| Safety 2002-2005 Memorandum of Understanding, continued... | ||||||||||||||||||
Click
here for page 1 of Safety Memorandum of Understanding MEMORANDUM
OF UNDERSTANDING LIFE INSURANCE Return to Menu Section 1 The County agrees to make available to each employee a group term life insurance program wherein the employee may purchase, through payroll deductions, term life insurance in amounts equivalent to one (1) time, two (2) times, or three (3) times the employee's annual gross earnings. The County agrees to provide these benefits subject to carrier requirements. Selection of the insurance provider(s) and the method of computing premiums shall be within the sole discretion of the County. New employees shall become eligible to participate in these programs on the start of the pay period following completion of 1,040 service hours of satisfactory performance. Note: All persons eligible for the foregoing programs of insurance will be covered for the insurance on the date the insurance becomes effective, or in the case where the employee is absent on the date the insurance becomes effective because of illness, the insurance will commence on the date of return to work. Section 2 The County shall provide at County expense to all employees assigned to the Arson/Bomb Squad, the Narcotics Division, the IRNET Division, and employees in the Scientific Investigations Bureau who regularly work with and/or are exposed to dangerous substances a sixty thousand dollar ($60,000) face value occupational accidental death and dismemberment policy. Selection of the insurance provided shall be at the sole discretion of the County.
Effective
September 14, 1992, a sixty (60) day transition period shall
transpire
so that the current LTD plan furnished by the County
for all Safety Unit employees will be canceled and in its place
at the beginning of each month the County will pay to SEBA thirty-three
dollars ($33.00) times the number of unit employees in regular
positions at that particular time for the LTD plan administered
by SEBA. Participation is mandatory for all Safety Unit employees.
SEBA shall have sole fiduciary and administrative responsibility
for the LTD program for a minimum period of six (6) years. The
transfer of responsibility for LTD from the County to SEBA shall
occur on the first day of the month. These payments shall not be
reported to the Retirement System as "Compensable Earnable." The particulars of this Medical Emergency Leave policy are as follows: (a) The employee must have regular status with the County or one (1) year of continuous service in a regular position with the County. (b) The employee must meet all of the following criteria before he or she becomes eligible for Medical Emergency Leave donation: (1) Be on an approved medical leave of absence for at least thirty (30) calendar days (160 working hours) exclusive of an absence due to a work related injury/illness; (2) Submit a doctor's off work order verifying the medical requirement to be off work for a minimum of thirty (30) calendar days (160 working hours); (3) Have exhausted all available leave balances; (4) Have also recorded at least eighty (80) hours of sick leave without pay. (c) An employee is not eligible for Medical Emergency Leave if he or she is receiving Workers' Compensation benefits. An employee eligible for state disability insurance and/or Long Term Disability must agree to integrate these benefits with Medical Emergency Leave. (d) Annual, vacation, holiday or administrative leave, as well as compensatory time, may be donated by employees only on a voluntary and confidential basis, in increments of eight (8) hours not to exceed a total of fifty percent (50%) of an employee's yearly vacation, holiday, annual, administrative leave or compensatory time accrual per employee. The donation may be made for a specific employee on the time frames established by the Human Resources Department. The employee (donee) receiving the Medical Emergency Leave will be taxed accordingly. (e) The donation is to be for the employee's Medical Emergency Leave only; the donation to one (1) employee is limited to a total of one thousand forty (1,040) hours per fiscal year. (f) The definition of Medical Emergency Leave is an approved Leave of Absence due to a verifiable, long term illness or injury, either physical or mental impairment. Job and/or personal stress (not the result of a diagnosed mental disorder) is specifically excluded for receipt by the employee of Medical Emergency Leave. A statement from the employee's treating physician, subject to review by the County's Occupational Health Officer or medical designee, is required. (g) The employee on an approved Medical Leave of Absence who is receiving Medical Emergency Leave can continue to earn benefit monies per the forty-one (41) hours per pay period requirement of the Benefit Plan Article, the requirement of the Federal and State Family Leave Acts, as applicable to the individual employee. An employee receiving leave under this program is not eligible for receipt of any accruals such as vacation, administrative leave, annual leave, sick leave or retirement credit. (h) Donor hours shall be contributed at the donor's hourly base salary rate (which will include POST pay where applicable) and be converted to the donee's hourly base salary (which will include POST pay where applicable), exclusive in both instances of overtime, differentials and the like as the singular purpose of this program is to provide financial assistance. (i) Any donated time unused by the employee for the medical emergency shall remain in the donee's accruals to be utilized as follows: (1) An employee who resigns while on Medical Emergency Leave, or the beneficiary of an employee who dies while on Medical Emergency Leave, shall be paid at one hundred percent (100%) of his/her base hourly rate of pay for all unused Medical Emergency Leave at time of resignation or death in accordance with payroll procedures established by the County Auditor/Controller. (2) An employee on Medical Emergency Leave who has received the approval of his/her physician and the County's Occupational Health Officer to return to full time work shall have all unused Medical Emergency Leave converted to an equal amount of sick leave which will be available to the employee according to the applicable Sick Leave Article of the Memorandum of Understanding. (3) An employee on Medical Emergency Leave who has received the approval of his/her physician and the County's Occupational Health Officer to return to work on a part time basis (less than the employee's normally scheduled hours of work per pay period) may record a combined total of work time and Medical Emergency Leave not to exceed each pay period the lesser of eighty (80) hours or the employee's normally scheduled hours of work. (j) The donation shall be administered on a specific basis where so designated with instances charged to the Medical Emergency Leave donation for the actual administrative costs. (k) Solicitation of donors shall be regulated by the Human Resources Department; names of donors are to be confidential; the privacy rights of the donee upheld per legal requirements. (l) All donors and donees shall sign release forms designed, retained and effected by the Human Resources Department.
