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HomeMy WebLinkAbout13-177Resolution No. 13-177 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-Milias-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 13-067 has specified the salary and benefits entitled to appointed non-represented employees since May 2013; and WHEREAS, Resolution Number 13-067 superseded and replaced Resolution Number 11-105, specifying the salary and benefits entitled to non-represented employees, and WHEREAS, this resolution supersedes and replaces Resolution Number 13-067. 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 in the Butte County Management & Supervisory MOU): 1. COMPENSATION The Board of Supervisors shall establish the salary ranges or flat step salaries for non-represented classifications. The salary ranges for 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. 1.1 Initial Step 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 RESOLUTION OF THE COUNTY OF BUTTE REGARDING SALARY AND BENEFITS OF FOR NON-REPRESENTED CLASSIFICATIONS 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 classification and based upon merit, at the sole 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 (26) full pay periods of satisfactory performance in the current step, and upon the approval of the appointing authority. 1.3 Out of Sequence Step Increases In addition to the provisions of Personnel Rules governing merit advancement within range, the appointing authority may grant out of sequence merit advancements up to twice for an employee in a specific classification. 1.4 Cost of Livin¢ Adjustments The non-represented employees may receive cost of living increases equal to those that are given to Butte County Management & Supervisory bargaining unit employees at the discretion of the Chief Administrative Officer, with concurrence of the Board of Supervisors. 1.5 Wage Increases All wages in the salary/step schedule for Non-Represented Employees shall be increased by two percent (2%) effective December 21, 2013, notwithstanding section 1.6 below. All wages in the salary/step schedule for Non-Represented Employees shall be increased by an additional two percent (2%) effective December 20, 2014, notwithstanding section 1.6 below. The one time increases set forth in this section are stand alone and may result in an Assistant Director's salary temporarily being closer than the 20% and 25% differential outlined in section 1.6, below. Should a Department Head's salary be increased, section 1.6 shall apply, as applicable, and the range for the Non-Represented Employee's salary shall be adjusted again, consistent with section 1.6. 1.6 Salary -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 department head salary range is based shall include additional compensation of department heads for special functions and/or additional responsibilities on a permanent basis 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 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. In 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-Represented 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 Safety Footwear Allowance County shall provide a reimbursement of up to one hundred dollars ($100.00) 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 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 Mileage 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. b. Meal Reimbursement Non-represented employees shall comply with the Travel Policy contained in the Personnel Rules. 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 (1/2) of the cost of required instructional materials or 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, 2006, in lieu of 1.11 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 this 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 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 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. 1.13 Bilingual PaV Differential (Bilingual Premium) 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. Authorized time off of less than four consecutive weeks shall not affect the calculation of bilingual pay (approved vacation exceeding four weeks shall be excluded). 1.14 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 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 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 he/she voluntarily leave the employ of County of Butte within three (3) years of his/her appointment to the position. c. 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 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 Temporary Assignment to a Higher Paid Classification (Temporary Upgrade) 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 fiscal 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 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 1 lth 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 or eighty-first (81st) hour. This provision shall only be reported to PERS as pensionable compensation for Classic Members as defined by the Public Employees' Pension Reform Act (PEPRA). If anon-represented employee 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 Systems Assignment (Computer Operations Premium) 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 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 and/or 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 Probationary Appointments 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 9/80 schedules, 4/10 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 5/8 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. Seniority List Score Computation 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 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 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 score of an employee who was the subject of a disciplinary action that was appealable (under Section 7.1 of this Resolution, Appeal of Disciplinary 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: 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-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-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 7. 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 La~ff In lieu of being laid off, a regular employee may elect demotion to: 3. 3.1 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 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 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. Layoff -Probationary Employ 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 for others appointed from the list 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 County Service Earned at the Rate of: Up to 5 years of service 15 days/year (120 hours) Beginning of 6`h year through end of 10`h year of service 20 days/year (160 hours) Beginning of 11 "' year through end of 20"' year of service 25 days/year (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 Employer In addition to the vacation leave policy outlined in the Personnel Rules, 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 Officer or designee for approval and final processing. 3.1.2 Vacation Buy Back Employees shall, have the option of requesting pay in lieu of time off for up to a maximum of 144 hours of vacation time each calendar 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 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 Paid Administrative Leave The department head in his/her sole discretion, may, when extraordinary circumstances exist and necessary for the operation of the department, place an employee on paid administrative leave, subject to call. In the event an employee is placed on Paid Administrative Leave the following workday the employee's schedule shall be changed to Monday through Friday 8:OOam to S:OOpm. The employee shall remain available through his/her home telephone or cell phone during regular working hours, and is expected to respond to calls within one (1) hour of notification. Failure of an employee to respond to a call will result in either his/her accrued leave being utilized for the period of time that he/she did not respond, or he/she will be placed in anon-compensated status. In addition, a failure to respond when called will constitute a violation of the directive that that the employee remain available during regular working hours, and may result in the employee being subjected to disciplinary action, up to and including termination from employment. 