MEMORANDUM OF UNDERSTANDING - Butte … DSA Gen Final 02-04.doc · Web viewThis Memorandum of Understanding shall become effective when ratified by the Association's membership and

BUTTE COUNTYDEPUTY SHERIFF’S ASSOCIATION

MEMORANDUM OF UNDERSTANDING – GENERAL UNIT

October 1, 2002 - March 31, 2004

1.00 RECOGNITION.............................................................................................................................................1

2.00 MANAGEMENT RIGHTS............................................................................................................................1

3.00 ASSOCIATION SECURITY.........................................................................................................................13.01 MAINTENANCE OF MEMBERSHIP........................................................................................................2

4.00 ASSOCIATION RIGHTS..............................................................................................................................24.01 EMPLOYEE ACCESS.............................................................................................................................24.02 BULLETIN BOARDS.............................................................................................................................34.03 USE OF FACILITIES..............................................................................................................................34.04 INTERNAL COMMUNICATIONS............................................................................................................34.05 NEW CLASSIFICATIONS.......................................................................................................................34.06 ASSOCIATION RELEASE TIME BANK...................................................................................................3

5.00 ASSOCIATION REPRESENTATIVES......................................................................................................4

6.00 NON-DISCRIMINATION.............................................................................................................................4

7.00 PERSONNEL FILES.....................................................................................................................................4

8.00 HOURS OF WORK AND RESTRICTIONS...............................................................................................48.01 WORK SCHEDULES.............................................................................................................................48.02 SPECIAL SCHEDULES...........................................................................................................................58.03 MEAL BREAK......................................................................................................................................5

9.00 OVERTIME....................................................................................................................................................59.01 ELIGIBLE POSITIONS...........................................................................................................................59.02 OVERTIME DEFINED............................................................................................................................59.03 OVERTIME AUTHORIZATION...............................................................................................................59.04 OVERTIME COMPENSATION................................................................................................................5

9.04.01 Overtime Rate....................................................................................................................59.04.02 Double Shifts......................................................................................................................5

9.05 ACCUMULATED COMPENSATORY TIME OFF......................................................................................69.06 FRINGE BENEFITS NOT AFFECTED BY OVERTIME.............................................................................6

10.00 VACATION LEAVE......................................................................................................................................610.01 ACCRUAL............................................................................................................................................610.02 VACATION ELIGIBILITY......................................................................................................................710.03 VACATION CARRYOVER.....................................................................................................................710.04 VACATION PAYOUT............................................................................................................................710.05 VACATION SCHEDULING.....................................................................................................................710.06 LATERAL TRANSFERS.........................................................................................................................7

11.00 SICK LEAVE..................................................................................................................................................711.01 SICK LEAVE ACCRUAL.......................................................................................................................711.02 SICK LEAVE ELIGIBILITY....................................................................................................................811.03 USES OF SICK LEAVE..........................................................................................................................811.04 REPORTING REQUIREMENT.................................................................................................................811.05 MEDICAL REPORTS.............................................................................................................................811.06 PAYMENT OF SICK LEAVE..................................................................................................................811.07 SICK LEAVE BUY-BACK OPTION........................................................................................................811.08 LATERAL TRANSFERS.........................................................................................................................8

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12.00 LEAVES OF ABSENCE................................................................................................................................812.01 BEREAVEMENT LEAVE........................................................................................................................812.02 PATERNITY LEAVE..............................................................................................................................912.03 INDUSTRIAL DISABILITY LEAVE WITHOUT PAY (WORKERS COMPENSATION)..................................912.04 MILITARY LEAVE................................................................................................................................912.05 FAMILY CARE AND MEDICAL LEAVE.................................................................................................912.06 JURY AND WITNESS LEAVES (NON-JOB RELATED)............................................................................912.07 PAID ADMINISTRATIVE LEAVE.........................................................................................................10

13.00 HOLIDAYS...................................................................................................................................................1013.01 DESIGNATED HOLIDAYS...................................................................................................................1013.02 PERSONAL HOLIDAYS.......................................................................................................................1113.03 ELIGIBILITY FOR HOLIDAY PAY.......................................................................................................1113.04 HOLIDAY COMPENSATION................................................................................................................11

14.00 COMPENSATION.......................................................................................................................................1214.01 SALARY.............................................................................................................................................1214.02 SHIFT DIFFERENTIAL........................................................................................................................1214.03 TEMPORARY ASSIGNMENT IN HIGHER PAID CLASSIFICATION.........................................................1214.04 BILINGUAL PAY DIFFERENTIAL........................................................................................................1214.05 CALLBACK........................................................................................................................................13

14.05.01 Overtime and Callback.....................................................................................................1314.05.02 Callback on Regular Day Off...........................................................................................13

14.06 STANDBY PAY...................................................................................................................................1314.07 FIELD TRAINING OFFICER ................................................................................................................1314.08 INVESTIGATION ASSIGNMENT...........................................................................................................1314.09 BOMB SQUAD...................................................................................................................................1314.10 GANG ASSIGNMENT..........................................................................................................................1314.11 CANINE COMPENSATION...................................................................................................................1414.12 INFORMATION SYSTEMS ASSIGNMENT.............................................................................................14

15.00 UNEMPLOYMENT INSURANCE............................................................................................................14

16.00 HEALTH PLAN...........................................................................................................................................1416.01 EMPLOYEE HEALTH PLAN ELIGIBILITY............................................................................................1416.02 DESCRIPTION.....................................................................................................................................1516.03 PARTICIPATION LEVELS....................................................................................................................1516.04 ADMINISTRATION..............................................................................................................................1616.05 RETIRED EMPLOYEE OPTIONS..........................................................................................................1616.06 BENEFIT PLAN REVIEW COMMITTEE................................................................................................17

17.00 RETIREMENT.............................................................................................................................................1717.01 RETIREMENT PLAN...........................................................................................................................1717.02 RETIREMENT CONTRIBUTION............................................................................................................1817.03 RETIREMENT CREDIT FOR SICK LEAVE............................................................................................18

18.00 REIMBURSEMENT OF EXPENSES........................................................................................................1818.01 MILEAGE REIMBURSEMENT..............................................................................................................1818.02 PROFESSIONAL ORGANIZATIONS FEE REIMBURSEMENT..................................................................1818.03 EXPENSE REIMBURSEMENT..............................................................................................................1918.04 MEAL REIMBURSEMENTS.................................................................................................................2018.05 TUITION REIMBURSEMENT................................................................................................................20

19.00 OUTSIDE EMPLOYMENT........................................................................................................................2019.01 AUTHORIZATION...............................................................................................................................2019.02 RESTRICTED ACTIVITIES...................................................................................................................20

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20.00 SENIORITY AND LAYOFF PROVISIONS.............................................................................................21

21.00 DISCIPLINARY ACTION..........................................................................................................................2121.01 RIGHT TO REPRESENTATION.............................................................................................................2121.02 NOTICE TO THE UNION.....................................................................................................................2221.03 APPEAL OF DISCIPLINARY ACTION...................................................................................................2221.04 DEFINITION OF DISCIPLINE...............................................................................................................2221.05 ORAL AND WRITTEN REPRIMAND AND EVALUATION......................................................................2221.06 PRE-DISCIPLINARY NOTICE..............................................................................................................2221.07 PRE-DISCIPLINARY HEARING...........................................................................................................23

22.00 GRIEVANCE PROCEDURE......................................................................................................................2322.01 INTENT .............................................................................................................................................2322.02 DEFINITION AND SCOPE OF GRIEVANCE...........................................................................................2322.03 GRIEVANCE PROCEDURE STEPS........................................................................................................2322.04 CONSISTENT AWARDS......................................................................................................................2622.05 ADMINISTRATION OF THE GRIEVANCE PROCEDURE. ......................................................................2622.06 ASSOCIATION/UNION'S STANDING TO GRIEVE.................................................................................27

23.00 SAFETY.........................................................................................................................................................2823.01 SAFE WORKING CONDITIONS...........................................................................................................2823.02 COUNTY SAFETY COMMITTEE..........................................................................................................2823.03 DEPARTMENTAL SAFETY .................................................................................................................2823.04 FIREARMS.........................................................................................................................................28

24.00 EMPLOYEE ASSISTANCE PROGRAM.................................................................................................29

25.00 VEHICLE STANDARDS............................................................................................................................29

26.00 CHILD CARE COMMITTEE....................................................................................................................29

27.00 CATASTROPHIC LEAVE.........................................................................................................................29

28.00 DISABILITY INSURANCE........................................................................................................................29

29.00 UNIFORM POLICY....................................................................................................................................29

30.00 CLASSIFICATION/COMPENSATION STUDY.....................................................................................29

31.00 PERSONNEL RULES..................................................................................................................................30

32.00 TRAVEL POLICY.......................................................................................................................................30

33.00 FULL AGREEMENT..................................................................................................................................30

34.00 ENACTMENT..............................................................................................................................................31

35.00 SAVINGS CLAUSE.....................................................................................................................................31

36.00 PEACEFUL PERFORMANCE..................................................................................................................31

37.00 TERMS OF AGREEMENT........................................................................................................................32

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MEMORANDUM OF UNDERSTANDINGBETWEEN THE COUNTY OF BUTTE

ANDTHE BUTTE COUNTY DEPUTY SHERIFFS’ ASSOCIATION

GENERAL UNIT

Pursuant to the provisions of the Meyers-Milias-Brown Act, Section 3500 et seq. of the California Government Code and Chapter 11 of the Butte County Personnel Rules and Regulations, representatives of the County of Butte, hereafter called "County," and the Butte County Deputy Sheriff’s Association, hereafter called "Association," have "met and conferred" concerning the subject of wages, hours and working conditions for law enforcement employees in the General Unit of representation. This memorandum represents the good faith effort of both the County and the Association representatives to reach agreement on matters of wages, hours and conditions of employment. It is understood that this agreement is not binding upon the County until such time as it is ratified by the Butte County Board of Supervisors and the membership of the Association. This Memorandum of Understanding is effective October 1, 2002 and continues through March 31, 2004. It is agreed as follows:

1.00 RECOGNITION

The County recognizes the Butte County Deputy Sheriff’s Association as the exclusive representative for employees designated in the General Unit of law enforcement employees pursuant to Section 3500 et seq. of the California Government Code and the County Employer/Employee Relations Policy set forth in Chapter 11 of the Butte County Personnel Rules. The Unit consists of employees in the classifications shown in Appendix A.

2.00 MANAGEMENT RIGHTS

The County reserves all rights with respect to matters of general legislative and managerial policy including, among others, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment; direct its employees; take disciplinary action; relieve its employees of duties because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which governmental operations are to be conducted; 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. These rights shall be limited only as specified in this agreement.

3.00 ASSOCIATION SECURITY

The County Auditor shall provide the Butte County Deputy Sheriff’s Association a payroll deduction for each member of the Association who has provided a written authorization to the Auditor for such deduction. The authorization form shall be prepared by the Butte County Deputy Sheriff's Association and shall include sufficient information

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to permit the member to understand clearly the amount and purpose of the deduction and to permit the Auditor to have a legal record authorizing such deduction. Changes in deduction, additions or deletions, will be done by written authorization signed by the member. Authorizations for deductions must be received by the Auditor's Office at least two weeks before the end of the pay period in which the deduction is to be made. The Auditor will not make retroactive payroll deductions for the purposes specified in this section.

3.01 Maintenance of Membership

a. Association membership is not a mandatory condition of employment for any employee covered by this agreement. However, any employee covered by this agreement who is an Association member, or becomes an Association member shall continue to pay to the Association those dues or fees regularly charged members of the Association in good standing for the life of this agreement. Any new employee covered by this Agreement who, after completing thirty (30) calendar days of employment voluntarily joins the Association, shall be subject to the same terms of continued membership as employees above.

b. Every employee who is a member of the Association shall have the right to withdraw from membership during the last twenty (20) days of this agreement. An employee who has properly withdrawn membership as provided herein shall not be subject to the provisions of this section.

c. Upon return from leaves of absence, the County shall reinstate the payroll deduction of Association dues for those employees who are on dues check-off immediately prior to taking leave, provided that the employee has not authorized cancellation of dues check-off in accordance with the prescribed provision of the agreement under which they were a member has not expired.

d. Enforcement of this section shall be the responsibility of the Association, utilizing appropriate civil procedures. The Butte County Deputy Sheriff's Association shall indemnify and hold the County harmless from any and all claims, demands or suits, or any other action arising from this section.

4.00 ASSOCIATION RIGHTS

4.01 Employee Access. The Butte County Law Enforcement Association representatives shall have access to employees within the Unit during the employee's normal working hours only for the purpose of assisting the member with a formal grievance or appeal against the County when such assistance is requested by the employee.


4.02 Bulletin Boards. The Association will have access to a portion of the departmental bulletin boards designated by the appointing authority for the purpose of publishing meeting announcements and other organization notices.

4.03 Use of Facilities. The Association may, with prior approval of the appointing authority responsible for a County facility, utilize meeting rooms to assemble members during off-duty hours.

4.04 Internal Communications. The Association shall, to the extent practical, have access to the County courier service and internal delivery of correspondence between the Association and members, provided that such correspondence is limited to matters of employer/employee relations and does not involve internal employee organization business such as soliciting memberships, campaigning for office and elections.

4.05 New Classifications. The Association shall be advised in advance of any new position or classification to be created or changed in any way and afforded a full and complete opportunity to meet and confer with the County relative to negotiable matters relating to said positions or classifications.

4.06 Association Release Time Bank

Time Bank: Association members may donate vacation time, holiday time, and compensatory time off to an Association "time bank" under the following guidelines:

1. Only Association officers or bargaining team members may draw from the bank.

2. Requests to use time from the bank must be made reasonably in advance of the use and approval is subject to the operational necessity of the department. Further, the County is not required to grant time bank usage if to do so would result in overtime.

