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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

Advancement of funds for business expenses can be obtained from the Auditor-Controller's Office through submission of the appropriate form. Advancements shall not exceed the maximum allowances set forth herein. The minimum amount to be advanced is fifty dollars ($50.00)

Section 10 – Burial Expenses

Immediately following proof of the death of an employee resulting from an accident or injury caused by external violence or physical force incurred in the performance of duty, the County shall pay to the employee's designated beneficiary the sum of $4,000 for purposes of burial expenses. Any sums for such burial expenses entitled to the beneficiary under the Worker's Compensation laws not to exceed $4,000 shall be assigned to and paid directly to the County.

Section 11 – Meal Reimbursement for Trimester Use of Force Training

All employees attending trimester use of force training may be eligible for meal reimbursement under this Section even though they may have traveled less than twenty (20) miles from their normal work location. Meal reimbursements under this Section shall be subject to the POST-established amounts and requirements. Employees attending trimester use of force training are not eligible for expense reimbursement under Section 8 of this Article. If POST suspends or eliminates reimbursement for such expenses, operation of this Section shall be suspended. In the event this Section is suspended, reimbursement for meals shall be made pursuant to Section 8 of this Article.


EXTRA HELP AND PUBLIC GATHERINGS    Return to Menu

Extra help employees shall be compensated on an hourly basis only for hours actually worked. Compensation shall be paid at an hourly rate as provided in the Salary Adjustment Article, Section 1. Under unusual circumstances and with the approval of the appropriate appointing authority(s) and the Director of Human Resources, an employee in a regular position may choose to work in an extra help capacity for the same or another appointing authority and be compensated as such pursuant to this Article. Employees who work public gatherings shall be compensated pursuant to the appropriate ordinance for public gatherings and such compensation shall not be governed by the provisions of this Agreement.

FULL UNDERSTANDING, MODIFICATION, WAIVERS    Return to Menu

(a) It is hereby agreed that certain provisions of the currently existing County Code and the District Attorney, and Sheriff's Department rules, directives, regulations and preconditions to employment, except as expressly modified by this Agreement, specifically set forth existing wages, hours and other terms and conditions of employment of the affected employees within the scope of representation of SEBA as defined in Section 3504 of the California Government Code. It is further agreed that all such ordinances, resolutions, written policies and other documents are hereby incorporated into this Agreement by this reference to the extent they are within the scope of bargaining as defined in Section 3504 of the California Government Code and made a part hereof as though fully set forth and except as specifically provided in this Agreement shall remain in full force and effect during the entire term thereof; provided, however, that the County may make changes consistent with rights, if any, SEBA has to meet with the County prior to implementation of such changes.

(b) The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter within the scope of representation, and that the understandings arrived at after the exercise of that right are set forth in this Agreement. The express provisions of this Agreement for its duration, therefore constitute the complete and total contract between the County of San Bernardino and SEBA with respect to wages, hours and other terms and conditions of employment. Except as provided in paragraph (a) of this Article, any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. Therefore, except as provided in paragraph (a) of this Article, the County and SEBA for the life of this Agreement each voluntarily waives the right to meet and confer in good faith and waives the right to compel the other party to meet and confer in good faith with respect to any subject or matter referred to or covered in this Agreement, or with respect to any subject or matter not specifically referred to or covered in this Agreement.

IMPLEMENTATION    Return to Menu

This Memorandum of Understanding constitutes a mutual agreement by all members of the Employee Relations Committee to be jointly submitted to the Board of Supervisors for approval. It is agreed that this Memorandum of Understanding shall not be binding upon the parties either in whole or in part unless and until approved by the Board of Supervisors.

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

LAYOFF    Return to Menu

Section 1 – Layoff Policy

Whenever possible, loss of employment for regular County employees shall be avoided by transfer, demotion, or temporary work. During the first year following a layoff, laid off employees shall have first consideration for any vacancies in a classification for which qualifications are deemed suitable by the Director of Human Resources.

After one (1) year on the layoff list, the names of employees shall be transferred to the appropriate open or promotional list. The duration of such placement shall not exceed two (2) years.

Section 2 – Definition of Layoff

Layoff is the involuntary separation or demotion of a regular employee without fault of the employee.

