HomeMy WebLinkAbout11-105Resorution
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 3500-3511, known as the Meyers-Milian-Brown Act
allows for full communication between public employees; and
WHEREAS, the Meyers-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; and
WHEREAS, Resolution Number 10-080 has specified the salary and benefits entitled to appointed
non-represented employees since January, 2010; and
WHEREAS, this resolution supersedes and replaces Resolution Number 10-080.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Butte,
State of California, that the salaries, benefits, and terms and conditions of employment for Non-
Represented Classifications listed in Section 57k of the Butte County Salary Ordinance are hereby
established as follows (and in no instance shall anon-represented position receive a lesser benefit
than that found iri the Butte County Management, Confidential & Supervisory MOU):
1. COMPENSATION
The Board of Supervisors shall establish the salary ranges or flat step salaries far non-represented
classifications. The salary ranges far non-represented employees in classifications which are not
represented by a recognized employee organization are listed in the Salary Ordinance, Section 57k,
as adopted and amended by Board action.
Non-Represented Classsfication Benefits Resolution (September 2011)
Page 1
RESOLUTION OF THE COUNTY OF BUTTE
SALARY AND BENEFITS OF NON-REPRESENTED CLASSIFICATIONS
i,1 Initial Ste Placement
Except as specified in 1.3 below, the entrance salary for a new employee entering County service
shall be the first, second, or third step of the salary range for the classification to which the
employee is appointed, depending upon the knowledge, skills, and abilities of the new employee on
the date of hire. Such initial step placement shall be at the sole discretion of the appointing
authority.
1.2 Salary Sten Plan
Except as specified in 1.3 below, eligibility for salary step movement shall be based upon time in
the classif cation and based upon merit, at the sale discretion of the appointing authority, and with
no right to appeal. Non-represented employees shall be eligible for advancement to the next step in
the range after completion of twenty-six (2b) full pay periods of satisfactory performance in the
current step, and upon the approval of the appointing authority.
1.3 Out of Se uence 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 Cost of Living Adjustments
The non-represented employees may receive cost of living increases equal to those that are given to
Butte County Management, Confidential & Supervisory bargaining unit employees at the discretion
of the Chief Administrative Officer, with concurrence of the Board of Supervisors.
~..5 Salary
Non-Safety Classifications
Effective the pay period including January 1, 2012 a two percent {2%) increase to the
applicable salary schedule will be applied to all non-safety members of this unit.
Safety Classifications (except Undersheriffj
Effective the pay period including January 1, 2012 a three percent (3%} increase to the
applicable salary schedule will be applied to all safety members of this unit.
Effective the pay period including January 1, 2013 a one percent (1%) increase to the
applicable salary schedule will be applied to all safety members of this unit.
1.6 Sala -Assistant Director
a. The top step of assistant department head salary ranges shall be set at the range that is closest
to either a differential of twenty percent (20%} for single assistant department heads or a
differential of twenty-five percent (25%} for multiple Assistant Department Heads below the
actual salary of the respective department head. The top step of the assistant department head
salary range in the Department of Employment and Social Services and the Department of
Behavioral Health shall remain at a differential of twenty percent (20%} below the actual
salary of the respective department heads. Department head salaries are set pursuant to the
Resolution of the County of Butte Salary and Benefits of Butte County Appointed
Department Heads and the Resolution of the County of Butte Salary and Benefits of Butte
County Elected Officials {"Department Head Resolutions"). The salary on which the assistant
Non-Represented Classification Benefits Resolution (September 2011) Page 2
department head salary range is based shall include additional compensation of department
heads for special function./.s andlor 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. Tn the event that the department head salary is increased pursuant to the Department Head
Resolutions, the top salary of the affected assistant department head salary range shall be
adjusted pursuant to the established formula prescribed for each assistant department head. In
the event that the department head salary is decreased pursuant to the Department Head
Resolution, the assistant department head's salary shall not be adjusted until such time as the
department head's salary is adjusted to a level that warrants an increase to the salary range of
the assistant department head pursuant to the established formula prescribed for each assistant
department head.
c. Tn the event that a department head leaves County service and a replacement is hired at a
lower salary than the predecessor, the assistant department head's salary shall not be adjusted
until such time as the new department head's salary is adjusted to a level that warrants an
increase to the salary range of the assistant director pursuant to the established formula
prescribed for each assistant department head.
