HomeMy WebLinkAbout11. Adopt MOU with Management Support/Confidential Group, effective 12-18-17 Page 1 of 102
Item 11.
CENTRAL SAN CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: NOVEMBER 1, 2018
SUBJECT: ADOPT THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
DISTRICTAND THE MANAGEMENT SUPPORT/CONFIDENTIAL GROUP
EFFECTIVE DECEMBER 18, 2017 THROUGHAPRIL 17, 2022
SUBMITTED BY: INITIATING DEPARTMENT:
TEJI O'MALLEY, HUMAN RESOURCES OPERATIONS - POD - HUMAN RESOURCES
MANAGER
REVIEWED BY: ANN SASAKI, DEPUTY GENERAL MANAGER
Deputy General Mgr.Ann Sasaki
for General Manager Roger S. Bailey
ISSUE
The Management Support/Confidential Group (MS/CG) ratified a successor Memorandum of
Understanding (MOU)with the District on September 10, 2018 and formal adoption by the Board of
Directors is required.
BACKGROUND
Representatives of the Board and the MS/CG bargaining team met numerous times since April 2017 in
negotiations for a successor MOU to the existing MOU which expired on December 17, 2017. As part of
a mediated settlement, the parties reached a tentative agreement that balances the needs of the District
and the employees. On September 13, 2018, the Board approved the terms of the successor MOU and
directed staff to work with the Union to draft the language for the final MOU.
Agreement was reached on the following items which have a financial impact:
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• Transition to CALPERS Healthcare: The District will contract with CALPERS to provide
employee healthcare. The District will adopt the PEMCHA minimum vesting schedule for active and
retiree healthcare. For active employees, the premium costs of the core plans, defined as Kaiser
and HealthNet SmartCare, shall be borne by the District. The retiree health benefits shall remain the
same as the current Tiers in the existing MOU.
• Healthcare Reimbursement Account: Effective with the implementation of CALPERS
Healthcare, the District shall contribute 1.5% of base salary to a Healthcare Reimbursement Account
(HRA)for Tier I I I bargaining unit members.
• Wage Increase: Effective August 18, 2018, employees'wages shall be increase by 3.75%. On
April 18, 2019,April 18, 2020 and April 18, 2021, employees'wages shall be adjusted by the
change in the Consumer Price I ndex(CPI)for all Urban Consumers (San Francisco/Oakland/San
Jose) during the most recently completed February to February time period, with a minimum of 2%
and a maximum of 3.75%.
• Sick Leave Incentive: Beginning April 17, 2022, any cash-out of sick leave accruals shall be
deducted from an employee's sick leave accrual bank at time of retirement. Any remaining balance
shall be reported to Contra Costa County Employees' Retirement Association (CCCERA) as
retirement service credit.
• Safety Shoes: Employees who are either required or advised to wear safety shoes shall be
provided one pair of safety shoes and accessories with the limit per pair increasing from $200 to
$230.
Attached are both a marked-up version and clean copy of the final draft of the MOU between the District
and MS/CG.
ALTERNATIVES/CONSIDERATIONS
None.
FINANCIAL IMPACTS
Taking into consideration the projected savings from switching to CalPERS Healthcare, the proposed net
cost impact overthe proposed term of the contract (if CPI reaches the maximum cap of 3.75%) is a cost
of approximately$1,359,900 over the term of the contract.
COMMITTEE RECOMMENDATION
This item was not reviewed by a Committee.
RECOMMENDED BOARD ACTION
Adopt the Memorandum of Understanding (MOU) between the District and MS/CG, effective December
18, 2017 through April 17, 2022.
Strategic Plan Tie-In
GOAL FOUR: Develop and retain a highly trained and innovative workforce
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Strategy 2- Enhance relationships with employees and bargaining units
ATTACHMENTS:
1. MOU - MS/CG (Strikeout)
2. MOU - MS/CG (Clean)
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Preamble
MEMORANDUM
Of
UNDERSTANDING
between
tllie
Central Contra Costa
Sanitary District
and-hie
Management Support/
Confidential Group
""^r1.��-2-December 18, 2017
through
December 17, 17, 2022
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Preamble
RECOGNITION AND COVERAGE
The Management Support/Confidential Group, hereafter known as the
MS/CG, is the formally recognized exclusive employee representative
for all employees other than General Employees, Management
Employees, and Executive Management Employees. The MS/CG shall
represent all regular employees currently designated by Resolution of
the Board of Directors.
The determination for new and reclassified positions shall be in
accordance with the District's Employer/Employee Relations
Ordinance.
RIGHTS
The Board of Directors' representatives and duly appointed
representatives of the MS/CG will meet and confer in good faith. The
Board of Directors, or any agent thereof, agrees that there will be no
interference, restraint, or coercion against the MS/CG or against any
employee because of his/her group membership or group activity.
It is the intent and purpose of the parties hereto to promote
harmonious, economic, and industrial relationships between the District
and MS/CG and to effectaffect the best possible service at the most
effective cost to the customers of the District. The District and MS/CG
jointly agree to perform faithfully the obligations imposed by this
Memorandum of Understanding, and furthermore, agree that the
provisions contained herein shall be recognized as the sole statement
of contractual rights and obligations between the two parties, except
however, that all rights, privileges, and benefits secured prior to this
agreement shall remain in full force and effect, except as may be
provided herein.
The District has the sole and exclusive right to determine the
consideration of the merits, necessity, or organization of any service or
activity provided by law or Executive Order. Additionally, the rights of
the District include, but are not limited to, the exclusive right to
determine the missions of its constituent departments and divisions;
set standards of services; determine the procedures and standards of
selection for employment and promotion; direct, classify, and assign its
employees; require overtime, when necessary, for operations of the
District; take disciplinary action; relieve its employees from duty
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Preamble
because of lack of work or for other legitimate reasons; maintain the
efficiency of District operations, including, but not limited to, the
contracting or subcontracting of production, service, maintenance, or
other type of work performed by the District; determine the methods,
means, and personnel by which District operations are to be
conducted; determine the content of job classifications; take all
necessary actions to carry out its mission in emergencies; and exercise
complete control and discretion over its organization and the
technology of performing its work; provided, however, that the exercise
of such District rights shall not conflict with the express provisions of
this Memorandum.
NONDISCRIMINATION
There will be no discrimination by the MS/CG or the District or any
agent of either of them because of rase, ^^'^F Greed, Ratien^' ^
disability, religi R OF PGlit,^^l heli^f^, race, religion, color, national
origin, ancestry, marital status, age, gender, sexual orientation,
Physical or mental disability, medical condition or political beliefs,
consistent with applicable state and federal law.
Discourteous treatment of the public or fellow employees including
discrimination and/or harassment that is detrimental to the function of
the District will not be tolerated. The offender(s)shall be subject to
disciplinary action as considered appropriate by the Department
Director.
Management Support/Confidential Group and the District agree to
comply with all provisions of the Americans with Disabilities Act
including reasonable accommodations for individuals protected under
the Act. The District shall meet and confer with the Management
Support/Confidential Group prior to any accommodation, which might
require an exemption from the Memorandum of Understanding. Any
specific accommodation by the Americans with Disabilities Act shall
not establish a past practice, nor shall it be cited as evidence of a past
practice in the grievance procedure.
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Article I—Dues
ARTICLE I DUES
The District shall provide payroll deduction of dues for the MS/CG
employees, provided however, that a signed payroll deduction form is
executed by the employee specifying the amount to be deducted and is
in the Accounting Office by the fifteenth of the month prior to its
effective date. The monies withheld shall be turned over to the
treasurer of the MS/CG by the fifteenth of the following month.
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Article II-Pay
ARTICLE 11 PAY
GENERAL INCREASE
Effective Apr*-August 18, 20422018, employees'wages shall be
adjusted by 3.75%. Effective April 18, 20132019, April 18, 28142020,
and April 18,28152021, April 18 2046 and Aril 18 2017 employees'
wages shall be adjusted by the change in the Consumer Price Index
(CPI)for all Urban Consumers (San Francisco/Oakland/San Jose)
during the most recently completed February to February time period
prior to the applicable April. If the applicable CPI is less than 2%, than
the salary increase will be 2%. If the applicable CPI is greater than
3.75%, than the salary increase will be 3.75%., ,.,i+h a ,,,,,,i.,,,,,,, of '
An additional 10/ wage inGrease will be added +e the GPI adjustment
for the term of the MOU.
The payment of the first wage increase back to ApFil 18, 20122Auqust
18, 2018 shall only apply to employees still employed at the time the
Board approves this MOU and shall not impact any District obligation
with respect to incentive pays, overtime, cash-outs or other types of
compensation other than wage already provided by the District prior to
Board approval.
The employees in the MS/GG- grGup shall reGeive aRy s_the_beard
nemnensa+ien adju6+man+, n ether indireet e n benefit (e.g.
i
addQtie�nahea��e Ga+ion allowanGes) r ped by either I esal One of
the Management Group d6lFiRg the G ent 2012 r Rd of MO I
Regetlatlens that is mere adyan+aneeus than nentamed in this
agFeepneRt s eh a but net limited to a laFger wage in
lesser n ntage employee sen+ribuhien obligation ton n that is
ren+wined in this agreement-.
LONGEVITY COMPENSATION MEN 1W
career cer.,;,.eLongevity Pay
A two and one-half(2'/2%) percent career service pay increase will be
granted to employees after ten (10)years of continuous employment
with the District.
Cern en+a nleyees a of the C2ear.t'6 a al of this MQU, aAn
additional two and one-half percent(2.5%)career service pay increase
(for a total of 5%)will be granted to employees after twenty(20)years
of continuous employment with the District.
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Article II—Pay
The 20 year longevity ORGrease shall be applied retroactive toAril 4 Q
201`J to qualifying o pleyees Mill employed of the time this MOI I io �
MEAL ALLOWANCE
Those called in who are not on stand-by, other than Operations
personnel, will receive a paid 60-minute meal break at or after four(4)
hours overtime worked. In addition, they will receive a $12.00 meal
allowance. Operations personnel will receive the meal allowance, but
not the paid meal break.
All employees other than Operations personnel who work in excess of
four(4) hours after completion of the first meal period will be entitled to
a second meal period and payment of$12.00. Operations personnel
will receive the meal allowance, but not the paid meal break. Meal
periods and meal allowances will be paid only for overtime hours and
will not be paid for scheduled working hours. The paid meal period
includes cleanup time. Receipts will not be required for meal
allowances.
MERIT INCREASES
Employees normally receive a salary range increase upon satisfactory
completion of their Probationary Period and a merit increase of one
salary step every twelve (12) months from the date they achieve
permanent status until they reach the top of their range. This merit
increase shall only be withheld based upon an unacceptable overall
evaluation rating as noted in an Employee Performance Appraisal
Form. During the term of this Memorandum of Understanding, the
District shall use the Employee Performance Appraisal Form.
MINIMUM CALL BACK PAY
An employee not on Standby but who is called back to work shall be
compensated at time and one-half for a three (3) hours' minimum for
each call, time and one-half for the actual time worked, whichever is
greater. The allowance for travel time shall be thirtV(30) minutes each
way and shall be added to actual time worked.
OUT-OF-CLASS PAY
Employees assigned to work in a higher classification in the absence of
their supervisor shall receive a minimum of one salary step after one
continuous week in the higher classification. When a supervisor is
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Article II-Pay
absent for one or more continuous weeks and where more than one
employee is assigned the supervisor's responsibilities at different times
during the absence, which may be less than one week per employee,
then those employees shall receive a minimum of one salary step for
the actual hours worked in the higher classification.
OVERTIME ACCUMULATION
I
Compensation for overtime work shall be paid at the next pay period,
or the time and one-half hours may be accumulated as"Earned
Overtime,"to a maximum of forty (40) hours. Earned Overtime in
excess of forty(40) hours will be paid out in cash. There will be a limit
of eighty(80) hours of Earned Overtime taken off per year with an
eighty (80) hour limit on Cornet Overtime taken off per year.
Exceptions to this limit for bona fide family emergencies shall be
considered by the District on a case-by-case basis. When required to
maintain the operations of the District, the District may require
overtime.
PAYCHECK DISTRIBUTION
The District shall distribute paychecks directly to the employee on the
last regular District working day of each month. However, if the
employee so elects, distribution may take place at the employee's
written request by direct deposit to any financial institution accepting
electronic wire transfer from the Federal Reserve Bank.
PROFESSIONAL REGISTRATION
The District shall pay the registration and renewal fees for all
professional registered engineers, licensed land surveyors, and those
employees who hold a current California Wastewater Treatment Plant
Operator's Certificate—T where the registration and/or certificate is
must be a requirement of the employee's classification.
Some employees are required by law eFjE)b Glassification to hold�-a
IiGee_rnse, 6cFti�"'+e er refeooienol registration. If one nleyee does not
pessess the required li6ense, ceftifiGa+e, a refessienal r io+ratien At
the time of hire o premotion the employee may he given two (2) o
more opportunities to take and pass necessary examinations to
meet the requirements of the ieh Themaximum time ellewed +e eh+�in
the liGenoe ner+ifiGate o refeooienoi r io+ro+ien shall he twe 21 v
from the a nleyee's date of hire o prome+ion fly Bring this n ied the
employee shall remain On a probationary status and shall be ineligible
fo any merit n
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Article II—Pay
REGISTRATION OR CERTIFICATION DIFFERENTIAL
The District shall grant a one-step salary increase to full-time, regular
employees while employed at the District as a Professional Engineer,
Land Surveyor, Certified Public Accountant or Certified Management
Accountant who have achieved their registration or a license in
positions where the registration or license is not required. Such an
increase shall be limited to one registration or certification per
employee and be subject to the employee's demonstrated ability to
assist in the accomplishment of District activities requiring a level of
skills and importance normally expected from a person with such
registration or license.
PAY UPON PROMOTION
A promotion shall result in pay at least one full step greater than
received prior to the promotion, taking into account any registration or
certification differentials received prior to promotion.
CLASS A/CLASS B DRIVER'S LICENSE
The District shall pay the difference in cost between Class C Driver's
License and Class A/B Driver's License for an employee who must
renew or obtain his/her Class A/B California Driver's License. The
District shall provide a vehicle to take the examination for the Class A
or B License.
Employees who are required and assigned by the District to hold a
Class A or Class B commercial driver's license will receive $75.00 per
month. The $75.00 is not included in the employee's base pay. It will
be paid only for time when the employee is in active status and not on
a leave of absence. The $75.00 will not be paid for any time in which
the employee is unable to drive a District vehicle that requires a Class
A or Class B commercial driver's license, such as when the license has
been revoked, suspended, restricted, the employee is on a leave of
absence, etc.
SHIFT DIFFERENTIALS
Night Shift Differential
Night Shift Differential applies only to employees who are regularly
scheduled to work night shift. The rate of pay for the Night Shift
Differential is determined by increasing the basic hourly salary for the
job by seven and one-half(7 '/z%) percent.
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Article II—Pay
Swing Shift Differential
Swing Shift Differential applies only to employees who are regularly
scheduled to work Swing Shift. The rate of pay for the Swing Shift
Differential is determined by increasing the basic hourly salary for the
job by five (5%) percent.
Relief Operator Differential: Relief Operator Differential applies only
to employees who are regularly scheduled to work the position of
Relief Operator. The rate of pay for the Relief Operator Differential is
determined by increasing the basic hourly salary for the job by seven
and one-half(7.5%) percent.
TERMINAL COMPENSATION
The employee's terminal compensation will be contributed by the
District to the 401(a) plan at termination, retirement or resignation at
100% of total compensation, as defined in the 401(a) Plan Document
under Section 5.03 (b), or the Internal Revenue Service maximum
contribution limit, whichever is lower.
In no case will the total 401(a) contribution be in excess of Internal
Revenue Code mandated limits in force at the time of termination,
retirement or resignation.
Any other outstanding vacation or sick leave and earned overtime due
the employee at the time of termination, retirement, or resignation will
be calculated and issued to the employee with the final paycheck. All
unused accumulated sick leave at the time of retirement is credited as
longevity upon retirement.
UNIFORM PAY PERIODS
Employees shall be paid based on a pay period from the 18th to 17th
of each month.
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Article III—Work Hours
—WORKARTICLE III •
ALTERNATIVE WORK SCHEDULES
An individual or group of employees within a work unit may request the
District to adopt an alternative work schedule, with a written request to
their supervisor, who will give full, prompt, and responsible
consideration to such request and forward such request to the
appropriate Department Director or Division Manager with a
recommendation. Department Director approval is required to
implement an alternative work schedule. The decision of the
Department Director is final and not subject to the grievance
procedure.
REDUCED WORK WEEK
An individual may submit a written request for a reduced workweek of
up to thirty-two (32) hours to his/her supervisor, who will give the
request full, prompt, and responsible consideration. The request may
be for a period not to exceed three months and such request will be
forwarded by the supervisor to the appropriate Department Director or
Division Manager with a recommendation. Department Director
approval is required to implement a reduced workweek. The decision
of the Department Director is final and not subject to the grievance
procedure. Should the individual wish to extend the three-month
period, he/she must submit an additional request(s). All benefits will
remain in effect with the exception that pay and vacation and sick leave
accumulations will be prorated according to the amount of time worked.
WORK WEEK
The normal workweek for full-time nonshift employees is eight (8)
hours per day. Although most employees are scheduled to work
Monday through Friday, some services and operations are currently
scheduled on a 24-hour basis, seven (7) days a week.
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Article IV—Leaves
ARTICLE IV—LEAVES
ADMINISTRATIVE LEAVE
Administrative leave shall be granted for all employees covered under
this Agreement at three (3)days per year effective April 18 of each
year. Administrative leave must be used by April 17 of each year or it
will be forfeited.
COURT APPEARANCES
All employees who need time off work to attend legal proceedings must
give advance notice of the need for such time off.
A. The District will compensate an employee as if the employee was
at work for time spent attending legal proceedings under the
following circumstances:
1. Attendance at arbitrations held pursuant to this MOU.
2. Responding to a subpoena or notice of deposition except as
noted below in section B.
3. Attendance at a legal proceeding at the instruction of District
management.