Section 1 It is agreed that a work performance evaluation shall be completed by the employee's immediate supervisor within sixty (60) work days prior to the employee's step advance benefit date for all employees in this Unit who are below the top step of their salary range. If such employee is evaluated as having met job standards or better, the employee will be granted the step advancement effective on the employee's salary benefit date. Section 2 If no work performance evaluation is filed, or if an employee receives an overall "Unsatisfactory" or "Below Job Standards" evaluation, the employee's step advance may not be granted on the date due. Section 3 In cases where no work performance evaluation is filed, an employee will contact the supervisor, who must complete and file the work performance evaluation within five (5) work days. If the employee is rated as having met job standards or better, the employee will be granted the step advancement retroactive to the employee's salary benefit date. Section 4 A denied
step advancement can be granted following any sequence of a thirty
(30) work day review period of the employee's performance. Any dispute arising out of the content of the work performance evaluation may be processed in accordance with the appeal procedure in the Personnel Rules.
Current employees in the Unit who are now or hereafter become SEBA members shall remain SEBA members for the period of this Memorandum of Understanding. Employees who are hired after the effective date of this provision, and who are in a job classification within the Safety Unit, shall within the first pay period from the date of commencement of duties as an employee, become a member of SEBA or pay via payroll deduction to SEBA a fee in an amount equal to SEBA's bi-weekly dues or a lesser amount designated by SEBA. Excepted from the above are extra-help and recurrent employees. Dues withheld by the County shall be transmitted to the SEBA officer designated in writing by SEBA as the person authorized to receive such funds, at the address specified. The parties agree that the obligations herein are a condition of continued employment for unit members. The parties further agree that the failure of any unit member covered by the Article to remain a member in good standing of SEBA or to authorize payroll deduction of the prescribed fee during the term of this Agreement shall constitute, generally, just and reasonable cause for termination. The County shall not be obligated to put into effect any new, changed or discontinued deduction until a payroll deduction card is submitted to the Auditor/Controller-Recorder in sufficient time to permit normal processing of change or deduction. No unit member shall be required to join SEBA or to authorize an agency fee payroll deduction if the unit member is an actual, verified member of a bona fide religion, body, or sect which has historically held conscientious objections to joining or financially supporting employee organizations; this exemption shall not be granted unless and until such unit member has verified the specific circumstances. Such employee must, instead, arrange with SEBA to satisfy his/her obligation by donating the equivalent amount to a non-labor, non-religion charitable fund, tax exempt under Section 501(c)(3) of the Internal Revenue Code (IRC), chosen by the employee, from the following: County Employees Combined Giving Campaign; Teddy Bear Tymes; or the Salvation Army. SEBA shall be responsible for determinations under this paragraph. Proof of such payments shall be submitted to the County on a monthly basis as a condition of continued exemption from the agency fee requirement. SEBA shall be fully responsible for expending funds received under this Article consistent with all legal requirements for expenditures of employee dues which are applicable to public sector labor organizations. Whenever a unit member shall be delinquent in the satisfaction of his or her obligation described above, SEBA shall give the unit member written notice thereof and fifteen (15) days to cure the delinquency; a copy of said notice shall be forwarded to the County Employee Relations Division Chief. In the event the unit member fails to cure said delinquency, SEBA shall request, in writing, that the County initiate termination proceedings. The termination proceedings shall be governed by applicable laws and are specifically excluded from the Grievance Procedure. The County shall not involuntarily deduct from non-members monies specifically earmarked for a Political Action Committee or other political activities. SEBA shall keep an adequate itemized record of its financial transactions and shall make available annually to the County and, upon request to the employees who are members of SEBA within sixty (60) days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to its accuracy by its President and Treasurer or corresponding Principal Officer or by a Certified Public Accountant. A copy of financial reports required under or referred to in the Labor-Management Disclosure Act of 1959 or Government Code Section 3546.5 shall satisfy this requirement. This organizational security arrangement shall be null and void if rescinded by a vote of employees in the unit pursuant to Government Code Section 3502.5(b). SEBA hereby agrees to defend, indemnify and hold harmless the County of San Bernardino and its officers and employees from any claim, loss, liability or cause of action of any nature whatsoever arising out of the operation of this Article. SEBA's indemnity and liability obligation is more fully set forth as follows: SEBA shall defend, indemnify and hold