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Resolution No. 17-008
RESOLUTION I OF THE COUNTY OF BUTTE
REGARDING SALARY AND BENEFITS OF
CONFIDENTIAL CLASSIFICATIONS
WHEREAS, the Board of Supervisors is empowered to establish compensation for
Confidential 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, puirsuant to Government Code Section 3502, the classifications outlined in
the Salary Ordinance as Confidential) are not represented by a recognized bargaining unit.
WHEREAS, Resolution 16-129 has specified the salary and benefits entitled to
Confidentialemployees.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Butte,
State of California, that this resolution supersedes and replaces Resolution Number 16-129.
BE IT FURTHER RESOLVED, that the salaries, benefits, and terms and conditions of
employment for Confidential Classifications listed in the Butte County Salary Ordinance are
hereby established as follows (and in no instance shall the Confidential unit receive a lesser
cumulative benefit package than that agreed to by Butte County Management & Supervisory
Unit):
1..00 COMPENSATION
The Board of Supervisors shall establish the salary ranges for Confidential classifications.
The salary ranges for Confidential employees are listed in the Salary Ordinance, Section
57F, as adopted and amended by Board action.
1.01 Compensation Increases
All wages in the salary/step schedule for Confidential employees shall be increased by
an additional three percent (3%) (from the wages identified on the January 2, 2016
Salary Ordinance) effective December 3, 2016. Further, all wages shall be adjusted on
the applicable wage schedule to normalize a 5%differential between steps and 2.5%
between ranges.
All wages in the salary/step schedule for Confidential employees shall be increased by
an additional one percent (1%) (from the wages identified on the January 2, 2016 Salary
Ordinance) effective January 14, 2017. This increase is in exchange to a reduction in
health contributions of$81/month, also effective January 14, 2017.
All wages in the salary/step schedule for Confidential employees shall be increased by
an additional three percent (3%) effective December 2, 2017.
All wages in the salary/step schedule for Confidential employees shall be increased by
an additional three percent (3%) effective December 1, 2018.
1.02 Cell Phone Allowance
At the option of the employee and with appointing authority approval, employees may
opt to receive a monthly cell phone allowance of seventy dollars ($70.00) for use of a
private owned cell phone to conduct County business.
1.03 Travel Allowance and Mileage Reimbursement
Refer to the Travel Policy in the Personnel Rules for provisions other than set forth
below.
1.03.1 Mileage Allowance
a) An employee who has received authorization to use a privately owned
vehicle for County business shall be reimbursed at the current IRS rate
for each mile driven on County business during the month.
b) Effective with the adoption of this resolution an employee who, during
any month, is required to and provides a privately owned vehicle for
County use in seven of ten days of their regular work schedule days
during the month shall receive a flat taxable payment of Fifty Dollars
($50.00) per month. This amount is pro-rated for less than full time
employees, i.e., Twenty-Five Dollars ($25.00) per month for a fifty
percent (50%) employee. Employees shall receive, in addition, the
current IRS rate per mile for all miles traveled on County business
during the month.
Providing the vehicle shall be defined as having the vehicle available at
the employee's work site during the employee's assigned working
hours. Authorized time off of less than two (2) consecutive pay periods
shall not affect calculation of vehicle availability, The department head
shall be responsible for initial certification and decertification of an
employee's eligibility for a vehicle under this section.
C) Pursuant to the Travel Policy contained in the Personnel Rules, an
Affidavit of Insurance is required to be on file for the Vehicle Allowance
and for mileage reimbursement.
The County shall pay deductible expenses to a maximum of Five
Hundred Dollars ($500.00) when employees, using their own vehicles,
are involved in an accident on County business. This provision shall not
apply, however, in cases where the accident was caused by the gross
negligence of the employee.
1.04 Tuition Reimbursement
Upon written request of the employee and recommendation of the Department Head
and with prior written approval of the Chief Administrative Officer, 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 $500 per fiscal year. This program is subject to available funds and not to
be used in lieu of other programs.
In lieu of the 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 (including at least one (1) year in the department) of
receiving this tuition reimbursement pursuant to this paragraph shall reimburse the
County for the 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 resolution as provided by law.
1.05 Bilingual Premium
Refer to the Personnel Rules.
1.06 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, (or eight (8) cumulative working days) 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 (1) 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
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).
1.07 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 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 (2) consecutive pay periods.
1.08 Precinct Officers
Nonexempt employees who volunteer for reassignment as an Inspector or Clerk or
other designated titles and serve on Election Day will receive their normal day's pay,
plus the Board approved poll worker stipend for the assigned title.
1.09 Professional Development and Trainin
The County Director of Human Resources will provide a training program for
Confidential employees to improve skills and knowledge in such areas as employee
supervision, performance evaluation, non—discriminatory selection, worker's
compensation and unemployment insurance processes, discipline and employee
relations. The Director of Human Resources shall survey all employees regarding training
needs prior to scheduling any training programs. The Director of Human Resources shall
make a reasonable effort to schedule training in accordance with expressed employee
desires. Employees in the following grouping (upon approval of the appointing
authority) shall be eligible to be reimbursed for, or have paid on their behalf by the
County, one hundred percent (100%) of the professional license or certificate fees
required as a prerequisite to their position:
—Attorneys
Other classifications/positions may be added to the grouping upon written agreement
of the parties.
