BUTTE COUNTY
DEPUTY SHERIFF’S ASSOCIATION
MEMORANDUM OF UNDERSTANDING – GENERAL UNIT
October 1, 2002 - March 31, 2004
1.00
RECOGNITION............................................................................................................................................ 1
2.00
MANAGEMENT RIGHTS .......................................................................................................................... 1
3.00
ASSOCIATION SECURITY ....................................................................................................................... 1
3.01
MAINTENANCE OF MEMBERSHIP ....................................................................................................... 2
4.00
ASSOCIATION RIGHTS ............................................................................................................................ 2
4.01
EMPLOYEE ACCESS............................................................................................................................ 2
4.02
BULLETIN BOARDS ............................................................................................................................ 3
4.03
USE OF FACILITIES ............................................................................................................................. 3
4.04
INTERNAL COMMUNICATIONS ........................................................................................................... 3
4.05
NEW CLASSIFICATIONS ...................................................................................................................... 3
4.06
ASSOCIATION RELEASE TIME BANK .................................................................................................. 3
5.00
ASSOCIATION REPRESENTATIVES ..................................................................................................... 4
6.00
NON-DISCRIMINATION ........................................................................................................................... 4
7.00
PERSONNEL FILES .................................................................................................................................... 4
8.00
HOURS OF WORK AND RESTRICTIONS ............................................................................................. 4
8.01
WORK SCHEDULES ............................................................................................................................ 4
8.02
SPECIAL SCHEDULES ......................................................................................................................... 5
8.03
MEAL BREAK..................................................................................................................................... 5
9.00
OVERTIME................................................................................................................................................... 5
9.01
ELIGIBLE POSITIONS .......................................................................................................................... 5
9.02
OVERTIME DEFINED .......................................................................................................................... 5
9.03
OVERTIME AUTHORIZATION .............................................................................................................. 5
9.04
OVERTIME COMPENSATION ............................................................................................................... 5
9.04.01 Overtime Rate ................................................................................................................... 5
9.04.02 Double Shifts .................................................................................................................... 5
9.05
ACCUMULATED COMPENSATORY TIME OFF ...................................................................................... 6
9.06
FRINGE BENEFITS NOT AFFECTED BY OVERTIME.............................................................................. 6
10.00
VACATION LEAVE .................................................................................................................................... 6
10.01 ACCRUAL........................................................................................................................................... 6
10.02 VACATION ELIGIBILITY ..................................................................................................................... 7
10.03 VACATION CARRYOVER .................................................................................................................... 7
10.04 VACATION PAYOUT ........................................................................................................................... 7
10.05 VACATION SCHEDULING .................................................................................................................... 7
10.06 LATERAL TRANSFERS ........................................................................................................................ 7
11.00
SICK LEAVE ................................................................................................................................................ 7
11.01 SICK LEAVE ACCRUAL ...................................................................................................................... 7
11.02 SICK LEAVE ELIGIBILITY ................................................................................................................... 8
11.03 USES OF SICK LEAVE ......................................................................................................................... 8
11.04 REPORTING REQUIREMENT ................................................................................................................ 8
11.05 MEDICAL REPORTS ............................................................................................................................ 8
11.06 PAYMENT OF SICK LEAVE.................................................................................................................. 8
11.07 SICK LEAVE BUY-BACK OPTION ....................................................................................................... 8
11.08 LATERAL TRANSFERS ........................................................................................................................ 8
DSA Gen MOU Final –2002 -2004
i
12.00
LEAVES OF ABSENCE............................................................................................................................... 8
12.01 BEREAVEMENT LEAVE....................................................................................................................... 8
12.02 PATERNITY LEAVE ............................................................................................................................. 9
12.03 INDUSTRIAL DISABILITY LEAVE WITHOUT PAY (WORKERS COMPENSATION) .................................. 9
12.04 MILITARY LEAVE .............................................................................................................................. 9
12.05 FAMILY CARE AND MEDICAL LEAVE ................................................................................................. 9
12.06 JURY AND WITNESS LEAVES (NON-JOB RELATED) ............................................................................ 9
12.07 PAID ADMINISTRATIVE LEAVE ........................................................................................................ 10
13.00
HOLIDAYS ................................................................................................................................................. 10
13.01 DESIGNATED HOLIDAYS .................................................................................................................. 10
13.02 PERSONAL HOLIDAYS ...................................................................................................................... 11
13.03 ELIGIBILITY FOR HOLIDAY PAY ....................................................................................................... 11
13.04 HOLIDAY COMPENSATION ............................................................................................................... 11
14.00
COMPENSATION ...................................................................................................................................... 12
14.01 SALARY ........................................................................................................................................... 12
14.02 SHIFT DIFFERENTIAL ....................................................................................................................... 12
14.03 TEMPORARY ASSIGNMENT IN HIGHER PAID CLASSIFICATION ......................................................... 12
14.04 BILINGUAL PAY DIFFERENTIAL ....................................................................................................... 12
14.05 CALLBACK. ...................................................................................................................................... 13
14.05.01 Overtime and Callback ................................................................................................... 13
14.05.02 Callback on Regular Day Off.......................................................................................... 13
14.06 STANDBY PAY ................................................................................................................................. 13
14.07 FIELD TRAINING OFFICER ............................................................................................................... 13
14.08 INVESTIGATION ASSIGNMENT .......................................................................................................... 13
14.09 BOMB SQUAD .................................................................................................................................. 13
14.10 GANG ASSIGNMENT ......................................................................................................................... 13
14.11 CANINE COMPENSATION .................................................................................................................. 14
14.12 INFORMATION SYSTEMS ASSIGNMENT............................................................................................. 14
15.00
UNEMPLOYMENT INSURANCE ........................................................................................................... 14
16.00
HEALTH PLAN .......................................................................................................................................... 14
16.01 EMPLOYEE HEALTH PLAN ELIGIBILITY ........................................................................................... 14
16.02 DESCRIPTION ................................................................................................................................... 15
16.03 PARTICIPATION LEVELS ................................................................................................................... 15
16.04 ADMINISTRATION ............................................................................................................................ 16
16.05 RETIRED EMPLOYEE OPTIONS ......................................................................................................... 16
16.06 BENEFIT PLAN REVIEW COMMITTEE ............................................................................................... 17
17.00
RETIREMENT............................................................................................................................................ 17
17.01 RETIREMENT PLAN .......................................................................................................................... 17
17.02 RETIREMENT CONTRIBUTION ........................................................................................................... 18
17.03 RETIREMENT CREDIT FOR SICK LEAVE ............................................................................................ 18
18.00
REIMBURSEMENT OF EXPENSES ....................................................................................................... 18
18.01 MILEAGE REIMBURSEMENT ............................................................................................................. 18
18.02 PROFESSIONAL ORGANIZATIONS FEE REIMBURSEMENT .................................................................. 18
18.03 EXPENSE REIMBURSEMENT. ............................................................................................................ 19
18.04 MEAL REIMBURSEMENTS ................................................................................................................ 20
18.05 TUITION REIMBURSEMENT............................................................................................................... 20
19.00
OUTSIDE EMPLOYMENT ...................................................................................................................... 20
19.01 AUTHORIZATION .............................................................................................................................. 20
19.02 RESTRICTED ACTIVITIES .................................................................................................................. 20
DSA Gen MOU Final –2002 -2004
ii
20.00
SENIORITY AND LAYOFF PROVISIONS ............................................................................................ 21
21.00
DISCIPLINARY ACTION ......................................................................................................................... 21
21.01 RIGHT TO REPRESENTATION ............................................................................................................ 21
21.02 NOTICE TO THE UNION..................................................................................................................... 22
21.03 APPEAL OF DISCIPLINARY ACTION .................................................................................................. 22
21.04 DEFINITION OF DISCIPLINE .............................................................................................................. 22
21.05 ORAL AND WRITTEN REPRIMAND AND EVALUATION ...................................................................... 22
21.06 PRE-DISCIPLINARY NOTICE ............................................................................................................. 22
21.07 PRE-DISCIPLINARY HEARING........................................................................................................... 23
22.00
GRIEVANCE PROCEDURE .................................................................................................................... 23
22.01 INTENT ............................................................................................................................................ 23
22.02 DEFINITION AND SCOPE OF GRIEVANCE .......................................................................................... 23
22.03 GRIEVANCE PROCEDURE STEPS ....................................................................................................... 23
22.04 CONSISTENT AWARDS ..................................................................................................................... 26
22.05 ADMINISTRATION OF THE GRIEVANCE PROCEDURE. ...................................................................... 26
22.06 ASSOCIATION/UNION'S STANDING TO GRIEVE ................................................................................. 27
23.00
SAFETY ....................................................................................................................................................... 28
23.01 SAFE WORKING CONDITIONS........................................................................................................... 28
23.02 COUNTY SAFETY COMMITTEE ......................................................................................................... 28
23.03 DEPARTMENTAL SAFETY ................................................................................................................ 28
23.04 FIREARMS ........................................................................................................................................ 28
24.00
EMPLOYEE ASSISTANCE PROGRAM ................................................................................................ 29
25.00
VEHICLE STANDARDS ........................................................................................................................... 29
26.00
CHILD CARE COMMITTEE ................................................................................................................... 29
27.00
CATASTROPHIC LEAVE ........................................................................................................................ 29
28.00
DISABILITY INSURANCE ....................................................................................................................... 29
29.00
UNIFORM POLICY ................................................................................................................................... 29
30.00
CLASSIFICATION/COMPENSATION STUDY .................................................................................... 29
31.00
PERSONNEL RULES ................................................................................................................................ 30
32.00
TRAVEL POLICY ...................................................................................................................................... 30
33.00
FULL AGREEMENT ................................................................................................................................. 30
34.00
ENACTMENT ............................................................................................................................................. 31
35.00
SAVINGS CLAUSE .................................................................................................................................... 31
36.00
PEACEFUL PERFORMANCE ................................................................................................................. 31
37.00
TERMS OF AGREEMENT ....................................................................................................................... 32
DSA Gen MOU Final –2002 -2004
iii
MEMORANDUM OF UNDERSTANDING
BETWEEN THE COUNTY OF BUTTE
AND
THE BUTTE COUNTY DEPUTY SHERIFFS’ ASSOCIATION
GENERAL UNIT
Pursuant to the provisions of the Meyers-Milias-Brown Act, Section 3500 et seq. of the
California Government Code and Chapter 11 of the Butte County Personnel Rules and
Regulations, representatives of the County of Butte, hereafter called "County," and the Butte
County Deputy Sheriff’s Association, hereafter called "Association," have "met and conferred"
concerning the subject of wages, hours and working conditions for law enforcement employees
in the General Unit of representation. This memorandum represents the good faith effort of both
the County and the Association representatives to reach agreement on matters of wages, hours
and conditions of employment. It is understood that this agreement is not binding upon the
County until such time as it is ratified by the Butte County Board of Supervisors and the
membership of the Association. This Memorandum of Understanding is effective October 1,
2002 and continues through March 31, 2004. It is agreed as follows:
1.00
RECOGNITION
The County recognizes the Butte County Deputy Sheriff’s Association as the exclusive
representative for employees designated in the General Unit of law enforcement
employees pursuant to Section 3500 et seq. of the California Government Code and the
County Employer/Employee Relations Policy set forth in Chapter 11 of the Butte County
Personnel Rules. The Unit consists of employees in the classifications shown in
Appendix A.
2.00
MANAGEMENT RIGHTS
The County reserves all rights with respect to matters of general legislative and
managerial policy including, among others, the exclusive right to determine the mission
of its constituent departments, commissions and boards; set standards of service;
determine the procedures and standards of selection for employment; direct its
employees; take disciplinary action; relieve its employees of duties because of lack of
work or for other legitimate reasons; maintain the efficiency of governmental operations;
determine the methods, means and personnel by which governmental operations are to be
conducted; take all necessary actions to carry out its mission in emergencies; and
exercise complete control and discretion over its organization and the technology of
performing its work. These rights shall be limited only as specified in this agreement.
3.00
ASSOCIATION SECURITY
The County Auditor shall provide the Butte County Deputy Sheriff’s Association a
payroll deduction for each member of the Association who has provided a written
authorization to the Auditor for such deduction. The authorization form shall be prepared
by the Butte County Deputy Sheriff's Association and shall include sufficient information
DSA Gen MOU Final –2002-2004
1
to permit the member to understand clearly the amount and purpose of the deduction and
to permit the Auditor to have a legal record authorizing such deduction. Changes in
deduction, additions or deletions, will be done by written authorization signed by the
member. Authorizations for deductions must be received by the Auditor's Office at least
two weeks before the end of the pay period in which the deduction is to be made. The
Auditor will not make retroactive payroll deductions for the purposes specified in this
section.
3.01
4.00
Maintenance of Membership
a.
Association membership is not a mandatory condition of employment for
any employee covered by this agreement. However, any employee
covered by this agreement who is an Association member, or becomes an
Association member shall continue to pay to the Association those dues or
fees regularly charged members of the Association in good standing for
the life of this agreement. Any new employee covered by this Agreement
who, after completing thirty (30) calendar days of employment voluntarily
joins the Association, shall be subject to the same terms of continued
membership as employees above.
b.
Every employee who is a member of the Association shall have the right
to withdraw from membership during the last twenty (20) days of this
agreement. An employee who has properly withdrawn membership as
provided herein shall not be subject to the provisions of this section.
c.
Upon return from leaves of absence, the County shall reinstate the payroll
deduction of Association dues for those employees who are on dues
check-off immediately prior to taking leave, provided that the employee
has not authorized cancellation of dues check-off in accordance with the
prescribed provision of the agreement under which they were a member
has not expired.
d.
Enforcement of this section shall be the responsibility of the Association,
utilizing appropriate civil procedures. The Butte County Deputy Sheriff's
Association shall indemnify and hold the County harmless from any and
all claims, demands or suits, or any other action arising from this section.
ASSOCIATION RIGHTS
4.01
Employee Access.
The Butte County Law Enforcement Association
representatives shall have access to employees within the Unit during the
employee's normal working hours only for the purpose of assisting the member
with a formal grievance or appeal against the County when such assistance is
requested by the employee.
DSA Gen MOU Final –2002-2004
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4.02
Bulletin Boards. The Association will have access to a portion of the
departmental bulletin boards designated by the appointing authority for the
purpose of publishing meeting announcements and other organization notices.
4.03
Use of Facilities. The Association may, with prior approval of the appointing
authority responsible for a County facility, utilize meeting rooms to assemble
members during off-duty hours.
4.04
Internal Communications. The Association shall, to the extent practical, have
access to the County courier service and internal delivery of correspondence
between the Association and members, provided that such correspondence is
limited to matters of employer/employee relations and does not involve internal
employee organization business such as soliciting memberships, campaigning for
office and elections.
