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2005-2008
MEMORANDUM OF UNDERSTANDING
BETWEEN THE COUNTY OF SAN BERNARDINO AND
THE SAN BERNARDINO COUNTY SAFETY EMPLOYEES’ BENEFIT ASSOCIATION
CONCERNING THE EMPLOYEES IN THE
SPECIALIZED PEACE OFFICER AND SPECIALIZED PEACE OFFICER � SUPERVISORY UNITS

PREAMBLE

This Memorandum of Understanding by and between all members of the Employee Relations Committee for the Specialized Peace Officer and Specialized Peace Officer � Supervisory Units contains the complete results of negotiations concerning wages, hours and other terms and conditions of employment for employees in the Units. 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 Specialized Peace Officer and Specialized Peace Officer � Supervisory Units including authorized representatives of the County, and the San Bernardino County Safety Employees� Benefit Association (hereinafter referred to as SEBA) hereby agree as follows.

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RECOGNITION

ALL UNITS

Pursuant to the provisions of the Employee Relations Ordinance of the County of San Bernardino and applicable State law, the San Bernardino County Safety Employees� Benefit Association (SEBA) as of August 25, 1999, is the exclusive recognized employee organization for County employees in the Specialized Peace Officer and Specialized Peace Officer - Supervisory Units.

The County hereby recognizes SEBA as the exclusive recognized employee organization for the employees in the employee classifications comprising said Units as listed in the Salary Adjustment Article hereof, as well as employees in such classes as may be added to these Units hereafter by the County.

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ACCESS TO WORK LOCATIONS

ALL UNITS

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, or examine working conditions. SEBA Field Representatives shall be granted access, with reasonable advance notice to the appointing authority or designated management representative, prior to entering a work location and following applicable security protocol. 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. If access is denied or terminated, the appointing authority or designated management representative shall establish a mutually agreeable time and location for access to the employee. The appointing authority shall not unreasonably withhold timely access to work locations.

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, appeal or visit. 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.

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ACCIDENTAL DEATH AND DISMEMBERMENT

ALL UNITS

Section 1

The County agrees to pay the premium for an Accidental Death and Dismemberment Insurance policy for each regular employee in the Deputy Coroner Investigator and Supervising Deputy Coroner Investigator classifications scheduled to work at least forty (40) hours per pay period according to the following schedule:

Section 2 – Voluntary Coverage

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

EMPLOYEE COVERAGE	DEPENDENT COVERAGE
	SPOUSE ONLY	EACH CHILD
$10,000	$ 5,000	$ 3,125
$ 25,000	$ 12,500	$ 6,250
$50,000	$ 25,000	$ 12,000
$100,000	$ 50,000	$ 25,000
$150,000	$ 75,000	$ 25,000
$ 200,000	$ 100,000	$ 25,000
$ 200,000	$ 125,000	$ 25,000

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

Section 3 – Effective Date of Coverage
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.

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ADMINISTRATIVE LEAVE

SPECIALIZED PEACE OFFICER - SUPERVISORY UNIT
Effective pay period 1 of each year, an employee in a regular position in this Unit, except for Supervising Deputy Coroner Investigator II, will be provided with forty (40) hours of Administrative Leave time for the employee�s use. Employees hired after the beginning of pay period 1, shall be credited with Administrative Leave prorated on a monthly basis, based upon the annual rate of forty (40) hours (i.e., 3.33 hours per month, or any portion thereof).

Effective pay period 1 of each year, an employee in a regular Supervising Deputy Coroner Investigator II position, will be provided with eighty (80) hours of Administrative Leave time. Employees hired after the beginning of pay period 1, shall be credited with Administrative Leave prorated on a monthly basis, based upon the annual rate of eighty (80) hours (i.e., 6.67 hours per month, or any portion thereof).

Administrative Leave will be separate from and in addition to any Vacation or Holiday Leave.
Administrative Leave shall be paid at the employee�s base rate of pay, unless otherwise provided in this Agreement, and may be used on the same basis and under the same conditions as Vacation Leave.

Administrative Leave may be cashed out at the employee�s then current base rate of pay in increments of one (1) hour one (1) time during the calendar year to the extent that the hours would have accrued at the rate of 3.33 hours per month (or 6.67 hours per month for Supervising Deputy Coroner Investigator II) minus any hours used up to that time. Any Administrative Leave accrual balances in effect at the end of the final pay period of each year, i.e., pay period 26 or 27, when applicable, will automatically be paid at the employee�s then current base rate of pay. Employees may designate that cash out of Administrative Leave be allocated to the County�s Section 457 Deferred Compensation Plan consistent with the requirements and restrictions of such Plan. Upon termination of employment or appointment to a position in another occupational Unit, unused Administrative Leave will be paid at the current rate of pay only by the amount of hours that would have been accrued at the rate of 3.33 hours per month (or 6.67 hours per month for Supervising Deputy Coroner Investigator II) minus the total number of hours previously used and cashed out.

Employees may only submit amended Time and Labor Reports (TLRs) to charge Administrative Leave for pay periods in which another leave type was charged, if such amended TLRs are submitted within two (2) pay periods of the pay period to be amended; provided, however, that Administrative Leave may not be substituted for Holiday Leave.

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AGENCY SHOP

ALL UNIT
All current employees who are in a job classification within the Specialized Peace Officer and Specialized Peace Officer � Supervisory Units shall, within the first pay period following approval of this Agreement by the Board of Supervisors, become a member of SEBA or pay to SEBA a service fee in an amount established by SEBA; provided, however, that the Unit member may authorize payroll deduction for such a fee. Employees who are hired after this Agreement is approved by the Board of Supervisors, and who are in a job classification within these Units, shall within the first pay period from the date of commencement of duties as an employee, become a member of SEBA or pay to SEBA a service fee in an amount equal to SEBA�s biweekly dues; provided, however, that the Unit member may authorize payroll deduction for such fee.

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 pay the equivalent of SEBA dues 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 the change or deduction. Agency fees shall automatically be deducted from employees who elect not to become members of SEBA.

No Unit member shall be required to join SEBA or to make an agency fee payment 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: United Way; American Cancer Society; or American Heart Association. SEBA shall be responsible for determinations under this paragraph. Proof of payments shall be made on a monthly basis to the public agency as a condition of continued exemption from the requirement of financial support to the public employee organization.

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.

The County shall not deduct 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(d). 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:

(a) (a) 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 not be compromised, resisted, defended, tried or appealed. Any such decision on the part of SEBA shall not diminish SEBA�s defense and/or indemnification obligations under this Agreement.

(b) (b) 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.

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ANNUAL LEAVE

SPECIALIZED PEACE OFFICER - SUPERVISORY UNIT
Effective pay period 1 of each year, an employee in a regular position in this Unit, except for Supervising Coroner Investigator II, shall be credited with forty (40) hours of Annual Leave for the employee�s use. Employees appointed to a position in this Unit after the beginning of pay period 1, shall be credited with Annual Leave prorated on a monthly basis, based upon the annual rate of forty (40) hours (i.e., 3.33 hours per month, or any portion thereof).

Annual Leave will be separate from and in addition to any Vacation or Holiday Leave. Annual Leave shall be paid at the employee�s base rate of pay, unless otherwise provided in this Agreement, and may be used on the same basis and under the same conditions as Vacation Leave.

