MEMORANDUM OF UNDERSTANDING
BETWEEN COUNTY OF SANTA BARBARA AND
THE DEPUTY DISTRICT ATTORNEYS ASSOCIATION

SECTION 15. OVERTIME

A. Employees represented by this agreement shall be exempt and shall not receive overtime compensation, except in an emergency as provided below.

B. Regular employees in classifications exempt from overtime compensation and therefore not otherwise eligible for overtime pursuant to this agreement shall be paid overtime worked during an emergency as follows:

1. No overtime compensation shall be paid for overtime work during an emergency for the first twelve (12) hours of such emergency overtime work;

2. Overtime compensation shall be paid at straight time for the second twelve (12) hours of emergency overtime work; and

3. Overtime compensation shall be paid at the rate of time and one-half for all hours of overtime worked in excess of twenty-four (24) hours during any such emergency.

C. "Emergency" for the purposes of this section shall mean emergency in the County of Santa Barbara, duly declared in writing by the Board of Supervisors, the County Administrator, or Deputy County Administrator and shall also include emergencies in other jurisdictions in the State of California, approved in writing as an emergency by the County Administrator or Deputy County Administrator of the County of Santa Barbara.

SECTION 16. MILEAGE

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 Internal Revenue Service exemptions, the County shall notify the Association.

SECTION 17. BAR DUES

The County shall pay attorneys' State bar dues excluding the portion designated for political purposes, under the following conditions:

1. Possession of the license must be a requirement of the position;

2. The employee may not use the license for outside employment;

3. If the employee leaves County employment during the year, the County's contribution shall be pro-rated (i.e., if the bar dues have been paid in advance by the County, the employee shall be required to reimburse the County for the pro-rated portion of the dues).

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

SECTION 18. PROFESSIONAL TRAINING EXPENSES

A. The County shall provide reimbursement to a maximum of $250.00 per fiscal year to each attorney for professional training and/or professional books, periodicals, subscriptions or computer software. Request for reimbursement shall be submitted to the department head for approval in accordance with the following criteria:

1. The course, seminar, books, periodicals, subscriptions or software must relate directly to the attorney's work assignment.

2. The course or seminar must be sponsored by a bona fide training institution, professional organization or accredited college or university.

3. The request must be received prior to, during or immediately after the period the course or seminar is conducted.

4. The duration or quality of the attorney's work performance with the County of Santa Barbara may be considered at the department head's discretion.

Claims for reimbursement submitted to the Auditor-Controller through the department head for payment shall be accompanied by:

1. Evidence of satisfactory course completion.

2. Receipt for payment of tuition or registration fees or invoice for books, etc.

3. Approved application for tuition reimbursement.
The Auditor-Controller may periodically examine records to assure compliance with the conditions contained herein and with generally accepted auditing standards.

B. In addition to Subsection A above, to the extent funding is available, employees represented by the Association may apply for tuition and textbook reimbursement up to a maximum for regular full-time employees of $250 per fiscal year through the County's Tuition Reimbursement Program and in accordance with existing administrative regulations governing this program. Tuition reimbursement for regular part-time employees shall be prorated based on their part-time percentage.

C. During the term of this 2005-2007 MOU, any portion of the $250 provided in A above remaining unexpended at the end of the first and/or second year of the term may be accumulated for expenditure in the second and/or third year in the manner and for the purposes stated in Paragraph A of this Section.

SECTION 19. DUTY DEPUTY PAY

The District Attorney shall establish and maintain procedures to provide a Duty Deputy Program to make a departmental representative available outside regular office hours. The Duty Deputy Program shall provide for up to two (2) employees at a time to be compensated in accordance with the following:

1. The Duty Deputy assigned by the department head will:

a. Be ready to respond immediately to calls for their services.

b. Be readily reachable by telephone or paging device.

c. Be readily reachable to report to work locations.

d. Refrain from activities which may impair their ability to perform their assigned duties.

2. Compensation shall be at a rate of $450 per pay period and shall be paid in the pay period in which assigned duty deputy.

3. Work time for an employee called to active duty while assigned Duty Deputy status shall not be recognized for additional compensation or accrued for additional time off.

4. No employee shall be paid for duty deputy time and other compensable duty time simultaneously.

SECTION 20. LONG TERM DISABILITY INSURANCE

The County shall provide a Long Term Disability Insurance Plan for all employees represented by the Association. Part-time employees must be employed a minimum of fifty percent (50%) of full-time in order to be eligible for insurance benefits. The County shall cover 100% of the cost of the insurance.

The waiting period for benefit eligibility will be 60 days. The benefit will equal sixty percent of pre-disability earnings up to a maximum monthly benefit in accordance with specific plan provisions and exclusions.

SECTION 21. TERM LIFE INSURANCE

Employees represented by the Association shall be provided with basic Group Term Life Insurance in the amount of $20,000 paid for by the County. The County shall pay the premiums, and the administration of the plan shall be identical to the County sponsored Group Term Life Insurance Plan. Part-time employees must be employed a minimum of fifty percent (50%) of full-time in order to be eligible for insurance benefits.