4.05
New Classifications. The Association shall be advised in advance of any new
position or classification to be created or changed in any way and afforded a full
and complete opportunity to meet and confer with the County relative to
negotiable matters relating to said positions or classifications.
4.06
Association Release Time Bank
Time Bank: Association members may donate vacation time, holiday time, and
compensatory time off to an Association "time bank" under the following
guidelines:
1.
Only Association officers or bargaining team members may draw from the
bank.
2.
Requests to use time from the bank must be made reasonably in advance
of the use and approval is subject to the operational necessity of the
department. Further, the County is not required to grant time bank usage if
to do so would result in overtime.
3.
Time may be used for:
a.
Bargaining preparation.
b.
Association meetings.
c.
PORAC related meetings.
d.
Releasing an employee representative to assist a member at the
formal steps of the disciplinary and grievance procedures.
4.
Except for disciplinary and grievance appeal meeting, the maximum hours
of time bank use shall be forty (40) hours per calendar year, per
individual.
The County and Association have agreed upon the
methodology for administering the time bank as set forth in Attachments
B-1 and B-2.
DSA Gen MOU Final –2002-2004
3
5.00
ASSOCIATION REPRESENTATIVES
The Association shall be allowed to designate up to three (3) employees within the unit to
serve as representatives to negotiate with the County. The Association shall provide the
Director of Human Resources with the name, classification and department assigned of
each of the negotiators. Should any changes or alternate be appointed after the original
list is established, the Association shall advise the Director of Human Resources
immediately. Employees designated as unit negotiators shall as authorized by the
Director of Human Resources be granted a reasonable release time from scheduled duties
without loss of pay to meet with the County representative during negotiations of matters
of wages, hours and conditions of employment. The County shall not be responsible for
any travel, overtime or miscellaneous cost resulting from the Association exercising this
right.
6.00
NON-DISCRIMINATION
Neither the County nor the Association shall discriminate (except as allowed by law)
against any worker because of race, age, sex, color, disability, creed, national origin,
religion, union affiliation or the right of workers to join or refuse to join the Association.
In addition, the County and Association agree to cooperate to achieve equitable
representation of women and minorities at all occupational levels within the County
Merit System.
7.00
PERSONNEL FILES
An employee or his/her representative authorized in writing shall have the right to review
the contents of the employee's personnel file during normal business hours. No material
regarding the employee's performance or conduct shall be included in the employee's
personnel file without prior notice to the employee. Employees may submit a reasonable
amount of material relevant to their job performance for inclusion in their personnel file
and shall be permitted to submit rebuttals, when appropriate, for permanent attachment to
negative materials.
8.00
HOURS OF WORK AND RESTRICTIONS
8.01
Work Schedules. The normal work schedule shall be 8:00 a.m. to 5:00 p.m. each
day of the year except Saturdays, Sundays and holidays. The normal work period
shall be eighty (80) hours per biweekly pay period for a full-time employee.
Except for overtime, callback and standby assignments, departments which
necessitate a different operational schedule shall maintain and post an employee
assignment schedule. No employee, except in case of emergency, shall be
required to work a different work schedule than assigned unless the employee has
been notified at least ten (10) days in advance of the change in work schedule.
DSA Gen MOU Final –2002-2004
4
9.00
8.02
Special Schedules. Employees may, at the discretion of theAppointing
Authority, be assigned either an eight (8), nine(9) or ten (10) hour work day
which may include a paid meal break during the mid-portion of the shift.
8.03
Meal Break. If an employee is assigned four (4) or more hours overtime work
continuous to the employee's regular work shift, the employee shall be permitted
at the end of each four (4) hour overtime period a one-half (1/2) hour meal break,
the time to be considered work time. This section shall not apply to employees
on call, or employees attending or traveling to meetings, or training sessions.
OVERTIME
9.01
Eligible Positions. All positions in classifications designated in the Association’s
General Unit.
9.02
Overtime Defined. Overtime is any work of at least twelve (12) minutes in
excess of eight (8) hours per day or forty (40) hours per week. For employees
whose normal assigned work day is in excess of eight (8) hours, overtime shall be
work of at least twelve (12) minutes beyond the normally assigned hours. For the
purpose of calculating overtime, all paid time off with the exception of sick leave
shall be considered hours worked.
9.03
Overtime Authorization. Employees shall be required to work overtime when
assigned by the appointing authority or designated representative. No employee
shall work overtime without prior approval of the appointing authority or
designated representative.
9.04
Overtime Compensation.
9.04.01 Overtime Rate
Employees shall be compensated for overtime at one and one-half (1-1/2)
times their regular rate of pay as defined in the Fair Labor Standards Act.
Overtime compensation may, at the discretion of the appointing authority,
be paid with regular wages in the pay period in which it was earned or be
credited as Compensatory Time Off (CTO).
The maximum CTO for Deputy Sheriff, District Attorney's Investigator I
& II, and Sheriff's Sergeant shall be 480 hours.
9.04.02 Double Shifts
Except in cases of emergency, no employee will be required to work more
than double the hours in their normal shift within a twenty-four (24) hour
period. For example, an employee working a ten (10) hour shift would not
be required to work more than twenty (20) hours. In such cases of
DSA Gen MOU Final –2002-2004
5
emergency, employees shall be paid double time for those hours worked in
excess of a double shift.
9.05
Accumulated Compensatory Time Off. An employee who has requested use of
accumulated CTO shall be permitted by the appointing authority to use such time
within a reasonable period unless the request unduly disrupts departmental
operations. Denial of CTO usage is subject to the grievance procedure. Should
arbitration result in a finding the County was arbitrary, capricious or
discriminatory in denying the CTO request, the arbitrator may award a penalty of
1.33 times the amount of CTO requested and denied. In addition, at the time such
arbitration award is made against the County, the employee may, within five (5)
days of the award, request payment for any or all CTO on accrual at the time.
Once an employee has reached the cap of 480 hours of CTO, the appointing
authority may require the employee to take off any excess hours during the work
week in which it is earned. Any CTO accumulation in excess of the 480 hour cap
which is not taken in the work week in which it is earned, shall be paid with
regular wages in the pay period in which it is earned.
9.06
Fringe Benefits Not Affected By Overtime. Overtime work shall not be a basis
of increasing vacation, sick leave, or other benefits, nor shall it be the basis for
advancing completion of the required period for probation or salary step
advancement.
10.00 VACATION LEAVE
10.01 Accrual
Effective the first pay period in January, 2003, each regular full-time employee
covered by this Memorandum of Understanding shall accrue vacation leave as
follows:
a. 3.3846 hours of vacation for each biweekly pay period in paid status until
completion of five (5) years of continuous service.
b. 4.9230 hours of vacation for each biweekly pay period in paid status after
completion of five (5) years of continuous service and until completion of ten
(10) years of continuous service.
c. 6.4615 hours of vacation for each biweekly pay period in paid status after
completion of ten years of continuous service.
d. 7.0769 hours of vacation for each biweekly pay period in paid status after
completion of twenty (20) years of continuous service.
DSA Gen MOU Final –2002-2004
6
The maximum vacation accrued on December 31 of any year shall be two times the
earning rate.
10.02 Vacation Eligibility. An employee who has less than six (6) months of
uninterrupted service shall not be entitled to a vacation.
10.03 Vacation Carryover. When a unit employee is unable to take scheduled
vacation during a calendar year due to unusual and extenuating departmental
needs which result in the employee's annual vacation accrual to exceed the
maximum limits authorized, the department head shall advise the Auditor that the
employee will exceed the annual vacation accrual limits and shall schedule the
excess accrual vacation days to be taken off between the period January 1 and
March 31 of the new calendar year. Should the employee voluntarily choose not
to take the scheduled vacation during the extension period, the excess accrual
days shall be forfeited. Should a department head, as a result of emergency needs
of the County, be unable to schedule the excess accrual vacation days during the
extension period, the employee shall be paid for the excess accrual of vacation
days following the end of the extension period, the employee shall cease to accrue
vacation time until the vacation accruals fall below twice the employees accrual
rate. Should a department head, as a result of emergency needs of the County, be
unable to schedule the excess accrual vacation days off during the extension
period, the employee shall be paid for the excess accrual of vacation days
following the end of the extension period.
10.04 Vacation Payout. Upon termination, employees shall be compensated for all
unused vacation accrual and entitlement at their current rate of pay.
10.05 Vacation Scheduling. Vacations shall be scheduled at the request of the
employee and with the approval of the department. A departmental vacation
schedule shall be arranged with time preference given to employees on the basis
of seniority.
10.06 Lateral Transfers. Individuals laterally transferring from an outside agency as a
peace officer into a peace officer position with the Butte County Sheriff’s
Department or the District Attorney’s Office may be provided two (2) weeks
accrued vacation at the time of hire in addition to the regular accruals. Eligibility
to use vacation accruals shall remain unchanged. If hired into a less than full-time
position, these accruals shall be calculated on a pro-rated basis.
11.00 SICK LEAVE
11.01 Sick Leave Accrual. Regular employees shall earn sick leave at a rate of 3.6923
hours per biweekly pay period (12 days per year). Sick leave may be
accumulated without limit during a continuous period of employment.
DSA Gen MOU Final –2002-2004
7
11.02 Sick Leave Eligibility. Only regular help employees shall earn sick leave.
Regular help employees working less than full time shall earn sick leave on a pro
rata basis.
11.03 Uses of Sick Leave. Sick leave shall not be considered a privilege to be used at
the employee's discretion. It shall be allowed only in case of necessity for actual
sickness or disability.
Whenever a regular employee believes it necessary to be absent from duty
because of the critical illness of an immediate family member or qualifying
domestic partner, the employee may request permission of the appointing
authority to be absent for not more than forty-eight (48) cumulative hours per
calendar year with pay; unless otherwise provided for by the FMLA or CPRA.
Any time off shall be charged against sick leave.
11.04 Reporting Requirement. Except in an emergency in order to receive sick leave
compensation while absent, the employee shall notify the appointing authority
prior to or within four (4) hours after the time set for the beginning of the
employee's work shift.
11.05 Medical Reports. The employee shall, upon request, file a physician's certificate
with the appointing authority stating that the absence was medically necessary
and the employee's physical ability to return to work on a full or light duty basis.
11.06 Payment of Sick Leave. Sick leave time shall be charged to the employee's
accrual and paid at the employee's current rate of pay. Employees who exhaust
sick leave with pay may use any accrued vacation or compensatory time off.
11.07 Sick Leave Buy-Back Option. Upon retirement or termination in good standing
an employee who has on accrual more than two hundred forty (240) hours of sick
leave may be compensated for that portion over thirty (30) work days at one-half
(1/2) the normal rate of pay for the employee up to a maximum of Three
Thousand Dollars ($3,000.00).
11.08 Lateral Transfers. Individuals laterally transferring from an outside agency as a
peace officer into a peace officer position with the Butte County Sheriff’s
Department or the District Attorney’s Office may be provided 96 hours accrued
sick leave at the time of hire in addition to the regular accruals. If hired into a less
than full-time position, these accruals shall be calculated on a pro-rated basis.
12.00 LEAVES OF ABSENCE
12.01 Bereavement Leave. Whenever a regular employee believes it necessary to be
absent from duty because of the death of a member of the employee's immediate
family, the employee may request permission of the appointing authority to be
absent for not more than five (5)working days with pay for each occasion. Any
DSA Gen MOU Final –2002-2004
8
time used in this manner shall not be charged to sick leave or vacation, but shall
be documented and recorded as bereavement leave.
The County shall amend Section 13.3 of the Butte County Personnel Rules to
allow the use of bereavement leave in the case of the death of individuals, other
than those already listed, living in an employees household as a family member
and to include brother-in-law and sister-in-law and son-in-law and daughter-inlaw. Approval shall be on a case-by-case basis by the Director of Human
Resources in his/her sole discretion.
12.02 Paternity Leave. In concert with the Family Care & Medical Leave Policy,
employees may use accrued sick leave when the employee's spouse gives birth.
Leaves shall not exceed five (5) days if such leave does not qualify under the
provisions of the County’s FCML policy.
12.03 Industrial Disability Leave Without Pay (Workers Compensation). Each
regular employee who is injured or contracts an industrial illness on duty shall be
granted an unpaid disability leave by the appointing authority from the time
accrued leave benefits are exhausted until the employee is released to return to
work, or the employee is declared permanent and stationary, or a compromise and
release is signed, whichever occurs first. Employees shall accrue no benefits
while in this status except as provided by the Personnel Rules. The appointing
authority shall notify the Director of Human Resources of such leave.
12.04 Military Leave. Military leave shall be granted in accordance with the
provisions of state law. All employees entitled to military leave shall give the
appointing authority an opportunity within the limits of such military regulations
to determine when such leave shall be taken and shall provide the appointing
authority with a copy of the military orders.
12.05 Family Care and Medical Leave. The County and Association have agreed on
the County’s Family Care and Medical Leave Policy (FCML) as set forth in
Attachment C.
12.06 Jury and Witness Leaves (Non-job Related). Employees shall notify their
appointing authority immediately upon receiving notice of jury duty or call as a
witness. Regular employees who served on a jury or are served with a subpoena
which compels their presence as a witness, unless they are a party to the court
action or an expert witness, shall be granted a leave of absence with pay in the
amount of the difference between the employee's regular earnings and the amount
received for such appearances. Employees called for such court appearance may
retain the court paid mileage fees provided they did not use a County vehicle or
claim County mileage for such appearance. If called to jury or witness service, a
regular employee may elect to:
DSA Gen MOU Final –2002-2004
9
a.
Receive the jury or witness fee and also full salary payments chargeable to
vacation or compensatory time.
b.
Receive the jury or witness fee and authorize the County Auditor to deduct
the fees from their salary or wages and receive the paid leave.
Regular employees called to jury duty or as a witness during normal
working hours are in each instance required to collect fees for such service
to the extent authorized by the court and to advise their appointing
authority.
12.07 Paid Administrative Leave.
An appointing authority or designated
representative, in his/her sole discretion, may, when extraordinary circumstances
exist and necessary for the operation of the department, place an employee on
paid administrative leave, subject to call.
13.00 HOLIDAYS
13.01 Designated Holidays. The following shall be paid holidays:
1)
New Year's Day
January 1
2)
Martin Luther King Birthday Third Monday in January
3)
Washington's Birthday
Third Monday in February
4)
Cesar Chavez
March 31
5)
Memorial Day
Last Monday in May
6)
Independence Day
July 4
7)
Labor Day
First Monday in September
8)
Veterans' Day
November 11
9)
Thanksgiving Day
Designated Thursday in November
10)
Post-Thanksgiving Day
Friday following Thanksgiving Day
11)
Christmas Day
December 25
12)
Every day appointed by the President and/or Governor and the Board for a
public fast, thanksgiving or holiday when the day is celebrated as a State
or Federal Holiday. Days declared as permanent Federal holidays shall be
observed as County holidays.