3. Time may be used for:a. Bargaining preparation.b. Association meetings.c. PORAC related meetings.d. Releasing an employee representative to assist a member at the

formal steps of the disciplinary and grievance procedures.

4. Except for disciplinary and grievance appeal meeting, the maximum hours of time bank use shall be forty (40) hours per calendar year, per individual. The County and Association have agreed upon the methodology for administering the time bank as set forth in Attachments B-1 and B-2.


5.00 ASSOCIATION REPRESENTATIVES

The Association shall be allowed to designate up to three (3) employees within the unit to serve as representatives to negotiate with the County. The Association shall provide the Director of Human Resources with the name, classification and department assigned of each of the negotiators. Should any changes or alternate be appointed after the original list is established, the Association shall advise the Director of Human Resources immediately. Employees designated as unit negotiators shall as authorized by the Director of Human Resources be granted a reasonable release time from scheduled duties without loss of pay to meet with the County representative during negotiations of matters of wages, hours and conditions of employment. The County shall not be responsible for any travel, overtime or miscellaneous cost resulting from the Association exercising this right.

6.00 NON-DISCRIMINATION

Neither the County nor the Association shall discriminate (except as allowed by law) against any worker because of race, age, sex, color, disability, creed, national origin, religion, union affiliation or the right of workers to join or refuse to join the Association. In addition, the County and Association agree to cooperate to achieve equitable representation of women and minorities at all occupational levels within the County Merit System.

7.00 PERSONNEL FILES

An employee or his/her representative authorized in writing shall have the right to review the contents of the employee's personnel file during normal business hours. No material regarding the employee's performance or conduct shall be included in the employee's personnel file without prior notice to the employee. Employees may submit a reasonable amount of material relevant to their job performance for inclusion in their personnel file and shall be permitted to submit rebuttals, when appropriate, for permanent attachment to negative materials.

8.00 HOURS OF WORK AND RESTRICTIONS

8.01 Work Schedules. The normal work schedule shall be 8:00 a.m. to 5:00 p.m. each day of the year except Saturdays, Sundays and holidays. The normal work period shall be eighty (80) hours per biweekly pay period for a full-time employee. Except for overtime, callback and standby assignments, departments which necessitate a different operational schedule shall maintain and post an employee assignment schedule. No employee, except in case of emergency, shall be required to work a different work schedule than assigned unless the employee has been notified at least ten (10) days in advance of the change in work schedule.


8.02 Special Schedules. Employees may, at the discretion of theAppointing Authority, be assigned either an eight (8), nine(9) or ten (10) hour work day which may include a paid meal break during the mid-portion of the shift.

8.03 Meal Break. If an employee is assigned four (4) or more hours overtime work continuous to the employee's regular work shift, the employee shall be permitted at the end of each four (4) hour overtime period a one-half (1/2) hour meal break, the time to be considered work time. This section shall not apply to employees on call, or employees attending or traveling to meetings, or training sessions.

9.00 OVERTIME

9.01 Eligible Positions. All positions in classifications designated in the Association’s General Unit.

9.02 Overtime Defined. Overtime is any work of at least twelve (12) minutes in excess of eight (8) hours per day or forty (40) hours per week. For employees whose normal assigned work day is in excess of eight (8) hours, overtime shall be work of at least twelve (12) minutes beyond the normally assigned hours. For the purpose of calculating overtime, all paid time off with the exception of sick leave shall be considered hours worked.

9.03 Overtime Authorization. Employees shall be required to work overtime when assigned by the appointing authority or designated representative. No employee shall work overtime without prior approval of the appointing authority or designated representative.

9.04 Overtime Compensation.

9.04.01 Overtime Rate

Employees shall be compensated for overtime at one and one-half (1-1/2) times their regular rate of pay as defined in the Fair Labor Standards Act. Overtime compensation may, at the discretion of the appointing authority, be paid with regular wages in the pay period in which it was earned or be credited as Compensatory Time Off (CTO).

The maximum CTO for Deputy Sheriff, District Attorney's Investigator I & II, and Sheriff's Sergeant shall be 480 hours.

9.04.02 Double Shifts

Except in cases of emergency, no employee will be required to work more than double the hours in their normal shift within a twenty-four (24) hour period. For example, an employee working a ten (10) hour shift would not be required to work more than twenty (20) hours. In such cases of


emergency, employees shall be paid double time for those hours worked in excess of a double shift.

9.05 Accumulated Compensatory Time Off. An employee who has requested use of accumulated CTO shall be permitted by the appointing authority to use such time within a reasonable period unless the request unduly disrupts departmental operations. Denial of CTO usage is subject to the grievance procedure. Should arbitration result in a finding the County was arbitrary, capricious or discriminatory in denying the CTO request, the arbitrator may award a penalty of 1.33 times the amount of CTO requested and denied. In addition, at the time such arbitration award is made against the County, the employee may, within five (5) days of the award, request payment for any or all CTO on accrual at the time.

Once an employee has reached the cap of 480 hours of CTO, the appointing authority may require the employee to take off any excess hours during the work week in which it is earned. Any CTO accumulation in excess of the 480 hour cap which is not taken in the work week in which it is earned, shall be paid with regular wages in the pay period in which it is earned.

9.06 Fringe Benefits Not Affected By Overtime. Overtime work shall not be a basis of increasing vacation, sick leave, or other benefits, nor shall it be the basis for advancing completion of the required period for probation or salary step advancement.

10.00 VACATION LEAVE

10.01 Accrual

Effective the first pay period in January, 2003, each regular full-time employee covered by this Memorandum of Understanding shall accrue vacation leave as follows:

a. 3.3846 hours of vacation for each biweekly pay period in paid status until completion of five (5) years of continuous service.

b. 4.9230 hours of vacation for each biweekly pay period in paid status after completion of five (5) years of continuous service and until completion of ten (10) years of continuous service.

c. 6.4615 hours of vacation for each biweekly pay period in paid status after completion of ten years of continuous service.

d. 7.0769 hours of vacation for each biweekly pay period in paid status after completion of twenty (20) years of continuous service.


The maximum vacation accrued on December 31 of any year shall be two times the earning rate.

10.02 Vacation Eligibility. An employee who has less than six (6) months of uninterrupted service shall not be entitled to a vacation.

10.03 Vacation Carryover. When a unit employee is unable to take scheduled vacation during a calendar year due to unusual and extenuating departmental needs which result in the employee's annual vacation accrual to exceed the maximum limits authorized, the department head shall advise the Auditor that the employee will exceed the annual vacation accrual limits and shall schedule the excess accrual vacation days to be taken off between the period January 1 and March 31 of the new calendar year. Should the employee voluntarily choose not to take the scheduled vacation during the extension period, the excess accrual days shall be forfeited. Should a department head, as a result of emergency needs of the County, be unable to schedule the excess accrual vacation days during the extension period, the employee shall be paid for the excess accrual of vacation days following the end of the extension period, the employee shall cease to accrue vacation time until the vacation accruals fall below twice the employees accrual rate. Should a department head, as a result of emergency needs of the County, be unable to schedule the excess accrual vacation days off during the extension period, the employee shall be paid for the excess accrual of vacation days following the end of the extension period.

10.04 Vacation Payout. Upon termination, employees shall be compensated for all unused vacation accrual and entitlement at their current rate of pay.

10.05 Vacation Scheduling. Vacations shall be scheduled at the request of the employee and with the approval of the department. A departmental vacation schedule shall be arranged with time preference given to employees on the basis of seniority.

10.06 Lateral Transfers. Individuals laterally transferring from an outside agency as a peace officer into a peace officer position with the Butte County Sheriff’s Department or the District Attorney’s Office may be provided two (2) weeks accrued vacation at the time of hire in addition to the regular accruals. Eligibility to use vacation accruals shall remain unchanged. If hired into a less than full-time position, these accruals shall be calculated on a pro-rated basis.

11.00 SICK LEAVE

11.01 Sick Leave Accrual. Regular employees shall earn sick leave at a rate of 3.6923 hours per biweekly pay period (12 days per year). Sick leave may be accumulated without limit during a continuous period of employment.


11.02 Sick Leave Eligibility. Only regular help employees shall earn sick leave. Regular help employees working less than full time shall earn sick leave on a pro rata basis.

11.03 Uses of Sick Leave. Sick leave shall not be considered a privilege to be used at the employee's discretion. It shall be allowed only in case of necessity for actual sickness or disability.

Whenever a regular employee believes it necessary to be absent from duty because of the critical illness of an immediate family member or qualifying domestic partner, the employee may request permission of the appointing authority to be absent for not more than forty-eight (48) cumulative hours per calendar year with pay; unless otherwise provided for by the FMLA or CPRA. Any time off shall be charged against sick leave.

11.04 Reporting Requirement. Except in an emergency in order to receive sick leave compensation while absent, the employee shall notify the appointing authority prior to or within four (4) hours after the time set for the beginning of the employee's work shift.

11.05 Medical Reports. The employee shall, upon request, file a physician's certificate with the appointing authority stating that the absence was medically necessary and the employee's physical ability to return to work on a full or light duty basis.

11.06 Payment of Sick Leave. Sick leave time shall be charged to the employee's accrual and paid at the employee's current rate of pay. Employees who exhaust sick leave with pay may use any accrued vacation or compensatory time off.

11.07 Sick Leave Buy-Back Option. Upon retirement or termination in good standing an employee who has on accrual more than two hundred forty (240) hours of sick leave may be compensated for that portion over thirty (30) work days at one-half (1/2) the normal rate of pay for the employee up to a maximum of Three Thousand Dollars ($3,000.00).

11.08 Lateral Transfers. Individuals laterally transferring from an outside agency as a peace officer into a peace officer position with the Butte County Sheriff’s Department or the District Attorney’s Office may be provided 96 hours accrued sick leave at the time of hire in addition to the regular accruals. If hired into a less than full-time position, these accruals shall be calculated on a pro-rated basis.

12.00 LEAVES OF ABSENCE

12.01 Bereavement Leave. Whenever a regular employee believes it necessary to be absent from duty because of the death of a member of the employee's immediate family, the employee may request permission of the appointing authority to be absent for not more than five (5)working days with pay for each occasion. Any


time used in this manner shall not be charged to sick leave or vacation, but shall be documented and recorded as bereavement leave.

The County shall amend Section 13.3 of the Butte County Personnel Rules to allow the use of bereavement leave in the case of the death of individuals, other than those already listed, living in an employees household as a family member and to include brother-in-law and sister-in-law and son-in-law and daughter-in-law. Approval shall be on a case-by-case basis by the Director of Human Resources in his/her sole discretion.

12.02 Paternity Leave. In concert with the Family Care & Medical Leave Policy, employees may use accrued sick leave when the employee's spouse gives birth. Leaves shall not exceed five (5) days if such leave does not qualify under the provisions of the County’s FCML policy.

12.03 Industrial Disability Leave Without Pay (Workers Compensation). Each regular employee who is injured or contracts an industrial illness on duty shall be granted an unpaid disability leave by the appointing authority from the time accrued leave benefits are exhausted until the employee is released to return to work, or the employee is declared permanent and stationary, or a compromise and release is signed, whichever occurs first. Employees shall accrue no benefits while in this status except as provided by the Personnel Rules. The appointing authority shall notify the Director of Human Resources of such leave.

12.04 Military Leave. Military leave shall be granted in accordance with the provisions of state law. All employees entitled to military leave shall give the appointing authority an opportunity within the limits of such military regulations to determine when such leave shall be taken and shall provide the appointing authority with a copy of the military orders.

12.05 Family Care and Medical Leave. The County and Association have agreed on the County’s Family Care and Medical Leave Policy (FCML) as set forth in Attachment C.

12.06 Jury and Witness Leaves (Non-job Related). Employees shall notify their appointing authority immediately upon receiving notice of jury duty or call as a witness. Regular employees who served on a jury or are served with a subpoena which compels their presence as a witness, unless they are a party to the court action or an expert witness, shall be granted a leave of absence with pay in the amount of the difference between the employee's regular earnings and the amount received for such appearances. Employees called for such court appearance may retain the court paid mileage fees provided they did not use a County vehicle or claim County mileage for such appearance. If called to jury or witness service, a regular employee may elect to:


a. Receive the jury or witness fee and also full salary payments chargeable to vacation or compensatory time.

b. Receive the jury or witness fee and authorize the County Auditor to deduct the fees from their salary or wages and receive the paid leave.

Regular employees called to jury duty or as a witness during normal working hours are in each instance required to collect fees for such service to the extent authorized by the court and to advise their appointing authority.

12.07 Paid Administrative Leave. An appointing authority or designated representative, in his/her sole discretion, may, when extraordinary circumstances exist and necessary for the operation of the department, place an employee on paid administrative leave, subject to call.

13.00 HOLIDAYS

13.01 Designated Holidays. The following shall be paid holidays:

1) New Year's Day January 1

2) Martin Luther King Birthday Third Monday in January

3) Washington's Birthday Third Monday in February

4) Cesar Chavez March 31

5) Memorial Day Last Monday in May

6) Independence Day July 4

7) Labor Day First Monday in September

8) Veterans' Day November 11

9) Thanksgiving Day Designated Thursday in November

10) Post-Thanksgiving Day Friday following Thanksgiving Day

11) Christmas Day December 25

12) Every day appointed by the President and/or Governor and the Board for a public fast, thanksgiving or holiday when the day is celebrated as a State or Federal Holiday. Days declared as permanent Federal holidays shall be observed as County holidays.


When a designated holiday falls on Sunday, the following Monday shall be observed. When a designated holiday falls on a Saturday, the preceding Friday shall be observed.

