C. Within a class, employees shall be subject to layoff inthe following order:

Employment Status Layoff Order

First - Temporary Promotion Determined byDepartment

Second - New Probationary Determined byDepartment

Third - Regular/Promotional Layoff PointsProbationary

After all new probationary employees and employees ontemporary promotion have been removed from a classwithin a layoff unit, the employee with the lowestnumber of layoff points shall be subject to layofffirst. When two (2) or more employees have the samenumber of layoff points, the Department shall determinethe order of layoff for these employees.

D. If a layoff is going to be made in a class from whichan employee has left through a temporary promotion, theemployee on temporary promotion shall be returned tohis or her former class and shall be subject to layoffin accordance with this procedure.

E. OCEA may designate employees who are regular OCEAofficers or grievance representatives to receivespecial seniority for purposes of layoff. The numberof employees so designated shall not exceed two (2)percent of the employees in the Representation Unit.Employees so designated shall receive two hundred sixty(260) layoff points in addition to layoff pointscomputed pursuant to Section 3., below.

Section 3. Computation of Layoff Points

Seniority Points:

The equivalent of each year of full-time continuous servicewith the County shall earn two hundred sixty (260) senioritypoints.

The equivalent of each regularly scheduled full day ofcontinuous service of a partial year shall earn one (1)seniority point.

Demerit Points:

For each point below three hundred (300) on the last"Performance Evaluation Report," for the class currentlyheld by the employee, the employee shall earn five (5)demerit points. Demerit points shall only be used in thecurrently held class of an employee. Demerit points shall

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not be applied to an employee seeking to enter a lower classthrough voluntary reduction in lieu of layoff.

Layoff Points:

Layoff points shall be computed by subtracting demeritpoints, if any, from seniority points.

Section 4. Notification of Employees

A. Written notice of layoff shall be given to an employeeor sent by mail to the last known mailing address atleast fourteen (14) calendar days prior to theeffective date of the layoff. Notices of layoff shallbe served on employees personally at work wheneverpracticable.

B. It is the intent of the parties that the number oflayoff notices initially issued shall be limited to thenumber of positions by which the work force is intendedto be reduced. Additional notices shall be issued asother employees become subject to layoff as a result ofemployees exercising reduction rights under Section 5.

C. The notice of layoff shall include the reason for thelayoff, the proposed effective date of the layoff, theemployee's hire date, the employee's layoff points, alist of classes in the employee's occupational serieswithin the layoff unit, the employee's rights underSections 5. and 6. and the right of the employee toadvise the County of any objection to the content ofthe layoff notice prior to the proposed effective dateof the layoff.

Section 5. Voluntary Reduction in Lieu of Layoff

A. A promotional probationary or regular employee who issubject to layoff may request a reduction to a lowerclass within the same occupational series in the layoffunit provided the employee possesses the minimumqualifications for the class and passes any requiredperformance tests. The reduction shall be made ifthere is a vacant position in the layoff unit or anincumbent in the lower class in the layoff unit hasfewer layoff points than the employee requesting thereduction. In the latter case, the incumbent in thelower class with the fewest number of layoff pointsshall be subject to layoff.

B. 1. Employees who receive notice of layoff by personalservice at work shall have until the end of theirthird regularly scheduled day of work followingactual receipt of the notice to notify theDepartment in writing of their intent to exerciserights under this Section. Employees whose thirdregularly scheduled day of work is more than three(3) calendar days after receipt of the notice shall

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have three (3) calendar days, excluding weekendsand holidays, to notify the Department of theirintent to exercise rights under this Section; andwhere such notification is not in writing, theemployee shall confirm the notification in writingas soon as practicable.

2. Employees who receive notice other than by personalservice at work shall have five (5) calendar days,excluding weekends and holidays, following the datethe person is personally served or if service ismade by mail, five (5) calendar days, excludingweekends and holidays, following date of proof ofservice by mail to notify the Department of theirintent to exercise rights under this Section.Where such notification is not in writing, theemployee shall confirm the notification in writingas soon as practicable.

3. Failure by an employee to respond to his or herDepartment pursuant to this Section shall result ina rebuttable presumption that the employee does notintend to exercise any right of reduction to alower class and that the employee's hire datestated in the layoff notice was correct.

4. No employee action or inaction referred to in thisSection shall be considered a waiver of anemployee's right to file grievances concerning anymatter within the scope of the grievance procedure.

Section 6. Voluntary Reduction from Classes Designatedas Vulnerable to Layoff

An employee in a class designated by the County asvulnerable to layoff may request a voluntary reduction toany class provided the employee possesses the minimumqualifications and has passed any required performance testsfor the class to which reduction is requested. Suchemployees shall be eligible for consideration for availablepositions in the class to which reduction is requested. Ifappointed, such an employee shall be placed on DEPARTMENTALREINSTATEMENT LISTS pursuant to Section 7.A.3., below.

Section 7. Reemployment Lists

A. The following persons shall be placed on DEPARTMENTALREINSTATEMENT LISTS as provided in l., 2. and 3.,below, in the order of their respective layoff pointswith the person having the largest number of layoffpoints listed first:

1. Persons Laid Off

The names of persons laid off shall be placed on anDEPARTMENTAL REINSTATEMENT LIST for each class in

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the occupational series at or below the level ofthe class from which laid off.

2. Persons Who Exercise Their Rights Under Section 5

The names of persons who exercise their rightsunder Section 5. shall be placed on a DEPARTMENTALREINSTATEMENT LIST for each class in theoccupational series at or below the level of theclass from which reduced, excluding any classes ator below the level of the class currently held.

3. Persons Who Voluntarily Reduced Under theProvisions of Section 6

The names of persons who were voluntarily reducedunder the provisions of Section 6. shall be placedon a DEPARTMENTAL REINSTATEMENT LIST for the classfrom which reduced and for each class in theoccupational series below the level of the classfrom which they voluntarily reduced, provided theyrequest to be placed on such lists.

Positions to be filled shall be offered first topersons on the DEPARTMENTAL REINSTATEMENT LIST for thatclass, starting at the top of the list. Ifreinstatement is offered to a class other than thatfrom which the person was laid off or reduced, suchperson must first meet the minimum qualifications andpass any required performance tests for that class.

B. The names of persons laid off shall be placed on theCOUNTY PREFERRED ELIGIBLE LIST for the class from whichthey were laid off and for any class from which theypreviously voluntarily reduced pursuant to Section 5.,in the order of their layoff scores, going from highestto lowest. When one (1) vacant position in anagency/department, other than the agency/departmentfrom which the employee was laid off, is to be filledin that class, ten (10) names shall be certified fromthe COUNTY PREFERRED ELIGIBLE LIST, starting at thetop. When more than one (1) vacant position in anagency/department, other than the agency/departmentfrom which the employee was laid off, is to be filledin that class, the number of names certified, startingat the top of the COUNTY PREFERRED ELIGIBLE LIST, shallbe equal to twice the number of vacancies plus seven(7). If there is a tie among layoff points at the lastname to be certified, all tied eligibles shall becertified. Eligibles certified from COUNTY PREFERREDELIGIBLE LISTS shall be considered prior to eligiblescertified from lower ranking eligible lists.Appointments shall be made only from eligiblescertified pursuant to Section 7.B. Appointments neednot be made in the order of layoff points; any eligiblecertified in accordance with this provision may beappointed to a vacant position.

