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

SECTION 13. OVERTIME

Exempt Classifications

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 as otherwise provided or 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 resolution 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 of this Resolution 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.

Non-Exempt Classifications

D. Overtime for non-exempt employees shall be defined as any time worked in excess of forty (40) hours in a seven day work period, exclusive of standby. Overtime shall be authorized in advance by the department head or his/her designee.

E. Overtime work is compensable at the rate of time and one-half the regular rate as computed in accordance with the Fair Labor Standards Act. Hours worked shall accrue in increments of tenths (1/10) of an hour (6 minutes), subject to a minimum of two-tenths (2/10) of an hour (12 minutes).

F. Overtime shall be placed in a Compensatory Overtime account or paid in the pay period in which earned, at the discretion of the department head or his/her designated representative. The maximum allowable balance in the Compensatory Overtime account shall be 240 hours.

G. If an employee wishes to take compensatory time off, it shall be requested at least 48 hours in advance. Denial of a request for compensatory time off is subject to a determination by the department head that it would unduly disrupt the operations of the department. Compensatory Overtime shall be used before any leave-without-pay is granted pursuant to Rule XIV of the Santa Barbara County Civil Service Rule. A direction to take off compensatory overtime by the department head or his designated representative shall be given to the employee at least forty-eight (48) hours before the time off is to be taken.

H. Except upon termination of employment, hours in the Compensatory Overtime account as of the last pay period ending prior to June 30 and December 31 shall be paid off in cash based on the employee's regular hourly rate of pay in effect at the time of payment. Payments for compensatory overtime hours are taxable as lump sum payments in accordance with IRS and State Franchise Tax Board regulations and are subject to withholding as required by law. Overtime earned in the pay period in which a cash payoff is made shall not be included in the automatic payoff of the account balance.

I. Part-time, non-exempt employees who work beyond their regularly scheduled work hours, but less than forty (40) hours in a seven (7) day work period, shall be paid at straight time.

SECTION 14. ADMINISTRATIVE LEAVE

Management and confidential employees in classifications exempt from overtime compensation (except elected officials, but including Fire Battalion Chiefs) are eligible for administrative leave in accordance with the following provisions:

A. Purpose. Management and other 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. This 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 full-time schedule (80 hours).

B. Approval Required. Salaried employees do not have a right to administrative leave. This leave is not an entitlement, it is not related to hours worked nor is subject to accrual or payment for unused leave. Use is completely discretionary, upon the 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.

Department heads may approve their own use as well as that of their staff, unless otherwise directed by the County Administrator.

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 Administrator may approve additional administrative leave upon the written request of the Department Head.

SECTION 15. RETIREMENT

A. The County offers the following retirement plans:

1. General Member Employees Hired Before October 10, 1994

2. General Member Employees Hired On or After October 10, 1994

3. Safety Member Employees Hired Before October 10, 1994

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

B. 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 the amounts specified below of unit employee’s normal 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. In lieu of the benefit provided by Paragraph C above, for employees in the classifications of County Administrator, Fire Chief, and Public Defender, the County shall pay up to $172.30 of the employee’s normal biweekly contribution to the Retirement System. In lieu of benefit provided by Paragraph C above, for employees in the classification of Assistant Public Defender-E, the County shall pay up to $149.18 of the employee’s normal biweekly contribution to the Retirement System.

SECTION 16. 401(a) SUPPLEMENTAL RETIREMENT PLAN

For management employees in Unit 43, the County shall contribute 0.24% of the employee's base salary each pay period into a 401(a) deferred compensation plan for the benefit of the employee. All employer contributions shall be immediately vested to the employee. Employees are responsible for the investment of assets in their individual account among the investment choices available and offered by the Plan Administrator. If an employee fails to direct any specific investment choice, the assets in his/her individual account will automatically be invested in the Plan Administrator's "general account." Specifics of the 401(a) Plan are contained in the Plan Document.

SECTION 17. BILINGUAL ALLOWANCE

Management and confidential-unrepresented employees, whose duty assignments require 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 $25.38 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 18. PROFESSIONAL LICENSE FEES

Employees shall be reimbursed for professional license fees (e.g., State bar dues, physician and surgeon certificates, professional civil engineer registration, 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;

2. If the employee leaves County employment during the licensing period, the County's contribution 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).

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

SECTION 19. TUITION AND TEXTBOOK REIMBURSEMENT

To the extent funding is available, management and confidential-unrepresented 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 20. 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 21. TRANSPORTATION DEMAND MANAGEMENT (TDM)

Management and confidential-unrepresented employees shall be eligible to participate in the County's TDM program and receive related benefits including the Alternative Commute Incentive.

SECTION 22. AUTOMATIC PAYROLL DEPOSIT

All management and confidential-unrepresented 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 bi-weekly payday.

SECTION 23. ADMINISTRATION OF BENEFITS

The County Administrator, the Auditor-Controller and the Human Resources Director are hereby directed to provide the necessary administrative procedures to implement the above provisions of this resolution.

Passed and adopted by the Board of Supervisors of the County of Santa Barbara, State of California, 26th day of June, 2007, by the following vote:

AYES:

NOES:

ABSENT:

______________________________________
Chair, Board of Supervisors

ATTEST:

Michael Brown
Clerk of the Board

By: __________________________________
Deputy Clerk

APPROVED AS TO FORM: