SEBA Management MOU, Page 2

MEMORANDUM OF UNDERSTANDING
BETWEEN THE COUNTY OF SAN BERNARDINO
AND THE SAN BERNARDINO COUNTY SAFETY
EMPLOYEES’ BENEFIT ASSOCIATION
CONCERNING THE EMPLOYEES IN THE
SAFETY MANAGEMENT AND SUPERVISORY UNIT

continued...

The County agrees to make available to each employee a group term life insurance program wherein the employee may purchase, through payroll deductions, term life insurance in amounts equivalent to one (1) time, two (2) times or three (3) times the employee's annual gross earnings.

The County agrees to provide these benefits subject to carrier requirements. Selection of the insurance provider(s) and the method of computing premiums shall be within the sole discretion of the County.

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

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.

The County shall provide at County expense to all employees assigned to the Career Criminal Division, Arson/Bomb Squad, the Narcotics Division and employees in the Scientific Investigations Bureau who regularly work with and/or are exposed to dangerous substances a sixty thousand dollar ($60,000) face value occupational accidental death and dismemberment policy. Selection of the insurance provided shall be at the sole discretion of the County.

Those employees who at their own expense are presently covered by the Long Term Disability plan maintained by the County shall be allowed to transfer at their own expense to the SEBA plan.

MEDICAL EMERGENCY LEAVE Return to Menu

(a) The employee must have regular status with the County or one (1) year of continuous service in a regular position with the County.

(b) The employee must meet all of the following criteria before he or she becomes eligible for Medical Emergency Leave donation: (1) Be on an approved medical leave of absence for at least thirty (30) calendar days (160 working hours) exclusive of an absence due to a work related injury/illness; (2) Submit a doctor's off work order verifying the medical requirement to be off work for a minimum of thirty (30) calendar days (160 working hours); (3) Have exhausted all available leave balances; (4) Have also recorded at least eighty (80) hours of sick leave without pay.

(c) An employee is not eligible for Medical Emergency Leave if he or she is receiving Workers' Compensation benefits. An employee eligible for state disability insurance and/or Long Term Disability must agree to integrate these benefits with Medical Emergency Leave.

(d) Annual, vacation, holiday or administrative leave, as well as compensatory time, may be donated by employees only on a voluntary and confidential basis, in increments of eight (8) hours not to exceed a total of fifty percent (50%) of an employee's yearly vacation, holiday, annual, administrative leave or compensatory time accrual per employee. The donation may be made for a specific employee on the time frames established by the Human Resources Department. The employee (donee) receiving the Medical Emergency Leave will be taxed accordingly.

(e) The donation is to be for the employee's Medical Emergency Leave only; the donation to one (1) employee is limited to a total of one thousand forty (1,040) hours per fiscal year.

(f) The definition of Medical Emergency Leave is an approved Leave of Absence due to a verifiable, long-term illness or injury, either physical or mental impairment. Job and/or personal stress (not the result of a diagnosed mental disorder) is specifically excluded for receipt by the employee of Medical Emergency Leave. A statement from the employee's treating physician, subject to review by the County's Occupational Health Officer or medical designee, is required.

(g) The employee on an approved Medical Leave of Absence who is receiving Medical Emergency Leave can continue to earn benefit monies per the forty-one (41) hours per pay period requirement of the Benefit Plan Article, the requirement of the Federal and State Family Leave Acts, as applicable to the individual employee. An employee receiving leave under this program is not eligible for receipt of any accruals such as vacation, administrative leave, annual leave, sick leave or retirement credit.

(h) Donor hours shall be contributed at the donor's hourly base salary rate (which will include POST PAY where applicable) and be converted to the donee's hourly base salary (which will include POST PAY where applicable), exclusive in both instances of overtime, differentials and the like as the singular purpose of this program is to provide financial assistance.

(i) Any donated time unused by the employee for the medical emergency shall remain in the donee's accruals to be utilized as follows:

(1) An employee who resigns while on Medical Emergency Leave, or the beneficiary of an employee who dies while on Medical Emergency Leave, shall be paid at one hundred percent (100%) of his/her base hourly rate of pay for all unused Medical Emergency Leave at time of resignation or death in accordance with payroll procedures established by the County Auditor/Controller.

(2) An employee on Medical Emergency Leave who has received the approval of his/her physician and the County's Occupational Health Officer to return to full time work shall have all unused Medical Emergency Leave converted to an equal amount of sick leave which will be available to the employee according to the applicable Sick Leave Article of the Memorandum of Understanding.

(3) An employee on Medical Emergency Leave who has received the approval of his/her physician and the County's Occupational Health Officer to return to work on a part time basis (less than the employee's normally scheduled hours of work per pay period) may record a combined total of work time and Medical Emergency Leave not to exceed each pay period the lesser of eighty (80) hours or the employee's normally scheduled hours of work.