Effective in 2003 only, Unit employees will receive a four hour (4) holiday on Christmas Eve and an eight (8) hour holiday on December 26th.

Each full time employee shall receive eight (8) hours credit for each of the holidays listed above; except for individuals on the 4/10 plan who shall receive credit for 10 holiday hours.

13.02 Personal Holidays. In addition to the designated holidays, each regular employee shall be entitled up to twenty-four (24) personal holiday hours (30 hours for 4/10 personnel) per calendar year. Regular employees, employed as of January 1 of each year shall be credited with twenty-four (24) personal holiday hours (30 hours for 4/10 personnel) per calendar year. Employees hired between January 1 and April 30 shall be credited with sixteen (16) personal holiday hours (20 hours for 4/10 personnel) for the remainder of the calendar year. Employees hired between May 1 and August 31 shall be credited with eight (8) personal holiday hours (10 hours for 4/10 personnel) for the remainder of the calendar year. Employees hired between September 1 and December 31 shall receive no personal holiday credits for the calendar year during which they were hired. No employee shall receive more than twenty-four (24) personal holiday hours (30 hours for 4/10 personnel) in any calendar year. An appointing authority may require an employee to provide ten (10) days notice in advance of the personal holiday. In the event of an emergency an appointing authority may deny the employee's personal holiday. Personal holidays shall be scheduled and taken off within the calendar year to which they were credited. Employees shall not be compensated in pay for personal holidays in lieu of time off. Employees returning from an approved extended leave of absence shall be subject to this rule.

13.03 Eligibility for Holiday Pay. Each regular employee in a compensated employment status on the assigned work day immediately preceding and the assigned work day immediately following a designated holiday shall be entitled to compensation for the designated holiday.

13.04 Holiday Compensation. Regular employees required to work on a designated holiday or whose regular scheduled day off falls on a designated holiday shall, at the discretion of the appointing authority, be entitled to equivalent compensated time off scheduled either the day preceding the designated holiday or to accrue the pay for future use. Employees will be allowed to maintain up to 110 hours of holiday time prior to mandatory pay. Upon mutual agreement of the employee and County, employees may receive payment for holiday time in lieu of time off.


14.00 COMPENSATION

14.01 Salary .

Effective September 28, 2002, the unit salary schedule shall be modified as follows:

Intermediate POST Certificate. Employees possessing the Intermediate POST Certificate shall have their base salaries increased by two and a half (2.5%) percent.

Advanced POST Certificate. Employees possessing an Advanced POST certificate shall receive two and a half (2.5%) percent.

Salaries shall remain unchanged, subject to negotiations pursuant to Section30.

14.02 Shift Differential. Employees required as part of a regular work schedule to work a majority of their shift between the hours of 5:00 p.m. and 7:00 a.m. shall receive in addition to regular pay one dollar ($1.00) for each hour of the shift worked as shift differential compensation. Employees shall not be entitled to shift differential compensation while on sick leave, vacation or other paid leaves. The reassignment by the appointing authority of an employee from a shift covered by differential compensation to a shift not covered by differential pay shall not be considered as a demotion or loss of pay and shall not be subject to the grievance or appeal process. This assignment will also apply to temporary shift assignment (non-overtime hours) because of operational need (i.e. emergency flood assignment).

14.03 Temporary Assignment in Higher Paid Classification. Whenever an employee is assigned in writing by their supervisor or acting supervisor to work in a higher classification and, therefore, performs substantially all of the duties of the higher classification for a period of more than twelve (12) cumulative working days in a fiscal year, the employee shall be entitled to be compensated with an additional five percent (5%) over their current rate of pay beginning with the thirteenth (13th) day of assignment.

14.04 Bilingual Pay Differential. When it has been determined that an employee's use of bilingual language skills or specialized communications skills are essential and critical for the successful performance of job duties, a bilingual differential shall be paid at a rate of $8.00 per day ($80.00 per pay period) of compensated service.


14.05 Callback.

14.05.01 Overtime and Callback

An employee who is physically required to return to work on an overtime basis shall receive either a minimum of two hours straight pay or time off, or time and one-half pay or CTO for the time actually worked, whichever is greater.

14.05.02 Callback on Regular Day Off

Employees called back to work on their regular day off will receive a minimum of three (3) hours straight pay or time off, or time and one-half pay or CTO for the time actually worked, whichever is greater.

14.06 Standby Pay. Employees required to be on standby shall receive Forty Dollars ($40.00) for each eight (8) hour period or portion thereof. Employees placed on standby status shall keep the appointing authority advised of their location during the shift and shall respond to duty within one (1) hour from the time of notification. Employees returning to work from standby status shall not be eligible for callback pay as specified in Section 12.14(i) of the County Personnel Rules.

14.07 Field Training Officer. Individuals assigned as Field Training Officers shall receive Eight Dollars ($8.00) per shift while actually performing FTO responsibilities. The reassignment by the appointing authority from a paid FTO activity to a non-FTO activity shall not be considered as a demotion or loss of pay and shall not be subject to the grievance or appeal process.

14.08 Investigation Assignment. Deputy Sheriffs and Sheriff's Sergeants assigned to investigations shall receive five percent (5%) assignment pay. The reassignment by the appointing authority from an investigation assignment to a non-investigation assignment shall not be considered as a demotion or loss of pay and shall not be subject to the grievance or appeal process.

14.09 Bomb Squad. Individuals assigned to the bomb squad will receive a differential of One Hundred Dollars ($100) per month. The reassignment by the appointing authority from a bomb squad assignment to a non-investigation assignment shall not be considered as a demotion or loss of pay and shall not be subject to the grievance or appeal process.

14.10 Gang Assignment. Deputy Sheriffs and Sheriff's Sergeants assigned to Gang Assignment shall receive five percent (5%) assignment pay. The reassignment by the appointing authority from an gang assignment to a non-gang assignment shall not be considered as a demotion or loss of pay and shall not be subject to the grievance or appeal process.


14.11 Canine Compensation. Individuals assigned to the Canine Unit will be paid for an additional forty (40) minutes per day as full and complete compensation for all time spent caring for the assigned animal during the employee’s off duty hours. This will include feeding, cleaning, brushing, and miscellaneous home training. No employee shall spend more than the allocated forty (40) minutes per day with the express written authorization of their supervisor.

This time shall be paid at the rate of the current federal minimum wage per hour (at straight time or to be calculated at time a half when appropriate). The routine reassignment by the appointing authority from a Canine assignment to a non-canine assignment shall not be considered as a demotion or loss of pay and shall not be subject to the grievance or appeal process unless presented as a punitive action.

14.12 Information Systems Assignment . A regular employee assigned to perform the principle information systems function in the department or division and who is not classified as an information systems position shall receive an additional 5% compensation calculated on base pay. The assignment must be made in writing and approved by the department head. The additional compensation shall commence the first day of written assignment, providing said assignment is for a minimum of two consecutive pay periods.

15.00 UNEMPLOYMENT INSURANCE

Unit employees shall be covered by unemployment insurance pursuant to state law. The purpose of this coverage is to provide benefits to former employees who are no longer employed through no fault of their own. Employees who terminate from County employment shall complete termination forms and procedures as required by the Personnel Department.

16.00 HEALTH PLAN

16.01 Employee Health Plan Eligibility

All regular employees assigned to a one-half (1/2) time or more position and the employee's dependents shall be entitled to participate in the County-sponsored cafeteria plan. Employees working less than full-time and hired after November 1, 1987, shall receive pro-rated health contributions rounding to the nearest one-quarter time: i.e. Either fifty percent (50%), seventy-five percent (75%), or one hundred percent (100%) of the County contribution for full-time employees. Eligible employees enrolling in the program within thirty (30) days following their appointment will be covered subject to the contract limitation with the health plan carrier. Coverage shall commence when the employee is eligible for coverage under PERS and the health plan carriers’ rules. Employees enrolling after the sixty (60) day enrollment period will be eligible for coverage on the first


day of the month following a ninety (90) day waiting period which will begin upon receipt of all necessary enrollment documents by the Department of Human Resources, unless the employee can certify a qualifying loss of other coverage.

16.02 Description

The Butte County Flexible Benefits Plan (hereafter "Cafeteria Plan") is available to all employees in regular-help positions (hereafter "employee"). There will be two (2) participation levels, identified as Employee "A" and Employee "B" as per Section 16.03. Once the selection is made, it will remain in force until the next open enrollment period. The fee for a third party administrator will be paid by the County.

The basic group term life insurance in the amount of Twenty Thousand ($20,000) Dollars will continue to be provided at County expense and will not be part of the Cafeteria Plan.

16.03 Participation Levels

Employee A - CORE PLAN

The County will pay the first $32.20/month of the premium for the medical coverage elected through PERS. If the employee elects medical coverage, then the employee must participate in a dental plan option and the vision insurance (Core Plan).

The County will pay to Employee’s Flexible Benefit Account the following amounts:

January, 2002 January, 2003 January, 2004Employee only $217.54/mo $267.54 $311.34Employee plus one $369.60/mo $469.60 $558.40Family $501.77/mo $631.77 $750.57

Employees that have elected to participate in the "Core Plan" can also elect to participate in optional benefits. If the employee has any surplus Flexible Benefit Account credits after making all elections required to participate in the health insurance, the employee can use that surplus toward the Flexible Benefit Options listed in the Flexible Benefit Options Exhibit. Employees that wish to participate in the optional benefits in the plan, with the exception of the cash back option, but do not have any surplus credits, can elect to have pre-tax payroll deductions in an amount to cover the cost of their elections.


Employee B - FLEXIBLE BENEFIT OPTIONS

Employees who elect not to participate in Option A will be asked to sign a waiver and will be required to provide proof of medical insurance (see Section 16.04). They will have an opportunity to participate in the Flexible Benefit Options listed in the Flexible Benefit Options Exhibit.

The County will provide an employer flex credit monthly contribution of Two Hundred Sixty ($260) Dollars per month for "employees" who elect option B. Effective January, 2004, the Employer Flex Credit amount will increase to Two Hundred Ninety ($290) Dollars per month. Employees can use this contribution toward any of the Flexible Benefit Options listed in Exhibit I. Employees that wish to participate in the Flexible Benefit Options, with the exception of the cash back option, but do not have sufficient flex credits, can elect to have pre-tax payroll deductions in an amount to cover the cost of their elections.

16.04 Administration

a) No benefits will be paid to employees in Category B until proof of insurance is on file in the Personnel Office.

b) Part-time regular help employees will receive proportional benefits as provided above. All employees assigned to a one-half (1/2) time or more position, and the employees' dependents, shall be entitled to participate in the County's Flexible Benefits Plan as set forth in 16.01 above. This section does not affect part-time employees grandfathered into full-time benefit status under Section 16.01 of the MOU.

c) Any money deposited in the Flexible Benefits Account of an employee must be used during the plan year; otherwise, the remaining balance reverts to the County. Upon separation, the money will be disbursed in conformance with the rules and procedures explained to and authorized by the employee at the time of his/her enrollment.

16.05 Retired Employee Options

Employees who retire under the provisions of the County's retirement contract with the Public Employees' Retirement System (PERS) may continue to insure themselves and their insured dependents for the health benefit portion of the health plan by advising the Director of Human Resources and advancing the full health insurance premium for quarterly coverage for the employee (and dependents, if applicable).

As an option to the sick leave buy-back plan specified in Section 11.07 of the Memorandum, the employee may convert unused sick leave to health insurance premium payments as follows: The County shall calculate the value of the


employee's unused sick leave based on one day of sick leave on accrual on the date of retirement being converted to one month of employee only health insurance premium. This conversion shall be made at the time of retirement, and the amount shall be credited to the employee's "account." The employee's (and dependents, if applicable) health insurance premium, and any future premium increases, will be deducted from the account until the account is depleted. Upon depletion, the employee will be notified that they are responsible for assuming payment of the premiums. To continue on the plan, the employee shall advance the full health insurance premium for quarterly coverage for the employee (and dependents, if applicable).

Employees having ten (10) years of cumulative service with Butte County who, upon termination, immediately retire under the provisions of the County's contract with the Public Employees' Retirement System shall be eligible for the twelve (12) months of County paid health premiums (employee only) immediately following retirement, and may also continue to insure their dependents by advising the Director of Human Resources and advancing the dependents portion of the health insurance premium for quarterly coverage for that year, or by deducting the dependents portion from the employee's "account".

The employee may cover either the employee only or the employee and insured dependent(s) under this section to the Medicare Supplemental Qualifying age Rights to continuation of health coverage above are in addition to any right the employee has under COBRA.

16.06 Benefit Plan Review Committee The County-wide Benefit Plan Review Committee shall consist of one employee representative and one alternate to be appointed by each bargaining unit and one representative to be appointed by the non-represented management employees. The Director of Human Resources shall also serve as a committee member. Upon the Committee's request, the County's benefits consultant, representatives from other health plans and the employee organizations will also attend meetings. No other individuals shall attend the Committee's meetings.

The Committee shall obtain necessary data and information on benefit issues. The Committee shall be advisory to the Board of Supervisors and the recognized labor organizations. The County and Association shall continue to explore possible expansion of flexible benefit programs through the Benefit Plan Review Committee. Decisions as to health insurance providers, County insurance contributions, etc., shall be determined through the meet and confer process between the County and the individual bargaining units.

17.00 RETIREMENT

17.01 Retirement Plan. The County agrees to maintain the retirement plan (3% @ 50) currently in effect. Effective approximately March 1, 2003 the County agrees to


implement the 3% at 50 retirement formula for District Attorney Investigator classifications.; Concurrently District Attorney Investigator classifications shall have their salaries reduced by two (2%) percent.