B. The District will not compensate an employee as if the employee
was at work for attending a legal proceeding under the following
circumstances:
1. If the employee is an expert witness;
2. If the legal proceeding is against the District and the employee
is a plaintiff in that action.
3. If the employee participates in a legal proceeding and the
proceeding does not involve the District.
Such employee must apply for vacation leave, earned overtime, or
leave of absence without pay.
DEATH IN FAMILY
In the event of a death in the immediate family of an employee, the
employee may, after notifying his/her supervisor, be absent up to a
maximum of ten (10)days and have the time off charged to his/her sick
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Article IV—Leaves
leave account. Accrued vacation time may be used if additional time is
required. Death in the family leave must be taken within thirty days of
the occurrence of the death. "Immediate Family" consists of the
following persons: mother, father, husband, wife, brother, sister, son,
daughter, in-laws, or grandparents. Verification may be required.
FAMILY AND MEDICAL LEAVE
The District will comply with the provisions of the Family and Medical
Leave Act and the California Family Rights Act. The District will require
an employee to exhaust his/her sick leave prior to considering a leave
of absence without pay for the purposes of Family and Medical Leave.
HOLIDAYS
Holiday Schedule
There are thirteen (13) paid holidays.
New Year's Day Veteran's Day
(January 1) (November 11)
Martin Luther King, Jr.' s Birthday Thanksgiving Day
(Third Monday in January) (Fourth Thursday in November)
Lincoln's Birthday Day after Thanksgiving
(February 12)
Washington's Birthday December 24
(Third Monday in February)
Memorial Day December 25
(Last Monday in May)
Independence Day December 31
(July 4)
Labor Day
(First Monday in September)
Weekend-Designated Holidays
If a designated holiday falls on a Saturday, the preceding workday not
a holiday shall be deemed to be the holiday, and if the holiday falls on
a Sunday, the following workday not a holiday shall be deemed to be
that holiday.
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Article IV—Leaves
Holiday Compensation
All employees-with the 0 0^+i^ of Temporary stats ^iGy_e who
are required or authorized to work on a holiday listed above, will be
paid at the rate of time and one-half the normal regularly assigned
basic pay rate in addition to the normal monthly pay except for New
Year's Day, Thanksgiving Day, and Christmas Day, which will be paid
at a double-time rate in addition to the normal monthly pay. Employees
required to work on a Friday immediately preceding a holiday or
Monday immediately following will receive pay at time and one-half the
normal basic pay rate or receive time and one-half off at a later date.
In those instances where Christmas (December 25th) and New Year's
Day(January 1 st)fall on a Saturday or Sunday, those days will be paid
at the double time rate in addition to the normal monthly pay. The
observed District holiday shall be paid at time and one half in addition
to their normal monthly pay.
Employees who earn holiday compensatory time may accumulate a
maximum of what can be earned in a one-year period (currently 104
hours). Those employees that have the maximum accrual of 104 hours
will be automatically paid for any additional hours earned in excess of
the maximum. Eff^^ti„^ ^ er after 'a n , 2gT , Employees may
cash-out Holiday Compensation at the time of separation or retirement
but may not cash-out Holiday Compensation prior to separation or
retirement.
JURY DUTY
If an employee SGalledreports for jury duty, he/she may take the time
off with pay and may not receive juror pay from the court. Mileage
allowances and meal expense reimbursements shall be kept by the
employee under any circumstances.
LEAVE OF ABSENCE WITHOUT PAY
Employees may request a leave of absence without pay through
his/her supervisor. A leave of absence without pay fer up to thirty (30)
working days may be approved by the Department Director and the
General Manager. LORgeF leaVe shall require the approval of the Board
of nireGt„rs ^r,.+Any request for a leave of absence without pay in
excess of thirty (30) days may be made if there is a compelling reason
and the employee's work unit will not be unduly affected by the
employee's absence. During an extended leave, the employee's
employment status and seniority will remain unchanged. Health plan
insurance benefits will be continued for only medically-related leaves.
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Article IV-Leaves
However, all other rights, privileges, and benefits of employment are
suspended until the employee's return to active employment.
MILITARY LEAVE
Employees who are assigned to military duty are entitled to military
leave in accordance with the provisions of applicable state laws
(California Military and Veterans Code, Section 395 et seq.).
PREGNANCY DISABILITY
For the purposes of the State Disability Insurance, Pregnancy Disability
Leave is effective the first date the employee is disabled. The District
will require verification from the employee's physician. E.g., if an
employee's last day of work is 9/1 and the baby is delivered on 10/1,
then the effective date of Pregnancy Disability Leave will
be 9/1.
Upon termination of the disability, (generally sox weeks follewing-a
regular delivery, eight weeks following a Caesarean SeGtion or the
length of the disability whiGheyer is lenger\ the o nleyee .All ne Ienw
beoh�61Se SiGk leave but will be allowed to u aRy aGGrued
vacation, earned overtime, or leave The combination of
time off for approved Pregnancy Disability Leave and Family Medical
Leave may not total more than seven months per occasion. This
requires approval of the Department Director.
SALARY CONTINUANCE PLAN
J�
It shall be the general policy of the District to continue pay to an
employee under the Salary Continuance Plan when an employee
incurs a work-related injury or illness. This plan commences if the
employee qualifies for temporary disability payments from Worker's
Compensation for the disability and, if in the opinion of the District, the
disability is work-related. If the injury or illness is determined legitimate,
all of the employee's regular benefits will continue during the time this
plan is in effect.
The salary continuance will be equivalent to seventy(70%) percent of
gross compensation less any Worker's Compensation payments.
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Article IV—Leaves
The maximum period for which this plan could be used by an employee
will be six (6) months or until a stable level of disability is reached,
whichever occurs first.
The District's policy for charging sick leave for work-incurred injuries or
illnesses shall be as follows:
An employee requiring medical attention for a work-incurred injury or
illness will not be required to charge the portion of time spent on the
day of the injury receiving medical care to his/her sick leave record.
After the doctor has released the employee from his office, any
additional time off on that day will be charged to the employee's sick
leave account. Employees shall be allowed paid release time of up to
three (3) hours for work-related injury doctor and/or physical therapy
appointments which shall include thirty (30) minutes of drive time to
and from the appointment.
The first day of the three-day waiting period required by the State
Compensation Insurance Fund begins the day following the date on
which the injury or illness occurred. District Salary Continuance Plan
benefits shall begin on the same day as State Compensation benefits
commence. However, if the injury or illness causes disability of more
than fourteen (14) days or necessitates hospitalization, the Salary
Continuance Plan will become effective from the first day the injured
employee leaves work as a result of the injury or illness.
The employee may use vacation or sick leave accrual or earned
overtime during this waiting period.
SICK LEAVE
Current regular or probationary employees hired by the District prior to
May 1, 1985, earn fifteen (15)days sick leave per year. Regular or
probationary employees hired by the District after May 1, 1985, earn
twelve (12) days sick leave per year. Sick leave is to be used only in
case of real sickness, disability, medical, or dental care for the
employee, or up to ten (10)days annually may be used to attend to
health needs of an immediate family member. If all accumulated sick
leave is used, earned vacation time may be used as sick leave in order
to receive full regular pay. Probationary employees are eligible to use
earned sick leave as required.
SICK LEAVE ACCUMULATION
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Article IV-Leaves
Unused sick leave accumulates from one year to the next. There is no
maximum limitation. All unused accumulated sick leave at the time of
retirement is credited as longevity upon retirement.
SICK LEAVE INCENTIVE BENEFIT
For current regular or probationary employees hired by the District prior
to May 1, 1985, the District shall augment the regular sick leave policy
with an incentive benefit using a formula crediting eighty-five (85%)
percent of the employee's yearly-unused sick leave to an accumulating
account for that person. For regular or probationary employees hired
by the District after May 1, 1985, the following schedule shall apply:
Years of Pay off Credit Pay off Credit
Service at Termination at Retirement
0-5 Years 0 Percent 0 Percent
5-10 Years 25 Percent 25 Percent
10-25 Years 25 Percent 35 Percent
25 & Over 25 Percent 40 Percent
Payment for all credited sick leave will be made upon retirement or
termination of employment only if the employee provides the District
with a minimum of two (2)weeks notice.
Beginning on April 17, 2022, any cash out of sick leave accruals shall
be deducted from an employee's sick leave accrual bank at time of
retirement. Any remaining balance shall be reported to Contra Costa
County Employees' Retirement Association (CCCERA) as retirement
service credit.
VACATION
All employees, with the 0 eptien of To., p stat employees,
earn paid vacation time from the first month of employment. However,
GatiGR tiMe until after GGMPletieR of oiX (6) M eRtho 0
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Article IV—Leaves
Thereafter, vacation time may generally be used as
desired, subject to the approval of the appropriate supervisor, subject
to two (2)weeks notice in advance. The schedule of vacation days and
the maximum number of vacation days which may be accumulated and
deferred are shown in the following tables:
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Article IV—Leaves
Vacation Earnings
A. Current regular or probationary employees hired by the District
prior to May 1, 1985, earn ten (10) hours of vacation per month
worked plus additional allowance for longevity after five (5)years.
Maximum Number of
Vacation Days Which
Years of Annual Vacation Can Be Accumulated
Service Allowance and Deferred
0-5 Years 15 Days 30 Days
5-10 Years 16 Days 32 Days
10-15 Years 17 Days 34 Days
15-20 Years 20 Days 40 Days
20-25 Years 25 Days 50 Days
25-30 Years 30 Days 60 Days
30 &Over 35 Days 70 Days
B. Regular or probationary employees hired by the District after
May 1, 1985, earn 6.67 hours of vacation per month worked, 0-3 years;
and ten (10) hours of vacation per month worked, 3-5 years; plus
additional allowance for longevity after five (5)years worked.
Maximum Number of
Vacation Days Which
Years of Annual Vacation Can Be Accumulated
Service Allowance and Deferred
0-3 Years 10 Days 20 Days
3-5 Years 15 Days 30 Days
5-10 Years 16 Days 32 Days
10-15 Years 17 Days 34 Days
15-20 Years 20 Days 40 Days
20-25 Years 25 Days 50 Days
25 & Over 30 Days 60 Days
Use of Vacation Accumulation
All employees shall be afforded (1) one calendar year from the
anniversary date to use such extra vacation days to or below the
permitted maximum limits.
Accrual Credit
The extra days accrued due to service of over five (5)years are
credited to each employee's account on his/her anniversary date.
Employees are notified as they reach the maximum accrual limit.
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Article IV—Leaves
Termination
If an employee leaves the District for any reason, he/she will be paid
for any earned vacation time not used.
Payment of Accumulated Vacation Time
A. Employees may request payoff of accumulated vacation time.
B. Employees must have either taken ten (10)days of vacation time
within the calendar year of application or have accrued sufficient
vacation time to take a mandatory ten (10) days of vacation time
off within the calendar year of application.
C. The maximum number of days which will be considered for
payment in any one calendar year shall be twenty (20) days.
D. The employee shall submit a letter of request for payment of
accumulated vacation to his/her Department Director, which shall
include the number of days pay requested. The request will then
be submitted to the General Manager. If all of the conditions
specified above are satisfied, the request will be considered.
E. Note the following exception to the above: payment of
accumulated vacation time above the maximum annual accrual
shall occur automatically on the anniversary date on which the time
would be lost provided that an employee has used at least ten (10)
vacation days during the last twelve (12) months.
The above policies do not apply to termination of employment or
retirement.
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Article V-Benefits
EmPLOYEE BENEFITS
401 (A)MONEY PURCHASE PLAN
The District contributes to each employee's 401(a) Money Purchase
Plan an amount equal to that which the District would otherwise
contribute to the Social Security system, but not including the
employee's contribution to Medicare or FICA. If, during the term of this
Memorandum of Understanding, the District is required by law to
participate in the Social Security system, the District will stop
contributing to the 401(a) Money Purchase Plan and will meet and
confer on the change.
CAFETERIA PLAN ad
ME
The District shall contribute$ 220 per month for each employee to
the Cafeteria Plan. The employee may elect to take the full contribution
in cash. Eff8Gti„8 Ianuar„ 1, 2004 the Distrint shall Gen+ribute a
addotienal $50 n enth for each o pleyee to the Cafeteria Plan
proaifled that this a.d.ditienal a pt must be used ter mho arse eligible
cafeteria plan expenses. The additional $50 p nth m et he
taken a ash
CONTI\11-1.01 .E OF BENEFIT R11;;11111111111111111,
The D*StriGt shall have a , which nid
ves a onfinuerd degree
Of responsibility+o the o pleyee ipen retirement and +e the
dependents of a deo-eased employee.
Tier 1
Employees hiredby the District prior to May 1, 1985 Mall be covered
by me.diGal dental and redUGed life IRSUraRGe plans lane half of the
life insuFaRGe preyi.de.d at time of retirement for employees hired before
May 1 1985)when they retire from District o plo��ment nyided that
May 1,
the,meet the "Rule of 65.” -Indpr tht-z "Ru-le of 65" ;an pleyee's ae
plus years of sepiine with the Disfrinf of the time of retirement must
total RF with a minimum requirement+ha++ho o nlI E)o��ee must he a+
least age 50 and have at least ten (10)years of n04n11o11s seFViGe with
the District at the time of retirement Eligible employees' qualified
dependents (as defined by the plan provider)whe were Govered a
dependents at the time of retirement alse shall he G red by me.di.�al
and dental plans
Tier-11
Employees hired after May 1, 1985 but before Apr'! 19, 2.003 shame
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Article V-Benefits
ee vered by wedisal and dental plans♦ when they retire frern District
e pf��pleymen ded +hazracthey meet the" Rule of 65. Under the "R64e
of 65 eyee's age P161S yeaFS of service with the DistriGt at the
time of retirement must total 65 with a minimum requirement that the
e'''mpleyee must be at least amine 50 and have at least ten (10)years of
ran+ipi a is SeFViGe with the D'Strint at the time of retirement
Employees hired after April 18, 2003 who have reaGhred ageFav
have a minimum of ten (10)years of continuous service with the
District at the time of retirement shall hen red by medinal and
dental plans when they retire frem Ilis+r'Gt o pleymen+ The D'Striot
shall enly pay fer the fill oust of an eligible retired employee's medil-
and dental plan premiums until the retired employee's 65th birthday. At
age 65 the retired e pleyee shall p the District fifty (500%) n nt of
the Gos++e the DistriGt fer the a pdeyee's med'Gal and dental s
Eligible o pleyees shall henyirded with red Ged life ORSLIFaRGe
($10,000)when they retire from District employment. Elkj le
employees' qualified dependents (as defined by the plan n wider)
Were G red as depeRden+s at the time of retirement also shall he
GE)Vered by Fnedinal and dental plans with the a eption that the Distrin+
shall only pay for the full cost of an eligible dependent's medical and
dental plan premiums until the eligible dependent's 65th birthday. At
e FF the eligible dependent shall pay the Dis+riGt fifty n eat (50%)
of the nes+to the Dis+riot fer the eligible dependent's r,ed'Gal and
dental c
Tier M
€ p♦ pleyeeshired--after june 30 7000 shall hen recd by merdinal and
dental plans when they retire from Dis+riGt e pleyment nyided that
they meet tthe_R i_�n�" '-'n. rrJethe "Rule vetf 70," aRemployee's age
plusyears f
of cervine with the District at the time of retirement mus
total 70 .with a minimurn requirement that the a pleyee must he a+
least age 55 and have at least ten (1 0)years of Gentinueus SeFViGe .with
the DistriGt at the time of retirement Eer these employees hirer) OR
after Iune 402009 the District shall only pay fifty (50%) of the
premit im post fpr the lewest nes+ rvmedisal plan fer the retiree anrd
speuse Eer Tier III a pleyees hired o er after April 19, 2013, the
District shall enhv Pay fifty (50%) of the premiu.m. P-A-q-t fer the levees+
cost dental plan for the ret7FeeZarnd spouse. Eligible employees'
qualified dependents (as defined by the plan n .viler)other than the
employee's speuse whe severe n red as dependents at the time of
retirement else shall he G red by medinal and dental plans with the
exception that the employee shall pay the full most of coverage for
these dependents Tier III retirees and dependents a ineligible fer life
nsuranGe.
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Article V-Benefits
Miscenaneo
At the time of an eligible empleyee'6 retiFement, all qualified
dependents (as defined by the plan provider)who already were
dependents at the time of retirement shall eentinue+e hoe red by
the DistriGt'S medJiGal andl rleptal pla on aGGerdanGe with the Tier I
Tier II, and Tier III benefits as stated above Dependents of
retirees-
pderTier III a of n rerl by the District's rmerlieal plan, unless the
�a
retiree eheeses to r mbrse the rlistriet for the rest ten r the
dependent The Distrie+shall haven ehligatien ten y fer Goyerage fer
more than two party (retiree plus one) coverage for any new and
different dependent added after the date of retirement a
The medical coverage for eligible retire after age 65 ..ill he
ptegraterl with Merlioare for all eligible retirees regardless of when they
were hired apd eligible dependeRtS upen their 66th birthday. If the
retiree's/depeprlent's health plan requires rellment at age 65 in
Medicare Dori Q the retiree and!/eic dependent shall her Bible fer
pa..ip9 for the Merlieare p For Tier 1 and Tier II
, upon
subm'ssmen of evidence of payment ttt-eo-MediGare the Dis+riGt Will
reimburse the retiree and!/er dependent fer the nest of the Medioare
premia ems For Tier III the Dis+riot shall not r mburse any Medlieare
premiums. For all tiers, the D*Striet Will pot heresponsible for any
r!
penalties n seeests in the Medlieare premium sheu ld the
employee and!/er eligible dependent note roll in Medlieare during the
enrollment p ed! s ndling his/her 65th bir+hrla..
The program fer dependents A-f a deseased empleyee shall provide fer
health andl dental benefits for the leRgth of that o pleyee's total
with the D*StF*Gt /in other than temporary status), o .n+i1 s soh
r
time that+hes n+il dependents
time that the depenents
,
no longer qualify for benefits a stated by the Diotriet's pelioies
DEFERRED COMPENSATION
The District offers a Deferred Compensation Plan to employees, who
may defer up to the amount allowed by law. Employee participation in
the Deferred Compensation Plan is voluntary.