(j) The donation shall be administered on a specific basis where so designated with instances charged to the Medical Emergency Leave donation for the actual administrative costs.

(k) Solicitation of donors shall be regulated by the Human Resources Department; names of donors are to be confidential; the privacy rights of the donee upheld per legal requirements.

(l) All donors and donees shall sign release forms designed, retained and effected by the Human Resources Department.

The County shall establish an individual departmental fund in the amount of one hundred dollars ($100.00) per annum for each employee in a regular position budgeted more than forty (40) hours per pay period to reimburse employees for membership dues in professional organization(s) except for payment of dues to a recognized employee organization. Requests for reimbursement must be approved by the appointing authority or designee and shall be paid upon proof of expenditure not to exceed one hundred dollars ($100.00) per employee per year.

It is agreed that a work performance evaluation shall be completed by the employee's immediate supervisor within sixty (60) work days prior to the employee's step advance benefit date for all employees in this Unit who are below the top step of their salary range. If such employee is evaluated as having met job standards or better, the employee will be granted the step advancement effective on the employee's salary benefit date.

If no work performance evaluation is filed, or if an employee receives an overall "Unsatisfactory" or "Below Job Standards" evaluation, the employee's step advance may not be granted on the date due.

In cases where no work performance evaluation is filed, an employee will contact the supervisor, who must complete and file the work performance evaluation within five (5) work days. If the employee is rated as having met job standards or better, the employee will be granted the step advancement retroactive to the employee's salary benefit date.

A denied step advancement can be granted following any sequence of a thirty (30) work day review period of the employee's performance.

Any dispute arising out of the content of the work performance evaluation may be processed in accordance with the appeal procedure in the Personnel Rules.

The parties agree that the provisions of this Agreement shall be applied equally to all employees covered hereby without favor or discrimination because of race, color, sex, age, physical or mental handicap, national origin, political or religious opinions or labor organization affiliations.

The parties agree to actively support the objectives of the County's Equal Employment Opportunity Program.

OBLIGATION TO SUPPORT Return to Menu

The parties agree that subsequent to the execution of this Memorandum of Understanding and during the period of time said Memorandum is pending before the Board of Supervisors for action, neither SEBA nor Management, nor their authorized representatives will appear before the Board of Supervisors individually or collectively to advocate any amendment, addition or deletion to the terms and conditions of this Memorandum of Understanding. It is further understood that this Article shall not preclude the parties from appearing before the Board of Supervisors nor meeting with individual members of the Board of Supervisors to advocate or urge the adoption and approval of this Memorandum of Understanding in its entirety.

Effective upon Board of Supervisors’ approval of this MOU, employees who are released from active duty but are required to leave notice where they can be reached and be able to return to active duty when required by the department shall be assigned to on-call duty. While assigned to on-call duty, an employee shall be free to use the time for his or her own purposes.

On-call duty requires that employees so assigned shall: (1) leave a telephone number where they can be reached or wear a communicating device; and (2) be able to respond to duty within an hour.

Assignment of on-call duty and approval of compensation shall be made by the appointing authority based upon the needs of the department. On-call duty shall be compensated at the rate of twenty-five dollars ($25.00) per week. Effective February 26, 2000, on call duty shall be compensated at the rate of one hundred twenty dollars ($120.00) per week. Said compensation is exclusive of any other compensation and shall not count as hours worked.

OVERTIME Return to Menu

(a) Policy – It is the policy of the County to discourage overtime except when necessitated by abnormal or unanticipated workload situations. It is the responsibility of the appointing authorities to arrange for the accomplishment of workloads under their jurisdiction within the normal tours of duty of employees. The County has the right to require overtime to be worked as necessary.

(b) 7(k) Exemption – The parties agree that all employees in this unit, except those who are exempt from overtime requirements pursuant to the FLSA, are covered by the partial overtime exemption set forth at 29 U.S.C. § 207(k) of the Fair Labor Standards Act. Although the County pays overtime compensation to employees in this unit in excess of what is required by Section 207(k) or any other provision of the Fair Labor Standards Act, the parties agree that the Section 207(k) partial overtime exemption has been adopted and is applicable to FLSA overtime.

