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MEMORANDUM
OF UNDERSTANDING
BETWEEN THE COUNTY OF SANTA BARBARA AND
SANTA BARBARA COUNTY DEPUTY SHERIFFS' ASSOCIATION
SECTION 1. Purpose
This Memorandum of Understanding is hereby entered
into between the County of Santa Barbara, (hereinafter
referred to as the "County"), and the Santa
Barbara County Deputy Sheriffs' Association, (hereinafter
referred to as the "Association"). It is the
general purpose of this Memorandum of Understanding
to promote the mutual interest of the County and its
employees and to establish rates of pay, and certain
other terms and conditions of employment.
SECTION 2. Recognition
The County hereby recognizes the Association as the
majority bargaining representative for the employees
in the following representation units:
A. Law Enforcement Non-Supervisory
Communications Dispatcher I
Communications Dispatcher II
Criminal Investigator I
Criminal Investigator II
Sheriff's Correction Officer
Sheriff's Deputy, Trainee
Sheriff's Deputy
Welfare Fraud Investigator
Welfare Fraud Investigator, Senior
B. Law Enforcement Supervisory
Communications Dispatcher, Supervising
Criminal Investigator, Senior
Sheriff's Correction Sergeant
Sheriff's Sergeant
The term "Employee" or "Employees"
as used herein shall refer to individuals employed by
the County in regular positions (excluding temporary,
extra-help employees) as well as such employees in classifications
that are added to the above representation units hereafter
through the provisions of the County Employer-Employee
Relations Resolution or applicable State law.
SECTION 3. Association
Security
A. The County shall deduct membership
dues and insurance premiums from employees in the above-mentioned
representation units when such deductions have been
authorized in writing by the individual employee on
a form acceptable to the Auditor-Controller and shall
transmit such deductions to the Association.
B. Each pay period the County shall
provide the Association with a membership dues checkoff
list and list of insurance premiums deducted. Said lists
shall be without cost to the Association.
C. An employee who is a member of
the Association's bargaining team and who attends the
regular scheduled bargaining sessions between the County
and the Association shall receive release time or flex
time conditioned on the following:
1. Release Time: Means the release
from regularly scheduled duty to attend with pay a bargaining
session between the County and the Association's bargaining
team during on-duty time. Release time is time worked.
2. Flex Time: Means the release from
duty before the end of a shift, or permission to report
late to start a shift. Any such scheduled flex time
shall be for a specific number of hours which have been
approved by the watch commander, or station supervisor,
and specifically marked on time cards as negotiation
flex time. Leave balances or a schedule adjustment may
be used for this purpose.
3. Hours Eligible for Release Time
or Flex Time: Means only those hours scheduled and actually
spent in bargaining sessions between the County and
the Association on days the Association member is scheduled
to work. Hours spent in negotiations in excess of the
number the employee was scheduled to work that day,
or hours spent in negotiations on a non-duty day, shall
not be counted for pay purposes or as hours worked.
4. DSA bargaining team members shall
notify their supervisors of the scheduled time, date
and place of the bargaining session between the County
and the DSA at least 72 hours in advance, or as soon
as a session is scheduled if less than 72 hours.
Scheduled on-duty personnel will be expected to report
for duty prior to a scheduled negotiation session unless
the start of the shift is the same as the scheduled
start of the negotiation session, or later. On-duty
personnel shall report for duty after the end of a bargaining
session unless the bargaining session exceeds the scheduled
duty day. The bargaining session shall be deemed ended
when either the County or DSA indicates the meeting
is over.
A team member or alternate who is scheduled to work
graveyard shall be given the opportunity to leave the
shift early before the scheduled meeting or check in
late for the shift following the bargaining session
provided the flex hours are scheduled in advance. If
flex time is denied, alternate scheduling may be granted
with the approval of the Division Commander.
D. The County shall provide an aggregate
of up to ten days off without pay for Association officers
to attend seminars or conduct Association business.
Such leave without pay must be scheduled and approved
in advance by the department head or his/her designated
representative. The department retains the right to
deny a leave or cancel a leave when such leave will
result in an uncovered work assignment or cause overtime.