DENTAL PLAN
The District shall provide a dental care program for all employees
covered under this Memorandum of Understanding. Delta Dental shall
be the dental plan provider.
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Article V—Benefits
DISABILITY PLAN
The District shall provide a Long Term Disability program for all
employees covered under this Memorandum of Understanding. There
shall be a ninety-day waiting period.
DUAL HEALTH COVERAGE
Those employees having dual coverage under a health insurance
program may withdraw from the District's health insurance coverage
and, in lieu of such coverage, and effective the first full pay period
following Board approval of this MOU, will receive a District
contribution to the Section 401(a) plan in the amount of$400.
Continuation of this program is subject to Health Plan carrier
acceptance.
EDUCATION-TUITION REFUND POLICY
The District will reimburse employees (with the exception of those+g-a
temporary stats or on a Leave of Absence)desiring to further their
education for the purpose of improving their on-the-job performance.
Approval will be given only for courses within the scope of the
employee's employment field and District job responsibilities. Class
and study time must be outside of the employee's working hours, and
the completion of the course must result in at least a C grade or its
equivalent. The maximum tuition refund to an eligible employee shall
not exceed $2000 per Fiscal Year. An employee may elect to apply
part of the tuition refund toward the purchase of course-required
textbook(s), which will then be retained by the District at the completion
of the course. Requests for the budgeting of education tuition refunds
must be submitted to the employee's Department Director by March 15
of each year. Failure to request by March 15th shall not preclude
approval of an appropriate request subject to acceptable budget.
EMPLOYEE ASSISTANCE PROGRAM
An Employee Assistance Program shall be provided MS/CG at District
cost.
HEALTH PLANS m
Health Plans: Current regular or probationary employees hired bV the
District shall be provided with a choice of three health plans..-. Those
plans are Kaiser, Health Net HMO, and Health Net PPO. The premium
cost of the plans shall be borne by the District. However, employees
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Article V—Benefits
who select the PPO plan shall pay through payroll deduction the
difference in premiums between the PPO plan and the highest cost
HMO plan.
Benefits: The parties agree that in the event that federal health care
reform legislation becomes effective during the term of this Agreement
which calls for health and other benefits different, or under different
terms than those provided for in the Agreement, they will immediately
meet and confer for appropriate modifications.
Transition to CALIPERS Health: During the term of this MOU the
District will be transitioning to CALPERS Healthcare under the
Unequal/PEMCHA(Public Employees' Medical and Hospital Care Act)
minimum vesting schedule. Current regular or probationary employees
hired by the District shall be provided with health care options through
CalPERS.
Core Plans"—Effective upon the implementation of CalPERS. The
District agrees to pay the full monthly premium cost of the Kaiser
Permanente or Health Net SmartCare plan (the "Core Plans"for active
employees).
The District will pay the CalPERS minimum required contribution
amount toward the employee's health care coverage directly to
CalPERS in accordance with CalPERS requirements. The District will
make a contribution for the remaining amount(that portion of the
District's contribution that exceeds the CalPERS minimum required
contribution)to the District's Code Section 125 cafeteria plan for
employees to allocate toward the cost of their health care benefits. If
an employee selects any other plan that is offered by CalPERS that
exceeds the cost of either of the Core Plans, the employee must pay
the difference in premiums between the highest cost Core Plan and the
plan he or she selects. If the selected plan is less than either of the
core plans, employees shall not be reimbursed the difference.
If CaIPERS no longer offers the Core Plans that the District has
designated above, the parties agree to meet and confer to determine
which plans will be designated as Core Plans.
Vision Coverage: District shall provide fully paid vision benefits for all
employees and qualified eligible dependents.
Continuance of Benefit Plan: The District shall have a program,
which provides a continued degree of responsibility to the employee
upon retirement and to the dependents of a deceased employee.
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Article V—Benefits
Tier I
Employees hired by the District prior to May 1, 1985 shall be covered
by medical, dental, and reduced life insurance plans (one-half of the
life insurance provided at time of retirement for employees hired before
May 1, 1985)when they retire from District employment provided that
they meet the "Rule of 65." Under the "Rule of 65"an employee's age
plus years of service with the District at the time of retirement must
total 65, with a minimum requirement that the employee must be at
least age 50 and have at least ten (10)years of continuous service with
the District at the time of retirement. Eligible employees' qualified
dependents (as defined by the plan provider)who were covered as
dependents at the time of retirement also shall be covered by medical
and dental plans.
Tier II
Employees hired after May 1, 1985 but before April 19, 2003 shall be
covered by medical and dental plans when they retire from District
employment provided that they meet the "Rule of 65." Under the "Rule
of 65" an employee's age plus years of service with the District at the
time of retirement must total 65, with a minimum requirement that the
employee must be at least age 50 and have at least ten (10)years of
continuous service with the District at the time of retirement.
Employees hired after April 18, 2003, who have reached age 55 and
have a minimum of ten (10)years of continuous service with the
District at the time of retirement, shall be covered by medical and
dental plans when they retire from District employment. The District
shall only pay for the full cost of an eligible retired employee's medical
and dental plan premiums until the retired employee's 65th birthday. At
age 65, the retired employee shall pay the District fifty(50%) percent of
the cost to the District for the employee's medical and dental coverage.
Eligible employees shall be provided with reduced life insurance
($10,000)when they retire from District employment. Eligible
employees' qualified dependents (as defined by the plan provider)who
were covered as dependents at the time of retirement also shall be
covered by medical and dental plans with the exception that the District
shall only pay for the full cost of an eligible dependent's medical and
dental plan premiums until the eligible dependent's 65th birthday. At
age 65, the eligible dependent shall pay the District fifty percent(50%)
of the cost to the District for the eligible dependent's medical and
dental coverage.
Tier III
Employees hired after June 30, 2009 shall be covered by medical and
dental plans when they retire from District employment provided that
they meet the"Rule of 70." Under the "Rule of 70," an employee's age
plus years of service with the District at the time of retirement must
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Article V—Benefits
total 70, with a minimum requirement that the employee must be at
least age 55 and have at least ten (10)years of continuous service with
the District at the time of retirement. For those employees hired on or
after June 30, 2009, the District shall only pay fifty (50%)of the
premium cost for the lowest cost medical plan for the retiree and
spouse. For Tier III employees hired on or after April 18, 2013, the
District shall only pay fifty(50%) of the premium cost for the lowest
cost dental plan for the retiree and spouse. Eligible employees'
qualified dependents (as defined by the plan provider)other than the
employee's spouse who were covered as dependents at the time of
retirement also shall be covered by medical and dental plans with the
exception that the employee shall pay the full cost of coverage for
those dependents. Tier III retirees and dependents are ineligible for life
insurance.
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Article V—Benefits
Miscellaneous
At the time of an eligible employee's retirement, all qualified
dependents (as defined by the plan provider)who already were
dependents at the time of retirement, shall continue to be covered by
the District's medical and dental plans in accordance with the Tier I,
Tier II, and Tier III benefits as stated above. Dependents of retirees
under Tier III are not covered by the District's medical plan, unless the
retiree chooses to reimburse the District for the cost to cover the
dependent. The District shall have no obligation to pay for coverage for
more than two-party (retiree plus one) coverage for any new and
different dependent added after the date of retirement age.
The medical coverage for eligible retirees after age 65 will be
integrated with Medicare for all eligible retirees regardless of when they
were hired and eligible dependents upon their 65th birthday. If the
retiree's/dependent's health plan requires enrollment at age 65 in
Medicare Part B, the retiree and/or dependent shall be responsible for
pang for the Medicare premiums. For Tier I and Tier II, upon
submission of evidence of payment to Medicare, the District will
reimburse the retiree and/or dependent for the cost of the Medicare
premiums. For Tier III, the District shall not reimburse any Medicare
premiums. For all tiers, the District will not be responsible for any
penalties or increased costs in the Medicare premium should the
employee and/or eligible dependent not enroll in Medicare during the
enrollment period surrounding his/her 65th birthday.
The program for dependents of a deceased employee shall provide for
health and dental benefits for the length of that employee's total
service with the District (in other than temporary status), or until such
time that the spouse remarries, or until such time that the dependents
no longer qualify for benefits as stated by the District's policies.
RETIREE HEALTH AND WELFARE BENEFITS UPON TRANSITION
TO CALIPERS:
Retiree Benefits: Employees are eligible for retiree medical benefits
through CalPERS provided that they retire from the District within 120
days of separation from the District and begin receiving a retirement
allowance from the Contra Costa County Employee's Retirement
Association.
For employees who do not meet the eligibility requirements as outlined
in Tiers I, II, and III, the District will only pay the minimum employer
contribution that CaIPERS requires toward medical coverage upon
retirement from the District. The District will pay the CaIPERS minimum
required contribution amount toward a retiree's health care coverage
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Article V—Benefits
directly to CalPERS in accordance with CalPERS requirements.
For those employees that are eligible for Tier I, II, or III benefits, the
District will pay the CalPERS minimum required contribution amount
toward the employee's health care coverage directly to CaIPERS in
accordance with CalPERS requirements. The District will contribute
any amount that exceeds the CalPERS minimum required contribution,
in accordance with the employees' Tier, to a retiree-only Health
Reimbursement Account.
Tier I: Employees hired by the District prior to May 1, 1985 will be
covered by medical, dental, vision and reduced life insurance plans
(one-half of the life insurance provided at time of retirement). The
District will pay more than the minimum employer contribution that
CalPERS requires toward the cost of the retiree's coverage, if the
employee meets the"Rule of 65". The Rule of 65 requires that an
employee's age plus years of service with the District at the time of
retirement total 65 with a minimum age of 50 and minimum of ten years
of continuous service. If an employee meets the Rule of 65, effective
upon the ratification of the MOU and the implementation of CalPERS,
the District agrees to pay the full monthly premium cost of the Kaiser
Permanente or Health Net SmartCare plan (the "Core Plans"for active
employees). Eligible employees' qualified dependents (as defined by
the plan provider)who were covered as dependents at the time of
retirement also shall be covered by medical and dental plans.
Tier 11: Employees hired after May 1, 1985 but before April 19, 2003 will
be covered by medical, dental, vision and reduced life insurance plans
($10,000). The District will pay more than the minimum employer
contribution that CalPERS requires, if the employees meets the "Rule
of 65". The Rule of 65 requires that an employee's age plus years of
service with the District at the time of retirement total 65 with a
minimum age of 50 and minimum of ten years of continuous service. If
an employee meets the Rule of 65, effective upon the ratification of the
MOU and the implementation of CalPERS, the District agrees to pay
the full monthly premium cost of the Kaiser Permanente or Health Net
SmartCare plan (the "Core Plans"for active employees).
Employees hired after April 18, 2003 will be covered by medical,
dental, vision and reduced life insurance plans ($10,000). The District
will pay more than the minimum employer contribution that CaIPERS
requires if they have reached a minimum age of 55 and have a
minimum of ten (10)years of continuous service.
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Article V—Benefits
At age 65, the District will pay 50% of the retiree's chosen Core Plan
premium, or the minimum employer contribution that CaIPERS
requires, whichever is greater. The District will also pay 50% of the
cost of the retiree's dental and vision coverage. At age 65, the District
will pay 50% of a retiree's eligible dependent's core medical, dental
and vision plan premiums. Eligible employees' qualified dependents
(as defined bV the plan provider)who were covered as dependents at
the time of retirement also shall be covered bV medical and dental
plans with the exception that the District shall only pay for the full cost
of an eligible dependent's medical and dental plan premiums until the
eligible dependent's 65th birthday. At age 65, the eligible dependent
shall pay the District fifty percent (50%) of the cost to the District for the
eligible dependent's medical and dental coverage.
Tier III: Employees hired after June 30, 2009 will be covered by
medical, dental, and vision plans. The District will pay more than the
minimum employer contribution that CaIPERS requires toward the cost
of the retiree's coverage, if the employee meets the "Rule of 70". The
Rule of 70 requires that an employee's age plus years of service with
the District at the time of retirement total 70 with a minimum age of 55
and minimum of ten years of continuous service. If an employee meets
the Rule of 70, the District will pay 50% of the monthly premium cost of
the retiree's chosen Core Plan, or the minimum employer contribution
that CaIPERS requires, whichever is greater. The District will also pay
50% of the core medical plan premium for the retiree's spouse or
domestic partner. The District will not pay for any coverage for other
dependents of the retiree.
The District will pay 100% of the premium cost for dental for the retiree
and spouse or domestic partner until they each reach the age of 65. At
age 65, the District will pay 50% of the cost for dental coverage for the
retiree and the spouse or domestic partner. For Tier III employees
hired on or after April 18, 2013, the District will pay 50% of the
premium cost for dental coverage for the retiree and spouse or
domestic partner upon retirement.
"Core Plans"for those retirees under the age of 65 are Kaiser
Permanente and Health Net SmartCare. For those retirees age 65 and
older, the Core Plans are Kaiser Senior Advantage and United
Healthcare. If a retiree selects any other plan offered by CaIPERS that
exceeds the cost of any of the Core Plans, the retiree must reimburse
the District the difference in premiums between the highest cost Core
Plan and the plan he or she selects. If the selected plan is less than
either of the core plans, employees shall not be reimbursed the
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Article V-Benefits
difference.
Medicare: The medical coverage for retirees and their eligible
dependents will be integrated with Medicare (Tier I, II, and III)at age
65. For Tier I and II retirees, upon submission of evidence of payment
to Medicare, the District will reimburse the retiree and/or dependent for
the cost of the Medicare (Part A and/or B) premiums. However, the
District will not be responsible for any penalties or increased costs in
the Medicare premium should the employee and/or eligible dependent
not enroll in Medicare during the enrollment period surrounding his/her
65th birthday. For Tier III, the District will not reimburse any Medicare
premiums.
The District will make a contribution to a Health Reimbursement
Account(HRA) equal to the cost of the Medicare reimbursement based
on the eligible Tier.
Survivor Benefits: Qualified dependents of a deceased
employee/retiree will be eligible for the continuance of health and
dental benefits at the same level as the retiree unless the dependents
are no longer eligible under District or CalPERS rules, regulations or
policies.
Health Reimbursement Account: For all active Tier II I employees,
effective upon the transition to the CalPERS health, the District shall
contribute 1.5% of base salary to a Health Reimbursement Account
(HRA)to be utilized by employees to pay for eligible medical expenses
post-retirement.
Prior to January 1, 2019, the District shall convene a Labor
Management Committee comprised of members of both District
Management and representatives of Local #1 and MS/CG to develop
and finalize the plan design and to select a vendor to administer the
HRA.
Current regular Jar er preha+ienary a pleyees shall honyi deed with a
eheiee of throe health plans As of the daRte of this Agreement these
plane• are Kaiser a Health Net W5.40- an.-1 a Health Net DD(1 In the
event these plans heeew,e unavailable due to unfereseen
GOFG rns+anees the parties agree+e meet and eenfer as seen as
possible o negotiate the 8ffe6tc of any SUG l Cilua rnr"gc• The prernium
nes+of the plays shall he heme by the Dis+ris+ Heweaer a pleyees
hired after june 30,2909 who selec the PPO rshall t ^
payroll ded Uetien the d'#erenee in prerniums between the PPO plan
and the highest ees+ Harm plan Effective L ly 1, 2013, all a pleyees
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Article V-Benefits
whe select the PPO plan shall pay through payroll ded uo+ion the
difference in prerniums between the PPQ plan and the highest cos+
HMO plan.
The parties agree that in the event that federal health oare reform
legislation her.emes effeotiv a during the term of this Agreement who
palls
fie:health anr+ other benefits different nder different terms
than those provided for in the Agreement, the parties will immediately
meet and genfer fer appropriate merdifioa+iens
The Distri..+'s health plans a uhiest to sontraGt ual changes initiator+
b and a+the sole r+isgretien of the health plan p � ider(s\ Changes
oy-urrvuc-crt�vv�c-arvcr��rrc��ca cr\�-vrrurtgco
initiated by the p vider(s) a not suhieot to the District's g
rievanGe
p�ronGeduFe. Gemplain+s r aiding these changes a e to he diree+ed to
the health plan provider(s). The D*strio+agrees to meet and oonfer..d+h
representatives of MS/CG with regard to a majer changes initiated
b the pyiderls\
MILEAGE REIMBURSEMENT
The District-wide mileage allowance for the use of personal vehicles on
District business shall be paid as allowed by the IRS without tax
consequences.
RETIREMENT
The District shall provide a retirement program for all employees
covered under this Memorandum of Understanding.
District employees who were members of the Retirement Association
on or prior to March 1, 1973, and who have vested thirty(30)years
service in the Retirement Plan are not required to make any further
contributions to the Retirement Plan.
Those District employees so qualifying shall be entitled to receive a
cash supplement to their compensation equivalent to, and in lieu of,
any District payment as may be granted and made as a portion of
employee retirement contributions to the retirement program.
Employees Will Gen+inue +o Gen+rib to to the a pleyee r�os+_of_li�dng
(GQL=) share of the retirement system a red by the Gen+ra (`os+a
County Employees Retirement Asso6a+ion /CCCCDA\
Employees are responsible for paving the full share of the normal costs
associated with the employee share as calculated by Contra Costa
County Employees Retirement Association (CCCERA).
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Article V-Benefits
in addition, effective Apr'! 18, 2012, employees shall contribute 1.25%
ble +ion toward the employee rate. The
6f�^eR.s�'r^v^rrvn' r�cArrrpeR.s�'i el�prvyc�peF1Sf9"m-'cm—.—rrrc
payment of the first 1.251% of pensionable n sation teward the
employee nen+ribu Lien rote of their pension honk to April 19, 2012 shall
ply only to a pleyees still employed at the time the BeaFd a
ppFev
this MO I and shall not apple to any District payments with r en++e
Hncentiye pays, evertime, Gash_eu is er other types of pay e
nempensa+ion other than wage already provided by the Dio+rin+ p or+o
EfFen+iye April 18 201 ��
pleyees shall nen+rib +e an additional
1.25-% (for a total of 2.594)of pensionable compensation toward the
employee pension ate
Cffee+iye April 18, 201 F employees shall contribute a additional
1.25% (for a totaof 3.75%) of pe able n satien teward the
empleyee pensien ate
Effen+iye April 182016employees shall non+ribu tea addi+ienal
1.25% (fer a total of 5.0%)of pensionable n satien teward the
empleyee pension ate
Effen+iye April 18, 2017, a pleyees shall pay the entire empleyee
toward rate toard +hir pension based en their one at time of hire o
nalnUdated and rle+errpiped by CCCCRA unless a pFiar yeaF en+ribs Lien
obligation already brought employee to the full employee share.