harmless the County of San Bernardino and its officers and employees from any claim, loss, liability, cause of action or administrative proceeding arising out of the operation of this Article. Upon commencement of such legal action, administrative proceeding, or claim, SEBA shall have the right to decide and determine whether any claim, administrative proceeding, liability, suit or judgment made or brought against the County or its officers and employees because of any application of this Article shall or shall not be compromised, resisted, defended, tried or appealed. Any such decision on the part of SEBA shall not diminish SEBA's defense and indemnification obligations under this Agreement. The County, immediately upon receipt of notice of such claim, proceeding or legal action shall inform SEBA of such action, provide SEBA with all information, documents, and assistance necessary for SEBA defense or settlement of such action and fully cooperate with SEBA in providing all necessary employee witnesses and assistance necessary for said defense. The cost of any such assistance shall be paid by SEBA. SEBA upon its compromise or settlement of such action or matter shall timely pay the parties to such action all sums due under such settlement or compromise. SEBA, upon final order and judgment of a Court of competent jurisdiction awarding damages or costs to any employee, shall pay all sums owing under such order and judgment.
The parties agree that the provisions of this Agreement shall be applied equally to all employees covered hereby without favor or discrimination because of race, color, sex, age, physical or mental handicap, national origin, political or religious opinions or labor organization affiliations. The parties agree to actively support the objectives of the County's Equal Opportunity Program.
On-call duty requires that employees so assigned shall: (1) leave a telephone number where they can be reached or wear a communicating device; and (2) be able to respond to duty within an hour. Assignment of on-call duty and approval of compensation shall be made by the appointing authority based upon the needs of the department. Effective February 12, 2000, on-call duty shall be compensated at the rate of one hundred twenty ($120.00) per week. Said compensation is exclusive of any other compensation and shall not count as hours worked.
The overtime provisions of this Unit shall be as follows: (a) Policy – It
is the policy of the County to discourage overtime except when necessitated
by abnormal or unanticipated workload situations. It is the responsibility
of the appointing authorities to arrange for the accomplishment of
workloads under their jurisdiction within the normal tours of duty
of employees. The County has the right to require overtime to be
worked as necessary. (b) 7(k) Exemption The parties agree that employees in this Unit are covered by the partial overtime exemption set forth at 29 U.S.C. § 207(k) of the Fair Labor Standards Act. Although the County pays overtime compensation to employees in this Unit in excess of what is required by Section 207(k) or any other provision of the Fair Labor Standards Act, the parties agree that the Section 207(k) partial overtime exemption has been adopted and is applicable to FLSA overtime. (c) Definition – Overtime shall be defined as all hours actually worked in excess of a regularly scheduled daily work shift, forty (40) hours per week, or eighty (80) hours during a pay period. In designated work locations where the regular work schedule does not call for the employees to work forty (40) hours per week, although it causes the employees to work an average of forty (40) hours per week during a pay period, overtime shall be defined as all hours actually worked in excess of a regularly scheduled daily work shift or eighty (80) hours per pay period. In designated work locations where the regular work schedule does not call for the employees to work at least eighty (80) hours in each pay period, although it causes them to work an average of at least eighty (80) hours per pay period during two (2) consecutive pay periods, overtime shall be defined as actual hours worked in excess of the regularly scheduled daily work shift, or one hundred sixty (160) hours during two (2) consecutive pay periods. For employees assigned to a twelve (12) hour shift schedule, employees will normally be scheduled to work seven twelve (12) hour shifts in a fourteen (14) day pay period. Overtime for employees assigned to this schedule shall be defined as all hours actually worked in excess of a regularly scheduled daily work shift, or in excess of 84 hours per pay period. All work periods which define overtime based as other than time worked in excess of forty hours are established pursuant to Section 207(k) of the Fair Labor Standards Act, 29 USC 201 et seq. All forms of paid leave time as set forth in the Leave Provisions and Employees and Authorized Employee Representatives Articles, plus leaves of absence pursuant to Section 4850 of the California Labor Code, and time spent in meeting and conferring sessions shall be considered as time actually worked for purposes of computing premium overtime compensation. Time spent while attending employee-initiated training shall not be considered as time worked for purposes of computing overtime compensation. Unless specifically provided herein, “hours worked” for purposes of computing premium overtime shall be consistent with requirements established by the Fair Labor Standards Act and other applicable law. Any time spent by an employee in a regular position who is required to appear in a court of law