Loading...
HomeMy WebLinkAbout04-026.• ~~ ~ ~t ~ } s~:. ° - t ~'... ~~ rte'` r ~ ,try ` ' ~±'~-~ + ~~~1~ ~~~ ~~~ ~ +~..IF'E3t'~::I~ y ~ ~"~ Y ~ .~~' E,ra..;i.+t'~~•• RE~solufiori No. 04-026 RESOLUTION ESTABLISHING SALARY AND BENEFITS FOR NON-REPRESENTED CLASSIFICATION: Assistant Director -Human Resources WHEREAS, the Board of Supervisors is empowered to establish compensation for elected and appointed department heads, Classified, Management & Confidential, and Non-Represented employees; and WHEREAS, the Government Code Sections 2500-3510, known as the Myers-Milian-Brown Act allows for full communication between public employees including department heads; and WHEREAS, the Myers-Milias-Brown Act provides for a reasonable method of resolving disputes regarding wages, hours and other terms and conditions of employment; and WHEREAS, pursuant to Government Code Section 3502, the classifications outlined in this Resolution are not represented by a recognized bargaining unit; and WHEREAS, the classification outlined in this Resolution is that of the Assistant Director - Human Resources. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Butte, State of California, that the Board of Supervisors of the County of Butte hereby establishes the salary of the Assistant Director-Human Resources to be as follows: 1. The top step of Assistant Director-Human Resources salary range shall be set at twenty (20%) percent of the mean or actual salary of the Director-Human Resources, whichever is greatest. 1) In the event that the annual salary survey and/or annual pay for performance review results in either an increase or decrease in the Director-Human Resources salary, the Assistant Director-Human Resources salary shall be adjusted accordingly, but in no event shall it be set lower than 20% of the mean established for the Director-Human Resources. Pugs 1 2) In the event that the Director-Human Resources leaves County service prior to the annual Director-Human Resources salary survey, and a replacement is hired at a lower salary than the predecessor, there shall be no change to the Assistant Director- Human Resources salary until the new Director has been in place for a minimum of a full year, but in no event shall it be set lower than 20% of the mean established for the Director-Human Resources. BE IT FURTHER RESOLVED, that Assistant Director -Human Resources benetits that are not detned in the Butte County Personnel Rules shall be as follows and that where there is a conflict between the Personnel Rules and this Resolution, this Resolution shall supercede and take precedence: 2. Administrative Leave Employee shall receive administrative leave in lieu of paid overtime. Administrative leave in lieu of paid overtime shall be accumulated at a rate of 0.2692 days for each biweekly period of compensated service. Administrative leave may be accumulated to a maximum of forty-four (44) days (358 hours). If employee terminates from the county in good standing, he/she shall be compensated for any administrative leave accrued under this section, up to the maximum accrued amount. Usage of administrative leave for paid leave shall be subject to the same limitations as the use of vacation leave, except that no minimum period of employment shall be required before administrative leave may be utilized or cash payment made following the end of each calendar year. 3. Bereavement Leave If the employee believes it necessary to be absent from duty because of the death of a member of the individual's "immediate family" as defined in the Personnel Rules, the employee may be absent for five (5) working days with pay for each occasion. Any time used in this manner shall not be charged to sick leave or vacation, but shall be documented and recorded as bereavement leave. In the case of the death of individuals other than those defined as immediate family who were living in employee's household as family members, approval for the use of bereavement leave shall be on a case-by-case basis at the sole discretion of the Director -Human Resources. 4. Retirement Plan Employee is eligible to participate in the County retirement program as contracted through the Public Employees' Retirement System. The retirement program is integrated with Social Security and the retirement benefit is based on the highest single year of salary using the 2% ~ 55 formula. _5. Unemployment insurance Unemployment insurance is provided according to State law. Page 2 6. Nealth, Dental, Vision and Life Insurance Employee is entitled to participate in a County sponsored Health Plan under the County's Ca1PERS contract and including dental, vision, and life insurance elements. The employee pays a share of the premium or selects to receive the cash-back benefit in lieu of health insurance coverage, all of which is determined annually and mirrors the employee contributions outlined in the Butte County Management, Confidential & Supervisory Memorandum of Understanding. 