SAFETY EQUIPMENT
The District will provide safety glasses from a District-designated
supplier for those employees required to wear them.
Employees regularly exposed to foot injuries are required to wear
safety shoes. Employees who are periodically exposed to foot injuries
are advised to wear safety shoes. Employees will be informed by their
immediate supervisor whether or not they are required to wear safety
shoes.
Employees who are either required or advised to wear safety shoes
shall be provided one (1) pair of safety shoes by the District from a
District-designated supplier at a cost not to exceed $ 230 per pair
of safety shoes plus replacement if shoes become unusable while
performing District business.
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Article V-Benefits
Safety shoes requiring replacement shall be turned in to the
employee's immediate supervisor who makes the appropriate
determination as to their replacement and notifies the respective
Division Manager and then the employee on how to proceed with shoe
replacement.
TERM LIFE INSURANCE PLAN
For current regular or probationary employees hired by the District prior
to May 1, 1985, the District shall provide a term life insurance policy
equal to two (2)times the employee's annual salary at Step E to a
maximum of$75,000. For regular or probationary employees hired by
the District after May 1, 1985, the District shall provide a term life
insurance policy equal to one (1)times the employee's annual salary at
Step E to a maximum of$75,000.
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Article VI—Recruitment and Classification
CLASSIFICATIONARTICLE VI—RECRUITMENT AND
APPOINTMENT OF RELATIVE
or— 4W
Members of the immediate family of elected or appointed officials shall
not be appointed to District employment.
Members of the immediate family of employees other than spouses
and registered domestic partners shall not be appointed to the same
division, nor shall be transferred, promoted, or demoted into the same
division, or be placed in a position as to evaluate a relative or be in the
same line of supervision.
Spouses and registered domestic partners shall not be appointed,
transferred, promoted or demoted into a position in which there would
be either(a) a direct supervisory relationship between the couple or(b)
where there would exist a significant and likely potential for creating an
adverse impact on supervision, safety, security, morale or efficiency. If
an existing District employee marries or enters into a registered
domestic partnership with another existing District employee that would
cause either(a)or(b). Under either of these circumstances, the
General Manager or designee shall either(1) redefine the duties of the
employees involved to avoid a supervisory relationship or eliminate the
significant and likely potential for creating an adverse impact on
supervision, safety, security, morale or efficiency or(2)transfer one
spouse/domestic partner to a similar position. The District will provide
notice to MS/CG and the opportunity to comment prior to taking either
of these two actions.
Immediate family members are defined as mother, father, brother,
sister, son, daughter, spouse, registered domestic partner, in-laws by
marriage or registered domestic partnership, and grandparents.
This provision shall apply to all types of employment status including
temporary employees.
FILLING OF VACANT POSITIONS
When an opening occurs for a position that is not included in the
Personnel Advancement Policy, employees may compete on an
open/promotional basis. Employees must meet the minimum
qualifications to proceed through the recruitment and testing process.
of the 0pen position trio my.
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Article VI—Recruitment and Classification
At the conclusion of the formal recruitment and testing process
administered by Human Resources, an eligibility list of candidates will
be prepared. A District manager or his/her designated representative
will interview all candidates, in rank order, on the eligible list and will
make a selection amongst those candidates. and seleGt frgw, the
randoda+es en the eligibility list in the fellewing manner: the feur_hoghes+
ranking Itis+rig+o pleyees shall be ewerl and a eutside
candidates Cahn plane among the tap fe„r n rn dirla+es en the eligibility
list shall he 'Interviewed
The successful candidate, either internal or external, may be appointed
at any step of the salary range of the classification. If placement is
above Step A, justification for advanced placement must be approved
b the he respective Department Director and Human Resources.
In the event that a vacancy occurs or exists and the possibility of
layoffs exists due to the elimination of a position or positions,
management may limit recruitment. The District agrees to notify the
Management Support/Confidential Group of this occurrence, and the
parties agree to meet and confer.
LATERAL TRANSFERS
All individuals eligible (in the same classification), who are not on
probation, and who submit applications to the Human Resources Office
will be interviewed by the Department Director or his/her designated
representatives when a vacancy exists and will be considered prior to
any other recruitment activity.
PROBATIONARY PERIOD
The probationary period for members of Management
Support/Confidential Group who are reclassified for any reason is six
months.
RECLASSIFICATION REQUESTS
The District is responsible for determining the methods, means, and
personnel by which District operations are conducted including, but not
limited to, classifying and reclassifying personnel. If an employee has
reason to believe that his/her duties and responsibilities are being
performed outside of the employee's class description so as to justify a
reclassification, the employee may submit that evidence in writing,
through his/her Department Director to the Human Resources
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Article VI—Recruitment and Classification
Manager. Upon receipt of the request, the Human Resources Manager
shall evaluate the written request with the Department Director and
render an appropriate recommendation. If the recommendation is that
a reclassification is appropriate, then that recommendation shall be
submitted to the Board of Directors for consideration. However, if the
recommendation is that further information is needed or the
reclassification is not clearly justified, the Human Resources Manager
will set up a three to five member panel comprised of management
team members to consider the reclassification request. The employee
shall be able to make a written and verbal justification to the panel. A
consultant, specializing in classification studies shall be retained to
evaluate the reclassification request and advise the panel. The panel
shall be overseen by the Human Resources Manager. If the
determination of the panel is that reclassification is inappropriate, that
determination shall be final and not subject to grievance. If the
recommendation of the panel is that reclassification is appropriate,
then that recommendation shall be submitted to the Board of Directors
for consideration.
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Concluding Provisions
DISCIPLINARY PROCEDURE
The District and MS/CG agree to follow the disciplinary procedures as
stated in the Local One Memorandum of Understanding unless the
parties agree to other procedures as determined on a case-by-case
basis.
A.1. Disciplinary Action:
a. General
The District's disciplinary procedure is intended to advise the
employee of less than satisfactory behavior or actions on the
job, and it is intended to be used as a corrective measure for
improvement. The District shall use progressive steps in the
disciplinary procedure as follows: verbal warnings with
discussion records, written reprimands, suspension, and
reduction in rank and/or pay. Notwithstanding the above, the
disciplinary measures shall be commensurate with the offense
or the continuation of offenses, which the employee is
charged.
b. Grounds for Discipline
1. Discourteous treatment of the public or fellow employee
including discrimination and harassment that is detrimental
to the function of the District.
2. Drinking of intoxicating beverages or use or possession of
illegal or unprescribed drugs on the job; or arriving on the
job under the influence of such beverages or drugs; or
providing or soliciting intoxicating beverages or illegal or
unprescribed drugs to or from others while on District
premises or on the job; or failure to successfully complete a
treatment program as agreed to by the District and the
employee in lieu of disciplinary action; or failure to comply
with the terms of any return-to-work agreement between the
District and the employee. An employee who fails to
successfully complete treatment or counseling shall be
subject to the previously proposed disciplinary action. If the
employee successfully completes the program, the
previously proposed disciplinary action shall not be
imposed. See Article VII, Substance Abuse.
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Concluding Provisions
3. Habitual absence or tardiness
4. Abuse of sick leave
5. Disorderly conduct
6. Incompetency or inefficiency
7. Violation of any lawful or reasonable regulation or order
made and given by an employee's supervisor;
insubordination
8. Dishonesty
9. Violation of District safety rules and regulations
10. Failure to perform duties
11. Misconduct
12. Storage, carrying or use of firearms or other items
traditionally considered lethal weapons on District property.
13. Loss of required valid California Driver's License in
accordance with Article VII.
14. Driving a District vehicle without a valid California Driver's
License.
c. Written Notice
All acts of discipline will be documented by a written notice to
the employee stating the reasons and grounds for such
discipline. The employee must acknowledge receipt of the
warning by signing the same at the time of presentation; this
signature signifies only receipt of the document, not
necessarily agreement to the contents thereof. If employee
refuses to sign, such will be noted on the form. The District
shall notify the employee and the Union in writing within thirty
(30)days of the discovery of the incident that discipline may
result due to the incident. The parties may agree to extend the
time to provide such notice.
All records of discipline shall remain a part of the employee's
personnel file for a period of three years, assuming no
continuation of a similar offense. All disciplinary records which
are removed from the employee's personnel file after three
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Concluding Provisions
years shall be maintained in a separate file by the District
Human Resources Manager to be used only in matters
involving discrimination, litigation complaints or charges, and
grievances alleging disparate treatment.
d. Human Resources Manager
Any offense warranting disciplinary action, with the exception
of suspension with pay, is to be cleared through the Human
Resources Manager prior to any action being taken in order to
ensure conformity with rules and procedures.
e. Content of Notice
After review and discussion with the Human Resources
Manager, any disciplinary action which may result in
suspension without pay shall be set forth, in writing, to the
employee at least five-(5)ten 10 working days before the
proposed effective date or dates. All notices of proposed
action shall be personally served or be mailed by certified mail,
return receipt requested, to the last known address of the
employee(s). This notice shall be prepared by the Department
Director after consultation with the Human Resources
Manager and shall contain the following:
1. A description of the proposed action and its effective date
or dates, and the ordinance, regulation, or rule violated.
2. A statement of the acts or omissions upon which the action
is based.
3. A statement that a copy of any available materials upon
which the action is based is attached. This does not
preclude either party from utilizing additional information if
the matter should be appealed to the Board. However, this
additional material shall be made available at least ten (10)
working days before the date of appeal to the Board.
4. A statement advising the employee of the right to seek
representation and to request a hearing as provided herein.
A.2. Dismissal of An Employee
a. General
During his/her probationary period, an employee may be
dismissed without cause by the Board, the General Manager,
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Concluding Provisions
or his/her Department Director with the approval of the General
Manager. This discharge is at the sole discretion of the District
with no recourse under the grievance or appeals provision.
A regular employee may be dismissed at any time by the
Board of Directors, the General Manager, or his/her
Department Director for cause with the approval of the General
Manager as stated herein.
If a promoted, regular employee is found to be unable to
adequately perform under the increased responsibility of the
new position during the probationary period, the employee
shall be demoted back to the previously held position. No other
employee in a permanent position shall be displaced by this
action.
b. Sufficient Cause for Dismissal
1. Conviction of a felony. (The District will consider the felony
conviction in light of the employee's job duties performed.)
2. Fraud or misstatement of qualifications in securing
employment.
3. Misappropriation of District funds or property.
4. Intentional or gross misconduct.
5. Failure to respond or improve as specified in Article VII,
Section A.1.b. (1-14), or continued behavior as specified in
Article VII, after an evaluation or corrective action plan has
failed to produce an improvement in the workers'
performance.
6. Incapacity due to mental or permanent physical disability.
7. Gross violation of District safety rules and regulations.
8. Three consecutive days' absence without notice to the
District shall be deemed sufficient cause for dismissal
providing the employee fails to show satisfactory cause for
such action.
9. Loss of required valid California Driver's License in
accordance with Article VII.
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Concluding Provisions
c. Notice of Dismissal
After review and discussion with the Human Resources
Manager, all regular employees shall be provided with a notice
of dismissal at least five (5)working days prior to the effective
date. This notice shall be prepared by the employee's
Department Director after consultation with the Human
Resources Manager and shall contain the following:
1. A description of the proposed action and its effective date
and the ordinance(s), regulation(s), or rule(s)violated.
2. A statement of the acts or omissions upon which the action
is based.
3. A statement that a copy of any available materials upon
which the action is based is attached. This does not
preclude either party from utilizing additional information if
the matter should be appealed to the Board. However, this
additional material shall be exchange between the parties
at least ten (10)working days before the date of appeal to
the Board. Furthermore, no material shall be based upon
hearsay; it must be directly related to the original charges
and it shall not be based on events more than three (3)
years old, in accordance with Article VII, Section A.1.c.,
Written Notice.
4. A statement advising the employee of the right to seek
representation and to file an appeal as provided herein.
A.3 Fair and Impartial Hearing For Disciplinary Action and
Dismissal of Employees
a. Procedure
A regular employee upon receipt of a notice of dismissal,
demotion, or suspension may appeal, in writing, to the General
Manager within ten (10)working days of the date of the
notification. The General Manager may overturn, affirm, or
modify such decision, and then the General Manager shall
schedule a fair and impartial hearing. The General Manager
shall appoint the Director of Finance and Administration to act
as the Hearing Officer or, if it has been determined that a
conflict of interest exists, or in his absence, another
Department Director may be appointed. In either case, said
hearing shall be scheduled within thirty(30)working days. At
this hearing the employee may answer the charges against
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Concluding Provisions
him/her, present any mitigating evidence, or otherwise respond
to the Notice of Dismissal. The Hearing Officer shall issue
his/her opinion and decision within twenty(20)working days of
the hearing. The Hearing Officer may, based upon the
evidence presented at the hearing, concur with the Department
Director's action, recommend a less severe disciplinary action,
or order the employee reinstated with full back pay and
benefits.
b. Appeal to Board of Directors
Regular employees dissatisfied with the Hearing Officer's
decision, only in matters relating to suspension, reduction in
rank or pay or dismissal, may appeal to the Board of Directors
pursuant to the procedures set forth herein.
A.4.Appeal
a. General
An employee, except at provided in Sections 4-410, 4-411, 4-
412, and 4-415 in Chapter Four of the District Code, may
appeal the Hearing Officer's decision by appealing to the
Board via filing a written request for hearing with the Secretary
of the District within ten (10)working days of receipt of the
Hearing Officer's decision. The Secretary shall calendar the
matter at the next regularly scheduled Board meeting in
keeping with established guidelines for calendaring an agenda
item.
b. Board Shall Designate A Representative to Hear Appeal
The Board shall employ a neutral third party to hear the appeal
and to recommend action to the Board. Except in cases where
MS/CG is not involved in the appeal, the cost of the hearing
shall be shared equally between the District and MS/CG,
including the fees of the neutral third party and a court reporter
or stenographer. Cancellation fees shall be the responsibility of
the moving party.
c. Adopt or Modify Recommendation
The Board may adopt, reject or modify the recommendation of
the Board-appointed neutral third party. The decision of the
Board is the final action of the District.
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Concluding Provisions
DRIVER'S LICENSE REQUIREMENTS
Employees required by their classification to possess a valid Class A,
B, or C driver's license must report the suspension or revocation of the
driver's license to Human Resources within 24 hours of a conviction or
the next working day.
In positions where possession of a valid California driver's license is
mandatory, the revocation or suspension of that employee's license
may result in disciplinary action up to and including suspension,
demotion, or termination.
Employees must report all citations received in a District vehicle before
the end of the workday or at the start of the following workday for
citations received outside of the District's regular work hours. Parking
tickets are excepted.
GRIEVANCE PROCEDURE
It shall be the policy of the District and the MS/CG to develop and
practice reasonable and effective means of resolving difficulties, which
may arise among employees, to reduce potential problems, and to
establish channels of communication.
The grievant may elect, in writing, to represent himself/herself rather
than have the MS/CG provide representation. If the grievant elects to
represent himself/herself at this step, or at any later step, the MS/CG
shall be relieved of any further obligation of representation and shall be
relieved of any obligation to share in any further expense of the
grievance procedure. No resolution shall be inconsistent with the terms
of this Agreement.
Matters Subject to Grievance
Any complaint an employee has concerning the interpretation or
application of rules, regulations, policies, or procedures governing
personnel practices, working conditions, wages, hours, and other terms
and conditions of employment.
Matters Not Subject to Grievance
The District's policies, rules, and regulations as such; a rating as given
in an Employee Performance Appraisal; the Disciplinary and
Termination Actions as outlined in the District's Discipline Policy and
Procedures; classification; and contractual changes in health plans
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Concluding Provisions
initiated by and at the sole discretion of the health plan providers.
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Concluding Provisions
Procedure
Step One: The grievant shall, within fifteen (15)working days,
from when the employee knew of the occurrence, present and
discuss any difference or grievance with his/her immediate
supervisor. Both the grievant and his/her supervisor shall
make a bona fide effort to amicably settle such differences.
The supervisor shall respond within fifteen (15)working days
after the final meeting with the grievant. If, after this response,
the grievant does not believe the problem has been
satisfactorily resolved, then the grievant shall have the right to
proceed to Step Two of this procedure within five (5)working
days after receipt of the supervisor's written response.
Step Two: In the event such differences are not settled and
the grievant desires the grievance to be considered further, it
shall be presented, in writing, within five (5)working days by
the employee involved, and/or his/her representatives to the
grievant's Department Director. The written grievance shall set
forth (a)the MOU section, rule, regulation, policy or procedure
allegedly violated, (b) a brief summary of how and when it was
allegedly violated and (c)the requested remedy. A grievance
meeting will not be denied solely based on the remedy
requested. A meeting shall be arranged by the Department
Director within five (5)working days of receipt of the written
grievance. The grievance shall be discussed with the grievant
and pertinent facts brought to light. The Department Director
shall respond, in writing, within fifteen (15)working days after
the final meeting rendering the decision.
Failure of the grievant to take further action within five (5)
working days after receipt of the decision will constitute
withdrawal of the grievance.
Step Three: In the event such differences are not settled at
Step Two and the grievant desires the grievance to be
considered further, it shall be presented, in writing, within five
(5)working days to the General Manager or his designated
representative who will discuss the grievance with the grievant,
his representative or representatives, and with other
appropriate persons within ten (10)days of receipt of the
grievance. The General Manager may designate a person, not
in the grievant's normal line of supervision, to advise him
concerning the grievance. A record may be maintained of
information presented. The General Manager shall render a
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Concluding Provisions
decision, in writing, to the grievant within twenty (20)working
days after hearing the grievance.
Failure of the grievant to take further action within ten (10)
working days after receipt of the General Manager's decision
will constitute withdrawal of the grievance.
