HomeMy WebLinkAbout06-062Resolution No.
RESOLUTION ESTABLISHING SALARY AND BENEFITS
FOR NON-REPRESENTED CLASSIFICATIONS
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 the Salary
Ordinance as non-represented are not represented by a recognized bargaining unit.
WHEREAS, Resolution Number 06-021 provides for the salary, benefits, terms and conditions of
work for non-represented positions found in Section 68 k. of the Butte County Salary Ordinance; and
WHEREAS, this resolution supersedes and replaces Resolution Number 06-029.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Butte,
State of California, that, in addition to the salary, benefits, terms and conditions provided to
management employees defned in the Butte County Management Employees Association
Memoranda of Understanding, the Board of Supervisors of the County of Butte hereby
establishes the following salary, benefits, terms and conditions of work for non-represented
positions found in Section 68 k. of the Butte County Salary Ordinance (in no instance shall a
non-represented position receive a lesser benefit than that found in the Butte County
Management, Confrdential & Supervisory. MOU):
1. COMPENSATION
1.1 Salary -Assistant Director
a. The tap step of assistant department heads salary ranges shall be set at the range that is
closest to either twenty percent {20%) differential far single assistant department heads or
twenty-five percent (25%) differential for multiple Assistant Department Heads below the
median salary of the respective department head. The assistant department head salaries
in the Department of Employment and Social Services and the Department of Behavioral
Health shall remain at twenty percent (20%} differential below the median salary of their
respective Department Heads. The department head median salary shall be that calcula#ed
by the Chief Administrative Officer as prescribed by the uBenefits of Butte County
Department Heads" resolution, and the median salary shall include additional compensation
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Page 7
of Department Heads for special functions and/or additional responsibilities such as
managing extra departments {e.g. the Director of Employment and Social Services receives
additional pay for assuming the responsibility of Public Guardian}.
b. In the event that the calculated median salary andlar annual pay for performance review
results in either an increase or decrease in the department head's salary, the Assistant
Department Head's salary shall be adjusted accordingly, but in no situation steal! it be lower
than the established formula prescribed for each Assistant Department Head.
c. In the event that a department head leaves County service and a replacement is hired at a
lower salary than the predecessor, there shall be no change to the assistant department
head's salary until the new department head has been in place for a minimum of a full year,
but in no situation shall it be lower than the established formula prescribed for each
assistant department head.
9.2 Salary -Deputy Administrative Offcer and All Other Non-Represented Positions
The top step of the Deputy Administrative Officer salary range shall be set at the salary range
that is closest to a twenty-five percent (25%) differential below the Assistant Chiefi
Administrative Officer.
All other non-represented salaries shall be as indicated in Butte County Salary Ordinance for
non-represented classifications.
1.3 Ste Increases
In addition to the provisions of Personnel Rule 11.6, the appointing authority may grant out of
sequence merit advancements up to twice for an employee in a specific classification.
'1.4 Cell Phone Allowance
Effective July 1, 2006, at the option of the employee and with appointing authority approval
providing appropriate funds have been budgeted, employee may apt to receive a monthly cell
phone allowance of $70.00 (seventy} dollars for use of a privately awned cell phone to conduct
County business.
1.5 Safety Footwear Allowance
County shall provide a reimbursement of up to $100A0 (one hundred dollars} per fiscal year to
all employees in classifications where the nature of the work warrants it, and the County has
pre-approved an individual's eligibility for the safety footwear allowance under this section.
This reimbursement shall be far either the purchase or repair of safety footwear bearing the
American National Standards institute (ANSI) stamp, but shall not exceed one hundred dollars
($100.00} per fiscal year.
1.6 Travel Allowance and Mileage Reimbursement
Effective July 1, 2006, where in-county travel warrants it, appointing authority approves it, and
appropriate funding has been budgeted, employee shall be provided a monthly mileage
allowance of two hundred and ffty dollars {$250.00} per month for all within-County travel.
Additionally, employee shall be reimbursed at the current IRS allowable rate far all work related
travel in his or her private vehicle outside of the County. Employee who has a County assigned
emergency vehicle which is available for their use during non-business hours is not eligible for
this allowance.
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1.7 Tuition Reimbursement
Upon written request of the employee and recommendation of the department head,
employees enrolled in accredited classes ar courses which are directly job related to the
employees' position shall be entitled to reimbursement of one-half (112} of the cast of required
instructional materials or tuition, upon proof of successful completion of the class or course, up
to a maximum of $500 per fiscal year. This program is subject to available funds and not to be
used in lieu of o#her programs.
