MEMORANDUM OF UNDERSTANDING BETWEEN
COUNTY OF SANTA BARBARA AND
SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 721

SECTION 29. ADMINISTRATIVE LEAVE

Employees in classifications exempt from overtime compensation are eligible for administrative leave in accordance with the following provisions:

A. Purpose. Salaried employees are compensated for meeting the requirements and performing the duties of their job regardless of the number or scheduling of hours worked. Such employees may be required periodically or routinely to work long or irregular hours, and to attend various meetings and functions outside of normal "business hours" to fulfill their responsibilities.

Due to standards of public accountability and the resulting need for all employees to account for all time for which they are compensated, the County has created a vehicle to record paid time off not charged to accrued leave balances when a salaried employee occasionally works less than his/her regular schedule. This paid time off is called administrative leave. The purpose of administrative leave is to provide a process for authorized leave time to record amounts to be paid to salaried employees when their pay period total regular hours plus any use of vacation, holiday or sick leave is less than their normal schedule (e.g., 80 hours for full-time employees).

B. Approval Required. Salaried employees do not have a right to administrative leave. This leave is not an entitlement, is not related to hours worked nor is it subject to accrual or payment for unused leave. Use is completely discretionary, upon approval of the department head. Department heads may approve administrative leave in recognition of extraordinary work assignments, excessive work time beyond normal work schedules or to reward outstanding individual performance.

C. Procedure. Salaried employees, after having recorded any regular, sick leave, holiday and/or vacation taken as appropriate in a pay period, may use administrative leave with the approval of their department head. The department head may grant a salaried employee up to 108 hours of administrative leave per payroll year. The County Administrator may approve additional administrative leave upon the written request of the department head.

SECTION 30. RETIREMENT

A. The County offers the following retirement plans:

1. Employees Hired Before October 10, 1994

Contributory Retirement Plan (Plan 5A – Half Rates FAS-1)

2. Employees Hired On or After October 10, 1994

Contributory Retirement Plan (Plan 5B – Half Rates FAS-3)

Effective as soon as practicable following ratification and adoption of the MOU by the Board of Supervisors.

B. The County may adjust the employee contribution rates to the Retirement System when such adjustments are based on an Actuary Report, recommended by the Retirement Board and approved by the Board of Supervisors. Prior to implementing employee contribution rate adjustments, the County shall give notice and upon request provide an opportunity to meet. The purpose of the meeting will be to discuss the implementation of the contribution rate changes. The effective date of rate adjustments shall be in accordance with the applicable provisions of the County Employees Retirement Law of 1937.

C. Between July 2008 and October 2008 the County and Local 721 shall commence meeting and conferring on the following issues:

• The feasibility of changes to the current retirement formulas for the existing and future workforce.
• The feasibility of establishing a defined contribution component to retirement for the future workforce.
• Employer pickup of employee retirement contribution considered compensation earnable.
• Potential changes to retiree medical for the existing and future workforce.

Any changes require mutual agreement.

D. The County shall pay up to $25 biweekly toward a full-time employee’s normal contribution to the Retirement System. Part-time employees shall receive a prorated equivalent.

SECTION 31. DEFERRED COMPENSATION

The County shall contribute 0.36% of the employee’s base salary each pay period into a 401(a) deferred compensation plan for the benefit of the employee. All employer contributions shall be immediately vested to the employee. Employees are responsible for the investment of assets in their individual account among the investment choices available and offered by the Plan Administrator. If an employee fails to direct any specific investment choice, the assets in his/her individual account will automatically be invested in the Plan Administrator’s “general account.” Specifics of the 401(a) Plan are contained in the Plan Document.

SECTION 32. STANDBY

A. For employees represented by the Union, payment for standby duty will be made for all hours an employee is assigned to standby duty. The County shall determine the employees assigned to standby duty and the period of time assigned.

B. Stand-by duty requires that employees so assigned:

1. be ready and take steps immediately to respond within a reasonable time to calls for their service;
2. be readily reachable by telephone or paging device;
3. remain within a specified distance or time from their work stations;
4. refrain from activities which might impair their ability to perform their assigned duties.