(c) Definition – For employees covered by this Agreement who are in the classification of Sheriff's Sergeant and Sheriff's Criminalist III, overtime shall be defined as all hours actually worked in excess of a regularly scheduled daily work shift, forty (40) hours per week, or eighty (80) hours during a pay period. In designated work locations where the regular work schedule does not call for the employees to work forty (40) hours per week, although it causes the employees to work an average of forty (40) hours per week during a pay period, overtime shall be defined as all hours actually worked in excess of a regularly scheduled daily work shift or eighty (80) hours per pay period. In designated work locations where the regular work schedule does not call for the employees to work at least eighty (80) hours in each pay period, although it causes them to work an average of at least eighty (80) hours per pay period during two (2) consecutive pay periods, overtime shall be defined as actual hours worked in excess of the regular scheduled daily work shift, or one hundred sixty (160) hours during two (2) consecutive pay periods.
For employees assigned to a 12-hour shift schedule, employees will normally be scheduled to work seven 12-hour shifts in a 14-day period. Overtime for employees assigned to this schedule shall be defined as all hours actually worked in excess of a regularly scheduled daily work shift, or in excess of eighty-four (84) hours pay per period.

All work periods which define overtime based as other than time worked in excess of forty (40) hours are established pursuant to Section 207(k) of the Fair Labor Standards Act, 29 USC 201 et seq.

All forms of paid leave time as set forth in the Leave Provisions Article, plus leaves of absence pursuant to Section 4850 of the California Labor Code, and time spent in meeting and conferring sessions shall be considered as time actually worked for purposes of computing premium overtime compensation.

Voluntary overtime and time spent while attending employee-initiated training shall not be considered as time worked for purposes of computing overtime compensation.

Unless specifically provided herein, “hours worked” for purposes of computing premium overtime shall be consistent with requirements established by the Fair Labor Standards Act and other applicable law.

Any time spent by an employee in a regular position who is required to appear in a court of law arising out of the employee's scope of employment during said employee's regularly scheduled off?duty hours shall be treated as time actually worked. Compensation for required time spent in court as described above shall be granted to an employee only when said employee has actually reported to court. Such employee shall receive a minimum of two (2) hours time worked or the actual amount of time, whichever is greater. To qualify for such compensation, the employee must contact the District Attorney's Office no later than 8:30 a.m. on the scheduled day for court appearance to ensure that the case is still on the court's calendar. Any time spent traveling to and from court in excess of one (1) hour per occurrence shall be compensated at straight time rates, but shall not be credited as time worked for any other purposes.

When an employee in a regular position returns to active duty at the request of the appointing authority after said employee has been released from active duty and has left the work station, the employee shall be regarded as having worked for two (2) hours or for the actual amount of time worked, whichever is greater. Overtime scheduled in advance shall not be included. Further, employees called back to duty while assigned to on-call duty shall only be compensated for hours actually worked.

When an employee in a regular position reports for active duty at the request of the appointing authority while on Vacation leave or other discretionary leave time off, the employee shall be paid for hours worked in lieu of scheduled leave time.

All overtime shall be reported in increments of full fifteen (15) minutes and is non?accumulative and non?payable when incurred in units of less than fifteen (15) minutes.

(d) Premium Overtime Compensation – Any employee in a regular position authorized by the appointing authority or authorized representative to work overtime shall be compensated at premium rates, i.e. one and one?half (1?1/2) times the employee's regular rate of pay. Payment for premium overtime compensation shall be made on the first regular payday following the pay period in which such overtime is worked, unless premium overtime compensation cannot be computed until some later date, in which case, premium overtime compensation will be paid on the next regular payday after such computation can be made. In lieu of cash payment, an employee may elect to accrue compensating time off at premium hours. Cash payment at the employee's base rate of pay (including POST incentive pay) shall automatically be paid for any compensating time in excess of one hundred twenty (120) hours, or any hours on record immediately prior to promotion, demotion or termination of employment. Compensatory time off may be taken with approval of the appointing authority at such time as will not impair the work schedule or efficiency of the department but with consideration given to the well-being of the employee.

On one occasion each calendar year, during the pay period which includes April 15, an employee may elect to convert up to forty (40) hours of compensatory time into cash payment at the rate of pay then in effect.

PAY PERIOD Return to Menu

A pay period shall be comprised of a fourteen (14) calendar day corridor. The first pay period under this Agreement shall commence at 12:01 a.m. Saturday, December 14, 2002, and shall end at 12:00 a.m. (midnight) on the second Friday thereafter. Each subsequent fourteen (14) day period shall commence on the succeeding Saturday at 12:01 a.m. and shall end at midnight on the second Friday thereafter.

The pay period and work week may be adjusted in accordance with FLSA requirements. The intent of the County and SEBA is to allow for alternative shift scheduling without violating requirements of the FLSA. Under no circumstances shall the right to adjust in accordance with FLSA requirements entitle the County to make such adjustments for the primary purpose of avoiding overtime.

The County may reasonably establish, change, or modify standard days, tours of duty, or shifts for individual positions according to the needs of the service within the established period. Except in instances of law enforcement or staffing emergencies, employees shall be notified personally or by mail by a ranking officer of a shift change no later than forty?eight (48) hours prior to the time the shift change is to become effective. Projected work shift schedules will be posted two (2) months in advance, subject to change as a result of personnel shortages or emergencies.