DSA Gen MOU Final –2002-2004
10
When a designated holiday falls on Sunday, the following Monday shall be
observed. When a designated holiday falls on a Saturday, the preceding Friday
shall be observed.
Effective in 2003 only, Unit employees will receive a four hour (4) holiday on
Christmas Eve and an eight (8) hour holiday on December 26th.
Each full time employee shall receive eight (8) hours credit for each of the
holidays listed above; except for individuals on the 4/10 plan who shall receive
credit for 10 holiday hours.
13.02 Personal Holidays. In addition to the designated holidays, each regular
employee shall be entitled up to twenty-four (24) personal holiday hours (30
hours for 4/10 personnel) per calendar year. Regular employees, employed as of
January 1 of each year shall be credited with twenty-four (24) personal holiday
hours (30 hours for 4/10 personnel) per calendar year. Employees hired between
January 1 and April 30 shall be credited with sixteen (16) personal holiday hours
(20 hours for 4/10 personnel) for the remainder of the calendar year. Employees
hired between May 1 and August 31 shall be credited with eight (8) personal
holiday hours (10 hours for 4/10 personnel) for the remainder of the calendar
year. Employees hired between September 1 and December 31 shall receive no
personal holiday credits for the calendar year during which they were hired. No
employee shall receive more than twenty-four (24) personal holiday hours (30
hours for 4/10 personnel) in any calendar year. An appointing authority may
require an employee to provide ten (10) days notice in advance of the personal
holiday. In the event of an emergency an appointing authority may deny the
employee's personal holiday. Personal holidays shall be scheduled and taken off
within the calendar year to which they were credited. Employees shall not be
compensated in pay for personal holidays in lieu of time off. Employees
returning from an approved extended leave of absence shall be subject to this rule.
13.03 Eligibility for Holiday Pay. Each regular employee in a compensated
employment status on the assigned work day immediately preceding and the
assigned work day immediately following a designated holiday shall be entitled to
compensation for the designated holiday.
13.04 Holiday Compensation. Regular employees required to work on a designated
holiday or whose regular scheduled day off falls on a designated holiday shall, at
the discretion of the appointing authority, be entitled to equivalent compensated
time off scheduled either the day preceding the designated holiday or to accrue
the pay for future use. Employees will be allowed to maintain up to 110 hours
of holiday time prior to mandatory pay. Upon mutual agreement of the employee
and County, employees may receive payment for holiday time in lieu of time off.
DSA Gen MOU Final –2002-2004
11
14.00 COMPENSATION
14.01 Salary .
Effective September 28, 2002, the unit salary schedule shall be modified as
follows:
Intermediate POST Certificate. Employees possessing the Intermediate POST
Certificate shall have their base salaries increased by two and a half (2.5%)
percent.
Advanced POST Certificate. Employees possessing an Advanced POST
certificate shall receive two and a half (2.5%) percent.
Salaries shall remain unchanged, subject to negotiations pursuant to Section30.
14.02 Shift Differential. Employees required as part of a regular work schedule to
work a majority of their shift between the hours of 5:00 p.m. and 7:00 a.m. shall
receive in addition to regular pay one dollar ($1.00) for each hour of the shift
worked as shift differential compensation. Employees shall not be entitled to shift
differential compensation while on sick leave, vacation or other paid leaves. The
reassignment by the appointing authority of an employee from a shift covered by
differential compensation to a shift not covered by differential pay shall not be
considered as a demotion or loss of pay and shall not be subject to the grievance
or appeal process. This assignment will also apply to temporary shift assignment
(non-overtime hours) because of operational need (i.e. emergency flood
assignment).
14.03 Temporary Assignment in Higher Paid Classification. Whenever an employee
is assigned in writing by their supervisor or acting supervisor to work in a higher
classification and, therefore, performs substantially all of the duties of the higher
classification for a period of more than twelve (12) cumulative working days in a
fiscal year, the employee shall be entitled to be compensated with an additional
five percent (5%) over their current rate of pay beginning with the thirteenth
(13th) day of assignment.
14.04 Bilingual Pay Differential. When it has been determined that an employee's use
of bilingual language skills or specialized communications skills are essential and
critical for the successful performance of job duties, a bilingual differential shall
be paid at a rate of $8.00 per day ($80.00 per pay period) of compensated service.
DSA Gen MOU Final –2002-2004
12
14.05 Callback.
14.05.01 Overtime and Callback
An employee who is physically required to return to work on an
overtime basis shall receive either a minimum of two hours straight pay
or time off, or time and one-half pay or CTO for the time actually
worked, whichever is greater.
14.05.02 Callback on Regular Day Off
Employees called back to work on their regular day off will receive a
minimum of three (3) hours straight pay or time off, or time and onehalf pay or CTO for the time actually worked, whichever is greater.
14.06 Standby Pay. Employees required to be on standby shall receive Forty Dollars
($40.00) for each eight (8) hour period or portion thereof. Employees placed on
standby status shall keep the appointing authority advised of their location during
the shift and shall respond to duty within one (1) hour from the time of
notification. Employees returning to work from standby status shall not be
eligible for callback pay as specified in Section 12.14(i) of the County Personnel
Rules.
14.07 Field Training Officer. Individuals assigned as Field Training Officers shall
receive Eight Dollars ($8.00) per shift while actually performing FTO
responsibilities. The reassignment by the appointing authority from a paid FTO
activity to a non-FTO activity shall not be considered as a demotion or loss of pay
and shall not be subject to the grievance or appeal process.
14.08 Investigation Assignment. Deputy Sheriffs and Sheriff's Sergeants assigned to
investigations shall receive five percent (5%) assignment pay. The reassignment
by the appointing authority from an investigation assignment to a noninvestigation assignment shall not be considered as a demotion or loss of pay and
shall not be subject to the grievance or appeal process.
14.09 Bomb Squad. Individuals assigned to the bomb squad will receive a differential
of One Hundred Dollars ($100) per month. The reassignment by the appointing
authority from a bomb squad assignment to a non-investigation assignment shall
not be considered as a demotion or loss of pay and shall not be subject to the
grievance or appeal process.
14.10 Gang Assignment. Deputy Sheriffs and Sheriff's Sergeants assigned to Gang
Assignment shall receive five percent (5%) assignment pay. The reassignment by
the appointing authority from an gang assignment to a non-gang assignment shall
not be considered as a demotion or loss of pay and shall not be subject to the
grievance or appeal process.
DSA Gen MOU Final –2002-2004
13
14.11 Canine Compensation. Individuals assigned to the Canine Unit will be paid for
an additional forty (40) minutes per day as full and complete compensation for all
time spent caring for the assigned animal during the employee’s off duty hours.
This will include feeding, cleaning, brushing, and miscellaneous home training.
No employee shall spend more than the allocated forty (40) minutes per day with
the express written authorization of their supervisor.
This time shall be paid at the rate of the current federal minimum wage per hour
(at straight time or to be calculated at time a half when appropriate). The routine
reassignment by the appointing authority from a Canine assignment to a noncanine assignment shall not be considered as a demotion or loss of pay and shall
not be subject to the grievance or appeal process unless presented as a punitive
action.
14.12 Information Systems Assignment. A regular employee assigned to perform the
principle information systems function in the department or division and who is
not classified as an information systems position shall receive an additional 5%
compensation calculated on base pay. The assignment must be made in writing
and approved by the department head. The additional compensation shall
commence the first day of written assignment, providing said assignment is for a
minimum of two consecutive pay periods.
15.00 UNEMPLOYMENT INSURANCE
Unit employees shall be covered by unemployment insurance pursuant to state law. The
purpose of this coverage is to provide benefits to former employees who are no longer
employed through no fault of their own. Employees who terminate from County
employment shall complete termination forms and procedures as required by the
Personnel Department.
16.00 HEALTH PLAN
16.01 Employee Health Plan Eligibility
All regular employees assigned to a one-half (1/2) time or more position and the
employee's dependents shall be entitled to participate in the County-sponsored
cafeteria plan. Employees working less than full-time and hired after November
1, 1987, shall receive pro-rated health contributions rounding to the nearest onequarter time: i.e. Either fifty percent (50%), seventy-five percent (75%), or one
hundred percent (100%) of the County contribution for full-time employees.
Eligible employees enrolling in the program within thirty (30) days following
their appointment will be covered subject to the contract limitation with the health
plan carrier. Coverage shall commence when the employee is eligible for
coverage under PERS and the health plan carriers’ rules. Employees enrolling
after the sixty (60) day enrollment period will be eligible for coverage on the first
DSA Gen MOU Final –2002-2004
14
day of the month following a ninety (90) day waiting period which will begin
upon receipt of all necessary enrollment documents by the Department of Human
Resources, unless the employee can certify a qualifying loss of other coverage.
16.02 Description
The Butte County Flexible Benefits Plan (hereafter "Cafeteria Plan") is available
to all employees in regular-help positions (hereafter "employee"). There will be
two (2) participation levels, identified as Employee "A" and Employee "B" as per
Section 16.03. Once the selection is made, it will remain in force until the next
open enrollment period. The fee for a third party administrator will be paid by
the County.
The basic group term life insurance in the amount of Twenty Thousand ($20,000)
Dollars will continue to be provided at County expense and will not be part of
the Cafeteria Plan.
16.03 Participation Levels
Employee A - CORE PLAN
The County will pay the first $32.20/month of the premium for the medical
coverage elected through PERS. If the employee elects medical coverage, then
the employee must participate in a dental plan option and the vision insurance
(Core Plan).
The County will pay to Employee’s Flexible Benefit Account the following
amounts:
Employee only
Employee plus one
Family
January, 2002 January, 2003
$217.54/mo
$267.54
$369.60/mo
$469.60
$501.77/mo
$631.77
January, 2004
$311.34
$558.40
$750.57
Employees that have elected to participate in the "Core Plan" can also elect to
participate in optional benefits. If the employee has any surplus Flexible Benefit
Account credits after making all elections required to participate in the health
insurance, the employee can use that surplus toward the Flexible Benefit Options
listed in the Flexible Benefit Options Exhibit. Employees that wish to participate
in the optional benefits in the plan, with the exception of the cash back option, but
do not have any surplus credits, can elect to have pre-tax payroll deductions in an
amount to cover the cost of their elections.
DSA Gen MOU Final –2002-2004
15
Employee B - FLEXIBLE BENEFIT OPTIONS
Employees who elect not to participate in Option A will be asked to sign a waiver
and will be required to provide proof of medical insurance (see Section 16.04).
They will have an opportunity to participate in the Flexible Benefit Options listed
in the Flexible Benefit Options Exhibit.
The County will provide an employer flex credit monthly contribution of Two
Hundred Sixty ($260) Dollars per month for "employees" who elect option B.
Effective January, 2004, the Employer Flex Credit amount will increase to Two
Hundred Ninety ($290) Dollars per month. Employees can use this contribution
toward any of the Flexible Benefit Options listed in Exhibit I. Employees that
wish to participate in the Flexible Benefit Options, with the exception of the cash
back option, but do not have sufficient flex credits, can elect to have pre-tax
payroll deductions in an amount to cover the cost of their elections.
16.04 Administration
a)
No benefits will be paid to employees in Category B until proof of
insurance is on file in the Personnel Office.
b)
Part-time regular help employees will receive proportional benefits as
provided above. All employees assigned to a one-half (1/2) time or more
position, and the employees' dependents, shall be entitled to participate in
the County's Flexible Benefits Plan as set forth in 16.01 above. This
section does not affect part-time employees grandfathered into full-time
benefit status under Section 16.01 of the MOU.
c)
Any money deposited in the Flexible Benefits Account of an employee
must be used during the plan year; otherwise, the remaining balance
reverts to the County. Upon separation, the money will be disbursed in
conformance with the rules and procedures explained to and authorized by
the employee at the time of his/her enrollment.
16.05 Retired Employee Options
Employees who retire under the provisions of the County's retirement contract
with the Public Employees' Retirement System (PERS) may continue to insure
themselves and their insured dependents for the health benefit portion of the
health plan by advising the Director of Human Resources and advancing the full
health insurance premium for quarterly coverage for the employee (and
dependents, if applicable).
As an option to the sick leave buy-back plan specified in Section 11.07 of the
Memorandum, the employee may convert unused sick leave to health insurance
premium payments as follows: The County shall calculate the value of the
DSA Gen MOU Final –2002-2004
16
employee's unused sick leave based on one day of sick leave on accrual on the
date of retirement being converted to one month of employee only health
insurance premium. This conversion shall be made at the time of retirement, and
the amount shall be credited to the employee's "account." The employee's (and
dependents, if applicable) health insurance premium, and any future premium
increases, will be deducted from the account until the account is depleted. Upon
depletion, the employee will be notified that they are responsible for assuming
payment of the premiums. To continue on the plan, the employee shall advance
the full health insurance premium for quarterly coverage for the employee (and
dependents, if applicable).
Employees having ten (10) years of cumulative service with Butte County who,
upon termination, immediately retire under the provisions of the County's
contract with the Public Employees' Retirement System shall be eligible for the
twelve (12) months of County paid health premiums (employee only)
immediately following retirement, and may also continue to insure their
dependents by advising the Director of Human Resources and advancing the
dependents portion of the health insurance premium for quarterly coverage for
that year, or by deducting the dependents portion from the employee's "account".
The employee may cover either the employee only or the employee and insured
dependent(s) under this section to the Medicare Supplemental Qualifying age
Rights to continuation of health coverage above are in addition to any right the
employee has under COBRA.
16.06 Benefit Plan Review Committee The County-wide Benefit Plan Review
Committee shall consist of one employee representative and one alternate to be
appointed by each bargaining unit and one representative to be appointed by the
non-represented management employees. The Director of Human Resources
shall also serve as a committee member. Upon the Committee's request, the
County's benefits consultant, representatives from other health plans and the
employee organizations will also attend meetings. No other individuals shall
attend the Committee's meetings.
The Committee shall obtain necessary data and information on benefit issues.
The Committee shall be advisory to the Board of Supervisors and the recognized
labor organizations. The County and Association shall continue to explore
possible expansion of flexible benefit programs through the Benefit Plan Review
Committee. Decisions as to health insurance providers, County insurance
contributions, etc., shall be determined through the meet and confer process
between the County and the individual bargaining units.
