RESOLUTION OF THE BOARD OF SUPERVISORS
COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA

WHEREAS, the Board of Supervisors recognizes that management and confidential-unrepresented employees must provide effective management and leadership to assure efficient County operations and quality public service; and

WHEREAS, the Board of Supervisors recognizes the greater responsibilities inherent in management and confidential-unrepresented assignments and the extraordinary performance required of management and confidential-unrepresented employees; and

WHEREAS, the Board of Supervisors desires to publish a Management Personnel Benefits Policy whereby benefits to be afforded the management and confidential-unrepresented employees are officially recognized by the Board of Supervisors; and

WHEREAS, by Resolution No. 06-201 the Board of Supervisors set forth the Management Personnel Benefits Policy Resolution for Management and Confidential-Unrepresented Employees; and

WHEREAS, the Board of Supervisors desires to revise this Management Personnel Benefits Policy;

NOW, THEREFORE, BE IT RESOLVED, and it is the finding and determination of the Board of Supervisors as follows:

Resolution No. 06-201 is rescinded effective July 2, 2007, and the Management Personnel Benefits Policy is established as follows for elected officials and employees in the management and confidential-unrepresented groups listed below:

SECTION 1. MEDICAL AND DENTAL BENEFITS

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 $148.11 biweekly toward the cost of the biweekly premium for employee-only medical plan coverage. The County shall contribute up to $12.02 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 prorated contributions 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.

Employees may select coverage from the following options:

Medical*

Dental

C. Employees may insure their eligible dependents (including registered domestic partners as defined in Paragraph E below) under the medical and dental plans listed above in accordance with the rules and regulations applicable to obtaining said dependent coverage.

D. If two regular County employees are either (a) married to each other or (b) registered domestic partners as defined in Paragraph E below, and are both eligible for contributions from the County toward employee-only medical and dental coverage, they may consolidate the County contributions toward the premium cost for "employee plus two or more 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:

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 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.

E. Domestic partners as defined below shall be included as "eligible dependents" pursuant to Paragraph C and shall be eligible for combined health contributions pursuant to Paragraph D, above.

Domestic partners shall be defined as follows:

The employee and his/her domestic partner will be required to declare by affidavit that they meet these requirements in order for the domestic partner to participate in the County's medical and dental health insurance programs. Insurance plans do not cover the children of domestic partners.

SECTION 2. HEALTH INSURANCE BENEFITS DURING MEDICAL LEAVE OF ABSENCE

Employees who are absent from work due to a medical condition including injury, illness, pregnancy and childbirth shall receive the County contribution toward health plan coverage for a leave period up to 18 months. Insurance premiums exceeding the County's 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 3. LONG TERM DISABILITY INSURANCE

The County shall provide a Long Term Disability Insurance Plan for all management and confidential-unrepresented employees.

The waiting period for benefit eligibility will be 60 days. The benefit will equal sixty percent of pre-disability earnings in accordance with specific plan provisions, limitations and exclusions.

SECTION 4. TERM LIFE INSURANCE

Management and confidential-unrepresented employees shall be provided with basic Group Term Life Insurance paid for by the County in accordance with the following schedule:

SECTION 5. FLEXIBLE SPENDING ACCOUNT PLAN

A. All management and confidential-unrepresented employees 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 brochure and in the Legal Plan Document and supplemental materials. Compensation received in accordance with Section 6 (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.

This plan may be amended in the future to revise 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 6. 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. 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 7. STATE DISABILITY INSURANCE (SDI)

Confidential-unrepresented (Unit 32) employees have elected to participate in SDI. Benefits received from SDI shall be integrated with paid leave as follows:

A. All employees eligible for SDI benefits shall use their available sick leave credits to supplement their SDI benefits so that the sum of the SDI benefits and sick leave credits used equals 80% of their gross salary.

B. Employees eligible for SDI benefits may apply with the State of California for approval as soon as possible following the date of their eligibility for SDI benefits. Current eligibility begins on the eighth consecutive calendar day of an extended illness or injury. An employee must apply for SDI when illness or injury causes him/her to miss work for more than twelve consecutive calendar days.

C. When an employee has used all available sick leave credits, (s)he may use any available overtime and/or holiday credits first and vacation second to supplement his/her SDI benefits up to 80% of gross salary.

If during the disability period the employee reaches his/her Maximum Allowable Accrual for vacation, then the employee shall be allowed to use up to forty (40) hours of vacation time, prior to the use of sick leave, overtime and/or holiday credits, in order to supplement his/her SDI benefits up to 80% of gross salary.

D. Employees eligible for Paid Family Leave (PFL) benefits may apply with the State of California. Employees receiving PFL benefits may integrate available sick leave credits to the extent provided in Section 12(E) of this agreement; available overtime and/or holiday credits; and vacation to supplement their PFL benefits up to 100% of gross salary. Available overtime and/or holiday credits shall be used prior to integrating with vacation.

Employees participating in this program are solely responsible for understanding the tax consequences of receiving PFL benefits.

SECTION 8. SICK LEAVE

A. Each regular full-time or regular part-time management or confidential-unrepresented employee (except elected officials) 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. Management and confidential-unrepresented employees (except elected officials) shall receive eighty (80) hours sick leave accrual upon appointment or such prorated amount for regular part-time employees. Employees entering management or confidential-unrepresented classes (except elected officials) from County non-management or non-confidential classes shall retain their current sick leave balances and shall only receive additional sick leave accrual necessary to provide a balance of eighty (80) hours sick leave. Notwithstanding the above, persons who leave County service for reasons other than layoff and are subsequently reappointed within one year of separation are not eligible for sick leave credit under this provision.

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 appointing authority to use up to five days (40 hours) of accumulated sick leave to attend 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. Employees in Fire shift assignments may be allowed to use up to three shifts (72 hours) of accumulated sick leave for this purpose. Subject to department head approval, an employee may exceed the five day (or three shift) limit to care for an immediate family member who has a catastrophic or life threatening illness 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. Employees in Fire shift assignments may be allowed to use up to three shifts (72 hours) of accumulated sick leave for this purpose.

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 his 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 management or confidential-unrepresented 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 credit at the time of his termination from County service.