MEMORANDUM OF UNDERSTANDING BETWEEN
COUNTY OF SANTA BARBARA AND
SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 620

SECTION 28. Holidays

A. Holidays regularly observed by the County for represented employees are:

New Year's Day, January 1
Dr. Martin Luther King Jr.'s Birthday, 3rd Monday in January
Washington's Birthday, 3rd Monday in February
Memorial Day, last Monday in May
Independence Day, July 4
Labor Day, 1st Monday in September
Veterans Day, November 11
Thanksgiving Day, 4th Thursday in November
Thanksgiving Day Friday, the day after Thanksgiving
Christmas Day, December 25
Two (2) Floating Holidays (see section B & C below)

B. All regular employees in a pay status (including paid leave) for any portion of pay period one of each year shall be credited with eight (8) hours holiday leave. This holiday leave must be used during the payroll year and may not be accumulated from year to year. The floating holiday credit may be used in the same pay period in which it is accrued, subject to the provisions of Paragraph D below. Regular part-time employees shall receive a prorated equivalent.

C. In recognition of Cesar Chavez, an additional floating holiday shall be credited in Pay Period 1 each year, under the same conditions as in Paragraph B, bringing the total of floating holidays to two annually. Time off is granted pursuant to department head discretion. Employees may request and department heads may grant use of the floating holiday on March 31 each year, provided department operational needs are met.

D. Holiday leave shall be subject to the approval and/or with reasonable notice taken at the direction of the appointing authority or designee.

E. Each County holiday which falls on Saturday shall be observed on the preceding Friday; and, in this event, the Saturday shall not be considered as a holiday for purposes of compensation and/or time off. Each County holiday which falls on Sunday shall be observed on the following Monday; and, in this event, the Sunday shall not be considered as a holiday for purposes of compensation and/or time off.

F. Regular employees leaving county service shall be paid all compensatory holiday time which has accrued but has not been otherwise compensated.

G. In the following sections reference to eight (8) hours shall apply to regular full-time employees and in the case of regular part-time employee the eight (8) hours shall be a prorated equivalent.

H. When a holiday falls on an employee's regularly scheduled work day, the employee shall be paid eight (8) hours cash payment for the holiday. When a holiday falls on an employee's regularly scheduled day off, the employee shall accrue eight (8) hours of compensatory holiday time.

I. When an employee who is overtime exempt is required to work on a holiday which falls on the employee's regularly scheduled work day, the employee shall, in addition to eight (8) hours regular cash payment for the holiday, accrue compensatory holiday time on an hour for hour basis for all hours worked up to eight (8) hours.

J. When an employee who is eligible for overtime is required to work on a holiday, the employee shall, in addition to eight (8) hours regular cash payment for the holiday, accrue compensatory holiday time at straight time and cash payment at one half time for all hours worked up to eight (8) hours.

K. Employees who accrue holiday time shall take the compensatory time during the payroll year in which the holiday is accrued.

L. In order to receive holiday compensation, an employee must be in paid status on the scheduled work day immediately prior to and/or after the holiday. Notwithstanding the above, neither the first day of employment nor the last day of employment may be a holiday.

M. Notwithstanding Sections F through J above, Solid Waste Division employees in the classes listed below, shall, in each pay period during which a holiday occurs, receive additional compensation at the rate of one-tenth of the employee's basic biweekly salary for each holiday included in that pay period, irrespective of whether or not the employee actually works on any such holiday, unless the facility is closed down or the employee is excused from working a regularly scheduled shift on such holiday. Time off on a holiday shall be full compensation for that holiday.

This holiday compensation shall be applicable to the following classifications in the Solid Waste Division:

Building Maint Worker II
Equipment Mechanic I/II
Equipment Service Worker
Heavy Equipment Operator
Heavy Truck Driver
Maintenance Worker I/II
Recycle Worker I/II
Recycle Worker Leader
Refuse Checker
Refuse Checker Supervisor
Refuse Supervisor
Refuse Leader


The solid waste facilities typically close operations on the following days:

New Years Day, January 1
Memorial Day, last Monday in May
Independence Day, July 4
Labor Day, 1st Monday in September
Thanksgiving Day, 4th Thursday in November
Christmas Day, December 25.

An employee eligible for the cash in-lieu payment provided in this paragraph may elect, in lieu of the cash payment, to accrue compensatory holiday time on an hour for hour basis for any or all of the following four holidays: Christmas Day, New Year’s Day, Dr. Martin Luther King, Jr.’s, Birthday, and Washington’s Birthday. Such election shall be reflected on the employee’s timecard for the pay period in which the holiday falls.

SECTION 29. Resident Employees

A. In addition to the compensation set forth in a salary resolution applicable to their respective positions, all employees paid by the County and required by the County as a condition of employment to live on county-owned property shall be reimbursed for possessory interest taxes levied against and paid by such employees during the fiscal year on account of their exclusive beneficial use of such property.

Reimbursement shall be made by the Auditor-Controller's Office within a reasonable time after presentation to the Auditor of an employee's payment of such tax.

