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

SECTION 17. ADMINISTRATIVE LEAVE

Employees in classifications exempt from overtime compensation are eligible for administrative leave in accordance with the following provisions:

A. Purpose. Salaried employees are compensated for meeting the requirements and performing the duties of their job regardless of the number or scheduling of hours worked. Such employees may be required periodically or routinely to work long or irregular hours, and to attend various meetings and functions outside of normal “business hours” to fulfill their responsibilities.

Due to standards of public accountability and the resulting need for all employees to account for all time for which they are compensated, the County has created a vehicle to record paid time off not charged to accrued leave balances when a salaried employee occasionally works less than his/her regular schedule. The paid time off is called administrative leave. The purpose of administrative leave is to provide a process for authorized leave time to record amounts to be paid to salaried employees when their pay period total regular hours plus any use of vacation, holiday or sick leave is less than their normal schedule (e.g. 80 hours for full-time employees.)

B. Approval Required. Salaried employees do not have a right to administrative leave. This leave is not an entitlement, is not related to hours worked nor is it subject to accrual or payment for unused leave. Use is completely discretionary, upon approval of the department head. Department heads may approve administrative leave in recognition of extraordinary work assignments, excessive work time beyond normal work schedules or to reward outstanding individual performance.

C. Procedure. Salaried employees, after having recorded any regular, sick leave, holiday and/or vacation taken as appropriate in a pay period, may use administrative leave with the approval of their department head. The department head may grant a salaried employee up to 108 hours of administrative leave per payroll year. The County Executive Officer may approve additional administrative leave upon the written request of the department head.

SECTION 18. EDUCATION INCENTIVE ALLOWANCE

A. Employees possessing a valid Management certificate issued by the California State Commission on Peace Officer Standards and Training shall receive a five percent (5%) education allowance. However, employees possessing a Master’s degree in a field of education designated and approved by the Human Resources Director and department head shall be eligible for the 5% allowance upon completion of the P.O.S.T. management course. Employees possessing both a Master’s degree and a Management P.O.S.T. certificate shall receive only one 5% education allowance.

B. In lieu of possession of a P.O.S.T. management certificate, employees in the classifications of Sheriff's Corrections Lieutenant and Sheriff’s Corrections Commander shall be eligible for this allowance upon attainment of the following qualifications:

1. Possession of the Certified Jail Manager designation issued by the American Jail Association and Jail Manager Classification Commission; or
2. The following combination of experience, education and training:
• Two years experience in a County law enforcement management classification;
• Graduation from an accredited college or university with an Associate or Bachelor degree in a field of education designated and approved by the Human Resources Director and department head; and
• An additional forty hours of training in law enforcement management as approved by the Human Resources Director and department head.

SECTION 19. BILINGUAL ALLOWANCE

An employee whose duty assignment requires regular and frequent use of bilingual language skills in Spanish and English, shall be eligible to receive a bilingual allowance upon designation by the department head in writing to the Human Resources Director. The amount of the allowance for full-time employees shall be $30.00 per pay period. The bilingual allowance shall be prorated for part-time employees.

As used in this section, 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.

SECTION 20. UNIFORM ALLOWANCE

A. Employees in Sheriff's classifications who are required to maintain and wear uniforms on a regular basis (i.e., the majority of work days) shall receive an annual uniform allowance of $825.00 per year, which includes reimbursement for costs associated with purchase and maintenance of bullet-proof vests. The uniform allowance shall be received in equal biweekly payments.

B. Employees in Sheriff's classifications who are required to maintain and wear uniforms on an occasional basis shall receive an annual uniform allowance of $525.00 per year, which includes reimbursement for costs associated with purchase and maintenance of bullet-proof vests. The uniform allowance shall be received in equal biweekly payments.

C. Employees not required to wear uniforms shall not receive a uniform allowance.

SECTION 21. TUITION AND TEXTBOOK REIMBURSEMENT

To the extent funding is available, employees shall be eligible for tuition and textbook reimbursement up to a maximum of $500 per fiscal year and in accordance with administrative regulations governing this program. Tuition reimbursement for regular, part-time employees shall be prorated based on their part-time percentage.

SECTION 22. MILEAGE REIMBURSEMENT

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.

SECTION 23. RETIREMENT

A. The County offers the following retirement plans:
1. Safety Member Employees Hired Before October 10, 1994
Safety Plan 4A

2. Safety Member Employees Hired On or After October 10, 1994
Safety Plan 4B

B. The County may adjust the employee contribution rates to the Retirement System when such adjustments are based on an Actuary Report, recommended by the Retirement Board and approved by the Board of Supervisors. The effective dates of rate adjustments shall be in accordance with the applicable provisions of the County Employees Retirement Law of 1937.

C. The County shall pay up to $80.40 biweekly of a full-time employee's biweekly contributions to the Retirement System in accordance with Government Code Sections 31630 and 31639.85. Part-time employees shall receive a prorated equivalent.

D. Effective July 3, 2006, retirement benefits for safety member employees hired on or after October 10, 1994, and in Retirement Plan 4B shall be modified as follows. Employee rates shall be converted from “full rates” to “half rates” and the Final Average Salary period shall be modified from one year to three years. These modifications shall apply to all past and future safety service.

E. Effective February 25, 2008, safety member employees represented by the Association shall be converted to a 3% at age 50 benefit formula. This formula shall apply to all past and future safety service.

SECTION 24. 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 25. AUTOMATIC PAYROLL DEPOSIT

All employees 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 26. 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 27. 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.

SECTION 28. 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 29. 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 restricting, or interfering with County services.

The Association agrees not to 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, sick-out, 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 an action interfering with 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 return to work or cease and desist.

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 Association expressly waives and relinquishes 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.

SECTION 31. 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 32. 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 33. RENEGOTIATION

Either County or Association may serve notice to meet and confer concerning possible changes in the provisions of this agreement. Such notice shall be submitted in writing sixty days prior to the termination date 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. If either party timely serves notice to meet and confer, the first negotiating session shall not commence earlier than sixty days or less than thirty days prior to the termination date of this agreement, unless the parties mutually agree otherwise.

SECTION 34. TERM OF AGREEMENT

This Memorandum of Understanding shall continue in effect up to and including April 19, 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 this Memorandum of Understanding conflict with the provisions of 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 approved by the Sheriff's Managers Association and formally approved by the majority of the County Board of Supervisors.