C. The standby pay will be at the rate of $4.00 per hour for each hour on such standby duty.

D. No employee shall be paid for stand-by duty time and other compensable duty time simultaneously.

E. In the case of Social Services Supervisors I/II and Program Analyst classifications, standby duty shall only be assigned as specifically approved by the Division Chief. This approval shall be based on issues of staffing and/or other special needs.

SECTION 33. CALLBACK

A. Employees shall be compensated for a minimum of two (2) hours when the employee is required to attend a staff meeting during the employee's regular day off.

B. Employees who are called back to work shall be compensated at the appropriate rate. Work time shall begin at the time of notification to promptly report to work or, if not promptly, at the time the employee is required to depart to report to work, and continue until the employee completes work and returns to home (or the location called out from), the nearest regular work site or the county line, whichever is the shortest distance. A minimum of two (2) hours at the appropriate rate shall be paid in those cases when an employee is required to report to a job site or emergency response location, but the minimum shall not apply if the employee is not required to report to another location.

This provision shall not apply to schedule changes, including but not limited to, "double backs."

C. Exempt employees who are assigned to standby duty in Protective Services and who are then called back to work shall receive straight-time compensation for hours worked. Work time shall begin at the time of notification to report to a job site and continue until the employee stops work.

D. During the term of this Agreement, either party may reopen negotiations on the issues of Callback or Standby and related changes in terms and conditions of employment. If either party reopens negotiations on either of these subjects, the proposed changes will not be implemented unless the parties mutually agree.

E. Effective January 31, 2005, non-protective service social workers who are assigned to Protective Services standby duty shall receive the PS/L rate of pay, at the same pay step as the employee’s regular pay step in range, for all call back time they work on such assignments.

SECTION 34. BILINGUAL ALLOWANCE

An employee, whose duty assignments require regular and frequent use of bilingual language skills in English and either Spanish or Hmong, or any other language including but not limited to American Sign Language, shall be designated by the department head to receive a bilingual allowance. The department head shall designate the employee in writing to the Human Resources Director prior to the allowance being effective. The employee shall retain such bilingual designation only until a change in assignments is reported in writing by the department head to the Human Resources Director. Additional compensation for bilingual duties is payable as an allowance and not as part of basic salary, but shall be payable at the same time as a regular compensation. When a full-time employee is assigned by a department head to duties requiring regular and frequent use of bilingual language skills he/she shall receive an allowance of $57.69 per pay period. When a part-time employee is assigned regular and frequent bilingual duties, the bilingual allowance shall be prorated and paid on the same basis that the part-time position is filled and compensated.

As used in this section, the phrase "regular and frequent" means on an annual average of at least once each working day or five times each work week. Payment for the bilingual language skill is restricted to the actual needs of the position. An employee's ability to read, write or speak any language in addition to English, occasional or incidental use of bilingual language skills or the use of bilingual language skills other than for the purpose of meeting the requirements of the job shall not warrant a bilingual allowance.

SECTION 35. SHIFT DIFFERENTIAL PAY

A. Employees shall receive additional compensation at the rate of $.75 per hour for all hours worked on an assigned shift when the majority of the hours worked are between 6:00 p.m. and 7:30 a.m.

B. In lieu of compensation set forth in paragraph A above, employees shall receive additional compensation at the rate of $1.50 per hour for all hours worked on a regularly assigned shift when the majority of the hours worked are between 12:00 a.m. and 6:30 a.m.

SECTION 36. MILEAGE REIMBURSEMENT AND TRAVEL TIME

A. Employees who, when authorized by their department, use their personal vehicle for County business shall be reimbursed for each mile driven on County business. Said reimbursement shall be at the amount per mile exempted by the Internal Revenue Service for reporting of income. If there are any changes in I.R.S exemptions, the County shall notify the Union.