Section 3 – Notification

Whenever the appointing authority anticipates a surplus of employees in regular positions, immediate notification to the Director of Human Resources and SEBA shall be made. The notification shall include the anticipated number and classifications of employees to be laid off and a plan for conducting an orderly layoff to reduce adverse effect on employees to be laid off.

Section 4 – Order of Layoff

Layoffs shall be by classifications unless the appointing authority, with the approval of the Director of Human Resources, deems it for the best interests of the service to make reductions in classification first and thereby cause separation from the service only in the lower ranks. The services of all provisional, temporary, and probationary employees in the classification affected within the interested department shall be terminated in that order before any reduction in the regular force. Layoffs among regular employees shall be made on the basis of seniority determined by the employee's current beginning date of continuous service in a regular position with the County of San Bernardino. A regular employee who accepts demotion in lieu of layoff retains layoff rights to his former classification.

Section 5 – Short-Term Layoffs

Layoffs for periods not to exceed fifteen (15) consecutive work days may be made in any order for reasons approved by the Director of Human Resources.

Section 6 – Exception to Order of Layoff

Whenever the appointing authority believes that the best interests of the service require the retention of employees with special qualifications, characteristics, and fitness for the work, the appointing authority may request an exception to the order of layoff. Such requests must be in writing to the Director of Human Resources and must be supported by the appointing authority's reason. A copy of such request shall be submitted to SEBA at that time.


LEAVE PROVISIONS    Return to Menu

Section 1 – Sick Leave

(a) Definition – Sick leave with pay is an insurance or protection provided by the County to be granted in circumstances of adversity to promote the health of the individual employee. It is not an earned right to time off from work. Sick leave is defined to mean the authorized absence from duty of an employee because of illness, injury, pregnancy, exposure to contagious disease, attendance upon ill member of the employee’s immediate family or for a medical, optical, or dental appointment. Such authorized absences may include attendance upon the parent(s) of an employee, not to exceed a total of eighty (80) hours per calendar year. In addition, a maximum of forty (40) hours earned sick leave may be used for bereavement due to the death of persons in the immediate family, or any relative living with the employee. Immediate family is defined as spouse, child, mother, father, brother, sister, mother-in-law, father-in-law, and domestic partner or child of domestic partner, as defined by California Family Code Section 297.

(b) Accumulation – Employees in regular positions shall accrue sick leave for each payroll period completed, prorated on the basis of ninety-six (96) hours per year, or 3.69 hours per pay period. Earned sick leave shall be available for use the first day following the payroll period in which it is earned. There shall be no limit on sick leave accumulation. This provision deleting the accrual limit of sick leave is for the length and purpose of this Memorandum of Understanding. At the conclusion of this Memorandum of Understanding, the County may elect to remove this provision, at which time the limit on accumulation shall be established at one thousand three hundred forty (1,340) hours. Any leave accumulation in excess of one thousand three hundred forty (1,340) hours prior to election by the County shall remain available to the employee. The minimum charge against accumulated sick leave shall be fifteen (15) minutes. Employees in regular positions budgeted less than eighty (80) hours per pay period shall receive sick leave accumulation on a pro-rata basis.

(c) Compensation – Approved sick leave with pay shall be compensated at the employee's base rate of pay (including POST incentive pay).

(d) Administration

(1) Investigation – It shall be the responsibility and duty of each appointing authority to investigate each request for sick leave and to allow sick leave with pay where the application is determined to be proper and fitting, subject to approval of the Director of Human Resources.

(2) Notice of Sickness – The appointing authority or designated representative must be notified at least one (1) hour prior to the start of the employee's scheduled tour of duty of a sickness on the first day of absence. For employees assigned to 24-hour institutions (e.g., correctional facilities) the appointing authority or designee should be notified at least two (2) hours prior to the start of the employee’s scheduled tour of duty of a sickness on the first day of absence and must be notified at least one (1) hour prior to the start of the employee’s scheduled tour of duty. It is the responsibility of the employee to keep the appointing authority informed as to continued absence beyond the first day for reasons due to sickness. Failure to make such notification may result in denial of sick leave with pay.

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

(4) Proof – A doctor's certificate or other adequate proof of illness shall be provided by the employee in all cases of absence due to illness when requested by the appointing authority.

