MEMORANDUM OF UNDERSTANDING

This agreement shall remain in full force and effect for thirty-six (36) months commencing on July 1, 2021 and ending on June 30, 2024.

The Deputy Sheriff's Association (DSA), its members and representatives, agree that they shall not engage in, authorize, sanction or support any strike, slowdown, stoppage of work, curtailment of production,concerted refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound) or refusal to perform customary duties.

• The parties agree that the provisions of this agreement shall be applied without favor or discrimination based upon a protected class as described in Stanislaus County's Equal Employment Opportunity/Non-Discrimination Statement approved annually by the Board of Supervisors in compliance with Federal and State laws. The parties agreeto recognize, respect, and support the County's commitment to non-discrimination in employment as set forth in the County's Equal Rights Program. The DSA agrees to encourage its members to assist in the implementation of that program.
• The DSA agrees to acknowledge its responsibility to fairly represent all employees in the bargaining unit without favor or discrimination based upon a protected class as described in Stanislaus County's Equal Employment Opportunity/Non-Discrimination Statement approved annually by the Board of Supervisors in compliance with Federal and State laws. The County acknowledges and agrees that it shall not discriminate or take adverse action against employees because they are members of the Union, participate in lawful Union activities or exercise their right to Union representation.

The DSA agrees to support the County's safety and loss control efforts. The parties agree to strive to reduce the number of industrial injuries among employees and maintain a safe place of employment and to encourage employees to perform their work in a safe manner.

Stanislaus County retains the exclusive right, except as expressly stated herein, to operate and direct the affairs of the departments of County government and all of their various aspects, including, but not limited to the right to direct the work force; to plan, direct, and control all of the operations and services of the County; to determine the methods, means, organization, and schedule by which such operations and services are to be conducted; to assign and transfer employees within the various departments; to hire, promote, suspend, demote, discharge, reprimand, and evaluate employees; to relieve employees from duty due to lack of work or other legitimate reasons set forth in the County reduction-in-force policy; to change or eliminate existing methods, equipment, or facilities in order to maintain or increase the efficiency of governmental operations; and to exercise complete control and discretion overits organization and the technology of performing its work. Nothing contained herein shall beconstrued to preclude meeting and conferring between employer and employee regarding the practical consequences that decisions on these matters may have on wages, hours, terms, and conditions of employment.

• Salary
  1. Salary Increase
     ‍
     Effective the beginning of the first full pay period after Association ratification and Board of Supervisors approval on the regular agenda the employees shall receive a salary increase of two percent (2%)
     ‍
     Effective the beginning of the first full pay period following May 1, 2022, the employees shall receive a salary increase of three percent (3.0%).
     
     Effective the beginning of the first full pay period following July 1,2023, the employees shall receive a salary increase of three percent (3.0%).
  2. COVID Recovery One - Time Payment

     In recognition of current full-time County employees only who reported to work either in person or through teleworking during the period of April 1, 2020 through June 30, 2021, and if the employee remains employed with the County at the time of the issuance of the payment; the County will confer a one-time payment to eligible employees no later than the second full pay period following adoption of this agreement by the Board of Supervisors. The following criteria shall be required in determining eligibility and calculating of the one-time payment:

     • Employee must be a full-time employee.

     • Employee's years of full-time service as of June 30, 2021 shall be used to determine years of service.

     • Number of months between April 1, 2020 through June 30, 2021 a full-time employee reported to work either in person or through teleworking.

     • Employees who were on a leave of absence, approved time off, and / or did not report to work during the entire month shall not be eligible to receive payment for that month.

     • Employees who reported to work either in person or through teleworking at least one day in a month shall be eligible for a payment for that month.

     • Employees who have left or leave County service prior to the issuance of the payment shall not be eligible to receive the payment.

     • NumEmployee's payment shall be calculated by Department payroll staff based on information contained in personnel records. Payment calculation will not be subject to the MOU grievance process. However, if an employee believes the payment they received to be incorrectly calculated, the County will review the matter with the employee and labor organization.ber of months between April 1, 2020 through June 30, 2021 a full-time employee reported to work either in person or through teleworking.

     • One-Time Payment is subject to applicable State and Federal tax or other required deductions.

     • One-Time Payment shall not be included as pensionable wages for the purposes of retirement.

       COVID Recovery One-Time Payment
       Years of Service as of June 30,2021	0-4	5-9	10-14	15-19	20+
       Per Month Payment (for the period worked during April 1, 2020 to June 30, 2021)	$50	$75	$100	$125	$150
       Maximum Payment	$750	$1,125	$1,500	$1,875	$2,250

• Salary Administration

  1. The parties agree that the County salary policy applied to an employee dismissed during probationary service from a position from which he or shehad been demoted, promoted or transferred, shall be clarified as follows: Such an employee's salary shall be returned to the same step in the appropriate salary range as had been held prior to the promotion, demotion or transfer. Employee salary review date, if applicable, shall be adjusted by the equivalent number of months during which an employee did not hold the classification to which he or she is returning.

  2. The parties agree to two amendments to County policy concerning salary administration. Former step advancement policy read: "Employees shall be eligible for advancement to the second step of their salary range on their anniversary date after one year of continuous service at the first step. Eligibility for advancement shall be on an annual basis thereafter until the employee reaches the maximum salary step on the appropriate range". The parties agree the second sentence is amended to read as follows: "Eligibility for advancement to subsequent salary steps shall thereafter be based on one year of satisfactory continuous service at the prior step until the employee reaches the maximum step of the appropriate salary range."
     The second change concerns the County's policy of postponing the employee's anniversary date by the number of months during which an employee was granted a leave of absence without pay. The parties agree to a change in this policy so that any leave of absence without pay, or other time off without pay exceeding fifteen (15) calendar days, shall cause the employee's anniversary date to be postponed by the equivalent number of calendar days.

• Salary on Promotion

  The County shall continue to guarantee a five percent (5%) minimum salary increase on promotion in accordance with the existing County Code provisions. Effective July 1, 1991, an exception to this provision shall be made if the step to which the employeeis promoted is six (6) cents or less per hour under the minimum five percent (5%) increase. This provision shall apply when promotions to classifications within the bargaining unit occur or promotion to classifications assigned to bargaining units containing this prov1s1on.

• On-Call Pay

  Any member of this bargaining unit who is required to stay available and accessible in an on-call capacity shall be compensated for this on-call assignment.
  A member is deemed "available and accessible" when:

  1. they can leave their residence within thirty (30) minutes and respond in a reasonable time, and

  2. there is no alcohol impairment

  Members of this bargaining unit shall be compensated two hundred fifty dollars ($250.00) for each seven (7) day period of on-call assignment. If the on-call assignment is for less than a full seven (7) day period, on-call pay shall be paid on a per diem basis.
  
  The on-call assignment must be authorized by the manager of the unit prior to the assignment.

• Overtime

  1. For employees on a 3/12, 4/10, or a 5/2 schedule, overtime is paid at a rate of time and one-half of the employee's regular rate of pay for all time beyond 80 hours in a pay period.
     In calculating overtime eligibility, sick leave time taken shall not be considered as time "worked". All other forms of paid time off in the form of vacation time, compensatory time, bereavement leave, jury duty, holiday pay, military leave, etc. shall be considered time "worked" for the purpose of overtime eligibility.

  2. When an employee exceeds their scheduled work hours, the Department may flex the employee's remaining work schedule in the pay period for up to four (4) hours without mutual agreement of the employee. When an employee has accumulated over four ( 4) hours of additional work in the pay period, or for any additional work performed on a non-scheduled work day, the employer may flex the employee's remaining work schedule in the pay period by mutual agreement.

  3. An employee ordered to work on a regular day off (RDO), a compensatory time off (CTO) day, or approved vacation day, shall be compensated at time and one half for time worked. An employee who volunteers to work on a RDO, CTO or vacation day, shall be paid in accordance with Section 7 (F-1) of the agreement.

• Compensatory Time Off (CTO)

  Overtime worked is accrued at one and one half pay rate. Employees who voluntarily work overtime to replace another employee who uses CTO to take time off shall only be paid overtime for hours worked.

  Compensatory time may be accrued to a maximum of two hundred and forty (240) hours. Accumulation of CTO in excess of the maximum shall be paid. Employees may submit requests at a minimum of eight (8) hours to cash out accumulated compensatory time. The County shall cash out such request in the following pay period in which it is received.

  Employees may be permitted to use CTO within a reasonable period of time of a request as long as the request for time off does not unduly disrupt department operations. The department shall make a good faith effort to approve the request and notify the employee as soon as practical. If vacation relief or other coverage is not available, the request shall be posted and/or made available for voluntary coverage.