If any Annual Leave remains at the end of the final pay period of each year, i.e., pay period 26 or 27, when applicable, it shall not be cumulative into the next calendar year nor shall there be any conversion to cash.

Employees who are appointed to a position in an occupational Unit that does not contain an Annual Leave provision and who have been denied in writing the opportunity to use the leave due to work urgency shall receive in cash payment the prorated amount of Annual Leave from the start of pay period 1 to the date of Unit change (i.e., 3.33 hours per month) minus any Annual Leave hours used up until that time. Where an employee has elected to use Vacation Leave in lieu of Annual Leave, the prorated Annual Leave shall be reduced by the number of vacation hours utilized. In those instances where an employee returns to the Unit prior to the end of the calendar year, the Annual Leave for the remainder of the calendar year shall be credited on a pro rata share (i.e., 3.33 hours per month). This provision applies only to these specific circumstances and expressly excludes its application to any other set of circumstances.

Employees may only submit amended Time and Labor Reports to charge Annual Leave for pay periods in which another leave type was charged, if such amended TLRs are submitted within two (2) pay periods of the pay period to be amended; provided, however, that Annual Leave may not be substituted for Holiday Leave.

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AUTHORIZED EMPLOYEE REPRESENTATIVES

ALL UNITS

Section 1 – Authorized Employee Representatives

SEBA may designate employees as authorized employee representatives or alternates to represent employees in the processing of grievances or during disciplinary proceedings subject to the following rules and procedures:

(a) SEBA may designate at least one (1) authorized employee representative in each major geographic location for which the Probation Department, Coroner Division and HSS Fraud Investigations maintain a work force. SEBA shall be entitled to one (1) alternate for each authorized employee representative; provided, that the alternate shall be located at the same major geographic location as their appropriate representative.

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

(c) SEBA shall file with the affected Department Head, Department Human Resources Officer, and the Employee Relations Division Chief, a written list of all employees designated as authorized employee representatives and alternates, such list to be kept current by SEBA by filing a notification of change of authorized employee representatives.

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

(e) Time off with pay shall not be authorized for the purpose of conducting general SEBA business, except as specifically provided in the following Section (f).

(f) The County will provide a leave bank to enable Association Directors to attend the annual SEBA conference and other related training for a total maximum of 192 hours for all Association Directors covered by this agreement, per calendar year on County time with prior approval from the appointing authority. It is expressly understood that the County shall not be obligated or responsible for any of the expenses or costs of member attendance at such training or conferences. The release time for leave taken under this section shall not be counted as hours worked for purposes of calculating overtime.

Employees in these Units who are elected to serve on the SEBA Board of Directors will be permitted to attend SEBA monthly Board meetings on County time; provided, however, that no such employee shall be released for more than two (2) hours per meeting, plus reasonable travel time between the assigned work location and the meeting location (no more than two additional hours). It is recognized that occasionally the SEBA President may call a special (unscheduled) Board meeting. Up to two (2) hours release time, plus reasonable commute time from the assigned work location to the meeting location, shall be provided for Board members to attend three (3) such special meetings per calendar year.

Monthly, SEBA shall notify the County of the Board members who attend the previous Board meeting(s).

(g) County telephones may not be used in implementing the provisions of this Article if such use would unduly interfere with the efficiency, safety, or security of County operations. Authorized employee representatives shall be permitted incidental use of County equipment for SEBA representation purposes.

Section 2 – Handling of Grievances and Disciplinary Proceedings

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

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

Employees must use the authorized SEBA representative(s) or SEBA Field Representative 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 discipline proceeding, such employee shall not be compensated by the County. Additionally, any authorized employee representative shall not be compensated for attendance at any grievance or disciplinary proceeding at which an SEBA Field Representative is in attendance and/or representing the employee.

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BENEFIT PLAN

ALL UNITS

Section 1 – Benefit Plan Contributions

(a) Employees in a regular position scheduled for a minimum of forty (40) hours per pay period are eligible to receive the benefits of this Section in the amounts described in (b) below. Employees must be paid for at least one-half plus one hour of their scheduled hours in order to receive the benefits of this Section. For instance, an employee scheduled to work eighty (80) hours per pay period must be paid at least forty-one (41) hours to be eligible for the benefits of this Section.

(b) Except as provided in Section 3, Health and Dental Plan Coverage, the biweekly amount of the County provided Benefit Plan for employees who participate in County-sponsored health plan coverage or �waive� coverage to a spouse working for the County will be as follows:

Effective Date	Scheduled for 40 to 60 Hours	Scheduled for 61 to 80 Hours
October 15, 2005*	$ 85.00	$ 170.00
July 8, 2006	$ 75.00	$ 150.00
July 7, 2007	$ 62.00	$ 125.00

*Effective the first pay period following Board of Supervisors� approval.

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

(d) Employees who are on an approved medical leave of absence and whose paid hours in a pay period are less than the required number of hours designated in (a) will continue to receive the benefits of this Section for up to six (6) pay periods per episode of illness or injury. Employees who are on an approved Workers� Compensation claim shall receive the benefits of this Section for up to twenty (20) pay periods while off work due to that work injury. Employees who are integrating paid leave time with Short-Term Disability (STD) insurance provided by the County shall receive the benefits of this Section under the following circumstances: upon election of full integration of disability payments and paid leave time, employees who are paid less than one-half plus one of their scheduled hours but have available leave balances of one-half plus one of their scheduled hours or more shall receive the benefits of this Article. Employees who are on an approved leave of absence without pay under the Family Medical Leave Act of 1993 will continue to receive the Benefit Plan dollars for up to six (6) pay periods. Employees who are on a leave of absence without pay shall not be eligible to receive the monetary benefits of this Section unless on a medical leave or a Family Medical Leave Act eligible leave.

Employees hired into the bargaining Unit after Board of Supervisors� approval of this Memorandum of Understanding (MOU) shall not be eligible to receive Benefit Plan contributions. Night Custody Officers who are reclassified to positions in the Probation Corrections Officer series shall be considered newly hired employees for purposes of this provision.

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) (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 (40) hours in a pay period or be on an approved leave pursuant to the Family Medical Leave Act.

(d) Election of pre-tax salary reductions and after-tax payroll deductions shall be made within thirty (30) days of the initial eligibility period in a manner and on such forms designated by the Human Resources Employee Benefits and Services Division Chief. Failure to timely submit appropriate paperwork will result in after-tax payroll 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, you or your spouse�s or domestic partner�s reduction in work hours, loss of spouse�s or domestic partner�s employment, gain or loss of spouse�s or domestic partner�s insurance, relocation outside an HMO network service area, entitlement to Medicare for you or your dependent, significant increase in County insurance cost during the Plan year, loss or gain of Medicare or Medicaid coverage and spouse�s, domestic partner�s or dependent�s open enrollment. The employee must submit request for a change due to a mid-year qualifying event within thirty (30) days of the qualifying event. The Human Resources Employee Benefits and Services Division Chief, or designee, will authorize changes as long as the change is made on account of and consistent with an employee�s change in status.

