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

PREAMBLE    Return to Menu

This Memorandum of Understanding by and between all members of the Employee Relations Committee for the Safety Unit contains the complete results of negotiations concerning wages, hours and other terms and conditions of employment for employees in the Safety Unit. The parties hereto have met and conferred in good faith exchanging various proposals in an attempt to reach agreement.

NOW, THEREFORE, the members of the Employee Relations Committee for the Safety Unit including authorized representatives of the County, and the San Bernardino County Safety Employees’ Benefit Association (hereinafter referred to as SEBA) hereby agree as follows.

ACCESS TO WORK LOCATIONS    Return to Menu

The parties recognize and agree that in order to maintain good employee relations, it is necessary for Field Representatives of SEBA to confer with County 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. 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 County 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, and/or facilities.

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 Representatives 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 County shall not unduly interfere with SEBA’s access right to work locations.

ASSIGNMENT TO HIGHER POSITION    Return to Menu

Employees directed to continuously perform duties in a vacant higher level position for which funds have been appropriated shall be entitled to compensation on the higher level for the time actually worked in excess of sixty (60) work days in a one hundred twenty (120) work day corridor, unless specifically waived by the employee; provided, however:

(a) The appointing authority certifies to the County Administrative Officer in writing at the time of appointment that the employee is assigned and held responsible to fully perform all of the duties normally associated with the higher-level classification without limitation as to difficulty or complexity of assignments or consequence of action and that the employee shall be required to meet standards for satisfactory performance normally required at the higher-level classification.

(b) A written request of compensation at the higher-level classification is directed to the County Administrative Officer through the Human Resources Department for approval. It shall be the responsibility of the appointing authority to initiate such requests and whenever possible to anticipate need for reassignment to a higher-level classification. Written requests may also be made by the employee or the exclusive recognized employee organization in the same manner. A copy of the written request for compensation at the higher-level classification and the certification of the assignment of duties shall be provided to the employee. The employee shall be advised of the date compensation at the higher level is to be effective.

No employee shall be required to accept assignments to continuously perform the duties of a vacant higher-level position for which funds have been appropriated unless directed in writing by the appointing authority or supervisor with the delegated authority.

Employees may be temporarily assigned higher or lower duties without a change in pay and such action not be deemed as a basis for transfer, demotion, promotion, or reclassification. In all cases where periodic or regular variations in assignments occur because of seasonal needs or because of the nature of the duties or the work schedule, such variations shall be considered as incidental to the position.

Appointments to regular positions from an appropriate eligible list of a lower classification as a Trainee are exempt from provisions of this Article and are governed by the provisions of the Personnel Rule on Appointments.

Approval of compensation at the higher-level classification shall not circumvent the principle of the competitive process for appointments to positions in the classified service. Approval of the higher salary may not be retroactive unless approved by the Director of Human Resources and unless a request for compensation at the higher-level classification is made within twenty (20) work days following the sixty (60) working day period. In no event shall additional compensation be paid for the first sixty (60) days worked. Requests approved for compensation at the higher-level classification shall be governed by the Personnel Rule on Provisional Appointments as to the duration of approval and eligibility requirements for compensation at the higher-level classification and as to continuation of the appointment.

This article does not apply to a situation in which there is no vacant higher level position for which funds have been appropriated. Addition of duties of a higher-level classification to an employee's budgeted position shall be governed by Personnel Rule on Classifications.

It is the responsibility of all parties including department heads and other supervisory personnel to follow the procedures set forth in this Article and promptly report unauthorized situations covered by this Article to the County Administrative Officer.

For purposes of this Article, a vacant position is defined as an authorized position for which funds have been appropriated and allocated to an existing job classification based upon the duties and responsibilities currently assigned to the position and which may be:

(1) An unoccupied position due to attrition and for which the Civil Service appointment process has been initiated.

(2) A new position authorization by Board of Supervisors budgetary action for which the Civil Service appointment process has been initiated.
(3) A position from which the incumbent is on extended authorized leave of absence.

Section 1 – Benefit Plan Contributions

(a) Employees in a regular position scheduled and paid for a minimum of forty-one (41) hours per pay period are eligible to receive the benefits of this Section.