1.10 Standby Pax
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.
BE IT FURTHER RESOLVED, that Confidential 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 supersede and take precedence:
2.00 TERMS AND CONDITIONS
2.01 Work Schedules
Except as provided below, the normal work schedule shall be 8:00 a.m. to 5:00 p.m.
each day of the year except Saturdays, Sundays and holidays. The normal work schedule
shall be eighty (80) hours per biweekly pay period for a full-time employee. Except for
overtime, callback and standby assignments, departments that necessitate a different
operational schedule shall maintain and post an employee assignment schedule. No
employee, except in case of emergency, shall be required to work a different work
schedule than assigned unless the employee has been notified at least ten (10) days in
advance of the change in work schedule.
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 8:00am to 5:00pm.
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 a non-compensated status. In addition, a failure to respond
when called will constitute a violation of the directive that the employee remains
available during regular working hours, and may result in the employee being subjected
to disciplinary action, up to and including termination from employment.
2.02 Alternate Work Schedules
Upon the recommendation of a department head, flex-time, job-sharing and voluntary
reduced work hour's programs may be established, after consultation with the Director
of 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.
2.03 Work Locations
If an employee is being assigned to work in a different work location in excess of ten
(10) miles and for a period of time that will exceed two consecutive biweekly pay
periods, said employee must be provided notice of at least ten (10) working days in
advance of the change in work location. For temporary reassignments of less than two
(2) consecutive pay periods, mileage shall be paid pursuant to the County's travel policy.
2.04 Overtime
a) Eligible Positions
All positions in classifications designated by the Director of Human Resources as subject
to the overtime provisions of the FLSA shall be eligible for overtime. Exceptions may be
made for individual positions within a classification. When the appointing authority,
using the exemption definitions in the FLSA, certifies in writing the specific position is
exempt, copies of the appointing authority's decision shall be delivered to the Director
of Human Resources and the employee.
b) Overtime Defined
Overtime is any work rounded to the nearest fifteen (15) minutes in excess of the
normal assigned workday or eight (8) hours per day or forty (40) hours per week. For
employees whose normal assigned work day is in excess of eight (8) hours, overtime
shall be work rounded to the nearest fifteen (15) minutes in excess of the normally
assigned hours. For the purpose of calculating overtime, all paid time off with the
exception of sick leave, shall be considered time worked.
Employees required to work overtime shall be permitted a one-half hour paid meal
break for each four (4) hour segment, of such overtime worked. For example, an
employee who works eight (8) hours shall be entitled to one-half hour paid meal break
during the first four (4) hours worked and a second one-half hour paid meal break
during the second four (4) hours worked. This Section shall not apply to employees on
call, or employees attending or traveling to meetings or training sessions.
c) Overtime Authorization
Employees shall be required to work overtime when assigned by the appointing
authority or designated representative. No employee shall work overtime without prior
approval of the appointing authority or designated representative.
d) Overtime Compensation
Employees shall be compensated for overtime at one and one—half (1— 1/2) times their
regular rate of pay. Overtime compensation may, at the discretion of the employee, be
paid with regular wages in the pay period in which it was earned or be credited as
Compensatory Time Off(CTO) to a maximum of 80 hours.
e) Use of Accumulated Compensatory Time Off(CTO)
1. An employee who has requested use of accumulated CTO shall be permitted
by the appointing authority to use such time within a reasonable period
unless the request unduly disrupts departmental operations.
2. Once the employee has reached the cap of 80 hours of CTO, the appointing
authority may require the employee to take off any excess hours during the
workweek in which it is earned. Any CTO accumulation in excess of the 80-
hour cap that is not taken in the workweek in which it is earned, shall be paid
with regular wages in the pay period in which it is earned.
3. An employee who has accumulated CTO shall, upon termination from County
employment, be paid for the CTO with the termination pay settlement.
f) Fringe Benefits Not Affected By Overtime
Overtime work shall not be a basis of increasing vacation, sick leave, or other benefits,
nor shall it be the basis for advancing completion of the required period for probation or
salary step advancement.
g) Call Back
A non-exempt employee who is required to physically return to work shall receive either
a minimum of two (2) hours straight time pay or time off for time actually worked, or
time and one—half pay for time actually worked, or CTO for the time actually worked,
whichever is greater and be entitled to receive mileage reimbursement pursuant to the
County Travel Policy. A non-exempt employee handling a phone call not requiring that
he/she physically return to work shall be entitled to the minimum overtime payment.
The employee receiving a call during normal sleeping hours shall be entitled to a one (1)
hour straight pay minimum or time and one—half (1-1/2) pay or CTO for the time
actually spent on a call, whichever is greater.
h) Prior Administrative Leave Accrual
Any employee covered by the overtime provisions of this Section, shall not be eligible to
receive administrative leave credit.
i) Overtime Exempt Employees
Overtime exempt employees receive Administrative Leave in lieu of overtime. Section
2.05.02 provides for provision of additional Administrative Leave for employees working
extraordinary hours on an extended basis.