1.7.1 Alternate Reimbursement for Tuition
Effective July 1, 2006, in lieu of 1.7 above, an employee who is enrolled in an accredited
college course or courses in the pursuit of a formal degree that the appointing authority has
approved in advance and in writing and verifying the course or courses directly apply to the
position and department of employment, may be provided up to half the cost of the college
units completed per semester upon proof of completion of the semester with a GPA of 3.0 or
better. In return, employee agrees that if he/she voluntarily leaves the employ of the County
within three (3) years of receiving #his tuition reimbursement pursuant to this paragraph shall
reimburse the County for the tuition reimbursement received.
Some or all of that repayment may be accomplished through a deduction from the employee's
final paycheck assuming that check is for an amount equal to ar greater than the amount that
is the subject of this resolution.
The County of Butte reserves the right to recover any outstanding amounts that may be due
under this agreement as provided by law.
1.S Standby Pay
a. Status
Employee shall be entitled to receive fifty dollars {$50.00} for each eight-hour standby shift, or
portion thereof, as ordered and authorized by an appointing authority. A standby shift is
defined as any eight (8) hour shift following the employee's normally assigned shift.
b. Response Time
Employees placed on standby status shall keep the appointing authority or designee advised
of their location during the standby shift and shall respond to duty within two {2) hours from
the time of notification. When an appointing authority determines it is in the interest of the
County to provide electronic paging devices for standby workers, the appointing authority shall
provide and maintain such devices and instruct workers in proper use.
1.9 Bilingual Pay I]ifferential
When it has been determined that an employee's use of bilingual language skills or
specialized communications skills are essential and critical for the successful performance of
the functions of a County department, the employee shall receive a pay differential of five
dollars ($5.00) per day {$50.00 per pay period) of compensated service. The Director of
Human Resources formulates the policies and procedures for administering the provisions of
this section, which requires the written justification by the appointing authority, verification of
the employee's language or communication skill and ability and procedures for review of
continued need on no less than an annual basis.
1.10 Moving expenses
At the discretion of the appointing authority, and concurrence by the Chief Administrative
Officer, and providing there are sufficient funds within the hiring department's budget to do so,
the appointing authority may provide moving expenses to a newly hired employee where
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the individual is moving from a distance of no less than 200 miles as follows:
a. As an incentive to accept the position, the appointing authority may offer an amount not to
exceed $5,000 ($5,000) toward direct expenses incurred by the new appointment in
his/her relocation to Butte County.
b. In return, employee must agree in writing to repay that amount to the County of Butte
should helshe voluntarily leave the employ of County of Butte within three {3) years of
hislher appointment to the position.
c. Some ar all of that repayment may be accomplished through a deduction from the
employee's final paycheck assuming that check is for an amount equal to or greater than
that amount the subject of this agreement
The County of Butte reserves the right to recover any outstanding amounts that may be due
under this agreement as provided by law.
1.11 Temporary Assignment to a Higher Paid Classification
Whenever an employee is assigned in writing by the department head to work in a higher
classification and, therefore, performs substantially all of the duties of the higher classification
far a period of mare than ten (10) cumulative working days or eighty (80) cumulative working
hours in a fiscal year, {or eight {8} cumulative working days the employee, shall be entitled to
be compensated with an additional five percent (5%) over hislher current rate of pay,
beginning with the eleventh (11th) day or the eighty-first (81st} hour of the assignment. A
continuous out-of~lassification assignment bridging two {2) fiscal years shall be treated as if
it occurred during the prior fiscal year. For example, an employee receiving the compensation
for an assignment, which commences on June 15 of one fiscal year and ended on July 5 of
the succeeding fiscal year, would receive compensation for the entire assignment. Similarly,
an employee whose 11th day or eighty-first {81st) hour of out-of--classification assignment
occurred during the prior fiscal year would commence receiving compensation as of the 11th
day ar eighty-frst (81st) hour.
If an assistant director, covered by the provisions of this resolution, is appointed to a position
of interim department head, said employee's salary shall be set by Board of Supervisors
minute order.
1.12 Information Systems Assisnment
A regular employee assigned to perform the principle information systems function in the
department or division and who is not classified as an information systems position shall
receive an additional 5% compensation calculated on base pay. The assignment must be made
in writing and approved by the department head. The additional compensation shall commence
the first day of written assignment, providing said assignment is for a minimum of two
consecutive pay periods.