SECTION 4. County Rights
A. The County retains, among other
management rights, the exclusive right to determine
the methods, means, and personnel by which County government
operations are to be conducted, as well as to exercise
complete control and discretion over its organization,
operations, and technology of performing its work; to
determine the mission, function, and necessity of all
or part of each of its constituent departments, boards,
and commissions and take all necessary actions to carry
out their mission, functions and necessity, or any part
thereof, as well as set standards of service to the
public.
B. It also retains the sole right
to administer the Civil Service system, to classify
or reclassify positions, add or delete positions or
classes to or from the Salary Resolution; to establish
standards for employment, promotion, and transfer of
employees; to direct its employees, establish rules
and regulations, take disciplinary action for proper
cause, to establish work schedules and work assignments,
and to relieve its employees from duty for lack of work
or other legitimate reasons. The County retains the
right to be the sole judge, subject to its Civil Service
Rules and Procedures, of the qualification and competence
of its officers and employees.
C. The County reserves the right
to take whatever action may be necessary in an emergency
situation; however, the Association shall be notified
promptly of any such emergency action which affects
matters within the scope of representation.
D. In the event any new practice,
subject or matter arises during the term of this agreement
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 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.
SECTION 5. Salaries
A. Salaries for Communications Dispatcher
I, II and Supervising shall be increased in accordance
with the following schedule:
| February 27, 2006 |
2.0% |
| February 26, 2007 |
3.5% |
| February 25, 2008 |
3.5% |
B. Salaries for the following classifications
shall receive salary equity adjustments according to
the schedule shown below:
1. Effective February 27, 2006:
| Corrections Officer/Sergeant |
5.0% |
| Criminal Investigator I/II/Sr. |
2.0% |
| Welfare Fraud Investigator/Sr. |
3.0% |
2. Effective February 26, 2007:
| Corrections Officer/Sergeant |
5.0% |
| Criminal Investigator I/II/Sr. |
2.0% |
| Welfare Fraud Investigator/Sr. |
3.0% |
3. Effective February 25, 2008:
| Corrections Officer/Sergeant |
4.0% |
| Criminal Investigator I/II/Sr. |
2.0% |
| Welfare Fraud Investigator/Sr. |
3.0% |
C. Effective February 25, 2008, the
County shall provide funding in the amount of $1,500,000
to address inequities in Sheriff’s Deputy and
Sheriff’s Sergeant classifications.
D. During the term of this agreement,
but no sooner than October 2007, either party may request
to reopen salary negotiations for the purpose of evaluating
the position of salaries for classifications represented
by the DSA in relation to the relevant external market
and consider the need for adjustment.
SECTION 6. Medical and
Dental Coverage
A. For new employees, medical and dental
coverage benefits under this Section shall be effective
at the beginning of the month that immediately follows
the employee’s first pay period of employment
in a regular position. Part-time employees must be employed
a minimum of fifty percent (50%) of full-time in order
to be eligible for insurance benefits.
B. The County shall contribute up
to $105.19 biweekly toward the cost of the biweekly
premium for employee-only medical plan coverage. The
County shall contribute up to $12.32 biweekly toward
the cost of the biweekly premium for employee-only dental
plan coverage. These contributions are based on full-time
employment; part-time employees shall receive a prorated
contribution based on their percentage of full-time
employment. Insurance plan premiums that exceed the
County's biweekly contribution shall be paid by the
employee through payroll deductions. During the term
of this agreement, the County shall pay 100% (pro-rated
for part-time employees) of the least expensive HMO
employee-only premiums.
Employees may select coverage from the following options:
Medical *
| • |
PPO Medical Plan |
| • |
HMO Medical Plan(s) |
| • |
Point of Service Medical Plan |
| |
* All medical plans include employee assistance
program coverage. |
Dental
| • |
PPO Dental Plan |
| • |
HMO Dental Plan |
C. Annually during the term of this
agreement, the County shall allocate additional funds
in the amounts shown below to offset the cost of employee
and/or dependent health insurance.
| Effective
date |
Unitwide increase
in County payment |
| Date to
be determined in 2005 |
$467,455 |
| July 3,
2006 |
$389,545 |
| July 2,
2007 |
$467,455 |
| June 30,
2008 |
$467,455 |
The parties will jointly determine how the funds will
be allocated each year (to employee-only contribution,
contribution toward dependent coverage, benefit allowance,
and/or other form of payment).
