Return to Menu

2004-2007
MEMORANDUM OF UNDERSTANDING
BETWEEN THE SAN BERNARDINO COUNTY CONSOLIDATED FIRE DISTRICT
AND THE SAFETY EMPLOYEES� BENEFITS ASSOCIATION
CONCERNING THE EMPLOYEES IN THE HAZARDOUS MATERIALS UNIT

PREAMBLE

The parties to this Agreement affirm their mutual commitment to the goals of effective and efficient public service, high employee morale, sound and responsible management of District business, and amicable employer-employee relations. The parties acknowledge that productivity improvement can only be achieved as a by-product to valuing people.

The parties encourage the highest possible degree of friendly cooperative relationships between their respective representatives at all levels and with and between all employees.

Return to Menu

RECOGNITION

Pursuant to the provisions of the Employee Relations Ordinance for Board-Governed Special Districts of San Bernardino County and applicable State law, the San Bernardino County Safety Employees� Benefit Association (SEBA) was certified on October 16, 2001, as the exclusive recognized employee organization for District employees in the Environmental Health Unit.

The District hereby recognizes SEBA as the exclusive recognized employee organization for the employees in the employee classifications comprising said Unit as listed in the certification, as well as employees in such classes as might be added to these Units hereafter by the District.

Return to Menu

The Association will be given a list of all new hires upon appointment to classifications represented by the Association. The list shall contain the name of each new hire. On the first day of orientation, new hires shall be advised that a representative of the Association will be present to address them at the conclusion of orientation.

Return to Menu

ACCESS TO PERSONNEL RECORDS

Personnel records are confidential and access to personnel records of the employee shall be limited to the of Human Resources Division Manager, the Fire Chief, the Board of Supervisors, or their authorized representatives. Employees currently employed by the District, and/or their representatives, designated by the employee in writing, will be allowed to review the employee�s personnel records during regular business hours.

The employee shall be excluded from inspecting letters of reference and other matters that are exempted by law.

Negative information may be purged from the personnel records maintained by the Human Resources Division, subject to legal constraints, at the sole discretion of Human Resources Division Manager or upon the request of the employee or the Appointing Authority, and upon approval of Human Resources Division Manager, and the employee shall be so notified.

Employees desiring to review such records shall make such request in writing at least twenty-four (24) hours in advance to the Fire Marshal or Human Resources Division Manager as appropriate.

Return to Menu

ACCESS TO WORK LOCATIONS

The parties recognize and agree that in order to maintain good employee relations, it is necessary for SEBA Field Representatives to confer with District employees during working hours.

Therefore, SEBA Field Representatives will be granted access to work locations during regular working hours to investigate and process grievances or appeals. SEBA Field Representatives shall be granted access upon obtaining authorization from the Appointing Authority or designated management representative prior to entering a work location and after advising of the general nature of the business, the employee(s) to be seen and the approximate time needed. However, the Appointing Authority or designated management representative may deny access or terminate access to work locations if, in their judgment, it is deemed that the visit would interfere with the efficiency, safety, or security of District operations. The Appointing Authority shall not unreasonably withhold timely access to work locations. The Appointing Authority shall ensure that there is, at all times, someone designated who shall have full authority to approve access. If a request is denied, the Appointing Authority or designated management representative shall establish a mutually agreeable time for access to the employee.

SEBA Field Representatives granted access to work locations shall limit such visits to a reasonable period of time, taking into consideration the nature of the grievance or appeal.

The Appointing Authority or designated management representative may mutually establish with the SEBA Field Representative reasonable limits as to the number of visits authorized with the same employee on the same issue, and reasonable limits as to the number of employees who may participate in a visit when several employees are affected by a specific issue. The District shall not unduly interfere

Return to Menu

ACCIDENTAL DEATH AND DISMEMBERMENT

Any employee may purchase amounts of Accidental Death and Dismemberment insurance coverage for themselves and dependents through payroll deduction according to the following schedule:

The District agrees to provide these benefits subject to carrier requirements, to be administered by the County�s Employee Benefits and Services Division. Selection of the insurance provider(s) and the method of computing premiums shall be within the sole discretion of the District.

New employees shall become eligible to participate in these programs on the start of the pay period following completion of one thousand forty (1,040) service hours of satisfactory service.

Note: All persons eligible for the foregoing programs of insurance will be covered for the insurance on the date the insurance becomes effective, or in the case where the employee is absent on the date the insurance becomes effective because of illness, the insurance will commence on the date of return to work.

Return to Menu

AUTHORIZED EMPLOYEE REPRESENTATIVES

Section 1 – Authorized Employee Representatives

SEBA may designate employees as authorized employee representatives or alternates to represent employees subject to the following rules and procedures. It is recognized that SEBA employs professional representatives that have been designated in the place of employee representatives.

(a) SEBA may designate at least one (1) authorized representative from each classification series. SEBA shall be entitled to designate one (1) alternate for each authorized employee representative.

(b) SEBA will designate only employees who have obtained regular status. (c) SEBA shall file with the Fire Chief and Human Resources Division Manager, a written list of all employees designated as authorized employee representatives and alternates, such list to be kept current by SEBA.

(d) Time spent during regularly scheduled work hours by an authorized employee representative or alternate in representing an employee shall only be compensated by the District as such representative�s or alternate�s base rate of pay.

(e) District vehicles and supplies may not be used. District telephones may not be used in implementing the provisions of this Article if such use would unduly interfere with the efficiency, safety, or security of the District operations and/or result in telephone costs to the District.

Section 2 � Handling of Grievances and Disciplinary Proceedings

(a) At the request of an employee, a field representative may investigate a formal grievance and represent the employee at the resulting proceedings or represent the employee during disciplinary proceedings.

(b) Prior to participating in any representation activity, the authorized employee representative or alternate and affected employee shall first obtain authorization from their immediate supervisor. The immediate supervisor may deny such request if it is deemed that such a request would unduly interfere with the efficiency, safety, or security of District operations. If the request is denied, the immediate supervisor will establish an alternate time convenient to the District when the authorized employee representative or alternate and affected employee can reasonably expect to be released from their work.

(c) Employees must use the authorized employee representative or alternate assigned.

Section 3 � SEBA Board of Directors

Up to two (2) authorized employee representatives or alternates will be permitted to attend SEBA Board of Directors meetings on District time; provided, however, that no such employee shall be released for more than two (2) hours per month. In January of each year of this Agreement, representatives of SEBA and the District will review the maximum number of attendees in this Section.

Monthly, SEBA shall notify the District of employee representatives who attended the previous SEBA Board of Directors meeting.

(c) Under no circumstances will the monetary value of the Benefit Plan be prorated.

(d) Employees who are on an approved medical leave of absence and whose paid hours in a pay period are less than the required number of hours designated in (a) will continue to receive the Flexible Benefit Plan contributions for up to six (6) pay periods per episode of illness or injury. Employees who are on an approved Worker�s Compensation claim shall receive up to an additional fourteen (14) pay periods of Flexible Benefit Plan contributions while off work due to that work injury, provided that no employee shall receive more than a total of twenty (20) pay periods of Flexible Benefit Plan contributions while on an approved medical leave of absence. Additional illnesses or injuries occurring at or around the same time an employee is off work due to an illness or injury shall not be considered an additional, distinct episode for purposes of obtaining additional Flexible Benefit Plan contributions. For a medical leave of absence due to an illness or injury to be considered a new episode of illness or injury, the employee must have returned to his/her regularly scheduled tour of duty.

(e) Employees may elect to integrate their paid leave time with State Disability Insurance (SDI). Integration of an employee�s paid leave time with SDI shall be allowed on a prospective basis only. Employees who are integrating paid leave time with SDI shall receive the benefits of this Section under the following circumstances: upon election of full integration of disability payments and paid leave time, employees who are paid less than one-half plus one of their scheduled hours but have available leave balances of at least one-half plus one of their scheduled hours shall receive the benefits of this Article. Employees who are on an approved leave of absence without pay under the Family Medical Leave Act of 1993 will continue to receive the Benefit Plan dollars for up to six (6) pay periods. Employees who are on a leave of absence without pay shall not be eligible to receive the monetary benefits of this Section unless on a medical leave or a Family Medical Leave Act eligible leave.