  Employees may not demand specific date(s) off using CTO, nor may the department order employees to take time off as CTO.

  All employees who promote shall cash out the total accumulation of compensatory time at the employee's pay rate immediately prior to the promotion.

• Call-back

  The parties agree that the three (3) hour minimum call-back shall apply to members of the bargaining unit in any official call-back situation.

• Court Pay

  Any deputy summoned to court or hearing during his or her off-duty time arising from the course and scope of employment shall be compensated at time and one-half.

  1. Any appearance during an employee's off-duty time during the a.m. hours shall be compensated once with a minimum of four ( 4) hours at time and one half. Any time spent beyond four (4) consecutive a.m. hours shall be compensated at time and one half.

     In addition, any appearance during an employee's off-duty time during the p.m. hours shall be compensated with a minimum of four ( 4) hours at time and one half. Any time spent beyond four (4) consecutive p.m. hours shall be paid at time and one half.

  The minimum as described above shall only be paid for appearances that are one (1) hour or more beyond the beginning or ending of a regularly assigned shift. Appearances that are within one (1) hour of the beginning or ending of a regularly assigned shift are considered continuation of shift and shall be compensated at timeand one half.

  Employees subpoenaed to appear in court shall call in to the Sheriffs Department within twenty-four (24) hours prior to the day of the required court appearance in order to determine whether the subpoena has been canceled. Should the employee fail to call the Sheriffs Department within the twenty-four (24) hour period and appear at court for a case which has been canceled, court pay shall not be paid to the employee.

  The twenty-four (24) hour time frame for call-in to the Sheriffs Department shall be a window period of 5:00 p.m. to 12:00 a.m. (midnight) of the day preceding the required court appearance. The employee shall be paid court pay if he or she calls within the required time period, is told to appear, and then the case is canceled.

• Custodial Level I/II Certificate Pay

  Effective at the beginning of the first full pay period after Association ratification and approval by the Board of Supervisors in open session.

  1. Employees who possess a Custodial Level I Certificate shall receive six and one half percent (6.5%) of base salary.
     ‍

     Employees who possess a Custodial Level II Certificate shall ten percent (10%) of base salary.

• Acting Sergeant Compensation

  The parties agree that the Sheriff may designate Deputy Sheriffs-Custodial to perform the duties of acting Sergeant-Custodial. Upon such designation the employee shall receive, in addition to base pay an assignment pay equal to seven and one-half percent (7.5%) for each full hour of service in such assignments, provided that no claim for this additional compensation shall be made by the employee for work performed of less than two hours per occurrence.

• Retirement

  Safety Employees Tier 5 Retirement Plan. Members of the bargaining unit employed prior to January 1, 2011 and with service retirement credit greater than zero shall receive upon retirement three percent (3%) of base salary at age fifty (50) calculated on the single highest twelve (12) consecutive months.

  Safety Employees Tier 2 Retirement Plan. The Tier 2 retirement plan for all newly hired members of the bargaining unit is reinstated effective between January 1, 2011 and December 31, 2012. Safety Tier 2 benefits include the two percent (2%) at age fifty (50) retirement benefit per Government Code Section 31664 and final average compensation calculated on the highest thirty-six (36) consecutive months.

  Safety Employees PEPRA Tier 6 Retirement Plan. Pursuant to California Public Employees' Pension Reform Act of 2013 (PEPRA), the County shall provide the StanCERA Tier 6 retirement plan (2.7% at 57) for Safety employees hired on or after January 1, 2013. Final compensation will be based on the average of the highest wages earned in any thirty-six (36) consecutive months.

  Employees who are rehired/reinstated with the County after the implementation of Tier 2 on January 1, 2011 or Tier 6 on January 1, 2013 and have met the necessary membership criteria to be placed in their former retirement tier shall be eligible for placement in that former tier. In general, current legal standards allow rehired employees the opportunity to reinstate into their former retirement tier as long as the individual member either has left his retirement contributions on deposit since hisprior period of County service or elects the redeposit of withdrawn retirement contributions plus applicable interest. The membership tier will depend on the employee's/member's individual circumstances and prior retirement selections. Employees who are rehired/reinstated with the County after January 1, 2011 are encouraged to confirm their membership status and retirement tier reinstatement options with StanCERA.

  Public Employees' Pension Reform Act (PEPRA). On January 1, 2013 the Public Employees' Pension Reform Act (PEPRA) went into effect. Included in this act is a provision that requires New Members to pay at least 50% of normal cost and prohibits employers from paying this contribution on the employee's behalf [Govt. Code Sect. 7522.30(c)]. This measure defines a new member as: an individual who has never been a member of any public retirement system prior to January 1, 2013; an individual who moved between retirement systems with more than a 6-month break in service; and, an individual who moved between public employers within a retirement system after more than a 6-month break in service.

  Employee retirement contribution rates are established by the Stanislaus County Employee Retirement Association (StanCERA)

  In order to become compliant with PEPRA, all members of the bargaining unit will pay the full employee retirement contribution rate and the County will no longer pay the Employer Paid Member Contribution (EPMC). The specific employee retirement contribution will vary for each employee based on their individual retirement tier and age of entry into the retirement system. The current average member contribution for all Safety employees is 13 .3 7% of retirement contributable income. In exchange for the County eliminating the current EPMC, the County will increase base compensation by 1 % (one percent) for each 1 % (one percent) of the overall average employee retirement contribution that will now be paid by each employee in the bargaining unit. For those safety units where the County currently pays 100% of the employee's retirement contribution, the County will use the overall average 13.37% safety employee contribution rate to calculate the wage increase, for a total base wage adjustment of 13.37% (13.37% X 1 %). The parties recognize this wage adjustment and the elimination of the EPMC will have varying impacts on bargaining unit members as some members will have individual retirement contribution rates below orabove the average for all safety members

  Employees in retirement Tier 4 (formerly Tier 1), shall maintain the retirement benefit known as "30-year pay." Tier 4 employees are eligible for this benefit as determined by Stan CERA when an employee has reached thirty (30) years of service and is no longer required to make contributions to the retirement system. The County will use three and three quarters percent (3.75%) as the retirement pick-up amount utilized in the "30-year pay" calculation to determine the level of compensation the employeewill receive.

• Special/ Collateral Assignment Process

  Other than provided in this MOU, the number of Special or Collateral assignments receiving special pay and those which shall be renewed are at the sole discretion of the Sheriff and such decisions shall not be subject to the grievance procedure. Assignments shall be for a specific term as set below. Assignments may not be renewed, and deputies may be removed from a special assignment at the sole discretionofthe Sheriff without appeal except as expressly provided herein.

  1. A Special Assignment is defined as an assignment in which an employee is removed from routine line staff duties and accepts responsibility of an assignment on a regular fulltime basis that is unrelated to routine line staff duties. A Collateral Assignment is defined as an assignment in which anemployee performs regular fulltime duties as assigned and in addition, accepts responsibility of an assignment on a part-time basis.

     The Department shall announce openings in any paid or un-paid Special Assignment or Collateral Assignment prior to appointment. The announcement shall contain the minimum requirements for eligibility, management preferences, selections process (e.g., testing and interviews), relevant dates and specific term (i.e., number of months) of the assignment.

     Employees must submit a memorandum of interest in order to be considered for the position. The Department shall only consider candidates who submitted memorandums of interest in a timely manner for the position. The Department shall determine which candidates are eligible for the position and maintain sole discretion in its selection of eligible candidates for the position. However, if the Department does not receive any memoranda of interest from any eligible candidate for an opening, it may assign an employee at its sole discretion.

     Special Assignments shall commence/conclude at shift change, except in case of emergency or operational requirements of the Department (i.e. promotion, termination).

     Deputies assigned to a Special Assignment will not be eligible for the Collateral Assignment of Facility Training Officer. Sergeants assigned to a Specialty Assignment will be eligible for the Collateral Assignment of Facility Training Officer. Employees assigned to a Special Assignment will be eligiblefor the collateral assignment of Vacation Relief Classification Deputy, but will only be eligible for VR classification pay while working a classification assignment.

