MEMORANDUM OF UNDERSTANDING BETWEEN
COUNTY OF SANTA BARBARA AND
THE ENGINEERS AND TECHNICIANS ASSOCIATION

ARTICLE 20. BILINGUAL ALLOWANCE

Section 20.1
An employee, whose duty assignments require regular and frequent use of bilingual language skills in English and Spanish, 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 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.

Section 20.2
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 to bilingual duties, the bilingual allowance shall be prorated and paid on the same basis that the part-time position is filled and compensated.

Section 20.3
As used in Section 20.1 above, the phrase "regular and frequent" means at least once each working day, or at least 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 Spanish, occasional or incidental use of language skills in Spanish 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.

ARTICLE 21. HOLIDAYS

Section 21.1

Holidays regularly observed by the County for employees represented by this agreement are:

New Year's Day, January 1
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, 4th Friday in November
Christmas Day, December 25
Two (2) Floating Holidays (see Section 21.2 below)

Section 21.2
All regular employees, including probationary employees, in a pay status (including paid leave) for any portion of pay period one each year, shall be credited with sixteen (16) hours holiday leave. Regular part-time employees shall receive a prorated equivalent. 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 Section 21.3 below.

Section 21.3
Holiday leave shall be subject to the approval and/or taken at the direction of the department head or designee.

Section 21.4
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.

Section 21.5
Regular employees leaving county service shall be paid all compensatory holiday time which has accrued but has not been otherwise compensated.

Section 21.6
In the following sections reference to sixteen (16) hours shall apply to regular full-time employees and in the case of regular part-time employee the sixteen (16) hours shall be a prorated equivalent.

Section 21.7
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.

Section 21.8
When a holiday falls on an employee's regularly scheduled day off, the employee shall accrue eight (8) hours of compensatory holiday time.

Section 21.9
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.

Section 21.10
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.

Section 21.11
In order to receive holiday compensation, an employee must be in a paid status on the scheduled work day immediately prior to and/or after the holiday.

Section 21.12
Notwithstanding Section 21.11, neither the first day of employment nor the last day of employment may be a holiday.

Section 21.13
Employees who accrue holiday time shall take the compensatory time during the same payroll year in which the holiday is accrued.

ARTICLE 22. REGISTRATION ALLOWANCE

Employees occupying positions in the classification of Plan Check Engineer and possessing a registration in the State of California as a professional Architect or Civil Engineer, shall be paid 5% higher than their respective basic compensation. This additional sum shall be considered as an allowance separate from basic salary, and shall be payable at the same time as the regular basic salary. The 5% allowance shall also be paid to no more than one employee in the classification of Engineering Technician, Supervising, possessing a registration in the State of California as a professional Land Surveyor.

ARTICLE 23. RETIREMENT

Section 23.1

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 by the Board of Supervisors.

Section 23.2
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.

Section 23.3
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.

Section 23.4
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 23.5
During the term of this agreement, either the County or E.T.A. may reopen negotiations 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.

ARTICLE 24. PROFESSIONAL LICENSE FEES

Employees shall be reimbursed for professional license fees (e.g., registration as professional civil engineer, environmental health specialist, etc.), excluding any portion designated for political purposes, under the following conditions:

1. Possession of the license or certificate must be an ongoing requirement of the position; (a Class C driver license is not reimbursable under this provision);

2. 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);

3. If the employee has paid fees for the current licensing period in advance of the effective date of this Agreement, reimbursement shall be prorated (i.e., reimbursement shall be based on the percentage of the licensing period remaining after the effective date of the Agreement).

4. Beginning in 2009, the County will reimburse employees for reasonable costs of continuing education units required to maintain certification for Environmental Health Specialists and Engineering Geologists if certification is required as a condition of employment. The
County will meet and confer with the union regarding professional license fees and reasonable costs of continuing education for any additional classes which in the future require certification as a condition of employment.

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

ARTICLE 25. TUITION AND TEXTBOOK REIMBURSEMENT

To the extent funding is available, the County shall provide for tuition and textbook reimbursement for regular full-time employees up to a maximum of $500 per fiscal year 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.

ARTICLE 26. JURY DUTY OR WITNESS LEAVE OF ABSENCE

A leave of absence with pay not chargeable to sick leave or vacation shall be granted to an employee who serves on a jury or who is subpoenaed as a non-party witness for a civil or criminal proceeding in a court or administrative tribunal. All fees and perquisites collected by any officer or employee as a juror or a non-party witness shall be paid into the County Treasury in accordance with the procedures presented by the County Auditor-Controller.

ARTICLE 27. SPECIAL EQUIPMENT

The County agrees that if employees are required by the department to purchase special equipment that the cost of such equipment shall be paid for by the County. Any equipment purchased by the County shall be retained as County property.

ARTICLE 28. 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.

The employee's supervisor shall complete the performance evaluation no later than the end of the pay period following the regular employee's anniversary date or the scheduled date of a special evaluation, if such special evaluation has been scheduled. The time period may be extended if the supervisor or the employee is not available or an emergency situation exists.

ARTICLE 29. DEPARTMENTAL REASSIGNMENT

Section 29.1
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.

Section 29.2
Before any bargaining unit member is moved permanently from one location to another, the County shall provide the following notice:

a. change in work site -- five (5) working days notice
b. change in work station -- three (3) working days notice

In addition, the supervisor of the work area shall discuss the impact of the move with the affected employee(s).

ARTICLE 30. CLASSIFICATION STUDY PROCEDURE

Section 30.1
The parties reaffirm that the Human Resources Director retains the sole responsibility and authority for the classification of the various positions in the County service.

Section 30.2
It is the intention of the parties that this section be included only to inform employees of established process and procedures to follow when requesting a classification study on their own behalf.

Section 30.3
The request for a reclassification study by an employee who believes his position is misclassified must be submitted in writing through his department. Within thirty (30) days, the department will either return the request to the employee or forward it on to the Director of Human Resources for his consideration. If the department returns the request to the employee, the employee may request that it be submitted to the Human Resources Department for consideration without the endorsement of the department.

Section 30.4
This section is not in any way modifying Section 418 (salary on temporary assignment out of class) of the rules of the Civil Service Commission.

ARTICLE 31. CIVIL SERVICE RULES

Prior to implementing any modification(s) to the Civil Service Rules, the County shall notify E.T.A. of any such change(s) and provide an opportunity to meet and confer. Any required negotiations regarding the proposed rule change(s) shall be concluded prior to presenting such change(s) to the Board of Supervisors for its determination.

ARTICLE 32. 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.