MEMORANDUM OF UNDERSTANDING
BETWEEN THE COUNTY OF SANTA BARBARA AND
SANTA BARBARA COUNTY DEPUTY SHERIFFS' ASSOCIATION

SECTION 33. Special Duty Assignments

The Sheriff's Department agrees to conform to the following procedure when selecting personnel for Deputy II and Correction Officer II assignments:

1. Notice of vacant Deputy II and Correction Officer II assignments shall be posted at all stations for 10 days prior to filling of the position. The notice of vacancy shall contain the required qualifications for the position, the criteria to be used to select a list of eligible candidates, and the personnel to be involved in the Division Commander's recommendation.

2. The Division Commander's recommendation(s) shall be routed to his/her Chief Deputy.

3. The Chief Deputy shall, at his/her sole discretion, select the Deputy for the assignment.

SECTION 34. 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. Part-time employees must be employed a minimum of fifty percent (50%) of full-time in order to be eligible for insurance benefits.

SECTION 35. 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 36. 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 37. 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. If the County reopens negotiations on this subject, the proposed changes will not be implemented unless the parties mutually agree.

SECTION 38. 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 39. Back to Work Program

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 40. Grievance Procedure

A. Definition

A grievance shall be defined as a claim by an employee or group of employees of an alleged violation, misinterpretation or misapplication of this Memorandum of Understanding, written County ordinances, rules, regulations, policies or procedures or any other written agreement between the parties applicable to the employee, except for those issues that provide their own means of administrative or judicial review such as, but not limited to, Civil Service Commission, Workers' Compensation, Occupational Safety and Health Act, Affirmative Action, Fair Employment Practice Commission, Equal Employment Opportunity Commission and Retirement Board matters.

B. Basic Rules

1. Any employee, employee group or recognized employee organization, as those terms are defined in the Santa Barbara County Employee Relations Policy, may file a grievance without fear of reprisal.

2. The grievant or his/her representative shall be granted reasonable use of County time and facilities in the processing of his/her grievance.

3. Failure by a grievant to file an appeal within the specified time limits, unless extended, constitutes an abandonment of the grievance.

4. Time limits may be extended by mutual consent, in writing.

5. Formal grievance forms shall be made available to the employee through the County departments, the Personnel Office and the recognized employee organizations. Forms should be as complete as possible before filing.

6. Persons responsible for the scheduling of meetings and conferences shall give timely, written notices of such meetings and conferences to all parties concerned.

7. Two or more employees with a common grievance may initiate a single proceeding.

8. The employee is entitled to representation of his/her choice at any stage of the grievance procedure.

9. At any step in the grievance procedure, the employee or management, or both, may consult with the Personnel Officer for clarification of the issue involved.

10. At any stage of the grievance, the employee may withdraw the complaint by affixing his/her signature in the proper space on the Personnel Department's copy of the grievance form, which shall then become a permanent part of the Personnel Department's records.

If the employee receives a satisfactory answer to his/her grievance, then the matter will be closed. If the employee subsequently desires to reopen the grievance, he/she must initiate it at the beginning of the grievance procedure.

C. Procedure

1. Step 1 - Informal Discussion with Supervisor

Employee discusses his/her allegation of a grievance with his/her immediate supervisor on an informal basis within ten (10) calendar days from the date of the action causing the grievance, or date of discovery of such action, except that in no event shall any grievance be accepted for consideration more than one (1) year from the action claimed as its basis, regardless of the date of discovery. Within seven working days, the immediate supervisor shall give his/her decision to the employee. If the decision is not satisfactory to the employee, or if no answer is received within the time limit, the employee may initiate a formal grievance.

2. Step 2 - Written Grievance

Employee initiates the formal grievance by completing the formal grievance form and submitting the grievance to his/her immediate supervisor within seven (7) working days after receipt of the supervisor's informal response. The employee shall also file a copy of the grievance with the Personnel Department. The immediate supervisor shall, within seven working days, deliver an answer, in writing, to the employee. If the answer does not satisfy the employee, or is not forthcoming within seven working days of the time of filing, the employee may initiate Step 3 of the grievance procedure.

3. Step 3 -

a. Sheriff’s Department - Review by Division Commander

The employee initiates Step 3 by filing an appeal, in writing, with the division commander within seven (7) working days from receipt of the supervisor’s written response. The division commander shall, within ten (10) working days of the receipt of the appeal, deliver an answer, in writing, to the employee. If the employee is not satisfied with the answer or does not receive an answer within ten working days, he/she may initiate Step 4.

b. District Attorney’s Office - Review by Chief Criminal Investigator

The employee initiates Step 3 by filing an appeal, in writing, with the chief criminal investigator within seven (7) working days from receipt of the supervisor’s written response. The chief criminal investigator shall, within ten (10) working days of the receipt of the appeal, deliver an answer, in writing, to the employee. If the employee is not satisfied with the answer or does not receive an answer within ten working days, he/she may initiate Step 5.