BE IT FURTHER RESOLVED, that non represented employee benefits andlor conditions of
employment that are not defined 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
supersede and take precedence:
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Page 4
2. TERMS AND CONDITIONS
2.'I Probati:ona A ointments
In addition to the provisions found in the Personnel Rules under Sections 7.2, 7.2.9, 7.3 and
7.4 employees reporting directly to a department head who receive an unsatisfactory
Performance Evaluation (which they dispute} resulting in denial of a step increase, may
request that the matter be reviewed by the Director of Human Resources, or in the case of the
Human Resources Department, by the Chief Administrative Officer. The Director of Human
Resources, or the Chief Administrative Officer, shall have the authority to review and attempt
to mediate the dispute; but the department head shall retain final authority to decide the
matter.
2.2 Alternate Schedules
Upon the recommendation of a department head, flex-time, job-sharing and voluntary reduced
work hours programs may be established, after consultation with the Director of Human
Resources. Any jab-sharing program will require that the benefits be pro-rated or as
otherwise mutually agreed upon by both parties in writing.
Alternate work schedules may include 9180 schedules, 4110 schedules, andlor other
alternative scheduling patterns. Individuals assigned to such schedules shall accrue leaves
and holidays on the same basis as employees working the standard 518 work schedule; that
Es, eight (8) hours per day.
2.3 Layoff
An appointing authority may initia#e a layoff for a regular held position{s) due to administrative
reorganization, lack of work or appropriation by advising the Director of Human Resources of
the number of positions, classifications, department involved and the effective layoff date.
The Director of Human Resources shall establish a seniority list and shall consider employee
status, length of service and efficiency in determining which employee or employees are to be
laid off and shall, in writing, inform the appointing authority and affected employees.
Seniority List Score Computation
a. Regular help employees appointed to a position with Butte County shall receive credit far
compensated regular help employment that has not been broken by a permanent
separation. Employees who resign to take extra help positions as a method of promotion
shall receive credit for all time worked, even in the extra help position. When there has
been permanent separation, credit shall be given only for regular help employment
following such break in service. The seniority status accrued by those incumbent
employees in the Welfare, Health and Civil Disaster Departments under the Local Agency
Personnel Standards prior to August 7, 1976, shall remain on accrual.
b. One point seniority credit shall be given for each calendar month of regular help
employment, unless specifed elsewhere herein, or any portion thereof excluding extended
leaves of absence. Regular employees working part-time schedules will be given
fractional point credit for each month of service on a prorated basis.
c. Twelve paints shall be subtracted from the seniority scare of an employee who was the
subject of a disciplinary action that was appealable (under Section 7 of this Resolution,
Appeal of Disciplinary Action) and was not appealed or the disciplinary action was
sustained.
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d. When two or more employees have the same total seniority score the tie shall be broken
and preference given in the following sequence:
1. Employees with the greatest seniority in the department and the class in which layoff is
being made and in related higher classes.
2. Employees with the greatest seniority in the class in which the layoff is being made
and in related higher classes.
3. Employees with the greatest seniority in the department.
4. Employees whose names are drawn by lot by the Director of Human Resources.
Order of Separation in Reduction-in-Force
a. Employees in the same class within a department of layoff shall be separated during a
reduction-in-force in the following appointment type sequence:
1. Extra Help and Emergency
2. Provisional and Probationary
3. Permanent
b. Separation of employees shall be in the order in which their names appear on the seniority
list for the affected class, with those persons having the least seniority credit being the first
separated.
Layoff Notice
The Director of Human Resources shall send written notice to the last known address of each
employee affected by a layoff at least thirty {30) days prior to the effective date of the action,
except for employees who are impacted by "bumping," in which case notice shall be sent
fourteen {14) days prior to the effective date of the action. The notice shall include the:
1. reason for layoff
2. classes to which the employee may demote within the department, if any
3. effective date of the action
4. seniority scare of the employee
5. formula by which the seniority scare is computed
6. appeal rights of the employee
T. conditions governing retention on and reinstatement from reemployment lists, and
8. rules regarding waiver of reinstatement and voluntary withdrawal from the
reemployment list.