It is recognized that during the term of this Agreement it may be necessary for Management to make changes in the number of hours in a standard day, tour of duty, or shift to meet the needs of the service. Where Management finds it necessary to make such changes, it shall notify SEBA indicating the proposed change prior to its implementation. Where such change would significantly affect the working conditions of a significantly large number of employees in the Unit as defined below and where SEBA requests to meet with Management, the parties shall expeditiously undertake to meet as provided by Section 3500 et seq. of the California Government Code regarding the impact the change would have on the employees in the Unit.

The phrase "significantly large number" shall mean: (a) a majority of the employees in the Unit, (b) all employees within a division or substation in the Unit, or (c) all employees within a readily identifiable category such as Sergeants or Captains.

It is agreed that, in the absence of an unfair labor practice ruling, SEBA membership dues and insurance premiums for plans sponsored by SEBA shall be deducted by the County from the pay warrant of each employee covered hereby who files with the County a written authorization requesting that such deduction be made. Remittance of the aggregate amount of all membership dues and insurance premiums deducted from the pay warrants of employees covered hereby shall be made to SEBA within thirty (30) days after the conclusion of the month in which said membership dues and insurance premiums were deducted.

The County shall not be liable to SEBA, employees, or any other persons by reason of the requirements of this Article for the remittance of any sum other than that constituting actual deductions made from employee wages earned. SEBA shall hold the County harmless for any and all claims, demands, suits, orders, judgments or other forms of liability that may arise out of or by reason of action taken by the County under this Article.

The parties agree that the physical, medical, mental fitness and appearance of public safety officers are requirements to perform the duties of the job and instill public confidence in the law enforcement function. They agree that public safety members require special treatment and consideration for the stress, physical demands and appearance expectations of the County and the public. Recognizing these important factors, the parties agree that during the term of this Agreement, the County may require medical, physical ability, appearance and psychological assessments of safety employees, provided the County pays and provides time off without loss of pay for such assessments. Any remedial or treatment action shall be the full responsibility of the employee.

The County shall provide at County expense prescheduled annual toxicology tests performed by a County-selected physician for all employees assigned to the Career Criminal Division, the Arson/Bomb Squad, the Narcotics Division, and employees in the Scientific Investigations Bureau who regularly work with and/or are exposed to dangerous substances.

The County shall provide at County expense an annual Class II, Federal Aviation Administration-certified physical by a County-selected, certified physician for each employee who regularly operates aircraft in the Aviation Division of the Sheriff's Department.

Employees in this Unit over age 40 may obtain body scan services provided by the Arrowhead Regional Medical Center once every two (2) years, provided that the employee pays for said services. The County agrees to charge employees in this Unit the same fees for these services as employees in the Exempt Group.

PROBATIONARY PERIOD Return to Menu

The probationary period for positions in the Safety Management and Supervisory Unit shall be 1,600 hours. The probationary period ends at the end of the day in which the employee has completed the required number of service hours.

The probationary period shall be automatically extended for each hour during which the employee is on leave without pay or on Military Leave. In situations where the employee is on continuous paid sick leave or is using vacation or holiday leave in lieu of paid sick leave, for eighty (80) or more consecutive hours, or is on modified duty for occupational or non-occupational reasons and cannot perform the primary duties of the position, the probationary period may be extended for the period of modified duty at the discretion of the appointing authority. Such extensions are in addition to the fifteen (15) pay period extension allowed by the Personnel Rules.

PROMOTIONS Return to Menu A promotion is the appointment of an employee from one classification to a classification having a higher base salary range. A promoted employee, including an individual promoted into this Unit, shall receive the entrance rate of the new range or be placed on the step that causes him/her to receive a salary increase (including Incentive Pay) of approximately five percent (5%) whichever is greater; provided that no employee is thereby advanced in step nor advanced above the top step of the higher base salary range. For purposes of computing the five percent (5%) salary increase, consideration shall be given to any POST pay being received by the promoted employee. An employee promoted out of this Unit shall be governed by the Article on Salary Rates and Step Advancements in the Memorandum of Understanding or other applicable document pertaining to the appropriate unit or group.

PROSPECITVE LAWSUITS Return to Menu

The parties agree that prior to filing lawsuits, the parties shall formally meet to attempt resolution of the matter in question with the intent of reaching a mutually acceptable solution.