17.00 RETIREMENT
17.01 Retirement Plan. The County agrees to maintain the retirement plan (3% @ 50)
currently in effect. Effective approximately March 1, 2003 the County agrees to
DSA Gen MOU Final –2002-2004
17
implement the 3% at 50 retirement formula for District Attorney Investigator
classifications.; Concurrently District Attorney Investigator classifications shall
have their salaries reduced by two (2%) percent.
17.02 Retirement Contribution.
a.
The County will pay the employee's nine percent (9%) modified PERS
contribution in a manner prescribed by PERS.
b.
During the term of this agreement, the County will allow implementation
of a mutually acceptable method of allowing retirement to be calculated as
compensation for retirement purposes. Any such conversion will be done
on a cost neutral basis to the County.
17.03 Retirement Credit for Sick Leave. An employee may, upon retirement from the
County under PERS , use any sick leave accumulation not used as part of the
calculated options for cash out or sick leave conversion as service time in
accordance with the PERS formula.
18.00 REIMBURSEMENT OF EXPENSES
18.01 Mileage Reimbursement. An employee who has received authorization to use a
privately-owned vehicle for County business, shall be reimbursed at the IRS rate
for each mile driven on County business during the month.
18.02 Professional Organizations Fee Reimbursement. Subject to the approval of the
Department Head, an employee may be reimbursed up to $30.00 for each
professional fee as outlined below. Claims for fee reimbursement shall be
submitted to the department pursuant to County policy. The following is a list of
approved associations:
Organization
Calif. Homicide Invest. Assn.
Calif. DA Invest. Assn.
Calif. Welf. Fraud Inv. Assn.
Calif. Check Invest. Assn.
Calif. Check Enforcement Assn.
Calif. Coroners Assn.
Calif. Narcotics Assn.
DSA Gen MOU Final –2002-2004
18
Calif. Internal Affairs Assn.
Calif. Canine Officers Assn.
Calif. Law Enforcement Background Investigation Assn.
Calif. Sexual Assault Investigators Association
Calif. Warrant Officers Assn.
Calif. Court Security Officers Assn.
Calif. Juvenile Officers Assn.
Calif. DARE Officers Assn.
International Assn. of Bomb Technicians
Airborne Law Enforcement Assn.
Law Enforcement Training Officers Assn.
Calif. Armed Rotary Assn.
Calif. Second-Hand Dealers Assn.
Calif. Cattle Theft Assn.
Calif. Corrections Assn.
Calif. Law Enf. Trng. Mgmt. Assn.
No. Calif. Narcotics Assn.
Natl. Assn. of Search & Rescue
18.03 Expense Reimbursement.
a.
An appointing authority may assign and direct an employee to attend and
participate in mandatory training courses. Failure or refusal of the
employee to participate or attend the training courses may result in
disciplinary action
b.
When an employee is directed to attend mandatory training, the employee
shall be provided a one hundred percent (100%) cash advance of the
DSA Gen MOU Final –2002-2004
19
expected cost of the training, including travel, meals, lodging and
registration or incidental fees as required.
c.
Should the cash advance exceed the "actual" cost of the training
assignment, employees shall upon return from the training, provide the
County a cash reimbursement of the unused amount. In the event the
employee fails or is unable to refund the unused portion of the cash
advance, the Auditor shall deduct that amount from the employee's next
scheduled paycheck.
18.04 Meal Reimbursements. Employees shall receive meal reimbursements for POST
reimbursed meals at the POST reimbursement rate. Non-POST reimbursement
rates shall be paid at the rate of Forty ($40.00) Dollars per day for all unit
personnel.
18.05 Tuition Reimbursement. Upon approval of the Department Head employees
enrolled in college classes or courses which are job related shall be entitled to
reimbursement of one-half (1/2) of the cost of required instructional materials or
tuition, upon proof of successful completion of the class or course, up to a
maximum of $500 per fiscal year.
19.00 OUTSIDE EMPLOYMENT
19.01 Authorization. No regular full-time employee of the County shall engage in any
occupation or outside activity which is incompatible with County employment.
Any employee who proposes to engage in an occupation or outside employment
for compensation, shall inform the appointing authority in advance of the nature
of such employment.
The appointing authority shall, after making a
determination whether or not such employment is in conflict with County
employment, approve or disapprove the employee's request for outside
employment. A copy of the approval or disapproval shall be forwarded to the
Director of Human Resources to be included in the employee's personnel file.
Regular employees of any County department may be employed as extra-help
employees in the same or any other County department, with the approval of all
involved department heads and the Director of Human Resources. Hours worked
as extra help shall not count for retirement purposes, seniority purposes or
overtime computation purposes.
19.02 Restricted Activities. Law enforcement employees shall not engage in any
illegal activities or any outside employment or business involving the sale of or
distribution of alcoholic beverages, any investigative work for an attorney,
insurance companies, bail bond agencies or individuals involved in criminal or
civil actions. Employees failing to comply with this section may be subject to
disciplinary action.
DSA Gen MOU Final –2002-2004
20
20.00 SENIORITY AND LAYOFF PROVISIONS.
The provision set forth in the County Merit System Rules and Procedures concerning
seniority and layoffs shall apply in all cases with the following exceptions.
a.
Whenever an employee voluntarily demotes in rank in lieu of layoff as a result of
a reduction in force, such employee's name shall be placed on a reinstatement
layoff list for the higher position pursuant to Merit System Rules. However,
should the employee subsequently terminate from County employment during the
life of the layoff list, such employee's name shall be removed from the
reinstatement list.
b.
Whenever an employee voluntarily demotes in lieu of layoff then subsequently is
reinstated to the higher class in which the employee previously served as a
probationary employee, such employee shall have all previous time served in
probation for such class as time toward completion of the required probationary
period provided:
1.
The employee previously completed at least two (2) months of the required
probation period.
2.
Reinstatement occurred within six (6) months of voluntary demotion in
lieu of layoff.
3.
The employee did not terminate from County employment but was reduced
in rank to a position within the same department.
21.00 DISCIPLINARY ACTION
21.01 Right to Representation. The County shall advise the employee of their right to
be represented by the Association for the following:
a.
At any meeting in which disciplinary action is to be imposed or might
reasonably be expected to be imposed.
b.
At step one and beyond of the grievance procedure. If the employee elects
to have representation present, and none is immediately available, the
meeting will be postponed for up to twenty-four (24) hours, not including
Saturdays, Sundays or holidays, in order for the employee to obtain
representation. Nothing herein shall be construed to preclude the
department and employee, after due consideration of the facts and
circumstances of the department's allegations, from abandoning or
modifying the proposed disciplinary action.
DSA Gen MOU Final –2002-2004
21
21.02 Notice to the Union. Upon receiving notification of disciplinary action, the
Director of Human Resources shall notify the Association of the disciplinary
action. Failure to notify the Association shall not effect the taking of such action.
21.03 Appeal of Disciplinary Action. An employee or the Association may appeal the
taking action against an employee pursuant to the steps of the Grievance
procedure, commencing at the step above the level at which the disciplinary
action was taken or imposed.
21.04 Definition of Discipline. Disciplinary action means dismissal (except for
probationary release or rejection, including promotional probationary
release),demotion (except for demotion due to layoff or reduction in force),
reduction in salary, suspension without pay and written reprimand. Disciplinary
action may be taken by the department head or designee for just and reasonable
cause as set forth in the County Personnel Rules.
21.05 Oral and Written Reprimand and Evaluation. Oral and written reprimands
and evaluations shall not be subject to an appeal or grievance. Employees shall
have the right to submit, within thirty (30) days after receipt, a reasonable amount
of response and rebuttal material for inclusion in the employee's personnel file.
21.06 Pre-Disciplinary Notice. An appointing authority or designee proposing
disciplinary action against an employee of demotion, discharge, or a suspension
of five (5) days or more , shall first serve the employee with written notice of the
proposed disciplinary action. The written notice shall include the right to respond
to the appointing authority. The notice shall be served at least five (5) days prior
to the effective date of the proposed disciplinary action. Service may be done
personally or by certified mail. An appointing authority or a designated
representative taking disciplinary action against an employee may, when it is
necessary for the operation of the department, or to conduct an investigation into
the allegation, assign the employee to less critical duties during the five (5) day
review period. When extraordinary circumstances exist that require the
immediate removal of the employee from the premises, an appointing authority or
a designated representative may place the employee on paid suspension subject to
call not to exceed five (5) days. If it is required to provide for full investigation of
the allegations made against the employee and it is necessary for the operation of
the department, the five (5) day period for reassignment or paid leave may be
extended incrementally with prior approval of the Director of Human Resources.
Notice shall clearly specify the action taken, the reasons for the action including
the particular facts and specific incident(s) involved and the effective date of the
action. If the proposed disciplinary action is a demotion, the notice shall include a
statement as to the duties to be performed and the salary for the position. The
notice shall also advise the employee that a copy of the material(s) upon which
the action is taken is either attached or available for review upon request during
normal business hours. The notice also shall advise the employee of their right to
DSA Gen MOU Final –2002-2004
22
be represented and to respond in the pre-disciplinary hearing as described below
prior to the effective date of the action, and the right to appeal or grieve as the
case may be.
Copies of all notices and reply shall be forwarded to the Director-Human
Resources.
21.07 Pre-Disciplinary Hearing. Prior to the effective date of the proposed
disciplinary action, an employee or Association may request the department head
or designee to hold a pre-disciplinary hearing for purposes of allowing the
employee to respond to the allegation. Such hearing shall be promptly scheduled
and held. The employee may be represented at the hearing.
22.00 GRIEVANCE PROCEDURE
22.01 Intent. An employee (or employees) shall have the right to present a grievance
pursuant to this procedure. The employee (or employees) may be represented by
an individual of their choice at step one and beyond of this procedure; provided
however, that employees may not be represented by officers or staff who are
employees of other employee organizations which represent other County
bargaining units. Employees who present a grievance shall not suffer reprisal or
other punitive action by the County or the Union because of the exercise of the
right to present or appeal a grievance. An employee (or employees) who have a
grievance shall be given reasonable time off without loss of pay or benefits to
present the grievance to County management pursuant to this procedure.
22.02 Definition and Scope of Grievance.
a.
A Grievance may be filed by an employee, a group of employees or, under
circumstances described in Section 22.06 of this section, by the
Association/Union of a management interpretation or application of this
Memorandum of Understanding, the County Personnel Ordinance or the
Personnel Rules.
b.
Specifically excluded from the grievance procedure are subjects involving
the amendment of state or federal law; Board of Supervisor’s resolution,
ordinance or minute order; disciplinary actions except as provided for in
Section 21.00; performance evaluations; denial of merit increases;
discriminatory acts; or other matters which have other means of appeal.
22.03 Grievance Procedure Steps. The grievance procedure shall consist of the
following steps, each of which must be completed prior to any request for further
consideration of the matter. However, the County and Association/Union may
agree to start the grievance procedure at any step on issues involving
Association/Union rights. Further, County management is required at all formal
levels of the grievance procedure to consult with the Director of Human
DSA Gen MOU Final –2002-2004
23
Resources, or their designee, concerning the relationship of the grievance to
Federal, State, or County law, resolution or minute order or Memorandum of
Understanding to the employee’s wages, hours or conditions of employment. The
Director of Human Resources shall also provide advice as to the effect of any
proposed grievance settlement on other County departments. No grievance
resolution shall be final until this consultation step has been completed. Time
limits set forth herein are not waived pending consultation with the Director of
Human Resources or their designee.
Notice that County intends to enforce this portion of the contract: Prior to filing
the formal grievance pursuant to Step 1 below, the employee is required to
informally discuss the matter with their supervisor to determine if the issue may
be resolved. If the supervisor, however, is not available to meet with the
employee or does not respond within five (5) days, the employee may formally
file the grievance in accordance with Step 1 or 2 below, whichever is appropriate.
Step (1)_ Second-level Management Representative.
(This step is optional and may be omitted from the procedure in a department or a
division thereof by the appointing authority. The County shall provide the
Association/Union with a written list of those departments which will utilize this
step.) If the issue is not settled by informal discussion, it may be formally
submitted to the second level management representative designated by the
appointing authority. The grievance shall be submitted within fifteen (15) days of
the occurrence or the employees knowledge of the occurrence which gives rise to
the grievance. It shall be submitted formally in writing stating the nature of the
grievance and the suggested solution. Within seven (7) days after receiving the
written grievance, the second-level management representative shall meet with
the employee. Within seven (7) days thereafter a written decision shall be
delivered to the employee.
Step (2) _Appointing Authority.
If the grievance is not settled under the Step 1 option, it may be formally
submitted to the appointing authority. The grievance shall be submitted within
seven (7) days after receipt of the written decision from Step 1. Within seven
(7) days after receipt of the written grievance, the appointing authority or
designated representative shall meet with the employee. Within seven (7) days
thereafter, a written decision shall be delivered to the employee.
Step (3) Mediation
If the grievance is not resolved after Step 2, as an alternative to proceeding
directly to Step 4, Arbitration, the grievance may be submitted to mediation. A
request for mediation may be presented in writing to the Human Resource
Director within seven (7) calendar days from the date a decision was rendered at
DSA Gen MOU Final –2002-2004
24
Step 2. As soon as practicable thereafter, or as otherwise agreed to by the parties,
a mediator shall hear the grievance. A request for mediation will automatically
suspend the normal processing of a grievance until the mediation process is
completed. The mediation process shall be optional, and any opinion expressed
by the mediator shall be informal and shall be considered advisory.
Step (4) _ Arbitration.
If the parties are unable to reach a mutually satisfactory resolution of the
grievance as a result of discussion at Steps 1 and 2, or if there is a dispute as to
whether or not the grievance meets the definition of a grievance under Section
22.02 hereof, the issue shall be submitted to an impartial arbitrator who shall be
designated by mutual agreement of grievant and his/her representative and the
Director of Human Resources. To the extent possible, the parties shall utilize a
standing arbitrator. This step is available only to grievances being brought
forward by the Association/Union. For all other grievances, Step 2 shall be the
final step.
1.
Should the grievant and his/her representative and the Director of Human
Resources fail to reach agreement on selection of the arbitrator within
fifteen (15) days, they shall jointly request a list of five (5) qualified
arbitrators from the California State Mediation and Conciliation Service.
This request shall be submitted within five (5) days of the failure to reach
mutual agreement on selection of an arbitrator. If mutual selection cannot
be made from the list received within five (5) days, the parties shall select
the arbitrator by alternately striking names until only one name remains;
that person shall serve as the arbitrator. The party which strikes the first
name from the list of arbitrators shall be determined by a toss of a coin.
The parties shall immediately request available dates from the selected
arbitrator.