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 [96] hours per year). Sick leave may be accumulated without limit during a period of continuous employment. 3.6.1 Sick Leave Buv-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 for that portion over two hundred and forty (240) hours at one-half (1/2) 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) 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 following 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 holiday, 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 (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 workday 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 (180) days following the designated holiday. 4. RETIREMENT 4.1 CaIPERS 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. Participation in the retirement plan shall be consistent with the requirements of the California Public Employees' Pension Reform Act of 2013 as it is currently enacted and as it is amended in the future, and its implementing regulations, referred to hereinafter collectively as "PEPRA". To the extent PEPRA conflicts with any provision of this Resolution, PEPRA will govern. a. "New Members" -For purposes of this section "New Member" is defined by PEPRA to be any of the following (statutory reference is to the California Government Code): (1) An individual who becomes a member of any public retirement system for the first time on or after January 1, 2013, and who was not a member of any other public retirement system prior to that date. (2) An individual who becomes a member of a public retirement system for the first time on or after January 1, 2013, and who was a member of another public retirement system prior to that date, but who was not subject to reciprocity under subdivision (c) of Section 7522.02. (3) An individual who was an active member in a retirement system and who, after a break in service of more than six months, returned to active membership in that system with a new employer. For purposes of this subdivision, a change in employment between state entities or from one school employer to another shall not be considered as service with a new employer. Non-represented employees who are "New Members", as defined above, are 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 average annual compensation over a three-year period and the 2% @ 62 formula (2.7% @ 57 safety formula). b. "Classic Members": For purposes of this section "Classic Member" is defined as a member who does not meet the definition of a "New Member" as defined by PEPRA. Non-represented employees who are "Classic Members", as defined above, are eligible to participate in the County retirement program as contracted through the California Public Employees' Retirement System ("CaIPERS"). The retirement program is integrated with Social Security and the retirement benefit is based on the highest single year of salary and on the 2% @ 55 formula (3% @ 50 or 2% @ 50 safety formula, depending on the job classification). 4.1.1 Retiremeut Contribution Non-Safety Classifications "Classic Members": Effective the first full pay period including January 1, 2013, non- represented employees will pay on a pre-tax basis seven percent (7%) of salary for the employee share of his/her Ca1PERS pension. "New Members": Effective the pay period including January 1, 2013, non-represented employees shall pay an amount that is equal to one half (1/2) the normal cost of his/hers Ca1PERS pension, or the current contribution rate of similarly situated employees, whichever is greater. Safety Classifications: "Classic Members": Effective the pay period including January 1, 2013, "Safety" members will pay on a pre-tax basis nine percent (9%) of salary for the employee share of his/her Ca1PERS pension. "New Members": Effective the pay period including January 1, 2013, the "Safety" members shall pay an amount that is equal to one half (1/2) the normal cost of his/hers Ca1PERS pension or the current contribution rate of similarly situated employees, whichever is greater. 4.2 Retirement Credit for Sick Leave The Ca1PERS contract allows unused accumulated sick leave to be converted to service time per the applicable provisions of the California Government Code. This option is available to all employees and limited, for 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 not actually used for the selected option. An employee may, upon retirement form the County under CaIPERS, 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 Ca1PERS 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 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 employer and employee contributions outlined in the Butte County Management, & Supervisory Memorandum of Understanding ("MOU"). In no instance shall anon- represented position receive a lesser benefit than that found in the Butte County Management & 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- 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 specified in paragraph 3.6.1 of this resolution one of the following choices: i. 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 ii. To receive one (1) month of reimbursable health only premium for each two and one- half (2 1/2) days in excess of thirty (30) days accrued sick leave to cover both employee and spouse to Medicare Supplemental Qualifying Age; or iii. 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 (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 (a date to be determined), 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 I, 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 Parties agree to continue to discussions regarding the SDI coordination process. 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: 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, and/or 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, and/or 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 • 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 7.1 Appeal of Disciplinary Action Step (I). 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, or in the case of the Chief Administrator's Office, to the Director-Human Resources. 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 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 I 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 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 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 I 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 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 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) calendar days after receiving the written grievance, the Chief Administrative Officer (or Human Resources Director, which ever is appropriate) 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 10th day of December, 2013 by the following vote: AYES: Supervisors Wahl, Kirk, Lambert, Teeter and Chair Connelly NOES: None ABSENT: None NOT VOTING: None L1cJlSC,. ~..D~r~¢JIJCw Bill Connelly, Chair - utte County Board of Supervisors ATTEST: Paul Hahn Chief A~pi 'strative Officer and Cl rk of the Board of Supervisors ~~ ~~1~ ~~~ zl~