PROVISIONS OF LAW Return to Menu

It is understood and agreed that this Memorandum of Understanding is subject to all current and future applicable Federal and State laws and regulations and the current provisions of the Charter of the County of San Bernardino. If any part or provision of this Memorandum of Understanding is in conflict or inconsistent with such applicable provisions of those Federal, State, or County enactments or is otherwise held to be invalid or unenforceable by any court of competent jurisdiction, such part or provisions shall be suspended and superseded by such applicable law or regulations, and the remainder of this Memorandum of Understanding shall not be affected thereby. If any substantive part or provision of this Memorandum of Understanding is suspended or superseded, the parties agree to reopen negotiations regarding the suspended or superseded part or provision with the understanding that total compensation and benefits to employees under this Memorandum of Understanding shall not be reduced or increased as a result of this Article. The parties hereto agree to refrain from initiating any legal action or taking individual or collective action that would invalidate Articles of this Memorandum of Understanding.

RECOGNITION Return to Menu

Pursuant to the provisions of the Employee Relations Code of the County of San Bernardino and applicable State law, the San Bernardino County Safety Employees’ Benefit Association (SEBA) has been certified by the County's Employee Relations Panel as the exclusive recognized employee organization for County employees in the Safety Management and Supervisory Unit (hereinafter the "Unit") previously found to be appropriate by said Employee Relations Panel. The County hereby recognizes SEBA as the exclusive recognized employee organization for the employees in the employee classifications comprising said Unit as listed in the Salary Adjustment Article hereof, as well as employees in such classes as may be added to this Unit hereafter by the County.

Employees in this Unit shall retain all rights, benefits and protection provided in this Memorandum of Understanding and the Personnel Rules when assigned to court services.

An employee who has separated from County employment, and who is subsequently rehired in the same classification in a regular position within a one-hundred and eighty (180) calendar day period, shall receive restoration of salary step, annual/vacation leave accrual rate, sick leave balance (unless the employee has received payment for unused sick leave in accordance with the Leave Provisions Article and the Retirement Plan contribution rate provided the employee complies with the County Retirement Board's procedure for redeposit of funds, subject to the approval and conditions of the appointing authority and the Administrative Office. The employee shall suffer loss of seniority and a new benefit date shall be established for purposes of seniority.

In the event either party hereto desires to negotiate a successor Memorandum of Understanding, each party shall serve upon the other during the month of June 2005 its written request to commence negotiations, as well as its initial written proposals for such successor Memorandum of Understanding. Upon receipt of such written proposals, an initial meeting of the parties shall be held during the month of August 2005.

Nothing in this Article is intended to preclude either party from supplementing its proposals either for the first sixty (60) days of negotiations or prior to the declaration of impasse, or from providing an alternative to a proposal offered by the other party.

A Retirement Medical Trust Fund has been established for eligible employees of the Safety Management and Supervisory Unit. Eligible employees are those employees with ten (10) or more years of participation in the San Bernardino County Employees’ Retirement Association or those individuals who contributed to a public sector retirement system or systems over a ten-year period and did not withdraw his/her contributions from the retirement system(s). Those eligible employees with ten (10) or more years of combined contributions to SBCERA and other public sector retirement system(s) must complete a Prior Service Credit Request form and submit it to the Retirement Medical Trust Plan Administrator for approval. A letter from the public sector retirement system(s) confirming that contributions have not been withdrawn must accompany the form.

The Trust is administered by a Board of Trustees who manage the resources of the Trust Fund and determine appropriate investment options and administrative fees for managing the Trust Fund. The Trustees insure that payments of qualified medical expenses incurred by retirees or their eligible dependents are properly reimbursed. The trust will establish individual accounts for each participant who will be credited with earnings/losses based upon the investment performance of the participant’s individual account. All of the contributions to the Trust Fund will be treated for tax purposes, as employer, non-elective contributions resulting in tax-free contributions for the County. All of the distributions from the Trust Fund made to retirees or their eligible dependents for the reimbursement of qualified medical expenses as defined by the Internal Revenue Codes (including medical and other eligible insurance premiums) will also be non-taxable to the retiree or the retiree’s eligible dependent(s).

The Trust Fund is a Voluntary Employees Benefit Association (VEBA) and will comply with all of the provisions of Section 501(c)(9) of the Internal Revenue Code.

At retirement, all eligible employees will be required to contribute the cash value of their unused sick leave balances to the Trust, in accordance with the conditions described below.

Amount of Remaining Sick Leave Hours	Cash Value Formula
241 to 480 hours	35%
481 to 600 hours	40%
601 to 720 hours	45%
721 to 840 hours	50%
841 to 1,200 hours	75%

Employees retiring with a disability retirement due to permanent incapacity to work are not eligible to contribute the cash value of their unused sick leave balances to the Trust. These employees will be compensated for their unused sick leave in accordance with the Leave Provisions Article, Section 1, Paragraph (g) Sick Leave Conversion.

The County will pickup a portion of the employee's required contribution to the San Bernardino County Employees' Retirement Association in the amount of three hundred eighty?seven dollars ($387.00) per month.