D. Employees may insure their eligible
dependents (including registered domestic partners as
defined below) under the medical and dental plans listed
above in accordance with the rules and regulations applicable
to obtaining said dependent coverage.
E. The County's Group Health Committee
will include two employee representatives. Such representatives
shall be selected from the County's recognized employee
organizations. Employee representatives shall serve
a two year term although this does not preclude representatives
from serving consecutive terms. Employee representatives
shall receive reasonable release time to attend committee
meetings.
Except as indicated above, the administration of the
committee shall be governed by the preexisting Board
resolution(s) and the committee members themselves.
The Human Resources Director shall act as the coordinator
for committee.
F. If two regular County employees
are either (a) married to each other or (b) registered
as domestic partners as specified below, and are both
eligible for a contribution from the County toward employee-only
medical and dental coverage, they may consolidate the
County contributions toward the premium cost for "employee
plus dependents” coverage held by one of the employees.
In this situation, one employee (referred to below as
the "spouse or partner") becomes a dependent
on the other employee's (referred to below as the "primary
employee") medical and dental coverage.
In order to be eligible under this provision, all of
the following conditions must be met:
| • |
Both employees are covered by the same medical
and dental plan; |
| • |
The spouse or partner is insured as a dependent
on the primary employee's medical and dental plan
insurance; |
| • |
The spouse or partner has waived employee-only
coverage; |
| • |
Both employees have authorized the consolidation
of contributions on a form prescribed by the Human
Resources Director. |
| • |
In the case of domestic partnerships, the employees
must be so registered with a domestic partner registry
maintained by a California city, county, the State
of California, or a public jurisdiction in another
state provided the affected employee(s) sign the
County’s Declaration of Domestic Partnership
form. Employees registering as domestic partners
shall be responsible for all tax consequences of
this benefit. |
The amount of the consolidated contributions shall
be that amount which would otherwise be contributed
by the County toward the employee's and the spouse's
or partner’s employee-only premiums for the respective
medical and dental plans less the cost for participation
by the spouse or partner in the Employee Assistance
Program and the County’s healthcare advocacy program.
The appropriate contributions shall be made by the respective
departments employing each employee.
SECTION 7. Health Insurance
Benefits During Medical Leave of Absence
Employees who are placed on a leave of absence resulting
from a medical condition including injury, illness,
pregnancy or childbirth shall receive the County contribution
toward health plan coverage for a leave period up to
eighteen (18) months. Premium amounts exceeding the
County contribution and for dependents shall be the
responsibility of the employee during the leave period.
If an employee has paid leave accruals in excess of
eighteen (18) months at the start of the leave, the
County will continue to make its contribution toward
health coverage while paid leave is being used and until
such time as the paid leave is exhausted.
SECTION 8. Flexible Spending
Account Plan
A. All full- and part-time employees
in Association represented classifications shall be
eligible to participate in the County sponsored Flexible
Spending Account Plan.
The Flexible Spending Account Plan will include the
following salary reduction options:
1. Pre-Tax Health Insurance Premium Option - for employees
and their dependents;
2. Pre-Tax Health Care Spending Account Option;
3. Pre-Tax Dependent Care Spending Account Option;
4. Pre-Tax Life Insurance Premium Option;
5. Pre-Tax Personal Accident Insurance Program.
These options are described in detail in the Flexible
Spending Plan Legal Document which is available to all
employee organizations. Compensation received in accordance
with Section 9 (Benefit Allowance) may be used by employees
to fund the options described above. All salary reduction
amounts are included in base salaries for the purpose
of computing retirement earnings and are subject to
appropriate Internal Revenue Service regulations.
The County shall meet and confer with the Association
prior to revising the benefit options.