(5) Improper Use – Evidence substantiating the use of sick leave for trivial indispositions, instances of misrepresentation, or violation of the rules defined herein shall be construed as grounds for dismissal or such other action as may be deemed proper and necessary by the appointing authority and/or the Board of Supervisors.

(6) Misconduct – Sick leave with pay may be denied if the absence is found to be due to willful injury, gross negligence, intemperance, improper conduct or willful absence without leave on the part of the employee.

(e) Workers' Compensation – As provided in Section 4850 of the Labor Code, a Safety Unit employee who is injured in the line of duty is entitled to full salary in lieu of Workers' Compensation benefits and sick leave for a period not to exceed one (1) year. After the employee has used one (1) full year of such 4850 time, said employee may use accumulated sick leave with pay with the approval of the appointing authority to augment temporary disability payments if said employee is still temporarily disabled by order of an accepted physician under the Workers' Compensation sections or until said employee is retired.

(f) Separation – Unused sick leave shall not be payable upon separation of the employee, except as provided in paragraph (g).

(g) Sick Leave Conversion� Employees who were employed in regular positions in the County service and are currently members of the San Bernardino County Employees' Retirement Association, shall receive compensation in accordance with the following: After ten (10) years of continuous service from date of hire in a regular position and upon retirement, death, or resignation, an employee or the estate of a deceased employee will be paid for unused sick leave balances according to the following formula:

Employees who receive a disability retirement due to permanent incapacity to work shall be entitled to one hundred percent (100%) cash payment of any unused sick leave balances up to one thousand (1,000) hours computed at their then current base hourly rate, if they elect an early retirement in lieu of exhausting such sick leave balances. In no event shall any employee, except those receiving a disability retirement, receive compensation under this section in excess of four hundred eighty (480) hours pay computed at the then current base hourly rate of said employee (including POST incentive pay).

Section 2 – Annual Leave

(a) Definition – Vacation is a right, earned as a condition of employment, to a leave of absence with pay for the recreation and well-being of the employee. Under unusual circumstances, vacation leave may be used for sick leave purposes upon a special request of the employee and with the approval of the appointing authority.

(b) Accumulation

All employees in regular positions shall accrue, on a pro-rata basis, vacation leave for completed service hours, up to eighty (80) hours per pay period. Such vacation allowance shall be available for use on the first day following the pay period in which it is earned, provided an employee has completed 1,040 hours of continuous service from the employee's service date. Employees in regular positions budgeted less than eighty (80) hours per pay period shall receive vacation leave accumulation on a pro-rata basis.

(c) Court Holidays

(1) Employees assigned to the Court Service Bureau of the Sheriff’s Department shall use annual leave for the following court holidays:

When a court holiday falls on a Sunday, the next day, Monday, shall be observed as the holiday.

(2) Whenever an employee is required to work on a fixed holiday, the time will be coded as work time and not charged against the employee’s annual leave bank.

(3) If an employee does not have sufficient annual leave for the holiday, the employee will use compensatory time off. If the employee has no compensatory time off, the employee will use approved absence without pay. An employee who has been employed less than 1,040 hours and/or did not have the opportunity to accrue sufficient annual leave time will be given the option of working another assignment designated by the appointing authority, using compensatory time off, or taking approved leave without pay. An employee can work the holiday upon request of the employee only if work is available and upon approval by the appointing authority.

(4) Other court holidays shall be considered regular work days.

(d) Administration

(1) Annual leave shall be taken annually at the discretion of the appointing authority, and at such times as will not impair the work schedule or efficiency of the department. The parties recognize that it is the responsibility of the employee to keep track of their own leave balances and to endeavor to keep the leave balance within the maximum allowable unused balance. Every effort will be made to enable employees to take time off to remain below the maximum balance; however, to facilitate scheduling the employee should provide at least six (6) pay periods advance notice of reaching the maximum balance to the appointing authority or designee. No employee, however, shall lose earned annual leave time because of work urgency or during leave of absence under Section 4850 of the Labor Code. If an employee has reached the maximum allowed unused balance due to work urgency or leave of absence under Section 4850 of the Labor Code and is unable to take an annual leave, the appointing authority will notify the Auditor-Controller of the situation and approve one (1) waiver per calendar year of the maximum allowed unused balance for a period not to exceed thirteen (13) pay periods, or in the case of a 4850 leave, not to exceed thirteen (13) pay periods from date the employee returns to duty.