The employee must choose to designate the entire employee required retirement contribution as either “employer” or “employee” contributions for retirement purposes. If the employee designates the pickup as “employer” contributions, for each dollar applied, the employee’s retirement obligation shall be satisfied in the amount of the actuarial value of that dollar to the Retirement Association as determined by the Board of Retirement; and the employee may not withdraw this contribution from the Retirement Association.

If the employee designates the pickup as "employee" contributions, for each dollar applied, the employee's retirement obligation shall be satisfied in the amount of one dollar ($1.00), and upon separation without retirement, an employee may withdraw this contribution from the Retirement Association. Upon retirement or separation, all contributions applied under this Section will be considered for tax purposes as employer?paid contributions.

If the employee does not file a designation, the contributions shall be made as "employee" contributions. Employees receiving Retirement System contributions under the Benefit Plan in effect prior to the effective date of this Article shall continue to have contributions under this Article applied (as employer or employee contributions for retirement purposes) in the same manner as previously applied for the employee until a revised designation is made by the employee.

Any employee Retirement System contribution obligations which are not paid by the application of Section 1 of this Article shall be "picked up" for tax purposes only pursuant to this Section. The Auditor/Controller?Recorder shall implement the pick up of such Retirement System contributions under Internal Revenue Code Section 414(H)(2) effective with the earnings paid and contributions made on and after the effective date of this Article.

The County shall make member contributions under this Section on behalf of the employee which shall be in lieu of the employee's contributions, and such contributions shall be treated as employer contributions for purposes of reporting and wage withholding under the Internal Revenue Code and the Revenue and Taxation Code. The amounts picked up under this Section shall be recouped through offsets against the salary of each employee for whom the County picks up member contributions. These offsets are akin to a reduction in salary and shall be made solely for purposes of income tax reporting and withholding. The member contributions picked up by the County under this Section shall be treated as compensation paid to County employees for all other purposes, including calculation of retirement benefits. County paid employer contributions to the County's Retirement System under this Section shall be paid from the same source of funds as used in paying the salaries of the affected employees. No employee shall have the option to receive the Retirement System contribution amounts directly instead of having them paid to the County Retirement System.

Upon retirement or separation, all contributions picked up under this Section will be considered for tax purposes as employer?paid contributions. Contributions under this Section shall be applied (as all employer or all employee contributions with the same value and restrictions) for Retirement System purposes in the same manner as the contributions under Section 1 of this Article.

Employees who have thirty (30) years of service credit and no longer make retirement contributions under the provisions of the County Employees' Retirement Law of 1937 shall be paid in cash three hundred eighty?seven dollars ($387.00) per month.

This Article shall only apply to employees who are members of the Retirement Association and are eligible for participation under the Benefit Plan Article. The provisions of this Article shall be applied each pay period.

The County agrees to adopt a resolution to make Section 31664.1 of the Government Code (3% at 50 Retirement Formula) applicable to eligible members of this Unit on October 1, 2003. The County further agrees to adopt a resolution pursuant to Section 31678.2 of the Government Code to make Section 31664.1 applicable to all prior safety retirement service credit for each eligible employee in this Unit.

The parties agree that upon implementation of these resolutions, the eligible employees in this Unit shall be required to pay an additional 2.5% of compensation earnable, each pay period into the Retirement System, above and beyond the employee contribution rates established by the Board of Retirement on an annual basis.

Implementation of this section on October 1, 2003, is contingent upon Court approval of the settlement referenced in the Article, Settlement of Retirement-Related Claims.

The County shall provide the following items of safety equipment upon request to each employee in a regular position hired subsequent to June 30, 1979, required to have safety equipment: handgun, magazine pouch with two (2) extra magazines, ASP and ASP holder, chemical agent and holder, uniform holster, uniform belt with keeper straps, handcuffs and handcuff case, ammunition, off?duty holster, helmet and face shield, and protective vest. The type and make of each item of equipment shall be designated by the County.

Such equipment shall remain the property of the County of San Bernardino and will be returned to the County upon the employee's termination. Employees shall be responsible for loss or damage to such equipment due to their negligence, except normal wear.

Section 1.

Effective October 4, 2003, a two and one-half percent (2.5%) pay increase shall be applied to the Safety Management and Supervisory Unit. Effective October 2, 2004, an additional one percent (1.0%) increase shall be applied. Effective November 26, 2005, an additional four and one-half percent (4.5%) increase shall be applied. As a result of those increases, the base salary ranges and rates shall be applicable for classifications in the Safety Management and Supervisory Unit.

CLASSIFICATION	SALARY RANGE
Deputy Sheriff Criminalist III	28
Deputy Sheriff Criminalist IV	31
D.A. Investigator II	26
D.A. Assistant Chief Investigator	28
Sheriff’s Lieutenant	28
Sheriff’s Sergeant	25

Section 2.