arising out of the employee's scope of employment during said employee's regularly scheduled off-duty hours shall be treated as time actually worked. Compensation for required time spent in court as described above shall be granted to an employee only when said employee has actually reported to court. Such employee shall receive a minimum of two (2) hours time worked or the actual amount of time, whichever is greater. To qualify for such compensation, the employee must contact the District Attorney's Office no later than 8:30 a.m. on the scheduled day for court appearance to insure that the case is still on the court's calendar. Any time spent traveling to and from court in excess of one (1) hour per occurrence shall be compensated at straight time rates, but shall not be credited as time worked for any other purposes. When an employee in a regular position returns to active duty at the request of the appointing authority after said employee has been released from active duty and has left the work station, the employee shall be regarded as having worked for two (2) hours or for the amount of time actually worked, whichever is greater. Overtime scheduled in advance shall not be included. Further, employees called back to duty while assigned to on-call duty shall only be compensated for actual hours worked. When an employee in a regular position reports for active duty at the request of the appointing authority while on Annual Leave or other discretionary leave time off, the employee shall be paid for hours worked in lieu of scheduled leave time. All overtime shall be reported in increments of full fifteen (15) minutes and is non-accumulative and non-payable when incurred in units of less than fifteen (15) minutes. (d) Premium Overtime Compensation – Any employee in a regular position authorized by the appointing authority or authorized representative to work overtime shall be compensated at premium rates, i.e., one and one-half (1-1/2) times the employee's regular rate of pay. Payment for premium overtime compensation shall be made on the first regular payday following the pay period in which such overtime is worked, unless premium overtime compensation cannot be computed until some later date, in which case, premium overtime compensation will be paid on the next regular payday after such computation can be made. In lieu of cash payment, an employee may elect to accrue compensating time off at premium hours. Cash payment at the employee's base rate of pay (including POST incentive pay) shall automatically be paid for any compensating time in excess of one hundred twenty (120) hours, or any hours on record immediately prior to promotion, demotion or termination of employment. Compensatory time off may be taken with approval of the appointing authority at such time as will not impair the work schedule or efficiency of the department but with consideration given to the well-being of the employee. PAY PERIOD Return to Menu A pay period shall be comprised of a fourteen (14) calendar day corridor. The first pay period under this Agreement shall commence at 12:01 a.m. Saturday, December 14, 2002 and shall end at 12:00 p.m. (midnight) on the second Friday thereafter. Each subsequent fourteen (14) day period shall commence on the succeeding Saturday at 12:01 a.m. and shall end at midnight on the second Friday thereafter. The pay period and work week may be adjusted in accordance with FLSA requirements. The intent of the County and SEBA is to allow for alternative shift scheduling without violating requirements of the FLSA. Under no circumstances shall the right to adjust in accordance with FLSA requirements entitle the County to make such adjustments for the primary purpose of avoiding overtime. The County may reasonably establish, change, or modify standard days, tours of duty, or shifts for individual positions according to the needs of the service within the established period. Except in instances of law enforcement or staffing emergencies, employees shall be notified personally or by mail by a ranking officer of a shift change no later than forty-eight (48) hours prior to the time the shift change is to become effective. Projected work shift schedules will be posted two (2) months in advance, subject to change as a result of personnel shortages or emergencies. Under those conditions where overtime is computed based upon actual hours worked in two (2) consecutive pay periods, as provided in subsection (b) of the Overtime Article, the pay period for such employees shall be comprised of a twenty-eight (28) calendar day corridor, commencing coincidentally with any fourteen (14) day pay period as described above and ending at midnight on the fourth Friday thereafter; provided, however, that the employees working such twenty-eight (28) day pay periods shall be paid on a bi-weekly basis in the same manner as those employees working a fourteen (14) day pay period. It is recognized that during the term of this Agreement it may be necessary for Management to make changes in the number of hours in a standard day, tour of duty, or shift to meet the needs of the service. Where Management finds it necessary to make such changes, it shall notify SEBA indicating the proposed change prior to its implementation. Where such change would significantly affect the working conditions of a significantly large number of employees in the Unit as defined below; and where SEBA requests to meet with Management, the parties shall expeditiously undertake to meet as provided by Section 3500 et seq. of the California Government Code regarding the impact the change would have on the employees in the Unit. The phrase "significantly large number" shall