Section 3 – Health and Dental Plan Coverage

(a) All eligible employees scheduled to work forty (40) hours or more per pay period in a regular position must enroll in a health and dental plan offered by the County. Employees who fail to elect health plan coverage will be automatically enrolled in the health and dental plan with the lowest biweekly 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 scheduled for a minimum of forty (40) hours and have received pay for at least one half plus one hour of scheduled hours or be on approved leave pursuant to the Family Medical Leave Act. Employees on an approved Workers� Compensation claim shall receive Benefit Plan contributions for up to twenty (20) pay periods while off work due to that injury. However, after the 6th pay period off work, the employee is no longer eligible for health and dental plan coverage. The employee will have the option of enrolling in COBRA continuation coverage.

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

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

(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, gain of coverage on spouse�s or domestic partner�s employer provided insurance, or termination of domestic partnership.

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

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

(1) Employees who previously elected to opt-out of County-sponsored health plan coverage and continue to opt-out during the term of this MOU will receive the following biweekly Benefit Plan as follows:

(i) Unit employees scheduled 61 to 80 hours per pay period who opt-out shall receive eighty-five dollars ($85.00) per pay period; employees scheduled for 40 to 60 hours who opt-out shall receive forty-two dollars and fifty cents ($42.50) per pay period.

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

(2) New �opt-outs� (i.e., newly hired or current employees who opt-out effective beginning with the fiscal year in 2005 and any time thereafter) scheduled for 61 to 80 hours per pay period will receive twenty-five dollars ($25.00) per pay period; new opt-outs scheduled for 40 to 60 hours shall receive twelve dollars and fifty cents ($12.50) per pay period.

(3) Employees hired into a bargaining Unit position after Board of Supervisors� approval of this Memorandum of Understanding (MOU), including Night Custody Officers who are reclassified into positions in the Probation Corrections Officer series, shall not be eligible to receive the Benefit Plan contributions provided for in this Article. Instead, such employees shall receive a Medical Premium Subsidy (MPS). In no event shall the MPS exceed 100% of the premium cost.

These MPS amounts for employees newly hired into bargaining Unit positions are as follows:

	Scheduled for 40 to 60 Hours	Scheduled for 61 to 80 Hours
Employee Only	$ 52.60	$ 105.22
Employee + 1	$ 112.45	$ 224.89
Employee + 2	$ 154.06	$ 308.18

Effective July 8, 2006, the MPS amount for employees hired into this bargaining Unit after Board of Supervisors� approval of this MOU shall be as follows:

	Scheduled for 40 to 60 Hours	Scheduled for 61 to 80 Hours
Employee Only	$ 62.61	$ 125.21
Employee + 1	$ 133.81	$ 267.61
Employee + 2	$ 183.37	$ 366.73

(4) An employee who elects to opt-out of 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 or domestic partner 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 thirty (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�s 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.

(l) 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 high option 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.

Section 4 � Medical Subsidies

(a) Employees Hired into Bargaining Unit Prior to Board Approval of MOU. The County will establish a Medical Premium Subsidy (MPS) in an amount that, when combined with the Benefit Plan contributions, would offset the pre-determined percentage of the cost of health plan premiums charged to eligible employees. The MPS shall be applied to health insurance premiums only and shall not be applicable to dental plan premiums. The MPS amount payable to each eligible employee shall be based upon the lowest cost high option HMO plan (currently Health Net or a plan equivalent to Health Net) for the number of persons the employee enrolls in the County-sponsored health plan (i.e., �employee only�; �employee + 1�; �employee + 2�). No MPS shall be paid where the Benefit Plan contribution exceeds the amount of the total premium to be paid by the County. 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. In no case, shall the MPS, when combined with the Benefit Plan contributions, exceed the total cost of the health insurance premium for the coverage selected.

(1) Effective October 15, 2005, the County will establish a MPS in the following amounts:

(2) Effective July 8, 2006, the County will establish a MPS in the following amounts:

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BILINGUAL COMPENSATION

ALL UNITS

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.

Employees in positions designated by the appointing authority which require employees as a condition of employment to perform bilingual translation involving the use of English and a second language as a part of their regular duties, shall be entitled to bilingual compensation. Such compensation shall apply regardless of the total time required per day for such translation. The Human Resources Department and the appointing authority shall jointly make the sole determination of specific language competencies to be compensated under this Article. Employees in such positions must be certified as competent in translation skills by Human Resources to be eligible for compensation. There are three (3) levels of competency certification solely determined and administered by Human Resources. Level 1 � verbal skill level: use of English and a second language in verbal contexts which may require interpretation of simple document in the second language; Level 2 � written skill level: reading, writing and speaking English and a second language; and Level 3 � technical skill level: reading, writing and speaking English and a second language using medical or legal terminology. Compensation per pay period shall be as follows: verbal skill level at forty dollars ($40.00) per pay period, written skill level at forty-five dollars ($45.00) per pay period, and technical skill level at fifty dollars ($50.00) per pay period.

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CLASSIFICATION

ALL UNITS

Classification review is a management tool to ensure the accurate reflection of tasks and duties involved in each County position for the purpose of recruitment, compensation, and organizational structuring. The County shall notify SEBA in writing of all classification and salary changes to classifications allocated to this Unit within two (2) working days after such changes have been approved by the Board of Supervisors. Whenever positions are subject to any change as a result of a classification review, such change will be determined by the County, and are subject to appeal. New and revised classification specifications shall be furnished to SEBA in a timely manner.

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COUNTY IDENTIFICATION CARDS

ALL UNITS

The County will provide identification cards to all employees in regular positions. Such cards will include the employee�s name, employee number, department and may list any physical limitations or medical restrictions related to job performance. Employees shall carry such cards at all times while engaged in County business and in connection with such business shall produce cards for inspection to any County official. Employees shall surrender such cards upon termination from County employment.

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COUNTY MANAGEMENT RIGHTS

ALL UNITS

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 and organizational structure of each of its agencies, departments, institutions, boards, and commissions.

(b) The right of full and exclusive control of the management of the 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; to reorganize operations, modify or discontinue programs and services; or, to contract for work to be done; provided, however, that the parties shall meet and discuss the impacts of any contract proposed to be awarded which would contract for services currently being provided by Unit employees.

(e) The right to prescribe qualifications for employment and determine whether they are met; to hire, set and enforce performance standards, and promote employees; to establish, revise and enforce work rules; to schedule work time and time off; to require overtime and determine the necessity for overtime; to transfer, reassign, and lay off employees; to suspend, reduce in step, demote, discharge or otherwise discipline employees for cause; and to otherwise maintain orderly, effective, and efficient operations.

This Article neither establishes nor grants any rights or benefits to the Association or employees covered by this Agreement and the County shall be free to exercise its rights under this provision without challenge from the Association or employees except where it can be demonstrated that such exercise is contrary to a specific limitation placed upon the County in another Article of this Agreement.

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DEFINITIONS

ALL UNITS

Listed below are definitions of terms commonly used in this Memorandum of Understanding.

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, disability payments (excluding 4850 time), Medical Emergency Leave 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.

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DEMOTIONS

ALL UNITS

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.

A promoted employee who returns to his/her 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.

A probationary employee who voluntarily demotes to a different classification from which the employee was promoted shall be retained at the same salary rate, provided that the salary rate does not exceed the top step of the lower classification. If the salary rate is higher than the top step of the lower classification, the employee shall be placed at the top step of the base salary range of the lower classification.