4. Step 4 - Review by Chief Deputy

The employee initiates Step 4 by filing an appeal, in writing, with the chief deputy within seven (7) working days from receipt of the division commander’s written response. The chief deputy shall, within ten (10) working days of the receipt of the appeal, deliver an answer, in writing, to the employee. If the employee is not satisfied with the answer or does not receive an answer within ten working days, he/she may initiate Step 5.

5. Step 5- Review by Department Head

The employee initiates Step 5 by filing an appeal, in writing, with the department head within seven (7) working days from receipt of the chief deputy’s or chief criminal investigator’s written response. The department head shall, within ten working days of the receipt of the appeal, deliver an answer, in writing, to the employee. If the employee is not satisfied with the answer or does not receive an answer within ten working days, he/she may initiate Step 6.

6. Step 6 - County Administrator

The employee may initiate Step 6 by filing an appeal, in writing, with the County Administrator within seven (7) working days from receipt of the department head's response. The County Administrator may elect to utilize the services of the Personnel Officer in answering the grievance. The County Administrator shall, within ten working days of the receipt of the appeal, deliver an answer to the employee, in writing. If the employee is not satisfied with the answer, or has not received an answer within ten working days of the filing of the appeal, he/she may initiate Step 7.

7. Step7- Board of Supervisors' Final Decision

The employee may initiate Step 7 by filing an appeal, in writing, with the County Board of Supervisors and the County Administrator within ten (10) working days from receipt of the County Administrator's response. Both the County Administrator and the grievant or his/her representative may make their presentations to the Board of Supervisors at executive session. The Board of Supervisors shall deliberate the grievance and, within a reasonable period of time, shall arrive at a decision which shall be final and binding.

SECTION 41. Productivity

The parties to this agreement support the concept of high performance and high productivity in order to provide a high level of service to the community at a reasonable cost. The parties agree to reasonably support changes initiated by Management which are intended to increase the efficiency or effectiveness of County operations.

SECTION 42. No Strike Clause

Employees represented by the Association shall not take part in any strike, work actions, or other concerted activity of any kind which will result in curtailing, restricting or interfering with the work of the Sheriff's Department or other County services.

The Association shall not sanction, encourage, or support any 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, any concerted stoppage of work, any concerted slowdown, sickout, refusal to 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, concerted activity" also means any participation in any action interfering with the operation of the Sheriff's Department of the County for the purposes of inducing, influencing, or coercing a change in the working conditions, compensation and rights, privileges, and obligations of the employment.

In the event that a strike, work action, or other concerted activity occurs in violation of the section, 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 return to work or cease and desist.

SECTION 43 Conclusiveness of Agreement

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

B. This Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any inconsistent 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 to the rules adopted to administer the Civil Service System.

SECTION 44. 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 any subject or matter, including mandatory subjects of negotiation, whether referred to or covered in this agreement, even though such subjects or matter was proposed and later withdrawn.

In the event any new practice, subject or matter arises during the term 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 this Memorandum of Understanding by either party shall not constitute a precedent in the future enforcement of all its terms and conditions.

SECTION 45. Severability Clause

Should any provision of this Agreement be found to be inoperative, void or invalid by a court of competent jurisdiction, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement, it being the intention of the parties that no portion of this Agreement or provision herein shall become inoperative or fail by reason of the invalidity of any other portion or provision.

SECTION 46. Renegotiation

Either County or Association may serve notice to meet and confer concerning the provision or for a new 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. If either party timely serves notice to meet and confer, the first negotiating session shall not commence earlier than sixty days nor less than thirty days prior to the termination date of the Agreement, unless the parties mutually agree otherwise.

SECTION 47. Term of Agreement

This Memorandum of Understanding shall continue in effect to and including February 22, 2009. It is the intent of the parties that this Memorandum of Understanding be administered in its entirety in good faith during its full term.

To the extent that the provisions of the Memorandum of Understanding conflict with the provisions of ordinances, resolutions or Minute Orders previously adopted by the Board of Supervisors, the provisions contained herein shall prevail.

The County and Association agree that this Memorandum of Understanding shall not be binding upon the parties unless and until ratified by the Santa Barbara County Deputy Sheriffs' Association and formally approved by a majority of the County Board of Supervisors.