For purposes of this Agreement, base salary range shall mean the salary range assigned to a specific classification as provided in Section 1 of the Article. Base salary rate shall mean the hourly rate of pay established pursuant to Section 1 herein or the hourly rate of pay established pursuant to the step placement within the base salary range as provided in this Agreement as appropriate. Salary ranges shall be those provided in Appendix A of this Agreement.

Section 3.

The parties having jointly reviewed and considered all available factors, including those referred to in Section 13.029(e) of the San Bernardino County Code, further agree that the recommended salary ranges set forth herein are consistent with the requirements of Section 13.029(e) of the San Bernardino County Code.

New employees shall be hired at step 1 of the established base salary range, except as otherwise provided in this Agreement. Variable entrance steps may be established if justified by recruitment needs through step 5 with the approval of the appointing authority and through step 10 with the approval of the Director of Human Resources or designee.

Within the base salary range, all step advancements will be made at the beginning of the pay period in which the employee completes the required number of service hours. However, when an employee reaches the required number of service hours with eighty (80) hours of service in each pay period, the step advance will be made at the beginning of the next pay period. Approval for advancement shall be based upon completion of required service hours in the classification, satisfactory work performance and appointing authority recommendation. An employee whose step advancement is denied shall not be eligible for reconsideration for step advancement except as provided in the Article, “Merit Advancements.”

Completed service hours shall be defined as regularly scheduled hours in a paid status, up to eighty (80) hours per pay period. Overtime hours and time without pay shall not count toward step advancements. Step advancements within a base salary range shall be based upon two (2) step increments for steps 1 through 9 and in 1 step increments from step 9 to 10. The employee shall be eligible for the first step advancement after completion of 1,040 hours and subsequent step advancements after completion of 2,080 hours, except that the employee must have 2,080 hours of service at step 9 before promotion to step 10.

The Director of Human Resources or designee may authorize the increase of the salary step or salary rate of an employee to maintain salary equity within the system, to prevent undue hardship or unfairness due to the application of any rule or policy, or to correct any salary inequity. The Director of Human Resources or designee may authorize the increase of the salary step or salary rate of an employee to correct any payroll error or omission, including any such action which may have arisen in any prior fiscal year.

The parties agree that settlement of all claims of SEBA on behalf of its current and future members of the Safety Management and Supervisory Unit, as stated in the matter of SEBA et. al. v. San Bernardino County Employees Retirement Board et. al., Judicial Council Coordinated Proceeding N. 4049 (the Retirement Cases) is an integral part of the consideration offered in this MOU. Therefore, the parties agree to expeditiously seek court approval of the settlement of those claims, without any additional consideration other than what is provided in this MOU. The final form of the settlement documents to be submitted to the court is subject to the review and approval of SEBA, the County, counsel for the retirement plan members, and the San Bernardino County Employees Retirement Association (SBCERA).

The parties also agree an integral part of the consideration offered by the County in this MOU is the full and complete release of all claims of SEBA on behalf of its current and future members of the Safety Management and Supervisory Unit against either the County or SBCERA regarding excess earnings or the allocation of excess earnings held at any time by SBCERA, and/or any claim that the County should transfer or redeposit any funds transferred by the Retirement Association from excess earnings to the County’s advance reserves or any other reserve account. The parties agree to expeditiously work in good faith with SBCERA to prepare a release of these claims that is acceptable to all parties.

The term of this Memorandum of Understanding shall commence on December 14, 2002, and this Memorandum of Understanding shall expire and otherwise be fully terminated at 12:00 a.m. (midnight) of December 23, 2005.

Effective January 1997, and each calendar year through 1998, the County agrees to establish an annual tuition fund of twenty thousand dollars ($20,000). Effective calendar year 1999 the fund shall be $30,000. The fund shall be used for purposes of reimbursing employees for tuition and registration fees incurred in connection with job-related education or career development training, which shall include any courses that are either (a) job-related, (b) in the 100 series or above, or (c) necessary to satisfy a job-related or career development degree requirement. Prior to becoming eligible for reimbursement, the course must have been approved by the appointing authority or designee, and the employee must have completed the course with a grade of "C" or better or "pass" when taken on a pass/fail basis. Such expenditures shall be authorized to employees in regular positions budgeted more than forty (40) hours per pay period. Specifically excluded from this provision are parking fees, book costs, travel and lodging charges.

Reimbursement will be calculated December 31 of each year of the agreement. Full reimbursement will be applied as long as the fund as described above, is not exceeded, provided that no employee shall be reimbursed more than two thousand dollars ($2,000) per year. Effective calendar year 1999, the maximum reimbursement shall be four thousand dollars ($4,000). If the fund is exceeded, reimbursement will be pro-rated. The fund will be administered for all employees in the Unit by the Sheriff's Department.