17.02 Retirement Contribution.

a. The County will pay the employee's nine percent (9%) modified PERS contribution in a manner prescribed by PERS.

b. During the term of this agreement, the County will allow implementation of a mutually acceptable method of allowing retirement to be calculated as compensation for retirement purposes. Any such conversion will be done on a cost neutral basis to the County.

17.03 Retirement Credit for Sick Leave. An employee may, upon retirement from the County under PERS , use any sick leave accumulation not used as part of the calculated options for cash out or sick leave conversion as service time in accordance with the PERS formula.

18.00 REIMBURSEMENT OF EXPENSES

18.01 Mileage Reimbursement. An employee who has received authorization to use a privately-owned vehicle for County business, shall be reimbursed at the IRS rate for each mile driven on County business during the month.

18.02 Professional Organizations Fee Reimbursement. Subject to the approval of the Department Head, an employee may be reimbursed up to $30.00 for each professional fee as outlined below. Claims for fee reimbursement shall be submitted to the department pursuant to County policy. The following is a list of approved associations:

Organization

Calif. Homicide Invest. Assn.

Calif. DA Invest. Assn.Calif. Welf. Fraud Inv. Assn.

Calif. Check Invest. Assn.

Calif. Check Enforcement Assn.

Calif. Coroners Assn.

Calif. Narcotics Assn.


Calif. Internal Affairs Assn.

Calif. Canine Officers Assn.

Calif. Law Enforcement Background Investigation Assn.

Calif. Sexual Assault Investigators Association

Calif. Warrant Officers Assn.

Calif. Court Security Officers Assn.

Calif. Juvenile Officers Assn.

Calif. DARE Officers Assn.

International Assn. of Bomb Technicians

Airborne Law Enforcement Assn.

Law Enforcement Training Officers Assn.

Calif. Armed Rotary Assn.

Calif. Second-Hand Dealers Assn.

Calif. Cattle Theft Assn.

Calif. Corrections Assn.

Calif. Law Enf. Trng. Mgmt. Assn.

No. Calif. Narcotics Assn.

Natl. Assn. of Search & Rescue

18.03 Expense Reimbursement.

a. An appointing authority may assign and direct an employee to attend and participate in mandatory training courses. Failure or refusal of the employee to participate or attend the training courses may result in disciplinary action

b. When an employee is directed to attend mandatory training, the employee shall be provided a one hundred percent (100%) cash advance of the


expected cost of the training, including travel, meals, lodging and registration or incidental fees as required.

c. Should the cash advance exceed the "actual" cost of the training assignment, employees shall upon return from the training, provide the County a cash reimbursement of the unused amount. In the event the employee fails or is unable to refund the unused portion of the cash advance, the Auditor shall deduct that amount from the employee's next scheduled paycheck.

18.04 Meal Reimbursements. Employees shall receive meal reimbursements for POST reimbursed meals at the POST reimbursement rate. Non-POST reimbursement rates shall be paid at the rate of Forty ($40.00) Dollars per day for all unit personnel.

18.05 Tuition Reimbursement. Upon approval of the Department Head employees enrolled in college classes or courses which are job related shall be entitled to reimbursement of one-half (1/2) of the cost of required instructional materials or tuition, upon proof of successful completion of the class or course, up to a maximum of $500 per fiscal year.

19.00 OUTSIDE EMPLOYMENT

19.01 Authorization. No regular full-time employee of the County shall engage in any occupation or outside activity which is incompatible with County employment. Any employee who proposes to engage in an occupation or outside employment for compensation, shall inform the appointing authority in advance of the nature of such employment. The appointing authority shall, after making a determination whether or not such employment is in conflict with County employment, approve or disapprove the employee's request for outside employment. A copy of the approval or disapproval shall be forwarded to the Director of Human Resources to be included in the employee's personnel file. Regular employees of any County department may be employed as extra-help employees in the same or any other County department, with the approval of all involved department heads and the Director of Human Resources. Hours worked as extra help shall not count for retirement purposes, seniority purposes or overtime computation purposes.

19.02 Restricted Activities. Law enforcement employees shall not engage in any illegal activities or any outside employment or business involving the sale of or distribution of alcoholic beverages, any investigative work for an attorney, insurance companies, bail bond agencies or individuals involved in criminal or civil actions. Employees failing to comply with this section may be subject to disciplinary action.


20.00 SENIORITY AND LAYOFF PROVISIONS.

The provision set forth in the County Merit System Rules and Procedures concerning seniority and layoffs shall apply in all cases with the following exceptions.

a. Whenever an employee voluntarily demotes in rank in lieu of layoff as a result of a reduction in force, such employee's name shall be placed on a reinstatement layoff list for the higher position pursuant to Merit System Rules. However, should the employee subsequently terminate from County employment during the life of the layoff list, such employee's name shall be removed from the reinstatement list.

b. Whenever an employee voluntarily demotes in lieu of layoff then subsequently is reinstated to the higher class in which the employee previously served as a probationary employee, such employee shall have all previous time served in probation for such class as time toward completion of the required probationary period provided:

1. The employee previously completed at least two (2) months of the required probation period.

2. Reinstatement occurred within six (6) months of voluntary demotion in lieu of layoff.

3. The employee did not terminate from County employment but was reduced in rank to a position within the same department.

21.00 DISCIPLINARY ACTION

21.01 Right to Representation. The County shall advise the employee of their right to be represented by the Association for the following:

a. At any meeting in which disciplinary action is to be imposed or might reasonably be expected to be imposed.

b. At step one and beyond of the grievance procedure. If the employee elects to have representation present, and none is immediately available, the meeting will be postponed for up to twenty-four (24) hours, not including Saturdays, Sundays or holidays, in order for the employee to obtain representation. Nothing herein shall be construed to preclude the department and employee, after due consideration of the facts and circumstances of the department's allegations, from abandoning or modifying the proposed disciplinary action.


21.02 Notice to the Union. Upon receiving notification of disciplinary action, the Director of Human Resources shall notify the Association of the disciplinary action. Failure to notify the Association shall not effect the taking of such action.

21.03 Appeal of Disciplinary Action. An employee or the Association may appeal the taking action against an employee pursuant to the steps of the Grievance procedure, commencing at the step above the level at which the disciplinary action was taken or imposed.

21.04 Definition of Discipline. Disciplinary action means dismissal (except for probationary release or rejection, including promotional probationary release),demotion (except for demotion due to layoff or reduction in force), reduction in salary, suspension without pay and written reprimand. Disciplinary action may be taken by the department head or designee for just and reasonable cause as set forth in the County Personnel Rules.

21.05 Oral and Written Reprimand and Evaluation. Oral and written reprimands and evaluations shall not be subject to an appeal or grievance. Employees shall have the right to submit, within thirty (30) days after receipt, a reasonable amount of response and rebuttal material for inclusion in the employee's personnel file.

21.06 Pre-Disciplinary Notice. An appointing authority or designee proposing disciplinary action against an employee of demotion, discharge, or a suspension of five (5) days or more , shall first serve the employee with written notice of the proposed disciplinary action. The written notice shall include the right to respond to the appointing authority. The notice shall be served at least five (5) days prior to the effective date of the proposed disciplinary action. Service may be done personally or by certified mail. An appointing authority or a designated representative taking disciplinary action against an employee may, when it is necessary for the operation of the department, or to conduct an investigation into the allegation, assign the employee to less critical duties during the five (5) day review period. When extraordinary circumstances exist that require the immediate removal of the employee from the premises, an appointing authority or a designated representative may place the employee on paid suspension subject to call not to exceed five (5) days. If it is required to provide for full investigation of the allegations made against the employee and it is necessary for the operation of the department, the five (5) day period for reassignment or paid leave may be extended incrementally with prior approval of the Director of Human Resources.

Notice shall clearly specify the action taken, the reasons for the action including the particular facts and specific incident(s) involved and the effective date of the action. If the proposed disciplinary action is a demotion, the notice shall include a statement as to the duties to be performed and the salary for the position. The notice shall also advise the employee that a copy of the material(s) upon which the action is taken is either attached or available for review upon request during normal business hours. The notice also shall advise the employee of their right to


be represented and to respond in the pre-disciplinary hearing as described below prior to the effective date of the action, and the right to appeal or grieve as the case may be.

Copies of all notices and reply shall be forwarded to the Director-Human Resources.

21.07 Pre-Disciplinary Hearing. Prior to the effective date of the proposed disciplinary action, an employee or Association may request the department head or designee to hold a pre-disciplinary hearing for purposes of allowing the employee to respond to the allegation. Such hearing shall be promptly scheduled and held. The employee may be represented at the hearing.

22.00 GRIEVANCE PROCEDURE

22.01 Intent. An employee (or employees) shall have the right to present a grievance pursuant to this procedure. The employee (or employees) may be represented by an individual of their choice at step one and beyond of this procedure; provided however, that employees may not be represented by officers or staff who are employees of other employee organizations which represent other County bargaining units. Employees who present a grievance shall not suffer reprisal or other punitive action by the County or the Union because of the exercise of the right to present or appeal a grievance. An employee (or employees) who have a grievance shall be given reasonable time off without loss of pay or benefits to present the grievance to County management pursuant to this procedure.

22.02 Definition and Scope of Grievance.

a. A Grievance may be filed by an employee, a group of employees or, under circumstances described in Section 22.06 of this section, by the Association/Union of a management interpretation or application of this Memorandum of Understanding, the County Personnel Ordinance or the Personnel Rules.

b. Specifically excluded from the grievance procedure are subjects involving the amendment of state or federal law; Board of Supervisor’s resolution, ordinance or minute order; disciplinary actions except as provided for in Section 21.00; performance evaluations; denial of merit increases; discriminatory acts; or other matters which have other means of appeal.

22.03 Grievance Procedure Steps. The grievance procedure shall consist of the following steps, each of which must be completed prior to any request for further consideration of the matter. However, the County and Association/Union may agree to start the grievance procedure at any step on issues involving Association/Union rights. Further, County management is required at all formal levels of the grievance procedure to consult with the Director of Human


Resources, or their designee, concerning the relationship of the grievance to Federal, State, or County law, resolution or minute order or Memorandum of Understanding to the employee’s wages, hours or conditions of employment. The Director of Human Resources shall also provide advice as to the effect of any proposed grievance settlement on other County departments. No grievance resolution shall be final until this consultation step has been completed. Time limits set forth herein are not waived pending consultation with the Director of Human Resources or their designee.

Notice that County intends to enforce this portion of the contract: Prior to filing the formal grievance pursuant to Step 1 below, the employee is required to informally discuss the matter with their supervisor to determine if the issue may be resolved. If the supervisor, however, is not available to meet with the employee or does not respond within five (5) days, the employee may formally file the grievance in accordance with Step 1 or 2 below, whichever is appropriate.

Step (1)_ Second-level Management Representative.

(This step is optional and may be omitted from the procedure in a department or a division thereof by the appointing authority. The County shall provide the Association/Union with a written list of those departments which will utilize this step.) If the issue is not settled by informal discussion, it may be formally submitted to the second level management representative designated by the appointing authority. The grievance shall be submitted within fifteen (15) days of the occurrence or the employees knowledge of the occurrence which gives rise to the grievance. It shall be submitted formally in writing stating the nature of the grievance and the suggested solution. Within seven (7) days after receiving the written grievance, the second-level management representative shall meet with the employee. Within seven (7) days thereafter a written decision shall be delivered to the employee.

Step (2) _Appointing Authority.

If the grievance is not settled under the Step 1 option, it may be formally submitted to the appointing authority. The grievance shall be submitted within seven (7) days after receipt of the written decision from Step 1. Within seven (7) days after receipt of the written grievance, the appointing authority or designated representative shall meet with the employee. Within seven (7) days thereafter, a written decision shall be delivered to the employee.

Step (3) Mediation

If the grievance is not resolved after Step 2, as an alternative to proceeding directly to Step 4, Arbitration, the grievance may be submitted to mediation. A request for mediation may be presented in writing to the Human Resource Director within seven (7) calendar days from the date a decision was rendered at


Step 2. As soon as practicable thereafter, or as otherwise agreed to by the parties, a mediator shall hear the grievance. A request for mediation will automatically suspend the normal processing of a grievance until the mediation process is completed. The mediation process shall be optional, and any opinion expressed by the mediator shall be informal and shall be considered advisory.

Step (4) _ Arbitration.

If the parties are unable to reach a mutually satisfactory resolution of the grievance as a result of discussion at Steps 1 and 2, or if there is a dispute as to whether or not the grievance meets the definition of a grievance under Section 22.02 hereof, the issue shall be submitted to an impartial arbitrator who shall be designated by mutual agreement of grievant and his/her representative and the Director of Human Resources. To the extent possible, the parties shall utilize a standing arbitrator. This step is available only to grievances being brought forward by the Association/Union. For all other grievances, Step 2 shall be the final step.

1. Should the grievant and his/her representative and the Director of Human Resources fail to reach agreement on selection of the arbitrator within fifteen (15) days, they shall jointly request a list of five (5) qualified arbitrators from the California State Mediation and Conciliation Service. This request shall be submitted within five (5) days of the failure to reach mutual agreement on selection of an arbitrator. If mutual selection cannot be made from the list received within five (5) days, the parties shall select the arbitrator by alternately striking names until only one name remains; that person shall serve as the arbitrator. The party which strikes the first name from the list of arbitrators shall be determined by a toss of a coin. The parties shall immediately request available dates from the selected arbitrator.

If an arbitrator has no available dates within the sixty (60) day period following a request, the parties shall immediately request another list from the Mediation and Conciliation Service.

2. The grievant and his/her representative shall invoke the arbitration step within twenty-one (21) days of receipt of a decision at Step 2 of this procedure by submitting a written request for arbitration to the Director of Human Resources.