SECTION 22. 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.

SECTION 23. AUTOMATIC PAYROLL DEPOSIT

All employees covered by this agreement shall participate in the County's automatic payroll deposit program. Participation shall mean the employee's execution of a payroll authorization form and submission of a voided check or savings deposit slip to the Auditor's office. It shall be the employee's choice as to which bank he/she designates as the institution receiving the payroll funds.

When the authorization form is properly executed and filed with the Auditor, the County shall automatically deposit in the employee's designated bank account the net amount of pay each designated biweekly payday.

SECTION 24. PAYROLL SIMPLIFICATION

During the term of this Agreement, the County may reopen negotiations on the issue of payroll simplification and/or modifications in compensation structure precipitated by the implementation of a new human resources and payroll system. If the County reopens negotiations on this subject the proposed changes will not be implemented unless the parties mutually agree.

SECTION 25. LEAVE OF ABSENCE POLICY

During the term of this agreement, the County may reopen negotiations on the issue of a comprehensive leave of absence policy and related changes in terms and conditions of employment.

SECTION 26. RETURN TO WORK

A. Employees who are unable to perform their regular duties due to injury or illness may be provided a temporary duty assignment in accordance with the Back to Work Policy.

B. An employee who has returned to work from a work-related injury or illness (either in the Back To Work program or to his/her regular work assignment) will be granted paid leave not chargeable to the employee’s accrued leave balances to attend medical appointments specifically related to the work-related injury or illness.

SECTION 27. NO STRIKE CLAUSE

Employees represented by the Association shall not take part in any strike, work action, or other concerted activity of any kind which will result in curtailing or restricting County services during the term of this agreement, and until negotiation and impasse procedure obligations in connection with a successor agreement are exhausted.

The Association agrees not to sanction, encourage, or support any such strikes, work actions, or other concerted activity.

The term "strike, work action or other concerted activity" means any concerted failure to report for duty, any concerted absence from position (including sympathy strikes), any concerted stoppage of work, any concerted slowdown, sickout, refusal or work, interruption, call-in or failure in whole or in part to carry out the full, faithful, and proper performance of the duties of employment. The term "strike, work action, or other concerted activity" also means any participation in an action curtailing or restricting the operation of the County for the purposes of inducing, influencing, or coercing a change in the working conditions, compensation, and rights, privileges, and obligations of employment.

In the event that a strike, work action or other concerted activity occurs in violation of this agreement, the Association shall, on written notice by the County, issue a statement addressed to the employees, a copy of which shall be delivered to the County, declaring the strike or other concerted activity not sanctioned, unlawful, and directing them to immediately return to work, or cease and desist.

In the event any employee covered under this agreement violates the terms of the No Strike provision, the County retains the right to discharge or otherwise discipline any such employee.

SECTION 28. CONCLUSIVENESS OF AGREEMENT

A. The provisions contained in the Agreement shall prevail over County practices and procedures and over State laws to the extent permitted by State law.

B. The Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understandings or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety.

C. This Section does not apply to the County's Civil Service System or the rules adopted to administer the Civil Service System.

SECTION 29. SAVINGS CLAUSE

Should any provision of this agreement be held inoperative, void or invalid by any court of competent jurisdiction, the remaining provisions of this agreement shall not be affected thereby, and the parties shall meet and confer for the sole purpose of arriving at a mutually satisfactory replacement of such provision.

SECTION 30. OBLIGATION TO MEET AND WAIVER CLAUSE

Except as otherwise expressly provided in this agreement or where the parties mutually agree to meet and confer on the matter, the County and the Association expressly waive and relinquish the right, during the term of this Memorandum to meet and confer with respect to the renegotiation, alteration or change of any Section or any part, term, condition or language thereof, in this instant Agreement.

In the event any new practice, subject or matter arises during the term of this agreement (e.g., a new statutory or regulatory mandate, or an issue not covered by the provisions of this agreement), that is within the scope of bargaining, and an action is proposed by the County, the Association shall be afforded all possible advance notice and shall have the right to meet and confer upon request. In the absence of agreement on such a proposed action, the County reserves the right to take necessary action by management direction and the Association reserves the right to then take whatever lawful action deemed necessary.

The waiver of any breach of any term or condition of the Memorandum of Understanding by either party shall not constitute a precedent in the future enforcement of all its terms and conditions.

SECTION 31. TERM OF AGREEMENT

The County and the Association agree that this Memorandum of Understanding shall not be binding upon the parties either in whole, or in part, unless and until ratified by the membership of the Association and formally approved by a majority vote of the County Board of Supervisors. This Memorandum of Understanding shall remain in full force and effect to and including October 7, 2007. Either party may serve written notice prior to September 1st to meet and confer concerning possible changes in the provisions of this agreement. It is the intent of the parties to conduct negotiations in such a manner as to reach a new agreement on or before the termination date of this agreement.