Step Four: In the event such differences are not settled and
the grievant desires the grievance to be considered further, it
shall be presented, in writing, to the Secretary of the Board
within five (5)days of receipt of the General Manager's
decision. The Secretary shall calendar the agenda item at the
next regularly scheduled Board Meeting in keeping with
established guidelines for calendaring an agenda item.
The Board may employ a neutral third party to hear the matter
and recommend action to the Board. The Board may adopt,
reject, or modify the recommendation of the Board-appointed
neutral third party. The decision of the Board is the final action
of the District.
Miscellaneous Provisions
No grievant shall, at any stage of the grievance procedure, be required
to meet regarding the grievance with any supervisor or manager
without organizational representation, nor shall any supervisor or
manager be required to meet with the grievant regarding the grievance
without benefit of counsel or representation.
No waiver of time lines must be granted either party due to the lack of
available counsel.
In certain grievances, the first and/or second steps may be deleted if
the grievance arises out of an action by an authority above the level of
the grievant's supervisor. However, such grievances will begin at a
level no higher than Step 3 of this grievance procedure.
Failure at any step of this procedure to communicate the decision on a
grievance within the specified time limits shall permit the lodging of an
appeal at the next step of the procedure within the time allotted, had
the decision been given. Failure to appeal a decision within the
specified time limits shall be deemed a withdrawal of the grievance.
The time limits specified in this procedure may be extended, in any
specific instance, by mutual agreements, in writing.
The cost of the grievance arbitration shall be shared equally between
the District and the MS/CG, including the fees of the neutral third party,
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Concluding Provisions
a court reporter or stenographer. Cancellation fees shall be the
responsibility of the moving party.
Group Grievances
If the grievance involves employees with different immediate
supervisors, the grievance may be filed at the appropriate step of the
grievance procedure. However, such grievance will begin no higher
than Step 3 of this grievance procedure.
Employee-Processed Grievance
An employee covered by this Agreement may present a grievance
directly and have such grievance adjusted without intervention of the
MS/CG as long as the adjustment is not inconsistent with the terms of
this Agreement.
Grievance Witnesses
The District shall endeavor to make available for testimony in
connection with the grievance procedure reasonable requests for
District employees to appear when requested by the grievant, the
MS/CG, or the District. Any employee witnesses required to appear in
connection with this Article shall suffer no loss of normal pay but will
not receive any form of overtime compensation in connection with
his/her appearance.
Grievance Processing During Regular Working Hours
The grievant and his/her representative(s)shall normally be entitled
reasonable time to process a grievance during normal working hours
with no loss of pay or benefits, provided the grievant has the
permission of his/her supervisor. Such permission shall not be
unreasonably withheld.
Separate Grievance File
All materials concerning an employee's grievance shall be kept in a file
separate from the employee's personnel file, which file shall be
available for inspection only by the grievant, his/her representative,
with approval by the grievant and management, supervisory, and
confidential employees who can demonstrate a need to review the file.
LAYOFF
If the Board of Directors deems layoffs to be necessary, they will be
done in accordance with the layoff provisions in the District Ordinance
Code, Chapter 4. The District agrees to meet and confer with the
Management Support/Confidential Group on the effects of such layoff.
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PERSONAL AND DISTRICT PROPERTY
The District discourages the use or display of personal property not
required to perform an employee's job by an employee at work.
The storage, carrying, or use of firearms or other lethal weapons on
District property is strictly prohibited.
Most employees required to wear uniforms during working hours are
provided lockers by the District. Lockers are District property and may
be searched by management at any time without advance notice. If a
locker is to be inspected, and the employee is on the job-site, the
employee will be allowed to be present when the locker is inspected.
The District will be responsible for replacing damaged locks.
Any and all electronically-produced documents, including faxes, e-mail
or other forms of electronic communication, which are maintained,
kept, received or transmitted on District property are not confidential,
and are subject to disclosure and review at any time. Any matters
generated or received on District computers, and any documents
duplicated on District copiers or other equipment, also are subject to
search at any time whenever there is a reasonable justification for
search.
SUBSTANCE ABUSE
Employees who have dependency on alcohol or other controlled
substances are encouraged to voluntarily request counseling or
rehabilitation before their substance abuse leads to disciplinary or
work-related problems. In cases where an employee's alcohol or
controlled substances leads to disciplinary or work-related problems,
the District agrees to discuss and, in its sole discretion, consider
holding proposed disciplinary action in abeyance and referring the
employee to appropriate counseling or treatment. The District further
agrees that the employee will not be dismissed for the conduct that led
to his or her referral to treatment or counseling while actively and
successfully participating in such treatment or counseling programs,
subject to his/her compliance with District and departmental rules and
maintenance of acceptable job performance. However, an employee
who fails to successfully complete treatment or counseling or who
subsequently suffers a relapse shall be subject to disciplinary action.
An employee may have proposed disciplinary action held in abeyance
to participate in treatment or counseling only once during his or her
employment.
48
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Page 52 of 102
Concluding Provisions
CONCLUDING -• •
PAST PRACTICES
Should the District take action to change its practices in subjects within
the scope of meet and confer as specified in Government Code
Section 3500 et seq., which is not a part of this Agreement, the District
agrees to meet and confer before taking such action.
SIDE AGREEMENTS
Except as otherwise specifically provided herein, this MOU fully and
completely incorporates the understanding of the parties hereto and
constitutes the sole and entire agreement between the parties in any
and all matters subject to meet and confer. Neither party shall, during
the term of this MOU demand any change herein, provided that nothing
herein shall prohibit the parties from changing the terms of this MOU
by mutual agreement. Any past side letters or any other agreements,
excluding settlement agreements, that are not incorporated into or
attached to this MOU are deemed expired upon approval of this MOU
by the Board of Directors.
SAVINGS
If any provision of this Memorandum of Understanding should be held
invalid or outside the scope of bargaining by operation of law or by the
final judgment of any court of competent jurisdiction, the remainder of
this Memorandum of Understanding shall not be affected thereby.
TERM
This Memorandum of Understanding shall remain in full force and
effect from April 19, 2012December 18, 2017-through April 17, 2022.
ese.,-,her 17, 2017.
�
49
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Page 53 of 102
Concluding Provisions
SIGNATURES To AGREEMENT
Entered into this day of DeGernber 2 subject to the approval of
the respective parties.
CENTRALCONTRA COSTA SANITARY DISTRICT
Bruce Heid
Ann Sasaki
Phil Leiber
Teii O'Malley
CENTRALCONTRA COSTA SANITARY DISTRICT
MANAGEMENT SUPPORT/CONFIDENTIAL GROUP
Jim Bickert
Tim Potter
Paul Kelly
Roy Manes
Nancy Molina
50
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Page 54 of 102
Concluding Provisions
November 1, 2018 Regular Board Meeting Agenda Packet- Page 324 of 499
Page 55of102
SIDE LETTER AGREEMENT
Between
Central Contra Costa County Sanitary District
And
Management Support/Confidential Group
October 22, 2010
Article IV-Leaves (Sick Leave Incentive Benefit)
The parties agreed to interpret Article IV-Leaves (Sick Leave Incentive Benefit) of the MOU
dated December 18, 2017 through April 17, 2022 in a manner consistent with this Side Letter
Agreement.
"Beginning on April 17, 2022, any cash out of sick leave accruals shall be deducted from an
employee's sick leave accrual bank attime of retirement. Any remaining balance shall be
reported toContra Costa County Employees' Retirement Association (CCCERA) as retirement
service credit".
The parties' intent in negotiating this revision of Article IV-Leaves (Sick Leave Incentive Benefit)
was to eliminate an employee's receiving a cash-out payment for a portion of their sick leave
balance, and also receive service credit for these same hours.
Current Internal Revenue Service (|R5) regulations regarding Cash orDeferred Arrangements
(CODA) do not allow an employee the option to choose between a cash-out payment or apply
all nftheir sick leave balances toservice credit. The MOUlanguage asdrafted isconsistent with
current IRS regulations to the extent individual employees are not provided a choice of how
much sick leave would besubject tocash out.
The parties have a shared interest in allowing employees flexibility in application of sick leave
balances at the time of retirement, if these options are consistent with IRS CODA requirements
and C[[ERAregulations and guidelines. Tothat end, and noting that Article IV-Leaves (Sick
Leave Incentive Benefit) becomes effective April 17, 2022, the parties agree to meet no later
than November 1, 2021 to evaluate alternatives that would allow for greater employee
flexibility with regard tosick-leave cash Out at retirement consistent with IRS CODA
requirements.
FortheDistrict: CG
7�/~y
�OYZ-��/� \
November1. 2018Regular8oardMeeUngAgendoPaokot' Paga325nf499
-
Page 56 of 102
Preamble
MEMORANDUM
Of
UNDERSTANDING
between
tllie
Central Contra Costa
Sanitary District
and-hie
Management Support/
Confidential Group
December 18, 2017
through
April 17, 2022
1
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Preamble
RECOGNITION AND COVERAGE
The Management Support/Confidential Group, hereafter known as the
MS/CG, is the formally recognized exclusive employee representative
for all employees other than General Employees, Management
Employees, and Executive Management Employees. The MS/CG shall
represent all regular employees currently designated by Resolution of
the Board of Directors.
The determination for new and reclassified positions shall be in
accordance with the District's Employer/Employee Relations
Ordinance.
RIGHTS
The Board of Directors' representatives and duly appointed
representatives of the MS/CG will meet and confer in good faith. The
Board of Directors, or any agent thereof, agrees that there will be no
interference, restraint, or coercion against the MS/CG or against any
employee because of his/her group membership or group activity.
It is the intent and purpose of the parties hereto to promote
harmonious, economic, and industrial relationships between the District
and MS/CG and to affect the best possible service at the most effective
cost to the customers of the District. The District and MS/CG jointly
agree to perform faithfully the obligations imposed by this
Memorandum of Understanding, and furthermore, agree that the
provisions contained herein shall be recognized as the sole statement
of contractual rights and obligations between the two parties, except
however, that all rights, privileges, and benefits secured prior to this
agreement shall remain in full force and effect, except as may be
provided herein.
The District has the sole and exclusive right to determine the
consideration of the merits, necessity, or organization of any service or
activity provided by law or Executive Order. Additionally, the rights of
the District include, but are not limited to, the exclusive right to
determine the missions of its constituent departments and divisions;
set standards of services; determine the procedures and standards of
selection for employment and promotion; direct, classify, and assign its
employees; require overtime, when necessary, for operations of the
District; take disciplinary action; relieve its employees from duty
2
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Page 58 of 102
Preamble
because of lack of work or for other legitimate reasons; maintain the
efficiency of District operations, including, but not limited to, the
contracting or subcontracting of production, service, maintenance, or
other type of work performed by the District; determine the methods,
means, and personnel by which District operations are to be
conducted; determine the content of job classifications; take all
necessary actions to carry out its mission in emergencies; and exercise
complete control and discretion over its organization and the
technology of performing its work; provided, however, that the exercise
of such District rights shall not conflict with the express provisions of
this Memorandum.
NONDISCRIMINATION
There will be no discrimination by the MS/CG or the District or any
agent of either of them because of race, religion, color, national origin,
ancestry, marital status, age, gender, sexual orientation, physical or
mental disability, medical condition or political beliefs, consistent with
applicable state and federal law.
Discourteous treatment of the public or fellow employees including
discrimination and/or harassment that is detrimental to the function of
the District will not be tolerated. The offender(s)shall be subject to
disciplinary action as considered appropriate by the Department
Director.
Management Support/Confidential Group and the District agree to
comply with all provisions of the Americans with Disabilities Act
including reasonable accommodations for individuals protected under
the Act. The District shall meet and confer with the Management
Support/Confidential Group prior to any accommodation, which might
require an exemption from the Memorandum of Understanding. Any
specific accommodation by the Americans with Disabilities Act shall
not establish a past practice, nor shall it be cited as evidence of a past
practice in the grievance procedure.
3
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Page 59 of 102
Article I—Dues
ARTICLE I DUES
The District shall provide payroll deduction of dues for the MS/CG
employees, provided however, that a signed payroll deduction form is
executed by the employee specifying the amount to be deducted and is
in the Accounting Office by the fifteenth of the month prior to its
effective date. The monies withheld shall be turned over to the
treasurer of the MS/CG by the fifteenth of the following month.
4
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Page 60 of 102
Article II—Pay
ARTICLE 11 PAY
GENERALINCREASE
Effective August 18, 2018, employees'wages shall be adjusted by
3.75%. Effective April 18, 2019, April 18, 2020, and April 18, 2021,
employees' wages shall be adjusted by the change in the Consumer
Price Index (CPI)for all Urban Consumers (San
Francisco/Oakland/San Jose) during the most recently completed
February to February time period prior to the applicable April. If the
applicable CPI is less than 2%, than the salary increase will be 2%. If
the applicable CPI is greater than 3.75%, than the salary increase will
be 3.75%.The payment of the first wage increase back to August 18,
2018 shall only apply to employees still employed at the time the Board
approves this MOU and shall not impact any District obligation with
respect to incentive pays, overtime, cash-outs or other types of
compensation other than wage already provided by the District prior to
Board approval.
LONGEVITY COMPENSATION
Longevity Pay
A two and one-half(2'/2%) percent career service pay increase will be
granted to employees after ten (10)years of continuous employment
with the District.
An additional two and one-half percent(2.5%) career service pay
increase (for a total of 5%)will be granted to employees after twenty
(20)years of continuous employment with the District.
MEAL ALLOWANCE
Those called in who are not on stand-by, other than Operations
personnel, will receive a paid 60-minute meal break at or after four(4)
hours overtime worked. In addition, they will receive a $12.00 meal
allowance. Operations personnel will receive the meal allowance, but
not the paid meal break.
All employees other than Operations personnel who work in excess of
four(4) hours after completion of the first meal period will be entitled to
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Article II—Pay
a second meal period and payment of$12.00. Operations personnel
will receive the meal allowance, but not the paid meal break. Meal
periods and meal allowances will be paid only for overtime hours and
will not be paid for scheduled working hours. The paid meal period
includes cleanup time. Receipts will not be required for meal
allowances.
MERIT INCREASES
Employees normally receive a salary range increase upon satisfactory
completion of their Probationary Period and a merit increase of one
salary step every twelve (12) months from the date they achieve
permanent status until they reach the top of their range. This merit
increase shall only be withheld based upon an unacceptable overall
evaluation rating as noted in an Employee Performance Appraisal
Form. During the term of this Memorandum of Understanding, the
District shall use the Employee Performance Appraisal Form.
MINIMUM CALL BACK PAY
An employee not on Standby but who is called back to work shall be
compensated at time and one-half for a three (3) hours' minimum for
each call, time and one-half for the actual time worked, whichever is
greater. The allowance for travel time shall be thirty (30) minutes each
way and shall be added to actual time worked.
OUT-OF-CLASS PAY
Employees assigned to work in a higher classification in the absence of
their supervisor shall receive a minimum of one salary step after one
continuous week in the higher classification. When a supervisor is
absent for one or more continuous weeks and where more than one
employee is assigned the supervisor's responsibilities at different times
during the absence, which may be less than one week per employee,
then those employees shall receive a minimum of one salary step for
the actual hours worked in the higher classification.
OVERTIME ACCUMULATION
Compensation for overtime work shall be paid at the next pay period,
or the time and one-half hours may be accumulated as "Earned
Overtime,"to a maximum of forty(40) hours. Earned Overtime in
excess of forty(40) hours will be paid out in cash. There will be a limit
of eighty (80) hours of Earned Overtime taken off per year Exceptions
to this limit for bona fide family emergencies shall be considered by the
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Article II—Pay
District on a case-by-case basis. When required to maintain the
operations of the District, the District may require overtime.
PAYCHECK DISTRIBUTION
The District shall distribute paychecks directly to the employee on the
last regular District working day of each month. However, if the
employee so elects, distribution may take place at the employee's
written request by direct deposit to any financial institution accepting
electronic wire transfer from the Federal Reserve Bank.
PROFESSIONAL REGISTRATION
The District shall pay the registration and renewal fees for professional
registered engineers, licensed land surveyors, and those employees
who hold a current California Wastewater Treatment Plant Operator's
Certificate where the registration and/or certificate is a requirement of
the employee's classification.
REGISTRATION OR CERTIFICATION DIFFERENTIAL
The District shall grant a one-step salary increase to full-time, regular
employees while employed at the District as a Professional Engineer,
Land Surveyor, Certified Public Accountant or Certified Management
Accountant who have achieved their registration or a license in
positions where the registration or license is not required. Such an
increase shall be limited to one registration or certification per
employee and be subject to the employee's demonstrated ability to
assist in the accomplishment of District activities requiring a level of
skills and importance normally expected from a person with such
registration or license.
PAY UPON PROMOTION
A promotion shall result in pay at least one full step greater than
received prior to the promotion, taking into account any registration or
certification differentials received prior to promotion.
CLASS A/CLASS B DRIVER'S LICENSE
The District shall pay the difference in cost between Class C Driver's
License and Class A/B Driver's License for an employee who must
renew or obtain his/her Class A/B California Driver's License. The
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Article II—Pay
District shall provide a vehicle to take the examination for the Class A
or B License.
Employees who are required and assigned by the District to hold a
Class A or Class B commercial driver's license will receive $75.00 per
month. The $75.00 is not included in the employee's base pay. It will
be paid only for time when the employee is in active status and not on
a leave of absence. The $75.00 will not be paid for any time in which
the employee is unable to drive a District vehicle that requires a Class
A or Class B commercial driver's license, such as when the license has
been revoked, suspended, restricted, the employee is on a leave of
absence, etc.
SHIFT DIFFERENTIALS
Night Shift Differential
Night Shift Differential applies only to employees who are regularly
scheduled to work night shift. The rate of pay for the Night Shift
Differential is determined by increasing the basic hourly salary for the
job by seven and one-half(7 '/z%) percent.
Swing Shift Differential
Swing Shift Differential applies only to employees who are regularly
scheduled to work Swing Shift. The rate of pay for the Swing Shift
Differential is determined by increasing the basic hourly salary for the
job by five (5%) percent.
Relief Operator Differential: Relief Operator Differential applies only
to employees who are regularly scheduled to work the position of
Relief Operator. The rate of pay for the Relief Operator Differential is
determined by increasing the basic hourly salary for the job by seven
and one-half(7.5%) percent.