(f) If an employee is on an approved medical leave of absence but does not have a sufficient Flexible Benefit Plan dollars to cover his/her medical and/or dental premiums, the County will collect the employee�s Flexible Benefit Plan dollars to the extent possible to cover the employee�s medical and/or dental premiums without causing a negative pay warrant. Any remaining balances owed by the employee would be billed to the employee, or collected from the employee�s pay warrant once he/she returns to work.

Section 2 – Section 125 Premium Conversion Plan

(a) Eligible employees shall be provided with a Section 125 Premium Conversion Plan. The purpose of the Plan is to provide employees a choice between paying premiums with either pre-tax salary reductions or after-tax payroll deductions for health insurance, dental insurance, voluntary life (to the IRS specified limit) and accidental death and dismemberment insurance premiums currently maintained for employees or any other program(s) mutually agreed upon by the parties. The amount of the pre-tax salary reduction or after-tax payroll deduction must be equal to the required insurance premium.

(a) Benefit Plan elections shall not reduce earnable compensation for purposes of calculating benefits or contributions for the San Bernardino County Employees� Retirement Association.

(b) To be eligible for this benefit, an employee must be in a regular position and be regularly scheduled to work at least forty (40) hours in a pay period or be on an approved leave pursuant to the Family Medical Leave Act.

(c) Election of pre-tax salary reductions and after-tax payroll deductions shall be made within thirty (30) days of the initial eligibility period in a manner and on such forms designated by the Special Districts/County Fire Human Resources Division. Failure to timely submit appropriate paperwork will result in after-tax deductions for all eligible premiums for the remainder of the Plan Year.

(d) Once a salary reduction has begun, in no event will changes in elections be permitted during the Plan Year except to the extent permitted under Internal Revenue Service rulings and regulations and with the County�s Plan Document. Examples of mid-year qualifying events include: marriage, divorce, birth, adoption, death, over age dependent, loss of student status, you, or your spouse�s reduction in work hours, loss of spouse�s employment, gain or loss of spouse�s insurance, relocation outside an HMO network service area, entitlement to Medicare for you or your dependent, significant increase in County insurance cost during the Plan Year, loss of Medi-Cal or Medicaid coverage and spouse�s or dependent�s open enrollment. The employee must submit request for a change due to a mid-year qualifying event within thirty (30) days of the qualifying event. The County�s Human Resources Employee Benefits and Services Division Chief, or designee, will authorize changes, as long as the change is made on account of or consistent with an employee�s change in status.


Section 3 – Health and Dental Plan Coverage

(a) All eligible employees scheduled to work forty (40) hours or more per pay period in a regular position must enroll in a health and dental plan offered by the District/County. Employees who fail to elect health plan coverage will be automatically enrolled in the health and dental plan with the lowest bi-weekly premium rates available in the geographical location of the employee�s primary residence.

(b) To be eligible for District health and dental plan coverage, an employee in a regular position must be scheduled for a minimum of forty (40) hours and have received pay for at least one-half plus one hour of scheduled hours in a pay period or be on an approved leave pursuant to the Family Medical Leave Act. Employees on an approved Worker�s Compensation claim shall receive Flexible Benefit Plan contributions for up to twenty (20) pay periods while off work due to that work injury or illness. However, after the sixth (6th) pay period off work, the employee is no longer eligible for health and dental plan coverage. The employee will have the option of enrolling in COBRA continuation coverage.

(c) Enrollment elections must remain in effect for the remainder of the Plan Year unless an employee becomes ineligible for an HMO network service area.

(d) Eligible employees may elect to enroll their dependents upon initial eligibility for health and dental insurance. Thereafter, newly eligible dependents may be enrolled within thirty (30) days of obtaining dependent status, such as birth, adoption or marriage.

(e) Notification of a mid-year qualifying event must be submitted to the Special Districts/County Fire Human Resources Division in accordance with procedures adopted by the County. Employees are responsible for notifying the Special Districts/County Fire Human Resources Division within thirty (30) days of dependent�s change in eligibility for health and dental plans.

(f) Dependent(s) must be removed mid-Plan Year when a dependent(s) becomes ineligible for coverage under the insurance plan eligibility rules, for example divorce, over age dependent or gain of coverage on spouse�s employer provided insurance.

(g) Premiums for coverage will be automatically deducted from the employee�s pay warrant. Failure to pay premiums will result in loss of coverage for the employee and/or the dependents.

(h) Employees eligible for health plan coverage who are also enrolled in comparable group health plan sponsored by another employer or are covered by a spouse who is also employed with the District/County may elect to discontinue enrollment in their District/County-sponsored health plan (opt-out or waive).

    (1) Employees who previously elected to opt-out of District/County sponsored health plan coverage and continue to opt-out during the term of this MOU will forfit the bi-weekly Benefit Plan amounts specified in paragraphs (b) of Section 1 of this Article and will instead receive the following bi-weekly Benefit Plan amounts:

        (i) Employees scheduled for sixty-one (61) to eighty (80) hours per pay period shall receive one hundred thirty-three dollars and eighty-five cents ($133.85) per pay period; employees scheduled for forty (40) to sixty (60) hours shall receive sixty-six dollars and ninety-three cents ($66.93) per pay period.

        (ii) New employees or employees who elect to discontinue enrollment in a District/County sponsored health plan (opt-out) subsequent to the ratification of this MOU by the Board of Supervisros who are scheduled for 61 to 80 hours per pay period shall receive forty dollars ($40) per pay period; employees who opt-out after the ratification of this MOU scheduled for 40 to 60 hours per pay period shall receive twenty ($20.00) per pay period.

        (iii) To receive this Benefit Plan amount, the employee must be paid for a minimum of one-half plus one of their scheduled hours. For instance, an employee scheduled to work eighty (80) hours must be paid for a minimum of forty-one (41) hours.

    (i) Employees eligible for dental plan coverage who are also enrolled in a comparable group dental plan sponsored by another employer may elect to discontinue enrollment in their District/County-sponsored dental plan.

    (j) The rules and procedures for electing to opt-out of District/County-sponsored health and dental plan coverage are established and administered by the County Human Resources Division.

        (1) Employees may elect to opt-out of District/County health and/or dental plan(s) within thirty (30) calendar days of becoming eligible for another employer-sponsored group plan. Verification of coverage is not initially necessary as it will be required during the next annual open enrollment period.

        (2) Employees may elect to opt-out of District/County health and/or dental plan(s) during an annual open enrollment period. All employees electing opt-out during an annual open enrollment period, for reasons other than initial gain of another employer-sponsored group plan, must provide verification of other group plan coverage.

        (3) After initial opt-out, employees must re-elect the opt-out benefit and provide verification of continued coverage each year during subsequent open enrollment periods.

        (4) An employee who elects to opt-out of dental plan coverage may not re-enroll in a District/County-sponsored dental plan for a minimum of two (2) years unless the employee involuntarily loses coverage from the other employer-sponsored group dental plan. Employees who elect to enroll in County/District dental coverage, for reasons other than involuntary loss of another group sponsored dental plan coverage, may enroll during the open enrollment following completion of the two (2) year dental opt-out restriction. NOTE: a voluntary loss of other group dental insurance may result in a break in dental coverage until the two (2) year mandatory opt-out period is complete.

        (5) Employees who voluntarily or involuntarily lose their other group health plan coverage must enroll in a District/County-sponsored health plan within thirty (30) calendar days. Enrollment in the District/County-sponsored plan will be provided in accordance with the requirements of the applicable plan. If the employee elects not to enroll their eligible dependents, the dependents may only be added at a subsequent annual open enrollment period.

        (6) There must be no break in the employee�s health plan coverage between the termination date of the other employer group coverage and enrollment in a District/County health plan. Terms and conditions of the applicable plan will determine the required retroactive enrollment period and premiums required to implement coverage. Failure to notify the District/County of loss of group coverage within thirty (30) calendar days will require the employee to pay their insurance premiums retroactively on an after-tax basis.