  2. Terms

     Terms - Deputy Sheriff Custodial

     Collateral Assignments
     Assignment	Duration	Specialty Pay
     C.E.R.T.	Indefinite	N/A
     Defensive Tactics	Indefinite	N/A
     Dive Team	Indefinite	2.5%
     Facility Training Officer	Indefinite	2.5%
     Firearms Instructor	Indefinite	N/A
     Honor Guard	Indefinite	N/A
     Hostage Negotiator	Indefinite	2.5%
     Vacation Relief Classification	Indefinite	2.5%**

     **When assigned to specialty assignment; only receive 2.5% when working classification.

     Specialty Assignments
     Assignment	Duration	Specialty Pay
     Canine Unit	Indefinite	2.5%
     Classification**	2-7 years	2.5%
     Court Bailiff	3 - 5 years	N/A
     Court Holding	2-3 years	N/A
     Designated Range Master	Indefinite	2.5%
     Facility Operations	2-3 years	2.5%
     Corrections Investigation	2-5 years	2.5%
     Internal Affairs	2-5 years	2.5%
     Jail Alternatives	2-3 years	N/A
     Jail Based Competency Treatment	2-3 years	N/A
     Landscape	2-3 years	N/A
     Medical/Clinic	2-3 years	N/A
     Mental Health	2-3 years	N/A
     Police Activities League Appointment by the Sheriff. Open to all Department employees	Indefinite	N/A
     P.R.E.A.**	2-5 years	2.5%**
     Programs	2-3 years	N/A
     Roadside	2-3 years	N/A
     Scheduling	2-3 years	2.5%**
     Statewide Transportation	3-5 years	2.5%*
     Supply	2-3 years	N/A
     Title 15 Compliance	2-3 years	2.5%**
     Transportation	2-3 years	2.5%*

     * With Class B License
     ** Classification Unit Assignment

     Collateral Assignments
     Assignment	Duration	Specialty Pay
     C.E.R.T.	Indefinite	N/A
     Defensive Tactics	Indefinite	N/A
     Dive Team	Indefinite	2.5%
     Facility Training Officer	Indefinite	2.5%
     Honor Guard	Indefinite	N/A
     Hostage Negotiator	Indefinite	2.5%

     Specialty Assignment
     Assignment	Duration	Specialty Pay
     Administration	2-3 years	2.5%
     Background Investigator	2-5 years	2.5%
     Classification	2-3 years	2.5%
     Court Holding	2-3 years	2.5%
     Facilities Operations	2-3 years	2.5%
     Internal Affairs	2-5 years	2.5%
     Jail Alternatives	2-3 years	2.5%
     Program	2-3 years	2.5%
     STC Training Coordinator	2-3 years	2.5%
     Transportation	2-3 years	2.5%

     Once an employee has been appointed to a Special Assignment which he or she requested, the employee commits to serving the term of the Special Assignment identified in the Department's notice. Special assignments may beextended for an additional two (2) years beyond the identified term based uponDepartment need and discretion.

     The date in which an employee starts the special assignment is known as the anniversary date. Excluding removal for cause, additional compensation shall start on the anniversary date and continue on an annual basis up to each anniversary date. Annual reappointments to continue a special assignment must be approved by the Sheriff. Failure to approve reappointment to continue a special assignment is not subject to the grievance procedure.

     The Department maintains the right to reassign personnel based on the Sheriffs discretion. Employees shall not involuntarily have a Special Assignment changed without fourteen (14) days prior notice except in the case of unforeseen circumstances. Reassignment of employees that resign or are removed mid shift change will be assigned based on operational needs of the department.

     The Department shall announce selected candidates for Special Assignments one (1) month prior to the commencement of shift bidding unless the incumbent employee is retained in the position in accordance with the MOU.

     Promotion, voluntary removal, removal upon an annual anniversary or a standard transfer at the conclusion of a term is not subject to appeal.

     An employee may request to be removed from a Special Assignment.

     Removal from a special assignment resulting in a loss of additional compensation prior to an annual anniversary, during a term of assignment or removal for disciplinary reasons is subject to appeal and may be appealed under the applicable procedures set forth in the Memorandum of Understanding or under the procedures in the Public Safety Officers Procedural Bill of Rights Act (POBR). In all cases, upon the request of the employee, a meeting shall be scheduled with the Sheriff or his designee to review the facts regarding nonrenewal or removal of appointments.

     Temporary training assignments for less than ninety (90) days are not subject to special pay. However, temporary assignments (other than for training purposes) for less than standard assignment periods are permitted and shall be subject to special pay. If an employee is assigned as acting Facility Training Officer (including in-service training instructor) or Classification Deputy for four (4) hours or more of a shift, specialty assignment pay shall be paid for the entire shift.

     1. The parties agree that there is no compensable off-duty work being regularly performed in connection with at least the following assignments which receive a special pay premium: Dive squad, Internal Affairs Unit, Background Investigator, Hostage Negotiator, Facility Training Officer, Classification Deputy, and Transportation Deputy. In the event it is finally determined by a Court that, contrary to the County's understanding, some compensable work was being performed, all such work will be compensated at minimum wage. Further, DSA agrees that the special pay premium will be applied, to the fullest extent allowed under the law, as compensation in full satisfaction of any such claim that is determined valid by a court of competent jurisdiction. This section shall not diminish any employee's right to compensation for work specifically assigned to be performed outside of the employee's regularly scheduled duty hours.

     2. The parties agree that pursuant to the terms and conditions set forth in the Settlement Agreement and Release of All Claims Relating to the Canine Handlers ("Canine Agreement"), effective January 13, 1997, each represented employee who is assigned as a canine handler and has a dog assigned to his or her care, training, and upkeep, shall be paid eighteen (18) minutes per day at the regular rate of pay for care, grooming and transportation. This work, when performed over and above the designated work period, shall be compensated at time and one half of the canine handler's regular rate of pay. All other terms and conditions set forth in the Canine Agreement remain in full force and effect.

     3. The additional compensation as described herein shall be earned by one incumbent for as many special assignments the Sheriff assigns and approves.

     4. Such assignment pay shall not be paid: (a) during periods of absences for disability leaves (including, without limitation, 4850 leave): (b) unpaid leaves of absences: or (c) any time during which the employee is unable toperform the assignment for a full pay period.

• Bilingual Certification Pay

  1. The County will designate certain languages as eligible for bilingual certification. The County currently recognizes the following languages: Spanish, Cambodian, Laotian, Hmong, Greek, Assyrian, Farsi, Russian, Vietnamese, Portuguese, and Sign Language. The County's Chief Executive Office may designate other languages as needed. Employees asserting their competence in any County designated bilingual language shall be given the opportunity to test for bilingual certification. The County Chief Executive Officer (CEO) or designee is responsible for conducting bilingual certification testing within a reasonable amount of time. Employees will be tested for verbal and/or written bilingual proficiency as determined by the County CEO and Sheriff. Employees who pass the test will be certified as bilingual.

  2. Employees certified as bilingual will receive additional compensation of two and one-half percent (2.5%) of base pay for bilingual certification pay, effective the first full pay period following the certification date. Only those employees certified bilingual will be granted bilingual certification pay.

  3. Employees receiving bilingual certification pay shall use their bilingual skills within the course of employment to maintain the certification pay. Bilingual employees who are not certified as bilingual will not be subject to discipline for declining to use bilingual skills in the course of employment.

  4. Bilingual pay shall not be paid during periods of absences for disability leaves (including, without limitation, 4850 leave) or unpaid leaves of absence during which the employee is unable to perform the assignment for a full pay period.

• Fitness Incentive

  The Parties agree to pursue implementation of a physical fitness program and agree to meet and discuss implementation of that program consistent with the terms set forth below no later than December 31, 2021.

  1. Category 1 (POST Standards): A fitness incentive of five hundred ($500.00) once annually will be provided to bargaining unit members who complete the then-current POST developed Work Sample Test Battery (WSTB). The WSTB contains a valid sample of physically demanding work tasks performed by California patrol officers. The tasks currently required to be performed are as follows:

     1. Run a 99-yard obstacle course consisting of several sharp turns, several curb height obstacles, and a 34 - inch high obstacle that must be vaulted; and

     2. Lift or drag 165 - pound life like dummy 32 feet; and

     3. Run 5 yards to a 6 - foot solid fence, climb over, continue running another 25 yards; and

     4. Run 500 yards.

     At the time of the testing and completion of the required tasks a minimum score of 384 must be obtained to demonstrate sufficient physical ability to be eligible for the Category 1 fitness incentive. The standards of scoring are set by POST. The score for each member can be determined in one of two ways:

     1. By manually converting times to points, using conversion tables on pages 15-19 of the Work Sample Test Battery Proctor Manual, then summing up points for all five events to determine the student's total score; or,

     2. By inputting the times into a POST - provided Excel spreadsheet. The Excel spreadsheet will automatically calculate each student's score.