An employee with regular status who voluntarily demotes to a lower classification shall be retained at the same salary rate, provided that the salary rate does not exceed the top step of the lower classification. If the salary rate is higher than the top step of the lower classification, the employee shall be placed at the top step of the base salary range of the lower classification.

An employee who demotes to a trainee classification for which the journey level position is higher than the classification he/she demoted from, shall retain the same salary rate. Such an employee will be placed on the �X� step if necessary, and the employee shall receive no future salary rate increases until the salary rate of the position held exceeds the �X� step.

An employee whose position is downgraded as a result of a classification study, may be placed on the �X� step in accordance with the provisions of the Article on �Downgrading� with the approval of the appointing authority and the Director of Human Resources.

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.

If the employee held prior regular status in the demoted to classification, the employee shall resume said status. If the employee did not have prior regular status in the classification, the employee shall be required to serve a probationary period, unless waived by the Director of Human Resources.

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DEPENDENT CARE ASSISTANCE PLAN

ALL UNITS

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

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

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

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

(c) Enrollment is required every Plan year.

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

(e) Pursuant to IRC Section 125, any amounts remaining in the employee�s account at the end of a Plan Year must be forfeited.

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DIFFERENTIALS

ALL UNITS

Section 1 – Shift Differentials

(a) It is the purpose of this provision to compensate employees, who are required to actually work evening or night shift tours of duty, over and above the established base rates of pay.

(b) Eligible Personnel � Employees assigned to a continuous or regularly recurring evening or night shift tour of duty shall be eligible for shift differential compensation. Further, employees who provide relief work for other employees assigned to continuous or regularly recurring evening or night shift tours of duty may receive shift differential compensation with prior approval of the appointing authority.

(c) Special Provisions

(1) Shift differential compensation shall not be included in the base rate of pay when computing overtime, or call-back pay. Such differential will be included in computing overtime for employees who are not exempt under the Fair Labor Standards Act. Employees who are assigned to a continuous evening or night shift tour of duty shall receive such differential in addition to base pay when computing paid leave compensation.

(2) Overtime worked is in addition to a scheduled tour of duty and is compensated separately in accordance with the overtime provisions of this Agreement.

(d) Compensation

(1) Employees whose assigned tour of duty, with or without intervening meal time, includes at least four (4) hours between 6:00 p.m. and 12:00 a.m. (midnight), shall receive shift differential of one dollar ($1.00) per hour over and above their base hourly rate.

(2) Employees whose assigned tour of duty, with or without intervening meal time, includes at least four (4) hours between 12:00 a.m. (midnight) and 8:00 a.m. of the following day, shall receive shift differential of one dollar and thirty cents ($1.30) per hour over and above their base hourly rate.

Section 2 – Coroner Recovery Team

The County Coroner Division may assign employees in the classifications of Deputy Coroner Investigator and Supervising Deputy Coroner Investigator to the Coroner Recovery Team Operation. Members of the Coroner Recovery Team Operation are provided additional training and are subject to extraordinary conditions for recovery of bodies in the field due to the limited accessibility of victims and the hazards involved in the recovery efforts caused by extremely difficult terrain or weather conditions, chemical exposure, and/or the magnitude and/or severity of incidents involving numerous fatalities. When the appointing authority authorizes deployment of the Recovery Team, the employees so deployed shall be entitled to two dollars ($2.00) per hour differential for hours actually worked in the field conducting the specified recovery activities.

Section 3 � Camp Heart Bar Assignment Differential

Effective at the beginning of the first pay period following approval of this Agreement, employees who are regularly assigned on a full-time basis to Camp Heart Bar shall receive a pay differential of five percent (5%) above the base rate of pay as provided in the Salary Adjustments Article of this Agreement. Leave types (e.g., sick leave, vacation, holidays, etc.) with the exception of Labor Code 4850 leave, shall not be considered hours worked for the purpose of this section.

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DISASTER SERVICE WORKERS

ALL UNITS

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

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DISPUTE RESOLUTION PROCEDURE

ALL UNITS

Section 1 – Purpose

The County and SEBA fully realize the importance of a viable Dispute Resolution Procedure to aid in the resolution of disputes among employees, supervisors, and management. It is recognized that conditions may arise which can create employee dissatisfaction, and that to maintain high employee morale and harmonious relations, an orderly method of processing disputes is necessary. This procedure is intended to establish a systematic means for obtaining answers and decisions regarding employee complaints. This procedure is not intended to be used to effect changes in the terms of this MOU or those matters not covered by this MOU. The Board of Supervisors and SEBA have pledged that their representatives at all levels will extend active, aggressive and continuing efforts to secure prompt disposition of grievances. The initiation of a grievance in good faith by an employee shall not cause any adverse reflection on the employee�s standing with immediate supervisors or loyalty as a County employee.

Section 2 – Definitions

There are three (3) types of dispute procedures in this Article: grievances; unfair labor practices and Unit modification/Unit determination disputes; and disciplinary appeals.

(a) A grievance is a disagreement between County management and an employee or groups of employees concerning the application or alleged violation of a specific Article(s) of this Memorandum of Understanding. Formal grievances must be filed by SEBA on behalf of any employee or group of employees. Group grievances are defined as, and limited to, those grievances that allege more than one (1) employee suffered harm under similar facts and circumstances within the grievance filing period. A group grievance does not need to identify, by name, the specific individuals alleged to have suffered harm provided the affected employees (i.e., grievants) are readily ascertainable (e.g., all Probation Corrections Officers assigned to Camp Heart Bar, all Probation Corrections Officers assigned to the night shift, all Probation Officers that carry duty weapons). However, where only some employees in a larger group of employees are alleged to have suffered harm or where backpay or monetary relief is sought, SEBA shall be required to name the grievants so as to enable the County to determine and evaluate the scope and potential liability and also attempt settlement.

(b) Unfair labor practices and Unit modification/Unit determination disputes are defined by County Ordinance 3707 (the Employee Relations Ordinance).

(c) A disciplinary appeal is an appeal of discipline as defined by Personnel Rule X.

Section 3 – Exclusions

Any dispute which may arise between the parties involving application, meaning, or interpretation of the Personnel Rules is excluded from this Article and shall be settled by the Civil Service Commission in accordance with the appropriate appeal procedure established by the Personnel Rules except as modified by the parties in this Agreement via Section 7 of this Article.

All matters are excluded from this procedure which deal with the Non-Discrimination Article; County Management Rights Article; the project compensation provisions of the Temporary Performance of Higher Level Duties Article; the Referral Bonus Program Article; federal or state statutes, rules or regulations; or are preempted by County Charter.

The appeal processes which include the Classification Appeal Process, the Civil Service Commission, and the Memorandum of Understanding grievance adjudicatory process are mutually exclusive remedy bodies/processes. Accordingly, there shall be no double or multiple requests or appeals for a same case/same set of circumstances where one (1) adjudicatory body has rendered a decision on the same or is considering the matter. Decision is to be interpreted as excluding a situation where an adjudicatory body has determined it has no jurisdiction to hear the matter.

Except as otherwise provided by this MOU or state or federal statute, or where law or policy provide a more appropriate and speedy remedy, the Grievance Procedure shall be the sole and exclusive procedure for seeking recourse for any grievance, as defined in Section 2 of this Article.