    (k) An eligible employee whose spouse is also an eligible District or County employee may elect coverage as a dependent on their spouse�s or, if the employee is age eighteen (18) or younger, on their parent�s health and/or dental insurance plan in lieu of individual employee coverage. This is called a �waiver� to their District/County spouse�s or parent�s District/County insurance coverage. Such election must be made within thirty (30) calendar days of the employee�s, District/County parent or spouse�s eligibility for District/County health and dental insurance. During the Plan Year, an employee is responsible for notifying the District/County within thirty (30) days of ineligibility for the waiver, for example the dependent child turns nineteen (19) or the spouse leaves County or District employment. Changes will become effective on the first day of the pay period following the receipt and approval of all appropriate documentation. Loss of the spouse or parent�s District/County plan coverage will require the employee to immediately enroll in the District/County health and dental plans. Waivers may be changed during any subsequent annual health and dental open enrollment period.

Section 4 � Health Plan Subsidies

(a) For employees assigned to work in the Needles, Trona, Baker, and Ridgecrest work locations, a �Needles Subsidy� will be paid by the employee�s Department and will be equal to the amount of the premium difference between the indemnity health plan offered in these specific work locations and the lowest cost health plan provided by the District. The Subsidy will be discontinued when the lowest cost health plan becomes available to the employees.

(b) Effective July 9, 2005, the District will establish a Medical Premium Subsidy (MPS) program to reduce the cost of health plan premiums charged to eligible employees. The MPS shall not be applicable to dental plan premiums. The MPS amount payable for each eligible employee shall be based upon the number of persons the employee enrolls in the District-sponsored health plan in which the eligible employee has enrolled. The MPS shall not be considered compensation earnable for purposes of calculating benefits or contributions for the San Bernardino County Employees� Retirement Association (SBCERA); nor shall the MPS be converted to cash. No MPS will be provided to employees electing �Employee Only� health plan coverage during the term of this MOU.

        (1) Effective July 8, 2006, the MPS paid for each eligible employee electing Employee +1 health plan coverage shall be $72.30 per month ($33.24 per pay period). Effective July 7, 2007, the MPS paid for each eligible employee electing Employee +1 health plan coverage shall be $159.25 per month (73.22 per pay period).

        (2) Effective July 9, 2005, the MPS paid for each eligible employee electing Employee +2 health plan coverage shall be $131.35 per month ($60.39 per pay period). Effective July 8, 2006, the MPS paid for each eligible employee electing Employee +2 health plan coverage shall be $252.43 per month ($116.06 per pay period). Effective July 7, 2007, the MPS paid for each eligible employee electing Employee +2 health plan coverage shall be $371.29 per month ($170.71 per pay period).

Section 5 � Dental Premium Subsidy

(a) Effective July 7, 2007, the District will establish a Dental Premium Subsidy (DPS) program. The DPS shall not be considered compensation earnable for purposes of calculating benefits or contributions for the SBCERA; nor shall the DPS be converted to cash. The MPS paid for each eligible employee whose health and dental premiums exceed the flexible benefit dollars shall be $9.46 per pay period.

Return to Menu

BILINGUAL COMPENSATION

(a) Employees who, with the approval of their Appointing Authority, are required to perform bilingual translation before an officially convened court, appeals board, commission, or hearing body, in addition to their regular duties, shall be entitled to a bilingual per diem differential. Such differential shall apply regardless of the total time required per day for such translation. Such differential shall be twelve dollars ($12.00) per day and shall only be paid upon certification by the employee�s Appointing Authority or presiding official that such translation was performed.

(b) Employees in positions designated by the Appointing Authority which require employees as a condition of employment to perform bilingual translation involving the use of English and a second language (including American Sign Language) as a part of their regular duties, shall be entitled to bilingual compensation. Such compensation shall apply regardless of the total time required per day for such translation. Employees in such positions must be certified as competent in translation skills by the Human Resources Division to be eligible for compensation. There are three (3) levels of competency certification solely determined and administered by the Special Districts/County Fire Human Resources Division: Level 1 � verbal skill level: the use of English and a second language in verbal contexts which may require interpretation of simple documents in the second language; Level 2 � written skill level: reading, writing and speaking English and a second language; and Level 3 � technical skill level: reading, writing and speaking English and a second language using medical or legal terminology. Compensation per pay period shall be effective as follows: verbal skill level at fifty dollars ($50.00) per pay period, written skill level at fifty-five dollars ($55.00) per pay period, and technical skill level at sixty dollars ($60.00) per pay period.

Return to Menu

SEBA shall have the right to place notices on the bulletin boards. Bulletin boards may be used only for the following notices:

(a) Recreational and social affairs of SEBA;

(b) Notices of SEBA meetings;

(c) SEBA elections;

(d) Board minutes;

(e) Reports of SEBA committees;

(f) News releases regarding SEBA business; and

(g) Notices regarding candidates running for SEBA offices.

No notice or announcement shall contain defamatory, obscene, political (except with regard to those running for a SEBA office) or derogatory statements about the Fire District or any employee of the District. All notices to be posted must be dated and signed by an authorized representative of SEBA, and must have also been faxed to the Human Resources Division Manager or designee.

SEBA campaign posters may be posted on bulletin boards under the following conditions:

(a) The maximum size of the poster will be 8-1/2� by 11�;

(b) The content of the poster will only include the candidate�s name, picture, the position being sought and information relating to the candidate�s qualifications and position on salient issues; and

(c) The SEBA Executive Committee must approve the poster prior to posting.

Any violations of the above policy will require that the poster be removed from the bulletin board.

District equipment, materials, or supplies shall not be used for the preparation, reproduction or distribution of notices, nor shall such notices be prepared by District employees during their regular work time. SEBA may utilize the District�s interdepartmental mail system provided SEBA picks up and delivers necessary bulletins to the mail room, delivery to be concurrent with regular routes with no special trips made by the District, and SEBA holds the District harmless against any loss or delays in delivery.

In cases where SEBA represents more than one (1) authorized employee representation Unit at a work location, the space described above will become the bulletin board space for all employees represented by SEBA at that work location.

CLASSIFICATION

Classification is a management tool to ensure the accurate reflection of tasks and duties involved in each position for the purpose of recruitment, retention, compensation and organizational structuring. Whenever Unit positions are subject to any changes as a result of classification review, any Board of Supervisors� action shall be made on the recommendation of the Fire Chief. Any request to review a classification action shall be submitted to the Human Resources Division Manager. Any classification appeals shall be subject to the Classification Appeal Procedure as stated in the Personnel Rules for Board-Governed Special Districts. .

Return to Menu

DEFINITIONS

Listed below are definitions of terms commonly used in this Agreement.

Appointing Authority – Refers to the department head of the employee�s department (i.e., the Fire Chief). It includes any person who is designated as acting department head, employees acting for the department head during absence, and/or employees delegated all authority to act on behalf of the Appointing Authority on a regular basis.

County – Refers to San Bernardino County, a separate legal entity that contracts with the District to provide certain administrative functions to the District.

District – Refers to County Service Area 70, Consolidated Fire.

Human Resources Division Manager – Refers to the incumbent in the District Human Resources Division Manager�s position. It also includes any person who has been designated as acting Human Resources Division Manager, employees acting for the Division Manager during absence, and/or employees delegated authority approval on a regular basis by the Human Resources Division Manager.

Service Hours – Refers to paid hours during an employee�s regular tour of duty, up to eighty (80) hours per pay period. Time without pay and overtime hours do not count as service hours.

Working Days – Refers to the days that County Fire Administration is normally open to conduct business, i.e., Monday through Friday, excluding District holidays.

Board of Supervisors – Refers to the County of San Bernardino Board of Supervisors sitting as the governing body of the District.

Return to Menu

DEPENDENT CARE ASSISTANCE PLAN

The purpose of this Section 125 Dependent Care Assistance Plan (DCAP) is to permit eligible employees to make an election to pay for certain dependent care expenses with salary reduction from compensation contributed to the Plan before federal income or social security taxes are paid to the Internal Revenue Service (�Salary Reduction�) in accordance with Sections 125 and 129 of the Internal Revenue Code (IRC) of 1986 and regulations issued pursuant thereto. DCAP shall be construed to comply with said Code Sections and to meet the requirements of any other applicable provisions of law. DCAP exclusions from gross income do not affect compensation for retirement purposes.

DCAP will be administered by the Human Resources Division Manager, consistent with said IRC Sections.

(a) To be eligible for this benefit, an employee must be in a regular position and be scheduled for a minimum of forty (40) hours per pay period and be paid for a minimum of one-half plus one of the scheduled hours, be on an approved leave designated as Family Medical Leave Act, or be on an approved Military Leave..