  2. Category 2 (CERT Standards): An additional fitness incentive of one thousand ($1,000) once annually will be given to bargaining unit members who complete the then- current Sheriff's Office CERT Team testing qualifications. This test currently requires performance of all of the following:

     1. Repetition Maximum Deadlift (MDL) (minimum of200 pounds) with the same weight (3 continuous repetitions of 200 pounds minimum). The heaviest weight successfully lifted three times is the raw score recorded; and

     2. Standing Power Throw (SPT) (minimum of 26 feet) Face away from the start line, grasp the 1016 medicine ball with both hands at hip level and stand with both heels at the start line. Grasp the ball firmly and as far around the sides of the ball as possible. Towels or rags will be provided to remove excess moisture/debris from the medicine ball;and

     3. Hand-release push-up (HRP) (minimum of 30 within 2 minutes) The employee will assume the prone position facing the start line with hands flat on the ground and index fingers inside the outer edges of the shoulders. The chest and front of the hips and thighs will be on the ground. Toes will touch the ground with feet together or up to a boot's width apart. The ankles will be flexed. The head does not have to be on the ground. Hands will be placed flat on the ground with the index fingers inside the outer edges of the shoulders. Feet will remain generally together, no more than a boot's width apart, throughout the HRP; and

     4. Sprint-Drag-Carry (SDC) (2:10 or less) Sprint 25m; touch the 25m line with foot and hand; turn and sprint back to the start line. Drag: Will be positioned and resting on the 901 b sled behind the start line; pull the sled backwards until the entire sled crosses the 25m line; tum the sled around and pull back until the entire sled crosses the start line. Lateral: The employee will perform a lateral for 25m, touch the 25m tum line with foot and hand, and perform the lateral back to the start line. Employee will grasp the handles of the two 401 b kettle bells and run to the 25m tum line; step on or over the 25m tum line with one foot; tum and run back to the start line. Sprint 25m; touch the 25m line with foot and hand; tum and sprint back to the start line; and

     5. Leg Tuck (L TK) (5 or more) The employee will flex at the elbows, knees, hips, and waist to lift the knees. Flexing the elbows assists with this movement. The right and left knees or thighs must touch the right and left elbows, respectively; and

     6. 2 Mile Run (2MR) (18 minutes or less)

     All categories of the CERT test must be successfully completed in order to receive the incentive pay. The scoring standards are set by the Sheriffs Office.

     Modifications to Category 1 and Category 2 testing standards is at the Department's discretion.

     No employee shall receive more than one fitness incentive per category (for a total of $1,000) under this fitness incentive program in a single calendar year. For example, if an employee passes the Category 2 test, they will receive a $1,000 fitness incentive. If an employee first passed the Category 1 test, they will receive $500. If they pass the Category 2 test in the same year, they will receive another $500, for a total of $1,000 in the calendar year.

     Testing standards for Category 1 will follow POST WSTB standards as those standards are modified. Testing standards for Category 2 will follow the Sheriffs Office CERT team testing standards as those standards are modified at the discretion of the Department. The Parties acknowledge that training for the physical fitness incentive should be completed on off-duty time.

The parties agree upon daylight savings time change, employees who are at work during the hour that the time change occurs shall be compensated for the time actually worked.

• The parties agree to implement a 12-hour work shift in all custodial facilities. The new schedule will apply to positions as identified by the department and will include seven 12- hour work shifts in each two-week pay period to be paid as straight time. Overtime is paid
  at rate of time-and-one-half of the employee's regular rate of pay for all time worked perMOU definition in Section 7-F-1 beyond 84 hours in a pay period in compliance with section 207(k) of the Fair Labor Standards Act.

  Upon implementation of the new shift schedule, the County agrees to pay double-time for any employee who is working a 12-hour shift pattern in the following circumstances:

  1. Any mandated work beyond 16 hours during a single shift.

  2. Any mandated work that occurs during the middle day(s) on any three or four day off rotation.

  The Department will endeavor to not schedule training days during weeks of major holidays and peak vacation periods, and training days will not be scheduled during the academic spring break (the week before and after Easter) excluding training that is legally mandated by changes in law or regulation that requires an immediate deadline. In-service training scheduled on an employee's regular day off will be a minimum of eight (8) hours. If an employee fails to attend an assigned class, a make-up training day may be less than eight (8) hours. Overtime on training days will be based on time worked per MOU definition in Section 7-F-1 as noted above.

  If an employee is ordered in on a regular day off and is unable to report for duty due to personal or family illness, the employee will have sick leave reduced from their sick leave accruals without additional compensation on an hour-for-hour basis or the number of hours ofthe ordered shift to be covered. If a doctor's note for the day of the illness is submitted with the timecard, the time off will be without pay, however, the sick leave accrual balance will notbe reduced.

  Specific shift bidding and call list procedures are attached to this MOU as Attachment E and may be modified during the term of this agreement upon mutual agreement of the parties.

  The parties agree to meet and confer upon the request of either party during the term of this agreement to address any issues associated with the implementation of 12-hour shifts.

1. The Department will establish a division wide Call in List to fill required posted positions and / or minimum staffing level vacancies resulting from unforeseen circumstances and emergency situations. The Call in List will be in addition to each facility extension of shift overtime list (Bubble list). The Call in List shall not be used to cover Vacation or Comp time.

2. Employees will receive a minimum of 72-hour notice when scheduled to perform work on a regular day off (RDO).

3. Employees working a 12-hour shift pattern that are called in on their RDO will beassigned to shifts within their normal work hours.

4. Employees assigned to an 8 or 10-hour shift pattern that are called in on their time off shall be assigned to shifts within their normal shift hours up to two hours before and after their normal shift times.

5. Employees will be assigned based on current facility and training clearance.

6. Employees shall only be required to work a maximum 6 hours of called in time on a Regular Day Off (RDO) but may volunteer for additional work hours.

7. The Call in List will be established in reverse seniority with those with the least amount seniority at the top of the list. For every increment of 4 hours of any overtime activity excluding overtime related to In-Service Training will allow an employee to move to the bottom of the Call in List.

   1. Any overtime work of four hours or more ( other than In-Service Training), whether voluntary or ordered, will be entered into the Overtime List and move an employee to the bottom of the Overtime List.
   2. An Employee who is ordered to work on a regular day off will have the box marked as having been ordered, whether the employee works the time or exchanges "in lieu" accruals described in paragraphs 3-5 below.
   3. An employee may elect to exchange Sick Time, Compensatory Time Off, or Vacation accruals in lieu of performing an assigned overtime shift on regular days off, the "exchange" on an hour-for-hour basis for the number of hours of the shift to be covered. Whether exchanging Sick Time, Compensatory Time Off or Vacation, employees must have the appropriate accruals in their leave banks.
   4. The exchange of accrued Sick Time, and now the exchange of accrued Compensatory Time Off or accrued Vacation, in lieu of performing an RDO shift, will move an employee to the bottom of the Overtime List.
   5. The Overtime List in ICJIS is used to determine all ordered overtime, with the following exception related to shift extensions:
      1. Overtime to come in early or stay over (shift extension) is still facility specific and does not allow for the in-lieu exchange of accrued Sick Time, Compensatory Time Off or Vacation.
      2. Overtime on a regular day off is still Division wide and does allow for the in-lieu exchange of accrued Sick Time, Compensatory Time Off, or Vacation.
   6. The number of ordered overtime RDO's will no longer be a consideration when determining who is to be ordered next on the Overtime List. The employee closest to the top of the list who meets the requirements of the overtime assignment of a position enabling someone else on duty to sill the overtime assignment (i.e., cleared at facility, present for shift extension, etc.) will be ordered to perform overtime.
   7. All employees shall be subject to mandatory call-ins on paid holidays to meet the needs of the department. Employees who work a 5/2 schedule and are not required to work but are ordered in on an observed County holiday will be paid up to the maximum value of the holiday plus time-and-one-half for each hour worked.

8. The list of available overtime shall be posted 14 days prior to the start of the pay period.

1. Employees shall be eligible to participate in seniority shift bidding that includes facility transfer options. During the shift bidding process employees will bid by seniority for shifts (12 hour) at their current facility. Each employee will also select their preference to Option #1 and Option #2 transfer options. A third box will be provided on the shift bidding roster for employees to choose a preferred facility to be transferred to. The employee must be trained and cleared to work at the facility they are requesting transfer to.

   Option #1

   • "YES" If first choice not available at current facility, request transfer to another facility to obtain first choice if available by seniority.

   • "NO" If first choice not available at current facility, request second choice at current facility.

   Option #2

   • "YES" If second choice not available at current facility, request transfer to another facility to obtain second choice if available by seniority.

   • "NO" If second choice not available at current facility, continue with next choice(s) at current facility.

2. Employees electing the facility transfers options #1 or #2 will have the ability to choose which facility they would prefer to be moved to provided there are positions available there based on seniority. The employee must be trained and cleared to work at the facility they are requesting transfer to.

3. Employees who cannot obtain shift bidding preference at their current facility due to seniority ranking may be transferred to another facility based on department needs and staffing requirements.

4. Employees assigned to the Vacation Relief Deputy assignment shall be eligible to bid by seniority for days worked/ off shift pattern only.