mean: (a) a majority of the employees in the Unit, (b) all employees
within
a division or substation in the Unit, or (c) all employees
within a readily identifiable category such as Sergeants or Captains. It is agreed that, in the absence of an unfair labor practice ruling, SEBA membership dues and insurance premiums for plans sponsored by SEBA shall be deducted by the County from the pay warrant of each employee covered hereby who files with the County a written authorization requesting that such deduction be made. Remittance of the aggregate amount of all membership dues and insurance premiums deducted from the pay warrants of employees covered hereby shall be made to SEBA within thirty (30) days after the conclusion of the month in which said membership dues and insurance premiums were deducted. The County shall not be liable to SEBA, employees, or any other persons by reason of the requirements of this Article for the remittance of any sum other than that constituting actual deductions made from employee wages earned. SEBA shall hold the County harmless for any and all claims, demands, suits, orders, judgments or other forms of liability that may arise out of or by reason of action taken by the County under this Article. In
situations involving overpayment to an employee by the
County, said
employee shall be obliged to repay the
amount of overpayment within the time frame the overpayment
was received by the employee in accordance with existing
law. Documentation explaining the overpayment and calculations
will be provided to the employee at his/her request. Extensions
to the period for repayment of the overage may be requested
by the employee, subject to the approval of the County’s
Auditor-Controller. Extensions will be approved only in
the case of extreme hardship and the extended period for
repayment will not be longer than one and one-half (1-1/2)
times as long as the overpayment period (subject to statute
limitations). Section 1 The parties agree that the physical, medical, mental fitness and appearance of public safety officers are requirements to perform the duties of the job and instill public confidence in the law enforcement function. They agree that public safety members require special treatment and consideration for the stress, physical demands and appearance expectations of the County and the public. Recognizing these important factors, the parties agree that during the term of this Agreement, the County may require medical, physical ability, appearance and psychological assessments of safety employees, provided the County pays and provides time off without loss of pay for such assessments. Any remedial or treatment action shall be the full responsibility of the employee. Section 2 The County shall provide at County expense prescheduled annual toxicology tests performed by a County-selected physician for all employees assigned to the Arson/Bomb Squad, the Narcotics Division, the IRNET Division, and employees in the Scientific Investigations Bureau who regularly work with and/or are exposed to dangerous substances. Section 3 The County shall provide at County expense an annual Class II, Federal Aviation Administration-certified physical by a County-selected, certified physician for each employee who regularly operates aircraft in the Aviation Division of the Sheriff's Department. Section 4 SEBA agrees
that all unit members assigned to the Sheriff SWAT or District
Attorney SRT are required to maintain an extraordinary level
of physical fitness as demonstrated by passing annual physical
fitness exams. As such, the County recognizes that the supervisor
of said units may authorize up to one (1) hour per shift while
on duty as workout time. If it is ordered in writing by the supervisor
of said unit, said workout time shall be considered work time,
but shall not extend beyond the employee’s scheduled shift. Employees in this Unit, over age 40, may obtain body scan services
provided by the Arrowhead Regional Medical Center once every two
(2) years, provided that the employee pays for said services. The
County agrees to charge employees in this Unit the same fees for
these services as is charged to employees in the Exempt Group. The probationary
period will be automatically extended for each hour during which
the employee is on leave without pay or on military
leave. In situations where the employee is on continuous paid sick
leave or is using annual leave in lieu of paid sick leave for eighty
(80) or more consecutive hours, or on modified duty for occupational
or non-occupational reasons, the probationary period may be extended
at the discretion of the appointing authority. Such extension is
in addition to the fifteen (15) pay period extension allowed by
the Personnel Rules. The parties agree that prior to filing
lawsuits, the parties shall formally meet to attempt resolution
of the matter in question with the intent of reaching a mutually
acceptable solution. It is understood and agreed that this Memorandum of Understanding
is subject to all current and future applicable Federal and State
laws and regulations and the current provisions of the Charter
of the County of San Bernardino. If any part or provision of this
Memorandum of Understanding is in conflict or inconsistent with
such applicable provisions of those Federal, State, or County enactments
or is otherwise held to be invalid or unenforceable by any court
of competent jurisdiction, such part or provisions shall be suspended
and superseded by such applicable law or regulations, and the remainder
of this Memorandum of Understanding shall not be affected thereby.