(b) Enrollment in the Plan is limited to the annual open enrollment period or within thirty (30) calendar days of entry into an eligible position. Failure to submit participation agreement within the time frame shall result in an election to not participate in the Plan..

(c) Enrollment is required every Plan Year..

(d) An employee must elect to contribute to DCAP through salary reduction on forms approved by the Human Resources Division Manager. An employee election to participate shall be irrevocable for the remainder of the Plan Year. Once a salary reduction has begun, in no event will changes in elections be permitted during the Plan Year except to the extent permitted under Internal Revenue Service rulings and regulations and with the County�s Plan Document. Examples of mid-year �Change in Status� events include: marriage, divorce, birth, adoption, death, over age dependent, loss of student status, employee�s or employee�s spouse�s reduction in work hours, loss of spouse�s employment, significant increase or decrease in the cost of child care, and spouse�s or dependent�s enrollment in a similar plan. The employee must submit a request for a change due to a mid-year Change in Status event within thirty (30) days of the qualifying event. The County Human Resources Employee Benefits and Services Division Chief, or his/her designee, will authorize changes provided the change is made on account of and is consistent with an employee�s Change in Status event..

(e) Pursuant to IRC Section 125, any amounts remaining in the employee�s account at the end of the Plan Year must be forfeited. The County will use any forfeited amounts to help defray the Plan�s administrative expenses.

Return to Menu

DIFFERENTIALS

(a) Upon approval of this MOU, except as provided below, all employees in regular positions in this Unit shall receive a hazardous materials handling differential of one-hundred dollars ($100) per pay period over and above their base bi-weekly pay.

(b) Employees in regular positions assigned to the Hazardous Materials Response Team shall receive a differential of fifty dollars ($50.00) per pay period over and above their base bi-weekly pay.

Return to Menu

DISASTER SERVICE WORKERS

All employees covered by this Agreement are public employees, and, as such, are to serve as disaster service workers subject to such service activities as may be assigned to them by their superiors or by law, pursuant to Government Code Section 3100.

Return to Menu

All management rights and functions shall remain vested exclusively with the District except those, which are clearly and expressly limited in this Agreement. It is recognized merely by way of illustration that such management rights and functions include but are not limited to:

(a) The right to determine the mission and organizational structure of each of its agencies, departments, institutions, boards, and commissions.

(b) The right of full and exclusive control of the management of the District; supervision of all operations; determination of the methods and means of performing any and all work; and composition, assignment, direction, location, and determination of the size and mission of the work force.

(c) The right to determine the work to be done by the employees, including establishment of levels of service and staffing patterns.

(d) The right to change or introduce new or improved operations, methods, means or facilities; to recognize operations, modify or discontinue programs and services; or, to contract for work to be done; provided, however, that the parties shall meet and discuss the impacts of any contract proposed to be awarded which would contract for services currently being provided by Unit employees.

(e) The right to prescribe qualifications for employment and determine whether they are met; to hire, set and enforce performance standards, and promote employees; to establish, revise and enforce work rules; to schedule work time and time off; to require overtime and determine the necessity for overtime; to transfer, reassign, and lay off employees; to suspend, reduce in step, demote, discharge or otherwise discipline employees for cause; and to otherwise maintain orderly, effective, and efficient operations. This Article neither establishes nor grants any rights or benefits to SEBA or employees covered by this Agreement and the District shall be free to exercise its rights under this provision without challenge from SEBA or employees except where it can be demonstrated that such exercise is contrary to a specific limitation placed upon the District in another Article of this Agreement.

Return to Menu

DUAL APPOINTMENTS

The appointment of two (2) full-time employees to the same budgeted regular position may be authorized by the Human Resources Division Manager to facilitate training, to make assignments to a position which is vacant due to extended authorized leave of absence, or in an emergency. The most recently hired dual appointee shall enjoy all of the benefits of regular employees except regular status, unless the most recently appointed dual appointee has regular status in the classification. The most recently appointed dual appointee shall be notified in writing by the Human Resources Division Manager or designee and such notification will clearly define the benefits to which that employee is entitled. Upon return of the initial appointee or completion of the training period or emergency, the following procedure shall apply. If the most recently appointed dual appointee has regular status in the same classification, he/she shall be placed in a vacant position in the same classification in the bargaining unit. If no position is available, the employee shall be laid off, pursuant to the layoff provisions of the Agreement provided, however, that the initial appointee shall be excluded from the order of layoff. If the most recently appointed dual appointee does not have regular status in the classification, he/she may be appointed to a vacant position in the same classification in the bargaining unit; however, he/she shall be required to serve a probationary period unless waived by the Human Resources Division Manager. If the most recently appointed dual appointee held prior regular status in a lower classification immediately preceding the dual appointment, he/she shall have the right to return to the former classification and department. If he/she has not held prior regular status in a lower level classification, he/she shall be terminated.

Return to Menu

ELECTRONIC FUND TRANSFER

As a condition of employment, all employees must make and maintain arrangements for the direct deposit of paychecks into the financial institution of their choice via electronic fund transfer. Employees who have not made such arrangements by the end of the 4th pay period after their date of hire shall be subject to termination. In cases where an employee is unable to make arrangements for electronic fund transfer, the Human Resources Division Manager may allow an exception to this Article. Any exceptions granted may be reviewed periodically for continuation, subject to the approval of the Human Resources Division Manager.

Return to Menu

EMPLOYEE RIGHTS

The following are employee rights:

(a) The rights of employees to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations.

(b) The right of employees to refuse to join or participate in the activities of employee organizations and the right to represent themselves individually in their employment relations with the District.

(c) The right of employees to be free from interference, intimidation, restraint, coercion, discrimination, or reprisal on the part of an Appointing Authority, supervisor, other employees, or employee organizations as a result of their exercise of rights granted in this Article.

(d) The right of SEBA, upon its request and prior to implementation, to discuss with District Management any significant change in terms or conditions of employment which results in a significant impact on employees, except in emergencies.

Return to Menu

EXPENSE REIMBURSEMENT

Section 1 – General Provisions
The purpose of this Article is to define the policy and procedures by which employees shall report and be reimbursed for necessary expenses incurred on behalf of the District, except as may be otherwise provided in this Agreement.

Section 2 – Responsibilities
It shall be the responsibility of the Appointing Authority or designee to investigate and approve each request for expense reimbursement. It shall be the responsibility of each employee to obtain prior approval from the Appointing Authority or designee to incur a business expense or to exceed maximum allowable amounts provided in Section 7 of this Article. Prior approval may be in the form of standing orders issued by the Appointing Authority or designee. Failure to obtain prior approval may result in denial of any expense claim (or excess amount) not pre-approved.

Section 3 – Travel Authorization
(a) Travel outside the State of California must be approved by the County Administrative Officer or designee except when the trip outside California is within twenty (20) miles of the California border or travel through a location anywhere in the adjacent state as a means of arriving at a location within California. Requests for such travel shall be submitted to the County Administrative Office in triplicate on a standard �Travel Request� form, unless specifically approved in the District�s budget.

(b) The Appointing Authority or designee shall initiate travel requests. The County Administrative Officer and Auditor/Controller shall be notified in writing of all such designees.

(c) The Appointing Authority or designee is authorized to approve necessary travel within the State of California and use of transportation mode consistent with this Article.

Section 4 – Authorization for Attendance at Meetings
(a) The Appointing Authority or designee may authorize attendance at meetings at District expense when the program material is directly related to an important phase of District service and holds promise of benefit to the District as a result of such attendance.

(b) Authorization for attendance at meetings without expense reimbursement, but on District time, may be granted when the employee is engaged on the District�s behalf, but from which the gain will inure principally to the benefit of the employee and only incidentally to the District.

Section 5 – Records and Reimbursements
(a) Requests for expense reimbursement should be submitted once each month, except if the amount claimable for any month does not exceed twenty-five dollars ($25.00), the submission may be deferred until the amount exceeds twenty-five dollars ($25.00), quarterly or until June 30th during the current fiscal year, whichever occurs first. At the end of the fiscal year, expense reimbursement claim for July 1st and beyond must be on a separate claim from those expenses claimed for June 30th or earlier.