1.7 All other Non-Re resented Classifications
All other non-represented salaries shall be as indicated in Butte County Salary Ordinance for
non-represented classifications and may be adjusted as Department Head salaries change, at
which time the Board of Supervisors will consider maintaining the historical salary
relationships within the departments.
1.8 Cell Phone Allowance
At the option of the employee and with appointing authority approval, providing appropriate
funds have been budgeted, employee may opt to receive a monthly cell phone allowance of
seventy dollars ($70.00) for use of a privately owned cell phone to conduct County business.
1.9 Safe Footwear Allowance
County shall provide a reimbursement of up to one hundred dollars ($100A0) per fiscal year to
all employees in classifications where the nature of the work warrants it, and the County has pre-
approved anindividual's eligibility for the safety footwear allawance under this section. This
reimbursement shall be for either the purchase or repair of safety footwear bearing the American
Society for Testing and Materials (ASTM), but shall not exceed one hundred dollars ($100.00)
per fiscal year.
1.10 Travel Allowance and Milea a Reimbursement
a. 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
fifty dollars ($250.00) for all within-County travel. Additionally, employees included in this
resolution shall be reimbursed at the current IRS allowable rate for 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.
Non-Represented Classification Benefits Resoluiivn (September 2011) Page 3
b. Meal Reimbursement
Per diem for meal expenses incurred while traveling pursuant to Butte County policy may be
reimbursed, without receipts, up to the following maximums; receipts are not required to
receive the full day per diem where the employee is eligible to receive the full day's per
diem: Refer to Personnel Rules section 12.10 -Travel and Expenses.
1.11 Tuition Reimbursement
Upon written request of the employee and recommendation of the department head, employees
enrolled in accredited classes or courses which are directly job related to the employees' position
shall be entitled to reimbursement of one-half (112) of the cost of required instructional materials
ar tuition, upon proof of successful completion of the class or course, up to a maximum of five
hundred dollars ($500.00} per fiscal year. This program is subject to available funds and not to
be used in lieu of other programs.
1.11.1 Alternate Reimbursement for Tuition
Effective July 1, 200b, in lieu of 1.9 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 helshe
voluntarily leaves the employ of the County within three (3) years of receiving this
tuition reimbursement pursuant to this paragraph shall reimburse the County for the
tuition reimbursement received.
Same 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 or 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.
1,12 Standby PaY
a. Status
Employee shall be entitled to receive ffty 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 (S} hour shift fallowing the employee's normally assigned shift.
b. Res once 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.
1.13 Bilin ual Pa Differential
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
Non-Represented Classification Benefits Resolution (September2D11) Page k
day ($50.00 per pay period) of compensated service. The Director-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 na
less than an annual basis.
1.14 Moviz>t ex eases
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 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 five thousand dollars ($5,000.00) toward direct expenses incurred by the new
appointment inhis/her relocation to Butte County.
b. In return, employee must agree in writing to repay that amount to the County of Butte
should he/she voluntarily leave the employ of County of Butte within three (3} years of
his/her appointment to the position.
c. Same 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 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.
1.15 Tem ora Assi nment to a Hi her Paid Classifcatian
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
for a period of more than ten (10) cumulative working days or eighty {80) cumulative working
hours in a f scat year, the employee shall be entitled to be compensated with an additional five
percent (5%) over his/her current rate of pay, beginning with the eleventh (11th) day or the
eighty--first (81st} hour of the assignment. A continuous out-of-~-classification 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
Tune 1 S of one fiscal year and ended on duly 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~f-classification assignment occurred during the prior fiscal year would
commence receiving compensation as of the 11th day or eighty-first (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.