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C. Names of persons placed on the DEPARTMENTALREINSTATEMENT LIST and the COUNTY PREFERRED ELIGIBLELIST shall remain on the lists for two (2) years,except that:

1. A person who on two (2) separate occasions rejectsor fails to respond within five (5) calendar daysto offers of employment in a particular class shallbe removed from the lists for that class.

2. A person who on three (3) separate occasionsdeclines referral for interviews in a particularclass shall be removed from the lists for thatclass.

3. An employee who, upon retirement, signs a statementelecting not to be eligible for reemployment underthis provision shall have his or her name excludedfrom the aforementioned lists.

D. In the event two (2) or more agencies/departments areconsolidated while AGENCY/DEPARTMENTAL REINSTATEMENTLISTS are in effect, such lists shall be combined andtreated as one (1) list in accordance with thepreceding provisions of this Section. When a transferof one (1) or more functions of one (1)agency/department to another agency/department occurs,employees previously laid off from such function(s) whoare on an AGENCY/DEPARTMENTAL REINSTATEMENT LIST forthe agency/department losing such function(s), shall beremoved from such list and shall be placed on areinstatement list for the agency/department acquiringsuch function(s) and treated in accordance with thepreceding provisions of this Section.

E. Reemployment lists shall be available to OCEA andaffected employees upon reasonable request.

Section 8. Status on Reemployment

A. An employee who has been laid off under the provisionsof this Article and is subsequently reemployed in aregular or limited-term position within a two (2) yearperiod from the date of his or her layoff shall receivethe following considerations and benefits:

1. All sick leave credited to the employee's accountwhen laid off shall be restored.

2. All seniority points held upon layoff shall berestored.

3. All prior service shall be credited for the purposeof determining sick leave and vacation, earningrates and service awards.

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4. The employee shall be placed in the salary range asif the employee had been on a Leave of AbsenceWithout Pay.

5. The probationary status of the employee shall be asif the employee had been on a Leave of AbsenceWithout Pay except that a probation period shall beestablished as determined by Article III, Sections1.B.1. and 1.B.2. if reemployment is in a higherclass or an occupational series different from thatemployed in at the time of layoff.

B. An employee who has voluntarily reduced under theprovisions of this Article and is subsequentlyreemployed, within a two (2) year period from the dateof reduction, in a regular or limited-term position inthe class from which the employee reduced shall receivethe following considerations:

1. The employee shall be placed in the salary rangeeither as if the employee had been on a Leave ofAbsence Without Pay, or at the step on the salaryrange closest to, but which does not exceed, theemployee's salary in the lower class, whichever ishigher.

2. The merit increase eligibility date shall bereestablished as determined by the PersonnelDirector.

3. The probationary status of the employee shall be asif the employee had been on a Leave of Absence.

C. An employee who is voluntarily reduced under theprovisions of this Article and is subsequentlyreemployed, within a two (2) year period from the dateof reduction, in a class higher than the one from whichthe employee was reduced shall receive the followingconsiderations:

1. The employee shall be deemed returned to the classfrom which the employee had been reduced asprovided in B., above.

2. The employee's salary, probation period and meritincrease eligibility date shall be determined bytreating the employee as though he or she is beingpromoted from such class.

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ARTICLE XI

ON-THE-JOB INJURY, WORKERS' COMPENSATION SUPPLEMENT PAY

Section 1. Treatment of Industrial Injuries

Whenever an employee sustains an injury or disabilityarising out of and in the course of County employment andrequires medical care, the employee shall obtain treatmentaccording to the provisions of the California Labor CodeSection 4600 et seq., or Labor Code 4850 et. seq. for theclassification of Sheriffs Special Officer.

Section 2. Exhaustion of 4850 Benefits

When an employee has exhausted all benefits provided byCalifornia Labor Code Section 4850, and such employeecontinues to be unable to return to work due to an injury ordisease arising out of and in the course of Countyemployment, the provisions of Section 3. (below), Worker’sCompensation Supplement Pay, shall apply.

Section 3. Workers' Compensation Supplement Pay

A. Whenever an employee is compelled to be absent fromduty by reason of injury or disease arising out of andin the course of County employment, the employee shallreceive workers' compensation supplement pay which,when added to the workers' compensation temporarydisability benefit, shall equal eighty (80) percent ofthe employee's base salary for a period not to exceedone (1) year including holidays.

B. Workers' compensation supplement pay shall begin thesame day as the workers' compensation temporarydisability benefits. Prior to qualifying for workers'compensation temporary disability benefits, an injuredemployee may, at his or her option, use any accruedsick leave, compensatory time and/or vacation, in thatorder.

C. While an employee receives workers' compensationsupplement pay, no deductions nor payments shall bemade from any sick leave, compensatory time or vacationtime previously accumulated by the employee. Theemployee shall not accrue sick leave or vacation creditduring the period in which the employee receivesworkers' compensation temporary disability benefits.

D. When an injury is determined to be job-related by theCounty or by the Workers' Compensation Appeals Board,eighty (80) percent of all sick leave, compensatorytime and/or vacation expended since the fourth day ofdisability shall be restored to the employee'saccount(s), except that if the injury required theemployee's hospitalization or caused disability of morethan fourteen (14) days, eighty (80) percent of all

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sick leave, compensatory time and/or vacation expendedsince the first day of disability shall be restored tothe employee's account(s).

E. The merit increase eligibility date and probationperiod of any employee who receives workers'compensation benefits shall be extended by the lengthof time the employee receives such benefits, exceptthat the first fifteen (15) consecutive calendar daysfrom the date of the injury shall be considered Countyservice for merit increase eligibility and completionof the probation period.

F. When an employee is no longer entitled to receiveworkers' compensation supplement pay or 4850 Leave, theemployee may, at his or her option, use sick leave,compensatory time, and vacation, in that order, if theemployee is compelled to be absent from duty as setforth in Paragraph A., above.

G. Time during which an employee receives workers'compensation temporary disability benefits shall becounted toward the computation of County seniority anddetermination of sick leave and vacation earning rates.

H. Nothing in this provision shall be construed as waivingany right to greater benefits which may be availablepursuant to Labor Code Section 4850.

Section 4. Exposure to Contagious Diseases

Whenever an employee is compelled by direction of a County-designated physician to be absent from duty due to an on-the-job exposure to a contagious disease, the employee shallreceive full compensation for a period not to exceed eighty(80) working hours for a full-time employee or fourteen (14)calendar days for a part-time employee. If the absenceextends beyond the applicable period, sick leave,compensatory time and vacation may be used, at theemployee's option, in that order.

Section 5. Injury to Paid Call Firefighter or DeputySheriff - Emergency Service

Whenever a Paid Call Firefighter or Deputy Sheriff -Emergency Service employed by the County is compelled to beabsent from his or her regular employment due to injuryarising out of and in the course of his or her employment asa Paid Call Firefighter or Deputy Sheriff - EmergencyService, he or she shall receive temporary disability and/orpermanent disability benefits as set forth under CaliforniaLabor Code, Section 4458 or 4458.2, as applicable.

