MEMORANDUM OF UNDERSTANDING
BETWEEN THE COUNTY OF SANTA BARBARA AND
SANTA BARBARA COUNTY SHERIFF'S MANAGERS ASSOCIATION

SECTION 10. BENEFIT ALLOWANCE

A. The County shall provide each full-time employee a biweekly allowance as provided below, designated as "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. During the term of this agreement the benefit allowance amounts in Paragraph A, above, shall be increased in accordance with the following schedule:

C. 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 11. SICK LEAVE

A. Each regular full-time or regular part- employee shall accrue sick leave at the rate of .0463 hours for each hour in a regular pay or paid leave status, excluding overtime, call back and standby.

B. Employees shall receive eighty (80) hours sick leave accrual upon appointment or such prorated amount for regular part-time employees. An employee entering an Association-represented class from another regular County position shall retain his/her current sick leave balance and shall only receive additional sick leave accrual necessary to provide a balance of eighty (80) hours sick leave.

C. Unused sick leave shall be cumulative from year to year, with no accrual limit.

D. Sick leave may not exceed each employee's accrued sick leave balance reported on the Leave Report at the end of the prior pay period immediately preceding the pay period in which the leave is taken. However, the salary of an exempt employee shall not be subject to reduction because of variations in the quantity of work performed except in accordance with Department of Labor regulations (29 C.F.R. §541.5(d).

E. A department head, or other appropriate authority, 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.

F. When a member of his/her immediate family is seriously ill or injured and requires the employee's presence and attendance, an employee may be allowed by the department head or his/her designee to use up to five days (40 hours) of accumulated sick leave to attend to such family member; provided that not more than five days per year may be allowed for the illness or 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.

G. Up to a maximum of five days (40 hours) of accumulated sick leave may be granted by the appointing authority or his/her designee to an employee for absence from duty because of any and each death in the employee's immediate family.

H. For the purposes of Paragraphs F and G 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.

I. 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 non-remunerated 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.

J. Each regular full-time or regular part-time employee with an Accumulated Unused Sick Leave balance in excess of 240 hours as of September 17, 1978 is eligible for sick leave payoff in accordance with the following provisions. Upon termination of employment from County service by resignation or retirement in good standing, 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 Unused Sick Leave hours between 240 and 960 hours reported as of September 17, 1978 or if less, the hours reported at the time of termination.

K. Any payment made under Paragraph J will be made only once to an employee in his/her work history with the County upon honorable 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.

L. 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 J. no payment shall be made to any employee for unused sick leave accumulated to his/her credit at the time of his termination from County service.

SECTION 12. FAMILY LEAVE

Family care leave benefits are set forth in the County's Administrative Policies and Procedures Manual.

SECTION 13. VACATION

A. For each hour in a regular pay status, excluding overtime, call back and standby, each regular full-time or part-time employee shall accrue vacation based on continuous County service as provided in the chart below:

B. Upon appointment to an Executive Law Enforcement classification (Unit 45), an employee shall receive forty (40) hours of vacation credit if appointed from outside Santa Barbara County government service.

C. Employees appointed after October 31, 1986, from outside Santa Barbara County government service from either a city, county, special district or state government shall receive credit for their prior years of public agency service towards their annual vacation accrual rate if that public agency experience ended within six months of the date of employment.

D. Annual vacation accrual may accumulate up to the Maximum Allowable Accrual provided for in the chart in Paragraph A above.

E. Notwithstanding the provisions of Paragraphs A and D above, an employee absent due to a work-related injury, receiving Workers' Compensation Temporary Disability and unable to take vacation, may accrue vacation above the Maximum Allowable Accrual. Following his/her return to work, the employee shall make every reasonable effort to promptly take vacation in excess of the Maximum Allowable Accrual.

F. Employees may, once during each calendar year and with the approval of the department head, request pay for up to eighty hours of accrued vacation in lieu of vacation time off. Such vacation conversion shall be based on the employee's hourly rate in effect at the time of payment. After the vacation conversion, an employee shall have an accrued vacation balance of at least forty hours. Any cash conversion of accrued vacation approved pursuant to this provision shall be effective no sooner than one year following any previous conversion (i.e., only one conversion is allowed in any twelve month period).

G. An employee is not entitled to use vacation credits or accrual unless or until he/she has been a regular employee for six (6) continuous months. Consequently, a person failing to complete such service receives no payment for vacation credits upon termination. Notwithstanding the above, An Executive employee (Unit 45) may use the vacation credit provided in Paragraph B above immediately upon appointment.

H. No payment in lieu of vacation shall be made to any employee except upon termination of employment or as provided for in Paragraph F and upon proper certification to the Auditor by the department head or appointing authority of such accrual. Terminating employees shall be paid for accumulated vacation as of the date of termination.

I. Vacation shall not include any regular holidays taken during a vacation period.

J. Employees may be required to take vacation with reasonable notice.

K. Vacation usage may not exceed each employee's accrued vacation balance reported on the Leave Report at the end of the prior pay period. However, the salary of an exempt employee shall not be subject to reduction because of variations in the quantity of work performed, except in accordance with Department of Labor regulations (29 C.F.R. §541.5(d)).