5. All employees will be assigned to a facility based on the departments needs and for training purposes. These employees will be eligible to participate in seniority shift biddingfor shift pattern and shift schedule at their assigned facilities.

6. Shift Patterns and Start Times:

   • A 4-on, 4-off, 3-on, 3-off shift pattern will be utilized for those employees working a 12-hour shift schedule.

   • "A" Days / Grave will be scheduled off Thursday, Friday, Saturday and every other Sunday.

   • "B" Days/ Graves will be scheduled off Monday, Tuesday, Wednesday and every other Sunday.

   • Dayshift (Shift #1) will start at 6:00 a.m., Graveyard (Shift #2) will start at 6:00 p.m.

1. County Holiday Policy

   1. The County recognizes the following holidays, which are valued at eight (8) hours each (for a total of 88 hours). Holiday time taken off is on an hour-forhour basis.

      January 1, New Year's Day
      Third Monday in January, Dr. Martin Luther King Jr. Day
      Third Monday in February, Presidents' Day
      Last Monday in May, Memorial Day
      July 4, Independence Day
      First Monday in September, Labor Day
      November 11, Veterans' Day
      Thursday in November designated as Thanksgiving Day
      Day after Thanksgiving Day
      December 24, Christmas Eve (8 hours as described below)
      December 25, Christmas Day

      Christmas Eve:

      • Christmas Eve:Christmas Eve is only considered a holiday of eight (8) hours when Christmas Eve falls during an employee's regular work schedule. Employees who work Monday through Friday, will be provided eight (8) hours of holiday time when Christmas Eve falls on a Monday through Friday. Employees who regularly work on a Saturday or a Sunday will be provided eight (8) hours of holiday time when Christmas Eve falls on their regularly scheduled workday (example: Tuesday through Saturday schedule and Christmas Eve falls on a Saturday).

   2. The parties recognize that only the immediate days of mourning or holiday declared by the President and Governor shall be County holidays in addition to the specific list of holidays above. The County may add holidays or additional hours beyond the minimums set forth in this agreement.

   3. Employees must be in a paid employment status on the day before and the day after a holiday in order to receive holiday pay or holiday credit.

   4. If January 1st , July 4th , November 11 th , or December 25th occurs on a Sunday, the following Monday shall be observed as the holiday for employees assigned to a 5-2 (Saturday & Sunday off) work schedule.

   5. If January 1st , July 4th , or November 11th occurs on a Saturday, the preceding Friday shall be observed as the holiday for employees assigned to a 5-2 (Saturday & Sunday off) work schedule.

   6. Employees who are required to work on a recognized holiday, as determined by their work schedule, shall be entitled to equivalent vacation time off up to the maximum value of the individual holiday. For purposes of determining holiday credit, employees on a traditional 5-2 schedule (Saturday and Sunday off) will use the observed holiday while employees on shift schedules (alternate 5-2 shifts) will use the actual holiday.

   7. Employees working 12-hour shifts (to be implemented in February 2015) will not be provided any paid holidays, holiday credit or half-time holiday pay for working on any County holiday. In lieu of receiving any time off or half-time pay, the County agrees to pay each employee on a 12-hour work shift the equivalent of 104 hours of annual holiday pay ( combination of 88 recognized holiday hours and 16 floating holiday hours) to be paid over 26 equal payments per year with each pay period and based on the employee's regular hourly rate. Holiday in-lieu pay will not be paid for any pay period in which the employee is on unpaid leave for a full pay period.

2. Combining Optional Holiday Time with Vacation

   The parties recognize that on December 31, 1983, any optional holiday time was combined with vacation benefits. The rate of accrual of vacation hours was increased on January 1, 1984 by 16 hours of"special" vacation time each calendar year in lieu of optional holiday time. See sub-division E of this section for vacation accrual rates.

   Optional holiday time on the books as of December 31, 1983 for an employee, was "frozen" on the books and may be:

   1. Taken as time off,

   2. Cashed out with the approval of the employee, the department head and theCounty Auditor-Controller, or

   3. Shall be cashed out upon the employee's termination.

3. Vacation Accumulation Maximum

   Vacation time in the amount not to exceed four hundred fifty (450) hours shall be carried over on employee accrual balances from year to year.

   The parties agree that employees who have reached the four hundred fifty ( 450) hour vacation accumulation maximum shall not accrue any additional vacation time. Accrual of vacation time shall again commence in the pay period that the employee's vacation time has fallen below the 450 hour maximum. It is the policy of the County that the employees take at least their normal vacation each year; provided, however, that for reasons deemed sufficient by their department head, an employee may, with the consent of the department head, take less than the normal vacation time with a correspondingly longer vacation the following year.

   Employees shall receive notification of vacation accrual balances bi-weekly through the employee's paycheck advice notice. Employees are encouraged to request vacation upon nearing the vacation accumulation maximum of four hundred fifty ( 450) hours pursuant to department procedures.

   Failure by the employee to make a good faith effort to request vacation, in accordance with departmental procedures, will result in vacation accrual stoppage at four hundred fifty ( 450) hours.

   If the employee does make a good faith effort to request vacation time and the request is denied by the department, or the approved vacation is canceled, or cannot beutilized by reason of subpoena or other required duties of the department, the employee shall receive up to eighty (80) hours of vacation cash-out. It is understood employees may have to request vacation time outside of high use times, i.e. holiday seasons and summer months.

4. Limited Cash Conversion

   The parties agree that employees with one hundred (100) or more hours of accrued vacation on the records may request conversion into cash payments of up to forty ( 40) hours of accrued vacation not more than once in a fiscal year. Employees with two hundred (200) or more hours of accrued vacation on the records may request conversion into cash payments of up to sixty (60) hours of accrued vacation not more that once in a fiscal year.

   Such conversions may be granted upon approval of the Department Head. Consideration will be given for circumstances of the employee's request (i.e. emergency, last year of service, etc.) and department's budget constraints.

5. Vacation Accumulation Rate

   The parties agree that consistent with the County Code the following vacation accumulation rates shall be in effect during the term of the agreement:

   3.08 hours per pay period (ten (10) days a year) for the first through completion of the second year of continuous services.

   4.62 hours per pay period (fifteen (15) days a year) for the third year through and including the tenth year of continuous service.

   6.16 hours per pay period (twenty (20) days a year) for the start of the eleventh year through and including the twentieth year of continuous service.

   7.70 hours per pay period (twenty-five (25) days a year) for the twenty-first (21 st ) year of continuous service and thereafter until separation from County service.

   In addition, employees shall earn sixteen ( 16) hours of "special" vacation time each calendar year in lieu of optional holiday time. "Special" vacation shall be earned in addition to the regular vacation and shall be earned by prorating said amount over twenty-six (26) pay periods.

6. DSA Time Bank

   The parties agree that a DSA time bank has been established for the purpose of authorizing DSA members to request use of this time for DSA business as determined by the DSA President. Any use of DSA time bank shall be approved by the DSA President prior to submission of the request. Time bank does not include time used by the DSA for meet and confer with the Sheriff or the County.

   Time bank requests shall be submitted and approved consistent with the Sheriffs existing policy for approval of vacation time. The DSA time bank request shall be approved unless staffing is required on an overtime basis in order for the request to be approved. The Sheriff reserves the right to approve time bank requests which incur overtime costs. DSA time bank shall not supersede previously approved vacation requests of other Sheriffs personnel.

   During the first full pay period that begins in January of each year, each employee covered by this MOU shall contribute an equal amount of hours, or a portion thereof as determined by the DSA President, up to three (3) hours of vacation leave to the DSA time bank. This time, if not utilized by the DSA within the year it is contributed, shall not be returned to the contributing members, nor shall this time be subject to cashout, but rolled over to the next year's DSA time bank.

   The Sheriff shall allow eighty (80) hours of release time on an annual basis for mutual business that benefits both the County and the DSA. This release time is in addition to the DSA time bank. The use of the County-contributed hours must meet existing County rules and shall be used by the designated eligible DSA officers for the benefit of the Deputy Sheriffs Association and the County.

   The DSA shall hold the County and its officers and employees harmless for transferring the vacation time from employees covered by this MOU as provided for inthis Section.

• For the purpose of shift bidding and vacation bidding, seniority order is determined as follows:

  1. Date sworn in ( oath of office), even if this date is different from hire or start date.

  2. If multiple individuals are sworn in on the same day, the following order shall apply:

     1. Individuals with prior full-time County service in the classification of Deputy Sheriff-Custodial are placed in order based on length of service. In the event of a tie, the individuals will draw random numbers and be placed in order based on the drawing.

     2. Lateral hires with prior full-time service are placed in order based on years of service with another Agency as a sworn peace officer. In the event of a tie, the individuals will draw random numbers and be placed in order based on the drawing.