(b) Unless otherwise provided in this Article, original receipts or vouchers which verify the claimed expenditures will be required for all items of expense, except:

(1) Private mileage.

(2) Taxi, streetcar, bus and ferryboat fares; bridge and road tolls; and parking fees.

(3) Telephone and telegraph charges.

(4) Other authorized expenses which are less than one dollar ($1.00).

(c) Claims for expense reimbursement totaling less than one dollar ($1.00) in any fiscal year shall not be paid.

(d) Reimbursement shall not be made for any personal expenses such as, but not limited to, entertainment, barbering, etc.

(e) Except as otherwise provided in this Article, expense reimbursements shall be made on an actual cost basis.

(f) Expense reimbursement shall be made via Electronic Fund Transfer.

(b) Travel Via Private Automobile

(1) Reimbursement for the use of privately owned automobiles, to conduct District business, shall be at the IRS allowable rate or thirty-two cents (.32) per mile, whichever is greater. Reimbursement at this rate shall be considered as full and complete payment for actual necessary expenses for the use of the private automobile, insurance, maintenance and all other transportation-related costs. The District does not provide any insurance for private automobiles used on District business. The owner of an automobile is responsible for the personal liability and property damage insurance when the vehicle is used on District business.

(2) When employees traveling on official District business, leave directly from the principal place of residence rather than from their assigned work location, mileage allowed to the first work contact point shall be the difference between the distance from the residence to the assigned work location and the distance from the residence to the first work contact point. If the first work contact point is closer than the assigned work location, no mileage shall be allowed. If the employee departs from the last work contact point directly to the residence, the same principle governs.

Employees may have multiple assigned work locations. Mileage allowed is based on the assigned work location for that day. When employees have more than one assigned work location in a standard tour of duty, mileage shall be allowed between assigned work locations.

In no case will mileage be allowed between the employee�s residence and the assigned work location.

(c) Travel Via Rental Vehicles

Reimbursement will be provided for the cost of a rental vehicle for business purposes if the Appointing Authority or designee approves such use. Rental vehicles are covered for liability and vehicle physical damage under the District�s self-insurance program. Reimbursement will not be provided for the additional costs incurred if any employee purchases additional insurance or signs a Collision Damage Waiver (CDW) when renting a vehicle for District business. A copy of the rental agreement or rental receipt and gasoline receipt must accompany requests for reimbursement for gasoline for rental vehicles.

(d) Travel Via Air

When commercial aircraft transportation is approved the �cost of public carrier� shall mean the cost of air coach class rate including tax and security surcharges. Travel via charter aircraft shall be limited to emergencies, or when other types of transportation are impractical or more expensive. Specific prior approval for travel via charter aircraft must be obtained from the County Administrative Officer or designee.

Section 7 - Meals and Lodging

(a) Meal and lodging expenses shall not be allowed without prior approval of the Appointing Authority or designee as necessary for the purpose of conducting District business. Excess charges greater than the amounts listed below in paragraphs (b) and (c) may be authorized under special conditions, such as a convention requirement or in an area of unusually high cost (such as San Francisco Bay, Sacramento, Los Angeles and San Diego). Original receipts are mandatory to obtain reimbursement for all lodging expenses, and except as provided below, for all meal expenses claimed.

(b) The allowance for lodging is seventy-five dollars ($75.00) plus tax, per night, single, with receipt.

(c) Compensation for meal expenses may be provided as follows:

(1) Option 1 - With receipts, an employee may be reimbursed for meal expenses up to fifty dollars ($50.00) per day, including tax and gratuity, for three (3) meals, or when separate meals are claimed, eleven dollars ($11.00) for breakfast, fifteen dollars ($15.00) for lunch; and twenty-four dollars ($24.00) for dinner, all including tax and gratuity.

(2) Option 2 - Without receipts, an employee may be reimbursed for meal expenses up to thirty-four dollars ($34.00) per day, including tax and gratuity, for three (3) meals, or when separate meals are claimed, six dollars ($6.00) for breakfast, nine dollars ($9.00) for lunch, and nineteen ($19.00) for dinner, all including tax and gratuity.

(3) All meals for a single day must be claimed under either option 1 or option 2.

(d) Meal allowances for a business meeting/conference including meals are the actual cost.

(e) The parties agree that it is the basic responsibility of employees to anticipate and make provision for their own meals. In emergency situations at the work site, if an employee is unable to obtain a meal due to extraordinary working conditions or an extremely remote work site, the District shall make every effort to provide meals.

Section 8 - Expense Advances

Advancement of funds for business expenses can be obtained from the Auditor/Controller�s office through submission of the appropriate form. Advancements shall not exceed the maximum per diem amounts set forth herein. The minimum amount to be advanced is twenty-five dollars ($25.00). Upon return from travel, the employee must submit an expense reimbursement form and all receipts documenting expenses incurred. If the employee does not submit this accounting within fifteen (15) calendar days of return from travel, or prior to termination of District employment, the Auditor/Controller�s office may recover the amount advanced from the employee�s pay.

Return to Menu

FLEXIBLE SPENDING ACCOUNT

The purpose of this Section 125 Medical Expense Reimbursement Flexible Spending Account (FSA) is to permit eligible employees to make an election to pay for qualifying medical care expenses, as determined by Section 213 of the Internal Revenue Code of 1986 (IRC), on a pre-tax basis by salary reduction in accordance with Section 125 and 105(b) of the IRC and regulations issued pursuant thereto. FSA shall be construed to comply with said Code Sections and to meet the requirements of any other applicable provisions of law. FSA exclusions from gross income do not affect compensation for retirement purposes.

FSA will be administered by the County�s Human Resources Division Chief, Employee Benefits and Services, consistent with IRC Sections.

a) To be eligible for this benefit, an employee must be in a regular position and regularly scheduled to work forty (40) or more hours per pay period and paid for a minimum of one-half plus one of the scheduled hours, be on an approved leave designated as Family Medical Leave Act, or on an approved military leave.

b) Enrollment in the Plan is limited to the annual open enrollment period or no later than the last day of the pay period following the pay period of becoming eligible. Failure to submit an election agreement within the specified time frame shall result in an election to not participate in the Plan. The FSA Plan year will coincide with the County�s Human Resources Division Chief, Employee Benefits and Services Benefit Plan year.

c) Enrollment is required every Plan year. An employee must elect to contribute to FSA through salary reduction on forms approved by the District Human Resources Division Manager.

d) Eligible employees may contribute, on a pre-tax basis, a minimum of five dollars ($5.00) and a maximum of twenty-five ($25.00) per biweekly pay period to a flexible spending account. An employee election to participate in the Plan shall be irrevocable for the remainder of the Plan year. Once a salary reduction has begun, in no event will changes to elections or discontinuation of contributions be permitted during the Plan year except to the extent permitted under Internal Revenue Service rulings and regulations and with the County�s plan documents. Examples of eligible mid-year Change in Status events include: marriage, divorce, birth, adoption, death, over age dependent, loss of student status, the employee�s or employee�s spouse reduction in work hours, and loss of spouse�s employment. The employee must submit a request for a mid year Change in Status event within thirty (30) days of the qualifying event. The County�s Human Resources Division Chief, Employee Benefits and Services, or designee, will authorize changes provided that the change is made on account of and consistent with an employee�s qualifying Change in Status event.

e) Pursuant to IRC Section 125, any amounts remaining in an employee�s account at the end of the Plan year must be forfeited. The County will use any forfeited amounts to help defray the Plan�s administrative expenses.

Return to Menu

FULL UNDERSTANDING, MODIFICATION AND WAIVER

The parties acknowledge that during the negotiations which resulted in this Agreement, each had the full right and adequate opportunity to make demands and proposals with respect to any subject or matter within the scope of representation, and that the understandings arrived at after the exercise of that right are set forth in this Agreement. The express provisions of this Agreement, for its duration, therefore constitute the complete and total contract between the District and SEBA with respect to wages, hours and other terms and conditions of employment. Any prior or existing Agreement between the parties, whether formal or informal, regarding any such matters are hereby superseded and terminated in their entirety. Therefore, the District and SEBA for the life of this Agreement, each voluntarily waives the right to meet and confer in good faith with respect to any subject or matter referred to or covered in this Agreement.