(b) The bi-weekly amount of the County provided Benefit Plan for eligible employees in this Unit shall be one hundred thirty-eight dollars and forty-six cents ($138.46) per pay period.

(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 forty-one (41) hours will continue to receive the benefits of this Section for up to six (6) pay periods per episode of illness or injury. 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.

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 Unit 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.

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

(c) To be eligible for this benefit, an employee must be in a regular position and be regularly scheduled to work at least forty-one (41) hours in a pay period or be on an approved leave pursuant to the Family Medical Leave Act.

(d) Election of pre-tax 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 Human Resources Employee Benefits and Services Division Chief. Failure to timely submit appropriate paperwork will result in after-tax deductions for all eligible premiums for the remainder of the Plan year.

(e) 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, employee’s or employee’s 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 employee’s or employee’s 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. Changes will be authorized by the Human Resources Employee Benefits and Services Division Chief, or his/her designee, 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 one (41) hours or more per pay period in a regular position must enroll in a health and dental plan offered by the 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 County health and dental plan coverage, an employee must be in a regular position and have received pay for at least forty one (41) hours in a pay period or be on an approved leave pursuant to the Family Medical Leave Act.

(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 Human Resources Employee Benefits and Services Division in accordance with procedures adopted by the County. Employees are responsible for notifying the County within thirty (30) days of dependent’s change in eligibility for the County 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 may elect to discontinue enrollment in their County-sponsored health plan (Opt-Out).

(i) Effective July 12, 2003, 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 County-sponsored dental plan.

(j) The rules and procedures for electing to Opt-Out of County-sponsored health and dental plan coverage are established and administered by the Human Resources Employee Benefits and Services Division.

(1) Employees may elect to Opt-Out of 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 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 Opt-Out for dental plan coverage may not re-enroll in a 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 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 County-sponsored health plan within thirty (30) calendar days. Enrollment in the 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 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 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 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 County health and/or dental insurance plan in lieu of individual employee coverage. This is called a “waiver” to their County spouse’s or parent’s County insurance coverage. Such election must be made within 30 calendar days of the employee’s, County parent’s or the County spouse’s eligibility for County health and dental insurance. During the Plan year, an employee is responsible for notifying the County within thirty (30) days of ineligibility for the waiver, for example the dependent child turns nineteen (19) or the spouse leaves County 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 County plan coverage will require the employee to immediately enroll in the County’s health and dental plans. Waivers may be changed during any subsequent annual health and dental open enrollment period.

Section 4 – Health and Dental Plan Subsidies

(a) The County will establish a Dental Subsidy Fund (Fund) in the amount of $1,250,000. Effective pay period 16/01, employees who are participating in the lowest-cost dental plan (eligible, enrolled and paying premiums) will receive a premium subsidy of $3.34 per pay period. The premium subsidy will continue until the Fund and any interest earned have been exhausted.

(b) For employees assigned to work in the Needles, Trona, Baker, and Ridgecrest work locations, the County will establish a “Needles Subsidy.” The 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 County. This Subsidy will be established each year when premiums change for the County-sponsored health plans. The Subsidy will be discontinued when the lowest cost health plan becomes available to the employees.

(c) Effective July 12, 2003, the County 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 County-sponsored health plan. The applicable MPS amount shall be paid directly to the provider of the County-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; nor shall the MPS be converted to cash.

(1) Effective July 12, 2003, the MPS paid for each eligible employee electing Employee Only health plan coverage shall be $25.00 per month ($11.49 per pay period). Effective July 10, 2004, the MPS for each eligible employee electing Employee Only health plan coverage shall be increased to $45.00 per month ($20.69 per pay period). Effective July 9, 2005, the MPS for each eligible employee electing Employee Only health plan coverage shall be increased to $80.00 per month ($36.78 per pay period).

(2) Effective July 12, 2003, the MPS paid for each eligible employee electing Employee +1 health plan coverage shall be $170.00 per month ($78.16 per pay period). Effective July 10, 2004, the MPS for each eligible employee electing Employee +1 health plan coverage shall be increased to $235.00 per month ($108.05 per pay period). Effective July 9, 2005, the MPS for each eligible employee electing Employee +1 health plan coverage shall be increased to $310.00 per month ($142.53 per pay period).