     3. All others will draw random numbers and be placed in order based on the drawing.

• For the purpose of shift bidding and vacation bidding, seniority is defined as time in current classification and higher classification series (Deputy Sheriff Custodial, Custodial Sergeant, and Custodial Lieutenant). When a member is promoted, that member shall start a new date of seniority in that classification. However, when a member is voluntarily or involuntarily demoted in this classification series, that member shall retain the time in service from the higher classification. Where two or more employees have equal seniority, then total County seniority shall determine the order of seniority. An agreed upon lottery system will be used to determine seniorityin case of a tie.
• Any break in full-time employment (excluding paid/unpaid leave of absences) from this classification series shall be considered a break in service for purposes of calculating seniority. Employees returning to the bargaining unit after a break in service will start with no time in service for the purpose of calculating seniority. In the event an employee is transferred or promoted to another classification series and voluntarily or involuntarily returned to this bargaining unit, previous time in the Custodial classification series is retained for calculating seniority while time worked outside the Custodial classification series is not calculated.
• Employees who are reinstated from a disability retirement will be reinstated back to their total seniority accumulated prior to retirement. Employees reinstated from a. disability retirement will not be granted any seniority time for their time 'spent as a retiree.
• Seniority provisions for Reduction-in-Force (RIP) are contained in the Reduction-inForce Policy located in Attachment A of this MOU.

• SENIORITY SHIFT PREFERENCE

  Shift Bidding

  The shifts shall be approximately six (6) months in duration with shift rotations to occur in April and October of each calendar year.

  Each shift shall be bid/requested bi-annually on the basis of seniority starting during the months of January and July each year. The shift request roster shall be posted a minimum of forty-five ( 45) calendar days prior to the start of the shift rotation and maintained for employee viewing for a minimum of fifteen (15) calendar days. All employees, including those on approved leave of absence, may submit bi-annual bids for seniority shift preference during the months above. Once bid requests are collected, a new shift assignment roster shall be posted a minimum of fifteen (15) calendar days prior to the first date of shift rotation. Shiftexchanges between consenting employees may be allowed with the approval of the unit commander. However, exchanges shall not affect other employee's seniority. BAS should make a good faith effort to also post the allocated spots at each facility with the shift bid roster to help staff make an informed decision when choosing shifts and facilities.

  All bidding will be completed by March 31 st and September 30th.

  Shift bidding dates may be modified based on a reduction-in-force action by mutual agreement of both parties.

  Employees out on extended family medical leave, military leave, disability, or 4850 must have a release to full duty without limitations effective within thirty (30) days after the shift changes occur to be eligible to exercise seniority for their shift preference. These releases must be turned in a minimum of twenty-one (21) days prior to the effective date of the shift change. Employees not meeting the requirement of submitting an appropriate release twentyone (21) days prior to shift change may not be given shift preference but assigned to the needs of the Department.

  Staff not meeting these requirements may not be given their shift preference over the needs of the department.

  For the purpose of shift bidding and facility assignment, female deputies are assigned as follows:

  1. There will be a sufficient amount offemale deputies assigned to the Public Safety Center (PSC) in line staff positions to stay in compliance with Penal Code Sections 4020.4 and 4021.

  2. The Bureau of Administrative Services Commander will endeavor to meet the female staffing requirements of one (1) female deputy per each female housing unit on each shift based on Title 15 compliance, female inmate population, and the facility-housing unit needs (currently PSC houses females in four units).

  3. The female deputies will be assigned to shift and color day off based on seniority and. facility need.

  4. The County agrees to meet and confer with the Union to discuss staffing requirements for females during the shift bidding process for the implementation of the 12-hour shifts and to update any outdated language in this section.

  5. A female deputy that is displaced, due to compliance with female staffing requirements as noted above, from the shift she would have been given based on seniority bidding will receive five percent (5%) female displacement pay for the term of the shift rotation.

  The Department shall reserve slots on each of the shifts for Classification Deputies. Deputies may bid for their preferred shifts based on the seniority as defined in Section 11.

  Employees assigned to Special Assignments prior to or after shift rotation, shall fill open vacancies within their special assignments without affecting other employees already assigned in the unit. In the event there are multiple vacancies within a Special Assignment, vacancies shall be assigned by seniority bidding. The "start date" for employees assigned to a Special Assignment after a shift rotation shall be the subsequent shift rotation. The Department will endeavor to provide notice to employees who are removed from Special Assignments in a timely manner in order for those employees to participate in the shift bidding process. Employees who are removed from a Special Assignment outside the shift rotation period will be assigned to a facility and shift based on the operational needs of the department. Employees assigned to the Classification Unit shall be allowed to bid for shifts within their Unit and not be limited to a facility.

  Prior to shift change, if the Department determines a need for a Field Training Officer to fill a vacant position, the Department shall first seek volunteers from the FTO's in order to fill such positions. In the event the Department needs to reassign an FTO involuntarily prior to or after shift change, the Department shall use reverse seniority, meaning the FTO with the least seniority shall be reassigned. Female FTOs may be exempt if sufficient female coverage is not available to train female deputies at the PSC. However, in no event shall a FTO be involuntarily reassigned more than once in a twelve (12) month period from the date of reassignment.

  Deputies shall not involuntarily have their shifts or special assignments changed without fourteen (14) days prior notice except in the case of unforeseen circumstances. This excludes scheduled shift changes pursuant to Section 12 of the agreement.

• Seniority Requests
  All seniority vacation requests shall be submitted during the month of November for the following year and returned as soon as possible, but no later than, the last day of December.
  The Department shall make a good faith effort to approve seniority vacation requests.
  Employees can provide one (1) priority and two (2) alternate seniority requests listed in order of priority on the request from.
  Seniority may only be exercised for one continuous block of time per calendar year.
• Standard Requests
  All standard vacation requests will be processed on a first come, first served basis.
• Approved Vacations
  After any vacation request is approved it will remain approved except in unforeseen circumstances or in an emergency at which time those vacations scheduled during that period may be re-called.

1. Leaves of absence without pay may be approved for probationary employees. Further, as a condition for a leave of absence without pay to continue, the County may require the employee on leave to provide periodic status reports demonstrating that the conditions still remain upon which the leave of absence was initially requested and approved.

2. Unpaid leaves of absences, or other absences (other than paid vacation), greater than three (3) weeks shall not count toward the minimum service period required to achieve permanent status.

3. The parties further agree that the County's leave of absence policy shall change to reflect the fact that the granting of any unprotected leave of absence without pay or other time off without pay exceeding fifteen (15) calendar days shall cause the

   employee's date of eligibility for increased vacation accrual rates to be postponed by the equivalent number of days to the nearest number of days for which the leave of absence is granted based on the number of calendar days in such month. Employees who are on a protected, unpaid leave of absence qualifying for leave under the Family Medical Leave Act (FMLA), California Family Rights Act (CFRA), 4850, or Pregnancy Disability Leave (PDL) shall not have his/her anniversary date postponed.

4. Utilization of sick leave for the care of others besides the employee shall be provided consistent with the rights under MOU, State Labor Code Section 233 and Federal law.

• The parties agree that an employee who is absent without authorization and without contacting his or her supervisor for three (3) consecutive working shifts, or longer, shall be presumed to have voluntarily resigned from County service, effective on the date at which the unauthorized absence began. The provisions of County Code Section 3.28.130 (Petition to Set Aside Resignation) shall apply. The parties agree that members of the unit do not waive any right to a hearing or other due process by this section or any rights under the "Peace Officer Bill of Rights."

  For purposes of Section 15, Automatic Resignation, "contacting his or her supervisor" shall mean personal voice conversation either over the phone or in person with the employee's immediate on-duty supervisor or designee, or if that person is unavailable, then he or she shall speak with the on-duty watch Sergeant or Lieutenant. The employee may not leave a voice mail, send an email, text message via a mobile phone, or fax a document to meet the requirement of this section.

  Additionally, the Department shall reasonably attempt to contact the employee absent without authorization at the listed contact phone number provided by the employee during the seventytwo (72) hour period before automatic resignation is effective.

• The parties agree that the maximum time period during which an employee may be suspended for cause pursuant to County discipline policies is forty-five (45) working days. Members of this bargaining unit work a variety of shifts: maximum suspension per shift is outlined as:

  • 8 hour shift a total of forty-five (45) working days may be served per suspension;

  • 10 hour shifts a total of thirty-six (36) working days may be served per suspension:

  • 12 hour shifts a total of thirty (30) working days may be served per suspension.

  No member will serve more than 360 working hours per suspension.