1.16 Information S stems Assi ment
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
Non-Represented Class'sficaiion Benefits Resolution (September 2011} Page 5
receive an additional five percent {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
supercede and take precedence:
2. TERMS AND CONDITIONS
2.1 Probationa A oinltments
In addition to the provisions found in the Personnel Rules under Sections 7.2, 7.2.1, 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-Human Resources, or in the case of the Human Resources
Department, by the Chief Administrative Officer. The Director-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-Human
Resources. Any job-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, and/or 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 is, eight {8} hours
per day.
2.3 Layoff
An appointing authority may initiate a layoff for a regular help position(s) due to administrative
reorganization, lack of work or appropriation by advising the Director-Human Resources of the
number of positions, classifications, department involved and the effective layoff date. The
Director-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.
Seniori List Score Com utation
a. Regular help employees appointed to a position with Butte County shall receive credit for
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
Non-Represented Classification Benefits Resolution (September 2011) Page 6
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 far each calendar month of regular help
employment, unless specified 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 points shall be subtracted from the seniority scare of an employee who was the
subject of a disciplinary action that was appealable {under Section 7.1 of this Resolution,
A eal of Disci lin Action and was not appealed or the disciplinary action was
sustained.
d. When two or more employees have the same total seniority score the tie shall be broken and
preference given in the following sequence:
l . 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-Human Resources.
Order of Se oration 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-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 score of the employee
5. formula by which the seniority score is computed
6. appeal rights of the employee
Nan-Represented Classification Benefits Resolution (5eptember2031) PagB 7
7. conditions governing retention on and reinstatement from reemployment lists, and
S. rules regarding waiver of reinstatement and voluntary withdrawal from the
reemployment list.
3.
3.1
Demotion in Lieu of Lam
lri 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 substantially
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 specified classes shall be applicable only within the department of layoff.
To be considered for 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.
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 (100%) of unused sick leave on accrual at the tune 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 or 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.
La off- Probation Em to ees
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 later
appointed from the eligible list, the appointment will be the same as far others appointed from
the Iist for the first time. Anew probationary period and other terms and conditions of a new
appointment shall apply.
LEAVES OF ABSENCE
Vacation Leave Accrual and Use
Employees shall be entitled to earn vacation according to the following schedule:
Amount of Continuous Coun Service
Up to 5 years of service
Beginning of 6~ year through end of 10~' year of service
Earned at the Rate of:
15 dayslyear (120 hours)
20 days/year (160 hours}
t~t°n-Represented Classification Benefits Resolution (September 2019) Page $
Beginning of 11`x' year through end of 20`x' year of service 25 dayslyear (200 hours}
21 years and over 27 days/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 commencing the calendar
year, an employee's vacation accrual shall not exceed twice the annual earnings.
3.1.1 Vacation Leave and New Hire Transfer From 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
(60} 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 Off cer or designee far approval and final processing.
3.1.2 Vacation Bu Back
Employees taking at least forty {40) hours of vacation time shall, concurrently, have the option
of requesting pay in lieu of time off far up to an additional forty (40} hours of accrued vacation
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 fscal 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 10 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, 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.
3.3 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 far 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
Non-Represented Classification benefits Resolution {September 2011) ~ Page 9
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 Em to ee 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.S Administrative Leave
The department head in his/her sale 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 xate of 3.6923 hours per biweekly pay
period {ninety-six [96] hours per year). Sick leave may be accumulated without limit during a
period of continuous employment.
3.6.t Sick Leave Bu -Sack O tion
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 for that portion over two
hundred and forty (240) hours at one-half (112} the normal rate of pay for the employee up to a
maximum of three thousand dollars {$3,000.00).