B. Employees required by the County as a condition of employment to live on County-owned property shall pay for Natural Gas/Propane for their residence. The County may also require such employees to pay for one or more of the following metered utilities upon thirty days written notice: Water, Sewer, Electricity. Any implementation of employee payment of water, sewer and/or electricity under this Section shall occur at the same time for all resident Rangers.

The County assumes responsibility for conversions to metered systems and for one-time hook-up costs. Employees shall establish utility accounts in their names and make payments directly to utility companies.

C. Employees shall be required to pay a security deposit of up to $500 to cover the cost of cleaning and/or damage. The amount of the security deposit shall be related to the size and value of the premises. The deposit may be used by the County to repair damages to the premises caused by resident employee, exclusive of ordinary wear and tear, or to clean the premises, if necessary, upon termination of the residency. Any remaining portion of the deposit shall be returned to the employee.

This subsection shall not apply to employees who were residents of County-owned property as of November 23, 1992.

SECTION 30. Retirement

A. The County offers the following retirement plans:

1. Employees Hired Before October 10, 1994
Contributory Retirement Plan, 2% at age 57 formula (Plan 5A – Half Rates FAS-1)

2. Employees Hired On or After October 10, 1994
Contributory Retirement Plan, 2% at age 57 formula (Plan 5B – Half Rates FAS-3)

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

B. The County may adjust the employee contribution rates to the Contributory Retirement Plans 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 the rate adjustments shall be in accordance with the applicable provisions of the County Employees Retirement Law of 1937.

C. The Optional Non-Contributory Retirement Plan (Plan II) has been eliminated as an option for new employees and shall be maintained only for employees who elected to remain in Plan II prior to July 1999.

D. During the term of this agreement, either party may reopen negotiations on the issue of retirement plans. If either party reopens negotiations on this subject, the proposed changes will not be implemented unless the parties mutually agree.

Between January 2008 and October 2008 the County and the Union 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.
• Changes will not be implemented unless the parties mutually agree.

E. 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.

F. Upon request of the Union, both parties will submit a request for a legal opinion to the Attorney General concerning the issue of calculation of Final Average Salary for part-time employees. If either (1) the Attorney General opines that one-year Final Average Salary is legally permissible for part-time employees, or (2) enabling legislation is deemed necessary by the Attorney General and such legislation is subsequently passed, then the County will obtain an actuarial evaluation of the cost of implementing one-year Final Average Salary for part-time employees and reopen negotiations on this issue.

SECTION 31. Deferred Compensation

A. The County will continue to offer employees an opportunity to participate in a deferred compensation program. Except as provided in Paragraph B below, participation in the deferred compensation program is voluntary and permits employees to allocate up to a legally designated amount of their salaries into a deferred compensation plan.

B. For employees in Units 26 and 27, the County shall contribute 0.18% 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. License Renewal Reimbursement

Where the County requires that employees in a classification possess a license or certificate as an employment standard, the County shall reimburse employees for the cost of renewal of such licenses and certificates, with the exception of Class C driver license.

If the employee leaves County employment during the licensing period, reimbursement shall be pro-rated (i.e., if fees have been paid in advance by the County, the employee shall be required to reimburse the County for the pro-rated portion of the fees through a reduction in the employee’s final pay check).

Reimbursement for part-time employees will be pro-rated based on their percentage of full-time employment.

SECTION 33. Tuition and Textbook Reimbursement

A. To the extent funding is available, the County shall, for those employees represented by the Union, provide for tuition and textbook reimbursement for regular full-time employees up to a maximum of $500 per fiscal year and in accordance with administrative regulations governing this program as determined by the County. Only costs for textbooks required for approved courses shall be deemed reimbursable through this program. Before implementing any changes to the administrative regulations, the County shall notify the Union and upon request, negotiate the changes to the extent those changes are within the scope of representation.

Tuition reimbursement for regular part-time employees shall be prorated based on their part-time percentage.

B. Notwithstanding the above, the parties shall refer issues relating to program design, procedures and funding to the Labor/Management Collaborative for its consideration and recommendations to the Board of Supervisors.

SECTION 34. 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 35. Performance Evaluations

Employees shall be given an opportunity to read and sign their performance evaluations prior to placement of the evaluations in the employee's official personnel files. It is acknowledged that the fact the employee has signed a performance evaluation does not necessarily mean the employee agrees with the evaluation, but that such signature shall be evidence of the employee's knowledge of the completed evaluation. The employee shall receive a copy of the performance evaluation within thirty (30) working days of the date of the evaluation. A performance evaluation may not be utilized by the County to affect an employee's job status unless and until the employee has been given an opportunity to review such evaluation.

SECTION 36. Departmental Reassignment

An employee who wishes to be considered for reassignment within the same classification from one departmental unit, program or division to another unit, program or division of the same department shall make a written request for such reassignment to the department management concerned for its consideration. The department will acknowledge receipt of the request and maintain it in its file for a period of one (1) year. In considering an employee's request for reassignment, the department will consider such factors as operational needs, job related qualifications, skills, job performance, length of service, and affirmative action goals.