Section 4 – 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, subject to the approval of the Board of Supervisors as outlined below, within the County structure to adjudicate all grievances, as defined or otherwise provided herein. The arbitrator holds no jurisdiction over a grievance where the remedy has been granted.

(b) Representation

Aggrieved employee(s) must be represented by a SEBA Field Representative. This representation may commence at any step in the Grievance Procedure. A representative of Human Resources may be in attendance at any step in the Grievance Procedure. The 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 shall be consolidated whenever possible.

(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, SEBA is dissatisfied with the decision rendered, it shall be SEBA�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. For purposes of this Grievance Procedure, notification to a party may be given either personally, by U.S. mail, telephonically, or via E-mail.

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

When notice is mailed to an employee, it shall be sent to the employee�s current address of record. For the purpose of this procedure, notice by mail shall be deemed to have been completed on the fifth (5th) 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 steps necessary to resolve an employee�s grievance. The attempt to settle the grievances filed on behalf of an individual employee(s) at the employee-supervisor level is required. The grievance must be submitted within fifteen (15) working days after the employee is aware of the conditions precipitating the grievance.

Step 1 (Informal) � Immediate Supervisor.Initially, the employee (or SEBA) having a grievance shall on a personal face-to-face basis discuss the complaint with the immediate supervisor. At this step, it is the responsibility of the employee (or SEBA) to inform the supervisor that he/she is initiating the grievance process. Within three (3) working days the immediate supervisor shall give the decision to the employee (or SEBA) orally.

Step 2 (Formal) � Employee Relations Division. If a mutually acceptable solution has not been reached in Step 1, SEBA shall submit the grievance in writing on appropriate forms supplied by the Employee Relations Division which shall provide a detailed statement of the grievance, including dates, names, 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 ten (10) working days of oral notification of the immediate supervisor�s decision. The Employee Relations Division shall make a determination of whether the grievance is a matter for which the Grievance Procedure is appropriate after consultation with SEBA. In making such determination, the Employee Relations Division shall determine if: (1) the grievance has been filed in a timely manner; (2) the initial step has been followed; (3) the grievance alleges that a specific Memorandum of Understanding Article(s) has been misinterpreted, misapplied, or violated; and (4) the matter complained of in the grievance is covered by a specific provision of the MOU. The determination and notification to the grievant and/or SEBA will be made within five (5) working days of receipt of the grievance.

If objection is made to the procedural and/or substantive grievability of a grievance at any step of the Grievance Procedure, it is expressly agreed that such defenses are preserved in any arbitration hearing and that no waiver will result from the subsequent processing and discussion of the grievance on the merits.

Step 3 – Division Level. SEBA, on behalf of the grievant(s), shall submit the written grievance to the division level within five (5) working days of notification of the Employee Relations Division�s determination. The Division/Section Head shall meet with the grievant and/or SEBA Field Representative and thoroughly discuss the grievance. The Division/Section Head shall submit a written response to the grievant and/or SEBA Field Representative within ten (10) working days of receipt of the formal grievance from the employee.

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

Following a review of the grievance with the appointing authority, the Director of Human Resources or that individual�s designee shall have full and final authority on behalf of the County to mutually resolve the grievance with SEBA within ten (10) working days of receipt of the written grievance of the employee. Such notification shall be rendered in writing to the grievant and/or SEBA and the appointing authority.

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

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

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

Step 6 – Arbitration. The Employee Relations Division and SEBA shall select an arbitrator by mutual agreement as soon as possible but in no event later than ten (10) working days after receipt of written notice by SEBA of its appeal to arbitration or receipt of a list from the State Mediation and Conciliation Service, as applicable. Where mutual agreement cannot be reached, the parties shall request a list of arbitrators from the State Mediation and Conciliation Service, and mutually select an arbitrator from said list. Where mutual agreement cannot be made, the arbitrator shall be determined following a striking process. The determination as to which party strikes first shall be based on a coin flip. If the last remaining person on the list is not available, the previously stricken person(s) shall be contacted in reverse order until one is available. The parties shall contact the arbitrator to establish a hearing date acceptable to both parties.

(a) In reaching a decision and award, the arbitrator shall limit himself to the allegations contained in the grievance presented in relation to the express provisions of the 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.

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

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

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

(e) The decision by the arbitrator shall be final and binding on all parties unless there is a financial impact of greater than two thousand five hundred dollars ($2,500), in which case it shall be subject to approval of the Board of Supervisors.

(f) For grievance decisions with financial impact of greater than two thousand five hundred dollars ($2,500), the Employee Relations Division will submit the grievance decision at the next practicable meeting of the Board of Supervisors. If the Board of Supervisors fails to act within thirty (30) days following receipt of formal notice of the decision of the arbitrator, it shall become final and binding. A copy of the decision shall be filed with the Employee Relations Division of Human Resources, SEBA and the grievant.

Section 5 – Unfair Labor Practices/Unit Changes

Unfair labor practice charges as well as disputes arising out of the Unit modification/Unit determination processes provided in the County�s Employee Relations Ordinance shall be adjudicated by the California Public Employment Relations Board.

Section 6 – Disciplinary Hearings

Disciplinary appeals are governed by the Personnel Rules, except where the provisions in the MOU differ from those in the Personnel Rules in which case the provisions of the MOU take precedence. Except as otherwise provided in this Article, disciplinary appeals shall be heard by a hearing officer appointed by the Civil Service Commission (CSC) selected from a list established annually by the CSC, pursuant to the Personnel Rules and CSC policies. Upon mutual agreement of the parties, appeals may be heard by the Civil Service Commission.

A hearing officer may be selected from the list by mutual agreement of the Human Resources Department and SEBA. 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. If no hearing officer is available to conduct a hearing within a reasonable time the parties may utilize the services of a hearing officer not on the CSC�s list. Such alternate hearing officer may be selected by mutual agreement or from a list provided by the State Mediation and Conciliation Services, either by mutual agreement or following a striking process as provided above.

The cost of the hearing officer�s services, and court reporter if applicable, shall be split equally between the County Department of the appellant and 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.

Prehearing conferences are to be mandatory. At least fourteen (14) calendar days prior to the first date of hearing, both parties are required to meet in such conference, which shall be conducted in coordination with CSC staff, 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 hearing process, with the exception of rebuttal evidence and witnesses.

The hearing officer�s findings and recommendations shall be made in writing and transmitted to the Civil Service Commission within thirty (30) calendar days after the conclusion of the hearing. Except as provided herein, the hearing officer's findings and recommendation 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 thirty (30) days of receipt by the Commission. The only basis the Civil Service Commission can use to reject the hearing officer�s decision in its entirety, is for one (1) or more of the following reasons:

(a) The recommendation was procured by corruption, fraud, or other undue means; (b) There was corruption in the hearing officer;

(c) The rights of a party were substantially prejudiced by the misconduct of the neutral hearing officer;

(d) The hearing officer exceeded his/her powers on the matter submitted; or

(e) The rights of a party were substantially prejudiced by the refusal of the hearing officer to postpone the hearing upon sufficient cause being shown therefore, or by the refusal of the hearing officer to properly include or exclude evidence material to the controversy.

Should such be the case, the Commission must state in writing specific reason(s) for the decision (a, b, c, d or e) and subsequently conduct and complete a full and fair evidentiary hearing on the disciplinary appeal within thirty (30) days of rejecting the hearing officer�s findings and recommendations unless the hearing cannot for good cause be completed 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.