(3) Effective July 12, 2003, the MPS paid for each eligible employee electing Employee +2 health plan coverage shall be $315.00 per month ($144.83 per pay period). Effective July 10, 2004, the MPS for each eligible employee electing Employee +2 health plan coverage shall be increased to $405.00 per month ($186.21 per pay period). Effective July 9, 2005, the MPS for each eligible employee electing Employee +2 health plan coverage shall be increased to $500.00 per month ($229.89 per pay period).

COUNTY MANAGEMENT RIGHTS    Return to Menu

All management rights and functions shall remain vested exclusively with the County 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 of each of its agencies, departments, institutions, boards, and commissions.

(b) The right of full and exclusive control of the management of the County; 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; or, to contract for work to be done.

(e) Subject to the Personnel Rules where applicable, 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 transfer, reassign, furlough 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.

DEFINITIONS Return to Menu

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

Appointing Authority – Refers to the department head of the employee’s department. 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.

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

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 the County is normally open to conduct business, i.e., Monday through Friday, excluding County holidays.

DEMOTIONS    Return to Menu

A demotion is the appointment of an employee from an incumbent position to a position in a different classification for which the maximum rate of pay is lower. An employee demoted for disciplinary reasons shall be placed on the step within the base salary range of the class to which demoted as provided in the Order of Demotion; provided, however that the employee shall not be placed lower than two (2) step increments, approximately five percent (5%) below employee's current step.

An employee demoted for disciplinary reasons cannot be placed higher than the top step in the range for the class to which the employee is demoted.

An employee demoted for nondisciplinary reasons shall be retained at the same salary rate, provided, that the salary rate does not exceed the top step of the salary range of the demoted class, except that such an employee may be placed on an "X" step in accordance with the provisions of the Article on Downgradings, with the approval of the appointing authority and the Director of Human Resources.

A promoted employee who is returned to former classification during the probationary period shall be placed on the same step within the base salary range for the former classification that the employee was on at time of promotion. No credit shall be granted for time spent at the promoted level for next step advance due date.

DEPUTY I/II CONSOLIDATION    Return to Menu

Section 1 – General

Effective December 15, 2001, the County shall consolidate the classes of Deputy Sheriff I and Deputy Sheriff II into a single class of Deputy Sheriff.

Section 2 – Step Placement and Advancement

(a) The reclassification of each incumbent from Deputy Sheriff I or Deputy Sheriff II to Deputy Sheriff shall not be considered a promotion.

(b) Each incumbent shall be placed upon the salary range for Deputy Sheriff, as follows:

(d) Employees whose step placement at conversion would result in a reduction in hourly rate shall be maintained in their current class, range and step until their next step advance, at which time, they shall be placed upon the new range at the applicable step (i.e., Deputy Sheriff I at Range 15, Step 6, shall advance to Range 16, step 8 at next step).

(e) Employees will advance through the new range in accordance with the Salary Rates and Step Advancements and Merit Advancements Articles, except as follows:

(1) Employees promoted since June 1, 2001, from Deputy Sheriff I to Deputy Sheriff II shall receive their next step advance in accordance with terms in existence at the time of promotion (i.e., following 1,040 service hours of satisfactory work performance as a Deputy Sheriff II).

(2) Employees at Step 9 or 10 of the Deputy Sheriff I pay range at the time of consolidation shall be eligible for their next step advance as follows:

(i) Employees with fewer than 2,080 service hours at their current step shall be eligible to advance in step (2 steps) upon completion of 2,080 service hours, receipt of a work performance evaluation with an overall rating of at least meets job standards, and appointing authority recommendation.

(ii) Employees with more than 2,080 service hours at current Step 10 shall receive their step advance (2 steps) upon receipt of their next annual work performance evaluation, provided the employee receives an overall rating of at least meets job standards, and appointing authority recommendation.