7. Deferred Income Plan Employee may participate in an IRS Section 4S7 Deferred Compensation Plan up to the maximum allowed by the law. 8. Employee Assistance Program Employee and eligible family members are entitled to receive up to eight (8) program visits per family unit per benefit year through the County's Employee Assistance Program, for such services as the following: • Marital and family problems • Alcohol Abuse • Financial and credit concerns • Child care • Pre-retirement planning • Legal issues and questions • Relationship issues • Drug dependency • Emotional problems and stress • Elder care • Federal taxpayer problems • Interpersonal conflicts 9. Appeal of Disciplinary Action Step (1). Should the Director-Human Resources impose disciplinary action in the form of suspension, demotion, reduction in pay, or dismissal upon employee, employee may appeal said action to the Chief Administrative Officer or designee. The appeal must be submitted within fifteen (1 S) days of the occurrence and shall be submitted formally in writing stating the nature of the appeal and the suggested solution. Within ten (]0) working days after receiving the written appeal, the Chief Administrative Officer shall set a meeting with the employee. Within fifteen (15) working days thereafter a written decision shall be delivered to the employee and the Director-Human Resources. Step (2). if the appeal is not settled under Step 1 option above, it may be formally submitted to an appeal hearing conducted by a mediator from State Mediation and Conciliation Services. The hearing date will be established by mutual agreement within ten (] 0) working days of the written decision from Step 1 above. The State Mediator shall hear the appeal and following the hearing render a decision as to whether the appeal is granted, denied, or modified to provide for a lesser level of discipline. Yag~ 3 The State Mediator shall not have the power to amend or modify provisions of this resolution, or a law, ordinance, resolution, regulation or rule which is within the authority of the Board of Supervisors or other legislative body or to establish any new terms or conditions of employment. The State Mediator's decision shall be limited only to the applications and interpretation of the matter referred for consideration. 9. Resolution of Conflict Not Related to Disciplinary Action -Grievance It is the intent of this procedure to afford the parties the opportunity to resolve workplace problems at the lowest possible level, and to thereby further the principles of developing harmonious employer/employee relations. An employee who presents a grievance shall not sutier reprisal or other punitive action by the County because of the exercise of the right to present a grievance. The employee shall be given reasonable time off without loss of pay or benefits to present the grievance to County management pursuant to this procedure. Definition and Scope of a Grievance a. A grievance may be filed by the employee on a management interpretation or application of this resolution or the Personnel Rules. b. Specifically excluded from the grievance procedure are subjects involving the amendment of state or federal law; Board of Supervisor's resolution, ordinance or minute order; performance evaluations; denial of merit increases; discriminatory acts; or other matters which have other means of appeal. Grievance Procedure Steps The grievance procedure shall consist of the following steps, each of which must be completed prior to any request for further consideration of the matter. Ste ] Informal Meeting. Prior to tiling the formal grievance pursuant to Step 2 below, the employee is required, within fifteen (] 5) calendar days of the occurrence or the employee's knowledge of the occurrence which gives rise to the grievance, to informally discuss the matter with the Director-Human Resources to determine if the issue may be resolved. Ste 2 Formal Written Grievance. If the grievance cannot be resolved at Step 1 above, employee must submit a formal, written grievance on the prescribed form, clearly stating the alleged misinterpretation or application of this resolution or the Personnel Rules including the resolution being sought. As an alternative to proceeding directly to Step 3 below, the grievance may be submitted to mediation conducted by State Mediation & Conciliation Services. This option must be presented in writing to the Director-Human Resources within ten (10) calendar days from the date a decision was rendered at the informal decision. As soon as practicable thereafter, or as otherwise agreed to by the parties, a mediator shall hear the grievance. A request for mediation will automatically suspend the normal processing of a grievance until the mediation process is completed. The mediation Yagc 4 process shall be optional, and any opinion expressed by the mediator shall be informal and shall be considered advisory. Ste 3 If the issue is not settled by the informal discussion or by mediation as outlined above, it may be formally submitted to the Chief Administrative Officer or designee. The grievance shall be submitted within thirty (30) calendar days of the written response to the informal meeting or conclusion of mediation, and shall be submitted formally in writing stating the nature of the grievance and the suggested solution. Within ten (10) calendar days after receiving the written grievance, the Chief Administrative Officer shall set a meeting with the employee. Within ten (10) calendar days thereafter a written decision shall be delivered to the employee. The decision of the Chief Administrative Officer shall be final. PASSED AND ADOPTED by the Board of Supervisors, of the County of Butte, State of California, at a regular meeting of said Board, held on the 24th day of February , 2004, by the following vote: AYES: Supervisors Dolan, Houx, Josiassen, Yamaguchi and Chair Beeler NOES: None ABSENT: None NOT VOTING: None .,. RJ Beeler, Chair -Butte County Board of Supervisors ATTEST: Paul McIntosh Chief Administrative Officer and Clerk of the Board of Supervisors `~ . . By: Assistant Director-HR Benefits Resolution Page 5