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ARTICLE XII

SAFETY


Recognizing that a safe work environment is of substantialbenefit to both the County and employees, the County andOCEA mutually agree to the following safety program:

A. No employee shall be required to work under conditionsdangerous to the employee's health or safety.

B. The County shall make every reasonable effort toprovide and maintain a safe place of employment. OCEAshall urge all employees to perform their work in asafe manner. Employees shall be alert to unsafepractices, equipment and conditions and report any suchunsafe practices, equipment or conditions to theirimmediate supervisors. Employees shall follow safepractices and obey reasonable safety rules during thehours of their employment.

C. Any employee who either does not receive an answer to asafety-related question from his or her supervisorwithin three (3) days or receives an answer which theemployee deems unsatisfactory may directly contact theCounty Safety Officer.

D. Any employee who is directed to perform a task whichthe employee in good faith feels is unsafe may requestan immediate investigation from the Safety Officer.During the period that the Safety Officer is conductingan investigation, the employee will be assigned toother work at no loss of earnings. If the SafetyOfficer concludes the task complained of is safe, theemployee shall perform the work as instructed.

E. The County shall furnish all equipment which isnecessary for employees to perform their job in a safemanner.

F. Wherever practicable, the County shall provide thenecessary first aid kits in each location.

G. Wherever practicable, the County shall provide firstaid training for one (1) employee at each new worklocation.

Section 2. Safety Inspection

During inspection of County facilities conducted by theState Division of Industrial Safety for the purpose ofdetermining compliance with the California OSHArequirements, an OCEA designated employee shall be allowedto accompany the inspector while the inspector is in theDepartment. The employee so designated shall suffer no loss

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of pay when this function is performed during the employee'sregularly scheduled work hours.

Section 3. Abatement of Violations

In any instance in which the County is cited for a violationof CAL/OSHA, the County shall abate the cited hazard tohealth or safety within the abatement period required.

Section 4. Safety Representatives

A. Safety Representatives may be selected by OCEA to meetat least once a month, upon request, with a Countydesignated supervisor or manager for each Countyfacility to discuss matters affecting employee healthand safety.

B. The number of Safety Representatives at each facilityshall be determined as follows:

1. For facilities with fewer than one hundred (100)Bargaining Unit employees, one (1) SafetyRepresentative may be selected.

2. For facilities with one hundred (100) or moreBargaining Unit employees, one (1) SafetyRepresentative may be selected for each one hundred(100) Bargaining Unit employees or for eachfraction thereof.

C. A Safety Representative who has received a safety orhealth complaint shall be given reasonable time offwithout loss of pay to gather appropriate informationon such complaint provided that:

1. The Safety Representative obtains permission fromhis or her supervisor prior to performing such workand reports back to the supervisor when the work iscompleted.

2. The Safety Representative shall not leave his orher job to perform such work unless his or hersupervisor determines that the employee's absencewill not unduly interfere with the work of the unitin which the employee is employed. However, aneffort will be made to grant such time off as soonas it is feasible to do so.

3. When an authorized Safety Representative must gointo another section or unit to gather informationregarding a safety or health complaint, the SafetyRepresentative shall be permitted to do so providedthat:

a. the Safety Representative checks in and checksout with the supervisor of the unit; and

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b. he or she does not unduly interfere with thework of the unit.

Section 5. Resolution of Safety or Health Complaints

If a safety or health complaint is not satisfactorilyresolved, the Safety Representative may request to meet withthe County Safety Officer to resolve the complaint. If thecomplaint is not resolved, a grievance may be filed atStep 3 of the grievance procedure.

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ARTICLE XIII

UNIFORMS AND SPECIAL EQUIPMENT

Section 1. Uniforms

The County will provide, but will not launder or dry clean,required uniforms for employees in the following classes:

Sheriffs Special Officer ISheriffs Special Officer II

Section 2. Special Equipment

The County will provide employees in the classes of SheriffsSpecial Officer I and II with firearms, batons, handcuffsand leather goods whenever these items are required by theCounty.

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ARTICLE XIV

OCEA AND EMPLOYEE RIGHTS

Section 1. Employee Rights

The County shall not hinder or discipline an employee forexercising any rights or benefits provided in the Memorandumof Understanding.

Section 2. Payroll Deduction

A. Membership dues of OCEA members in this RepresentationUnit and insurance premiums for such OCEA sponsoredinsurance programs as may be approved by the Board ofSupervisors shall be deducted by the County from thepay warrants of such members. The County shallpromptly transmit the dues and insurance premiums sodeducted to OCEA.

B. OCEA shall notify the County, in writing, as to theamount of dues uniformly required of all members ofOCEA and also the amount of insurance premiums requiredof employees who choose to participate in suchprograms.

Section 3. Employee Information Listing

Once each quarter, during the term of this Memorandum, theCounty shall provide OCEA with a listing of all currentemployees in this Unit. Such file shall include employeename, job classification, Department, timekeeping location,salary range and step. The County shall also provide OCEAwith any other information needed pursuant to Article XV,Section 3. OCEA agrees to pay all costs necessary toproviding such lists.

Section 4. Use of Bulletin Boards

Space shall be made available to OCEA on Departmentalbulletin boards within the Representation Unit provided suchuse does not interfere with the needs of the Department andmaterial posted is not derogatory to the County, Countyemployees or other employee organizations. Notice shall bedated and signed by the authorized representatives of OCEAresponsible for its issuance.

Section 5. Use of County Facilities

OCEA may, with the approval of the Personnel Director, holdmeetings of their members on County property duringnonworking hours provided request is made to the PersonnelDirector as to the specific location and dates of themeeting prior to such meeting.

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ARTICLE XXV

AGENCY SHOP

Section 1. Dues/Service Fee

A. Each employee in the Representation Unit hired by theCounty on or after January 11, 2002, shall, as acondition of continued employment, become a member ofOCEA, or pay to OCEA a service fee in an amount not toexceed periodic dues of OCEA for the term of thisMemorandum of Understanding.

B. The provisions of this Article shall also apply to eachemployee hired on or after January 11, 2002, who as aresult of a reassignment or transfer becomes a memberof this Representation Unit.

C. The amount of dues and service fees shall be determinedby OCEA and any change shall be implemented by theCounty in the first pay period which commences thirty(30) days after written notice of the change isreceived by the Assistant County Executive Officer,Human Resources.

D. The County shall notify all members of theRepresentation Unit hired on or after January 11, 2002,that they are required to pay dues or a service fee asa condition of continued employment and that suchamounts will be automatically deducted from theirpaychecks. The notification shall also explain theexistence, terms and conditions of the religiousexception described in Section 1.E. below.

E. Any employee who is a member of a bonafide religion,body, or sect which has historically held conscientiousobjections to joining or financially supporting publicemployee organizations shall not be required to join orfinancially support the organization. Such an employeeshall, in lieu of periodic dues or service fees, paysums equal to the amount of service fees to a non-religious, non-labor charitable fund exempt fromtaxation under Section 501(a)(3) of the InternalRevenue Code, which has been selected by the employeefrom the following list of such funds designated by theCounty and OCEA:

Orangewood Children’s FoundationCanine Companions for Independence- LosAngeles/Orange County Chapter

Social Assistance Program for Vietnam (SAP-VN)California Children Services Donation Trust FundBreast Cancer SurvivorsAlzheimer’s Association of Orange County

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Such payments shall be made by payroll deduction as acondition of continued exemption from the requirementsof financial support of OCEA and as a condition ofcontinued employment.