Return to Menu

GRIEVANCE PROCEDURE

Section 1 – Purpose
The District and SEBA fully realize the importance of a viable grievance procedure to aid in the resolution of disputes. As such, this procedure is intended to establish a systematic and orderly method of processing grievances. It is not intended to be used to effect changes in the terms of this Agreement or those matters not covered by this Agreement. The Board of Supervisors, sitting as the governing body for Special Districts, and SEBA have pledged that their representatives at all levels will extend active, aggressive and continuing efforts to secure prompt disposition of grievances. The initiation of a grievance in good faith by an employee shall not cause any adverse reflection on the employee�s standing with immediate supervisors or loyalty as a District employee.

Section 2 – Definition of a Grievance
A grievance is a timely, sufficient and good faith allegation by an employee, group of employees, or SEBA that there has been a violation concerning the interpretation or application of a specific Article(s) of this Agreement. SEBA may not independently submit or process a formal grievance, unless it alleges that at least one (1) employee within the Unit has suffered detriment as a result of the aggrieved contract provision.

Section 3 – Jurisdiction
The Human Resources Division Manager or designee shall have the sole authority within the District structure to provide the official management interpretation or application to any and all provisions of this Agreement. The arbitrator has the final authority within the District structure to adjudicate all grievances, as defined or otherwise provided herein. The arbitrator holds no jurisdiction over a grievance where the remedy has been granted or otherwise provided.

Section 4 – Exclusions
All matters are excluded from this procedure, which deal with the �District Management Rights� Article; the project compensation provisions of the �Temporary Performance of Higher Level Duties� Article; federal or state statutes, rules or regulations; District Personnel Rules; or which are preempted by County Charter or are excluded by an express provision of this Agreement.

There shall be no double or multiple requests or appeals for a same case/same set of circumstances where one adjudicatory body has rendered a decision on the same. Decision is to be interpreted as excluding a situation where an adjudicatory body has determined it has no jurisdiction in the matter.

Except as otherwise provided by this Agreement or state or federal statute, this grievance procedure shall be the sole and exclusive procedure for seeking recourse on the grievance.

Section 5 – Representation
Aggrieved employee(s) may represent themselves, or may be represented by a SEBA Field Representative. This representation may commence at any step in the Grievance Procedure. A representative of Human Resources may be in attendance at any step in the Grievance Procedure. The District agrees within reasonable limits to compensate the aggrieved employee(s) for time spent during regularly scheduled hours in the handling of real and prospective grievances.

Section 6 – Consolidation of Grievances
In order to avoid the necessity or processing numerous similar grievances at one time, similar grievances shall be consolidated whenever possible.

Section 7 – Time Limitations and Notification
Time limitations are established to settle a grievance quickly. Time limits may be modified only by agreement of the parties in writing. If at any step of this Grievance Procedure, the grievant is dissatisfied with the decision rendered, it shall be the grievant�s responsibility to initiate the action which submits the grievance to the next level of review within the time limits specified. Failure to submit the grievance within the time limits imposed shall terminate the grievance process and the matter shall be considered resolved. For purposes of this Grievance Procedure, notification to a party may be given either personally, by U.S. mail, telephonically, or via E-mail.

The grievant shall promptly proceed to the next step if a reviewing official does not respond within the time limits specified. A grievance may be entertained or advanced to any step beyond Step 2, Human Resources Division, if the parties jointly so agree. A copy of such agreements bearing the signature of the parties shall be filed with the Human Resources Division.

When notice is mailed to an employee, it shall be sent to the employee�s current address of record. For the purpose of this procedure, notice by mail shall be deemed to have been completed on the fifth calendar day following deposit of notice with the United States Postal Service, unless the party can establish that notice was not actually received as a result of circumstances beyond the party�s control.

Section 8 – Steps in the Grievance Procedure
The procedures outlined herein constitute the steps necessary to resolve an employee�s grievance. The attempt of settlement of grievances must be submitted at Step 1 within fifteen (15) working days after the employee is aware of the conditions precipitating the grievance. For example, anything written on the employee�s time card is considered actual notice.

Step 1 – Immediate Supervisor. As a prerequisite to the filing of a formal grievance, the employee having a grievance shall, on a personal face-to-face basis, discuss the complaint with the immediate supervisor. At this step, it is the responsibility of the employee to inform the supervisor that he/she is initiating the grievance process. Within three (3) working days the immediate supervisor shall give the decision to the employee orally. If immediate supervisor is not available, next in command should be notified. The employee shall notify the immediate supervisor in writing (preferably by e-mail) if the employee advances the grievance to the next step.

Step 2 – Human Resources Division. If a mutually acceptable solution has not been reached in Step 1, the grievant shall submit the grievance in writing on appropriate forms supplied by the Human Resources Division which shall provide, in order to be considered, a detailed statement of the grievance, including the date of occurrence, names of witnesses or individuals involved, location, applicable Agreement Articles alleged to have been violated, date discussed with immediate supervisor, and the specific remedy or action requested. The written grievance shall be filed in triplicate with the Human Resources Division within ten (10) working days of oral notification of the immediate supervisor�s decision. The Human Resources Division shall make a determination of whether the grievance is a matter for which the Grievance Procedure is appropriate. In making such determination, the Human Resources Division shall determine if: (1) the grievance has been filed in a timely manner; (2) the initial step has been followed; (3) the grievance contains information required; and (4) if the grievance alleges that specific Memorandum of Understanding Article(s) has been misinterpreted, misapplied, or violated. The determination and notification to the grievant and SEBA will be made within five (5) working days of receipt of the grievance. If the Human Resources Division determines that the grievance is not subject to this procedure, the employee or SEBA may appeal this decision directly to the arbitrator, in accordance with the provisions of this procedure, within five (5) working days.

Step 3 – Division Level. If the grievance is accepted, the grievant shall submit the written grievance to the division level within five (5) working days of notification of the Human Resources Division�s determination. The Division/Section Head shall meet with the grievant and thoroughly discuss the grievance. The Division/Section Head shall submit a written response to the grievant within five (5) working days of receipt of the formal grievance from the employee.

Step 4 – Human Resources Division. If a mutually acceptable solution has not been reached, the grievant shall submit the written grievance to the Human Resources Division within five (5) working days of the receipt of written response of the Division/Section Head.

Following a review of the grievance with the Appointing Authority, the Human Resources Division Manager or that individual�s designee shall have full and final authority on behalf of the District to mutually resolve the grievance with the employee/employee�s representative within ten (10) working days of receipt of the written grievance of the employee. Such notification shall be rendered in writing to the grievant, SEBA and the Appointing Authority. Only SEBA may appeal this determination directly to an arbitrator in accordance with the provisions of this procedure within five (5) working days following notification by the Human Resources Division.

Step 5 – Pre-Arbitration Process. If the grievance has not been satisfactorily resolved at Step 4 by the District and the grievant, a written appeal to arbitration must be filed concurrently with the Human Resources Division and SEBA within five (5) working days of notification of the decision by the Human Resources Division Manager or that individual�s designee. The appeal must be presented on the aforementioned grievance form along with a copy of any pertinent documents.

Grievances shall only be advanced to arbitration by SEBA. The cost for hearing all grievances advanced to arbitration shall be split equally between the District of the grievant and SEBA, including any cancellation fee if both parties are mutually responsible, otherwise the party responsible shall pay the entire cancellation fee.

Pre-arbitration conferences are to be mandatory and no grievances shall be forwarded to the arbitration process without the same. Within twenty (20) working days of the approval to advance a grievance to arbitration, both parties are required to meet in such conference with the goal of resolving mutually identified grievance issues. If resolution is not attained, both parties are obligated at that time to jointly or individually declare stipulations, identify witnesses and exchange exhibits that will be carried forward to the arbitration process, the intent being full disclosure by both sides prior to the arbitration process. No new issues or violations may be raised at the pre-arbitration hearing conference.

Step 6 – Arbitration. The Human Resources Division and the employee or SEBA shall select an arbitrator by mutual agreement. Where mutual agreement cannot be reached, within five (5) days the parties shall request a list of arbitrators from the State Mediation and Conciliation Service, and mutually select an arbitrator from said list. Where mutual agreement cannot be made, the arbitrator shall be determined following a striking process. The determination as to which party strikes first shall be based on a coin flip. If the last remaining person on the list is not available, the previously stricken person(s) shall be contacted in reverse order until one is available. The parties shall contact the arbitrator to establish a hearing date acceptable to both parties.