Section 7 – Mediation

The parties (Director of Human Resources or designee and SEBA) may by mutual agreement utilize mediation for grievances filed under the provisions of this Agreement. The mediator has no authority to compel resolution of the matter mediated.

No reference to a matter mediated may be utilized in a subsequent arbitration or hearing unless stated in writing at a step prior to the mediation. The penalty for disclosure shall be forfeiture of the hearing or appeal by the party violating the same. Where possible, the parties shall utilize the mediation services provided by the State or Federal Mediation and Conciliation Service. In the event that the mediation process would result in fees for service rendered by the State or by use of a private hearing officer, such costs shall be equally divided between the employee�s department and SEBA.

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DOWNGRADINGS

ALL UNITS

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.

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DUAL APPOINTMENTS

ALL UNITS

The appointment of two (2) full-time employees to the same budgeted regular position may be authorized by the Director of Human Resources to facilitate training, to make assignments to a position which is vacant due to extended authorized leave of absence, or in an emergency. The most recently hired dual appointee shall enjoy all of the benefits of regular employees except regular status. The most recently appointed employee shall be notified in writing by the appointing authority and such notification will clearly define the benefits to which that employee is entitled. Upon return of the initial appointee or completion of the training period or emergency, the most recently appointed dual appointee may be appointed to a vacant position in the same classification in the department/group, however, he/she shall be required to serve a probationary period unless waived by the Director of Human Resources. If the most recently appointed dual appointee held prior regular status in a lower classification immediately preceding the dual appointment, he/she shall have the right to return to the former classification and department. If he/she has not held prior regular status in a lower level classification, he/she shall be terminated.

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DUTY APPAREL

ALL UNITS

Section 1 – General
The County agrees to provide employees in regular positions in the classifications of Probation Officer I, II and III, and Supervising Probation Officer with duty shirts and jackets, as indicated below. The appointing authority shall determine the nature, style and quality of duty apparel to be provided under this Article. It shall be the responsibility of the employee to maintain their issued duty apparel in a clean, neat and professional manner. All duty apparel shall remain the property of the County and must be returned upon promotion or demotion from the Probation Officer series or separation from the County.

Section 2 – Distribution and Replacement

(a) Shirts

(1) Upon initial hire into the Probation Officer series, each employee shall be provided with four (4) duty shirts.

(2) Upon adoption of this Agreement, any employee who has not yet been issued his/her fourth shirt will be provided a fourth shirt upon request.

(3) Shirts showing extreme wear may be exchanged for new shirts upon request of the employee; provided, that no employee shall receive more than four (4) new shirts per calendar year unless extraordinary circumstances, as determined by the appointing authority, necessitate issuance of additional shirt(s).

(b) Jackets

(1) Beginning in September 2002, each employee in the Probation Officer series shall be provided with a duty jacket.

(2) Jackets showing extreme wear may be exchanged for a new jacket upon request of the employee; provided, that no employee may receive a new jacket in less than 24 months unless extraordinary circumstances, as determined by the appointing authority, necessitate issuance of a replacement jacket in less than 24 months.

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ELECTRONIC FUND TRANSFER

ALL UNITS

All employees must make and maintain arrangements for the direct deposit of paychecks into the financial institution of their choice via electronic fund transfer.

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EMPLOYEE RIGHTS

SPECIALIZED PEACE OFFICER UNIT

The following are employee rights:

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

(b) The right of employees to refuse to join or participate in the activities of employee organizations and the right to represent themselves individually in their employment relations with the County except as provided in the �Agency Shop� Article and in (e) below.

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

(d) Except as otherwise provided in this Agreement, the right of SEBA, upon its request and prior to implementation, to discuss with County Management any significant change in terms or conditions of employment which results in a significant impact on employees, except in emergencies.

(e) The San Bernardino County Safety Employees� Benefit Association (SEBA) shall be the sole, exclusive and fair representative of all County employees represented by the Association in this Agreement and in all adjudicatory proceedings between the County and represented employees. SEBA shall have the sole responsibility as to which matters are adjudicated on behalf of those represented employees and the cost of the same for employees not members of the Association. The only exceptions to the sole, exclusive and fair representation by SEBA are those instances of disciplinary action and its proceedings which are governed by Rule X of the Personnel Rules where such representation was not requested by the employee(s) and where the employee may represent himself or herself as well as utilize external representation.

The County shall defend, indemnify and hold harmless SEBA and its officers and employees from any claim, loss, liability, cause of action or administrative proceeding arising out of the operation of Section (e) of this Article. Upon commencement of such legal action, administrative proceeding, or claim, the County shall have the right to decide and determine whether any claim, administrative proceeding, liability, suit or judgment made or brought against SEBA or its officers and employees because of any application of this Article shall not be compromised, resisted, defended, tried or appealed. Any such decision on the part of the County shall not diminish the County�s defense and/or indemnification obligations under this Agreement.

SEBA, immediately upon receipt of notice of such claim, proceeding or legal action shall inform the County of such action, provide the County with all information, documents, and assistance necessary for the County defense or settlement of such action and fully cooperate with the County in providing all necessary employee witnesses and assistance necessary for said defense. The cost of any such assistance shall be paid by the County.

The County upon its compromise or settlement of such action or matter shall immediately pay the parties to such action all sums due under such settlement or compromise. The County, 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.

SPECIALIZED PEACE OFFICER - SUPERVISORY UNIT

The following are employee rights:

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

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

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

(d) Except as otherwise provided in this Agreement, the right of SEBA, upon its request and prior to implementation, to discuss with County Management any significant change in terms or conditions of employment which results in a significant impact on employees, except in emergencies.

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EXPENSE REIMBURSEMENT

ALL UNITS

Section 1 – General Provisions

The purpose of this Article is to define the policy and procedures by which employees shall report and be reimbursed for necessary expenses incurred on behalf of 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 or to exceed maximum allowable amounts provided in Section 7 of this Article. Prior approval may be in the form of standing orders issued by the appointing authority. Failure to obtain prior approval may result in denial of any expense claim (or excess amount) not pre-approved.

Section 3 – Travel Authorization

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

(b) The appointing authority or designee shall initiate Travel Requests. The County Administrative Officer and Auditor/Controller shall be notified in writing of all such designees.

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

Section 4 – Authorization for Attendance at Meetings

(a) 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) quarterly or until June 30 during the current fiscal year, whichever 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) Original receipts or vouchers which verify the claimed expenditures will be required for all items of expense, except:

(1) Private mileage.
(2) Taxi, streetcar, bus and ferryboat fares; bridge and road tolls; and parking fees.
(3) Telephone and telegraph charges.
(4) Other authorized expenses 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, etc.

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

(f) Expense reimbursements may be made via Electronic Fund Transfer.

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 the use of privately owned automobiles to conduct County business shall be at the IRS allowable rate or thirty-two cents ($0.32) per mile, whichever is greater. Reimbursement at this rate shall be considered as full and complete payment for actual necessary expenses for the use of the private automobile, insurance, maintenance, and all other transportation-related costs. The 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 the difference between the distance from the residence to the assigned work location and the distance from the residence to the first work contact point. If the first work contact point is closer than the assigned work location, no mileage shall be allowed. If the employee departs from the last work contact point directly to the residence, the same principle governs.