Section 3 – Incumbent Reassignment Step Adjustment

(a) Employees assigned to the Deputy Sheriff I class in the Court Services or Detention Corrections Bureau as of December 15, 2001, shall receive a step adjustment (2 steps) upon assignment to a field patrol assignment; provided, however, that no employee may be placed higher than Step 15 of the Deputy Sheriff range. If the employee fails to successfully complete the field training program in the patrol assignment, the employee shall be returned to an assignment within the Court Services or Detention Corrections Bureau and shall be returned to the former step, and the employee’s step advanced date from the former (non-patrol) assignment shall be restored. If the employee would have received a step advance in the former (non-patrol) assignment, the employee shall receive the salary step advance effective the pay period they are returned to a non-patrol assignment. Said employee shall receive subsequent step advancement based upon initial (pre-patrol assignment) step advancement eligibility schedule.

(b) An employee who returns to an assignment within the Court Services or Detention Corrections Bureau from a patrol assignment in which the employee has successfully completed the field training program shall continue to receive the step adjustment.

(c) Employees receiving the step adjustment upon reassignment shall be required to complete 2,080 service hours at their new step before advancement to the next step, if applicable.

(d) Under no circumstances will an employee receive the benefits of this section (step adjustment) more than once.

DISPUTE RESOLUTION PROCEDURE    Return to Menu  

There are four (4) types of dispute procedures in this Article: grievances, disciplinary appeals, unfair labor practices, and equal employment opportunity complaints.

A grievance is a disagreement between County management and an employee, group of employees, or SEBA concerning the interpretation, application, or violation of this Memorandum of Understanding. SEBA may not independently submit or process a formal grievance, unless it can show that at least one (1) employee within the Unit has suffered detriment as a result of the aggrieved contract provision.

An equal employment opportunity complaint is an allegation of a violation of the County Equal Employment Opportunity Plan.

A disciplinary appeal is an appeal of discipline as defined by the Personnel Rules.

Unfair labor practice charges are defined by County Ordinance 3707 (the Employee Relations Ordinance). This section also applies to unit modification and unit determination issues.

Any dispute which may arise between parties involving application, meaning, or interpretation of the Personnel Rules is excluded from this Article and shall be settled in accordance with the appropriate appeal procedure established by the Personnel Rules except as provided in Section 4 of this Article.

All matters are excluded from this procedure which deal with the Article County Management Rights, federal or state statutes, rules or regulations; or are preempted by County Charter.

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 for any grievance, as defined herein.

Section 3 – Grievance Procedure

(a) Jurisdiction

The Director of Human Resources or designee shall have the sole authority within the County 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 County structure to adjudicate all grievances, as defined or otherwise provided herein.

(b) Representation

Aggrieved employees shall have the right to be represented only by themselves or by an authorized SEBA representative. This representation may commence at any step in the Grievance Procedure. A representative of the Human Resources Department may be in attendance at any step in the Grievance Procedure. The County 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.

(c) Consolidation of Grievances

In order to avoid the necessity of processing numerous similar grievances at one time, similar grievances must be consolidated.

(d) Time Limitations and Notification

Time limitations are established to settle a grievance quickly. Time limits may be modified only by agreement of the parties. 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. If a reviewing official does not respond within the time limits specified, the grievance shall be deemed to have been denied on the last day upon which the response could have been made.

The grievant shall then proceed to the next step of the Grievance Procedure within the specified time limits. A formal grievance may be entertained in or advanced to any step if the parties jointly so agree, except as limited by Section 2 of this Grievance Procedure. A copy of such agreements bearing the signatures of the parties shall be filed with the Employee Relations Division of the Human Resources Department.

For purposes of this Grievance Procedure, notification to a party may be given either personally or by mail. 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 third 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.

(e) Steps in the Grievance Procedure

The procedures outlined herein constitute the informal and formal steps necessary to resolve an employee's grievance. The attempt of settlement of grievances filed on behalf of an individual employee(s) in the informal step at the employee-supervisor level is required. The presentation of the informal grievance is an absolute prerequisite to the institution of a formal grievance. The grievance must be submitted within fifteen (15) work days after the employee is aware of the conditions precipitating the grievance.

Step 1.