Section 2.Management Responsibilities

A. Payroll Deductions

The County shall deduct the dues or service fee fromtwenty-six (26) bi-weekly pay warrants of each coveredemployee in the Representation Unit. All dues andservice fees deducted hereunder shall be promptlytransmitted by the County to OCEA.

B. Notification of Change of Status

The County shall notify OCEA promptly of any employeewho, because of a change in employment status, is nolonger a member of the Representation Unit or subjectto the provisions of this Article.

Section 3. OCEA Responsibilities

A. Financial Transactions

OCEA shall keep an adequate itemized record of itsfinancial transactions and shall make availableannually to the County, and to Unit employees who aremembers of OCEA, within sixty (60) calendar days afterthe end of its fiscal year, a detailed writtenfinancial report thereof in the form of a balance sheetand an operating statement, certified as to itsaccuracy by its president and treasurer, or by acertified public accountant.

B. Challenge Procedure

OCEA certifies to the County that it has adopted,implemented and will maintain constitutionallyacceptable procedures to enable nonmember service feepayers to meaningfully challenge the propriety of theuse of service fees. Those procedures shall be inaccordance with the decision of the United StatesSupreme Court in Chicago Teachers Union, Local No. 1,AFT, AFL-CIO, et al. v. Hudson, 106 S. Ct. 1066 (1986)and applicable California law.

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C. Indemnification

OCEA agrees to indemnify and hold harmless the Countyfor any loss or damage arising from the operation ofthis Article. The County shall, immediately uponreceipt of notice of the commencement of any legal oradministrative proceeding arising out of the operationof this Article, inform OCEA and shall fully cooperatewith OCEA and shall provide OCEA with all information,documents, and assistance reasonably necessary for theopposition, defense, settlement, trial or appeal ofsuch proceeding. OCEA shall have the sole right todetermine whether any such proceeding shall be opposed,defended, settled, tried or appealed.

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ARTICLE XVI

MANAGEMENT RIGHTS

The County retains any rights, powers or authority it hadprior to the signing of this Agreement except as thoserights are or may during the term of this Agreement bedirectly or indirectly affected by this Agreement orapplicable law. Such rights shall include, by way ofexample but not limitation, the right to manage the Countyand direct the work force, including the right to hire,select, discipline, transfer and assign work. Nothing inthis provision shall be construed to restrict grievancesconcerning this Agreement or to limit or waive the rights ofthe parties pursuant to law or this Agreement.

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ARTICLE XVII

NONDISCRIMINATION

Section 1.

The County and the Orange County Employees Association agreethat the provisions of this Memorandum of Understandingshall be applied to employees without discrimination byreasons of physical handicap, marital status or medicalcondition (as defined under the Fair Employment PracticesAct); or race, religion, color, sex, age, national origin orancestry.

Section 2.

OCEA shall not discriminate in membership or representationon any basis cited in Section 1. of this Article.

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ARTICLE XVIII

POSITION CLASSIFICATION

Section 1. The Establishment of New Classes

The County will provide OCEA an information copy of the newclass specification for any proposed class relevant to thisBargaining Unit. The County agrees to meet and confer withOCEA in an attempt to reach agreement on the salary rangeand probation period for any such proposed class beforesubmitting the class to the Board of Supervisors foradoption.

Section 2. Reclassification of a Position

A. Sections 3. and 4. shall apply only to individualclassification problems or studies involving smallnumbers of employees where the issue is a question ofallocating a position to the appropriate class.Classification Maintenance Reviews are excluded fromthe provisions of Sections 3. and 4.

B. Classification Maintenance Review is defined as 1) anystudy which involves all positions in a class or seriesexcept for a class or series with five (5) or fewerpositions; 2) any study which involves all positions inan organizational unit which is greater than five (5)positions; 3) any study in which the class concept,minimum qualifications or salary relationship is atissue.

C. By mutual agreement, the County may contract with aconsultant to carry out Classification MaintenanceReviews. Provisions of Section 5. will apply.

Section 3. Procedure for Requesting Reclassification of aPosition

Step 1: An employee who believes his or her position is notproperly classified may submit a written request tothe Department Head that a classification study beconducted. Requests shall state the reasons theemployee believes the present class is notappropriate and which class the employee believesis appropriate based on the employee's presentduties.

Step 2: Appropriate Department response to an employee'srequest for reclassification includes, but is notlimited to, denial of request or forwarding of therequest to the Personnel Department with arecommendation that a classification study beconducted.

A. If the request is denied, the employee shallbe given a written statement of the reasons

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for the denial. If management denies therequest or fails to respond within thirty (30)calendar days, the employee may submit therequest to OCEA for consideration.

B. If the Personnel Department studies a positionat the employee's request as provided aboveand the employee does not agree with theCounty's decision, the employee may submit therequest to OCEA.

Step 3: After receiving an employee request for study, OCEAmay request in writing that the PersonnelDepartment conduct a classification study of theposition or refer the matter to a consultant, asprovided in Step 4. Such requests are to betimely.

Step 4: The Personnel Department shall determine when theposition was last studied and whether there hasbeen a change of duties or change in classificationstructure which justifies restudy.

A. If the study is justified and the request ismade under Step 2.A., the employee shall begiven a Position Description Form withinfifteen (15) days. Within one hundred twenty(120) calendar days after the PersonnelDepartment receives the completed PositionDescription Form, the Personnel Departmentshall notify OCEA of the appropriateclassification of the position.

B. If the study is justified, and the request ismade under Step 2.B., the Personnel Departmentshall complete the study in thirty (30) daysand communicate the results to OCEA. If thestudy is not completed within thirty (30)days, upon request of OCEA the matter shall bereferred to a consultant under the provisionsof Section 5. of this Article.

C. If the study is not justified, the Countyshall notify OCEA within fifteen (15) days.OCEA may accept the County position that thestudy is not justified or may request aconsultant review as provided in Section 5.

Section 4. Limitations on Concurrent Studies

A. The County shall not be required to initiate a study ifthe total number of positions currently requested byOCEA for reclassification studies plus the new requestexceeds twenty-five (25) positions.

B. The numerical limitation shall apply only to studiesfor which Position Description Forms have been

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initiated and shall not include studies which have beenreferred to or are pending referral to a consultant.

C. In the event of a major layoff of County employees, alltime limits in Section 3. of this Article shall beextended forty-five (45) days.

Section 5. Review of Disputed Position ClassificationDecisions

A. If the County does not respond at the end of theappropriate time period as specified in Section 3.,Step 4 of this Article or OCEA does not agree with aposition classification decision of the County afterthe steps in Section 2. or 3. of this Article have beenfollowed, the issue may be presented to aclassification consultant for advisory review. Otherprovisions notwithstanding, no more than fifty (50)positions may be referred to a consultant per fiscalyear except that any maintenance study done by aconsultant shall not be included.

B. The consultant's review shall be documented on formssupplied by the County and used by the County fordocumenting its classification decisions.

C. The consultant shall have access to the organizationaland classification files of the Personnel Departmentand shall have the right to conduct the classificationstudy in the manner the consultant deems mostappropriate.