(2) The minimum charge against accumulated annual leave shall be fifteen (15) minutes or multiples thereof. Annual leave shall be compensated at the employee's base rate of pay, including POST incentive pay.

(3) Employees not planning to return to County employment at the expiration of an annual leave, except those retiring, shall be compensated at their base rate of pay (including POST incentive pay) in a lump sum payment for accrued annual leave and shall not be carried on the payroll. Retiring employees may elect to use annual leave to enhance retirement benefits or be compensated in a lump sum payment for accrued time, provided that each pay period the employee charges the number of hours in their regular scheduled tour of duty. Terminating employees not covered by the above provisions shall be compensated at their base rate of pay (including POST incentive pay) for accrued annual leave that they were entitled to use as of the date of termination.

(4) On one (1) occasion during each calendar year, an employee who has utilized eighty (80) or more hours of annual leave during the previous calendar year may elect to convert into a cash payment, at the rate of pay (including Incentive Pay) then in effect, up to forty (40) hours of accrued annual leave.

In order to sell back annual leave prior to termination or retirement, an employee must make an irrevocable election during the month of December, specifying the number of hours to be sold back from the next calendar year's annual leave time accrual. Such election must be made in a single block of not more than forty (40) hours. Once an election is made, the employee must request that the designated number of hours actually be sold back by pay period 25 of the calendar year in which the election is effective, or the hours will be automatically converted into cash in pay period 26.

(e) Grandfather Bank – Employees who have accrued annual leave (previously vacation and holiday leave) in excess of that allowed under this Article as of July 14, 1979, shall be allowed to maintain their total balance as of June 2, 1979, provided, however, that any payment of such total balance at the time of retirement or separation shall be based on the base rate of pay in effect immediately preceding June 2, 1979. The employee shall have the option to select whether any use of annual leave shall be charged against time accrued prior to June 2, 1979, or time accrued subsequent to June 2, 1979.

Section 3 – Compulsory Leave

If in the opinion of the appointing authority an employee could be incapacitated for work for physical or psychological reasons, an examination may be required by a physician or other competent authority designated or approved by the Director of Human Resources. If the examination report shows the employee to be in an unfit condition to perform the duties required of the position, the appointing authority shall have the right to compel such employee to take sufficient leave of absence with or without pay, to transfer to another position without reduction in compensation and to follow a prescribed treatment regimen until medically qualified to return to unrestricted duty.

Section 4 – Military Leave

As provided in the California Military and Veterans Code Section 395 et seq., and any amendment thereto, and the federal Uniformed Services Employment and Reemployment Rights Act of 1994, a County employee, regular, extra-help, or recurrent may be entitled to the following rights concerning military leave:

(a) Definition – Military leave is defined as the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training (weekend drills), full-time National Guard duty, and a period for which an employee is absent for the purpose of an examination to determine the fitness of the person to perform any such duty.

(b) Notice and Orders – All employees shall provide advance notice of military service unless military necessity prevents the giving of notice or the giving of notice is impossible or unreasonable. Where available, copy of military orders must accompany the request for leave.

(c) Temporary Active Duty – Any employee who is a member of the reserve corps of the Armed Forces, National Guard, or Naval Militia shall be entitled to temporary military leave of absence for the purpose of active military training provided that the period of ordered duty does not exceed one hundred eighty (180) calendar days, including time involved in going to and returning from such duty. While on paid status, an employee on temporary military leave shall receive the same vacation, holiday, and sick leave, step advances and benefits that would have been enjoyed had the employee not been absent, providing such employee has been employed by the County for at least one (1) year immediately prior to the date such leave begins. In determining the one (1) year employment requirement, all time spent in recognized military service, active or temporary, shall be counted. An exception to the above is that an uncompleted probationary period must be completed upon return to the job. Any employee meeting the above one (1) year employment requirement shall be entitled to receive their regular salary or compensation, pursuant to Section (e) of this Article.