(a) In reaching a decision and award the arbitrator shall limit himself to the allegations contained in the grievance presented in relation to the express provisions of the agreement alleged to have been violated. Further, the arbitrator shall have no authority to amend, change, add to, subtract from, or ignore any provisions of this agreement. Lastly the arbitrator shall not substitute his judgment for that of the District on matters pertaining to the exercise of managerial discretion except where it can be shown by the grievant/SEBA that the District abused its discretion. The arbitrator shall not grant any right or relief on any grievance occurring at any time other than the contract period in which such right originated. If the arbitrability of the grievance is in dispute, the arbitrator shall render a decision on the arbitrability of the dispute prior to scheduling a hearing on the merits of the grievance.

(b) The decision of the arbitrator will be in writing and transmitted to the parties within thirty (30) calendar days after the close of the hearing. This decision may require an Appointing Authority or a subordinate to cease and desist from the action, which is the subject of the grievance. The arbitrator may also require the Appointing Authority to take whatever action is necessary, within the control of the Appointing Authority, to remedy the grievance or take other action to relieve the loss, if any, to the employee. Under no conditions can the arbitrator order relief that exceeds the relief requested by the grievant and shall be limited to making the grievant whole. In the event the arbitrator determines that monetary relief is an appropriate remedy, he/she shall limit any retroactive award, including interest, to a date that is no earlier than fifteen (15) working days from the date the grievance was filed in writing.

(c) The arbitrator�s decision shall be transmitted to the Human Resources Division and SEBA with a copy to the grievant.

(d) All grievances shall be treated as confidential and no publicity will be given until the final resolution of the grievance.

(e) The decision by the arbitrator shall be final and binding on all parties unless appealed or there is a financial impact of greater than one thousand dollars ($1,000.00), in which case it shall be subject to approval of the Board of Supervisors.

(f) For grievance decision with financial impact of greater than one thousand dollars ($1,000.00), the Human Resources Division will submit the grievance decision within ten (10) working days to the next meeting of the Board of Supervisors. If the Board of Supervisors fails to act within thirty (30) days following receipt of formal notice of the decision of the arbitrator, it shall become final and binding. A copy of the decision shall be filed with the Human Resources Division, SEBA and the grievant.

(g) The District will submit a request for payment to the Auditor within five (5) working days of the Board decision.

Prior to Step 5 – The parties (Human Resources Division Manager or designee and SEBA) may by mutual agreement utilize mediation for grievances filed under the provisions of this Agreement. The mediation process described in this Section may be invoked only by the two (2) parties identified herein and is expressly an exception to the language contained in Section 5 of this Article.

The parameters of the mediation process, where mutual resolution of the grievance or disciplinary appeal sought, are as follows:

(a) The parties (Human Resources Division Manager or designee and SEBA) shall exchange in writing the agreement to refer a specific grievance or disciplinary appeal to mediation.

(b) The grievant shall have the right to be present, represented by SEBA as the sole, exclusive bargaining agent.

(c) The grievant shall have SEBA as the singular spokesperson and the District a representative from the Human Resources Division, with neither side allowed the presence of an attorney.

(d) Any written material submitted to the mediator shall be returned to the party providing the material at the conclusion of the mediation meeting.

(e) The mediation process shall be as follows:

    (1) The mediation meeting shall be an informal process, limited to a one (1) hour presentation for each side, not restricted to the rules of evidence, no retention of a proceedings record.

    (2) The mediator will meet jointly with the parties and separately, if necessary.

    (3) The mediator has no authority to compel resolution of the matter mediated.

    (4) The oral advisory opinion of the mediator shall be given at the conclusion of the meeting and the parties may opt to agree in writing to the opinion, reject the same mutually or singularly and proceed to the next step of the usual process, or remove the matter from the process by mutual agreements.

    (5) The advisory opinion accepted in writing by the two (2) parties does not constitute a precedent and is not admissible as evidence in any future process governed by this Agreement.

(f) Where possible the parties shall utilize the mediation services provided by the California State Mediation and Conciliation Service. In the event that the mediation process would result in fees for service rendered by the State or by use of a private hearing officer, such costs shall be equally divided between the District and SEBA.

(g) The post-mediation process is restricted by the following:

    (1) No person serving in the capacity as a mediator may serve as the arbitrator for the same case should the same be forwarded to arbitration.

    (2) No reference to a matter mediated may be utilized in a subsequent arbitration or hearing unless stated in writing at a step prior to the mediation. The penalty for violation of this understanding shall be forfeiture of the hearing or appeal by the party violating the same.

(h) This procedure may be modified by mutual agreement of both parties.

Return to Menu

IMPLEMENTATION

This Agreement constitutes a mutual agreement by all members of each parties� bargaining team to be jointly submitted to the Board of Supervisors for approval. It is agreed that this Agreement shall not be binding upon the parties either in whole or in part unless and until approved by the Board of Supervisors.

Any changes to this Agreement, which do not have specific effective dates, become effective on the date of Board of Supervisors approval.

Return to Menu

JOB SHARING AND PART-TIME EMPLOYMENT

At the discretion of the Appointing Authority, an employee may be allowed to job share or to work on a part-time basis in a regular position. Job share is defined as two (2) employees sharing one regular position. Part-time employment is defined as an employee working in a regular position that is scheduled for less than eighty (80) hours per pay period.

Benefits for job sharing and part-time employees shall be as provided in the appropriate Article. Each employee shall be notified in writing by the Appointing Authority at the time of the appointment and such notification will clearly define the benefits to which each employee is entitled.

The Appointing Authority may discontinue part-time or job share status with written notice at least two (2) pay periods prior to the effective date of the change.

Return to Menu

LABOR MANAGEMENT TASK FORCE

The parties recognize that delivery of public services in the most efficient and effective manner is of paramount importance and interest to the District and SEBA. Maximized productivity is recognized to be a mutual obligation of both parties within their respective roles and responsibilities.

To this end, the parties agree that a Labor Management Task Force comprised of equal numbers of management and employees shall be created as necessary to address issues which affect the efficient and effective delivery of public services appropriate to each department and Unit employees. The purpose of such a Task Force shall be to:

(a) Review and provide input on proposed departmental policies and procedures.

(b) Develop, review, and prioritize work simplification project proposals.

(c) Develop and review solutions to specific program problems.

The Appointing Authority in conjunction with the Human Resources Division and SEBA shall determine the composition of each Task Force. The Appointing Authority or designee shall select the chairperson(s) of the Task Force. Meetings will be held as often as necessary to discharge the functions of the Task Force. The Task Force will establish reasonable time frames for the accomplishment of its charges.

Recommendation of the Task Force will be arrived at by consensus and shall be submitted in writing to the Appointing Authority for final action, subject to review and approval. The Task Force shall not have any right or authority to abrogate representation rights of SEBA or District Management rights, nor shall this Article be subject to the Grievance Procedure.

Return to Menu

LAYOFF

Layoff shall be governed exclusively by the District�s Personnel Rules except that ties in seniority, for purposes of determining order of layoff, shall be broken first by:

(b) Hire Date in County

(c) Service Hours

Return to Menu

LEAVE PROVISIONS

(1) Sick Leave – Sick leave with pay is an insurance or protection provided by the District to be granted in circumstances of adversity to promote the health of the individual employee. It is not an earned right to time off from work. Sick leave is defined to mean the authorized absence from duty of an employee because of physical or mental illness, injury, pregnancy, confirmed exposure to a serious contagious disease, for a medical, optical, or dental appointment.

(2) Immediate Family – Immediate family is defined as parent, child, spouse, or domestic partner as defined by California Family Code Section 297.

(3) Extended Family – Extended family is defined as grandchild, grandparent, sibling, parent/sibling-in-law, aunt, uncle, niece, nephew, foster child, ward of the court, or any step relations as defined herein.

(b) Accumulation - Employees in regular positions shall accrue sick leave for each payroll period completed, prorated on the basis of 3.69 hours per pay period, except as provided in Section 5 of this Article. Earned sick leave shall be available for use the first day following the payroll period in which it is earned. Employees in regular positions paid less than eighty (80) hours per pay period or job-shared positions shall receive sick leave accumulation on a pro-rata basis.