If an arbitrator has no available dates within the sixty (60) day period
following a request, the parties shall immediately request another list
from the Mediation and Conciliation Service.
2.
The grievant and his/her representative shall invoke the arbitration step
within twenty-one (21) days of receipt of a decision at Step 2 of this
procedure by submitting a written request for arbitration to the Director of
Human Resources.
3.
The County and Association/Union shall share the arbitration cost on a
50/50 basis. Each party, however, shall bear the cost of its presentation
including preparation and post-hearing briefs, if any, provided that
witnesses necessary to the presentation of the employee’s case shall be
granted necessary time off without loss of pay or benefits to appear at the
arbitration hearing.
DSA Gen MOU Final –2002-2004
25
4.
Decisions of arbitrators on matters properly before them shall be final and
binding on the parties hereto to the extent permitted by law.
5.
No arbitrator shall entertain, hear, decide, or make recommendations on
any dispute unless such dispute involves a position in the Unit represented
by the Association/Union and unless such dispute falls within the
definition of a grievance as set forth in Section 22.02 and is consistent
with all provisions herein. Any dispute as to arbitrability shall be decided
prior to any hearing on the merits unless the arbitrator rules that the issues
are not separable. Whenever possible, a bench arbitrability decision shall
be issued immediately.
6.
Proposals to add to or change the Memorandum of Understanding or
written agreements or addenda supplementary thereto shall not be
arbitrated and no proposal to modify, amend or terminate this
Memorandum of Understanding, nor any matter or subject arising out of
or in connections with such proposal, may be referred to arbitration under
this section.
7.
No arbitrator shall have the power to amend or modify this Memorandum
of Understanding or a law, ordinance, resolution, regulation or rule which
is within the authority of the Board of Supervisors or other legislative
body or to establish any new terms or conditions of employment. The
arbitrator’s decision shall be limited only to the applications and
interpretation of the existing rule in the matter referred for consideration.
8.
Failure to pursue arbitration pursuant to the time lines outlined in this
section shall constitute an abandonment of the grievance.
9.
The County and Union shall exchange witness lists seven (7) calendar
days prior to Arbitration Hearings. Should it become necessary to
supplement the list(s), the other party will be notified as soon as possible.
22.04 Consistent Awards. No settlement or award shall be made under the grievance
procedure which is inconsistent with the terms and conditions of this
Memorandum of Understanding or any other County law, ordinance, resolution,
regulation or rule, that is not superseded by the MOU. The Director of Human
Resources shall have the authority to settle grievances of up to $10,000 in
accordance with Board Resolution No. 01-013.
22.05 Administration of the Grievance Procedure.
1.
As used herein, a “formally submitted grievance” shall include a concise
description of the problem; the section or sections of the memorandum,
law, ordinance, resolution, regulation or rule alleged to have been
DSA Gen MOU Final –2002-2004
26
violated; the proposed remedy; the date of the grievance; the date the
grievance was filed; and the signature(s) of the person or persons filing
the grievance.
2.
If an employee does not present the grievance, or does not appeal the
decision rendered regarding the grievance within the time limits, the
grievance shall be considered resolved.
3.
If a County representative does not render a decision to the employee
within the time limits, the employee may, within seven (7) days thereafter,
appeal to the next step in the procedure.
4.
If in the judgment of a management representative, the management
representative does not have the authority to resolve the grievance, the
grievance may be referred to the next step of the procedure.
5.
By agreement in writing, the parties may extend any and all of the time
limits of the grievance procedure.
6.
A copy of all formal grievance decisions shall be forwarded to the
grievant, the Director of Human Resources and the Association/Union.
7.
After consultation with the Association/Union, the Director of Human
Resources may temporarily suspend or consolidate grievance processing
on a section-wide basis in an emergency situation. Emergencies shall be
defined as natural or civil disaster or overburdening of the grievance
procedure by submission of multiple grievances filed as a job action tactic.
The Association/Union may appeal the suspension or consolidation action
of the Director of Human Resources at the arbitration step of the grievance
procedure.
In the event of such appeal, the County and the
Association/Union agree to jointly request a list of arbitrators from the
State Mediation and Conciliation Service within two (2) working days of
the Director of Human Resource’s action and to select an arbitrator within
five (5) calendar days of receipt of the list. The party which loses the
appeal of the Director of Human Resource’s action under this section shall
pay the full cost of the arbitrator.
22.06 Association/Union's Standing to Grieve. The Association/Union shall have
standing to grieve beginning at the first formal step as follows:
a.
On all matters relating to Association/Union rights or prerogatives or on
matters relating to the Association/Union’s business relationship with the
County.
b.
On behalf of former County employees regarding their termination rights
and benefits.
DSA Gen MOU Final –2002-2004
27
c.
Where the Association/Union determines that there is a substantial noncompliance with an otherwise grievable matter where no specific
employee is directly affected by an interpretation or application of the
County affecting otherwise grievable terms and conditions of
employment.
d.
Where a grievance filed by an employee representing themselves or
having a representative other than the Association/Union is resolved in a
manner the Association/Union believes to be inconsistent with the
Memorandum of Understanding.
e.
Where the Union/Association believes that an individual employee is
being denied rights under the agreement but the individual declines to file
a grievance. In this case, the individual must be named.
23.00 SAFETY
23.01 Safe Working Conditions. When an employee has reason to believe a work
assignment is in an unsafe work area or involves unsafe equipment, the employee
shall report the problem to the immediate supervisor and may refuse to work in
the area or use the equipment until it has been inspected by the supervisor.
Should the supervisor, after such inspection, order the employee to work, the
employee shall do so unless the employee believes, within reason, the work
environment to be unsafe. In such instances, the employee may request the
department head or assistant department head to inspect the work area. The
employee will be assigned other work until the inspection is made. The decision
of the department head is final. Nothing herein shall be deemed to waive the
employee's rights under CAL-OSHA.
23.02 County Safety Committee. The Deputy Sheriff's General Unit shall designate
one (1) representative to the Safety Committee. The purpose of the Safety
Committee shall be to review safety policies and procedures and to make
recommendations. The committee shall be advisory to the County and recognized
employee associations and shall publish a written annual report.
23.03 Departmental Safety Plan The County and Association agree that they will
both adhere to the settlement agreement dated September 14, 1983 in Butte
County Superior Court Case number 78476.
23.04 Firearms. The Association hereby indicates its acceptance of the applicable
firearm policy.
DSA Gen MOU Final –2002-2004
28
24.00 EMPLOYEE ASSISTANCE PROGRAM
The Employee Assistance Program shall be maintained in effect for the term of this
agreement. Participation in the program is voluntary.
25.00 VEHICLE STANDARDS
The Association shall designate a representative to meet with management to make
recommendations on the selection, equipping and replacement of vehicles.
26.00 CHILD CARE COMMITTEE
The Association agrees to participate in the County Childcare Committee.
27.00 CATASTROPHIC LEAVE
The Catastrophic Leave Plan shall remain in effect for the term of this Agreement as
outlined and attached hereto as Attachment D.
28.00 DISABILITY INSURANCE
The County will pay the actual cost of a long term disability insurance program for unit
employees, not to exceed Twenty-two Dollars ($22.00) per employee per month. The
County's sole obligation shall be to provide the monthly premium and reconcile the
monthly bill. The Association is responsible for selection of and enrollment of members
in the insurance program and shall fully indemnify, hold harmless and defend the County
against any claims arising from the program.
29.00 UNIFORM POLICY
For the term of this agreement, the County will continue to provide uniforms pursuant to
Departmental order 3010.
The County shall report to PERS monthly the following amounts for the value of County
provided uniforms:
- Sheriff Safety
$21.00/mo.
30.00 CLASSIFICATION/COMPENSATION STUDY
If a dispute arises as to the proper classification of any member of DSA, this dispute shall
be submitted to a three party panel for resolution. This panel shall consist of a
representative of the Association’s choosing, a representative of the County’s choosing
and a third party neutral selected from the State Mediation Services. The decision of the
panel shall be final and binding on both the County and the Association.
DSA Gen MOU Final –2002-2004
29
Within thirty (30) days of the completion of the classification and compensation study
including any appeals processed pursuant to the paragraph above, the parties agree to
meet and confer on possible implementation of the study results.
The City and Association agree that the following agencies will be utilized by Public
Sector Personnel Consultants for compensation comparison purposes:
El Dorado
Merced
Napa
Placer
Sacramento
Santa Cruz
Shasta
Solano
Sonoma
Stanislaus
Yolo
Sutter
Chico
Redding
Oroville
CHP
Department of Justice – Special Agent (County will direct Public Sector Personnel
Consultants to review this and classification of DA Investigator to determine if
comparison is appropriate).
31.00 PERSONNEL RULES
The County and Association have agreed on modifications to the County’s Personnel
Rules as set forth in Exhibit II.
32.00 TRAVEL POLICY
The County and Association have agreed on modification tothe County’s Travel Policy
as set forth in Exhibit II.
33.00 FULL AGREEMENT
It is understood this agreement represents the complete and final understanding on all
negotiable issues between the County and the Association. This agreement supersedes all
previous Memoranda of Understanding or Memoranda of Agreement between the County
and the Association, except as specifically referred to in this agreement. All ordinances,
resolutions or rules not specifically referred to in this agreement shall not be superseded,
modified or repealed by implication or otherwise by the provisions hereof. The parties
for the term of this agreement, voluntarily and unqualifiedly agree to waive the obligation
DSA Gen MOU Final –2002-2004
30
to negotiate with respect to any practice, subject or matter which may not have been
within the knowledge of the parties at the time this agreement was negotiated and signed.
In the event any new practice, subject or matter arises during the term of this agreement
and any action is proposed by the County, the Association shall be afforded notice and
shall have a right to meet and confer upon their request. In the absence of agreement on
such proposed actions, the County reserves the right to take the necessary action by
management direction.
34.00 ENACTMENT
This Memorandum of Understanding shall become effective when ratified by the
Association's membership and the Butte County Board of Supervisors. Upon such
adoption, the provisions of this memorandum shall supersede and control over conflicting
or inconsistent County ordinances, resolutions or rules.
35.00 SAVINGS CLAUSE
If any provision of this memorandum shall be held invalid by operation of law or by a
court of competent jurisdiction, or if compliance with or enforcement of any provision
shall be restrained by any tribunal, the remainder of the Memorandum of Understanding
shall not be affected thereby, and the parties shall enter into negotiations for the sole
purpose of arriving at a mutually satisfactory replacement for such provision or
provisions.
36.00 PEACEFUL PERFORMANCE
The parties to this Memorandum of Understanding recognize and acknowledge that the
services performed by County employees covered by this agreement are essential to the
public health, safety and general welfare of the residents of the County of Butte. The
Association agrees that under no circumstances will the Association recommend,
encourage, cause or permit its members to initiate, participate in, nor will any member of
the bargaining unit take part in any concerted work stoppage, slowdown, or boycott
picketing (herein collectively referred to as a work stoppage), in any office or department
of the County, nor to curtail any work or restrict any production, or interfere with any
operation of the County. In the event of any work stoppage during the term of this
Memorandum of Understanding, whether by the Association or by any member of the
bargaining unit, the Association by its officers, shall immediately declare in writing and
publicize that such work stoppage is illegal and unauthorized and further direct its
members in writing to cease said conduct and resume work. Copies of such written
notice shall be served upon the County. If in the event of any work stoppage the
Association promptly and in good faith performs the obligations of this paragraph, and
providing that the Association has not otherwise authorized, permitted or encouraged
such work stoppage, the Association shall not be liable for damages caused by the
violation of this provision; however, the County shall have the right to discipline, to
include discharge, any employee who instigates, participates in, or gives leadership to,
any work stoppage activity, herein prohibited and the County shall also have the right to
DSA Gen MOU Final –2002-2004
31
seek full legal redress including damages against the employee. The County shall engage
in no lockout of employees covered by this memorandum for the term of this
Memorandum of Understanding.
37.00 TERMS OF AGREEMENT
This Memorandum shall become effective in full and effect up to and including
March 31, 2004. The County and Association shall begin the meet and confer process by
February 15, 2004, and good faith effort to conclude negotiations by April 1, 2004.
DSA Gen MOU Final –2002-2004
32
Signed and entered into this _____________________ day of ____________________, 2004.
COUNTY OF BUTTE
BUTTE COUNTY DEPUTY
SHERIFF'S ASSOCIATION
_______________________________
___________________________________
_______________________________
___________________________________
______________________________
___________________________________
ASSOCIATION RATIFICATION
Ratified by the Butte County Deputy Sheriff's Association on this ______________ day of
___________________, 2004.
_______________________________________
President, Butte County Deputy
Sheriff's Association
COUNTY RATIFICATION
Ratified by the Butte County Board of Supervisors this ________________ day of
______ _____________, 2004. Minute Order No. _____________
_______________________________________
Bob Beeler, Chair
Butte County Board of Supervisors
ATTEST:
Paul McIntosh
Chief Administrative Officer
and Clerk of the Board of Supervisors
By: __________________________________________
DSA Gen MOU Final –2002-2004
33
ATTACHMENT
A
Salary Schedule
DSA Gen MOU Final –2002-2004
34
ATTACHMENT
B-1
Release Time Bank Procedure
DSA Gen MOU Final –2002-2004
35
Deputy Sheriff’s Association
Release Time Bank Procedure
1. Employee seeking to use release bank donations will obtain release time form from
department personnel/ payroll representative well in advance of the anticipated use date. The
employee will indicate which leave balance will be used for affected time with the realization
that reimbursement of leave is dependent on the available balance in the Association release
time bank.
2. Once completed employee will submit form to department in advance of the use date for
approval and certification of cumulative hours used in the calendar year. The department
personnel/payroll representative will monitor leave bank usage for authorized bargaining unit
members to assure the maximum time limits are not exceeded.
3. Once Department approval is attained in advance of the use date, form will be forwarded to
Human Resources. Human Resources will certify employee’s eligibility to use time bank
donations.
4. Once Human Resources certification is obtained, in advance of the use date, form will be
forwarded to the Auditor’s office, payroll section, where the transfer of leave credit will be
made from the release time bank to the employee’s leave balance.
5. Department payroll representative will charge employee’s chosen leave balance per form.
***If there are not sufficient leave credits available the form will be returned to the employee’s
department.
DSA Gen MOU Final –2002-2004
36
ATTACHMENT
B-2
Release Time Bank Form
DSA Gen MOU Final –2002-2004
37
County of Butte
Deputy Sheriff's Association Release Time Bank
In accordance with MOU section 4.06 I certify that I am an Association officer or bargaining unit member and as
such I am eligible to draw from the Association Release Time Bank for the following purpose:
a.
b.
c.
d.