The County agrees to provide an annual uniform and clothing allowance in the sum of five hundred forty dollars ($540.00) to employees in this Unit in regular positions on payroll in a paid status effective pay period 24 of each year to compensate for costs associated with uniform and clothing purchase, maintenance, cleaning and replacement.

Employees on a leave of absence without pay in pay period 24 shall receive the uniform allowance upon return to paid status. Any employee separating from County employment at the conclusion of a leave of absence shall not receive the uniform allowance.

An upgrading is the reclassification of a position from one classification to another classification having a higher base salary range. Whenever an incumbent employee is upgraded as a result of such reclassification, pursuant to the Personnel Rules, such employee's step placement in the new salary range shall be governed by the Article on Promotions.

The County will furnish adequate bulletin board space where currently available. Only areas designated by the appointing authority may be used for posting of notices. Bulletin boards shall only be used for the following notices:

(d) Reports of official business of SEBA, including reports of committees or the Board of Directors.

Posted notices shall not be obscene, defamatory, or of a political nature, nor shall they pertain to public issues which do not include the County or its relations with County employees. All notices to be posted must be dated and signed by an authorized representative of SEBA, and must have the prior written approval of the appointing authority or authorized representative. County equipment, materials, supplies, or interdepartmental mail systems shall not be used for the preparation, reproduction, or distribution of notices, nor shall such notices be prepared by County employees during their regular work time. 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.

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

(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.

SEBA may be granted permission to use County facilities for the purpose of meeting with employees to conduct its internal affairs during non?work hours, provided space for such meetings can be made available without interfering with County needs. Permission to use County facilities must be obtained by SEBA from the appropriate appointing authority or designated representative. SEBA shall be held fully responsible for any damages to and the security of any County facilities that are used by SEBA.

The printing of the consolidated Memorandum of Understanding shall be jointly paid for by the County and SEBA, using the County’s Printing Services. The number of copies shall be jointly decided by the two parties.

The County shall provide to all employees and eligible dependents the opportunity to participate in a Vision Care Insurance Plan maintained by the County.

Sheriff's Sergeants in regular positions who are assigned as resident commanders to work and reside in the communities of Parker Dam, Trona, Wrightwood, and Lucerne Valley shall be compensated an additional ten and one?half percent (10.5%) above their base salary as provided in the Article on Salary Adjustments of this Agreement. In addition, such Sheriff's Sergeants shall receive a pay differential of one hundred forty-three dollars and seventy?five cents ($143.75) per pay period.

Incumbents of these positions are not eligible for any overtime compensation under the Article on Overtime of this Agreement. The Sheriff shall designate the geographic boundaries of these communities for the purpose of defining residency requirements for eligibility for Special Circumstances Pay.

The parties jointly agree that Safety Management and Supervisory Unit employees officially assigned to the Sheriff's Emergency Services Bureau/Aviation Division and who are assigned to act as pilots shall receive a wage differential for flight pay. The wage differential shall be fifteen percent (15%) above the base rate of pay as provided in the Article on Salary Adjustments of this Agreement.

A Safety Management and Supervisory Unit employee in a regular position who complies with the procedure below shall receive compensation above the base rate of pay for an Advanced POST Certificate or a Supervisory POST Certificate, Management POST Certificate, or for possession of a Master’s Degree earned by attendance at an accredited college or university.

Effective February 26, 2000, the rates for POST pay shall be on the following schedule based on the ”10” step of the pay range then in effect:

This incentive pay shall be considered as part of the salary/wage range under the County Retirement System and as part of the regular rate of pay for purposes of computing overtime compensation and calculating sick leave, vacation, and holiday payoffs upon termination of employment, pursuant to the Article on Leave Provisions, Sections 1 (f), 2 (c) (4), and 3 (e). The employee shall submit a written request for POST pay to the department with an attached copy of the appropriate POST certificate or official transcript. This incentive pay shall start the first pay period following receipt by the County of a valid POST certificate or transcript. The County shall submit to POST in an expeditious manner applications by affected employees for the certificates described above.

Section 4. Arson/Bomb Hazard Pay

Safety Management and Supervisory Unit employees who are assigned to the Arson/Bomb Unit shall receive a pay differential of three dollars ($3.00) per hour per pay period above the base rate of pay as provided in the Salary Adjustment Article of this Agreement. Employees not assigned to the Arson/Bomb Unit, but who are trained in and required to perform arson/bomb duties, shall receive three dollars ($3.00) per hour for any hours spent directly performing arson/bomb duties.

During the term of this agreement, SEBA will not cause or permit its members to take part in any concerted work action for the purpose of changing wages, hours and other terms and conditions of employment provided that by executing this agreement neither SEBA nor any of its members waive their rights, if any, under Section 6300 et seq. of the California Labor Code. The participation of any employee in any such concerted work action against the County shall be grounds for disciplinary action, including termination.