Within three (3) work days the immediate supervisor shall give the decision to the employee orally.

If a mutually acceptable solution has not been reached in the informal step, the grievant shall submit the grievance in writing on appropriate forms prepared and supplied by the Employee Relations Division which shall provide a detailed statement of the grievance, including dates, names, and places, applicable MOU articles, and the specific remedy or action requested. The written grievance shall be filed in duplicate with the Employee Relations Division within five (5) work days of oral notification of the immediate supervisor’s decision.

Step 2. .

The Employee Relations Division shall make a determination of whether the grievance is a matter for which the formal Grievance Procedure is appropriate. The determination and notification to the grievant will be made within five (5) work days of receipt of the grievance. Any affected party may appeal this determination directly to the arbitrator, in accordance with the provisions of this procedure, within five (5) work days following notification by the Employee Relations Division of the Human Resources Department.

If a mutually acceptable solution has not been reached, the grievant shall submit the written grievance to the Division/Section Head within three (3) work days of the receipt of written response of the immediate supervisor.

Step 3. .

The Division/Section Head shall meet with the grievant and thoroughly discuss the grievance within five (5) work days of receipt of the written grievance of the employee. Any grieving employee must appeal personally.

In the Sheriff's Department, it may be necessary to involve intermediate supervisors in the discussions with the grievant. The time limits established normally allow for this, but if an extension of time is needed, it should be mutually agreed upon in writing by both the appointing authority and the grievant or designated representative. A copy of the written agreement will be furnished to the Employee Relations Division of the Human Resources Department.

The Division/Section Head shall give a written decision to the grievant and the Employee Relations Division within five (5) work days after discussion with the grievant. If the grievance has not been satisfactorily resolved at this level, it may be appealed to the appointing authority within five (5) work days following notification to the employee.

Step 4. .

The appointing authority shall review the matter and shall render a decision within five (5) work days after receiving the grievance. If the grievance has not been satisfactorily resolved by the appointing authority, appeal may be made within five (5) work days to the next step.

Step 5 – Arbitration.

If the grievance has not been satisfactorily resolved, a written appeal for arbitration must be filed with the Employee Relations Division within five (5) work days of notification of the decision by the appointing authority. The appeal must be presented on the aforementioned grievance form supplied by the Employee Relations Division of the Human Resources Department along with a copy of any pertinent documents.

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 MOU 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 MOU. Lastly, the arbitrator shall not substitute his judgment for that of the County on matters pertaining to the exercise of managerial discretion except where it can be shown by the grievant/SEBA that the County abused its discretion.

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. The arbitrator’s 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. The decision by the arbitrator shall be final and binding on all parties unless there is a financial impact in which case it shall be subject to approval 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, the decision shall become final and binding. A copy of the arbitration decision shall be filed with the Employee Relations Division of the Human Resources Department and SEBA.

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

Disciplinary appeals are governed by the Personnel Rules, except where the provisions in the MOU differ from those in the Personnel Rules the provisions of the MOU take precedent.

Disciplinary appeals shall be heard by a hearing officer. Except as provided herein, the hearing officer's findings and recommendations shall be final and binding on both parties but shall be subject to review by the Civil Service Commission on its own initiative only as described below. The Civil Service Commission shall either accept or reject the hearing officer's findings and recommendations within sixty (60) days of receipt by the Commission. In the event the Civil Service Commission does not accept the hearing officer's decision in its entirety, the Commission shall conduct and complete a full and fair evidentiary hearing on the disciplinary appeal. Such hearing shall commence within thirty (30) days of rejecting the hearing officer's findings and recommendations unless the hearing cannot for good cause be commenced within thirty (30) days. Both the County of San Bernardino and SEBA reserve the right to seek judicial review of the final administrative decision pursuant to Section 1094.5 of the California Code of Civil Procedure. Failure by either party to formally request a rehearing by the Commission will not be deemed a waiver or bar of the right to seek judicial review as set forth above.

Within five (5) business days of acceptance of the appeal by the Civil Service Commission, the parties shall either mutually agree to have the appeal heard by the Civil Service Commission or the appellant’s representative shall request a list of hearing officers from the American Arbitration Association or the State or Federal Mediation and Conciliation Service.