EXAMPLE: Employee lives in Yucaipa and is assigned to San Bernardino (commute of 18 miles). Employee is required to go first to an alternate work contact point for a meeting and then to report for remainder of day in San Bernardino.

Employees may have multiple assigned work locations. Mileage allowed is based on the assigned work location for that day. When employees have more than one (1) assigned work location in a standard tour of duty, mileage shall be allowed between assigned work locations.

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

(c) Travel Via Rental Vehicles

Reimbursement will be provided for the cost of a rental vehicle for business purposes if 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. Requests for reimbursement for gasoline for rental vehicles must be accompanied by a copy of the rental agreement or rental receipt and gasoline receipt.

(d) Travel Via Air

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

An extra-help appointment shall mean an appointment which is intended to be on less than a year-round basis, including, but not limited to the following: to cover peak workloads; emergency extra workloads of limited duration; necessary vacation, holiday or sick leave relief; temporary extra help to cover workloads pending establishment and/or hiring into vacant regular positions; and other situations involving a fluctuating staff. At the end of 2,080 service hours the appointment shall be terminated unless the appointing authority receives approval from the Director of Human Resources or designee to continue the appointment.

Extra-help employees shall be compensated on an hourly basis only for hours actually worked unless otherwise provided for in this Agreement or required by law. Extra-help employees shall be eligible for step advancement based upon completed service hours and satisfactory service in accordance with the Article �Salary Rates and Step Advancements.�

Under unusual circumstances and with the approval of the appropriate appointing authority(ies) 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.

Extra-help employees shall participate in the County�s PST Deferred Compensation Plan in lieu of participation in any other retirement plan, program, or benefit. Said employees shall contribute 5% of the employee�s biweekly gross earnings, and the County shall contribute 2.5% of employee�s biweekly gross earnings. The employee�s contributions to PST Deferred Compensation shall be automatically deducted from employee�s earnings. Maximum total contributions shall be 7.5% of the employee�s maximum covered wages for Social Security purposes. Employees shall enroll in the Plan on forms approved by the Human Resources Division Chief, Employee Benefits and Services. This paragraph shall not apply to any employee who is otherwise covered by the County Retirement System.

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FLEXIBLE SPENDING ACCOUNT

ALL UNITS

The purpose of this Section 125 Medical Expense Reimbursement Flexible Spending Account (FSA) is to permit eligible employees to make an election to pay for qualifying medical care expenses, as determined by Section 213 of the Internal Revenue Code of 1986 (IRC), on a pre-tax basis by salary reduction in accordance with Sections 125 and 105(b) of the IRC and regulations issued pursuant thereto. FSA shall be construed to comply with said Code Sections and to meet the requirements of any other applicable provisions of law.

FSA exclusions from gross income do not affect compensation for retirement purposes. FSA will be administered by the County Human Resources Department, Human Resources Chief, Employee Benefits and Services Division, consistent with said IRC Sections.

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

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

(c) Enrollment is required every Plan year. An employee must elect to contribute to FSA through salary reduction on forms approved by the County Human Resources Department, Human Resources Chief, Employee Benefits and Services Division.

(d) Eligible employees may contribute, on a pre-tax basis, a minimum of five dollars ($5.00) and a maximum of one hundred dollars ($100.00) per biweekly pay period to a flexible spending account. An employee election to participate in the Plan shall be irrevocable for the remainder of the Plan year. Once a salary reduction has begun, in no event will changes to elections or discontinuation of contributions be permitted during the Plan year except to the extent permitted under Internal Revenue Service rulings and regulations and with the County�s Plan Document. Examples of eligible mid-year Change in Status events include: marriage, divorce, birth, adoption, death, over age dependent, loss of student status, the employee�s or employee�s spouse�s reduction in work hours, and loss of spouse�s employment. The employee must submit a request for a mid-year Change in Status event within thirty (30) days of the qualifying event. The Human Resources Chief, Employee Benefits and Services Division, or designee, will authorize changes provided that the change is made on account of and consistent with an employee�s qualifying Change in Status event.

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

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FULL UNDERSTANDING, MODIFICATION AND WAIVER

ALL UNITS

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. 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, 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.

The County may make changes to the Personnel Rules consistent with rights, if any, SEBA has to meet with the County prior to implementation of such changes.

During the term of this Agreement, the County may make changes to policies, procedures, rules and directives affecting employees in this Unit. However, except in emergencies, prior to implementing any change within the scope of bargaining, the County shall provide at least fourteen (14) days notice to SEBA, and provide SEBA an opportunity to meet and discuss the impact of the proposed change.

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HOURS OF WORK

SPECIALIZED PEACE OFFICER - SUPERVISORY UNIT

Employees in this Unit shall be required to work during such hours as necessary to carry out the duties of their position, as designated by the appointing authority, and such hours may be varied so long as the work requirements and efficient operations of the County are assured.

Notwithstanding any other provisions of this Agreement, the County Administrative Officer may authorize overtime compensation at straight time or time and one-half rates at any time (including retroactively for emergencies as defined in Section 13.022(h) of the County Code) to be paid to any employee in order to carry out the intent of a Board-approved program, to respond to an emergency, or to compensate for hours of work performed above that normally expected of such employee.

Employees in regular positions in this Unit are considered to be salaried for purposes of the Fair Labor Standards Act. If, as a result of changes in legislation, federal regulations, or court decisions, employees are considered to be non-salaried, the County and SEBA will meet and confer concerning changes to return the employees to salaried status.

Employees covered by this Article who are disciplined by a suspension without pay shall only receive such suspension in increments permitted by applicable law. Alternatively, an appointing authority may discipline an employee covered by this Article via a deduction of accrued leave time. The accrued leave time is limited to vacation, holiday, annual or administrative leave. Any disciplinary action imposed under this Article is subject to appeal under the Personnel Rules of San Bernardino County. Employees shall not be disciplined by a reduction in step.

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IMPLEMENTATION

ALL UNITS

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.

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JOB SHARING AND PART-TIME EMPLOYMENT

ALL UNITS

At the discretion of the appointing authority, an employee may be allowed to job share or to work on a part-time basis in a regular position. Job share is defined as two (2) employees sharing one (1) regular position. Part-time employment is defined as an employee working in a regular position that is scheduled for less than eighty (80) hours per pay period.

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

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

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LAYOFF

ALL UNITS

Section 1 – Definition

A layoff is the involuntary separation or demotion of a regular employee to a position in a lower classification without fault of the employee. Layoff applies only to regular positions. A layoff occurs only when there is a surplus of employees, a position is to be deleted from the authorized table of organization, or when funds are withdrawn from a previously funded position.

Section 2 – Notification

Whenever an appointing authority believes that a layoff will be necessary, the appointing authority shall submit a layoff plan to the Director of Human Resources for approval. The layoff plan shall include the anticipated number, classification, and position number of employees to be laid off and seniority list by classification of all affected employees. The San Bernardino County Safety Employees� Benefit Association shall be provided with a copy of the layoff plan immediately upon approval by the Director of Human Resources. Once such a plan is approved, affected employees shall be entitled to ten (10) working days notification prior to layoff.

Section 3 – Order of Layoff

(a) Layoffs shall be made by classification within a department.