Demotion in Lieu of Layoff
In lieu of being laid off, a regular employee may elect demotion to:
a. any position held by an employee with a lower seniority score in a class with subs#antially
the same or lower maximum salary in which the layoff employee held permanent status;
or
b. any vacant position in a class in the same line of work as the class of layoff, but of lesser
responsibility if such classes are designated by the Director of Human Resources.
Demotion rights to specifed classes shall be applicable only within the department of layoff.
To be considered far demotion in lieu of layoff, an employee must notify the Director of
Human Resources in writing of this election no later than five (5} days after receiving the
notice of layoff.
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Layoff Reinstatement
Permanent employees laid off who are reinstated to a regular County position within twenty
four {24) months from the effective date of layoff, shall be reinstated with seniority rights
including time served towards annual merit increase. Such employee shall be credited with
one hundred percent {900%) of unused sick leave on accrual at the time of layoff and shall
accrue vacation benefits at the same rate established by prior seniority. An employee
reinstated to the same classification or lower classification in the same class series in which
permanent status was held at the time of layoff shall not be required to serve a new
probationary period. A former employee reinstated in a classification with an equal ar lower
pay range than that held by the employee at the time of layoff, pursuant to the provisions of
these rules, shall remain on the valid reinstatement list. Should an employee on a layoff list
be employed by the County in a classification with a higher pay range than that held at the
time of layoff, the employee's name shall automatically be removed from the layoff
reinstatement list upon completion of the probationary period.
Layaff -Probationary Employees
Probationary employees laid off shall have their names placed back on the eligible list from
which they were appointed providing it is still in existence. Should such employees be Eater
appointed from the eligible list, the appointment will be the same as far others appointed from
the list for the first time. Anew probationary period and other terms and conditions of a new
appointment shall apply.
3. LEAVES 01= ABSENCE
3.1 Vacation Leave Accrual and Use
Employees shall be entitled to earn vacation according to the following schedule:
Amount of Continuous County Service Earned at the Rate of:
Up to S years of service 15 days per year {120 hours}
Beguuung of 6`h year through end of 10`h year of service 20 days per year {160 hours}
Beginning of 11 `h year through end of 20th year of service 25 days per year {200 hours)
21 years and over 27 days per year {216 hours}
Vacation will be credited biweekly on a prorated portion of full-time compensated service.
Employees with less than six {6) months of uninterrupted service shall not be entitled to a
vacation. Vacation time off may be requested by the employee subject to the approval of the
appointing authority. Effective the beginning of the first pay period con~nencirtg the calendar
year, an employee's vacation accrual shall not exceed twice the annual earnings.
3.1.1 Vacation Leave and New Hire Transfer t=ram Public Sector Em to er
In addition to the vacation leave policy outlined in Personnel Rules Section 12.1, an appointing
authority may authorize the instatement of up to twenty hours of vacation leave within sixty
{fi0} calendar days of hire for a newly hired non-represented employee who is transferring
from a California public sector employer (i.e. state, county, city, school, or special district) to
work for Butte County by completing a personnel action form and submitting it to the Chief
Administrative Officer or designee for approval and final processing.
3.1.2 Vacation Buy Back
Employees taking at least forty (40) hours of vacation time shall, concurrently, have the option
of requesting pay in lieu of time off for up to an additional forty (40} hours of accrued vacation
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time once per fiscal year. Vacation buy-back shall only be available in increments of eight {8}
hours. Such requests are subject to the approval of the respective department head and
availability of funds.
In addition to vacation buy-back above, employees shall have the option of buying back up to
an additional one hundred four (104) hours of vacation time during each fiscal year in
increments of eight (8} hours. Such requests are subject to the approval of the department
head and availability of funds.
3.2 Accrued 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 90 days per year (3.0769 hours per
biweekly pay period} to a maximum of 44 {forty-four} days (352 hours}. If employee
terminates from the county in good standing, helshe shall be compensated far 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 (imitations 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.
3.34 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 forty hours (40} 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.
3.4 Salaried Employee Leave
Employees covered by this resolution shall be provided "salaried employee leave" for
authorized absences of less than a full day if they have no paid time available. No deduction
shall be made from employee's pay for absences of less than one day.
3.5 Administrative Leave
The department head in hislher sole discretion, may, when extraordinary circumstances exist
and necessary far the operation of the department, place an employee on paid administrative
leave, subject to call.