If applicable, the names provided by the American Arbitration Association or the State or Federal Mediation and Conciliation Service shall be added to the list established annually by the parties and the Civil Service Commission. Within ten (10) business days, the parties shall select from the list by mutual agreement. Where mutual agreement cannot be made, the hearing officer in each case 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 advise the Civil Service Commission of the selection of hearing officer and request that the hearing officer be appointed.

The hearing officer shall conduct the hearing and issue its decision in accordance with provisions of this MOU and the rules and procedures of the Civil Service Commission.

The cost of the hearing officer’s services and court reporter, if applicable, shall be borne equally by the parties. Any cancellation fee will be paid by the party responsible for canceling the hearing, or divided between the parties if both parties are responsible.

Section 5 – Unfair Labor Practices

Unfair labor practice charges as well as unit modification and unit determinations shall be heard by a Hearing Officer in accordance with Section 8 of this Article.

Section 6 – Equal Employment Opportunity Compliance Process

Employees have the ability to file complaints involving discriminatory employment practices as defined in the County’s Equal Employment Opportunity Plan. Such complaints may be filed with the County’s Equal Employment Opportunity Office, or the State Department of Fair Employment and Housing (DFEH) or the Federal Equal Employment Opportunity Commission (EEOC). In the event the investigative findings of the County’s Equal Employment Opportunity Office are not satisfactory to the complainant(s), the complainant or complainants represented by SEBA may file an appeal as described herein. A complainant or complainants not represented by SEBA may use the appeal process described herein, but must assume one-half (1/2) of the costs of the appeal process, including any arbitrator’s costs.

Any appeal under this Section must be filed with the County’s Equal Employment Opportunity Office within ten (10) calendar days of receipt of the written investigative findings of the County’s Equal Employment Opportunity Office. The Equal Employment Opportunity Office and SEBA, or complainant when not represented by SEBA, shall contact an arbitrator to establish a hearing date acceptable to both parties; provided, however, that the arbitrator must have demonstrated experience in the field of affirmative action and employment discrimination and that the hearing commence within ninety (90) calendar days of the date of appeal, unless otherwise agreed by the parties. The arbitration shall be conducted in accordance with Section 8 of this Article, substituting the Human Resources Department’s Equal Employment Opportunity Office for the Employee Relations Division where applicable except for the following: The arbitrator may not order any monetary remedy which exceeds actual losses of pay and benefits suffered by the complainant. The cost of an arbitrator’s services shall be split equally between the County department of the complainant(s) and SEBA, including any cancellation fee if both parties are mutually responsible, otherwise the party responsible shall pay the entire cancellation fee.

Section 7 – Mediation

Prior to arbitration, the parties (Director of Human Resources or designee and SEBA) may by mutual agreement utilize mediation for any dispute filed under the provisions of this Article. 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 3(b) of this Article.

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

(a) The parties (Director of Human Resources or designee and SEBA) shall exchange in writing the agreement to refer a specific issue to mediation;

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

(c) The grievant/appellant and the County are each entitled to one (1) representative;

(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 or less presentation for each side, not restricted to the rules of evidence, and no retention of a proceeding 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 agreement;

(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 the Memorandum of Understanding or Personnel Rules.

(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 the use of a private hearing officer, such costs shall be equally divided between the employee’s department 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 hearing officer/arbitrator for the same case should the same be forwarded to arbitration or a Personnel Rules disciplinary hearing.

(2) No reference to a matter mediated may be utilized in a subsequent arbitration or hearing unless both parties agree 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.

Section 8 – Procedures Governing Appeals Before the Arbitrator/Hearing Officer

(a) Arbitrators/Hearing officers may be selected by mutual agreement of the Human Resources Department and SEBA. Otherwise, they shall be selected from a list established by the Human Resources Department and SEBA from names provided by the State Mediation and Conciliation Service. The arbitrator/hearing officer in each case 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 is not available, the previously stricken person(s) shall be contacted in reverse order until one is available. The list shall be in effect for one (1) year; names are subject to renewal only if both the Human Resources Department and SEBA are in agreement; where there is not mutual agreement, new name(s) shall be added to the list in the aforementioned manner.