If any substantive part or provision of this Memorandum of Understanding
is suspended or superseded, the parties agree to reopen negotiations
regarding the suspended or superseded part or provision with the
understanding that total compensation and benefits to employees
under this Memorandum of Understanding shall not be reduced or
increased as a result of this Article. The parties hereto agree
to refrain from initiating any legal action or taking individual
or collective action that would invalidate Articles of this Memorandum
of Understanding. Pursuant to the provisions of the Employee Relations Code of the County of San Bernardino and applicable State law, the San Bernardino County Safety Employees’ Benefit Association (SEBA) has been certified by the County's Employee Relations Panel as the exclusive recognized employee organization for County employees in the Safety Unit and Safety Management and Supervisory Unit (hereinafter the "Unit") previously found to be appropriate by said Employee Relations Panel. The County hereby recognizes SEBA as the exclusive recognized employee organization for the employees in the employee classifications comprising said Unit as listed in the Salary Adjustment Article hereof, as well as employees in such classes as may be added to this Unit hereafter by the County. Employees in this Unit shall retain all rights, benefits and
protection provided in this Memorandum of Understanding and the
Personnel Rules when assigned to court services. An employee who has separated from
County employment, and who is subsequently rehired in the same
classification in a regular position within a one hundred and
eighty (180) calendar day period, shall receive restoration of
salary step, annual/vacation leave accrual rate, sick leave balance
(unless the employee has received payment for unused sick leave
in accordance with the Leave Provisions Article) and the Retirement
Plan contribution rate provided the employee complies with the
County Retirement Board's procedure for redeposit of funds, subject
to the approval and conditions of the appointing authority and
the Administrative Office. The employee shall suffer loss of
seniority and a new benefit date shall be established for purposes
of seniority. In the event either party hereto desires to negotiate a successor Memorandum of Understanding, each party shall serve upon the other during the month of June 2005, its written request to commence negotiations, as well as its initial written proposals for such successor Memorandum of Understanding. Upon receipt of such written proposals, an initial meeting of the parties shall be held during the month of August 2005. Nothing in this Article is intended to preclude either party
from supplementing their proposals either for the first sixty (60)
days of negotiation or prior to the declaration of impasse or from
providing an alternative to a proposal offered by the other party. If the employee
designates the pickup as "employee" contributions,
for each dollar applied, the employee's retirement obligation shall
be satisfied in the amount of one dollar ($1.00) and, upon separation
without retirement, an employee may withdraw this contribution
from the Retirement Association. Upon retirement or separation,
all contributions applied under this Section will be considered
for tax purposes as employer-paid contributions. The County shall make member contributions under this Section on behalf of the employee which shall be in lieu of the employee's contributions, and such contributions shall be treated as employer contributions for purposes of reporting and wage withholding under the Internal Revenue Code and the Revenue and Taxation Code. The amounts picked up under this Section shall be recouped through offsets against the salary of each employee for whom the County picks up member contributions. These offsets are akin to a reduction in salary and shall be made solely for purposes of income tax reporting and withholding. The member contributions picked up by the County under this Section shall be treated as compensation paid to County employees for all other purposes, including calculation of retirement benefits. County paid employer contributions to the County's Retirement System under this Section shall be paid from the same source of funds as used in paying the salaries of the affected employees. No employee shall have the option to receive the Retirement System contribution amounts directly instead of having them paid to the County Retirement System. Upon retirement or separation, all contributions picked up under
this Section will be considered for tax purposes as employer-paid
contributions. Contributions under this Section shall be applied
(as all employer or all employee contributions with the same value
and restrictions) for Retirement System purposes in the same manner
as the contributions under Section 1 of this Article. This Article shall only apply to employees who are members of
the Retirement Association and are eligible for participation under
the Benefit Plan Article. The provisions of this Article shall
be applied each pay period. The parties agree that upon implementation of these resolutions, the eligible employees in this Unit shall be required to pay an additional 2.5% of compensation earnable, each pay period into the Retirement System, above and beyond the employee contribution rates established by the Board of Retirement on an annual basis. Implementation of this Section on October 1, 2003, is contingent upon Court approval of the settlement referenced in the Article, “Settlement of Retirement-Related Claims.”
The County shall provide the following items of safety equipment upon request to each employee in a regular position hired subsequent to June 30, 1979, required to have safety equipment: handgun, magazine pouch with two extra magazines, ASP and ASP holder, chemical agent and holder, uniform holster, uniform belt with keeper straps, handcuffs and handcuff case, ammunition, off-duty holster, helmet and face shield, and protective vest. The type and make of each item of equipment shall be designated by the County. Such equipment shall remain the property of the County of San
Bernardino and will be returned to the County upon the employee's
termination. Employees shall be responsible for loss or damage
to such equipment due to their negligence, excepting normal wear.