3.7 Holiday Leave
Designated holidays are as follows:
1)
2)
3}
4)
5}
6}
7}
8)
9)
14)
11)
12}
New Year's Day
Martin Luther King
Washington's Birthday
Cesar Chavez Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Past-Thanksgiving Day
Christmas Day
Every day appointed by the President, Governor, and the Board of Supervisors for a
public fast, thanksgiving, or holiday, when the day is celebrated as a State or Federal
holiday. Days declared as Federal holidays shall be observed as County holidays.
January 1
Third Monday in January
Third Monday in February
March 31
Last Monday in May
3uly 4
First Monday in September
November 11
Designated Thursday in November
Friday following Thanksgiving
December 25
When a designated holiday falls on Sunday, the fallowing Monday shall be observed. When a
designated holiday falls on Saturday, the preceding Friday shall be observed. A regular
employee required to work an 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, ar within
Non-Represented CEassif[catian Benefits Resolution (September 2011) Page 10
sixty (60) days following 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 workday immediately proceeding and the assigned woxkday immediately following
a designated holiday shall be entitled to compensation for the designated holiday.
Holiday Compensatisn, Regular employees required to work on a designated holiday or whose
regular scheduled day off falls an 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 {180) days following the designated holiday.
4. RETIREMENT
4.1 Ca1PERS Retirement Plan
Employee is eligible to participate in the County retirement program. as contracted through the
California Public Employees' Retirement System ("Ca1PERS"). The retirement program is
integrated with Social Security and the retirement benefit is based on the highest single year of
salary using the 2% @ SS formula far miscellaneous employees and 2% @ SO for safely
designated employees.
4.1.1 Retirement Contribution
Non-Safety Classifications:
Effective the first full pay period following adoption of this resolution, non-represented
employees will pay on a pre-tax basis two percent {2.0%} of salary for the employee
share of his/her Ca1PERS pension and the County will pay the remaining five percent
{S.0%} Of solar}'.
Effective the first full pay period including January 1, 2012, non-represented employees
will pay on a pre-tax basis four percent (4.0%} of salary for the employee share of
his/her Ca1PERS pension and the County will pay the remaining three percent {3%) of
Salary.
Effective the first foil pay period including January 1, 2013, non-represented employees
will pay on a pre-tax basis all seven percent (7%) of salary for the employee share of
his/her Ca1PERS pension.
Safe Classifications:
Non-Represented Classification Benefits Resolution (September2Dt1) Page ~ ~
Effective the first full pay period following adoption of this resolution, non-represented
employees will pay on a pre-tax basis two percent (2.0%} of salary for the employee
share of his/her Ca1PERS pension and the County will pay the remaining seven percent
(7.0%) of salary.
Effective the first full pay period including January 1, 201.2, non-represented employees
will pay on a pre-tax basis five percent (5°/a) of salary for the employee share of his/her
Ca1PERS pension and the County will pay the remaining four percent (4%} of salary.
Effective the pay period including January 1, 2013, non-represented employees will pay
on a pre-tax basis all nine percent {9%} of salary for the employee share of his/her
Ca1PERS pension.
4.2 Retirement Credit far Sick Leave
The Ca1PERS 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,
for those employees who do not use all of their accrued sick leave conversion option far sick
leave buy-back or health plan coverage, to that portion of the sick leave not actually used for the
selected option.
An employee may, upon retirement form the County under Ca1PERS, use any sick leave
accumulation not used as part of the calculated options for cash out or sick leave conversion as
service time, an accordance with the CaIPERS 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.
S. INSURANCE
5.1 Unemployment Insurance
Unemployment insurance is provided according to State law.
S.2 Health Dental Visioz- and Life Insurance
Employee is entitled to participate in a County sponsored Health Plan under the
County's CaIPERS contract and including dental, vision, and life insurance elements.
The employee pays a share of the premium or selects to receive the cash-back benef t 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,
Confidential & Supervisory Memorandum of Understanding ("MOU"). In no instance
shall anon-represented position receive a lesser benefit than that found in the Butte
County Management, Confidential & Supervisory MOU.