Preparation
Association meetings
PORAC related meetings
To assist a member at the formal steps of the
disciplinary and/or grievance procedure.
Date for time off:
Duration of time off:
I understand that I will use my own leave accruals and be reimbursed through the leave bank.
I choose to use the following leave:
a. Comp time
b. Vacation
c. Holiday
I further understand that this reimbursement of hours is limited to a maximum of 40 hours per year per
officer/bargaining team member (for purposes a, b, c) and that it is also limited by the amount of donations in the
leave pool.
I understand requests to utilize time bank donations must be made reasonably in advance of use and approval is
subject to the operational necessity of the department. I further understand that the County is not required to grant
time bank usage if to do so would result in overtime.
Print full name_________________________________
Employee No._______________
Employee Signature ____________________________
Date_______________________
Department___________________________________
For Department Use
Department Approval
Signed_____________________
Date__________________________
Cumulative hours utilized in current calendar year______________________________
For Human Resources Department Use
I certify that the applicant is an Association officer or bargaining unit team member and as such is eligible for hours
from the Association release time bank:
Signed______________________________________________
For Auditor's Office Use
Date________________________
All conditions for utilization of the Association release time bank have been met and ________________hours were
transferred on (date)__________________
Signed______________________________________________
DSA Gen MOU Final –2002-2004
38
Date________________________
ATTACHMENT C
Family Care and Medical Leave
Policy
DSA Gen MOU Final –2002-2004
39
FAMILY CARE AND MEDICAL LEAVE POLICY
General Policy
Under provisions of the California Family Rights Act (CFRA), CCR Section 825 and the Federal
Family and Medical Leave Act (FMLA), 29 U.S.C. Section 2601 et seq., Butte County may
grant Family Care and Medical Leave (FCML) to a qualifying employee, provided the employee
has worked for Butte County for a minimum of 12 months, and has worked at least 1,250 hours
in the 12-month period immediately preceding the date the leave begins. Leave may be taken
under this policy for up to 12 workweeks in a 12-month period (leave year) for family care and
medical leave. Requests for leave in excess of 12 workweeks whether in a paid or unpaid status
shall be reviewed on an individual basis relative to the needs of the employee and the needs of
the department. The 12-week allowance provided per year is calculated on a calendar year basis
commencing the first day that qualifying leave is taken. FMLA and CFRA run concurrently,
except in the case of pregnancy disability (discussed further under coordination of PDL, FMLA
AND CFRA leaves).
Under allowable circumstances, a department head may grant FMLA to a key employee but
refuse reinstatement if it will cause the department substantial and grievous economic injury. In
this situation, however, the department head must notify the employee in writing at the time he
or she requests or commences the leave (whichever is earlier) that he or she qualifies as a key
employee and what the potential consequences are with respect to reinstatement.
Except where the law authorizes a different result, an employee who complies with the
provisions of this policy will be guaranteed reemployment upon expiration of an approved leave.
The employee will be re-employed in the same or an equivalent position as that which he or she
occupied when the leave commenced. An employee who takes a leave because of his or her own
serious health condition must provide a medical certification prior to returning to work, which
verifies that he or she is able to return to work in the same manner as employees who return from
other types of medical leave. If an employee fails to return for work immediately after the
expiration of the approved leave period, and unless an extension has been requested and granted,
the employee may be considered to have voluntarily separated from the employer’s employ.
However, consideration may be given to sufficient documentation, which demonstrates both the
employee’s need for the extended leave and an inability by the employee to have properly
notified the employer of the need.
Leave granted under this policy for part-time employees shall be calculated on a pro-rata basis in
accordance with their regular work schedule. For those occupying positions with irregular hours,
the average workweek shall be determined by taking an average of the hours worked per week
over the previous three-month period.
Upon receipt of a request by an employee for FCML, the department head shall immediately
forward such notice to the Director – Human Resources. The Director – Human Resources shall
have full authority to approve such requests in accordance with the provisions of this policy.
DSA Gen MOU Final –2002-2004
40
Definitions
For purposes of this policy, the following definitions shall apply:
“California Family Rights Act” (CFRA) means leave may be taken for any of the following
reasons:
For the birth of a child for purposes of bonding;
For the placement of a child in the employee’s family for adoption or foster care;
To care for the serious health condition of the employee’s child, parent, or spouse;
For the employee’s own serious health condition.
“Certification” means a written communication from the health care provider verifying that the
employee is unable to work due to his/her serious health condition or that of his/her immediate
family member.
“Child” means a biological, adopted, or foster child, stepchild, or legal ward of the employee, or
a child of a person standing in loco parentis who is either:
Under eighteen years of age;
18 years or older who is incapable of self-care because of a mental or physical disability;
An adult child, as approved by the Human Resource Director with evidence provided by the
employee that he or she is the only individual available to provide the required care.
“Employer” means the County of Butte.
“Family and Medical Leave Act” (FMLA) means leave may be taken for any of the following
reasons:
To care for the employee’s child after birth, or placement for adoption or foster care. (Leave for
this reason must be taken within the 12-month period following the child’s birth or placement
with the employee);
To care for an immediate family member who has a serious health condition;
For a serious health condition of the employee which prevents him or her from being able to
perform the essential functions of his or her position. This includes pregnancy, childbirth or a
related medical condition, which are considered serious health conditions under FMLA.
“Employment in the same or an equivalent position” means employment in a position that has
the same or similar duties and pay, which can be performed at the same or similar geographic
location as the position held prior to the leave.
“Health care provider” means an individual duly licensed as a physician, surgeon, or osteopathic
physician or surgeon who directly treats or supervises the treatment of the serious health
condition, or any other person determined by 29 CFR 825.800 to be capable of providing health
care services under the federal Family and Medical Leave Act.
“Immediate Family” means spouse; natural, step, or legal child or parent; brother, sister;
grandchild; grandparent; mother-in-law and father-in-law, brother-in-law, sister-in-law.
DSA Gen MOU Final –2002-2004
41
“Key Employee” means an employee whose salary is in the top 10% of paid employees, either at
the work location or within a 75-mile radius of the work location.
“Leave Year” means 12 weeks of leave allowed under FMLA/CFRA and is calculated on the
calendar year, January-December of each year.
“Parent” means a biological, foster, or adoptive parent, a stepparent, a legal guardian, or other
person who stood in loco parentis to the employee when the employee was a child.
“Serious health condition” means an illness, injury, impairment, or physical or mental condition
that involves provisions as set forth in 29 CFR 825.114 including either of the following:
Inpatient care in a hospital, hospice, or residential care facility;
Any period of incapacity requiring absence from work for more than three consecutive calendar
days (including a subsequent treatment or incapacity relating to the same condition) that also
involves:
Treatment two or more times by a health care provider, by a nurse or physician’s assistant under
direct supervision of a health care provider of health care services (e.g. physical therapist) under
orders of, or on referral by, a health care provider; or
Treatment by a health care provider on at least one occasion which results in a regimen of
continuing treatment under the supervision of the health care provider.
Required Notice and Medical Certification
When the Human Resources Department is notified by the employee’s department that an
employee has been absent for more than three consecutive calendar days, the employee shall be
put on provisional FMLA/CFRA pending final determination of eligibility. Certification from
the employee’s treating medical care provider must be provided to the Human Resource
Department within 15 days following notification of provisional FMLA/CFRA status, in order to
continue to be covered under this provision.
If the employee’s need for leave under this policy is foreseeable, the requesting employee shall
provide his or her department head with reasonable advance notice at least 30 days advance
notice in writing of the need for leave. If the employee’s need for leave is foreseeable,
reasonable effort should be made to schedule the treatment to avoid disruption to the operations
of the employer. If the employee’s need for leave is not foreseeable, the requesting employee
must provide notice as soon as practicable.
An employee’s request for leave to care for an immediate family member who has a serious
health condition, shall be supported by a certification issued by the health care provider of the
individual requiring care. Failure to provide such certification shall result in the denial of the
requested leave. Certification shall be considered sufficient if it includes all of the following:
The date on which the serious health condition commenced,
The probable duration of the condition,
DSA Gen MOU Final –2002-2004
42
An estimate of the amount of time that the health care provider believes the employee needs to
care for the individual requiring the care,
A statement that the serious health condition warrants the participation of the employee to
provide care during a period of the treatment or supervision of the individual requiring care.
If additional leave is required, on or before the expiration date of the time estimated by the health
care provider, the employee shall be required to obtain re-certification and shall be required to
provide said re-certification to the employer.
An employee’s request for leave because of the employee’s own serious health condition shall be
supported by a certification issued by his or her health care provider. Failure to provide such
certification shall result in the denial of the requested leave. Certification shall be considered
sufficient if it includes all of the following (CFR 825.311):
The date on which the serious health condition commenced.
The probable duration of the condition.
A statement that, due to the serious health condition, the employee is unable to perform the
essential functions of his/her position.
If additional leave is required, on or before the expiration date of the time estimated by the health
care provider, the employee shall be required to obtain re-certification regarding the employee’s
serious health condition and to provide said re-certification to the employer.
As a condition of the employee’s return from leave taken because of the employee’s own serious
health condition, the employer shall require the employee to obtain a fitness for duty certification
from his or her health care provider, at the employee’s expense, that the employee is able to
resume work (CFR 825.310).
In any case in which the employer has reason to doubt the validity of the medical certification
provided by the employee for the employee’s own serious health condition, the employer may
require, at the employer’s expense, that the employee obtain the opinion of a second health care
provider designated or approved by the employer concerning any information certified. In any
case in which the second opinion described above differs from the opinion in the original
certification, the employer may require, at the employer’s expense, that the employee obtain the
opinion of a third health care provider. The third health care provider must be approved by the
employer and the employee; the decision of the third health care provider shall be final and
binding.
Intermittent or Reduced Leave
Leave may be taken intermittently or on a reduced leave schedule to care for an immediate
family member with a serious health condition or because of the employee’s own serious health
condition when medically necessary, and will be counted towards the employee’s 12 week
FCML leave.
Coordination of leave accruals while on FMLA/CFRA
DSA Gen MOU Final –2002-2004
43
An employee taking leave under the FCML policy shall be required to exhaust all sick leave
prior to being authorized to take unpaid leave. All leave taken in coordination with FCML is
computed toward the total 12-week allowance per year under FCML.
Effect on benefits while on FMLA/CFRA
Paid Leave
During any period that the eligible employee takes paid leave under the provisions of this policy,
the employer shall continue to pay the “employer” portion of the medical, dental, and vision
insurance premiums; provided, however, that said employee was eligible for such county paid
benefit prior to taking FCML. An employee shall continue to participate in and accrue benefits
during any portion of the leave in which the employee remains in a paid status.
Unpaid Leave
During any period that an eligible employee takes unpaid leave under the provisions of this
policy, the employer shall continue to pay the “employer” portion of the medical, dental, and
vision insurance premiums; the employee, however, shall be responsible for continued payment
of the employee portion of medical, dental and vision insurance premiums, provided that said
employee was eligible for such benefits prior to taking FCML. Coordination of payment of the
employee portion of the medical, dental and vision insurance payments is made through the
Butte County Auditors office. The employee shall retain employee status with the employer, and
the unpaid leave shall not constitute a break in service for purposes of longevity or seniority.
Return to work from FCML
The use of authorized FCML shall not result in the loss of any benefit accrued prior to the start
of the FCML, with the exception of any accrued leave used in conjunction with the approved
leave. During approved family care and medical leave, the employee shall retain employee
status with the employer, and the leave shall not constitute a break in service for purposes of
longevity, seniority under any collective bargaining agreement, or employee benefit plan.
If an employee qualifies for and takes unpaid leave in excess of two full and consecutive pay
periods for a qualifying purpose under FCML, the anniversary date and any associated merit
increase shall be extended by an amount which is equivalent to the total unpaid leave.
Any increases to pay or change in benefits which are not dependent upon seniority accrual
during the leave period will be made effective upon the employee’s return to paid status.
COORDINATION OF FMLA/CFRA/PDL
FMLA and CFRA
Leave provided under the County’s FCML policy shall run concurrently with leave taken
pursuant to the FMLA and the CFRA (including leave taken intermittently), except for any leave
DSA Gen MOU Final –2002-2004
44
taken under the FMLA for disability on account of pregnancy, childbirth, or related medical
leave exceeding twelve workweeks in a twelve month period.
FMLA, CFRA and Worker’s Compensation Leave
Leaves of absence taken due to a work related injury or illness qualify under this policy. The
rules for coordination of benefits for leave of this nature is the same as that for other qualifying
leaves under this policy.
PDL, FMLA and CFRA
Leaves related to medical disability due to pregnancy, childbirth or other related medical
conditions are governed by three separate laws.
Under the California Fair Employment and Housing Act, if an employee is disabled due to
pregnancy, childbirth or a related medical condition, she is eligible for Pregnancy Disability
Leave (PDL). PDL provides up to four months of time off for a pregnancy related disability.
Medically approved leave may be taken consecutively or intermittently for the four-month
period. PDL provides job protection for the employee but does not pay medical benefits. An
employee may be eligible for PDL even if she doesn’t meet the qualifications for FMLA/CFRA.
The Federal Family and Medical Leave Act (FMLA) regulations define pregnancy, childbirth
and related medical conditions to be a “serious health condition.” FMLA runs concurrently with
the four months of PDL for up to 12 weeks if the pregnancy disability lasts for the full 12 weeks
of allotted FMLA leave. During the FMLA the employer’s portion of medical, dental and vision
premium payments will continue to be made. The employee’s portion of payments for medical
benefits will be paid out of the employee’s paycheck if the employee is in paid status. If the
employee is in non-paid status, he/she will have to make arrangements to pay his/her portion of
the premiums to the Auditor’s office.
When an employee and his/her spouse are both employed by Butte County, a combined total of
12 workweeks is allowed for family leave for the birth or placement of a child for adoption or
foster care under CFRA/FMLA.
The California Family Rights Act (CFRA) eligibility provides for bonding after the birth of a
baby. CFRA does not start until the mother is released from pregnancy disability by her doctor.
If an employee has not used the full 12 weeks of FMLA, it will run concurrently with CFRA.
An employee must qualify for FMLA when their pregnancy leave first begins in order to qualify
for CFRA. CFRA also provides for continuation of the employer portion of the health, vision and
dental benefits for the 12 week period. If an employee uses her full 12 week entitlement of
continuation of health care benefits during the FMLA/PDL leave and then takes the CFRA after
the birth of her child to bond, the County is not required to pay her health benefits during the
CFRA leave. If an employee has exhausted her PDL/FMLA leave prior to the birth of her baby
then CFRA will be started on the date her PDL runs out.