3. The County and Association/Union shall share the arbitration cost on a 50/50 basis. Each party, however, shall bear the cost of its presentation including preparation and post-hearing briefs, if any, provided that witnesses necessary to the presentation of the employee’s case shall be granted necessary time off without loss of pay or benefits to appear at the arbitration hearing.


4. Decisions of arbitrators on matters properly before them shall be final and binding on the parties hereto to the extent permitted by law.

5. No arbitrator shall entertain, hear, decide, or make recommendations on any dispute unless such dispute involves a position in the Unit represented by the Association/Union and unless such dispute falls within the definition of a grievance as set forth in Section 22.02 and is consistent with all provisions herein. Any dispute as to arbitrability shall be decided prior to any hearing on the merits unless the arbitrator rules that the issues are not separable. Whenever possible, a bench arbitrability decision shall be issued immediately.

6. Proposals to add to or change the Memorandum of Understanding or written agreements or addenda supplementary thereto shall not be arbitrated and no proposal to modify, amend or terminate this Memorandum of Understanding, nor any matter or subject arising out of or in connections with such proposal, may be referred to arbitration under this section.

7. No arbitrator shall have the power to amend or modify this Memorandum of Understanding or a law, ordinance, resolution, regulation or rule which is within the authority of the Board of Supervisors or other legislative body or to establish any new terms or conditions of employment. The arbitrator’s decision shall be limited only to the applications and interpretation of the existing rule in the matter referred for consideration.

8. Failure to pursue arbitration pursuant to the time lines outlined in this section shall constitute an abandonment of the grievance.

9. The County and Union shall exchange witness lists seven (7) calendar days prior to Arbitration Hearings. Should it become necessary to supplement the list(s), the other party will be notified as soon as possible.

22.04 Consistent Awards. No settlement or award shall be made under the grievance procedure which is inconsistent with the terms and conditions of this Memorandum of Understanding or any other County law, ordinance, resolution, regulation or rule, that is not superseded by the MOU. The Director of Human Resources shall have the authority to settle grievances of up to $10,000 in accordance with Board Resolution No. 01-013.

22.05 Administration of the Grievance Procedure.

1. As used herein, a “formally submitted grievance” shall include a concise description of the problem; the section or sections of the memorandum, law, ordinance, resolution, regulation or rule alleged to have been


violated; the proposed remedy; the date of the grievance; the date the grievance was filed; and the signature(s) of the person or persons filing the grievance.

2. If an employee does not present the grievance, or does not appeal the decision rendered regarding the grievance within the time limits, the grievance shall be considered resolved.

3. If a County representative does not render a decision to the employee within the time limits, the employee may, within seven (7) days thereafter, appeal to the next step in the procedure.

4. If in the judgment of a management representative, the management representative does not have the authority to resolve the grievance, the grievance may be referred to the next step of the procedure.

5. By agreement in writing, the parties may extend any and all of the time limits of the grievance procedure.

6. A copy of all formal grievance decisions shall be forwarded to the grievant, the Director of Human Resources and the Association/Union.

7. After consultation with the Association/Union, the Director of Human Resources may temporarily suspend or consolidate grievance processing on a section-wide basis in an emergency situation. Emergencies shall be defined as natural or civil disaster or overburdening of the grievance procedure by submission of multiple grievances filed as a job action tactic. The Association/Union may appeal the suspension or consolidation action of the Director of Human Resources at the arbitration step of the grievance procedure. In the event of such appeal, the County and the Association/Union agree to jointly request a list of arbitrators from the State Mediation and Conciliation Service within two (2) working days of the Director of Human Resource’s action and to select an arbitrator within five (5) calendar days of receipt of the list. The party which loses the appeal of the Director of Human Resource’s action under this section shall pay the full cost of the arbitrator.

22.06 Association/Union's Standing to Grieve. The Association/Union shall have standing to grieve beginning at the first formal step as follows:

a. On all matters relating to Association/Union rights or prerogatives or on matters relating to the Association/Union’s business relationship with the County.

b. On behalf of former County employees regarding their termination rights and benefits.


c. Where the Association/Union determines that there is a substantial non-compliance with an otherwise grievable matter where no specific employee is directly affected by an interpretation or application of the County affecting otherwise grievable terms and conditions of employment.

d. Where a grievance filed by an employee representing themselves or having a representative other than the Association/Union is resolved in a manner the Association/Union believes to be inconsistent with the Memorandum of Understanding.

e. Where the Union/Association believes that an individual employee is being denied rights under the agreement but the individual declines to file a grievance. In this case, the individual must be named.

23.00 SAFETY

23.01 Safe Working Conditions. When an employee has reason to believe a work assignment is in an unsafe work area or involves unsafe equipment, the employee shall report the problem to the immediate supervisor and may refuse to work in the area or use the equipment until it has been inspected by the supervisor. Should the supervisor, after such inspection, order the employee to work, the employee shall do so unless the employee believes, within reason, the work environment to be unsafe. In such instances, the employee may request the department head or assistant department head to inspect the work area. The employee will be assigned other work until the inspection is made. The decision of the department head is final. Nothing herein shall be deemed to waive the employee's rights under CAL-OSHA.

23.02 County Safety Committee. The Deputy Sheriff's General Unit shall designate one (1) representative to the Safety Committee. The purpose of the Safety Committee shall be to review safety policies and procedures and to make recommendations. The committee shall be advisory to the County and recognized employee associations and shall publish a written annual report.

23.03 Departmental Safety Plan The County and Association agree that they will both adhere to the settlement agreement dated September 14, 1983 in Butte County Superior Court Case number 78476.

23.04 Firearms. The Association hereby indicates its acceptance of the applicable firearm policy.


24.00 EMPLOYEE ASSISTANCE PROGRAM

The Employee Assistance Program shall be maintained in effect for the term of this agreement. Participation in the program is voluntary.

25.00 VEHICLE STANDARDS

The Association shall designate a representative to meet with management to make recommendations on the selection, equipping and replacement of vehicles.

26.00 CHILD CARE COMMITTEE

The Association agrees to participate in the County Childcare Committee.

27.00 CATASTROPHIC LEAVE

The Catastrophic Leave Plan shall remain in effect for the term of this Agreement as outlined and attached hereto as Attachment D.

28.00 DISABILITY INSURANCE

The County will pay the actual cost of a long term disability insurance program for unit employees, not to exceed Twenty-two Dollars ($22.00) per employee per month. The County's sole obligation shall be to provide the monthly premium and reconcile the monthly bill. The Association is responsible for selection of and enrollment of members in the insurance program and shall fully indemnify, hold harmless and defend the County against any claims arising from the program.

29.00 UNIFORM POLICY

For the term of this agreement, the County will continue to provide uniforms pursuant to Departmental order 3010.

The County shall report to PERS monthly the following amounts for the value of County provided uniforms:

- Sheriff Safety $21.00/mo.

30.00 CLASSIFICATION/COMPENSATION STUDY

If a dispute arises as to the proper classification of any member of DSA, this dispute shall be submitted to a three party panel for resolution. This panel shall consist of a representative of the Association’s choosing, a representative of the County’s choosing and a third party neutral selected from the State Mediation Services. The decision of the panel shall be final and binding on both the County and the Association.


Within thirty (30) days of the completion of the classification and compensation study including any appeals processed pursuant to the paragraph above, the parties agree to meet and confer on possible implementation of the study results.

The City and Association agree that the following agencies will be utilized by Public Sector Personnel Consultants for compensation comparison purposes:

El DoradoMercedNapaPlacerSacramentoSanta CruzShastaSolanoSonomaStanislausYoloSutterChicoReddingOrovilleCHPDepartment of Justice – Special Agent (County will direct Public Sector Personnel Consultants to review this and classification of DA Investigator to determine if comparison is appropriate).

31.00 PERSONNEL RULES

The County and Association have agreed on modifications to the County’s Personnel Rules as set forth in Exhibit II.

32.00 TRAVEL POLICY

The County and Association have agreed on modification tothe County’s Travel Policy as set forth in Exhibit II.

33.00 FULL AGREEMENT

It is understood this agreement represents the complete and final understanding on all negotiable issues between the County and the Association. This agreement supersedes all previous Memoranda of Understanding or Memoranda of Agreement between the County and the Association, except as specifically referred to in this agreement. All ordinances, resolutions or rules not specifically referred to in this agreement shall not be superseded, modified or repealed by implication or otherwise by the provisions hereof. The parties for the term of this agreement, voluntarily and unqualifiedly agree to waive the obligation


to negotiate with respect to any practice, subject or matter which may not have been within the knowledge of the parties at the time this agreement was negotiated and signed. In the event any new practice, subject or matter arises during the term of this agreement and any action is proposed by the County, the Association shall be afforded notice and shall have a right to meet and confer upon their request. In the absence of agreement on such proposed actions, the County reserves the right to take the necessary action by management direction.

34.00 ENACTMENT

This Memorandum of Understanding shall become effective when ratified by the Association's membership and the Butte County Board of Supervisors. Upon such adoption, the provisions of this memorandum shall supersede and control over conflicting or inconsistent County ordinances, resolutions or rules.

35.00 SAVINGS CLAUSE

If any provision of this memorandum shall be held invalid by operation of law or by a court of competent jurisdiction, or if compliance with or enforcement of any provision shall be restrained by any tribunal, the remainder of the Memorandum of Understanding shall not be affected thereby, and the parties shall enter into negotiations for the sole purpose of arriving at a mutually satisfactory replacement for such provision or provisions.

36.00 PEACEFUL PERFORMANCE

The parties to this Memorandum of Understanding recognize and acknowledge that the services performed by County employees covered by this agreement are essential to the public health, safety and general welfare of the residents of the County of Butte. The Association agrees that under no circumstances will the Association recommend, encourage, cause or permit its members to initiate, participate in, nor will any member of the bargaining unit take part in any concerted work stoppage, slowdown, or boycott picketing (herein collectively referred to as a work stoppage), in any office or department of the County, nor to curtail any work or restrict any production, or interfere with any operation of the County. In the event of any work stoppage during the term of this Memorandum of Understanding, whether by the Association or by any member of the bargaining unit, the Association by its officers, shall immediately declare in writing and publicize that such work stoppage is illegal and unauthorized and further direct its members in writing to cease said conduct and resume work. Copies of such written notice shall be served upon the County. If in the event of any work stoppage the Association promptly and in good faith performs the obligations of this paragraph, and providing that the Association has not otherwise authorized, permitted or encouraged such work stoppage, the Association shall not be liable for damages caused by the violation of this provision; however, the County shall have the right to discipline, to include discharge, any employee who instigates, participates in, or gives leadership to, any work stoppage activity, herein prohibited and the County shall also have the right to


seek full legal redress including damages against the employee. The County shall engage in no lockout of employees covered by this memorandum for the term of this Memorandum of Understanding.

37.00 TERMS OF AGREEMENT

This Memorandum shall become effective in full and effect up to and including March 31, 2004. The County and Association shall begin the meet and confer process by February 15, 2004, and good faith effort to conclude negotiations by April 1, 2004.


Signed and entered into this _____________________ day of ____________________, 2004.

COUNTY OF BUTTE BUTTE COUNTY DEPUTYSHERIFF'S ASSOCIATION

_______________________________ ___________________________________

_______________________________ ___________________________________

______________________________ ___________________________________

ASSOCIATION RATIFICATION

Ratified by the Butte County Deputy Sheriff's Association on this ______________ day of ___________________, 2004.

_______________________________________President, Butte County Deputy Sheriff's Association

COUNTY RATIFICATION

Ratified by the Butte County Board of Supervisors this ________________ day of______ _____________, 2004. Minute Order No. _____________

_______________________________________ Bob Beeler, ChairButte County Board of Supervisors

ATTEST:

Paul McIntoshChief Administrative Officerand Clerk of the Board of Supervisors

By: __________________________________________


ATTACHMENT

A

Salary Schedule


ATTACHMENT B-1

Release Time Bank Procedure


Deputy Sheriff’s AssociationRelease Time Bank Procedure

1. Employee seeking to use release bank donations will obtain release time form from department personnel/ payroll representative well in advance of the anticipated use date. The employee will indicate which leave balance will be used for affected time with the realization that reimbursement of leave is dependent on the available balance in the Association release time bank.

2. Once completed employee will submit form to department in advance of the use date for approval and certification of cumulative hours used in the calendar year. The department personnel/payroll representative will monitor leave bank usage for authorized bargaining unit members to assure the maximum time limits are not exceeded.

3. Once Department approval is attained in advance of the use date, form will be forwarded to Human Resources. Human Resources will certify employee’s eligibility to use time bank donations.

4. Once Human Resources certification is obtained, in advance of the use date, form will be forwarded to the Auditor’s office, payroll section, where the transfer of leave credit will be made from the release time bank to the employee’s leave balance.

5. Department payroll representative will charge employee’s chosen leave balance per form.

***If there are not sufficient leave credits available the form will be returned to the employee’s department.


ATTACHMENTB-2

Release Time Bank Form


County of ButteDeputy Sheriff's Association Release Time Bank

In accordance with MOU section 4.06 I certify that I am an Association officer or bargaining unit member and as such I am eligible to draw from the Association Release Time Bank for the following purpose:

a. Preparation Date for time off:b. Association meetings Duration of time off:c. PORAC related meetingsd. To assist a member at the formal steps of the

disciplinary and/or grievance procedure.

I understand that I will use my own leave accruals and be reimbursed through the leave bank.

I choose to use the following leave:a. Comp timeb. Vacationc. Holiday

I further understand that this reimbursement of hours is limited to a maximum of 40 hours per year per officer/bargaining team member (for purposes a, b, c) and that it is also limited by the amount of donations in the leave pool.