TERMINAL COMPENSATION
The employee's terminal compensation will be contributed by the
District to the 401(a) plan at termination, retirement or resignation at
100% of total compensation, as defined in the 401(a) Plan Document
under Section 5.03 (b), or the Internal Revenue Service maximum
contribution limit, whichever is lower.
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Article II—Pay
In no case will the total 401(a) contribution be in excess of Internal
Revenue Code mandated limits in force at the time of termination,
retirement or resignation.
Any other outstanding vacation or sick leave and earned overtime due
the employee at the time of termination, retirement, or resignation will
be calculated and issued to the employee with the final paycheck. All
unused accumulated sick leave at the time of retirement is credited as
longevity upon retirement.
UNIFORM PAY PERIODS
Employees shall be paid based on a pay period from the 18th to 17th
of each month.
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Article III—Work Hours
—WORKARTICLE III •
ALTERNATIVE WORK SCHEDULES
An individual or group of employees within a work unit may request the
District to adopt an alternative work schedule, with a written request to
their supervisor, who will give full, prompt, and responsible
consideration to such request and forward such request to the
appropriate Department Director or Division Manager with a
recommendation. Department Director approval is required to
implement an alternative work schedule. The decision of the
Department Director is final and not subject to the grievance
procedure.
REDUCED WORK WEEK
An individual may submit a written request for a reduced workweek of
up to thirty-two (32) hours to his/her supervisor, who will give the
request full, prompt, and responsible consideration. The request may
be for a period not to exceed three months and such request will be
forwarded by the supervisor to the appropriate Department Director or
Division Manager with a recommendation. Department Director
approval is required to implement a reduced workweek. The decision
of the Department Director is final and not subject to the grievance
procedure. Should the individual wish to extend the three-month
period, he/she must submit an additional request(s). All benefits will
remain in effect with the exception that pay and vacation and sick leave
accumulations will be prorated according to the amount of time worked.
WORK WEEK
The normal workweek for full-time nonshift employees is eight (8)
hours per day. Although most employees are scheduled to work
Monday through Friday, some services and operations are currently
scheduled on a 24-hour basis, seven (7) days a week.
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Article IV—Leaves
ARTICLE IV—LEAVES
ADMINISTRATIVE LEAVE
Administrative leave shall be granted for all employees covered under
this Agreement at three (3)days per year effective April 18 of each
year. Administrative leave must be used by April 17 of each year or it
will be forfeited.
COURT APPEARANCES
All employees who need time off work to attend legal proceedings must
give advance notice of the need for such time off.
A. The District will compensate an employee as if the employee was
at work for time spent attending legal proceedings under the
following circumstances:
1. Attendance at arbitrations held pursuant to this MOU.
2. Responding to a subpoena or notice of deposition except as
noted below in section B.
3. Attendance at a legal proceeding at the instruction of District
management.
B. The District will not compensate an employee as if the employee
was at work for attending a legal proceeding under the following
circumstances:
1. If the employee is an expert witness;
2. If the legal proceeding is against the District and the employee
is a plaintiff in that action.
3. If the employee participates in a legal proceeding and the
proceeding does not involve the District.
Such employee must apply for vacation leave, earned overtime, or
leave of absence without pay.
DEATH IN FAMILY
In the event of a death in the immediate family of an employee, the
employee may, after notifying his/her supervisor, be absent up to a
maximum of ten (10)days and have the time off charged to his/her sick
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Article IV—Leaves
leave account. Accrued vacation time may be used if additional time is
required. Death in the family leave must be taken within thirty days of
the occurrence of the death. "Immediate Family" consists of the
following persons: mother, father, husband, wife, brother, sister, son,
daughter, in-laws, or grandparents. Verification may be required.
FAMILY AND MEDICAL LEAVE
The District will comply with the provisions of the Family and Medical
Leave Act and the California Family Rights Act. The District will require
an employee to exhaust his/her sick leave prior to considering a leave
of absence without pay for the purposes of Family and Medical Leave.
HOLIDAYS
Holiday Schedule
There are thirteen (13) paid holidays.
New Year's Day Veteran's Day
(January 1) (November 11)
Martin Luther King, Jr.' s Birthday Thanksgiving Day
(Third Monday in January) (Fourth Thursday in November)
Lincoln's Birthday Day after Thanksgiving
(February 12)
Washington's Birthday December 24
(Third Monday in February)
Memorial Day December 25
(Last Monday in May)
Independence Day December 31
(July 4)
Labor Day
(First Monday in September)
Weekend-Designated Holidays
If a designated holiday falls on a Saturday, the preceding workday not
a holiday shall be deemed to be the holiday, and if the holiday falls on
a Sunday, the following workday not a holiday shall be deemed to be
that holiday.
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Article IV—Leaves
Holiday Compensation
All employees who are required or authorized to work on a holiday
listed above, will be paid at the rate of time and one-half the normal
regularly assigned basic pay rate in addition to the normal monthly pay
except for New Year's Day, Thanksgiving Day, and Christmas Day,
which will be paid at a double-time rate in addition to the normal
monthly pay. Employees required to work on a Friday immediately
preceding a holiday or Monday immediately following will receive pay
at time and one-half the normal basic pay rate or receive time and
one-half off at a later date.
In those instances where Christmas (December 25th) and New Year's
Day(January 1 st)fall on a Saturday or Sunday, those days will be paid
at the double time rate in addition to the normal monthly pay. The
observed District holiday shall be paid at time and one half in addition
to their normal monthly pay.
Employees who earn holiday compensatory time may accumulate a
maximum of what can be earned in a one-year period (currently 104
hours). Those employees that have the maximum accrual of 104 hours
will be automatically paid for any additional hours earned in excess of
the maximum. Employees may cash-out Holiday Compensation at the
time of separation or retirement but may not cash-out Holiday
Compensation prior to separation or retirement.
.JURY DUTY
If an employee reports for jury duty, he/she may take the time off with
pay and may not receive juror pay from the court. Mileage allowances
and meal expense reimbursements shall be kept by the employee
under any circumstances.
LEAVE OF ABSENCE WITHOUT PAY
Employees may request a leave of absence without pay through
his/her supervisor. A leave of absence without pay may be approved
by the Department Director and the General Manager. Any request for
a leave of absence without pay in excess of thirty (30) days may be
made if there is a compelling reason and the employee's work unit will
not be unduly affected by the employee's absence. During an extended
leave, the employee's employment status and seniority will remain
unchanged. Health plan insurance benefits will be continued for only
medically-related leaves. However, all other rights, privileges, and
benefits of employment are suspended until the employee's return to
active employment.
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Article IV—Leaves
MILITARY LEAVE
Employees who are assigned to military duty are entitled to military
leave in accordance with the provisions of applicable state laws
(California Military and Veterans Code, Section 395 et seq.).
PREGNANCY DISABILITY
For the purposes of the State Disability Insurance, Pregnancy Disability
Leave is effective the first date the employee is disabled. The District
will require verification from the employee's physician. E.g., if an
employee's last day of work is 9/1 and the baby is delivered on 10/1,
then the effective date of Pregnancy Disability Leave will
be 9/1.
The combination of time off for approved Pregnancy Disability Leave
and Family Medical Leave may not total more than seven months per
occasion. This requires approval of the Department Director.
SALARY CONTINUANCE PLAN
It shall be the general policy of the District to continue pay to an
employee under the Salary Continuance Plan when an employee
incurs a work-related injury or illness. This plan commences if the
employee qualifies for temporary disability payments from Worker's
Compensation for the disability and, if in the opinion of the District, the
disability is work-related. If the injury or illness is determined legitimate,
all of the employee's regular benefits will continue during the time this
plan is in effect.
The salary continuance will be equivalent to seventy(70%) percent of
gross compensation less any Worker's Compensation payments.
The maximum period for which this plan could be used by an employee
will be six (6) months or until a stable level of disability is reached,
whichever occurs first.
The District's policy for charging sick leave for work-incurred injuries or
illnesses shall be as follows:
An employee requiring medical attention for a work-incurred injury or
illness will not be required to charge the portion of time spent on the
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Article IV—Leaves
day of the injury receiving medical care to his/her sick leave record.
After the doctor has released the employee from his office, any
additional time off on that day will be charged to the employee's sick
leave account. Employees shall be allowed paid release time of up to
three (3) hours for work-related injury doctor and/or physical therapy
appointments which shall include thirty (30) minutes of drive time to
and from the appointment.
The first day of the three-day waiting period required by the State
Compensation Insurance Fund begins the day following the date on
which the injury or illness occurred. District Salary Continuance Plan
benefits shall begin on the same day as State Compensation benefits
commence. However, if the injury or illness causes disability of more
than fourteen (14) days or necessitates hospitalization, the Salary
Continuance Plan will become effective from the first day the injured
employee leaves work as a result of the injury or illness.
The employee may use vacation or sick leave accrual or earned
overtime during this waiting period.
SICK LEAVE
Current regular or probationary employees hired by the District prior to
May 1, 1985, earn fifteen (15)days sick leave per year. Regular or
probationary employees hired by the District after May 1, 1985, earn
twelve (12)days sick leave per year. Sick leave is to be used only in
case of real sickness, disability, medical, or dental care for the
employee, or up to ten (10)days annually may be used to attend to
health needs of an immediate family member. If all accumulated sick
leave is used, earned vacation time may be used as sick leave in order
to receive full regular pay. Probationary employees are eligible to use
earned sick leave as required.
SICK LEAVE ACCUMULATION
Unused sick leave accumulates from one year to the next. There is no
maximum limitation. All unused accumulated sick leave at the time of
retirement is credited as longevity upon retirement.
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Article IV—Leaves
SICK LEAVE INCENTIVE BENEFIT
For current regular or probationary employees hired by the District prior
to May 1, 1985, the District shall augment the regular sick leave policy
with an incentive benefit using a formula crediting eighty-five (85%)
percent of the employee's yearly-unused sick leave to an accumulating
account for that person. For regular or probationary employees hired
by the District after May 1, 1985, the following schedule shall apply:
Years of Pay off Credit Pay off Credit
Service at Termination at Retirement
0-5 Years 0 Percent 0 Percent
5-10 Years 25 Percent 25 Percent
10-25 Years 25 Percent 35 Percent
25 & Over 25 Percent 40 Percent
Payment for all credited sick leave will be made upon retirement or
termination of employment only if the employee provides the District
with a minimum of two (2)weeks notice. Beginning on April 17, 2022,
any cash out of sick leave accruals shall be deducted from an
employee's sick leave accrual bank at time of retirement. Any
remaining balance shall be reported to Contra Costa County
Employees' Retirement Association (CCCERA)as retirement service
credit.
VACATION
All employeesearn paid vacation time from the first month of
employment. Accumulated vacation time may generally be used as
desired, subject to the approval of the appropriate supervisor, subject
to two (2)weeks notice in advance. The schedule of vacation days and
the maximum number of vacation days which may be accumulated and
deferred are shown in the following tables:
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Article IV—Leaves
Vacation Earnings
A. Current regular or probationary employees hired by the District
prior to May 1, 1985, earn ten (10) hours of vacation per month
worked plus additional allowance for longevity after five (5)years.
Maximum Number of
Vacation Days Which
Years of Annual Vacation Can Be Accumulated
Service Allowance and Deferred
0-5 Years 15 Days 30 Days
5-10 Years 16 Days 32 Days
10-15 Years 17 Days 34 Days
15-20 Years 20 Days 40 Days
20-25 Years 25 Days 50 Days
25-30 Years 30 Days 60 Days
30 &Over 35 Days 70 Days
B. Regular or probationary employees hired by the District after
May 1, 1985, earn 6.67 hours of vacation per month worked, 0-3 years;
and ten (10) hours of vacation per month worked, 3-5 years; plus
additional allowance for longevity after five (5)years worked.
Maximum Number of
Vacation Days Which
Years of Annual Vacation Can Be Accumulated
Service Allowance and Deferred
0-3 Years 10 Days 20 Days
3-5 Years 15 Days 30 Days
5-10 Years 16 Days 32 Days
10-15 Years 17 Days 34 Days
15-20 Years 20 Days 40 Days
20-25 Years 25 Days 50 Days
25 & Over 30 Days 60 Days
Use of Vacation Accumulation
All employees shall be afforded (1) one calendar year from the
anniversary date to use such extra vacation days to or below the
permitted maximum limits.
Accrual Credit
The extra days accrued due to service of over five (5)years are
credited to each employee's account on his/her anniversary date.
Employees are notified as they reach the maximum accrual limit.
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Article IV—Leaves
Termination
If an employee leaves the District for any reason, he/she will be paid
for any earned vacation time not used.
Payment of Accumulated Vacation Time
A. Employees may request payoff of accumulated vacation time.
B. Employees must have either taken ten (10)days of vacation time
within the calendar year of application or have accrued sufficient
vacation time to take a mandatory ten (10) days of vacation time
off within the calendar year of application.
C. The maximum number of days which will be considered for
payment in any one calendar year shall be twenty (20) days.
D. The employee shall submit a letter of request for payment of
accumulated vacation to his/her Department Director, which shall
include the number of days pay requested. The request will then
be submitted to the General Manager. If all of the conditions
specified above are satisfied, the request will be considered.
E. Note the following exception to the above: payment of
accumulated vacation time above the maximum annual accrual
shall occur automatically on the anniversary date on which the time
would be lost provided that an employee has used at least ten (10)
vacation days during the last twelve (12) months.
The above policies do not apply to termination of employment or
retirement.
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EMPLOYEE BENEFITS
401 (A)MONEY PURCHASE PLAN
The District contributes to each employee's 401(a) Money Purchase
Plan an amount equal to that which the District would otherwise
contribute to the Social Security system, but not including the
employee's contribution to Medicare or FICA. If, during the term of this
Memorandum of Understanding, the District is required by law to
participate in the Social Security system, the District will stop
contributing to the 401(a) Money Purchase Plan and will meet and
confer on the change.
CAFETERIA PLAN
The District shall contribute $220 per month for each employee to the
Cafeteria Plan. The employee may elect to take the full contribution in
cash.
DEFERRED COMPENSATION
The District offers a Deferred Compensation Plan to employees, who
may defer up to the amount allowed by law. Employee participation in
the Deferred Compensation Plan is voluntary.
DENTAL PLAN
The District shall provide a dental care program for all employees
covered under this Memorandum of Understanding. Delta Dental shall
be the dental plan provider.
DISABILITY PLAN
The District shall provide a Long Term Disability program for all
employees covered under this Memorandum of Understanding. There
shall be a ninety-day waiting period.
DUAL HEALTH COVERAGE
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Those employees having dual coverage under a health insurance
program may withdraw from the District's health insurance coverage
and, in lieu of such coverage, and effective the first full pay period
following Board approval of this MOU, will receive a District
contribution to the Section 401(a) plan in the amount of$400.
Continuation of this program is subject to Health Plan carrier
acceptance.
EDUCATION-TUITION REFUND POLICY
The District will reimburse employees (with the exception of those on a
Leave of Absence) desiring to further their education for the purpose of
improving their on-the-job performance. Approval will be given only for
courses within the scope of the employee's employment field and
District job responsibilities. Class and study time must be outside of the
employee's working hours, and the completion of the course must
result in at least a C grade or its equivalent. The maximum tuition
refund to an eligible employee shall not exceed $2000 per Fiscal Year.
An employee may elect to apply part of the tuition refund toward the
purchase of course-required textbook(s), which will then be retained by
the District at the completion of the course. Requests for the budgeting
of education tuition refunds must be submitted to the employee's
Department Director by March 15 of each year. Failure to request by
March 15th shall not preclude approval of an appropriate request
subject to acceptable budget.
EMPLOYEE ASSISTANCE PROGRAM
An Employee Assistance Program shall be provided MS/CG at District
cost.
HEALTH PLANS
Health Plans: Current regular or probationary employees hired by the
District shall be provided with a choice of three health plans. Those
plans are Kaiser, Health Net HMO, and Health Net PPO. The premium
cost of the plans shall be borne by the District. However, employees
who select the PPO plan shall pay through payroll deduction the
difference in premiums between the PPO plan and the highest cost
HMO plan.
Benefits: The parties agree that in the event that federal health care
reform legislation becomes effective during the term of this Agreement
which calls for health and other benefits different, or under different
terms than those provided for in the Agreement, they will immediately
meet and confer for appropriate modifications.
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Transition to CALPERS Health: During the term of this MOU the
District will be transitioning to CALPERS Healthcare under the
Unequal/PEMCHA(Public Employees' Medical and Hospital Care Act)
minimum vesting schedule. Current regular or probationary employees
hired by the District shall be provided with health care options through
CAPERS.
Core Plans"—Effective upon the implementation of CalPERS. The
District agrees to pay the full monthly premium cost of the Kaiser
Permanente or Health Net SmartCare plan (the "Core Plans"for active
employees).
The District will pay the CalPERS minimum required contribution
amount toward the employee's health care coverage directly to
CalPERS in accordance with CalPERS requirements. The District will
make a contribution for the remaining amount(that portion of the
District's contribution that exceeds the CalPERS minimum required
contribution)to the District's Code Section 125 cafeteria plan for
employees to allocate toward the cost of their health care benefits. If
an employee selects any other plan that is offered by CalPERS that
exceeds the cost of either of the Core Plans, the employee must pay
the difference in premiums between the highest cost Core Plan and the
plan he or she selects. If the selected plan is less than either of the
core plans, employees shall not be reimbursed the difference.
If CalPERS no longer offers the Core Plans that the District has
designated above, the parties agree to meet and confer to determine
which plans will be designated as Core Plans.
Vision Coverage: District shall provide fully paid vision benefits for all
employees and qualified eligible dependents.
Continuance of Benefit Plan: The District shall have a program,
which provides a continued degree of responsibility to the employee
upon retirement and to the dependents of a deceased employee.