DSA Gen MOU Final –2002-2004
45
The total amount of time available for coordination of PDL, FMLA and CFRA for pregnancy
disability leave is four months and 12 weeks.
Medical Certification - Pregnancy Disability Leave
“Certification” for this purpose means a written communication from the health care provider of
the employee that either the employee is disabled due to pregnancy or that is it medically
advisable for the employee to be transferred to less strenuous or hazardous duties (DFEH reg.
Section 7291.2).
The certification indicating disability necessitating a leave should contain:
The date on which the employee became disabled due to pregnancy;
The probable duration of the period or periods of disability, and
An explanatory statement that, due to the disability, the employee is unable to work at all or is
unable to perform any one or more of the essential functions of her position without undue risk
to herself, the successful completion of her pregnancy, or to other persons.
If an employee must cease work prior to delivery, a medical certification of disability is required
at that time and after delivery. (A pre-delivery statement of disability does not apply once
delivery has occurred since the medical circumstances have changed.) For employees on FMLA
designated leave, the medical information is required in order to know when pregnancy disability
has ended and the 12-week CRFA leave entitlement begins.
Provisions Not Addressed in This Policy
For provisions not addressed herein, the provisions of FMLA, CFRA, PDL shall be controlling.
No Reprisal
In any inquiry or proceeding related to rights guaranteed under this policy, Butte County shall
not discharge, fine, suspend, expel, discriminate against, or refuse to hire, any individual because
of an individual’s sole exercise of the right to family care and medical leave; or for an
individual’s giving information or testimony as to his/her own family care and medical leave, or
another person’s family care and medical leave.
DSA Gen MOU Final –2002-2004
46
ATTACHMENT
D
Catastrophic Leave Pool
Agreement
DSA Gen MOU Final –2002-2004
47
CATASTROPHIC LEAVE POOL AGREEMENT
The purpose of the Catastrophic Leave Pool is to enable regular employees to receive and donate
vacation and compensatory time off (CTO) leave credits to assist employees who have no leave
and who will suffer a financial hardship due to prolonged illness or injury to themselves or a
member of their immediate family as defined in Personnel Rules 2.36.
The following conditions shall apply to Catastrophic Leave:
1. Catastrophic leave refers to a leave of absence related to the serious health condition of a
regular employee and is available to such regular employees (or immediate family member)
if that employee has exhausted all paid leave through bona fide serious illness or accident.
2. The leave pool shall be administered by the Auditor-Controller.
3. Donations may be made between bargaining units if mutually agreed upon by the respective
units and the County.
4. Employees must be in regular appointed positions to be eligible for catastrophic leave.
5. The employee may be on disability benefits and use the leave pool credits in the same
manner that sick leave is used to supplement disability benefits.
6. All donations are to be confidential, between the donating employee and the AuditorController.
7. Employees donating to the pool must have forty (40) hours of vacation available after
making a donation.
8. Donating employees must sign an authorization, including specifying the specific employee
to be a recipient of the donation.
9. Donations will be subject to applicable laws.
10. The availability of Catastrophic Leave shall not delay or prevent the County from taking
action to medically separate or disability retire an employee.
11. Catastrophic Leave due to illness or injury of an immediate family member may require
medical justification as evidence by a physician’s statement that the presence of the
employee is necessary.
12. Catastrophic leave does not apply to such conditions as the flu, colds, conditions requiring
less than a pay period’s absence, or to normal pregnancy.
13. Catastrophic leave ends upon an employee’s return to the regular work schedule. If
additional leave and donations are needed after the employee is returned to the regular
schedule, a new application must be submitted. If an employee is returned to work on a parttime schedule and donations still exist for that individual, the appointing authority must
submit notification to the payroll division of the employee’s department that intermediate use
is authorized.
DSA Gen MOU Final –2002-2004
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EXHIBIT I
Flexible Benefit Options
DSA Gen MOU Final –2002-2004
49
Butte County Flexible Benefits Options
Employee A
1.
2.
Core Plan (must enroll in all three).
a.
A PERS medical option.
b.
Dental Plan of America or any of the Delta Dental Plan Options.
c.
Medical Eye Services Plan.
Flexible Benefit Options.
a.
Taxable cash back of up to $260.00/month (based on sufficient flex credits).
b.
Pre-Tax spending accounts:
Dependent Care.
Unreimbursed medical expenses.
Employee B
1.
Flexible Benefit Options.
a.
Taxable cash back of up to $210.00/month (based on sufficient flex credits).
b.
Pre-Tax spending accounts:
Dependent Care.
Unreimbursed medical expenses.
DSA Gen MOU Final –2002-2004
50
APPENDIX II
Personnel Rule
Revisions
DSA Gen MOU Final –2002-2004
51
PERSONNEL RULE AMENDMENTS
2.
Definitions
PROVISIONAL APPOINTMENT: The appointment to a regular budgeted position
when no eligible list exists of a person who meets the minimum qualifications of the
position, for a period of time not to exceed (6) six months in duration or (60) sixty days
following the establishment of an eligibility list for the position, whichever is less. Such
appointment is not eligible for departmental promotional recruitments, unless employee
was a regular help employee within the department immediately prior to the provisional
appointment.
2.54
REASONABLE CAUSE
Reasonable cause refers to the condition or conditions existing which may justify the
discharge, demotion, or suspension of an employee. Reasonable cause may include, but
not be limited to, the following:
j) Unexcused absence from duty, abuse of sick leave or excessive absenteeism (except
for those absences related to qualifying family medical leave)
5.4
6.2
SPLIT POSITIONS
a.
The Director - Human Resources may authorize Physician, Psychiatrist,
Psychologist, and nursing and health care professional positions to be filled by less
than full-time employees in any number so long as the total aggregate time in each
class does not exceed the full-time equivalent of the positions authorized in the
salary ordinance.
b.
With the concurrence of the department head, the Director-Human Resources may
authorize any two (2) employees, within the same classification and department to
share one (1) allocated position.
All sick leave, vacation leave, earned
administrative leave and holiday leave shall be prorated on a 50/50 basis. PERS
retirement accrual shall be calculated on a prorated basis pursuant to PERS
regulations. Additional hours worked by either of the two parties to this provision
shall be paid on a straight time (non-overtime) basis up to forty (40) hours in a
week with prior approval of the immediate supervisor.
APPLICATIONFOR EXAMINATION
a)
Veterans’ Preference Points
For the purposes of this section, a veteran means any person who has served in the
United States’ Armed Forces and who has been discharged or released under
conditions other than dishonorable and who served:



During the period December 7, 1941 to July 1, 1995; or
At least 181 consecutive days since January 31, 1995; or
During the Gulf War from August 2, 1990 through January 2, 1992; or
DSA Gen MOU Final –2002-2004
52


9.6
In a campaign or expedition for which a campaign medal has been authorized, including El
Salvador, Grenada, Haiti, Lebanon, Panama, Somalia, Southwest Asia, and Bosnia.
The campaign in Iraq and the war on terrorism.
Electrical Outages Policy
In the event of a loss of electrical power, any decision to close a County work site must be made by the
department head or designee; but in no event will employees be required to remain at the workplace if to do
so would jeopardize individual health or safety
Employees must remain at work if electrical outages are one to two hours in length during
the regular work schedule, unless to do so would jeopardize employee health or safety.
In buildings without generators, alternate lighting sources such as battery lanterns, light
sticks and such will be used. If service to the public cannot be reasonably provided
after two hours, the Chief Administrative Officer may make the decision to close a
building to the public, deploy the employees to generator-powered buildings, or to send
employees home.
In the event that it is no longer possible to perform work duties at the current or another departmental work
site, and the department head (or designee), determines it is necessary to close the work site, the following
information should be considered and communicated to employees prior to excusing them from work:
11.4
1.
If the blackout occurs close to the regular meal period for employees working at the affected work
site, supervisors and managers are expected to keep the work site open, but are encouraged to
allow employees to take a meal break. If a manager chooses to send employees to lunch early due
to a blackout, employees should be informed to return to their work site immediately following
completion of their meal break. In these situations, meal breaks should be neither shorter nor
longer than the employee’s normal assigned meal break.
2.
Regular employees who are sent home shall be provided “administrative pay” for the balance of
their regular work day; however, such employees shall remain ready and available to be called
back to work by their supervisor for the duration of their regular work day should such a
circumstance arise. Employees who seek approval to leave work without having been ordered to,
shall use appropriate leave time for the time off.
3.
Regular employees who are sent home, and who are not called back to work that day will be
expected to return to work at their regularly scheduled work time on the next scheduled workday.
4.
If the work site closure extends beyond the first work day of closure, employees are expected to
remain ready and available for assignment to their original or an other County work site as quickly
as possible.
COMPENSATION PAYMENT SCHEDULE
a) Schedule of Payment. Notwithstanding any provisions of the Personnel Rules to the
contrary, adjustments to the biweekly salaries for rates shown in those sections of the
salary schedule which outline the salary plans for classified positions represented by the
County’s recognized bargaining units, and those sections which outline the salary plans
for appointed department heads, elected department heads, and appointed officials shall
be rounded to the nearest whole cent. The biweekly rate for classified positions
DSA Gen MOU Final –2002-2004
53
presented by the County’s recognized bargaining units, shall be calculated by multiplying
the hourly rate (which is rounded to the hundredth of a cent) by eighty (80) hours.
11.7
PROMOTION
Regular employees promoted to a position in a classification with a higher salary range
shall have compensation set at may be paid either at Step 1 of the new salary range or to
the nearest higher step that is within five dollars ($5.00) of a five percent (5%) increase in
the biweekly rate. at the nearest higher step that the employee would otherwise be
entitled on the date the promotion is effective.
12.1 VACATION LEAVE
An employee who has less than six (6) months of uninterrupted service shall not be entitled to
use accrued vacation leave unless specifically approved in writing by the Director of Human
Resources for extraordinary reasons. or to vacation pay upon separation from the classified
service. Employees separating from County employment shall be entitled to a payout of unused
accrued vacation upon separation. Extra-help employees shall not earn vacation.
The maximum vacation accrued on December 31 of any year shall be two (2) times the earning rate.
Upon termination, an employee with more than (6) six months service may be compensated for
all unused vacation accrual.
Vacations shall be taken at the discretion of the appointing authority. A departmental vacation
schedule shall be arranged with time preference given to employees on the basis of seniority.
When an employee is unable to take scheduled vacation during a calendar year due to unusual
and extenuating departmental needs which result in the employee’s annual vacation accrual to
exceed the maximum limits authorized, the department head shall advise the Auditor that the
employee will exceed the annual vacation accrual limits and shall schedule the excess accrual
vacation days to be taken off between the period of January 1 and March 31 of the new calendar
year. Should the employee voluntarily choose not to take the scheduled vacation during the
extension period, the employee shall cease earning vacation accruals until their total vacation
accrual falls below two (2) times the earning rate. Should a department head, as a result of
emergency needs of the County, be unable to schedule the excess accrual vacation days off
during the extension period, the employee shall be paid for the excess accrual of vacation days
following the end of the extension period.
12.2.1 FAMILY CARE AND MEDICAL LEAVE POLICY
Return to work from FMLA/CFRA
The use of authorized FMLA/CFRA shall not result in the loss of any benefit accrued
prior to the start of the FCML, with the exception of any accrued leave used in
conjunction with the approved leave. During approved family care and medical leave,
the employee shall retain employee status with the employer, and the leave shall not
constitute a break in service for purposes of longevity, seniority under any collective
bargaining agreement, or employee benefit plan.
DSA Gen MOU Final –2002-2004
54
The provisions of Personnel Rules Section 7.2.1 shall apply to this policy with regard to
probationary extensions due to unpaid absences. If an employee qualifies for and takes
unpaid leave in excess of two full and consecutive pay periods for a qualifying purpose
under FCML, the anniversary date and any associated merit increase shall be extended by
an amount which is equivalent to the total unpaid leave. The minimum amount of time
that a probationary period may be extended under this policy is two full and consecutive
pay periods with the understanding that an extension of probation is calculated in
biweekly increments. Any increases to pay or change in benefits which are not
dependent upon seniority accrual during the leave period will be made effective upon the
employee’s return to paid status.
COORDINATION OF PAID FAMILY LEAVE/FMLA/CFRA/PDL
Paid Family Leave. Paid Family Leave is a component of the State Disability Insurance
and is administered by the State Employment Development Department’s Disability
Insurance Branch. A claim with the State Employment Development Department may be
filed for time taken to:

To care for a seriously ill child, spouse, parent, or domestic
partner;

To bond with the employee’s new child or the new child for the
employee’s domestic partner; or

To bond with a child in connection with the adoption or foster care
placement of the child with the employee or the employee’s domestic partner.
Employees entitled to leave under the Family Medical Leave Act and/or the California
Family Rights Act must take Paid Family Leave concurrent with the leave taken under
those acts. Eligibility requirements for Paid Family Leave shall be as set forth in the
Unemployment Insurance Code.
12.3
BEREAVEMENT LEAVE
Whenever a regular employee believes it necessary to be absent from duty because of the death of a member
of the employee’s immediate family, the employee may request permission of the appointing authority to be
absent for not more than three (3) five (5) working days with pay for each occasion. Any time used in this
manner shall not be charged to sick leave or vacation, but shall be documented and recorded as bereavement
leave. In the case of the deaths of individuals other than those defined as “immediate family” who were
living in the employee’s household as family members, approval for the use of bereavement leave shall be
on a case-by-case basis at the sole discretion of the Director – Human Resources.
12.10
COMPREHENSIVE TRAVEL POLICY
BACKGROUND
This policy applies to County officers and employees, as well as members of boards and
commissions required to travel in or out of the county for the conduct of County business. This
policy also provides for expenses of public employees from other jurisdictions when specifically
referenced in policy provisions set forth below.
DSA Gen MOU Final –2002-2004
55
For ease of reference, the Travel Policy is presented in the following sections:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Definitions
General Policy
Approvals Required
Travel Participants and Number
Mode of Transportation
Reimbursement Rates
a. Maximum Rate Policy
b. Private Auto
c. Meals
d. Lodging
e. Other
Advance Payments
Compliance – Responsibility of Claimant
Procedures
1) DEFINITIONS
a) County employee – shall mean any employee of the County of Butte, including
appointive and elective officers, heads of County departments, and when appropriate, all
non-salaried members of County commissions or similar County advisory bodies or
agencies.
b) Department head Authorization – Signature of department head or designee is required on the claim form.
c)
Hosting Hotel – shall mean either the hotel where meetings, conferences or training sessions are held or a
lodging site recommended and/or reserved by the conference/seminar sponsor.