(d) Full-Time Active Duty – Employees who resign from their positions to serve in the Armed Forces for more than one hundred eighty (180) days, shall have a right to return to their former classification upon serving written notice to the appointing authority, no later than ninety (90) days after completion of such service. Returning employees are subject to a physical/psychological examination.

Should such employee’s former classification have been abolished, then the employee shall be entitled to a classification of comparable functions, duties, and compensation if such classification exists, or to a comparable vacant position for which the employee is qualified.
The right to return to former classification shall include the right to be restored to such civil service status as the employee would have if the employee had not so resigned; and no other person shall acquire civil service status in the same position so as to deprive such employee of this right to restoration.

Eligible employees are also entitled to the reemployment and benefit rights as further described in the Uniformed Services and Employment and Reemployment Rights Act, 38 U.S.C. Sections 4301-4333. Specifically, a returning employee will receive restoration of original hire and benefit date, salary step, vacation accrual rate, sick leave balance (unless the employee has received payment for unused sick leave in accordance with provisions contained herein), the retirement plan contribution rate and retirement system contributions (provided the employee complies with any requirements established by the Retirement Board). However, such employee will not have accrued vacation, sick leave, or other benefit while absent from County employment, except as provided in the temporary duty provision.

(e) Compensation – This provision does not include an employee’s attendance for inactive duty, commonly referred to as weekend reserve meetings or drills. Employees must use their own time to attend such meetings. Should the meetings unavoidably conflict with an employee’s regular working hours, the employee is required to use vacation or holiday leave, leave without pay, or make up the time. Employees who are called in for a medical examination to determine physical fitness for military duty must also use vacation leave, leave without pay, or make up the time. Employees cannot be required to use their accrued leave. Any employee meeting the requirements in (c) and (d) shall be entitled to receive their regular salary or compensation for the first thirty (30) calendar days of any such leave. Pay for such purposes shall not exceed thirty (30) days in any one fiscal year and shall be paid only for the employee’s regularly scheduled workdays that fall within the thirty (30) calendar days.

(f) Extension of Benefits – The County recognizes the increased requirements of the military due to the current threats facing the United States of America. Employees who are called to active duty as a result of the activation of military reservists beginning in September 2001, and are eligible to receive the thirty (30) calendar day military leave compensation shall receive the difference between their base County salary and their military salary starting on the 31st calendar day of military leave. The difference in salary shall continue until March 21, 2003. During this period, the County will continue to provide the employee the benefits and all leave accruals as was provided prior to such active duty. Retirement contributions and credit will be granted if the employee had enough pay to cover the entire contribution. If the employee does not get enough pay to cover the retirement contribution, no contribution or credit will be given. If upon return from leave the employee complies with all requirements of the Board of Retirement, then the employee shall also receive the retirement pick-up allowed by the MOU. Employees should note that the Accidental Death and Dismemberment (AD&D) plan contains a war exclusion.

If the employee becomes eligible for full County payment for the first thirty (30) days of military leave provided in (c) of this Article, the extended payments provided under this Section shall be suspended and shall be continued after the thirty (30) days compensation has been completed.

After March 21, 2003, no compensation shall be paid beyond the thirty (30) day leave period, unless such compensation is expressly approved by the Board of Supervisors.

(g) Vacation and Military Leave – Employees shall not be permitted to take vacation or other accrued leave in lieu of the military leave provisions provided in Section (c) of the Article. Employees may elect to use accrued leave time, except sick leave, in lieu of the integrated pay in Section (f) of this Article under the following conditions:

(1) The employee must decline in writing the benefits of Section (f) of this Article prior to the due date of the Time and Labor Report (TLR). The employee must include the dates for which he/she is declining the benefit.

(2) The employee must use accrued leave time for the entire pay period (i.e., County pay will not be integrated with military pay for partial pay periods).

(3) Such written declination cannot be revoked or amended at a later date for a pay period for which the TLR has already been submitted.

(4) Benefits, leave accruals, and pay will be administered per normal procedures for vacation pay; no additional benefits otherwise granted under this Article will be available.

Employees may elect to use accrued leave time, except sick leave, once all paid benefits have been exhausted.

Section 5 – Political Leave

Any employee who is a candidate for public office shall have the right to a leave of absence without pay for a reasonable period to campaign for the election. Such leave is subject to the conditions governing special leaves of absence without pay contained herein.