3.6 Sick Leave
Covered employees shall earn sick leave with pay at a rate of 3.6923 hours per biweekly pay
period (ninety-six [96j hours per year). Sick leave may be accumulated without limit during a
period of continuous employment.
3.6.'i Sick Leave Buy-Back Option
On retirement or termination in good standing, an employee who has on accrual more than
two hundred and forty (240) hours of sick leave may be compensated far that portion over two
hundred and forty {240) hours at one-half (912) the normal rate of pay for the employee up to a
maximum of $3,000.00.
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3.7
4.
Holiday Leave
Designated holidays are as follows:
1) New Year's Day January 1
2) Martin Luther King Third Monday in January
3) Washington's Birthday Third Monday in February
4) Cesar Chavez Day March 31
5) Memorial Day Last Monday in May
6) Independence Day July 4
7) Labor Day First Monday in September
8) Veterans Day November 11
9) Thanksgiving Day Designated Thursday in November
10} Post-Thanksgiving Day Friday fiollowing Thanksgiving
11) Christmas Day December 25
12} Every day appointed by the President, Governor, and the Board of Supervisors for a
public fast, thanksgiving, or h oliday, when the day is celebrated as a State or Federal
holiday. Days declared as Federal holidays shall be observed as County holidays.
When a designated holiday falls on Sunday, the following Monday shall be observed. When a
designated holiday falls on Saturday, the preceding Friday shall be observed. A regular
employee required to work on a designated holiday, or whose regular scheduled day off falls
on a designated holiday, shall at the discretion of the appointing authority be entitled to either
equivalent compensated time off scheduled the day preceding the designated holiday, or
within sixty (fiQ} days fogowing the designated holiday, or equivalent compensation to be paid
within sixty (60) days following the designated holiday.
Eligibility for Holiday Pay. Each covered employee in a compensated employment status on
the assigned work day immediately preceding and the assigned wank day immediately
following a designated holiday shall be entitled to compensation for the designated holiday.
Holiday Compensation. Regular employees required to work on a designated holiday or
whose regular scheduled day off falls on a designated holiday shall, at the discretion of the
appointing authority, be entitled to equivalent compensated time off scheduled either the day
preceding the designated holiday or within one hundred eighty {184} days following the
designated holiday.
4.1 PERS 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 for miscellaneous employees and 2% @ 50 for safety designated employees.
4.2 Retirement Credit for Sick Leave
The public Employees' Retirement System {PERS) contract allows unused accumulated sick
leave to be converted to service time per Government code Section 20862.8. This option is
available to all employees and limited, far those employees who do not use all of their accrued
sick leave conversion option for sick leave buy-back or health plan coverage, to that portion of
the sick leave no# actually used for the selected option.
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An employee may, upon retirement form the County under PERS, use any sick leave
accumulation not used as part of the calculated options for cash out or sick leave conversion
as service #ime, an accordance with the PERS formula.
4.3 Deferred Income Plan
Employee may participate in an IRS Section 457 Deferred Compensation Plan up to the
maximum allowed by the law.
5. INSURANCE
5.1 Unemployment Insurance
Unemployment ~~~ ~.~~~..
insurance is provided according to State law.
5.2 Health, Dental, Vision and Life Insurance
Employee is entitled to participa#e in a County sponsored Health Plan under the
County's Ca[PERS 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 employer and employee contributions outlined in the Butte County Management,
Cont:ldential & Supervisory Memorandum of Understanding. In no instance shall a
non-represented position receive a lesser benefit than that found in the Butte County
Management, Confidential & Supervisory M4U.
5.2.1 Retired Employee Optitor~s
Employees who retire under the provisions of the County's retirement contract with the Public
Employees' Retirement System (PERS} may continue to insure themselves and their insured
dependents far the health benefit portion of the health plan by advising the Director of Human
Resources and advancing the full premium for health only coverage in a manner prescribed by
the Director of Human Resources.