D. Any salary change for any employee resulting from aconsultant's advisory recommendation shall be effectiveno sooner than the beginning of the pay periodfollowing the decision of the County at Step 4 of theprocedure described in Section 3., above.

E. A consultant shall be chosen who has experience inconducting position classification analyses for localgovernmental agencies. The consultant will be chosenby a committee with an equal number of County and OCEAmembers. The cost of the consultant shall be sharedequally by the County and OCEA.

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ARTICLE XIX

INSURANCE

Section 1. Health Plan Premium

A. Except as modified in Section 1.C., below, the Countywill pay one hundred (100) percent of the employee'spremium or seventy-five (75) percent of the totalhealth plan premium, whichever is greater, for eachfull-time regular, limited-term, or probationaryemployee and such employee's dependents.

B. Except as modified in Section 1.C., below, the Countywill pay fifty (50) percent of the employee's premiumor thirty-seven and one-half (37 1/2) percent of theemployee's total health plan premium, whichever isgreater, for each part-time regular, limited-term orprobationary employee and such employee's dependentsprovided the employee's normal workweek consists of atleast twenty (20) hours and the employee pays thebalance of his or her premium. Coverage shall beterminated for any employee whose normal assigned hoursare reduced to less than twenty (20) in a fullworkweek.

C. For employees who are on approved leave which meets therequirements of Family Leave pursuant to Article IV,Section 15 and applicable law, the County shallcontinue to pay health insurance premiums as providedin A and B, above, to the extent required by applicablelaw.

Section 2. Health Plan Enrollment

A New eligible employees will be enrolled for coverage inhealth plans effective the first day of the monthfollowing the first thirty (30) days of employment.Employees failing to elect a plan will be enrolled inthe Wellwise PPO Health Plan.

B. Terminated employees will be continued with coverage inall health plans until the last day of the calendarmonth in which they terminate.

C. Employees will be given the opportunity to changehealth plans at date of retirement.

D. In all health plans the County shall provide a one (1)month period each year for open enrollment ofemployees, employees' dependents and retirees.

Section 3. Other Insurance Coverage

A. OCEA shall maintain a trust fund administered incompliance with applicable state and federal law, forthe purpose of providing health, disability and other

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welfare benefits for employees in regular or limitedterm positions in this Representation Unit.

B. The County shall, on a biweekly basis, forward thirty(30) cents per hour for all regular hours paid for allemployees in this Representation Unit for deposit insaid trust fund; the County shall forward at leastmonthly an amount equal to thirty (30) cents for eachregularly scheduled hour in each full pay period ofunpaid leave which meets the requirements of FamilyLeave pursuant to Article IV, Section 15 and applicablelaw.

C. Insurance coverages provided through the trust fundwith monies contributed by the County shall be madeavailable by OCEA to all employees in theRepresentation Unit on an equal basis regardless ofmembership status.

D. OCEA shall indemnify and hold the County harmless fromany claims or legal actions brought under this Section.

E. Not more than once each year OCEA, upon request, shallprovide the County with a copy of any report providedto the Insurance Commission and shall provide astatement of the participation and plan cost for thepast year for each program of the fund. OCEA alsoagrees to provide the County with the specifics of anybenefit plan changes as they occur.

Section 4. Premium Only Plan

The County will administer a Premium Only Plan that willallow an employee to pay for health insurance premiums aspermitted in the Internal Revenue Code. Under the plan, anemployee's gross taxable salary will be reduced by theamount of his or her share of the premium costs of County-provided health insurance coverage.

Section 5. Retiree Medical Benefit

A. Retiree Medical Insurance Grant

1. Effective August 1, 1993 the County shalladminister a Retiree Medical Insurance Program foremployees who have retired from County service andwho meet the eligibility requirements set forth inSection 5.B., below.

2. Upon paid County retirement, an eligible retireewho has enrolled in a County-offered health plan orMedicare Part A or Part B shall receive a RetireeMedical Insurance Grant.

3. An employee who separates from County service priorto meeting the eligibility requirements for theRetiree Medical Insurance Grant shall receive a

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lump sum cash payment equal to one (1) percent ofsalary for each year of qualifying service inaccordance with D., below.

4. The Retiree Medical Insurance Grant may be appliedonly towards the cost of retiree and dependentcoverage in a County-offered health insurance planand/or Medicare premiums as provided in A.4.a. andA.4.b. below.

a. Upon implementation, the Retiree MedicalInsurance Grant shall be an amount based onten (10) dollars per month for each full yearof service to a maximum of two hundred fifty(250) dollars per month. In each fiscal year,the amount of such Grant shall be adjusted bythe average percentage increase in Countyhealth plan premiums no later than theeffective dates of such increases, not toexceed five (5)percent per year. In no caseshall the Retiree Medical Insurance Grantexceed the actual cost of the health insuranceand/or Medicare premiums.

b. All employees who become eligible for aRetiree Medical Insurance Grant shall beprovided a one (1) time opportunity of atleast thirty (30) days to enroll in a County-offered health plan or Medicare. Should aretiree fail to enroll during theaforementioned periods or should he or sheterminate coverage or fail to make necessarypayments, the retiree and dependents shallforfeit any right to a Retiree MedicalInsurance Grant.

B. Eligibility Requirements for Retiree Medical InsuranceGrant

1. Retiree must be actively retired from the County ofOrange and receiving a monthly retirement allowancefrom the Orange County Employees Retirement System.

2. Retiree must have retired with at least ten (10)years of County service except as provided inB.2.a.,b.,c., and d. below:

a. A retiree who receives a service-connecteddisability retirement from the County shall beeligible for a Retiree Medical Insurance Grantequal to either ten (10) years of service oractual years of County service, whichever isgreater.

b. A retiree with a minimum of five (5) years ofCounty service who receives a non-serviceconnected disability retirement shall be

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eligible for a Retiree Medical Insurance Grantbased on actual years of County service. Anemployee with less than five (5) years ofCounty service who receives a non-serviceconnected disability retirement shall not beeligible for a Retiree Medical InsuranceGrant.

c. A separated employee who has less than ten(10) years of County service or is undernormal retirement age and has requested aservice or non-service connected disabilityretirement shall not be eligible to receiveeither the Retiree Medical Insurance Grant orthe cash distribution until a determination ofdisability status is made by the Board ofRetirement.

d. A separated employee who receives a lump sumcash benefit pursuant to this Section shall beineligible for the Retiree Medical InsuranceGrant if, at a later date, the Board ofRetirement grants a disability retirement.

3. All eligible retirees and enrolled dependents whoare age sixty-five (65) or older must be enrolledin Medicare Part B in order to be eligible for theRetiree Medical Insurance Grant. All eligibleretirees and dependents who are entitled toMedicare Part A coverage without a premium must beenrolled in Medicare Part A to be eligible toreceive the Retiree Medical Insurance Grant.

4. Deferred Retirement

a. An employee who, upon separation from Countyservice, is eligible for paid retirement andelects deferred retirement must deferparticipation in the Retiree Medical InsuranceGrant until such time as he or she becomes anactive retiree.

b. An employee who is not eligible for paidretirement at the time he or she separatesfrom County service and elects deferredretirement status shall not become eligiblefor participation in the Retiree MedicalInsurance Grant.