• This provision shall apply in the event that an individual, as opposed to the DSA, pursues arbitration. Prior to engaging the services of an arbitrator or court reporter, the individual shall make a deposit covering each day of arbitration and certify that he or she is individually responsible for the costs of the arbitrator and court reporter, and that the County will have no responsibility to pay for the individual's share of costs as specified in the grievance and arbitration procedure. An arbitrator shall have no jurisdiction to order that the County assume responsibility for paying an individual's share of grievance and arbitration costs.

• Employees hired into the represented unit shall be required to serve a probationary period of eighteen (18) months starting from the date of appointment as a Deputy Sheriff-Custodial. Upon the successful completion of the probationary period, an employee shall be granted permanent status unless the probationary period is extended. The probationary period of an employee may be extended an additional six (6) months beyond the s standard eighteen (18) months following notice to the employee and the DSA and upon mutual agreement of the employee and Sheriff or designee. An employee's probationary period will not be extended beyond twenty- four (24) months at any time (except as provided below) If the parties do not mutually agree to an extension, the Department reserves the right to release the employee from probation as set forth in this section.

  Probationary periods shall be extended by the same number of days for any period of time not worked, twenty-one (21) or more consecutive calendar days, excluding vacation, compensatory time off (CTO) and holidays.

• Supervisors are encouraged to frequently communicate with their subordinates. Supervisors who are aware of employee behavior which is not acceptable, in need of improvement or information which is averse to the employee's interest should notify the employee as soon as practical. The supervisor may document specific incidents and any action taken. If the incident is documented, the supervisor shall provide the employee an opportunity to review and sign the document prior to placing the documents into any files. Any subsequentrebuttals shall be attached to the respective documents.

  Supervisors are responsible for providing employees with the performance reviews in a timely manner. Supervisors are to adhere to current Stanislaus County policy requirements in regard to performance evaluations.

  The County and the Deputy Sheriffs Association acknowledge that a supervisor is offering his or her informed opinion of a subordinate's work performance in the evaluation process. It is recognized that some of the conclusions in an evaluation process may be subjective in nature. However, supervisors shall not rely on rumors or hearsay in making judgments in performance evaluations.

  Supervisors or above should not surprise the employee with any unsatisfactory rating or needs improvement rating without having engaged in a prior discussion with the employee on behavior that is unacceptable or in need of improvement. As such, supervisors shall not enter any adverse comment in any performance evaluation without first discussing the matter with the employee and documenting the discussion appropriately. Such discussions shall be timely in regard to the behavior.

1. The parties agree that the "Peace Officer Bill of Rights" shall apply to the classifications of Deputy Sheriff-Custodial and Custodial Sergeant.

2. The parties agree that the provisions of Labor Code 4850, et seq. regarding salary continuation and other benefits shall apply to employees in the classifications of Deputy Sheriff-Custodial and Custodial Sergeant.

1. A joint Reduction-In-Force policy has been established and agreed to for the following four bargaining units effective August 7, 2012:

   1. Custodial Deputy Sheriffs Bargaining Unit
      Sworn Deputy Sheriffs Bargaining Unit
      Sheriffs Supervisor Bargaining Unit
      Sheriffs Management Bargaining Unit

2. The parties agree that the joint Reduction-In-Force Policy, included in this agreement as Attachment A, applies to all employees covered by this agreement. The joint Reduction-InForce Policy may only be amended by mutual agreement of the County and all four represented bargaining units.

1. Group Plans Available

   Employee health insurance benefits (*medical, dental, vision, wellness programs) are negotiated under a separate meet and confer through implementation process between the County and all represented employee bargaining units. A copy of the negotiated health insurance agreement is included in this MOU as Attachment B.

2. Health Insurance

   The parties agree to meet and confer in the Joint Task Force for discussion of health insurance when rates become available. These rates shall be available in June of each year. Current benefits and cafeteria contributions shall stay in effect until January of the following year.

3. Life Insurance

   Employees enrolled in one of the health insurance plans shall be eligible for a ten thousand dollar ($10,000) term life insurance policy. This benefit is available for the employee only. Additional life insurance may be purchased at employee expense through the flexible benefit plan.

Effective March 1991, the County implemented the mandatory premium conversion plan under Section 125 of the Internal Revenue Code, limited to employee health insurance premium contributions.

1. Legal Defense Fund Deduction

   The County agrees that it shall deduct from the salary of each full-time member of the bargaining unit who provides written authorization for such deduction on forms provided by the DSA, an amount specified in writing by the DSA for the specific purpose of a legal defense fund. The County shall remit said deduction to the address on file for the DSA. The foregoing deduction, however, is subject to sufficient funds being due to the member of the bargaining unit for whom deductions are to be made after the County has paid all of their legally required or employee-authorized payroll deductions. The DSA agrees to defend, indemnify and hold harmless Stanislaus County, its employees and agents against damages and claims of whatever nature arising out of deductions from employee paychecks.

2. Dues Deduction

   • Monthly, the County shall provide the Association a roster of all employees in the Associations' bargaining unit containing the name, job title, department, work location, membership status, work, home, and cell phone numbers, home address, and personal email address on file within the County's Human Resources database system (currently Peoplesoft). The parties recognize this is beyond legal requirements of providing a list every 120 days and new hires every 30 days of their hire date.

   • The County will also provide a list of County New Employee Orientation dates, a minimum of 60 days in advance.

   • The County shall provide the Association notice of County employee orientation with new bargaining unit employees not less than 10 business days and provide reasonable accommodations and a reasonable time to meet with the new employees not to exceed 30 minutes. The County shall provide release time for one Association member, including travel time to participate in the County's New Employee Orientation.

   • The Association shall submit a certification/list to the County that is has and will maintain individual employee authorizations for payroll deductions, signed by the individual from whose salary or wages the deduction is to be made. The County shall rely upon written notification from the Association for any and all employee requests to cancel or change payroll deductions for dues. The Association is responsible to obtain and maintain voluntary written authorization for dues deductions. Dues deductions shall automatically renew unless written notice is provided bv the Association. The County shall honor any changes to dues amounts provided by the Association. The Association is not required to provide a copy of individual emplovee authorizations to the County unless a dispute arises about the existence or terms of the authorization.

   • Deduction notification will be provided to County Payroll@stancounty.com and Recruit AD@stancounty.com, Changes, cancellations, etc received by the County prior to the 15th of the month will be processed no later than the first pay period of the second month. Example: Association notifies the County on January 15th, the deductions will be effective no later than the first full pay period in March. The parties recognise there is a lapse in time due to pav period processing constraints. The County will make every effort to process earlier if possible.

   • The County shall direct employee requests to cancel or change dues deductions to the Association. The County shall not make disparaging comments about the Association nor recommend another represented organisation.

   • The Association shall indemnify, defend, and hold the County harmless against any claims made and/or any suit against the County which may as a result of this agreement.

3. Voluntary Dues Deduction - Long Term Disability Income Protection Plan

   The County agrees to administer a dues deduction program for members of the bargaining unit to participate in a long-term disability insurance plan. The voluntary deduction shall be implemented in accordance with the policy of the Auditor-Controller.

County Meet and Confer Issues

1. The DSA agrees that during the term of this MOU, the County may make proposals that will be subject to meet and confer to the extent required under the Meyers-Milias-Brown Act, on the following subjects:

2. County Personnel Policy Changes Health Insurance

3. The County agrees that any changes made as a result of meet and confer pursuant to this section shall not result in a loss of salary, compensation or cafeteria contributions currently provided to DSA members.

The parties agree that the County policy providing for reimbursement of personal property such as clothing damaged or destroyed in the line of duty and without employee negligence shall continue with the specific understanding that normal wear and tear is not covered as reimbursable and that any and all disputes arising out of this process shall be referred for final resolution to a County department head mutually agreed upon. If the parties cannot agree on a particular department head, one shall be selected by an alternate striking method. Normal wear and tear refers to the wearing out of articles of personal property or clothing that results over time and through no sudden or unusual occurrence such as line of duty accident. This recognizes the fact that many articles of clothing wear out with age and would be replaced in the normal course.

1. Sick Leave Cash-out

   1. The parties agree that the sick leave policy of the County in effect immediately prior to the commencement of this agreement shall remain in effect during the term of this agreement, with the exception that the policy of the County concerning pay for a portion of accrued sick leave upon termination of County employment shall be amended as follows in the consideration of the salary and other fringe benefit increases in this agreement. The parties agree that employees who terminate from County service as a result of death, non-service connected disability retirement, or service retirement shall be eligible to receive cash for accrued, but unused sick leaveon the books at the rate of fifty percent (50%) of the salary equivalent of such sick leave.

      The parties agree that at the time a member of the bargaining unit is granted a service connected disability retirement the employee shall not have the option to continue his or her disability leave charged against accrued sick time. Any accrued sick leave shall be cashed out at seventy-five percent (75%). The seventy-five (75%) cash-out shall be limited to this circumstance only.