Tier I
Employees hired by the District prior to May 1, 1985 shall be covered
by medical, dental, and reduced life insurance plans (one-half of the
life insurance provided at time of retirement for employees hired before
May 1, 1985)when they retire from District employment provided that
they meet the"Rule of 65." Under the "Rule of 65"an employee's age
plus years of service with the District at the time of retirement must
total 65, with a minimum requirement that the employee must be at
least age 50 and have at least ten (10)years of continuous service with
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the District at the time of retirement. Eligible employees' qualified
dependents (as defined by the plan provider)who were covered as
dependents at the time of retirement also shall be covered by medical
and dental plans.
Tier II
Employees hired after May 1, 1985 but before April 19, 2003 shall be
covered by medical and dental plans when they retire from District
employment provided that they meet the "Rule of 65." Under the "Rule
of 65"an employee's age plus years of service with the District at the
time of retirement must total 65, with a minimum requirement that the
employee must be at least age 50 and have at least ten (10)years of
continuous service with the District at the time of retirement.
Employees hired after April 18, 2003, who have reached age 55 and
have a minimum of ten (10)years of continuous service with the
District at the time of retirement, shall be covered by medical and
dental plans when they retire from District employment. The District
shall only pay for the full cost of an eligible retired employee's medical
and dental plan premiums until the retired employee's 65th birthday. At
age 65, the retired employee shall pay the District fifty(50%) percent of
the cost to the District for the employee's medical and dental coverage.
Eligible employees shall be provided with reduced life insurance
($10,000)when they retire from District employment. Eligible
employees' qualified dependents (as defined by the plan provider)who
were covered as dependents at the time of retirement also shall be
covered by medical and dental plans with the exception that the District
shall only pay for the full cost of an eligible dependent's medical and
dental plan premiums until the eligible dependent's 65th birthday. At
age 65, the eligible dependent shall pay the District fifty percent(50%)
of the cost to the District for the eligible dependent's medical and
dental coverage.
Tier III
Employees hired after June 30, 2009 shall be covered by medical and
dental plans when they retire from District employment provided that
they meet the"Rule of 70." Under the "Rule of 70," an employee's age
plus years of service with the District at the time of retirement must
total 70, with a minimum requirement that the employee must be at
least age 55 and have at least ten (10)years of continuous service with
the District at the time of retirement. For those employees hired on or
after June 30, 2009, the District shall only pay fifty (50%)of the
premium cost for the lowest cost medical plan for the retiree and
spouse. For Tier III employees hired on or after April 18, 2013, the
District shall only pay fifty (50%) of the premium cost for the lowest
cost dental plan for the retiree and spouse. Eligible employees'
qualified dependents (as defined by the plan provider)other than the
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employee's spouse who were covered as dependents at the time of
retirement also shall be covered by medical and dental plans with the
exception that the employee shall pay the full cost of coverage for
those dependents. Tier III retirees and dependents are ineligible for life
insurance.
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Miscellaneous
At the time of an eligible employee's retirement, all qualified
dependents (as defined by the plan provider)who already were
dependents at the time of retirement, shall continue to be covered by
the District's medical and dental plans in accordance with the Tier I,
Tier II, and Tier III benefits as stated above. Dependents of retirees
under Tier II I are not covered by the District's medical plan, unless the
retiree chooses to reimburse the District for the cost to cover the
dependent. The District shall have no obligation to pay for coverage for
more than two-party(retiree plus one) coverage for any new and
different dependent added after the date of retirement age.
The medical coverage for eligible retirees after age 65 will be
integrated with Medicare for all eligible retirees regardless of when they
were hired and eligible dependents upon their 65th birthday. If the
retiree's/dependent's health plan requires enrollment at age 65 in
Medicare Part B, the retiree and/or dependent shall be responsible for
paying for the Medicare premiums. For Tier I and Tier II, upon
submission of evidence of payment to Medicare, the District will
reimburse the retiree and/or dependent for the cost of the Medicare
premiums. For Tier III, the District shall not reimburse any Medicare
premiums. For all tiers, the District will not be responsible for any
penalties or increased costs in the Medicare premium should the
employee and/or eligible dependent not enroll in Medicare during the
enrollment period surrounding his/her 65th birthday.
The program for dependents of a deceased employee shall provide for
health and dental benefits for the length of that employee's total
service with the District (in other than temporary status), or until such
time that the spouse remarries, or until such time that the dependents
no longer qualify for benefits as stated by the District's policies.
RETIREE HEALTH AND WELFARE BENEFITS UPON TRANSITION
TO CALPERS:
Retiree Benefits: Employees are eligible for retiree medical benefits
through CaIPERS provided that they retire from the District within 120
days of separation from the District and begin receiving a retirement
allowance from the Contra Costa County Employee's Retirement
Association.
For employees who do not meet the eligibility requirements as outlined
in Tiers I, II, and III, the District will only pay the minimum employer
contribution that CaIPERS requires toward medical coverage upon
retirement from the District. The District will pay the CaIPERS minimum
required contribution amount toward a retiree's health care coverage
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directly to CalPERS in accordance with CalPERS requirements.
For those employees that are eligible for Tier I, II, or III benefits, the
District will pay the CalPERS minimum required contribution amount
toward the employee's health care coverage directly to CalPERS in
accordance with CalPERS requirements. The District will contribute
any amount that exceeds the CalPERS minimum required contribution,
in accordance with the employees' Tier, to a retiree-only Health
Reimbursement Account.
Tier I: Employees hired by the District prior to May 1, 1985 will be
covered by medical, dental, vision and reduced life insurance plans
(one-half of the life insurance provided at time of retirement). The
District will pay more than the minimum employer contribution that
CalPERS requires toward the cost of the retiree's coverage, if the
employee meets the"Rule of 65". The Rule of 65 requires that an
employee's age plus years of service with the District at the time of
retirement total 65 with a minimum age of 50 and minimum of ten years
of continuous service. If an employee meets the Rule of 65, effective
upon the ratification of the MOU and the implementation of CaIPERS,
the District agrees to pay the full monthly premium cost of the Kaiser
Permanente or Health Net SmartCare plan (the "Core Plans"for active
employees). Eligible employees' qualified dependents (as defined by
the plan provider)who were covered as dependents at the time of
retirement also shall be covered by medical and dental plans.
Tier 11: Employees hired after May 1, 1985 but before April 19, 2003 will
be covered by medical, dental, vision and reduced life insurance plans
($10,000). The District will pay more than the minimum employer
contribution that CalPERS requires, if the employees meets the "Rule
of 65". The Rule of 65 requires that an employee's age plus years of
service with the District at the time of retirement total 65 with a
minimum age of 50 and minimum of ten years of continuous service. If
an employee meets the Rule of 65, effective upon the ratification of the
MOU and the implementation of CaIPERS, the District agrees to pay
the full monthly premium cost of the Kaiser Permanente or Health Net
SmartCare plan (the "Core Plans"for active employees).
Employees hired after April 18, 2003 will be covered by medical,
dental, vision and reduced life insurance plans ($10,000). The District
will pay more than the minimum employer contribution that CalPERS
requires if they have reached a minimum age of 55 and have a
minimum of ten (10)years of continuous service.
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At age 65, the District will pay 50% of the retiree's chosen Core Plan
premium, or the minimum employer contribution that CalPERS
requires, whichever is greater. The District will also pay 50% of the
cost of the retiree's dental and vision coverage. At age 65, the District
will pay 50% of a retiree's eligible dependent's core medical, dental
and vision plan premiums. Eligible employees' qualified dependents
(as defined by the plan provider)who were covered as dependents at
the time of retirement also shall be covered by medical and dental
plans with the exception that the District shall only pay for the full cost
of an eligible dependent's medical and dental plan premiums until the
eligible dependent's 65th birthday. At age 65, the eligible dependent
shall pay the District fifty percent (50%)of the cost to the District for the
eligible dependent's medical and dental coverage.
Tier III: Employees hired after June 30, 2009 will be covered by
medical, dental, and vision plans. The District will pay more than the
minimum employer contribution that CalPERS requires toward the cost
of the retiree's coverage, if the employee meets the "Rule of 70". The
Rule of 70 requires that an employee's age plus years of service with
the District at the time of retirement total 70 with a minimum age of 55
and minimum of ten years of continuous service. If an employee meets
the Rule of 70, the District will pay 50% of the monthly premium cost of
the retiree's chosen Core Plan, or the minimum employer contribution
that CalPERS requires, whichever is greater. The District will also pay
50% of the core medical plan premium for the retiree's spouse or
domestic partner. The District will not pay for any coverage for other
dependents of the retiree.
The District will pay 100% of the premium cost for dental for the retiree
and spouse or domestic partner until they each reach the age of 65. At
age 65, the District will pay 50% of the cost for dental coverage for the
retiree and the spouse or domestic partner. For Tier III employees
hired on or after April 18, 2013, the District will pay 50% of the
premium cost for dental coverage for the retiree and spouse or
domestic partner upon retirement.
"Core Plans"for those retirees under the age of 65 are Kaiser
Permanente and Health Net SmartCare. For those retirees age 65 and
older, the Core Plans are Kaiser Senior Advantage and United
Healthcare. If a retiree selects any other plan offered by CalPERS that
exceeds the cost of any of the Core Plans, the retiree must reimburse
the District the difference in premiums between the highest cost Core
Plan and the plan he or she selects. If the selected plan is less than
either of the core plans, employees shall not be reimbursed the
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difference.
Medicare: The medical coverage for retirees and their eligible
dependents will be integrated with Medicare (Tier I, II, and III)at age
65. For Tier I and II retirees, upon submission of evidence of payment
to Medicare, the District will reimburse the retiree and/or dependent for
the cost of the Medicare (Part A and/or B) premiums. However, the
District will not be responsible for any penalties or increased costs in
the Medicare premium should the employee and/or eligible dependent
not enroll in Medicare during the enrollment period surrounding his/her
65th birthday. For Tier III, the District will not reimburse any Medicare
premiums.
The District will make a contribution to a Health Reimbursement
Account(HRA) equal to the cost of the Medicare reimbursement based
on the eligible Tier.
Survivor Benefits: Qualified dependents of a deceased
employee/retiree will be eligible for the continuance of health and
dental benefits at the same level as the retiree unless the dependents
are no longer eligible under District or CalPERS rules, regulations or
policies.
Health Reimbursement Account: For all active Tier III employees,
effective upon the transition to the CaIPERS health, the District shall
contribute 1.5% of base salary to a Health Reimbursement Account
(HRA)to be utilized by employees to pay for eligible medical expenses
post-retirement.
Prior to January 1, 2019, the District shall convene a Labor
Management Committee comprised of members of both District
Management and representatives of Local #1 and MS/CG to develop
and finalize the plan design and to select a vendor to administer the
HRA.
MILEAGE REIMBURSEMENT
The District-wide mileage allowance for the use of personal vehicles on
District business shall be paid as allowed by the IRS without tax
consequences.
RETIREMENT
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The District shall provide a retirement program for all employees
covered under this Memorandum of Understanding.
District employees who were members of the Retirement Association
on or prior to March 1, 1973, and who have vested thirty(30)years
service in the Retirement Plan are not required to make any further
contributions to the Retirement Plan.
Those District employees so qualifying shall be entitled to receive a
cash supplement to their compensation equivalent to, and in lieu of,
any District payment as may be granted and made as a portion of
employee retirement contributions to the retirement program.
Employees are responsible for paying the full share of the normal costs
associated with the employee share as calculated by Contra Costa
County Employees Retirement Association (CCCERA).
SAFETY EQUIPMENT
The District will provide safety glasses from a District-designated
supplier for those employees required to wear them.
Employees regularly exposed to foot injuries are required to wear
safety shoes. Employees who are periodically exposed to foot injuries
are advised to wear safety shoes. Employees will be informed by their
immediate supervisor whether or not they are required to wear safety
shoes.
Employees who are either required or advised to wear safety shoes
shall be provided one (1) pair of safety shoes by the District from a
District-designated supplier at a cost not to exceed $230 per pair of
safety shoes plus replacement if shoes become unusable while
performing District business.
Safety shoes requiring replacement shall be turned in to the
employee's immediate supervisor who makes the appropriate
determination as to their replacement and notifies the respective
Division Manager and then the employee on how to proceed with shoe
replacement.
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TERM LIFE INSURANCE PLAN
For current regular or probationary employees hired by the District prior
to May 1, 1985, the District shall provide a term life insurance policy
equal to two (2)times the employee's annual salary at Step E to a
maximum of$75,000. For regular or probationary employees hired by
the District after May 1, 1985, the District shall provide a term life
insurance policy equal to one (1)times the employee's annual salary at
Step E to a maximum of$75,000.
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Article VI—Recruitment and Classification
CLASSIFICATIONARTICLE VI—RECRUITMENT AND
APPOINTMENT OF RELATIVE rommqw
Members of the immediate family of elected or appointed officials shall
not be appointed to District employment.
Members of the immediate family of employees other than spouses
and registered domestic partners shall not be appointed to the same
division, nor shall be transferred, promoted, or demoted into the same
division, or be placed in a position as to evaluate a relative or be in the
same line of supervision.
Spouses and registered domestic partners shall not be appointed,
transferred, promoted or demoted into a position in which there would
be either(a) a direct supervisory relationship between the couple or(b)
where there would exist a significant and likely potential for creating an
adverse impact on supervision, safety, security, morale or efficiency. If
an existing District employee marries or enters into a registered
domestic partnership with another existing District employee that would
cause either(a)or(b). Under either of these circumstances, the
General Manager or designee shall either(1) redefine the duties of the
employees involved to avoid a supervisory relationship or eliminate the
significant and likely potential for creating an adverse impact on
supervision, safety, security, morale or efficiency or(2)transfer one
spouse/domestic partner to a similar position. The District will provide
notice to MS/CG and the opportunity to comment prior to taking either
of these two actions.
Immediate family members are defined as mother, father, brother,
sister, son, daughter, spouse, registered domestic partner, in-laws by
marriage or registered domestic partnership, and grandparents.
This provision shall apply to all types of employment status including
temporary employees.
FILLING OF VACANT POSITIONS
When an opening occurs for a position that is not included in the
Personnel Advancement Policy, employees may compete on an
open/promotional basis. Employees must meet the minimum
qualifications to proceed through the recruitment and testing process.
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Article VI—Recruitment and Classification
At the conclusion of the formal recruitment and testing process
administered by Human Resources, an eligibility list of candidates will
be prepared. A District manager or his/her designated representative
will interview all candidates, in rank order, on the eligible list and will
make a selection amongst those candidates.
The successful candidate, either internal or external, may be appointed
at any step of the salary range of the classification. If placement is
above Step A,justification for advanced placement must be approved
by the respective Department Director and Human Resources.
In the event that a vacancy occurs or exists and the possibility of
layoffs exists due to the elimination of a position or positions,
management may limit recruitment. The District agrees to notify the
Management Support/Confidential Group of this occurrence, and the
parties agree to meet and confer.
LATERAL TRANSFERS
All individuals eligible (in the same classification), who are not on
probation, and who submit applications to the Human Resources Office
will be interviewed by the Department Director or his/her designated
representatives when a vacancy exists and will be considered prior to
any other recruitment activity.
PROBATIONARY PERIOD
The probationary period for members of Management
Support/Confidential Group who are reclassified for any reason is six
months.
RECLASSIFICATION REQUESTS
The District is responsible for determining the methods, means, and
personnel by which District operations are conducted including, but not
limited to, classifying and reclassifying personnel. If an employee has
reason to believe that his/her duties and responsibilities are being
performed outside of the employee's class description so as to justify a
reclassification, the employee may submit that evidence in writing,
through his/her Department Director to the Human Resources
Manager. Upon receipt of the request, the Human Resources Manager
shall evaluate the written request with the Department Director and
render an appropriate recommendation. If the recommendation is that
a reclassification is appropriate, then that recommendation shall be
submitted to the Board of Directors for consideration. However, if the
recommendation is that further information is needed or the
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reclassification is not clearly justified, the Human Resources Manager
will set up a three to five member panel comprised of management
team members to consider the reclassification request. The employee
shall be able to make a written and verbal justification to the panel. A
consultant, specializing in classification studies shall be retained to
evaluate the reclassification request and advise the panel. The panel
shall be overseen by the Human Resources Manager. If the
determination of the panel is that reclassification is inappropriate, that
determination shall be final and not subject to grievance. If the
recommendation of the panel is that reclassification is appropriate,
then that recommendation shall be submitted to the Board of Directors
for consideration.
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DISCIPLINARY PROCEDURE
The District and MS/CG agree to follow the disciplinary procedures as
stated in the Local One Memorandum of Understanding unless the
parties agree to other procedures as determined on a case-by-case
basis.
A.1. Disciplinary Action:
a. General
The District's disciplinary procedure is intended to advise the
employee of less than satisfactory behavior or actions on the
job, and it is intended to be used as a corrective measure for
improvement. The District shall use progressive steps in the
disciplinary procedure as follows: verbal warnings with
discussion records, written reprimands, suspension, and
reduction in rank and/or pay. Notwithstanding the above, the
disciplinary measures shall be commensurate with the offense
or the continuation of offenses, which the employee is
charged.
b. Grounds for Discipline
1. Discourteous treatment of the public or fellow employee
including discrimination and harassment that is detrimental
to the function of the District.
2. Drinking of intoxicating beverages or use or possession of
illegal or unprescribed drugs on the job; or arriving on the
job under the influence of such beverages or drugs; or
providing or soliciting intoxicating beverages or illegal or
unprescribed drugs to or from others while on District
premises or on the job; or failure to successfully complete a
treatment program as agreed to by the District and the
employee in lieu of disciplinary action; or failure to comply
with the terms of any return-to-work agreement between the
District and the employee. An employee who fails to
successfully complete treatment or counseling shall be
subject to the previously proposed disciplinary action. If the
employee successfully completes the program, the
previously proposed disciplinary action shall not be
imposed. See Article VII, Substance Abuse.
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3. Habitual absence or tardiness
4. Abuse of sick leave
5. Disorderly conduct
6. Incompetency or inefficiency
7. Violation of any lawful or reasonable regulation or order
made and given by an employee's supervisor;
insubordination
8. Dishonesty
9. Violation of District safety rules and regulations
10. Failure to perform duties
11. Misconduct
12. Storage, carrying or use of firearms or other items
traditionally considered lethal weapons on District property.
13. Loss of required valid California Driver's License in
accordance with Article VII.