5. For purposes of this Section, a full year ofservice shall be based upon those regular hours theemployee worked for the County as a regular,limited-term and/or probationary employee. Twothousand eighty (2080) regular hours, exclusive ofovertime, shall equal one (1) full year of service.

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C. Employee Contribution

A regular, limited-term and probationary employeesshall contribute one (1) percent of their base salary,exclusive of overtime and premium pay, through payrolldeduction to the County to be applied to the cost ofmedical insurance premiums.

D. Cash Benefit

1. An employee who separates from the County and doesnot qualify for a Retiree Medical Insurance Grantshall receive a cash amount equal to one (1)percent of average base hourly rate for allqualifying hours on or after the first day of thepay period in which the Retiree Medical Benefit isimplemented. The average base hourly rate shall becalculated on base salary over the six thousand twohundred forty (6240) regularly paid hoursimmediately preceding separation from the County.

2. An employee with less than six thousand two hundredforty (6240) regularly paid hours shall receive acash amount equal to one (1) percent of averagebase hourly rate for all qualifying hours on orafter the first day of the pay period in which theRetiree Medical Benefit is implemented. Theaverage base hourly rate shall be calculated onbase salary over all regularly paid hoursimmediately preceding separation from the County.

3. Receipt of the Retiree Medical Insurance Grantshall permanently revoke any claim to a cashbenefit even if the retiree subsequently terminatesparticipation in a County offered health planand/or Retiree Medical Insurance Grant. Receipt ofthe lump sum cash payment provided in this Sectionshall permanently revoke any claim to the RetireeMedical Insurance Grant.

E. Survivor Benefits

1. A surviving spouse who qualifies for a monthlyretirement allowance shall be eligible for fifty (50)percent of the Retiree Medical Insurance Grantauthorized for the retiree.

2. A surviving eligible retiree who qualifies for amonthly retirement allowance who was married to aretiree who was also eligible for a Retiree MedicalInsurance Grant shall receive the survivor benefitdescribed in E.1., above, or his or her own RetireeMedical Insurance Grant, whichever is greater.Such retiree shall not be eligible for both RetireeMedical Insurance Grants.

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Section 6. Accidental Death and Dismemberment Insurance

The County shall provide a one hundred thousand ($100,000)dollar Accidental Death and Dismemberment policy for deathor dismemberment for all Sheriffs Special Officer and DeputyCoroner Unit employees. The policy shall provide benefitsfor death or dismemberment occurring in the line of duty.

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ARTICLE XX

DEFERRED COMPENSATION

An employee in a regular position may, at his or herrequest, participate in the County's Deferred CompensationPlan.

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ARTICLE XXI

RETIREMENT

Section 1. Contribution Rates and Benefit Levels

A. For eligible employees hired on or beforeSeptember 20, 1979 or such later date as established bythe County:

1. Such employees are provided a one-fiftieth (1/50)retirement benefit formula per Section 31676.12 ofthe Government Code for general members and Section31664.0 for safety members.

2. The retirement allowance will be computed on thehighest one (1) year of final compensation perGovernment Code Section 31462.1.

3. Members' normal contribution rates shall continueto be established as provided by Section 31621.5 ofthe Government Code for general members and 31639.5for safety members.

4. The County will adopt employee contribution ratesequal to County contributions for full reservefunding of cost-of-living increases to retirees forall active members of the retirement system asrecommended by the actuary.

B. For eligible employees hired on or afterSeptember 21, 1979 or such later date as established bythe County:

1. General members will be provided a one-sixtieth(1/60) retirement benefit allowance as provided inSection 31676.1 of the Government Code.

2. Safety members will be provided a one-fiftieth(1/50) benefit formula per Section 31664.0 of theGovernment Code.

3. The retirement allowance of general and safetymembers will be computed upon the employee'shighest three (3) years of compensation perGovernment Code Section 31462.

4. Members' normal contribution rates shall be asprovided by Government Code Sections 31621 forgeneral members and 31639.25 for safety members.

5. The County will adopt employee contribution ratesequal to County contributions for full reservefunding of cost-of-living increases to retirees forall active members of the retirement system asrecommended by the actuary.

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C. Members' normal and cost-of-living contributions willbe adjusted subsequent to and in accordance withactuarial recommendations adopted by the RetirementBoard and the Board of Supervisors.

D. Effective June 27, 2003, the County will pay theretirement contributions normally required of theemployee up to a maximum of 3.5 percent of salarypursuant to Government Code Section 31581.2.

Section 2. Tax-Deferred Retirement Plan

The County will administer an approved tax-deferredretirement plan which will allow employees to reduce theirtaxable gross income by the amount of their retirementcontribution. The plan shall be in effect for the term ofthis Memorandum of Understanding subject to approval by theInternal Revenue Service.

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ARTICLE XXII

SEPARABILITY

In the event that any provisions of this Memorandum aredeclared invalid by any court of competent jurisdiction,such decision shall not invalidate the entire Memorandum, itbeing the express understanding of the parties hereto thatall other provisions not declared invalid shall remain infull force and effect.

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ARTICLE XXIII

RECOGNITION

Pursuant to the Employee Relations Resolution of the Countyof Orange and applicable State law, the Orange CountyEmployees Association is the Exclusively Recognized EmployeeOrganization for the Sheriffs Special Officer and DeputyCoroner Unit for classes in effect on June 29, 2001. Saidclasses are listed in Appendix A.

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ARTICLE XXIV

DEPENDENT CARE ASSISTANCE PROGRAM

The County will administer a Dependent Care AssistanceProgram that will allow employees to take advantage of asalary reduction program to pay for dependent care aspermitted in the Internal Revenue Code.

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ARTICLE XXV

PERFORMANCE INCENTIVE PROGRAM (P.I.P.)

Section 1. Scope

A. The Performance Management Process and PerformanceIncentive Program are designed to recognize and rewardperformance and to:

1. Help an employee understand what the departmentvalues with respect to performance.

2. Recognize an employee’s strengths.

3. Advise an employee where improvement is needed.

B. The Performance Incentive Program is a supplementalcompensation program which is available apart from andshall have no impact upon, negotiated general salaryincreases and other elements of employee compensation.

C. The Performance Incentive Program adopted by the Boardof Supervisors in July 1999, and included in thisMemorandum of Understanding by reference, is theproduct of an agreement between the County and OCEA todevelop an incentive program through the LaborManagement Committee process. The County and OCEA haveagreed that the PIP process is dynamic, shall becontinuous, and shall regularly examine such issues asviability, effectiveness and overall fairness. Theterm of the program may be modified or terminatedsubject to the agreement of the County and OCEA.

Section 2. Compensation

Incentive funding has been established equal to two (2)percent of base salary each year for the term of thisagreement for employees in this unit.

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ARTICLE XXVI

LABOR MANAGEMENT COMMITTEES

Section 1. Introduction

A. The County and OCEA desire to mutually encourage acooperative, collaborative partnership approach toaddressing and resolving workplace issues. The Countyand OCEA further desire to provide an opportunity forlabor and management representatives to promote andmaintain harmonious labor/management relations throughthe establishment of Agency/Department Labor ManagementCommittees. This section is not intended to change orreplace mutually agreeable existing arrangements,including labor-management forums, except by mutualagreement.