      Employees terminating from County service for all other reasons, including but not limited to resignation and discharge, shall not be eligible to receive any cash out of unused sick leave.

      The maximum amount of sick leave that shall be applied toward the cash out provisions as provided for herein shall be six hundred (600) hours. For example, if an employee retires from County service, he or she would be cashed out for fifty percent (50%) of six hundred (600) hours or three hundred (300) hours. Time in excess of the six hundred (600) hours shall continue to accrue and be used in the case of illness.

      In addition, any current employee who has accrued time in excess of six hundred (600) hours shall, upon retirement, consistent with current MOU provisions, cash out the amount of time accrued as of the pay period ending January 6, 1995 or the end of the last pay period in October, whichever time is higher. The total sick leave accrual on the date for each employee shall become the employee's individual maximum or cap for sick leave cash-out purposes while the employee remains in the continuous employment of the County. For example, if the employee has one thousand (1,000) hours on the date the cash-out maximum takes effect, he or she would be cashed out for fifty percent (50%) of one thousand (1,000) hours or five hundred (500) hours upon retirement. Any time accrued and in excess of this time shall not be subject to cash-out. The County agrees that any sick leave credited toward retirement of the employee shall be made in good faith.

      The purpose of this provision is to place a ceiling on the County's cash-out liability for sick leave while maintaining unlimited accrual of sick leave for catastrophic illness.

      Furthermore, the County agrees all sick leave accrued above the employees' individual cash-out maximum shall be converted toward service credit upon retirement on an hour for-hour basis.

2. Conversion of Sick Leave Cash-out Benefits to Health Insurance Upon Retirement

   If the County establishes a program which allows for the conversion of sick leave cashout benefits to cover the cost of health premiums upon retirement, that program shall be made available to all employees covered by this agreement. This program must meet the criteria of the Auditor-Controller and Internal Revenue Codes for tax purposes.

3. Sick Leave Used for Family Leave

   The parties agree that sick leave used for family leave shall be governed by the California Labor Code Section 233.

Uniform allowance shall be one thousand two hundred and twenty dollars ($1,220.00) per year paid monthly in twelve (12) equal payments. In exchange for this additional compensation, employees shall be responsible for the maintenance, care, purchase and replacement of uniforms.

Uniform allowance will be increased by $50.00 effective the first full pay period following January 1 each year as follows:

Newly hired employees will receive a lump sum payment of 50% of the annual uniform allowance on the first pay check following hire date. Monthly payments for newly hired employees will start the seventh month of employment.

Refer to Section 26, Personal Property Damage Procedure, for reimbursement of personal property damaged or destroyed in the line of duty.

No uniform allowances shall be provided to employees absent from duty for three or more consecutive calendar months on 4850 or other disability-related leave.

Mileage reimbursement rates will be established by the County Auditor-Controller effective January of each year based on the rates published by the IRS. This provision will be implemented in January 2007.

Employees subject to an internal affairs investigation interview shall be interviewed by an employee in the same or higher rank in the Deputy Sheriff - Custodial or Deputy Sheriff classification series. Internal Affairs investigations may be conducted by an outside agency if necessary.

1. The following items shall be purchased and available by the County and replaced as necessary due to normal wear and tear or damage caused while on duty:

   Standard Issue
   *Taser and Taser Holder
   Duty holster
   Magazine pouch
   Key carrier
   Radio and radio holder
   Handcuffs and case (1 pair)
   Baton and holder
   Duty jacket
   Flashlight and holder
   Belt - Sam Brown with Buckle
   Belt - Uniform
   CPR Mask
   *OC and OC holder
   *RCB and RCB holde

   Additional equipment may be issued depending on the assignment.

   *Items will be issued upon successful completion of training.

2. Body Armor

   The Sheriff shall provide body armor equivalent to Safariland Matrix Gold 2 Vest with Soft Plate "Threat Level II or IIIA" or Stab Threat Level II with garment to all personnel in the Adult Detention Division. All such personnel are required to wear the body armor; provided, however, the Sheriff may designate exceptions to the requirement for certain personnel. The Sheriffs designation of exceptions is not grievable or arbitrable.

The parties agree that the Deputy Sheriffs Association will establish a Retiree Medical Trust, funded by salary reduction and/or contractually permitted sick leave cash-outs at the option of the DSA.

It is not the intent of the parties hereto to violate any laws, rulings or regulations of any governmental authority or agency having jurisdiction over the subjects of this collective bargaining agreement, and the parties hereto agree that in the event that any provisions of this agreement are finally held or determined to be illegal or void as being in contravention of any such laws, rulings or regulations, nevertheless, the remainder of the agreement shall remain in full force and effect unless the parts so found to be void are wholly inseparable from the remaining portion of this agreement.

The parties agree that the County would change its practice to comply with applicable law.

Take home County vehicles will be based upon assignment and assignment will be at the Sheriffs discretion. The use of a County vehicle will not be considered as compensation.

1. Both parties agree to the importance of having accurate reporting of work time entered on timesheets or into the electronic timecard system in order to ensure:

   1. The data necessary for the accurate and timely payment of wages is collected;

   2. Compliance with appropriate governmental regulations; and

   3. The required supporting documentation is maintained.

2. Employees are required to report all time worked on times heets or into the electronic time card system. This includes entering time-in and time-out for each work day. For timekeeping purposes, time-in is the time you begin work and time-out is the time you break from work for a meal period or leave work for the assigned day or shift. The payroll system allows for employees to enter actual start and end times to the minute and this would be the expectation for all employees when reporting time on time sheets or into the electronic time card system.

3. When evaluating employee attendance, actual start and stop times will be used.

4. Both parties agree to the importance of having accurate reporting of work time entered on timesheets or into the electronic timecard system in order to ensure:

Effective November 1, 2014, the County will waive County fees and pay on behalf of employees applicable State fees for carry concealed weapon (CCW) permits for each Deputy Sheriff-Custodial that meets the requirements to obtain and is issued a valid permit. The issuance of CCW s is solely at the discretion of the Sheriff. The issuance of a CCW to any member of the DSA bargaining unit is not a mandate by the Department and is not a requirement of employment with the Sheriffs Department, nor is it a term and condition of employment.

1. Bargaining Unit Lists

   The County will provide the union on a quarterly basis, or upon written request, bargaining unit lists containing the following information for each bargaining unit employee: Name, Classification and Department. The County will also provide home address and personal telephone number for bargaining unit members as allowed by law and provide assistance to ensure Union information can be mailed to non-union members.The Union agrees to take all due precautions to ensure that the information provided on the bargaining unit lists will be used only for Union representation of its bargaining unit and it will not be used in any manner so as to harm the confidentiality or right of privacy of members of the bargaining unit. The Union agrees to indemnify, defend and hold harmless Stanislaus County, its employees and agents against damages or claims of whatever nature arising out of the Union's control and use of bargaining unitlists.

2. Bulletin Boards

   The parties agree that the County will permit use by the Union of existing employee bulletin boards or permit space acquisition of bulletin boards by the Union in employee areas for the purpose of posting Union information.

3. DSA Website

   The County agrees to allow DSA members to continue to access DSA and associated websites at worksite locations. Employees utilizing are encouraged to do so during rest periods and lunch breaks.

1. This Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any and all prior or existing Memoranda of Understanding, Understandings, and Agreements regarding the matters set forth herein, whether formal or informal, are hereby superseded and terminated in their entirety. All side-letters previously signed by the parties that are not attached to this agreement are null and void.

2. Existing department practices and/or benefits which have a direct effect on employee wages, hours and other terms and conditions of employment which are not referenced in this Agreement shall continue without change unless modified or abolished by mutual agreement of the parties (this provision does not apply to County-wide meet and confer issues). The parties understand and agree that the provisions of mutual agreement shall not apply to issues under conditions of employment unless it can be shown that they affect wages, hours or other substantial terms or conditions of employment.

3. The continuation of these existing practices and/or benefits is contingent upon there being practices and benefits that are recognized by the parties as open and notorious and clear and known and regular and consistent. Examples, without limitation, would be those established in writing or those created by custom and practice known to both sides for a substantial period of time. It is the intent of the parties that management trials, test cases, individual or small group practices, or sporadic practices that havenot been sufficiently evaluated and accepted by management not be considered an established pattern, practice or benefit within the meaning of this clause.

4. It is the intent of the parties that ordinances, Board resolutions, rules and regulations enacted pursuant to this Agreement shall be administered and observed in good faith.

5. Nothing in this Agreement shall preclude the parties from mutually agreeing to meet and confer in any subject within the scope of representation during the term of this Agreement.