(b) Layoffs among regular employees shall be made on the basis of seniority determined by the employee�s current beginning (hire) date of continuous service in a regular position with the County. In the event of a tie in total time of continuous County service between two (2) or more employees, the order of layoff shall be determined at the discretion of the appointing authority.

(c) Before any reduction in the work force of regular employees occurs, all unclassified, provisional, extra-help, recurrent, and probationary employees in the affected classifications within the affected department shall be terminated in that order. For purposes of layoff, trainees and most recently hired dual appointments shall be treated the same as probationary employees.

(d) Probationary employees and employees on Temporary Assignment to a Vacant Higher Position, who have regular status in another classification, shall be returned to their former classification where they will be subject to layoff under provisions applicable to other employees in that classification. Underfills shall have layoff rights in the underfill classification.

(e) Regular employees whose positions have been deleted shall be allowed to exercise their options, based on seniority, to select either a vacant position or to bump into any position within their current classification filled with a less senior employee; provided, however, that only the number of positions filled by the least senior employees in the affected classification, equal to the number of positions being deleted from the classification, shall be available for bumping. An employee who elects not to bump into any position within the collective group of vacant and filled junior positions, thereby retaining his/her existing classification, shall be provided the opportunity to select from those options identified in (i) of this Article.

(f) If a regular employee to be separated has regular status in a lower classification, reduction in classification (bumping) within the affected non-group department/group shall be approved. For purposes of bumping, the number of positions filled by the least senior employees in the affected classification(s) equal to the number of employees bumping into the classification shall be identified. Additionally, all vacant positions in the affected classification shall be made available to the affected employees. This collective group of positions shall then be subject to the bumping process.

(g) Reductions in classification shall only be approved when the employee has previously held regular status in the lower classification, and has seniority over identified employees in the lower classification. Reductions in classification shall first be made to the next lower classification in which the employee has regular status. The employee being reduced may only replace a junior employee, or be placed in a vacant position, in the classification identified pursuant to (e) above within the affected department. The junior employee being bumped will be separated or reduced in classification. If the classification to which an eligible employee is first considered for reduction is not authorized in the department, or if the employee does not have seniority in that classification, reduction shall then be made to the next lower classification in which the employee has regular status. This procedure shall continue until all reductions in classification and the ultimate separations are completed.

(h) Employees in unclassified positions do not have a right to bump employees in classified positions. A classified employee may refuse to bump into an unclassified position without waiving the right to bump a more junior employee in the same or lower classification.
(i) If bumping results in an assignment which the employee considers to be undesirable, such employee may request:

(1) a voluntary demotion to a vacant position;

(2) a leave of absence with right to return to work; or

(3) a leave of absence without right to return to work, but placement on an eligible list.

Any of these options require the approval of the Director of Human Resources.

Section 4 – Exception to Order of Layoff

Whenever an appointing authority believes that the best interest of the service requires the retention of an employee with special qualifications, characteristics, and fitness for the work, the appointing authority may request that such employee be exempted from the bumping procedures. Such requests must be in writing and approved by the Director of Human Resources. If approved, SEBA shall be provided with a copy of the request.

Section 5 – Employee’s Rights While on Layoff

(a) During the first two (2) years following a layoff, laid-off regular employees shall be assured the right of an interview for vacant positions for which they meet certification requirements prior to final selection and appointment to said vacant positions within their previous department in the same or equivalent classification to the one in which the employee has previously held regular status.

(b) Any employee who is affected by a layoff may request that their name be placed on appropriate eligible lists for a period of two (2) years by submitting such a request and an application to the Director of Human Resources for determination of eligibility. Approval of such requests only entails placement on the list and does not guarantee employment or carry any bumping privileges. Placement on the eligible list shall be made pursuant to the provisions for requalification contained in the Personnel Rules.

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LEAVE PROVISIONS

SPECIALIZED PEACE OFFICER - SUPERVISORY UNIT

Employees in this Unit shall apply available paid leave time whenever a leave of absence is approved. However, employees who are on an approved leave of absence for less than one (1) full day, who do not have sufficient leave time available to cover the absence, shall be paid the full salary for their regular work day.

ALL UNITS

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 physical or mental illness, injury, pregnancy, confirmed exposure to a serious contagious disease, attendance upon an ill member of the employee�s immediate family or for a medical, optical, or dental appointment, as provided below.

Immediate family is defined as parent, child, spouse, or 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 eighty-eight (88) hours per year, or 3.39 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.

The minimum charge against accumulated sick leave shall be fifteen (15) minutes. Employees in regular positions paid less than eighty (80) hours per pay period or job-shared positions shall receive sick leave accumulation on a pro rata basis.

(c) Compensation – Approved sick leave with pay shall be compensated at the employee�s base rate of pay, except as otherwise provided in this Agreement.

(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 – In twenty-four (24) hour departments, 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. In other departments, the appointing authority or designee must be notified within one-half (1/2) hour after the start of the employee�s scheduled tour of duty of a sickness on the first day of absence.

It is the responsibility of the employee to keep the appointing authority informed as to continued absence beyond the first day for reasons due to sickness or occupational disability. Failure to make such notification shall result in denial of sick leave with pay. If the employee receives a doctor�s off-work order and provides notice of same to the appointing authority, the employee is not required to contact the department daily. If the employee does not have an off-work order or has not notified the appointing authority that one has been issued, the employee shall be required to contact the department daily in accordance with the timeframe above.

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

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

(1) Each employee may use up to one-half (1/2) of the employee�s annual accrual of earned sick leave per calendar year to attend to an ill parent, child, spouse, or domestic partner as defined by California Family Code 297 or to accompany them to medical appointments.

(2) 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 who resided with the employee. Immediate family is defined as spouse, child, grandchild, mother, father, grandparent, brother, sister, mother?in?law, father?in?law, or domestic partner as defined by California Family Code 297.

(3) A maximum of forty (40) hours earned sick leave may be used per occurrence for arrival of an adoptive child at the employee�s home.

(4) An employee (father) may utilize on an annual basis no more than forty (40) hours of accumulated sick leave per calendar year for the birth of his child.

(5) While the employee may use sick leave for personal medical, dental or optical appointments, every effort should be made to minimize necessary leave by scheduling the appointments at the start or end of the employee�s tour of duty or on a regularly scheduled day off.

(f) Return-to-Work Medical Clearance

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

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

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

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

(2) The employee is eligible to receive reimbursement for mileage for a return-to-work appointment pursuant to the Expense Reimbursement Article. Employees who attend medical appointments, not return-to-work examinations, at the Center for Employee Health and Wellness for an occupational injury shall receive reimbursement for mileage through workers� compensation. Employees are required to attend the return to work examinations on their own time.

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

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

(5) The employee is obligated to attend the appointment as scheduled under the conditions outlined above. If the employee fails to adhere to the procedure, the employee is required to use sick leave or leave without pay for any work hours missed. If the employee has provided two (2) full business days advance notice to their appointing authority or designee of a medical appointment that may result in the employee�s release to work, and there is a delay between the employee�s appointment with the Center for Employee Health and Wellness and the start of his/her scheduled tour of duty on the day that he/she was released to return to work, the County will pay for work hours missed, without charge to the employee�s leave balances.

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

(g) Workers’ Compensation

(1) Employees covered by Section 4850 of the Labor Code who are injured in the line of duty are 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.

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

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