B. The Labor Management Committee (LMC) process isintended for agency and department management and laborrepresentatives to collaborate in a regularly scheduled(at least monthly) forum to develop solutions toworkplace issues that are deemed appropriate fordiscussion. The County and OCEA recognize that thisprocess will provide an important opportunity toachieve mutually acceptable solutions to workplaceissues.

C. It is the intent of the process that each party shouldraise issues prior to making decisions or adoptingcourses of action that may affect the other party.

D. An issue may be considered by the LMC members unlessthe issue:

1. Concerns only an individual employee, such as thatemployee’s performance evaluation, PIP award,discipline or an individual problem with anotheremployee;

2. Has County-wide impact; or

3. Involves the classification of one or more employees.

E. LMC members will have the authority to discuss anddevelop solutions to workplace issues submitted byemployees and management and to present those solutionsto the LMC Sponsors.

F. The activities of LMCs will be effectively communicatedto all employees through monthly newsletters or othermutually agreeable methods.

SSO-100

Section 2. Structure

A. The LMC program shall be jointly administered by fourcentral LMC Program Sponsors, two of whom shall beappointed by the Assistant CEO-Human Resources and twoof whom shall be appointed by OCEA. Any issueconcerning the implementation or administration of theLMC process may be referred to the LMC Program Sponsorsby request of either party.

B. 1. Every Agency/Department shall have an LMC.

2. The Agency/Department LMC structure shall consistof management representatives selected by theAgency/Department and employee representativesselected by OCEA. The LMC Program Sponsors mayalso select representatives to participate on theLMC.

3. Each Agency/Department LMC shall have two sponsorswho may or may not be members of the LMC: theAgency/Department Head and a representativedesignated by OCEA. The role of the sponsors is tomonitor the direction and progress of the LMC andto provide the support and resources necessary toconstructively address and resolve workplaceissues.

Section 3. Time off for LMC Activities

A. A reasonable number of employees shall be allowedreasonable time off without loss of pay to serve asemployee representatives in the LMC process.

B. In addition to A, above, reasonable time off withoutloss of pay shall be given to employees and LMCemployee representatives as necessary to effectuate thepurposes of the LMC process.

Section 4. Process

A. Employees may submit a form entitled Workplace IssueStatement Form describing the workplace issue, therecommended change(s) and the advantage(s) associatedwith the change. Employees may choose to remainanonymous when submitting their workplace issue;however, anonymity may hinder the ability of the LMC tofully evaluate the issue presented.

B. Employees may submit the Workplace Issue Statement formto any active LMC member or to LMC sponsors.

C. The LMC member shall discuss and develop possiblesolutions to the submitted workplace issues. An LMCmember may contact the employee who submitted the

SSO-101

workplace issue to obtain additionalinformation/clarification.

D. Workplace issue solutions will be determined by aconsensus of the members present at the LMC meeting andsubmitted as a recommendation to the LMC sponsors.

E. Within 30 days of receipt of the LMC recommendation,the Agency/Department LMC sponsors shall respond to theLMC members in writing, indicating their acceptance,suggested modifications or rejection of each proposedsolution and/or schedule for implementation. Thesponsors shall provide written reasons for arejection/modification of a solution submitted by theLMC.

F. Any issue which is not resolved by theAgency/Department LMC shall upon request by eitherdepartmental sponsor be submitted to the central LMCProgram Sponsors for advisory review.

SSO-102

ARTICLE XXVII

REOPENER

Upon request of OCEA or the County, negotiations shall bereopened on the following subjects:

a. The elimination of the Step 10 limitation upon meritincreases;

b. Practices regarding overtime compensation and thescheduling of compensatory time;

c. The inclusion of a management rights provision toensure that all provisions of this Memorandum ofUnderstanding are administered fairly and consistentlythrough the centralized authority of the AssistantCounty Executive Officer, Human Resources; and

d. Release time for OCEA-designated employees and relatedmatters.

Upon such request, the County and OCEA shall meet and conferregarding the subjects, and, in so doing, shall attempt toreach agreement regarding specific provisions

SSO-103

ARTICLE XXVIII

SALARIES

Section 1. Salary Adjustments

A. All classes shall receive a general salary increase ofapproximately 4.00% effective June 29, 2001.

B. All classes shall receive a general salary increase ofapproximately 4.00% effective June 28, 2002.

SHERIFFS SPECIAL OFFICER AND DEPUTY CORONER UNITMEMORANDUM OF UNDERSTANDING

INDEX

____________________________________________________________

A____________________________________________________________

Abandonment of Position, 35Absences Caused by Illness, Injury or Pregnancy, 34Absence Without Authorization, 35Advance Step Appointment, 12Agency Shop, 78Air Pollution Alert, 29Appeals (see specific subject)Arbitration (see Grievance/Appeal Procedure)Automatic Resignation, 35

____________________________________________________________

B____________________________________________________________

Bereavement Leave, 31Bilingual Pay, 9Breaks (Rest Periods), 7

____________________________________________________________

C____________________________________________________________

Call-Back Pay, 8Catastrophic Leave, 39Classification Review, 85Cleanup Time, 7Compensation, Additional, 18Compensation for Employees, 12Compensatory Time:Earning of (see Overtime, Holidays)Payment for, 7Taking of (see also Leave Provisions,On-the-Job-Injury), 6

Contagious Diseases, Exposure to, 28, 72Continuous Service, Definition of, 1

____________________________________________________________

D____________________________________________________________

Deferred Compensation, 92Definitions, 1Demotion (see also Reduction), 52

Departmental Leave of Absence (Departmental Leave), 31Dependent Care Assistance Program, 97Disability Leave of Absence (see also Workers' CompensationLeave), 37

Disability Retirement, Reemployment of Employees on, 23Disciplinary Action: 50Disciplinary Appeals, 52, 54, 57Discharge and Right of Appeal, 52Polygraph Examination, 52Pre-Disciplinary Hearing ("Skelly" Hearing), 50Reduction, 52Reprimand, 50Substandard Performance Evaluation, 50Suspension, 50, 52

Discrimination (see Nondiscrimination), 82Probationary Releases Alleging, 60

____________________________________________________________

E____________________________________________________________

Election Work, 5Emergency Communications Training and Certification Pay, 10Emergency, Definition of, 1Emergency Leave (Personal Emergency), 29Emergency Situation, Work in, 5Emergency Suspension, 50Employee:Definition of, 1Information Listing, 77Rights, 77

Extension of Probation, 22Extra Help Employee, Definition of, 1Extra Help Position, Definition of, 1

____________________________________________________________

F____________________________________________________________

Failure of Probation, 21Failure to Return to Work(Absence Without Authorization), 35

Family Leave, 39File, Personnel, Contents of, 24Flex Time, 5Full-Time Employee, Definition of, 1

____________________________________________________________

G____________________________________________________________

Grievance/Appeal Procedure: 54Basic Rules of, 54Employee Representation in, 55Informal Discussion, 57

Mediation, 63Scope of, 54Steps in, 57Time Off for Processing Grievances/Appeals, 56

____________________________________________________________

H____________________________________________________________

Health Insurance (Medical Insurance), 86Holidays: 44Eligibility for Holiday Pay, 45Holidays Observed, 44Holiday Pay, 46