L. At the time of appointment in units represented by the Association, employees appointed from outside Santa Barbara County government service from either a city, county, state agency, federal agency or special district, shall receive credit for their prior years’ of public agency service toward their annual vacation accrual rate if that public agency service ended within six months of the date of County employment.

M. In addition to any credit provided for in Paragraph L, above, permanent employees who separate from County service and then return may recoup their past service credit for purposes of vacation accrual under the following conditions:

a. Employees may be absent from County service no more than three consecutive years; and
b. Employees must have left County service in good standing and their last two performance evaluation ratings prior to leaving County service must have been satisfactory or above.

Former service credit, in such cases, shall be combined with the new and current employment, in addition to any received in accordance with Paragraph L, above, in determining the employee’s vacation accrual rates.

SECTION 14. HOLIDAYS

A. Holidays regularly observed by the County of Santa Barbara are:

New Year's Day, January 1
Martin Luther King Jr.'s Birthday, 3rd Monday in January
Lincoln’s Birthday, February 12
Washington's Birthday, 3rd Monday in February
Memorial Day, last Monday in May
Independence Day, July 4
Labor Day, 1st Monday in September
Veteran’s Day, November 11
Thanksgiving Day, 4th Thursday in November
Thanksgiving Day Friday, the day after Thanksgiving
Christmas Day, December 25

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

C. 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.

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

E. 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.

F. 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.

G. 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 his/her regular salary for the day, accrue compensatory holiday time on an hour for hour basis for all hours worked up to eight (8) hours.

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

I. 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.

J. Notwithstanding paragraphs F and G above, employees who work in assignments in which they are routinely required to work holidays, 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 employee is excused from working a regularly scheduled shift on such holiday. Time off on a holiday must be in a whole day increment and shall be full compensation for that holiday.

SECTION 15. LEAVE DONATION

Employees shall be eligible to participate as donors and recipients in the leave donation program, which provides a mechanism for assisting employees who have exhausted paid leave due to a serious or catastrophic illness or injury. This program allows a regular County employee to donate the monetary value of accrued vacation, holiday or overtime hours to a specific, eligible employee who has exhausted his/her own available leave balances. Serious or catastrophic illness or injury is defined as the employee’s own adverse medical condition which requires the employee to be absent from work for more than twenty (20) consecutive work days, or a similarly debilitating illness or injury of the employee’s immediate family member (as defined in Section 11, Paragraph H) requiring the employee’s attendance.

A. To receive leave donations, an employee:

B. Donated leave shall be changed to its cash value at the donor's base rate of pay and then credited to the recipient in equivalent hours of vacation at the recipient's base rate of pay.

C. Donations:

D. An employee may not donate more than eighty (80) hours to any other individual employee.

E. The total donations received into his/her vacation balance by an employee shall normally not exceed 1040 hours; however, donations in excess of 1040 hours may be considered and approved by the recipient's appointing authority.

F. Upon approval of a request for donations, the appointing authority (or his/her designee) shall, at the employee's request, post a notice of the eligible employee's need for donations on departmental bulletin boards accessible to employees; confidential medical information shall not be included in the notice. If the eligible employee is in his/her original probationary period, the notice will include a statement of that fact.

G. Donations shall be administered according to procedures established by the Auditor-Controller, and requested on a form prescribed by the Auditor-Controller. Signed approvals of the receiving and donating employees must be properly provided before a donation is processed.

Donors and hours donated shall be maintained as confidential payroll information.

H. Nothing in this section shall be construed to modify the employment relationship between the County and the receiving employee, or to restrict the County's management rights. Neither shall this section modify existing County rules, policies or agreements regarding unpaid leave of absence or family leave.

SECTION 16. OVERTIME

A. The County shall determine and identify those classifications which are exempt from overtime compensation. The determination shall be in accordance with the requirements of the Fair Labor Standards Act. Classifications which have been designated as exempt shall not receive overtime, 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 for 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 Paragraph B shall mean any of the following:

1. The proclamation of a "local emergency" by the Board of Supervisors or the County Administrator or his/her designee.
2. The proclamation of a "state of emergency" in Santa Barbara County by the Governor.
3. The designation of a "limited local emergency" by the County Administrator or his/her designee. "Limited local emergencies" may be designated in writing by the County Administrator or his/her designee due to significant or lengthy emergency situations in Santa Barbara County, or outside the County during mutual aid responses, that require ongoing staff support.

D. Regular full-time employees who are authorized to work in "outside employment/voluntary duty" assignments in addition to their regular designated work period shall be compensated at one and one half times the employee's regular rate of pay. Overtime hours earned shall not be banked for compensation at any later date in either pay or time off.

Hours worked in this authorized employment shall not accrue toward "hours worked" in determining an employee's eligibility for overtime in accordance with Paragraph B above.