B. Benefits selected under this plan
cannot be changed during the plan year except for a
change in family status consistent with the benefit
change. Enrollment in the plan shall be offered on an
annual basis at the beginning of the plan year. New
employees may enroll within the first thirty (30) days
of employment. Continued operation of the program shall
be subject to County administrative procedures.
SECTION 9. Benefit Allowance
A. The County shall contribute $157.50
per pay period per full-time employee as a benefit allowance.
Regular part-time employees are eligible for this allowance
based on a prorated equivalent of their employment status.
The benefit allowance, which is received in cash, has
a primary purpose of allowing employees to fund employee
and dependent health insurance costs. Employees may
also use the allowance to fund options in the Flexible
Spending Account Plan and/or receive the remainder in
cash.
B. This allowance will be paid on
a biweekly basis to each regular employee based on the
prorated number of non-premium hours paid in a pay period.
SECTION 10. Sick Leave
A. Each regular full-time or regular
part-time employee shall accrue sick leave at the rate
of .0463 hours for each hour in a regular pay status
excluding overtime, call-back and stand-by duty.
B. Unused sick leave shall be cumulative
from year to year, with no accrual limit.
C. Sick leave usage may not exceed
the employee's accrued sick leave balance reported at
the end of the pay period immediately preceding the
pay period in which the leave is taken.
D. A department head may require
evidence in the form of a physician's certificate, or
otherwise, of the adequacy of the reason for any employee's
absence during the time for which sick leave was requested.
Under no circumstances is sick leave to be used in lieu
of, in addition to, or as vacation. The Auditor may
require a physician's certificate from the department
in order to determine correctness of payroll records.
E. When a member of his/her immediate
family is seriously ill or injured and requires his/her
presence and attendance, an employee may be allowed
by the appointing authority to use up to five days (40
hours) of his/her accumulated sick leave to attend such
family member; provided, that not more than five days
per year may be allowed for the illness of injury of
any one member of the employee's immediate family. However,
subject to department head approval, an employee may
exceed the five day limit to care for an immediate family
member who has a catastrophic or life threatening illness
or injury as verified by a physician’s statement.
F. Up to a maximum of five days (40
hours) of his/her accumulated sick leave may be allowed
by the appointing authority to an employee for absence
from duty because of any and each death in his/her immediate
family.
G. For the purposes of Paragraphs
E and F above, "immediate family" is defined
as husband, wife, parent, brother, sister, child, grandparent,
grandchild, and mother-in-law or father-in-law of the
employee.
H. An employee may, when necessary
and at the discretion of the department head, be granted
up to two hours leave with pay to make voluntary nonremunerated
blood donations to non-profit blood banks in the county.
Time off in excess of two hours and up to an additional
two hours may be used for this purpose, but such additional
time off shall be charged to accumulated sick leave.
Leave for the purpose of donating blood shall not exceed
five times in any one calendar year.
I. Each regular full-time or regular
part-time employee with Accumulated Unused Sick Leave
balances in excess of 240 hours as of September 17,
1978, will be eligible for sick leave pay off. Upon
termination of employment from county services, 50%
of the value of the Eligible Accumulated Unused Sick
Leave hours will be paid at the employee's hourly rate
in effect as of September 17, 1978. Eligible Accumulated
Sick Leave hours are defined as the Accumulated Sick
Leave Hours between 240 hours and 960 hours reported
as of September 17, 1978, or if less, then hours reported
at the time of termination.
J. Any payment made under Paragraph
I above will be made only once to an employee in his/her
work history with the County upon termination of employment.
If an employee is subsequently rehired in the service
of the County, incentive payment for Unused Sick Leave
will not be applicable, and previous balances paid off
upon termination will not be restored.
K. Except upon Layoff in accordance
with Civil Service Rule XI, termination of County employment
shall abrogate all sick leave accrued to the time of
such termination, regardless of whether such person
subsequently re-enters county employment or service.
Except as provided in Paragraph I, no payment shall
be made to any employee for unused sick leave accumulated
to his/her credit at the time of termination from county
service.
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