Section 1 For purposes of this Agreement, base salary range shall mean the salary range assigned to a specific classification as provided in Section 1 of this Article. Base salary rate shall mean the hourly rate of pay established pursuant to Section 1 herein or the hourly rate of pay established pursuant to the step placement within the base salary range as provided in this Agreement as appropriate. Salary ranges shall be those provided in Appendix A of this Agreement. Section 3 The parties, having jointly reviewed and considered all available
factors, including those referred to in Section 13.029(e) of the
San Bernardino County Code, further agree that the recommended
salary ranges set forth herein are consistent with the requirements
of Section 13.029(e) of the San Bernardino County Code. New employees shall be hired at step 1 of the established base salary range, except as otherwise provided in this Agreement. Variable entrance steps may be established if justified by recruitment needs through step 5 with the approval of the appointing authority and through top step with the approval of the Director of Human Resources or designee. Within the base salary
range, all step advancements will be made at the beginning of
the pay period in which the employee completes
the required number of service hours. However, when an employee
reaches the required number of service hours with eighty (80) hours
of service in each pay period, the step advance will be made at
the beginning of the next pay period. Approval for advancement
shall be based upon completion of required service hours in the
classification, satisfactory work performance and appointing authority
recommendation. An employee whose step advancement is denied shall
not be eligible for reconsideration for step advancement except
as provided in the Article, “Merit Advancements.” The Director of Human Resources or designee may authorize the
adjustment of the salary step or salary rate of an employee to
maintain salary equity within the system, to prevent undue hardship
or unfairness due to the application of any rule or policy, or
to correct any salary inequity. The Director of Human Resources
or designee may authorize the adjustment of the salary step or
salary rate of an employee to correct any payroll error or omission,
including any such action which may have arisen in any prior fiscal
year. The parties agree that settlement of all claims of SEBA on behalf of its current and future members of the Safety Management and Supervisory Unit, as stated in the matter of SEBA et. al. v. San Bernardino County Employees Retirement Board et. al., Judicial Council Coordinated Proceeding N. 4049 (the Retirement Cases) is an integral part of the consideration offered in this MOU. Therefore, the parties agree to expeditiously seek court approval of the settlement of those claims, without any additional consideration other than what is provided in this MOU. The final form of the settlement documents to be submitted to the court is subject to the review and approval of SEBA, the County, counsel for the retirement plan members, and the San Bernardino County Employees Retirement Association (SBCERA). The term of this Memorandum of Understanding shall commence on December 14, 2002, and this Memorandum of Understanding shall expire and otherwise be fully terminated at 12:00 a.m. (midnight) of December 23, 2005.
Where a vacant position exists in the Sheriff's Department for patrol and correctional Deputy Sheriff positions, seniority will be treated as a factor of consideration by the appointing authority, but not the sole, decisive influence. At the discretion of the appointing authority, new employees who have prior law enforcement experience in other jurisdictions (i.e., lateral entry staff) may be placed in any assignment deemed appropriate by the appointing authority.
During each calendar year of this Agreement, there shall be an annual tuition fund of forty thousand dollars ($40,000). The fund shall be used for purposes of reimbursing employees in this Unit for tuition and registration fees incurred in connection with job-related education or career development training, which shall include any courses that are either (a) job-related, (b) in the 100 series or above, or (c) necessary to satisfy a job-related or career development degree requirement. Prior to becoming eligible for reimbursement, the course must have been approved by the appointing authority or designee and the employee must have completed the course with a grade of "C" or better or "pass" when taken on a pass/fail basis. Such expenditures shall be authorized to employees in regular positions budgeted more than forty (40) hours per pay period. Specifically excluded from this provision are parking fees, book costs, travel and lodging charges. Reimbursement will be calculated December 31 of each year of the agreement. Full reimbursement will be applied as long as the fund as described above, is not exceeded, provided that no employee shall be reimbursed more than two thousand dollars ($2,000) per year. If the fund is exceeded, reimbursement will be prorated. The fund will be administered for all employees in the Unit by the Sheriff's Department. In the event that claims against the Safety Unit Tuition Fund exceed the annual allowance and the Safety Management Unit Tuition Fund for that calendar year is not exhausted, excess funds from the Safety Management Tuition Fund shall be made available to pay claims for Safety Unit members, provided that no employee shall be reimbursed more than a combined total of two thousand dollars ($2,000) per year from both Unit’s funds.
The County agrees to provide an annual uniform and clothing allowance in the sum of six hundred dollars ($600) to employees in this Unit in regular positions on payroll in a paid status as of pay period 24 to compensate for costs associated with uniform and clothing purchase, maintenance, cleaning and replacement. Employees on a leave of absence without pay in pay period 24 shall receive the uniform allowance upon return to paid status. Any employee separating from County employment at the conclusion of a leave of absence shall not receive the uniform allowance.