(b) The cost of the hearing officer’s/arbitrator’s services, and court reporter if applicable, shall be split equally between the County Department of the complainant(s) and SEBA, or the complainant if not represented by SEBA. Any cancellation fee will be paid by the party responsible for canceling the hearing, or divided between the parties if both parties are responsible.

(c) Prehearing conferences are to be mandatory. Within twenty (20) work days, both parties are required to meet in such conference to jointly or individually declare stipulations, identify witnesses and exchange exhibits that will be carried forward to the hearing, the intent being full disclosure by both sides prior to the arbitration process.

(d) The decision of the arbitrator shall be made in writing and transmitted to the parties within thirty (30) calendar days after the conclusion of the hearing.

When a position is downgraded because of decreased responsibility or difficulty, the Director of Human Resources may authorize continuation of the same salary rate payment to the incumbent employee that the employee received prior to the downgrading of the position by placing the employee on an "X" step, provided that the employee shall receive no future salary rate increases until the salary rate of the position held exceeds the "X" step.


DUAL APPOINTMENTS    Return to Menu

The appointment of two (2) full-time employees to the same budgeted position may be authorized by the Director of Human Resources to facilitate training, to make assignments to a position vacant due to extended authorized leave of absence, or in an emergency.


ELECTRONIC FUND TRANSFER    Return to Menu

All employees hired after July 1, 2000, must make arrangements for the direct deposit of paychecks into the financial institution of their choice via electronic fund transfer.


EMPLOYEES AND AUTHORIZED EMPLOYEE REPRESENTATIVES    Return to Menu

Section 1. Authorized Employee Representatives
 
SEBA may designate employees as authorized employee representatives to represent employees in the processing of grievances and for discipline protection 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 shall designate at least one (1) authorized employee representative in each major geographic location for which the Sheriff, or District Attorney maintains a substation, branch office or division. SEBA shall be entitled to designate two (2) alternates for each authorized employee representative; provided that these alternates shall be located at the same work station as their appropriate representative.

(b) SEBA will designate only employees who have obtained regular status.

(c) SEBA shall file with the affected Agency Administrator, Department Head, Human Resources Officer, and the Director of Human Resources a written list of all employees designated as authorized employee representatives and alternates, which list shall be kept current by SEBA by filing a notification of change of authorized employee representatives.

Section 2 – Handling of Grievances and Disciplinary Proceedings

(a) At the request of an employee, an authorized employee representative may investigate a real or prospective grievance or disciplinary proceeding, and represent the employee during the resulting proceedings.

(b) Prior to participating in a grievance or disciplinary proceeding, the authorized employee representative and affected employee shall first obtain authorization from their immediate supervisor(s). 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 County operations. If denied, the immediate supervisor will establish an alternative time convenient to the County and employees when the authorized employee representative and affected employee can reasonably expect to be released from their work assignment.

(c) Employees must use the authorized SEBA representative(s) assigned to their geographic location to process a grievance or to be represented for the purpose of discipline protection; provided that if an employee chooses to be represented by any other employee for the purpose of handling a grievance or for discipline protection, such employee shall not be compensated by the County.

(d) County vehicles may not be used and long distance calls may not be placed in implementing the provisions of this Article.


EMPLOYEE’S RIGHTS    Return to Menu

All employees shall have the following rights which may be exercised in accordance with State Law, the County Charter, and applicable ordinances, rules and regulations.

(a) The right 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 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 County, except as provided in "Modified Agency Shop" Article.

(c) The right 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 (a) and (b).

The provisions of Section 3300 et seq. of the Government Code are hereby incorporated as such provisions may apply to employees within the Safety Unit; provided, however, that these provisions or alleged violations thereof shall not be subject to the Grievance Procedure.

Section 1 – General Provisions

The purpose of this Article is to define the policies and procedures by which employees shall report and be reimbursed for necessary expenses incurred on behalf of San Bernardino County, except as may be otherwise provided in this Agreement.