Section 6 – Special Leaves of Absence Without Pay

A special leave without pay for a period not exceeding one (1) year may be granted to an employee who is:

(a) Medically incapacitated to perform the duties of the position.

(b) Desires to engage in a relevant course of study which will enhance the employee's value to the County.

(c) An employee who has been employed by the County for at least twelve (12) months and who has been employed for at least one thousand two hundred fifty (1,250) hours of service during the twelve (12) month period immediately preceding the commencement of leave shall be entitled to a leave or leaves of absence, without pay with right to return to the position, for the purpose of birth or adoption of a child and/or care of a child, spouse or parent, as required by the Family Medical Leave Act of 1993 (California Government Code 12945.2).

(d) For any reason considered appropriate by the appointing authority and the Director of Human Resources.

Such request must be in writing and requires the approval of the appointing authority and the Director of Human Resources. Upon request, the appointing authority and the Director of Human Resources may grant successive leaves of absence. Leaves of absence without pay may be given to an employee with or without right to return to classification. At the expiration of leaves without right to return, the employees must contact the Director of Human Resources to have their names referred for a sixty (60) calendar day period to all job openings in their classification for reemployment without examination, such time to run concurrently with the one hundred and eighty (180) calendar day period provided in the Reemployment Article herein. The employee must be appointed to a position within this sixty (60) day period or be terminated.

An employee who is pregnant has the right to continue performing the regular duties of her position until a medical authority determines that she is unable to perform those duties. At that time, if requested by the employee, the appointing authority will make every effort to find other duties the employee can perform until she is disabled due to her pregnancy or childbirth.

A pregnant employee who is medically able to perform the duties of her position but who prefers to be reassigned to available duties that are less strenuous and/or less dangerous, may request a reassignment under the conditions listed above. If the appointing authority is unable to find other suitable duties, and the employee prefers a leave of absence to continuing to perform her regular duties, a leave of absence with right to return will be granted.

Section 7 – Relocation Leave

Employees in regular positions who are required by an appointing authority to change their principal place of residence because of a reassignment to meet the needs of the service shall be granted time off with pay at their base rate of pay not to exceed sixteen (16) work hours.

Section 8 – Jury Duty Leave

Employees in regular positions who are summoned to jury duty shall be entitled to base pay for those hours of absence from work, provided the employee deposits fees for service, other than mileage, with the County Treasurer. Such employees will further be required to deliver a "Jury Duty Certification" form at the end of the required jury duty to verify such service. Employees called for Grand Jury duty shall be granted a leave of absence without pay to perform the duties of a member of the Grand Jury.

Section 9 – Examination Time

Employees in regular positions shall be entitled to a reasonable amount of leave with pay for the purpose of applying for and taking County promotional examinations. Employees are responsible for notifying and obtaining approval from their immediate supervisor prior to taking such leave. Examination time shall not be charged against any accumulated leave balances and shall be compensated at the employee's base hourly rate.

Section 10 – Witness Leave

Employees in regular positions shall be entitled to a leave of absence from work when subpoenaed to testify as a witness, such subpoena being properly issued by a court, agency, or commission legally empowered to subpoena witnesses. This benefit shall not apply in any case in which the subpoenaed employee is a party to the action, or the subpoena has arisen out of the employee's scope of employment. Witness leave shall not be charged against any accumulated leave balances and shall be compensated at the employee's base hourly rate. This benefit will be paid only if the employee has demanded witness fees at the time of service of the subpoena, and such fees are turned over to the County.

Section 11 – Blood Donations

Employees in regular positions who donate blood without receiving compensation for such donation may have up to four (4) hours off with pay with prior approval of the immediate supervisor for each such donation. This benefit shall not be charged to any accumulated leave; provided, however, that any time in excess of four (4) hours must be charged to accumulated sick leave or be taken as leave without pay. Evidence of each donation must be presented to the appointing authority to receive this benefit.

Section 12 – Failure to Return After Leave

Failure of an employee to report to work at the expiration of a leave of absence shall separate the employee from the service of the County and be considered, in effect, a resignation unless extenuating circumstances can be justified to the appointing authority who may approve additional leave.

Section 13 – Service Date

Employee service date is the first day of the pay period in which the employee begins work.

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