The County will furnish adequate bulletin board space where currently
available. Only areas designated by the appointing authority may
be used for posting of notices. Bulletin boards shall only be used
for the following notices:
(a) Scheduled SEBA meetings, agendas, and minutes. (c) Information regarding SEBA social, recreational, and related news bulletins. (d) Reports of official business of SEBA, including reports of committees or the Board of Directors. Posted notices shall not be obscene, defamatory, or of a political nature, nor shall they pertain to public issues which do not include the County or its relations with County employees. All notices to be posted must be dated and signed by an authorized representative of SEBA, and must have the prior written approval of the appointing authority or authorized representative. County equipment, materials, supplies, or interdepartmental mail systems shall not be used for the preparation, reproduction, or distribution of notices, nor shall such notices be prepared by County employees during their regular work time. In cases where SEBA represents more than one (1) authorized employee representation unit at a work location, the space described above will become the bulletin board space for all employees represented by SEBA at that work location. SEBA campaign posters may be posted on bulletin boards under the following conditions: (a) The maximum size of the poster will be 8-1/2" x 11". (b) The content of the poster will only include the candidate's name, picture, the position being sought and information relating to the candidate's qualifications and position on salient issues. (c) The poster must be approved by the SEBA Executive Committee and the Sheriff's Department before posting.
SEBA may be granted permission to use County facilities for the purpose of meeting with employees to conduct its internal affairs during non-work hours, provided space for such meetings can be made available without interfering with County needs. Permission to use County facilities must be obtained by SEBA from the appropriate appointing authority or designated representative. SEBA shall be held fully responsible for any damages to and the security of any County facilities that are used by SEBA. No County vehicles may be used in connection with any activity of SEBA. The printing of the consolidated Memorandum of Understanding shall be jointly paid for by the County and SEBA, using the County’s Printing Services. The number of copies shall be jointly decided by the two parties.
The County shall provide to all employees and eligible dependents the opportunity to participate in a Vision Care Insurance Plan maintained by the County.
Section 1 Special Circumstances
Pay (a) Employees who, with the approval of their appointing authority, are required to perform bilingual translation before an officially convened court, appeals board, commission, or hearing body, in addition to their regular duties, shall be entitled to a bilingual per diem differential. Such differential shall apply regardless of the total time required per day for such translation. Such differential shall be twelve dollars ($12.00) per day and shall only be paid upon certification by the employee's appointing authority or presiding official that such translation was performed. (b) Employees who perform bilingual translation as part of their regular duties shall be entitled to bilingual compensation. Such compensation shall apply regardless of the total time required per day for such translation. Employees in such positions must be certified as competent in job-related translation skills by the Human Resources Department via examination to be eligible for such compensation. Compensation shall be thirty dollars ($30.00) per pay period. The number
of employees receiving bilingual compensation shall not exceed
twenty percent
(20%) of the Unit’s total number
of employees. The Human Resources Department and the appointing
authority shall jointly make the sole determination of specific
language competencies to be compensated under this Article. The
Human Resources Department will have the sole authority to compose
and administer the examination process and certify the employee’s
competency.
POST pay shal l
be considered as part of the salary/wage range under the County Retirement
System and as part of the regular rate of pay for purposes of computing
overtime compensation and calculating sick leave and annual leave
payoffs upon termination of employment pursuant to Sections 1(g)
and 2(c)(3) of the Article on Leave Provisions.
The employee shall submit a written request for POST pay to the department with an attached copy of the appropriate POST certificate. POST pay shall start the first pay period following receipt by the County of a valid POST certificate. The County shall submit to POST, in an expeditious manner, applications by affected employees for the certificates described above. Section 5 Arson/Bomb Hazard Pay Safety Unit employees who are assigned to the Arson/Bomb Unit shall receive a pay differential of three dollars ($3.00) per hour per pay period above the base rate of pay as provided in the Salary Adjustments Article of this Agreement. Employees not assigned to the Arson/Bomb Unit, but who are trained in and required to perform arson/bomb duties, shall receive $3.00 per hour for any hours spent directly performing arson/bomb duties.
During the term of this agreement, SEBA will not cause or permit its members to take part in any concerted work action for the purpose of changing wages, hours and other terms and conditions of employment provided that by executing this agreement neither SEBA nor any of its members waive their rights, if any, under Section 6300 et seq. of the California Labor Code. The participation of any employee in any such concerted work action against the County shall be grounds for disciplinary action, including termination. Click
here for page 1 of Safety Memorandum of Understanding |
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