I understand requests to utilize time bank donations must be made reasonably in advance of use and approval is subject to the operational necessity of the department. I further understand that the County is not required to grant time bank usage if to do so would result in overtime.

Print full name_________________________________ Employee No._______________

Employee Signature ____________________________ Date_______________________

Department___________________________________

For Department Use

Department Approval

Signed_____________________ Date__________________________

Cumulative hours utilized in current calendar year______________________________

For Human Resources Department Use

I certify that the applicant is an Association officer or bargaining unit team member and as such is eligible for hours from the Association release time bank:

Signed______________________________________________ Date________________________For Auditor's Office Use

All conditions for utilization of the Association release time bank have been met and ________________hours were transferred on (date)__________________

Signed______________________________________________ Date________________________


ATTACHMENT C

Family Care and Medical Leave Policy


FAMILY CARE AND MEDICAL LEAVE POLICY

General Policy

Under provisions of the California Family Rights Act (CFRA), CCR Section 825 and the Federal Family and Medical Leave Act (FMLA), 29 U.S.C. Section 2601 et seq., Butte County may grant Family Care and Medical Leave (FCML) to a qualifying employee, provided the employee has worked for Butte County for a minimum of 12 months, and has worked at least 1,250 hours in the 12-month period immediately preceding the date the leave begins. Leave may be taken under this policy for up to 12 workweeks in a 12-month period (leave year) for family care and medical leave. Requests for leave in excess of 12 workweeks whether in a paid or unpaid status shall be reviewed on an individual basis relative to the needs of the employee and the needs of the department. The 12-week allowance provided per year is calculated on a calendar year basis commencing the first day that qualifying leave is taken. FMLA and CFRA run concurrently, except in the case of pregnancy disability (discussed further under coordination of PDL, FMLA AND CFRA leaves).

Under allowable circumstances, a department head may grant FMLA to a key employee but refuse reinstatement if it will cause the department substantial and grievous economic injury. In this situation, however, the department head must notify the employee in writing at the time he or she requests or commences the leave (whichever is earlier) that he or she qualifies as a key employee and what the potential consequences are with respect to reinstatement.

Except where the law authorizes a different result, an employee who complies with the provisions of this policy will be guaranteed reemployment upon expiration of an approved leave. The employee will be re-employed in the same or an equivalent position as that which he or she occupied when the leave commenced. An employee who takes a leave because of his or her own serious health condition must provide a medical certification prior to returning to work, which verifies that he or she is able to return to work in the same manner as employees who return from other types of medical leave. If an employee fails to return for work immediately after the expiration of the approved leave period, and unless an extension has been requested and granted, the employee may be considered to have voluntarily separated from the employer’s employ. However, consideration may be given to sufficient documentation, which demonstrates both the employee’s need for the extended leave and an inability by the employee to have properly notified the employer of the need.

Leave granted under this policy for part-time employees shall be calculated on a pro-rata basis in accordance with their regular work schedule. For those occupying positions with irregular hours, the average workweek shall be determined by taking an average of the hours worked per week over the previous three-month period.

Upon receipt of a request by an employee for FCML, the department head shall immediately forward such notice to the Director – Human Resources. The Director – Human Resources shall have full authority to approve such requests in accordance with the provisions of this policy.


Definitions

For purposes of this policy, the following definitions shall apply:

“California Family Rights Act” (CFRA) means leave may be taken for any of the following reasons:For the birth of a child for purposes of bonding;For the placement of a child in the employee’s family for adoption or foster care;To care for the serious health condition of the employee’s child, parent, or spouse;For the employee’s own serious health condition.

“Certification” means a written communication from the health care provider verifying that the employee is unable to work due to his/her serious health condition or that of his/her immediate family member.

“Child” means a biological, adopted, or foster child, stepchild, or legal ward of the employee, or a child of a person standing in loco parentis who is either:Under eighteen years of age; 18 years or older who is incapable of self-care because of a mental or physical disability;An adult child, as approved by the Human Resource Director with evidence provided by the employee that he or she is the only individual available to provide the required care.

“Employer” means the County of Butte.

“Family and Medical Leave Act” (FMLA) means leave may be taken for any of the following reasons:To care for the employee’s child after birth, or placement for adoption or foster care. (Leave for this reason must be taken within the 12-month period following the child’s birth or placement with the employee);To care for an immediate family member who has a serious health condition;For a serious health condition of the employee which prevents him or her from being able to perform the essential functions of his or her position. This includes pregnancy, childbirth or a related medical condition, which are considered serious health conditions under FMLA.

“Employment in the same or an equivalent position” means employment in a position that has the same or similar duties and pay, which can be performed at the same or similar geographic location as the position held prior to the leave.

“Health care provider” means an individual duly licensed as a physician, surgeon, or osteopathic physician or surgeon who directly treats or supervises the treatment of the serious health condition, or any other person determined by 29 CFR 825.800 to be capable of providing health care services under the federal Family and Medical Leave Act.

“Immediate Family” means spouse; natural, step, or legal child or parent; brother, sister; grandchild; grandparent; mother-in-law and father-in-law, brother-in-law, sister-in-law.


“Key Employee” means an employee whose salary is in the top 10% of paid employees, either at the work location or within a 75-mile radius of the work location.

“Leave Year” means 12 weeks of leave allowed under FMLA/CFRA and is calculated on the calendar year, January-December of each year.

“Parent” means a biological, foster, or adoptive parent, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child.

“Serious health condition” means an illness, injury, impairment, or physical or mental condition that involves provisions as set forth in 29 CFR 825.114 including either of the following:

Inpatient care in a hospital, hospice, or residential care facility;Any period of incapacity requiring absence from work for more than three consecutive calendar days (including a subsequent treatment or incapacity relating to the same condition) that also involves:Treatment two or more times by a health care provider, by a nurse or physician’s assistant under direct supervision of a health care provider of health care services (e.g. physical therapist) under orders of, or on referral by, a health care provider; orTreatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.

Required Notice and Medical Certification

When the Human Resources Department is notified by the employee’s department that an employee has been absent for more than three consecutive calendar days, the employee shall be put on provisional FMLA/CFRA pending final determination of eligibility. Certification from the employee’s treating medical care provider must be provided to the Human Resource Department within 15 days following notification of provisional FMLA/CFRA status, in order to continue to be covered under this provision.

If the employee’s need for leave under this policy is foreseeable, the requesting employee shall provide his or her department head with reasonable advance notice at least 30 days advance notice in writing of the need for leave. If the employee’s need for leave is foreseeable, reasonable effort should be made to schedule the treatment to avoid disruption to the operations of the employer. If the employee’s need for leave is not foreseeable, the requesting employee must provide notice as soon as practicable.

An employee’s request for leave to care for an immediate family member who has a serious health condition, shall be supported by a certification issued by the health care provider of the individual requiring care. Failure to provide such certification shall result in the denial of the requested leave. Certification shall be considered sufficient if it includes all of the following:

The date on which the serious health condition commenced,The probable duration of the condition,


An estimate of the amount of time that the health care provider believes the employee needs to care for the individual requiring the care,A statement that the serious health condition warrants the participation of the employee to provide care during a period of the treatment or supervision of the individual requiring care.

If additional leave is required, on or before the expiration date of the time estimated by the health care provider, the employee shall be required to obtain re-certification and shall be required to provide said re-certification to the employer.

An employee’s request for leave because of the employee’s own serious health condition shall be supported by a certification issued by his or her health care provider. Failure to provide such certification shall result in the denial of the requested leave. Certification shall be considered sufficient if it includes all of the following (CFR 825.311):

The date on which the serious health condition commenced.The probable duration of the condition.A statement that, due to the serious health condition, the employee is unable to perform the essential functions of his/her position.

If additional leave is required, on or before the expiration date of the time estimated by the health care provider, the employee shall be required to obtain re-certification regarding the employee’s serious health condition and to provide said re-certification to the employer.

As a condition of the employee’s return from leave taken because of the employee’s own serious health condition, the employer shall require the employee to obtain a fitness for duty certification from his or her health care provider, at the employee’s expense, that the employee is able to resume work (CFR 825.310).

In any case in which the employer has reason to doubt the validity of the medical certification provided by the employee for the employee’s own serious health condition, the employer may require, at the employer’s expense, that the employee obtain the opinion of a second health care provider designated or approved by the employer concerning any information certified. In any case in which the second opinion described above differs from the opinion in the original certification, the employer may require, at the employer’s expense, that the employee obtain the opinion of a third health care provider. The third health care provider must be approved by the employer and the employee; the decision of the third health care provider shall be final and binding.

Intermittent or Reduced Leave

Leave may be taken intermittently or on a reduced leave schedule to care for an immediate family member with a serious health condition or because of the employee’s own serious health condition when medically necessary, and will be counted towards the employee’s 12 week FCML leave.

Coordination of leave accruals while on FMLA/CFRA


An employee taking leave under the FCML policy shall be required to exhaust all sick leave prior to being authorized to take unpaid leave. All leave taken in coordination with FCML is computed toward the total 12-week allowance per year under FCML.

Effect on benefits while on FMLA/CFRA

Paid LeaveDuring any period that the eligible employee takes paid leave under the provisions of this policy, the employer shall continue to pay the “employer” portion of the medical, dental, and vision insurance premiums; provided, however, that said employee was eligible for such county paid benefit prior to taking FCML. An employee shall continue to participate in and accrue benefits during any portion of the leave in which the employee remains in a paid status.

Unpaid LeaveDuring any period that an eligible employee takes unpaid leave under the provisions of this policy, the employer shall continue to pay the “employer” portion of the medical, dental, and vision insurance premiums; the employee, however, shall be responsible for continued payment of the employee portion of medical, dental and vision insurance premiums, provided that said employee was eligible for such benefits prior to taking FCML. Coordination of payment of the employee portion of the medical, dental and vision insurance payments is made through the Butte County Auditors office. The employee shall retain employee status with the employer, and the unpaid leave shall not constitute a break in service for purposes of longevity or seniority.

Return to work from FCML

The use of authorized FCML shall not result in the loss of any benefit accrued prior to the start of the FCML, with the exception of any accrued leave used in conjunction with the approved leave. During approved family care and medical leave, the employee shall retain employee status with the employer, and the leave shall not constitute a break in service for purposes of longevity, seniority under any collective bargaining agreement, or employee benefit plan.

If an employee qualifies for and takes unpaid leave in excess of two full and consecutive pay periods for a qualifying purpose under FCML, the anniversary date and any associated merit increase shall be extended by an amount which is equivalent to the total unpaid leave.

Any increases to pay or change in benefits which are not dependent upon seniority accrual during the leave period will be made effective upon the employee’s return to paid status.

COORDINATION OF FMLA/CFRA/PDL

FMLA and CFRA

Leave provided under the County’s FCML policy shall run concurrently with leave taken pursuant to the FMLA and the CFRA (including leave taken intermittently), except for any leave


taken under the FMLA for disability on account of pregnancy, childbirth, or related medical leave exceeding twelve workweeks in a twelve month period.

FMLA, CFRA and Worker’s Compensation Leave

Leaves of absence taken due to a work related injury or illness qualify under this policy. The rules for coordination of benefits for leave of this nature is the same as that for other qualifying leaves under this policy.

PDL, FMLA and CFRA

Leaves related to medical disability due to pregnancy, childbirth or other related medical conditions are governed by three separate laws.

Under the California Fair Employment and Housing Act, if an employee is disabled due to pregnancy, childbirth or a related medical condition, she is eligible for Pregnancy Disability Leave (PDL). PDL provides up to four months of time off for a pregnancy related disability. Medically approved leave may be taken consecutively or intermittently for the four-month period. PDL provides job protection for the employee but does not pay medical benefits. An employee may be eligible for PDL even if she doesn’t meet the qualifications for FMLA/CFRA.

The Federal Family and Medical Leave Act (FMLA) regulations define pregnancy, childbirth and related medical conditions to be a “serious health condition.” FMLA runs concurrently with the four months of PDL for up to 12 weeks if the pregnancy disability lasts for the full 12 weeks of allotted FMLA leave. During the FMLA the employer’s portion of medical, dental and vision premium payments will continue to be made. The employee’s portion of payments for medical benefits will be paid out of the employee’s paycheck if the employee is in paid status. If the employee is in non-paid status, he/she will have to make arrangements to pay his/her portion of the premiums to the Auditor’s office.

When an employee and his/her spouse are both employed by Butte County, a combined total of 12 workweeks is allowed for family leave for the birth or placement of a child for adoption or foster care under CFRA/FMLA.

The California Family Rights Act (CFRA) eligibility provides for bonding after the birth of a baby. CFRA does not start until the mother is released from pregnancy disability by her doctor. If an employee has not used the full 12 weeks of FMLA, it will run concurrently with CFRA. An employee must qualify for FMLA when their pregnancy leave first begins in order to qualify for CFRA. CFRA also provides for continuation of the employer portion of the health, vision and dental benefits for the 12 week period. If an employee uses her full 12 week entitlement of continuation of health care benefits during the FMLA/PDL leave and then takes the CFRA after the birth of her child to bond, the County is not required to pay her health benefits during the CFRA leave. If an employee has exhausted her PDL/FMLA leave prior to the birth of her baby then CFRA will be started on the date her PDL runs out.


The total amount of time available for coordination of PDL, FMLA and CFRA for pregnancy disability leave is four months and 12 weeks. Medical Certification - Pregnancy Disability Leave

“Certification” for this purpose means a written communication from the health care provider of the employee that either the employee is disabled due to pregnancy or that is it medically advisable for the employee to be transferred to less strenuous or hazardous duties (DFEH reg. Section 7291.2).