Hours of Work (Workweek), 4

____________________________________________________________

I____________________________________________________________

Illness, Absence Caused by, 28, 34Industrial Injuries, Treatment of (see also Workers'Compensation), 37, 71

Information Listing of Employees, 77Injury, Absence Caused by, 28, 34Injury to Paid Call Firefighter or Deputy Sheriff -Emergency Service, 72

Insurance, Health, 86Trust Fund, 87Premium Only Plan, 87Retiree, Medical Benefit, 87

Investigatory Meetings, 53____________________________________________________________

J____________________________________________________________

Jury Duty Leave, 34

____________________________________________________________

L____________________________________________________________

Labor Management Committees, 99Layoff Procedure: 64Computation of Layoff Points, 65General Provisions, 64Notification of Employees, 66Order of Layoff, 64Reemployment Lists, 67Status on Reemployment, 69Superseniority (Special Seniority), 66Voluntary Reduction: 66In Lieu of Layoff, 66From Classes Designated as Vulnerable to Layoff, 67

Leaves, Authorized: 28Bereavement, 31Catastrophic, 39Denial of, 32Departmental, 31Disability, 33Family, 39General Provisions, 29Jury Duty, 34Military, 13, 22Nonoccupational Disability, 33OCEA Business, 34OCEA Presidential, 37Official, 31Parenthood, 36Personal Emergency (Sick Leave), 28Pregnancy (see Leave of Absence, NonoccupationalDisability Leave and Parenthood Leave), 33, 34, 36

Sick, 28Witness, 34Without Pay (see specific type of leave), 31Workers' Compensation, 37

Limited-Term Employees:Definition of, 2Status of, 24

Limited-Term Position, Definition of, 2

____________________________________________________________

M____________________________________________________________

Maintenance Classification Review, 83Management Rights, 81Medical Insurance (see Insurance), 86Merit Increase, 12Mileage Reimbursement, 48Military Leave, 13, 22

____________________________________________________________

N____________________________________________________________

New Employees, Pay for, 12New Probation, 20Night Shift Differential Pay, 7Nondiscrimination, 82

____________________________________________________________

O____________________________________________________________

OCEA Business, Leave for, 34OCEA Presidential Leave, 37Official Leave of Absence, 31On-Call Pay, 8

On-the-Job Injury (see also Workers' Compensation), 37, 71Overtime: 6Distribution of, 6Notification of Employees, 6Payment for, 6

____________________________________________________________

P____________________________________________________________

Paid Call Firefighter, Injury to, 72Parenthood Leave, 36Part-Time Employee, Definition of, 2Pay: 12For New Employees, 12Holiday, 44Premium, 7Practices, 12

Pay Check Deposit, 19Peace Officer Standards and Training (P.O.S.T.) Pay, 10Performance Evaluation, 23Performance Evaluation, Substandard, 50Performance Incentive Program, 98Personal Emergency:Absence for, 29Definition of, 2

Personal Property Reimbursement, 48Personnel Director, Definition of, 2Personnel File, Contents of, 24Polygraph Examination, 52Position Classification: 83Classification Maintenance Review, 83Procedure for Requesting Reclassification, 83Review of Disputed Position Classification Decisions, 85

Pre-Disciplinary Hearing ("Skelly"), 50Pregnancy (see Sick Leave, Leave of Absence,Nonoccupational Disability and Parenthood Leave) 34, 36

Premium Only Plan, 87Premium Pay, 7Presidential Leave (See OCEA Presidential Leave), 37Probation: (see also Limited-Term Employee, Status of;Temporary Promotion; Leave Provisions; LayoffProcedure), 20Extension of, 22Failure of, 21General Provisions, 22New, 20Promotional, 20

Probationary Employee, Definition of, 2Promotion:Definition of, 2Salary on, 14Temporary, 25

Property Reimbursement, 48

____________________________________________________________

R____________________________________________________________

Reassignment:Definition of, 2Salary on, 15

Reclassification (see Position Classification), 83Reclassification, Salary on, 17Recognition, 96Recruiting Step, 11Definition of, 2

Reduction:Appeal of, 52Definition of, 2Salary on, 16Voluntary, from Classes Designated as Vulnerable toLayoff, 67Voluntary, in Lieu of Layoff, 66

Reemployment:Lists, 67Of Employees on Disability Retirement, 26Of Employees on Layoff, 67, 69Of Regular Employees, 26Of Retired Employees, 18Salary on, 18

Regular Employee:Definition of, 3Reemployment of, 26

Regular Position, Definition of, 3Reopener, 102Reimbursement Programs: 48Mileage, 48Personal Property, 48

Reprimand, 50Resignation, Automatic, 35Rest Periods, 7Retiree Medical Benefit, 87Retirement: 93Reemployment of Employee on Paid County Retirement, 18Tax-Deferred Retirement Plan, 94

____________________________________________________________

S____________________________________________________________

Safety: 73Complaints, 75General Provisions, 73Inspection, 73Representatives, 74Violations, Abatement of, 74

Salaries, 12, 103Salary Allocation, Changes in, 18Salary on:Promotion, 14

Reassignment, 15Reclassification, 17Reduction, 16Reemployment, 18

Scheduled Hours of Work (Workweek), 4Selection Procedures, Time Off for, 26Seniority, Definition of, 3Separability, 95Shift Change, 4Shift Premium (Night Shift Differential), 7Sick Leave:Accumulation of, 28General Provisions, 29Permitted Uses of, 28Prohibited Uses of, 29Unused, Payment for, 30

"Skelly" Hearings (Pre-Disciplinary Hearing), 50Special Equipment, 76Substandard Performance Evaluation, 50Superseniority (Special Seniority), 65Suspension, 50, 52Emergency, 50

____________________________________________________________

T____________________________________________________________

Tax-Deferred Retirement Plan, 94Temporary Promotion, 25Time Off for Selection Procedures, 26Training, 27Training Officer Assignment Pay, 10Transfer:Of OCEA Officers or Grievance Representatives, 27Of Probationary Employees, 22

____________________________________________________________

U____________________________________________________________

Uniforms, 76

____________________________________________________________

V____________________________________________________________

Vacation: 41Accumulation of, 41General Provisions, 42

Verification of Illness, 28Voluntary Reduction in Lieu of Layoff, 66Voluntary Reduction from Classes Designated as Vulnerable toLayoff, 67

____________________________________________________________

W____________________________________________________________

Witness Leave, 34Workers' Compensation:Leave of Absence, 37Supplement Pay, 71

Workweek, 4

____________________________________________________________

Y____________________________________________________________

Y-Rate:Definition of, 3Salary on Reclassification/Reduction, 17, 16Schedule, 17

APPENDIX A

Classes included in the Sheriffs Special Officer Unit as ofJune 29, 2001:

6005 Deputy Coroner6007 Senior Deputy Coroner6109 Sheriffs Special Officer I6112 Sheriffs Special Officer II

Appe

ndix

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5 15

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18.4

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SSO

I

6109

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1976

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2094

.40

2148

.80

2207

.20

2268

.80

3645

-

4916

Documents

MEMORANDUM OF UNDERSTANDING COUNTY OF … of understanding 2001 - 2004 county of orange and the orange county employees association for the sheriffs special officer and ... 20 section