B. If a non-exempt employee is required to travel to a work location other than the regularly assigned work location, the employee shall be compensated for the normal travel time required from the regularly assigned location to the alternate work location, or the travel time from the employee's home to the alternate work location, whichever is less.

C. The County shall inform, at the time of hire and subsequently whenever there is a change in that policy, each employee who may be authorized to use their personal vehicle for County business of the County policy and procedures for receiving mileage reimbursement.

SECTION 37. TUITION AND TEXTBOOK REIMBURSEMENT

A. To the extent funding is available the County shall provide for textbook and tuition reimbursement for regular full-time employees up to a maximum of $500 per fiscal year and in accordance with administrative regulations governing this program. Tuition reimbursement for regular part-time employees shall be prorated based on their part-time percentage.

B. Only costs for textbooks required for approved courses shall be deemed reimbursable through this program.

SECTION 38. TRANSPORTATION DEMAND MANAGEMENT (TDM)

Employees shall be eligible to participate in the County's TDM program and receive related benefits including the Alternative Commute Incentive.

SECTION 39. THE 9/80 WORK WEEK

The County and the Union agree that the 9/80 work week option shall continue during the term of this Memorandum of Understanding with the following limitations. The day off available to an individual employee on an alternative schedule shall be limited to Mondays or Fridays.

A. County management shall reserve the right to remove an individual employee from his/her 9/80 schedule due to operating requirements. To the extent practicable, advanced notice will be provided the individual employee. If it is anticipated that the assignment will exceed two weeks, notice will be in writing and shall include the reasons for the change, and when applicable, the length of time that schedule will be changed.

B. The County may not eliminate the 9/80 work week without meeting and conferring with the Union. Nothing in this Article shall prevent the County from standardizing the 9/80 work schedules. However, prior to the implementation of such standardization, the County shall notify the Union of its plans.

C. The County shall reserve the right to withhold approval of the 9/80 work week schedule, based on staffing needs, in those work locations where the 9/80 work week option is not currently in effect as of the adoption of this Memorandum of Understanding.

D. Subject to the same provisions as set forth in Paragraphs A through C above, employees may apply for alternative work schedules in addition to the 9/80, including the modified 9/80, consisting of four 9-hour days and one 4-hour day each week.

E. During the term of this agreement, either party may reopen negotiations on the issue of the availability of alternative work schedules to unit employees in departments other than DSS. If negotiations reopen on this subject, the proposed changes will not be implemented unless the parties mutually agree.

SECTION 40. REASSIGNMENT POLICY

A. Definition

For purposes of this section, a reassignment is a change from a position in one work location, shift, unit, program, or division to a position in another work location, shift, unit, program or division in the same class.

B. Voluntary Reassignment

1. An employee who wishes to be considered for reassignment shall make a written request for such reassignment to the designated department administrator for consideration. An employee may submit an unlimited number of such requests. The department administrator shall acknowledge in writing within two weeks receipt of the employee's reassignment request. Department management will maintain a record for at least one year of such requests for consideration.

2. Except as provided below, departments shall post notices of vacancies in order to afford employees interested in reassignment an opportunity to request reassignment to a vacant position. Said notices shall be posted when it is known that a vacancy is available to be filled. The notice shall include the classification of the position to be filled, location, work schedule and shift, unit and program. In instances in which other vacancies may result from filling the initial position, the notice for the initial position shall contain a statement which notifies employees of this possibility and encourages interested employees to submit request(s) for reassignment to the appropriate department manager. Said notices shall be sent via e-mail to all bargaining unit employees in the department.

3. Requests for voluntary reassignment will be given first consideration for a position and shall be granted an interview before an open or free name eligibility list is considered. An employee who requests a voluntary reassignment to the same unit within a year’s time shall be offered the opportunity to be re-interviewed by the hiring supervisor.

4. An employee may withdraw his or her request for reassignment at any time.

5. Employees whose requests for reassignment into a position are not granted shall be notified in writing as soon as practicable.

C. Involuntary Reassignment

When making a permanent reassignment not requested by the employee, management shall provide at least two (2) weeks notice in writing to the affected employee, except in cases of exceptional operational necessity.