The certification indicating disability necessitating a leave should contain:

The date on which the employee became disabled due to pregnancy;The probable duration of the period or periods of disability, andAn explanatory statement that, due to the disability, the employee is unable to work at all or is unable to perform any one or more of the essential functions of her position without undue risk to herself, the successful completion of her pregnancy, or to other persons. If an employee must cease work prior to delivery, a medical certification of disability is required at that time and after delivery. (A pre-delivery statement of disability does not apply once delivery has occurred since the medical circumstances have changed.) For employees on FMLA designated leave, the medical information is required in order to know when pregnancy disability has ended and the 12-week CRFA leave entitlement begins.

Provisions Not Addressed in This Policy

For provisions not addressed herein, the provisions of FMLA, CFRA, PDL shall be controlling.

No Reprisal

In any inquiry or proceeding related to rights guaranteed under this policy, Butte County shall not discharge, fine, suspend, expel, discriminate against, or refuse to hire, any individual because of an individual’s sole exercise of the right to family care and medical leave; or for an individual’s giving information or testimony as to his/her own family care and medical leave, or another person’s family care and medical leave.


ATTACHMENT D

Catastrophic Leave Pool Agreement


CATASTROPHIC LEAVE POOL AGREEMENT

The purpose of the Catastrophic Leave Pool is to enable regular employees to receive and donate vacation and compensatory time off (CTO) leave credits to assist employees who have no leave and who will suffer a financial hardship due to prolonged illness or injury to themselves or a member of their immediate family as defined in Personnel Rules 2.36.

The following conditions shall apply to Catastrophic Leave:

1. Catastrophic leave refers to a leave of absence related to the serious health condition of a regular employee and is available to such regular employees (or immediate family member) if that employee has exhausted all paid leave through bona fide serious illness or accident.

2. The leave pool shall be administered by the Auditor-Controller.

3. Donations may be made between bargaining units if mutually agreed upon by the respective units and the County.

4. Employees must be in regular appointed positions to be eligible for catastrophic leave.

5. The employee may be on disability benefits and use the leave pool credits in the same manner that sick leave is used to supplement disability benefits.

6. All donations are to be confidential, between the donating employee and the Auditor-Controller.

7. Employees donating to the pool must have forty (40) hours of vacation available after making a donation.

8. Donating employees must sign an authorization, including specifying the specific employee to be a recipient of the donation.

9. Donations will be subject to applicable laws.

10. The availability of Catastrophic Leave shall not delay or prevent the County from taking action to medically separate or disability retire an employee.

11. Catastrophic Leave due to illness or injury of an immediate family member may require medical justification as evidence by a physician’s statement that the presence of the employee is necessary.

12. Catastrophic leave does not apply to such conditions as the flu, colds, conditions requiring less than a pay period’s absence, or to normal pregnancy.

13. Catastrophic leave ends upon an employee’s return to the regular work schedule. If additional leave and donations are needed after the employee is returned to the regular schedule, a new application must be submitted. If an employee is returned to work on a part-time schedule and donations still exist for that individual, the appointing authority must submit notification to the payroll division of the employee’s department that intermediate use is authorized.


EXHIBIT I

Flexible Benefit Options


Butte County Flexible Benefits Options

Employee A

1. Core Plan (must enroll in all three).

a. A PERS medical option.

b. Dental Plan of America or any of the Delta Dental Plan Options.

c. Medical Eye Services Plan.

2. Flexible Benefit Options.

a. Taxable cash back of up to $260.00/month (based on sufficient flex credits).

b. Pre-Tax spending accounts:

Dependent Care.

Unreimbursed medical expenses.

Employee B

1. Flexible Benefit Options.

a. Taxable cash back of up to $210.00/month (based on sufficient flex credits).

b. Pre-Tax spending accounts:

Dependent Care.

Unreimbursed medical expenses.


APPENDIX IIPersonnel Rule

Revisions


PERSONNEL RULE AMENDMENTS

2. Definitions

PROVISIONAL APPOINTMENT: The appointment to a regular budgeted position when no eligible list exists of a person who meets the minimum qualifications of the position, for a period of time not to exceed (6) six months in duration or (60) sixty days following the establishment of an eligibility list for the position, whichever is less. Such appointment is not eligible for departmental promotional recruitments, unless employee was a regular help employee within the department immediately prior to the provisional appointment.

2.54 REASONABLE CAUSE

Reasonable cause refers to the condition or conditions existing which may justify the discharge, demotion, or suspension of an employee. Reasonable cause may include, but not be limited to, the following:

j) Unexcused absence from duty, abuse of sick leave or excessive absenteeism (except for those absences related to qualifying family medical leave)

5.4 SPLIT POSITIONS

a. The Director - Human Resources may authorize Physician, Psychiatrist, Psychologist, and nursing and health care professional positions to be filled by less than full-time employees in any number so long as the total aggregate time in each class does not exceed the full-time equivalent of the positions authorized in the salary ordinance.

b. With the concurrence of the department head, the Director-Human Resources may authorize any two (2) employees, within the same classification and department to share one (1) allocated position. All sick leave, vacation leave, earned administrative leave and holiday leave shall be prorated on a 50/50 basis. PERS retirement accrual shall be calculated on a prorated basis pursuant to PERS regulations. Additional hours worked by either of the two parties to this provision shall be paid on a straight time (non-overtime) basis up to forty (40) hours in a week with prior approval of the immediate supervisor.

6.2 APPLICATIONFOR EXAMINATION

a) Veterans’ Preference Points

For the purposes of this section, a veteran means any person who has served in the United States’ Armed Forces and who has been discharged or released under conditions other than dishonorable and who served:

During the period December 7, 1941 to July 1, 1995; or At least 181 consecutive days since January 31, 1995; or During the Gulf War from August 2, 1990 through January 2, 1992; or


In a campaign or expedition for which a campaign medal has been authorized, including El Salvador, Grenada, Haiti, Lebanon, Panama, Somalia, Southwest Asia, and Bosnia.

The campaign in Iraq and the war on terrorism.

9.6 Electrical Outages Policy

In the event of a loss of electrical power, any decision to close a County work site must be made by the department head or designee; but in no event will employees be required to remain at the workplace if to do so would jeopardize individual health or safety

Employees must remain at work if electrical outages are one to two hours in length during the regular work schedule, unless to do so would jeopardize employee health or safety. In buildings without generators, alternate lighting sources such as battery lanterns, light sticks and such will be used. If service to the public cannot be reasonably provided after two hours, the Chief Administrative Officer may make the decision to close a building to the public, deploy the employees to generator-powered buildings, or to send employees home.

In the event that it is no longer possible to perform work duties at the current or another departmental work site, and the department head (or designee), determines it is necessary to close the work site, the following information should be considered and communicated to employees prior to excusing them from work:

1. If the blackout occurs close to the regular meal period for employees working at the affected work site, supervisors and managers are expected to keep the work site open, but are encouraged to allow employees to take a meal break. If a manager chooses to send employees to lunch early due to a blackout, employees should be informed to return to their work site immediately following completion of their meal break. In these situations, meal breaks should be neither shorter nor longer than the employee’s normal assigned meal break.

2. Regular employees who are sent home shall be provided “administrative pay” for the balance of their regular work day; however, such employees shall remain ready and available to be called back to work by their supervisor for the duration of their regular work day should such a circumstance arise. Employees who seek approval to leave work without having been ordered to, shall use appropriate leave time for the time off.

3. Regular employees who are sent home, and who are not called back to work that day will be expected to return to work at their regularly scheduled work time on the next scheduled workday.

4. If the work site closure extends beyond the first work day of closure, employees are expected to remain ready and available for assignment to their original or an other County work site as quickly as possible.

11.4 COMPENSATION PAYMENT SCHEDULE

a) Schedule of Payment. Notwithstanding any provisions of the Personnel Rules to the contrary, adjustments to the biweekly salaries for rates shown in those sections of the salary schedule which outline the salary plans for classified positions represented by the County’s recognized bargaining units, and those sections which outline the salary plans for appointed department heads, elected department heads, and appointed officials shall be rounded to the nearest whole cent. The biweekly rate for classified positions


presented by the County’s recognized bargaining units, shall be calculated by multiplying the hourly rate (which is rounded to the hundredth of a cent) by eighty (80) hours.

11.7 PROMOTION

Regular employees promoted to a position in a classification with a higher salary range shall have compensation set at may be paid either at Step 1 of the new salary range or to the nearest higher step that is within five dollars ($5.00) of a five percent (5%) increase in the biweekly rate. at the nearest higher step that the employee would otherwise be entitled on the date the promotion is effective.

12.1 VACATION LEAVE

An employee who has less than six (6) months of uninterrupted service shall not be entitled to use accrued vacation leave unless specifically approved in writing by the Director of Human Resources for extraordinary reasons. or to vacation pay upon separation from the classified service. Employees separating from County employment shall be entitled to a payout of unused accrued vacation upon separation. Extra-help employees shall not earn vacation.

The maximum vacation accrued on December 31 of any year shall be two (2) times the earning rate.

Upon termination, an employee with more than (6) six months service may be compensated for all unused vacation accrual.

Vacations shall be taken at the discretion of the appointing authority. A departmental vacation schedule shall be arranged with time preference given to employees on the basis of seniority. When an employee is unable to take scheduled vacation during a calendar year due to unusual and extenuating departmental needs which result in the employee’s annual vacation accrual to exceed the maximum limits authorized, the department head shall advise the Auditor that the employee will exceed the annual vacation accrual limits and shall schedule the excess accrual vacation days to be taken off between the period of January 1 and March 31 of the new calendar year. Should the employee voluntarily choose not to take the scheduled vacation during the extension period, the employee shall cease earning vacation accruals until their total vacation accrual falls below two (2) times the earning rate. Should a department head, as a result of emergency needs of the County, be unable to schedule the excess accrual vacation days off during the extension period, the employee shall be paid for the excess accrual of vacation days following the end of the extension period.

12.2.1 FAMILY CARE AND MEDICAL LEAVE POLICY

Return to work from FMLA/CFRAThe use of authorized FMLA/CFRA shall not result in the loss of any benefit accrued prior to the start of the FCML, with the exception of any accrued leave used in conjunction with the approved leave. During approved family care and medical leave, the employee shall retain employee status with the employer, and the leave shall not constitute a break in service for purposes of longevity, seniority under any collective bargaining agreement, or employee benefit plan.


The provisions of Personnel Rules Section 7.2.1 shall apply to this policy with regard to probationary extensions due to unpaid absences. If an employee qualifies for and takes unpaid leave in excess of two full and consecutive pay periods for a qualifying purpose under FCML, the anniversary date and any associated merit increase shall be extended by an amount which is equivalent to the total unpaid leave. The minimum amount of time that a probationary period may be extended under this policy is two full and consecutive pay periods with the understanding that an extension of probation is calculated in biweekly increments. Any increases to pay or change in benefits which are not dependent upon seniority accrual during the leave period will be made effective upon the employee’s return to paid status.

COORDINATION OF PAID FAMILY LEAVE/FMLA/CFRA/PDL

Paid Family Leave. Paid Family Leave is a component of the State Disability Insurance and is administered by the State Employment Development Department’s Disability Insurance Branch. A claim with the State Employment Development Department may be filed for time taken to:

To care for a seriously ill child, spouse, parent, or domestic partner;

To bond with the employee’s new child or the new child for the employee’s domestic partner; or

To bond with a child in connection with the adoption or foster care placement of the child with the employee or the employee’s domestic partner.

Employees entitled to leave under the Family Medical Leave Act and/or the California Family Rights Act must take Paid Family Leave concurrent with the leave taken under those acts. Eligibility requirements for Paid Family Leave shall be as set forth in the Unemployment Insurance Code.

12.3 BEREAVEMENT LEAVE

Whenever a regular employee believes it necessary to be absent from duty because of the death of a member of the employee’s immediate family, the employee may request permission of the appointing authority to be absent for not more than three (3) five (5) working days with pay for each occasion. Any time used in this manner shall not be charged to sick leave or vacation, but shall be documented and recorded as bereavement leave. In the case of the deaths of individuals other than those defined as “immediate family” who were living in the employee’s household as family members, approval for the use of bereavement leave shall be on a case-by-case basis at the sole discretion of the Director – Human Resources.

12.10 COMPREHENSIVE TRAVEL POLICY

BACKGROUND

This policy applies to County officers and employees, as well as members of boards and commissions required to travel in or out of the county for the conduct of County business. This policy also provides for expenses of public employees from other jurisdictions when specifically referenced in policy provisions set forth below.


For ease of reference, the Travel Policy is presented in the following sections:

1. Definitions 2. General Policy 3. Approvals Required 4. Travel Participants and Number 5. Mode of Transportation 6. Reimbursement Rates

a. Maximum Rate Policy b. Private Auto c. Meals d. Lodging e. Other

7. Advance Payments 8. Compliance – Responsibility of Claimant 9. Procedures

1) DEFINITIONS

a) County employee – shall mean any employee of the County of Butte, including appointive and elective officers, heads of County departments, and when appropriate, all non-salaried members of County commissions or similar County advisory bodies or agencies.

b) Department head Authorization – Signature of department head or designee is required on the claim form.

c) Hosting Hotel – shall mean either the hotel where meetings, conferences or training sessions are held or a lodging site recommended and/or reserved by the conference/seminar sponsor.