Employees with ten (10) years or more of cumulative service with Butte County who, upon
termination, immediately retire under the provisions of the County's contract with the Public
Employees' Retirement System shall be eligible for the health benefit only coverage for
themselves (employees only) to Medicare Supplemental Qualifying Age. Under the following
conditions, PERS members subject to this Memorandum of Understanding shall be entitled to
twelve {12) months of reimbursable health premiums immediately following retirement. In
addition, miscellaneous members are permitted as an option to the sick leave buy-back plan
specified in paragraph 3.6.1. of this resolution one of the following choices: 1) to receive one (1)
month of reimbursable health only premium for each day (eight hours) of sick leave on accrual
at the date of retirement; or 2) to receive one (1) month of reimbursable health only premium
for each two and one-half (Z 1/2) days in excess of thirty {30) days accrued sick leave to cover
both employee and spouse to Medicare Supplemental Qualifying Age; or 3) one (1} month of
reimbursable health plan benefits (employee only) will be granted for each day of accrued sick
leave until the sick leave credit is exhausted or the employee reaches Medicare Supplemental
Qualifying Age; and one (1) month of reimbursable health plan benefits for each one and one-
half days in excess of thirty (34) days accrued sick leave to cover employee's spouse until the
sick leave credit is exhausted ar spouse reaches Medicare Supplemental Qualifying Age.
Enrollment of employee's spouse will be postponed until date , but only if the spouse is
eligible for enrollment to the health plan, effective that date, pursuant to the Health Insurance
Non-Represented Classification Henef is Resolution
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Portability and Accountability Act (H><PAA}. This election is irrevocable and will revert to
employee only coverage if employee's spouse is not eligible for enrollment on the effective date
cited above pursuant to HIPAA. The sick leave originally allocated for the coverage of the
employee's spouse shall be forfeit if the employee's spouse is not enrolled in the health plan on
the effective date cited above. Rights to continuation of health coverage above is in addition to
any rights the employee is entitled to under COBRA.
5.3 Disability Insurance
a. Employee shall be required to participate in the Disability Insurance Plan. Premiums will
be paid totally by the employee through payroll deduction.
b. The Disability Insurance Plan shall be integrated with the County's sick leave plan and the
employee shall be allowed to use all accrued time available in addition to sick leave for
each disability in accordance with the following formula:
The employee's gross biweekly wage shall be multiplied by a factor of 0.85 and the
resulting product reduced by the amount of Disability payments for the biweekly
period. The resulting balance shall represent the amount of gross sick leave,
vacation, CTO, andlor administrative leave pay from which mandatory and
voluntary deductions shall be made.
c. An employee receiving disability benefit payments who fails to provide the County Auditor
within thirty (30} days of the onset of the disability a copy of the approval of disability
benefits, shall be deemed in violation of the terms of #his agreement and the Auditor shall
immediately forward to the disability benefits carrier a report indicating that the employee
had received full sick leave, vacation, CTO, andlor administrative leave to the maximum
allowed, for the time in question.
6. 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
7. APPEAL & GRIEVANCE PROCESSES
7.1 Appeal of Disciplinary Action
Step {1). Should the appointing authority 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 Ofhcer or designee, or in the case of the Chief Administrator's Office,
to the Human Resources Director. The appeal must be submitted within fifteen (15) days of
the occurrence and shall be submitted formally in writing stating the nature of the appeal and
the suggested solution. Within ten (10) working days after receiving the written appeal, the
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Page 11
Chief Administrative Officer (or Human Resources Director) shall set a meeting with the
employee. Within fifteen {15) working days thereafter a written decision shall be delivered to
the employee and the appointing authority.
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 {10) 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 far a lesser level of discipline.
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.
7.2 Resolution of Canf[ict 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 employerlemployee relations.
An employee who presents a grievance shall not suffer 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 #his procedure.
7.2,1 Definition and Scoae of a Grievance
a. A grievance may be filed by the employee on a management interpretation or application
of this resolution ar 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.
7.2.2 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 1
Informal Meeting. Prior to filing the formal grievance pursuant to Step 2 below, the employee
is required, within fifteen {15} 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
appointing authority 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
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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, ar 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 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, or in the case of a
grievance by an employee of the Chief Administrative Officer`s, to the Human Resources
Director. 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 (or Human
Resources Director, which ever is appropriate) sha[I 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 Offcer (or Human Resources Director whichever is
appropriate} sha[I be final.
PASSED AND ADOPTED by the Board of Supervisors, of the County of Butte, State of California, at
regular meeting of said Board, held on the 25th day of April 2006, by the following vote:
AYES: Supe~~risors Conneily, Dolan, Hoax, Yamaguchi and Chair ,7osiassen
NOES: None
ABSENT: None
NOT VOTING: None
SIASSEN, Chair
ounty Board of Supervisors
ATTEST:
PAiJL MCINTOSH, Chief Administrative Officer
and Clerk of the Board of Supervisors
By: ~-~-~
Deputy
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