2) GENERAL POLICY
a)
County officers and employees should not suffer any undue loss when required to travel on official County
business, nor should said individuals gain any undue benefit from such travel.
b) County officers or employees compelled to travel in the performance of their duties and in the service of
the County shall be reimbursed for their actual and necessary expenses for transportation, parking, tolls and
other reasonable incidental costs, and shall be reimbursed within maximum rate limits established by the
Board of Supervisors for lodging, meals, and private auto use. “Actual and necessary expenses” do not
include alcoholic beverages.
c)
Travel arrangements should be as economical as practical considering the travel purpose, traveler, and time
frame available to accomplish the travel mission, available transportation and facilities and time away from
other duties. Individuals who have been authorized to travel under this policy are expected to take
advantage of government discounts or travel agency special rates available for car rentals, hotels, and other
incidental travel requirements.
d) Employees must obtain prior authorization for travel (i.e., obtain approvals before incurring costs and
before commencing travel).
e)
Receipts are required for reimbursement of lodging costs, registration fees, public transportation and for
other expenses as specified, or as may be required by the Auditor-Controller.
f)
Personnel Rule 12.10 is incorporated herein by reference. Department heads are responsible for insuring
that County employees adhere to all aspects of Rule 12.10.
DSA Gen MOU Final –2002-2004
56
g) Department heads will be responsible for approval of travel and transportation expenditures and the
Auditor-Controller will be responsible for periodic and unannounced audits of such expenditures. Items
that are questionable charges against the County shall be submitted to the Chief Administrative Officer by
the department head for consideration and resolution.
h) The Chief Administrative Officer may, at his or her sole discretion, authorize an exception to requirements
set forth in this travel policy, based on extenuating circumstances presented by the appropriate, responsible
department head. Any exception granted by the Chief Administrative Office is to be applied on a case-bycase basis and does not set precedent for future policy, unless the Board of Supervisors has formally
adopted it.
i)
Double Claiming – To claim reimbursement for the same costs from more than one source (e.g., submitting
claims for reimbursement to a State or Federal agency or other source and to the County) is prohibited by
this policy. However, if another source provided only partial reimbursement, the balance up to the limits
authorized by this policy, may be claimed. Appropriate documentation must be submitted with the claim
(e.g., the State claim form showing the costs that are being paid by the State).
3) APPROVALS REQUIRED
a)
It remains the discretion of the Chief Administrative Officer as to whether or not costs of travel not
authorized in advance will be reimbursed and whether or not exceptional costs will be reimbursed.
b) Department head approval is required for subordinate staff when travel involves any of the following:




c)
Transportation by common carrier (except BART), e.g., air, train, bus
Car rental
Out-of-County overnight travel
Members of Board or Commissions, or non-County personnel
Appointed department heads shall submit requests for their own travel only that will be over night and out
of the County, to the Chief Administrative Officer for review and approval.
d) Chief Administrative Officer approval is required for any exceptions to the provisions within this policy,
e.g., travel requests not approved prior to travel, requests exceeding expense guidelines or maximums
4) TRAVEL PARTICIPANTS AND NUMBER
a)
It is preferable that department heads and assistants not attend the same out-of-county conference.
However, where mitigating circumstances exist, the department head should notify the Chief
Administrative Office with a justification memorandum.
b) The number of travel participants for each out-of-county event, in most instances, should be limited to one
or two staff members, and those individuals should be responsible for sharing information with other
interested parties upon return. However, it is the responsibility of the department head to determine how
many participants are necessary to travel to each out-of-county event in order to maximize county
resources.
c)
The following expenses incurred by a member of the Board of Supervisors constitute an allowable County
charge:
 Actual expenses for meetings and personal travel, necessarily incurred in the conduct of
County Business. This includes, but is not limited to mileage incurred while traveling to and
from the Board members’ residence and the location of the chambers of the Board of
Supervisors while going to or returning from meetings of the Board of Supervisors.
d) Non-County personnel travel expenses are not normally provided for since only costs incurred by and for
County officers and employees on County business are reimbursable. However, reimbursement is
DSA Gen MOU Final –2002-2004
57
allowable for County officers (elected officials and appointed department heads) and employees who have
incurred expenses for non-County staff in the following circumstances:
(1) Meals for persons participating on a Human Resources interview panel when deemed appropriate
by the Director of Human Resources.
(2) Conferences between County officials and consultants, experts, and public officials other than
officers of Butte County, which are for the purpose of discussing important issues related to
County business and policies.
(3) Transportation expenses for a group of County officers and employees and their consultants, and
experts on a field trip to gain information necessary to the conduct of County business.
(4) Lodging expenses for non-County personnel are NOT reimbursable except when special
circumstances are noted and approved in advance by the Chief Administrative Office. Otherwise,
such expenses must be part of service contract in order to be paid.
e)
Any costs incurred by or related to a spouse or companion are not reimbursable
5) MODE OF TRANSPORT
a)
Transportation shall be by the least expensive and/or most reasonable means available.
b) Private auto reimbursement may be authorized by the department head for County business travel within
Butte County and out-of-county and shall be governed by Personnel Rule 12.10.
c)
Out-of-county travel by County vehicle or private vehicle may be authorized if the final destination of the
trip does not exceed a four (4) hour driving distance from the County offices, unless to do so would be
more economical than other means of transport. If air travel would be more economical, but the employee
prefers to drive even though travel by car would not be in the County’s best interest, the County will
reimburse transportation equal to the air travel; as any extra days of lodging and meals, etc., will be
considered a personal, not reimbursable cost of the traveler.
d) Common carrier travel must be in “coach” class unless otherwise specifically authorized in advance by the
Chief Administrative Officer. Generally, any costs over and above coach class shall be considered a
personal, not reimbursable expense of the traveler.
e)
Rental cars may be used as part of a trip using public transportation if use of a rental car provides the most
economical and practical means of travel. Rental car costs will not be reimbursed without a receipt and
department head approval.
6) REIMBURSEMENT RATES
a)
Maximum Rate Policy - Maximum allowable rates for reimbursement may not be exceeded unless due to
special circumstances documented by the department head and approved by the Chief Administrative
Officer. The amount of any reimbursement above the maximum shall be at the sole discretion of the Chief
Administrative Officer.
b) Private Auto - Travel by private auto in the performance of “official County business” shall be reimbursed
at the Federal rate as determined by the Internal Revenue Service.
Mileage for travel shall be computed from the employees’ designated work place - if
travel begins from the employee’s residence, mileage shall be calculated from the
residence or work place, whichever is less. (For example, an employee who lives in
DSA Gen MOU Final –2002-2004
58
Chico and works in Oroville who must drive to a meeting in Sacramento will be
compensated for travel from Oroville to Sacramento and back to Oroville.)
The mileage reimbursement rate represents full reimbursement for expenses incurred by a County officer or
employee (e.g., fuel, normal wear and tear, insurance, etc.) during the use of a personal vehicle in the
course of service to Butte County.
c) Meals - Actual meal expenses, and gratuity not to exceed 15% of the bill, or within
maximum allowable rates set forth below, may be reimbursed routinely for Out-ofCounty travel and for In-County overnight travel. Meals will not be provided for InCounty travel or meetings that do not involve overnight lodging, unless special
circumstances are involved such as the following:
(1) When meals are approved as part of a program for special training sessions, conferences, and
workshops.
(2) When the Director of Human Resources deems it appropriate to provide meals to a Human
Resources interview panel.
(3) When senior managers and/or department heads of the County meet with executives of other
governmental agencies, community organizations, or private companies in a breakfast, lunch or
dinner setting in order to conduct County business. While such meetings are discouraged unless
absolutely necessary to the efficient conduct of County business, such expenses for County
managers and appointed department heads require approval by the Chief Administrative Officer.
An individual eligible for a full day’s meal per diem may be reimbursed for the actual cost
of meals up to a total of $50.00 per day, including gratuities, without regard as to how
much is spent on individual meals (e.g., breakfast, lunch, dinner, snacks), and without
receipts. If an employee is on travel status for less than a full day, costs may be
reimbursed for individual meals within the rates shown below:

Breakfast may be reimbursed only if an employee’s travel commences at least 2 hours in
prior to an employee’s regular work schedule.

Dinner may be reimbursed if travel is of at least 2 hours in duration past the end of the
employee’s regular work schedule.
Maximum allowable Meal Reimbursement
Breakfast
$10.00
Lunch
$15.00
Dinner
$25.00
Total for full day $50.00/day
d) Lodging - Lodging within County may be authorized by a department head if assigned activities require an
employee to spend one or more nights in an area of the County which is distant from their place of
residence.
(1) Lodging may be reimbursed up to $150.00 per night plus tax, single occupancy. The Chief
Administrative Office may approve extraordinary costs above this limit on a case by case basis
when the responsible department head and Chief Administrative Office determine that higher cost
is unavoidable, or is in the best interest of the County.
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(2) Department head authorization is required for lodging at a hosting hotel when the cost of the
lodging exceeds the limits set forth by this policy. To be eligible for a “hosting hotel”
classification, the lodging site must be listed on the conference/seminar flyer, brochure or
conference letterhead and this documentation must accompany the claim for reimbursement.
(3) Single rates shall prevail except when more than one County employee occupies the room.
However, nothing in this policy shall be construed to require employees to share sleeping
accommodations while traveling on County business. In all travel, employees are expected to
secure overnight accommodations as economically as possible and practical.
(4) Lodging arrangements should be made, whenever possible and practicable, at hotels/motels which
offer a government discount, will waive charges to counties for Transient Occupancy Tax, or at
which the County has established an account. When staying at such a facility, the name of the
employee and the department must appear on the receipt of the hotel/motel bill.
(5) Lodging for the night before, prior to, after, or following a conference, training, or meeting is
discouraged unless it is more efficient and practical to do so. The department head shall make this
determination based on such factors as distance and weather conditions before approving these
expenses.
(6) Personal expenses incurred for lodging (in-room movies, honor bar, snacks, etc) shall not be
reimbursable.
(7) Receipts are always required for lodging and must be submitted with the claim for reimbursement.
e)
Other - All other reasonable and necessary expenses (i.e., parking, shuttle, taxi, etc.) will be reimbursed at
cost if a receipt is submitted with the claim. Receipts are required except for those charges where receipts
are not customarily issued, for example, bridge tolls and snow chain installation and removal fees. When
specific cost guidelines are not provided by the County, reasonableness of the expense shall be considered
by the department head and Chief Administrative Officer before deciding whether to approve.
(1) Any costs incurred for alcoholic beverages or tobacco products are not reimbursable.
(2) Per the Attorney General, the County may not lawfully expend funds to reimburse County
employees for their expenses in buying meals for legislators or their aides at meetings to discuss
legislation of interest to the County.
(3) Personal services such as cleaning, laundering, barbering or similar items shall be considered
personal expenses and are not reimbursable. However, the Chief Administrative Officer may
consider unforeseen costs caused by extreme circumstances for reimbursement.
(4) Gratuities, other than those allowed for meals as outlined above, and personal gifts shall be
considered personal expenses and are not reimbursable.
7) ADVANCE PAYMENTS
a)
The Auditor-Controller may provide advance funds for estimated “out of pocket” expenses up to seventy
five percent (75%), but will not provide advances in an amount less than $100.00. The “out of pocket”
expenses may include meals, taxi and public transportation, lodging, parking, and pre-registration costs.
b) Travel advances at 100% will be allowed for all personnel who are attending required P.O.S.T or STC
training. Documentation to support that it is P.O.S.T. or STC approved training must be submitted with the
request for advance.
c)
Rental car expenses will not be eligible for an advance unless the car rental is included as part of the flight
reservation. Individuals authorized to rent a vehicle must possess a valid California driver’s license.
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d) Travel that is canceled or postponed for more than 30 days requires that any advanced funds be returned to
the Auditor-Controller’s office within five (5) working days of the scheduled departure date. If the advance
is not returned within this time frame, the employee could jeopardize their standing to receive advances in
the future.
8) COMPLIANCE – RESPONSIBILITY OF CLAIMANT
a)
It is the responsibility of the claimant to understand and follow all policies and procedures herein in order
to receive reimbursement for mileage, travel and expense claims. Any form completed improperly or
procedure not followed may result in the return of a claim without reimbursement.
b) Documentation required for reimbursement shall substantially conform to IRS requirements to substantiate
business expenses by adequate records or sufficient evidence corroborating the amount, time and place, and
business purposes. The primary evidence supporting these requirements shall be receipt. Claims submitted
without proper documentation and department head authorization will be denied or reduced accordingly.
9) PROCEDURES
a)
Authorization to incur expenses must be obtained as set forth in this County policy and as may be directed
by the department.
b) To request a travel advance, an employee must submit a Travel Advance Form with department head
approval showing the estimated cost of the trip to the Auditor-Controller’s Office no later than 15 working
days prior to the date of departure.
c)
Forms which require Chief Administrative Office approval should be submitted to the Chief Administrative
Office after department head approval at least 7 to 10 days prior to travel to allow time for processing
through County Administration and the Auditor-Controller’s Department.
d) Travel reimbursement claims and documentation of expenditures following travel advance are due to the
Auditor-Controller within 30 calendar days after completion of travel. The due date may be extended if
deemed appropriate by the County Auditor-Controller following written request by the department head
outlining the extenuating circumstances that justify such extension. Claims must itemize expenses as
indicated on claim forms, and must be processed with receipts attached.
e)
The amount of any travel advance provided shall be shown on the claim form and shall be deducted from
the total of all expenses listed on the claim form. If the amount advanced exceeds the actual expense, a
remittance, in the form of a personal check or money order only, must accompany the claim and be
submitted to the Auditor-Controller’s Office. Said claim must be submitted to the Auditor-Controller’s
Office within 30 calendar days. It is the responsibility of the department head to ensure that any excess
travel advances are returned to the County.
f)
The County Auditor-Controller upon receipt of properly completed claim forms will provide
reimbursements expeditiously. The Auditor-Controller’s Office shall promptly review claims to determine
completeness, and if found incomplete will return the request to the claimant noting the areas of deficiency.
g) Personal Mileage and Expense Claim forms should be completed for each calendar month, one month per
claim form. These monthly claims are due to the Auditor-Controller within 45 days following the end of
the month; however, the deadline may be extended if deemed appropriate by the County AuditorController. If monthly amounts to be claimed by an individual are too small to warrant processing at the
end of the month (i.e., less than $10.00), the claims for an individual may be accumulated and processed in
a batch when a reasonable claim amount has accrued. In any event, such claims shall be made and
submitted to the County Auditor-Controller for accounting and payment within the same fiscal year as the
expense was incurred, with the allowable exception of travel expenses incurred in mid-June.
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