Section 2 – Responsibilities

It shall be the responsibility of each 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 appropriate appointing authority or designee to incur a business expense. Prior approval may be in the form of standing orders issued by the appointing authority.

Section 3 – Travel Authorization

(a) Travel outside the State of California must be approved by the County Administrative Office or designee except when the trip is within twenty (20) miles of the California border or travel through a location anywhere in the adjacent state as a means of arriving 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 department's budget.
(b) The appointing authority or designee shall initiate Travel Requests. The County Administrative Office 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) Appointing authorities may authorize attendance at meetings at County expense when the program material is directly related to an important phase of County service and holds promise of benefit to the County as a result of such attendance.

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

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) or until June 30 during the current fiscal year, which ever occurs first. At the end of the fiscal year, expense reimbursement claims for July 1 and beyond must be on a separate claim from those expenses claimed for June 30 or earlier.

(b) Receipts or vouchers which verify the claimed expenditures will be required for all items of expense, except:

(1) Subsistence, except as otherwise provided in this Article.

(2) Private mileage.

(3) Taxi, streetcar, bus, and ferry boat fares; bridge and road tolls; and parking fees.

(4) Telephone and telegraph charges.

(5) Other authorized expenses of 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, tips, etc., unless such personal expense is a necessary and integral part of an authorized investigation.

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

Section 6 – Transportation Modes

(a) The general rule for selection of a mode of transportation is that mode which represents the lowest expense to the County.

(b) Travel Via Private Automobile

(1) Reimbursement for use of privately owned automobiles to conduct County business shall be at the IRS allowable rate per mile for all miles driven per month. Reimbursements 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 County does not provide any insurance for private automobiles used on County business. The owner of an automobile is responsible for the personal liability and property damage insurance when the vehicle is used on County business.

(2) When employees, traveling on official County business, leave directly from their principal place of residence rather than from their assigned work location, mileage allowed to the first work contact point shall be equal to the actual mileage from the residence or the mileage computed from the assigned work location, whichever is less.

Similarly, if the employee departs from the last work contact point directly to the residence, only such mileage shall be allowed as the lesser distance between it 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 such use is approved by the appointing authority. Rental vehicles are covered for liability and vehicle physical damage under the County’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 County business.

(d) Travel Via Air

Commercial Aircraft – Expense reimbursement for travel via commercial aircraft shall be compensated only for the cost of air coach rates, unless air coach or economy space is unavailable to meet emergency requirements.

Section 7 – Subsistence for Overnight Travel

(a) Subsistence allowances for lodging and meals while traveling overnight on County business shall not be allowed without prior approval of the appointing authority or designee and only as deemed necessary for the purpose of conducting County business. As provided in Section 5(e), expense reimbursements shall be made on an actual cost basis except that where no receipts have been submitted the allowances listed below shall apply.

(b) The allowance for lodging is sixty-five dollars ($65.00) plus tax, per night, single.

(c) The allowance for meals is forty-one dollars ($41.00) plus tax, per full day, or when it is less than a full day or separate meals are claimed, nine dollars ($9.00) for breakfast; twelve dollars ($12.00) for lunch; and twenty dollars ($20.00) for dinner, all plus tax.

Section 8 – Meal Reimbursement

(a) The parties agree that it is the basic responsibility of employees to anticipate and make provision for their own meals eaten during the employee’s regularly scheduled tour of duty; however, reimbursement for meals may be approved by the appointing authority when an employee is twenty (20) miles or more distant from assigned work location for more than one-half (1/2) of the scheduled tour of duty or when an employee is required to work for two (2) hours or more in excess of the regularly scheduled tour of duty during an unplanned activity. Receipts are not mandatory for claims under this subsection; however, reimbursement for meals provided for in this subsection shall be made on an actual cost basis not to exceed nine dollars ($9.00) for breakfast; twelve dollars ($12.00) for lunch; and twenty dollars ($20.00) for dinner, all plus tax.

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

(c) Employees may be reimbursed for purchasing meals for prisoners, while being transported. Said meal expenses are not to exceed five dollars ($5.00) per meal. Original receipts are mandatory to obtain reimbursement for meals for prisoners.

Section 9 – Expense Advances