5.2.1 Retired Employee Options (for employees initially hired prior to January 1, 2010)
Employees initially hired prior to January 1, 2010, who retire under the provisions of the
County's retirement contract with Ca1PERS may continue to insure themselves and their
eligible dependents for the health benefit portion of the health plan by advising the Director-
Non-Represented Classlficati°n Benefits Resolution (September 2011) Page '[2
Human Resources and advancing the full premium for health only coverage in a manner
prescribed by the Director-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 Ca1PERS
shall be eligible for the health benefit only coverage for themselves (employee only) to
Medicare Supplemental Qualifying Age. Under the following conditions, Ca1PERS members
subject to this Resolution 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
specif ed in paragraph 3.6.1 of this resolution one of the following choices:
i. To receive one (1) month of reimbursable health only premium far each day (eight
hours) of sick leave on accrual at the date of retirement; or
ii. To receive one {1} month of reimbursable health only premium far each two and one-
half (2 112) days in excess of thirty (30) days accrued sick leave to cover bath employee
and spouse to Medicare Supplemental Qualifying Age; or
iii. One (1) month of reimbursable health plan benefts (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 benefts for each one and one-half days in excess of thirty (30) days accrued
sick leave to cover employee's spouse until the sick leave credit is exhausted or 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 Portability and Accountability Act (HIPAA}. 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. Right to continuation of
health coverage above is in addition to any rights the employee is entitled to under
COBRA.
5.2.2 Retired Employee Options (for employees initially hired January 1, 2010 or later}
Notwithstanding the provisions of 5.2.1, employees initially hired January 1, 2010 or later, who
elect to receive one month of reimbursable health-only premium in exchange for sick leave on
accrual as outlined in i., ii., and iii. immediately above, shall receive county premium
contribution at the rate of the HMO, Delta DPO, and Vision Service Plan premiums for such
coverage.
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.
Non-Represented Classification Benefits ResoSution (september 2011) Page 13
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:
c. 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.
d. An employee receiving disability benefit payments who fails to provide the Director-Human
Resources 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 this agreement and the
Director-Human Resources 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 AS$YSTANCE 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 • Relationship issues
• Alcohol Abuse • Drug dependency
• Financial and credit concerns • Emotional problems and stress
• Child care Elder care
• Pre-retirement planning • Federal taxpayer problems
• Legal issues and questions • Interpersonal conflicts
7. APPEAL & GRIEVANCE PROCESSES
7.I 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 Officer or designee, ox in the case of the Chief Administrator's Office,
to the Director-Human Resources. The appeal must be submitted within f fteen { 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 {10} working days after receiving the written appeal, the
Chief Administrative Officer (or Director-Human Resources) 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 Sezvices.
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 fallowing the
hearing render a decision as to whether the appeal is granted, denied, or modified to provide for
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
Non-Represented Classification Benefits Resolution {September 2011) Page 14
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 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 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 this procedure.
7.2.1 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.
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 Meetin .Prior to filing the formal grievance pursuant to Step 2 below,
the employee is required, within fifteen (1 S) 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 maybe 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
Non-Represented Classi5cation Benefits Resolution (September 2011) Page 15
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 Director-Human Resources. 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) calendax days after receiving the written grievance, the Chief
Administrative Officer (or Human Resources Director, which ever is
apprapriate) 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 (or Director-Human Resources
whichever is appropriate) 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 27th day of September, 2011, by the following vote:
AYES: Supervisors Connelly, Wahl, Kirk, Yamaguchi and Chair Lambert
NOES; None
ABSENT: None
NOT VOTING: None
o~~
Steve Lambe hair -Butte County
Board of Supervisors
ATTEST:
Paul Hahn
Chief Adm~m rative Officer
and Cl~ the,.~3oard of Su
Y
Non-Represented ClassiFcation Benefits Resolution (Septemher20l9) Page i6