2) GENERAL POLICY

a) County officers and employees should not suffer any undue loss when required to travel on official County business, nor should said individuals gain any undue benefit from such travel.

b) County officers or employees compelled to travel in the performance of their duties and in the service of the County shall be reimbursed for their actual and necessary expenses for transportation, parking, tolls and other reasonable incidental costs, and shall be reimbursed within maximum rate limits established by the Board of Supervisors for lodging, meals, and private auto use. “Actual and necessary expenses” do not include alcoholic beverages.

c) Travel arrangements should be as economical as practical considering the travel purpose, traveler, and time frame available to accomplish the travel mission, available transportation and facilities and time away from other duties. Individuals who have been authorized to travel under this policy are expected to take advantage of government discounts or travel agency special rates available for car rentals, hotels, and other incidental travel requirements.

d) Employees must obtain prior authorization for travel (i.e., obtain approvals before incurring costs and before commencing travel).

e) Receipts are required for reimbursement of lodging costs, registration fees, public transportation and for other expenses as specified, or as may be required by the Auditor-Controller.

f) Personnel Rule 12.10 is incorporated herein by reference. Department heads are responsible for insuring that County employees adhere to all aspects of Rule 12.10.


g) Department heads will be responsible for approval of travel and transportation expenditures and the Auditor-Controller will be responsible for periodic and unannounced audits of such expenditures. Items that are questionable charges against the County shall be submitted to the Chief Administrative Officer by the department head for consideration and resolution.

h) The Chief Administrative Officer may, at his or her sole discretion, authorize an exception to requirements set forth in this travel policy, based on extenuating circumstances presented by the appropriate, responsible department head. Any exception granted by the Chief Administrative Office is to be applied on a case-by-case basis and does not set precedent for future policy, unless the Board of Supervisors has formally adopted it.

i) Double Claiming – To claim reimbursement for the same costs from more than one source (e.g., submitting claims for reimbursement to a State or Federal agency or other source and to the County) is prohibited by this policy. However, if another source provided only partial reimbursement, the balance up to the limits authorized by this policy, may be claimed. Appropriate documentation must be submitted with the claim (e.g., the State claim form showing the costs that are being paid by the State).

3) APPROVALS REQUIRED

a) It remains the discretion of the Chief Administrative Officer as to whether or not costs of travel not authorized in advance will be reimbursed and whether or not exceptional costs will be reimbursed.

b) Department head approval is required for subordinate staff when travel involves any of the following:

Transportation by common carrier (except BART), e.g., air, train, bus Car rental Out-of-County overnight travel Members of Board or Commissions, or non-County personnel

c) Appointed department heads shall submit requests for their own travel only that will be over night and out of the County, to the Chief Administrative Officer for review and approval.

d) Chief Administrative Officer approval is required for any exceptions to the provisions within this policy, e.g., travel requests not approved prior to travel, requests exceeding expense guidelines or maximums

4) TRAVEL PARTICIPANTS AND NUMBER

a) It is preferable that department heads and assistants not attend the same out-of-county conference. However, where mitigating circumstances exist, the department head should notify the Chief Administrative Office with a justification memorandum.

b) The number of travel participants for each out-of-county event, in most instances, should be limited to one or two staff members, and those individuals should be responsible for sharing information with other interested parties upon return. However, it is the responsibility of the department head to determine how many participants are necessary to travel to each out-of-county event in order to maximize county resources.

c) The following expenses incurred by a member of the Board of Supervisors constitute an allowable County charge:

Actual expenses for meetings and personal travel, necessarily incurred in the conduct of County Business. This includes, but is not limited to mileage incurred while traveling to and from the Board members’ residence and the location of the chambers of the Board of Supervisors while going to or returning from meetings of the Board of Supervisors.

d) Non-County personnel travel expenses are not normally provided for since only costs incurred by and for County officers and employees on County business are reimbursable. However, reimbursement is


allowable for County officers (elected officials and appointed department heads) and employees who have incurred expenses for non-County staff in the following circumstances:

(1) Meals for persons participating on a Human Resources interview panel when deemed appropriate by the Director of Human Resources.

(2) Conferences between County officials and consultants, experts, and public officials other than officers of Butte County, which are for the purpose of discussing important issues related to County business and policies.

(3) Transportation expenses for a group of County officers and employees and their consultants, and experts on a field trip to gain information necessary to the conduct of County business.

(4) Lodging expenses for non-County personnel are NOT reimbursable except when special circumstances are noted and approved in advance by the Chief Administrative Office. Otherwise, such expenses must be part of service contract in order to be paid.

e) Any costs incurred by or related to a spouse or companion are not reimbursable

5) MODE OF TRANSPORT

a) Transportation shall be by the least expensive and/or most reasonable means available.

b) Private auto reimbursement may be authorized by the department head for County business travel within Butte County and out-of-county and shall be governed by Personnel Rule 12.10.

c) Out-of-county travel by County vehicle or private vehicle may be authorized if the final destination of the trip does not exceed a four (4) hour driving distance from the County offices, unless to do so would be more economical than other means of transport. If air travel would be more economical, but the employee prefers to drive even though travel by car would not be in the County’s best interest, the County will reimburse transportation equal to the air travel; as any extra days of lodging and meals, etc., will be considered a personal, not reimbursable cost of the traveler.

d) Common carrier travel must be in “coach” class unless otherwise specifically authorized in advance by the Chief Administrative Officer. Generally, any costs over and above coach class shall be considered a personal, not reimbursable expense of the traveler.

e) Rental cars may be used as part of a trip using public transportation if use of a rental car provides the most economical and practical means of travel. Rental car costs will not be reimbursed without a receipt and department head approval.

6) REIMBURSEMENT RATES

a) Maximum Rate Policy - Maximum allowable rates for reimbursement may not be exceeded unless due to special circumstances documented by the department head and approved by the Chief Administrative Officer. The amount of any reimbursement above the maximum shall be at the sole discretion of the Chief Administrative Officer.

b) Private Auto - Travel by private auto in the performance of “official County business” shall be reimbursed at the Federal rate as determined by the Internal Revenue Service.

Mileage for travel shall be computed from the employees’ designated work place - if travel begins from the employee’s residence, mileage shall be calculated from the residence or work place, whichever is less. (For example, an employee who lives in


Chico and works in Oroville who must drive to a meeting in Sacramento will be compensated for travel from Oroville to Sacramento and back to Oroville.)

The mileage reimbursement rate represents full reimbursement for expenses incurred by a County officer or employee (e.g., fuel, normal wear and tear, insurance, etc.) during the use of a personal vehicle in the course of service to Butte County.

c) Meals - Actual meal expenses, and gratuity not to exceed 15% of the bill, or within maximum allowable rates set forth below, may be reimbursed routinely for Out-of-County travel and for In-County overnight travel. Meals will not be provided for In-County travel or meetings that do not involve overnight lodging, unless special circumstances are involved such as the following:

(1) When meals are approved as part of a program for special training sessions, conferences, and workshops.

(2) When the Director of Human Resources deems it appropriate to provide meals to a Human Resources interview panel.

(3) When senior managers and/or department heads of the County meet with executives of other governmental agencies, community organizations, or private companies in a breakfast, lunch or dinner setting in order to conduct County business. While such meetings are discouraged unless absolutely necessary to the efficient conduct of County business, such expenses for County managers and appointed department heads require approval by the Chief Administrative Officer.

An individual eligible for a full day’s meal per diem may be reimbursed for the actual cost of meals up to a total of $50.00 per day, including gratuities, without regard as to how much is spent on individual meals (e.g., breakfast, lunch, dinner, snacks), and without receipts. If an employee is on travel status for less than a full day, costs may be reimbursed for individual meals within the rates shown below:

Breakfast may be reimbursed only if an employee’s travel commences at least 2 hours in prior to an employee’s regular work schedule.

Dinner may be reimbursed if travel is of at least 2 hours in duration past the end of the employee’s regular work schedule.

Maximum allowable Meal Reimbursement

Breakfast $10.00 Lunch $15.00 Dinner $25.00 Total for full day $50.00/day

d) Lodging - Lodging within County may be authorized by a department head if assigned activities require an employee to spend one or more nights in an area of the County which is distant from their place of residence.

(1) Lodging may be reimbursed up to $150.00 per night plus tax, single occupancy. The Chief Administrative Office may approve extraordinary costs above this limit on a case by case basis when the responsible department head and Chief Administrative Office determine that higher cost is unavoidable, or is in the best interest of the County.


(2) Department head authorization is required for lodging at a hosting hotel when the cost of the lodging exceeds the limits set forth by this policy. To be eligible for a “hosting hotel” classification, the lodging site must be listed on the conference/seminar flyer, brochure or conference letterhead and this documentation must accompany the claim for reimbursement.

(3) Single rates shall prevail except when more than one County employee occupies the room. However, nothing in this policy shall be construed to require employees to share sleeping accommodations while traveling on County business. In all travel, employees are expected to secure overnight accommodations as economically as possible and practical.

(4) Lodging arrangements should be made, whenever possible and practicable, at hotels/motels which offer a government discount, will waive charges to counties for Transient Occupancy Tax, or at which the County has established an account. When staying at such a facility, the name of the employee and the department must appear on the receipt of the hotel/motel bill.

(5) Lodging for the night before, prior to, after, or following a conference, training, or meeting is discouraged unless it is more efficient and practical to do so. The department head shall make this determination based on such factors as distance and weather conditions before approving these expenses.

(6) Personal expenses incurred for lodging (in-room movies, honor bar, snacks, etc) shall not be reimbursable.

(7) Receipts are always required for lodging and must be submitted with the claim for reimbursement.

e) Other - All other reasonable and necessary expenses (i.e., parking, shuttle, taxi, etc.) will be reimbursed at cost if a receipt is submitted with the claim. Receipts are required except for those charges where receipts are not customarily issued, for example, bridge tolls and snow chain installation and removal fees. When specific cost guidelines are not provided by the County, reasonableness of the expense shall be considered by the department head and Chief Administrative Officer before deciding whether to approve.

(1) Any costs incurred for alcoholic beverages or tobacco products are not reimbursable.

(2) Per the Attorney General, the County may not lawfully expend funds to reimburse County employees for their expenses in buying meals for legislators or their aides at meetings to discuss legislation of interest to the County.

(3) Personal services such as cleaning, laundering, barbering or similar items shall be considered personal expenses and are not reimbursable. However, the Chief Administrative Officer may consider unforeseen costs caused by extreme circumstances for reimbursement.

(4) Gratuities, other than those allowed for meals as outlined above, and personal gifts shall be considered personal expenses and are not reimbursable.

7) ADVANCE PAYMENTS

a) The Auditor-Controller may provide advance funds for estimated “out of pocket” expenses up to seventy five percent (75%), but will not provide advances in an amount less than $100.00. The “out of pocket” expenses may include meals, taxi and public transportation, lodging, parking, and pre-registration costs.

b) Travel advances at 100% will be allowed for all personnel who are attending required P.O.S.T or STC training. Documentation to support that it is P.O.S.T. or STC approved training must be submitted with the request for advance.

c) Rental car expenses will not be eligible for an advance unless the car rental is included as part of the flight reservation. Individuals authorized to rent a vehicle must possess a valid California driver’s license.


d) Travel that is canceled or postponed for more than 30 days requires that any advanced funds be returned to the Auditor-Controller’s office within five (5) working days of the scheduled departure date. If the advance is not returned within this time frame, the employee could jeopardize their standing to receive advances in the future.

8) COMPLIANCE – RESPONSIBILITY OF CLAIMANT

a) It is the responsibility of the claimant to understand and follow all policies and procedures herein in order to receive reimbursement for mileage, travel and expense claims. Any form completed improperly or procedure not followed may result in the return of a claim without reimbursement.

b) Documentation required for reimbursement shall substantially conform to IRS requirements to substantiate business expenses by adequate records or sufficient evidence corroborating the amount, time and place, and business purposes. The primary evidence supporting these requirements shall be receipt. Claims submitted without proper documentation and department head authorization will be denied or reduced accordingly.

9) PROCEDURES

a) Authorization to incur expenses must be obtained as set forth in this County policy and as may be directed by the department.

b) To request a travel advance, an employee must submit a Travel Advance Form with department head approval showing the estimated cost of the trip to the Auditor-Controller’s Office no later than 15 working days prior to the date of departure.

c) Forms which require Chief Administrative Office approval should be submitted to the Chief Administrative Office after department head approval at least 7 to 10 days prior to travel to allow time for processing through County Administration and the Auditor-Controller’s Department.

d) Travel reimbursement claims and documentation of expenditures following travel advance are due to the Auditor-Controller within 30 calendar days after completion of travel. The due date may be extended if deemed appropriate by the County Auditor-Controller following written request by the department head outlining the extenuating circumstances that justify such extension. Claims must itemize expenses as indicated on claim forms, and must be processed with receipts attached.

e) The amount of any travel advance provided shall be shown on the claim form and shall be deducted from the total of all expenses listed on the claim form. If the amount advanced exceeds the actual expense, a remittance, in the form of a personal check or money order only, must accompany the claim and be submitted to the Auditor-Controller’s Office. Said claim must be submitted to the Auditor-Controller’s Office within 30 calendar days. It is the responsibility of the department head to ensure that any excess travel advances are returned to the County.

f) The County Auditor-Controller upon receipt of properly completed claim forms will provide reimbursements expeditiously. The Auditor-Controller’s Office shall promptly review claims to determine completeness, and if found incomplete will return the request to the claimant noting the areas of deficiency.

g) Personal Mileage and Expense Claim forms should be completed for each calendar month, one month per claim form. These monthly claims are due to the Auditor-Controller within 45 days following the end of the month; however, the deadline may be extended if deemed appropriate by the County Auditor-Controller. If monthly amounts to be claimed by an individual are too small to warrant processing at the end of the month (i.e., less than $10.00), the claims for an individual may be accumulated and processed in a batch when a reasonable claim amount has accrued. In any event, such claims shall be made and submitted to the County Auditor-Controller for accounting and payment within the same fiscal year as the expense was incurred, with the allowable exception of travel expenses incurred in mid-June.


MEMORANDUM OF UNDERSTANDING - Butte … DSA Gen Final 02-04.doc · Web viewThis Memorandum of Understanding shall become effective when ratified by the Association's membership and

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