(c) Compensation - Approved sick leave with pay shall be compensated at the employee�s base rate of pay, except as otherwise provided in this Agreement. The minimum charge against accumulated sick leave shall be fifteen (15) minutes.

(d) Administration

(1) Investigation - It shall be the responsibility and duty of the Appointing Authority or designee to investigate each request for sick leave and to allow sick leave with pay where the application is determined to be proper and fitting, subject to approval of the Human Resources Division Manager.

(2) Notice of Sickness - In twenty-four (24) hour departments and for employees whose work assignment requires leaving their assigned work site together with one or more other employees shortly after reporting to work, the Appointing Authority or designee should be notified at least two (2) hours prior to the start of the employee�s scheduled tour of duty of a sickness on the first day of absence. For all other employees, the employee�s supervisor must be notified at least one-half (1/2) hour prior to the start of the employee�s scheduled tour of duty of a sickness on the first day of absence.

It is the responsibility of the employee to keep the Appointing Authority or designee informed as to continued absence beyond the first day for reasons due to sickness or occupational disability. Failure to make such notification shall result in denial of sick leave with pay. If the employee receives a doctor�s off-work order and provides notice of same to the Appointing Authority, the employee is not required to contact the department daily. If the employee does not have an off-work order or has not notified the Appointing Authority that one has been issued, the employee shall be required to contact the department daily in accordance with the timeframe above. If an employee fails to return to work for three (3) consecutive days following an approved leave of absence or upon expiration of an off work order, the employee may be subject to Automatic Resignation in accordance with the Personnel Rules for the Board-Governed Special Districts.

(3) Review - The Human Resources Division Manager may review and determine the justification of any request for sick leave with pay and may, in the interest of the District, require a medical report by a doctor to support a claim for sick leave pay.

(4) Proof - The employee shall provide a doctor�s certificate or other adequate proof in all cases of absence due to illness when requested by the Appointing Authority.

(5) Improper Use - Evidence substantiating the use of sick leave for willful injury, gross negligence, intemperance, trivial indispositions, instances of misrepresentation, or violation of the rules defined herein will result in denial of sick leave with pay and shall be construed as grounds for disciplinary action including termination.

(e) Sick Leave for Other than Personal Illness/Injury

(1) Family Sick Leave - FFor all units a maximum of one-half (1/2) of the employee�s annual accrual of earned sick leave per calendar year may be used for attendance upon the members of the employee�s immediate family who require the attention of the employee.

Upon approval of the Appointing Authority, the employee may use part of this annual allowance for attendance upon members of the employee�s extended family residing in the employee�s household who require the attention of the employee.

(2) Bereavement - A maximum of three (3) days earned sick leave may be used per occurrence for bereavement due to the death of persons in the immediate or extended family, as defined herein, or any relative who resided with the employee. Employees in regular positions may use up to two (2) days paid leave, not charged to the employee�s personal leave balances, per occurrence for bereavement due to the death of they employee�s immediate family, as defined herein.

(3) Birth/Adoption - A maximum of forty (40) hours earned sick leave may be used per occurrence for arrival of an adoptive child at the employee�s home. An employee (father) may utilize on an annual basis no more than forty (40) hours of accumulated sick leave per calendar year for the birth of his child.

(4) Medical, Optical or Dental Appointments - The employee may use sick leave for medical, dental or optical appointments. However, every effort should be made to schedule the appointments at a time of day that will minimize the employee�s time off work.

(f) Return-to-Work Medical Clearance

(1) Under the following circumstances, all employees who have been off work due to an illness or injury will report to the San Bernardino County Center for Employee Health and Wellness for a medical evaluation of their condition and authorization to return to work before returning to work.

(i) Employees whose treating physician or other qualified medical provider has ordered job modification(s) as a condition for either continuing to work or for returning to work after an illness or injury. This applies to both occupational and non-occupational illness or injury.

(ii) Employees who have been off work due to communicable diseases such as, but not limited to, chicken pox and measles.

(iii) Employees who have been absent on account of a serious medical condition, when so directed by their Appointing Authority, and with concurrence of the San Bernardino County Center for Employee Health and Wellness.

(2) Employees are required to attend return-to-work medical appointments at the Center for Employee Health and Wellness on their own time; however, mileage for attending such appointments are eligible for reimbursement pursuant to the Expense Reimbursement Article.

(3) It is the responsibility of the employee, covered by (f) (1) (i) - (iii) above, to obtain written notice from their medical provider of their authorization to return to work with or without job modification. To ensure all necessary and relevant medical information is provided, the District/County shall make available forms to be completed by the medical provider. It is the responsibility of the employee to provide verbal notice to their Appointing Authority or designee immediately upon receipt of their medical provider�s authorization to return to work, and no later than twenty-four (24) hours after receipt of the notice. The Appointing Authority or designee will schedule an appropriate medical evaluation for the employee with the Center for Employee Health and Wellness prior to the employee�s return to work. The employee shall provide their medical provider�s written notice of authorization to return to work to the Center at or prior to the employee�s scheduled appointment time.

(4) Exceptions to the above requirements may be made on a case-by-case basis by the Medical Director or designee for the Center for Employee Health and Wellness.

(5) The employee is obligated to attend the appointment as scheduled under the conditions outlined above. If the employee fails to adhere to the procedure, the employee is required to use sick leave or leave without pay for any work hours missed. If required notice has been provided, and there is a delay between the employee�s appointment with the Center for Employee Health and Wellness and the start of his/her scheduled tour of duty on the day that he/she was released to return to work, the District/County will pay for work hours missed, without charge to the employee�s leave balances.

(6) The final decision on the employee�s ability to return to work rests with the medical provider at the Center for Employee Health and Wellness. In the event the employee is not released to return to work by the medical provider at the Center for Employee Health and Wellness, the employee�s status would continue on sick leave or, where there is no balance, leave without pay.

(g) Workers' Compensation - Employees shall receive full salary in lieu of Workers� Compensation benefits and paid sick leave for the first forty (40) hours following an occupational injury or illness, if authorized off work by order of an accepted physician under the Workers� Compensation sections of the California Labor Code. Thereafter, accumulated paid leave may be prorated to supplement such temporary disability compensation payments, provided that the total amount shall not exceed the regular gross salary of the employee. Employees eligible for salary continuation pursuant to Labor Code 4850 are not entitled to this paid time.

(h) Separation - Unused sick leave shall not be payable upon separation of the employee, except as provided in paragraph (i).

(i) Sick Leave Cash-Out - Employees who hold regular positions in the Districts service and are currently members of the San Bernardino County Employees� Retirement Association, shall receive compensation in accordance with the following.

After ten (10) years of continuous service from date of hire in a regular position and upon retirement, death, or separation, an employee or the estate of a deceased employee will be paid for unused sick leave balances according to the following formula:

Sick Leave Balance As of Date of Separation	Cash Payment % of Hours of Sick Leave Balance
480 hours or less	30%
481 to 600 hours	35%
601 to 720 hours	40%
721 to 840 hours	45%
841 to 1000 hours	50%

Employees who receive a disability retirement due to permanent incapacity to work shall be entitled to one hundred percent (100%) cash payment of any unused sick leave balances, computed at their then current base hourly rate, if they elect an early retirement in lieu of exhausting such accrued sick leave balances. In no event shall any employee, except those receiving a disability retirement, receive compensation under this Section in excess of five hundred (500) hours pay computed at the then current base hourly rate of said employee.

(j) Perfect Attendance - Employees in regular, full-time positions who do not utilize any sick leave in a calendar year (i.e., pay period 1 through pay period 26 or 27, when applicable, of the same year), and who do not record any sick leave without pay or absent without pay during that year, shall receive a one (1) year�s paid membership in a County Human Resources approved health facility or utilization of perfect attendance leave. The paid health facility membership shall not exceed the cost of a one (1) year paid membership at the County Human Resources approved health facility. In lieu of a Human Resources approved health facility membership, the employee has the option of utilizing sixteen (16) hours of perfect attendance leave, no cash out provision, within the time frame of the subsequent calendar year. Failure to utilize perfect attendance leave within the subsequent calendar year shall result in forfeiture of the same.

Return to Menu