SECTION 41. EMPLOYMENT OPPORTUNITIES

A. The County shall publish and post biweekly a listing of available employment opportunities at specific locations within the County. A copy of such listings will be sent to the Union for its information. A list of the posting locations will also be furnished the Union and kept current.

B. With respect to promotional opportunities, an employee certified as eligible for a classification shall be formally interviewed by the department. The interview will not be repeated for 180 days provided that the assignment considered and interviewed for is similar in work area (location), assignment and job duties assignment. For Social Services Department, all eligibility function assignments are considered to be "similar job duties," and all social service function assignments are to be considered "similar job duties." In any event, employees who are certified as eligible for a classification shall be formally notified prior to consideration by the department. A telephone call informing the employee that they are being considered shall constitute formal notification.

SECTION 42. EMPLOYEE PERFORMANCE REPORTS

A. Employee Performance Reports (EPRs) shall be prepared for each employee at least on an annual basis.

B. All employees responsible for preparing EPRs will receive a copy of the “Guidelines for Performance Management” published by the Personnel Department prior to preparing an EPR for the first time.

C. Employees receiving an EPR which results in the denial of a merit increase shall be reevaluated at least every three (3) months until such time as their performance is deemed satisfactory.

SECTION 43. EMPLOYEE PERSONNEL FILES

A. All personnel files on an employee maintained by the County and the department will be open for inspection by that individual or his/her authorized representative at his/her request during business hours by appointment. He/she will be shown all contents of the file except those materials designated confidential by law. Copies will be provided to the individual upon his/her request.

B. No material relating to performance appraisal or disciplinary action shall be placed in the personnel file of an employee represented by the Union without the employee first being given an opportunity to read such material and attach a reply if the employee desires, which shall remain with said material.

SECTION 44. REDUCTION IN WORK FORCE

A. In the event of anticipated layoff or reduction of the employees represented by the Union, the County agrees to give written notice to the Union and shall promptly meet and confer with the Union to discuss the situation and review all applicable Civil Service procedures prior to taking any action. The County shall provide the Union with a layoff abstract of the employees in the classes affected by the layoff at least thirty (30) calendar days prior to the effective date thereof.

B. It is recognized that any reduction in force shall be accomplished in accordance with the County's layoff procedures which are set forth in the rules of the Civil Service Commission.

C. In the event of proposed rule changes in the area of layoff, the County agrees to notify the Union in writing prior to the time any action to change said rules is taken. The County shall meet with the Union regarding the proposed changes upon request of the Union.

D. For the sole purpose of avoiding layoffs in the Social Worker and Eligibility Worker classifications, should a reduction in force be deemed necessary, the Social Services Department will offer part-time employment to all staff in the affected classes on a voluntary basis. The department shall be under no obligation to create more than sixteen (16) part-time positions pursuant to this section.

SECTION 45. BULLETIN BOARDS

A. The County shall provide designated bulletin board space on existing bulletin boards for the Union, the size and location to be determined jointly by departmental management and the Union. All materials to be posted shall be nondefamatory in nature, must be approved and signed by a Union official and shall be used for the following subjects:

1. Union recreational, social and related news bulletins;
2. Scheduled Union meetings;
3. Information concerning Union elections or the results thereof;
4. Reports of official business of the Union, including reports of committee or the Board of Directors.

B. Material listed in A above shall be posted only on those areas designated as official bulletin boards.

In cases where the Union, in whole or in part, represents more than one bargaining unit at a work location, the space described above will become the bulletin board space for all employees represented by the Union at the work location.

SECTION 46. USE OF COUNTY COMPUTER RESOURCES

Employees’ rights and obligations regarding use of the County’s computers and computing resources (including e-mail) are governed by the County’s Acceptable Use Policy. The parties agree that occasional and incidental use of County computing resources for Union business is allowable within the parameters of the Acceptable Use Policy, so long as such use does not interfere with the performance of work duties, the effective delivery of services, result in any cost to the County, or unduly compromise the security of County systems.