14. Driving a District vehicle without a valid California Driver's
License.
c. Written Notice
All acts of discipline will be documented by a written notice to
the employee stating the reasons and grounds for such
discipline. The employee must acknowledge receipt of the
warning by signing the same at the time of presentation; this
signature signifies only receipt of the document, not
necessarily agreement to the contents thereof. If employee
refuses to sign, such will be noted on the form. The District
shall notify the employee and the Union in writing within thirty
(30)days of the discovery of the incident that discipline may
result due to the incident. The parties may agree to extend the
time to provide such notice.
All records of discipline shall remain a part of the employee's
personnel file for a period of three years, assuming no
continuation of a similar offense. All disciplinary records which
are removed from the employee's personnel file after three
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years shall be maintained in a separate file by the District
Human Resources Manager to be used only in matters
involving discrimination, litigation complaints or charges, and
grievances alleging disparate treatment.
d. Human Resources Manager
Any offense warranting disciplinary action, with the exception
of suspension with pay, is to be cleared through the Human
Resources Manager prior to any action being taken in order to
ensure conformity with rules and procedures.
e. Content of Notice
After review and discussion with the Human Resources
Manager, any disciplinary action which may result in
suspension without pay shall be set forth, in writing, to the
employee at least ten (10)working days before the proposed
effective date or dates. All notices of proposed action shall be
personally served or be mailed by certified mail, return receipt
requested, to the last known address of the employee(s). This
notice shall be prepared by the Department Director after
consultation with the Human Resources Manager and shall
contain the following:
1. A description of the proposed action and its effective date
or dates, and the ordinance, regulation, or rule violated.
2. A statement of the acts or omissions upon which the action
is based.
3. A statement that a copy of any available materials upon
which the action is based is attached. This does not
preclude either party from utilizing additional information if
the matter should be appealed to the Board. However, this
additional material shall be made available at least ten (10)
working days before the date of appeal to the Board.
4. A statement advising the employee of the right to seek
representation and to request a hearing as provided herein.
A.2. Dismissal of An Employee
a. General
During his/her probationary period, an employee may be
dismissed without cause by the Board, the General Manager,
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or his/her Department Director with the approval of the General
Manager. This discharge is at the sole discretion of the District
with no recourse under the grievance or appeals provision.
A regular employee may be dismissed at any time by the
Board of Directors, the General Manager, or his/her
Department Director for cause with the approval of the General
Manager as stated herein.
If a promoted, regular employee is found to be unable to
adequately perform under the increased responsibility of the
new position during the probationary period, the employee
shall be demoted back to the previously held position. No other
employee in a permanent position shall be displaced by this
action.
b. Sufficient Cause for Dismissal
1. Conviction of a felony. (The District will consider the felony
conviction in light of the employee's job duties performed.)
2. Fraud or misstatement of qualifications in securing
employment.
3. Misappropriation of District funds or property.
4. Intentional or gross misconduct.
5. Failure to respond or improve as specified in Article VII,
Section A.1.b. (1-14), or continued behavior as specified in
Article VII, after an evaluation or corrective action plan has
failed to produce an improvement in the workers'
performance.
6. Incapacity due to mental or permanent physical disability.
7. Gross violation of District safety rules and regulations.
8. Three consecutive days' absence without notice to the
District shall be deemed sufficient cause for dismissal
providing the employee fails to show satisfactory cause for
such action.
9. Loss of required valid California Driver's License in
accordance with Article VII.
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c. Notice of Dismissal
After review and discussion with the Human Resources
Manager, all regular employees shall be provided with a notice
of dismissal at least five (5)working days prior to the effective
date. This notice shall be prepared by the employee's
Department Director after consultation with the Human
Resources Manager and shall contain the following:
1. A description of the proposed action and its effective date
and the ordinance(s), regulation(s), or rule(s)violated.
2. A statement of the acts or omissions upon which the action
is based.
3. A statement that a copy of any available materials upon
which the action is based is attached. This does not
preclude either party from utilizing additional information if
the matter should be appealed to the Board. However, this
additional material shall be exchange between the parties
at least ten (10)working days before the date of appeal to
the Board. Furthermore, no material shall be based upon
hearsay; it must be directly related to the original charges
and it shall not be based on events more than three (3)
years old, in accordance with Article VII, Section A.1.c.,
Written Notice.
4. A statement advising the employee of the right to seek
representation and to file an appeal as provided herein.
A.3 Fair and Impartial Hearing For Disciplinary Action and
Dismissal of Employees
a. Procedure
A regular employee upon receipt of a notice of dismissal,
demotion, or suspension may appeal, in writing, to the General
Manager within ten (10)working days of the date of the
notification. The General Manager may overturn, affirm, or
modify such decision, and then the General Manager shall
schedule a fair and impartial hearing. The General Manager
shall appoint the Director of Finance and Administration to act
as the Hearing Officer or, if it has been determined that a
conflict of interest exists, or in his absence, another
Department Director may be appointed. In either case, said
hearing shall be scheduled within thirty(30)working days. At
this hearing the employee may answer the charges against
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him/her, present any mitigating evidence, or otherwise respond
to the Notice of Dismissal. The Hearing Officer shall issue
his/her opinion and decision within twenty(20)working days of
the hearing. The Hearing Officer may, based upon the
evidence presented at the hearing, concur with the Department
Director's action, recommend a less severe disciplinary action,
or order the employee reinstated with full back pay and
benefits.
b. Appeal to Board of Directors
Regular employees dissatisfied with the Hearing Officer's
decision, only in matters relating to suspension, reduction in
rank or pay or dismissal, may appeal to the Board of Directors
pursuant to the procedures set forth herein.
A.4.Appeal
a. General
An employee, except at provided in Sections 4-410, 4-411, 4-
412, and 4-415 in Chapter Four of the District Code, may
appeal the Hearing Officer's decision by appealing to the
Board via filing a written request for hearing with the Secretary
of the District within ten (10)working days of receipt of the
Hearing Officer's decision. The Secretary shall calendar the
matter at the next regularly scheduled Board meeting in
keeping with established guidelines for calendaring an agenda
item.
b. Board Shall Designate A Representative to Hear Appeal
The Board shall employ a neutral third party to hear the appeal
and to recommend action to the Board. Except in cases where
MS/CG is not involved in the appeal, the cost of the hearing
shall be shared equally between the District and MS/CG,
including the fees of the neutral third party and a court reporter
or stenographer. Cancellation fees shall be the responsibility of
the moving party.
c. Adopt or Modify Recommendation
The Board may adopt, reject or modify the recommendation of
the Board-appointed neutral third party. The decision of the
Board is the final action of the District.
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DRIVER'S LICENSE REQUIREMENTS
Employees required by their classification to possess a valid Class A,
B, or C driver's license must report the suspension or revocation of the
driver's license to Human Resources within 24 hours of a conviction or
the next working day.
In positions where possession of a valid California driver's license is
mandatory, the revocation or suspension of that employee's license
may result in disciplinary action up to and including suspension,
demotion, or termination.
Employees must report all citations received in a District vehicle before
the end of the workday or at the start of the following workday for
citations received outside of the District's regular work hours. Parking
tickets are excepted.
GRIEVANCE PROCEDURE
It shall be the policy of the District and the MS/CG to develop and
practice reasonable and effective means of resolving difficulties, which
may arise among employees, to reduce potential problems, and to
establish channels of communication.
The grievant may elect, in writing, to represent himself/herself rather
than have the MS/CG provide representation. If the grievant elects to
represent himself/herself at this step, or at any later step, the MS/CG
shall be relieved of any further obligation of representation and shall be
relieved of any obligation to share in any further expense of the
grievance procedure. No resolution shall be inconsistent with the terms
of this Agreement.
Matters Subject to Grievance
Any complaint an employee has concerning the interpretation or
application of rules, regulations, policies, or procedures governing
personnel practices, working conditions, wages, hours, and other terms
and conditions of employment.
Matters Not Subject to Grievance
The District's policies, rules, and regulations as such; a rating as given
in an Employee Performance Appraisal; the Disciplinary and
Termination Actions as outlined in the District's Discipline Policy and
Procedures; classification; and contractual changes in health plans
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initiated by and at the sole discretion of the health plan providers.
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Procedure
Step One: The grievant shall, within fifteen (15)working days,
from when the employee knew of the occurrence, present and
discuss any difference or grievance with his/her immediate
supervisor. Both the grievant and his/her supervisor shall
make a bona fide effort to amicably settle such differences.
The supervisor shall respond within fifteen (15)working days
after the final meeting with the grievant. If, after this response,
the grievant does not believe the problem has been
satisfactorily resolved, then the grievant shall have the right to
proceed to Step Two of this procedure within five (5)working
days after receipt of the supervisor's written response.
Step Two: In the event such differences are not settled and
the grievant desires the grievance to be considered further, it
shall be presented, in writing, within five (5)working days by
the employee involved, and/or his/her representatives to the
grievant's Department Director. The written grievance shall set
forth (a)the MOU section, rule, regulation, policy or procedure
allegedly violated, (b) a brief summary of how and when it was
allegedly violated and (c)the requested remedy. A grievance
meeting will not be denied solely based on the remedy
requested. A meeting shall be arranged by the Department
Director within five (5)working days of receipt of the written
grievance. The grievance shall be discussed with the grievant
and pertinent facts brought to light. The Department Director
shall respond, in writing, within fifteen (15)working days after
the final meeting rendering the decision.
Failure of the grievant to take further action within five (5)
working days after receipt of the decision will constitute
withdrawal of the grievance.
Step Three: In the event such differences are not settled at
Step Two and the grievant desires the grievance to be
considered further, it shall be presented, in writing, within five
(5)working days to the General Manager or his designated
representative who will discuss the grievance with the grievant,
his representative or representatives, and with other
appropriate persons within ten (10)days of receipt of the
grievance. The General Manager may designate a person, not
in the grievant's normal line of supervision, to advise him
concerning the grievance. A record may be maintained of
information presented. The General Manager shall render a
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decision, in writing, to the grievant within twenty (20)working
days after hearing the grievance.
Failure of the grievant to take further action within ten (10)
working days after receipt of the General Manager's decision
will constitute withdrawal of the grievance.
Step Four: In the event such differences are not settled and
the grievant desires the grievance to be considered further, it
shall be presented, in writing, to the Secretary of the Board
within five (5)days of receipt of the General Manager's
decision. The Secretary shall calendar the agenda item at the
next regularly scheduled Board Meeting in keeping with
established guidelines for calendaring an agenda item.
The Board may employ a neutral third party to hear the matter
and recommend action to the Board. The Board may adopt,
reject, or modify the recommendation of the Board-appointed
neutral third party. The decision of the Board is the final action
of the District.
Miscellaneous Provisions
No grievant shall, at any stage of the grievance procedure, be required
to meet regarding the grievance with any supervisor or manager
without organizational representation, nor shall any supervisor or
manager be required to meet with the grievant regarding the grievance
without benefit of counsel or representation.
No waiver of time lines must be granted either party due to the lack of
available counsel.
In certain grievances, the first and/or second steps may be deleted if
the grievance arises out of an action by an authority above the level of
the grievant's supervisor. However, such grievances will begin at a
level no higher than Step 3 of this grievance procedure.
Failure at any step of this procedure to communicate the decision on a
grievance within the specified time limits shall permit the lodging of an
appeal at the next step of the procedure within the time allotted, had
the decision been given. Failure to appeal a decision within the
specified time limits shall be deemed a withdrawal of the grievance.
The time limits specified in this procedure may be extended, in any
specific instance, by mutual agreements, in writing.
The cost of the grievance arbitration shall be shared equally between
the District and the MS/CG, including the fees of the neutral third party,
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a court reporter or stenographer. Cancellation fees shall be the
responsibility of the moving party.
Group Grievances
If the grievance involves employees with different immediate
supervisors, the grievance may be filed at the appropriate step of the
grievance procedure. However, such grievance will begin no higher
than Step 3 of this grievance procedure.
Employee-Processed Grievance
An employee covered by this Agreement may present a grievance
directly and have such grievance adjusted without intervention of the
MS/CG as long as the adjustment is not inconsistent with the terms of
this Agreement.
Grievance Witnesses
The District shall endeavor to make available for testimony in
connection with the grievance procedure reasonable requests for
District employees to appear when requested by the grievant, the
MS/CG, or the District. Any employee witnesses required to appear in
connection with this Article shall suffer no loss of normal pay but will
not receive any form of overtime compensation in connection with
his/her appearance.
Grievance Processing During Regular Working Hours
The grievant and his/her representative(s)shall normally be entitled
reasonable time to process a grievance during normal working hours
with no loss of pay or benefits, provided the grievant has the
permission of his/her supervisor. Such permission shall not be
unreasonably withheld.
Separate Grievance File
All materials concerning an employee's grievance shall be kept in a file
separate from the employee's personnel file, which file shall be
available for inspection only by the grievant, his/her representative,
with approval by the grievant and management, supervisory, and
confidential employees who can demonstrate a need to review the file.
LAYOFF
If the Board of Directors deems layoffs to be necessary, they will be
done in accordance with the layoff provisions in the District Ordinance
Code, Chapter 4. The District agrees to meet and confer with the
Management Support/Confidential Group on the effects of such layoff.
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PERSONAL AND DISTRICT PROPERTY
The District discourages the use or display of personal property not
required to perform an employee's job by an employee at work.
The storage, carrying, or use of firearms or other lethal weapons on
District property is strictly prohibited.
Most employees required to wear uniforms during working hours are
provided lockers by the District. Lockers are District property and may
be searched by management at any time without advance notice. If a
locker is to be inspected, and the employee is on the job-site, the
employee will be allowed to be present when the locker is inspected.
The District will be responsible for replacing damaged locks.
Any and all electronically-produced documents, including faxes, e-mail
or other forms of electronic communication, which are maintained,
kept, received or transmitted on District property are not confidential,
and are subject to disclosure and review at any time. Any matters
generated or received on District computers, and any documents
duplicated on District copiers or other equipment, also are subject to
search at any time whenever there is a reasonable justification for
search.
SUBSTANCE ABUSE
Employees who have dependency on alcohol or other controlled
substances are encouraged to voluntarily request counseling or
rehabilitation before their substance abuse leads to disciplinary or
work-related problems. In cases where an employee's alcohol or
controlled substances leads to disciplinary or work-related problems,
the District agrees to discuss and, in its sole discretion, consider
holding proposed disciplinary action in abeyance and referring the
employee to appropriate counseling or treatment. The District further
agrees that the employee will not be dismissed for the conduct that led
to his or her referral to treatment or counseling while actively and
successfully participating in such treatment or counseling programs,
subject to his/her compliance with District and departmental rules and
maintenance of acceptable job performance. However, an employee
who fails to successfully complete treatment or counseling or who
subsequently suffers a relapse shall be subject to disciplinary action.
An employee may have proposed disciplinary action held in abeyance
to participate in treatment or counseling only once during his or her
employment.
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CONCLUDING -• •
PAST PRACTICES
Should the District take action to change its practices in subjects within
the scope of meet and confer as specified in Government Code
Section 3500 et seq., which is not a part of this Agreement, the District
agrees to meet and confer before taking such action.
SIDE AGREEMENTS
Except as otherwise specifically provided herein, this MOU fully and
completely incorporates the understanding of the parties hereto and
constitutes the sole and entire agreement between the parties in any
and all matters subject to meet and confer. Neither party shall, during
the term of this MOU demand any change herein, provided that nothing
herein shall prohibit the parties from changing the terms of this MOU
by mutual agreement. Any past side letters or any other agreements,
excluding settlement agreements, that are not incorporated into or
attached to this MOU are deemed expired upon approval of this MOU
by the Board of Directors.
SAVINGS
If any provision of this Memorandum of Understanding should be held
invalid or outside the scope of bargaining by operation of law or by the
final judgment of any court of competent jurisdiction, the remainder of
this Memorandum of Understanding shall not be affected thereby.
TERM
This Memorandum of Understanding shall remain in full force and
effect from December 18, 2017 through April 17, 2022.
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SIGNATURES TO AGREEMENT
Entered into this day of, subject to the approval of the respective
parties.
CENTRALCONTRA COSTA SANITARY DISTRICT
Bruce Heid
Ann Sasaki
Phil Leiber
Teii O'Malley
CENTRALCONTRA COSTA SANITARY DISTRICT
MANAGEMENT SUPPORT/CONFIDENTIAL GROUP
Jim Bickert
Tim Potter
Paul Kelly
Roy Manes
Nancy Molina
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Page 182uf1U2
SIDE LETTER AGREEMENT
Between
Central Contra Costa County Sanitary District
And
Management Support/Confidential Group
October 22, 2010
Article IV-Leaves (Sick Leave Incentive Benefit)
The parties agreed to interpret Article IV-Leaves (Sick Leave Incentive Benefit) of the MOU
dated December 18, 2017 through April 17, 2022 in a manner consistent with this Side Letter
Agreement.
"Beginning on April 17, 2022, any cash out of sick leave accruals shall be deducted from an
employee's sick leave accrual bank attime of retirement. Any remaining balance shall be
reported toContra Costa County Employees' Retirement Association (CCCERA) as retirement
service credit".
The parties' intent in negotiating this revision of Article IV-Leaves (Sick Leave Incentive Benefit)
was to eliminate an employee's receiving a cash-out payment for a portion of their sick leave
balance, and also receive service credit for these same hours.
Current Internal Revenue Service (|R5) regulations regarding Cash orDeferred Arrangements
(CODA) do not allow an employee the option to choose between a cash-out payment or apply
all nftheir sick leave balances toservice credit. The MOUlanguage asdrafted isconsistent with
current IRS regulations to the extent individual employees are not provided a choice of how
much sick leave would besubject tocash out.
The parties have a shared interest in allowing employees flexibility in application of sick leave
balances at the time of retirement, if these options are consistent with IRS CODA requirements
and C[[ERAregulations and guidelines. Tothat end, and noting that Article IV-Leaves (Sick
Leave Incentive Benefit) becomes effective April 17, 2022, the parties agree to meet no later
than November 1, 2021 to evaluate alternatives that would allow for greater employee
flexibility with regard tosick-leave cash Out at retirement consistent with IRS CODA
requirements.
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