2.05_Administrative Leave for Exempt Employees
2.05.01 Regular Administrative Leave
Employees exempt from paid overtime shall earn seven (7) days (56 hours) of
administrative leave per year as specified in Section 11.14 of the Personnel
Rules accumulated to a maximum of forty—four (44) days. Employees who
terminate from the County in good standing shall be compensated for any
administrative leave accrued under this section, up to the maximum accrued
amount.
2.05.02 Extraordinary Circumstances
In extraordinary circumstances, a Department Head may recommend to the
Board of Supervisors that additional administrative leave be granted to an
employee(s). Extraordinary circumstances shall mean circumstances involving
extended periods of very long hours. The additional leave shall not be
construed to constitute overtime compensation nor shall it be construed to
compensate employees on an hour for hour basis.
2.06 Layoff Policy
Refer to the Personnel Rules.
2.07 Performance Evaluation and Denial of Step Increases
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.
2.08 Extra Help Work
Regular County employees may work as extra help when:
1) The extra help work is voluntary; and
2) The work is in a different occupational category
3.00 LEAVES OF ABSENCE
3.01 Vacation Leave Accrual and Use
Refer to the Personnel Rules.
3.02 Vacation Carryover
Refer to Personnel Rules.
3.03 Vacation Payout
Upon Termination an employee shall be compensated for all unused vacation accrual
and entitlement.
3.04 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 the
availability of funds.
3.05 Sick Leave Accrual. Use and Buy Back
Refer to the Personnel Rules.
3.06 Bereavement Leave
Refer to the Personnel Rules.
3.07 Family Leave
Refer to the Medical Leave Policy as found attached to the Personnel Rules.
3.08 Salaried Employee Leave
Exempt 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 in
such situations.
3.09 Paid Administrative Leave
An appointing authority or designated representative, in his/her sole discretion, may,
when extraordinary circumstances exist and it is necessary for the operation of the
department, place an employee on paid administrative leave, subject to call.
3.10 Industrial Disability Leave with Pay
Refer to the Personnel Rules.
3.11 Industrial Disability Leave Without Pay
Refer to the Personnel Rules.
3.12 Military Leave
Refer to the Personnel Rules.
3.13 Jury and Witness Leave
Refer to the Personnel Rules.
3.14 Holiday Leave
Refer to the Personnel Rules.
3.15 Catastrophic Leave Pool Agreement
The donation of paid time program shall continue.
4.00 RETIREMENT
4.01 Ca1PER5 Retirement Plan
Employee is eligible to participate in the County retirement program as contracted
through the California Public Employees' Retirement System ("CalPERS"). 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.
Confidential 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 ("CaIPERS"). 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% @ 52 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.
Confidential 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.
4.02 Retirement Contribution
"Classic Members": Effective the first full pay period including January 1, 2013,
Confidential employees will pay on a pre-tax basis seven percent (7%) of salary for the
employee share of his/her CaIPERS pension.
"New Members": Effective the pay period including January 1, 2013, Confidential
employees shall pay an amount that is equal to one half (1/2) the normal cost of
his/hers CaIPERS pension, or the current contribution rate of similarly situated
employees, whichever is greater.
4.03 Retirement Credit for Sick Leave
An employee may, upon retirement from the County under PERS, use any sick leave
accumulation in accordance with one of the following options:
1. Sick leave accumulation reported to PERS for service credit.
2. Sick leave conversion to purchase continued health, dental and vision coverage
as outlined in Section 5.05. Any remaining sick leave after conversion to be
reported to PERS as service credit.
3. 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).
Employees must make their election when they retire and may not later change their
election. Employees may not cash-out sick leave at retirement in combination with any
of the first two options.
4.04 Deferred Compensation Plan
Employee may participate in an IRS Section 457 Deferred Compensation Plan up to the
maximum allowed by the law.
5.00 HEALTH AND INSURANCE
5.01 Health Plan
Employee Health Plan Eligibility. All regular employees assigned to a one-half(1/2)time
or more position and the employee's dependents, including registered domestic
partner, shall be entitled to participate in the County-sponsored group Cafeteria Plan.
Employees working less than full-time and hired after November 1, 1987, shall receive
prorated health contributions rounding to the nearest one quarter time; i.e., either fifty
percent (50%), seventy-five percent (75%), or one hundred percent (100%) of the
County contribution for full-time employees. Eligible employees enrolling in the
program within sixty (60) days following their appointment will be covered subject to
the contract limitation with the health plan carriers. Coverage shall commence when the
employee is eligible for coverage under PERS rules and the health plan carriers' rules.
Employees enrolling after the sixty (60) day enrollment period will be eligible for
coverage on the first day of the month following a ninety (90) day waiting period which
will begin upon receipt of all necessary enrollment documents by the Human Resources
Department, unless the employee can certify a qualifying loss of other coverage.
5.02 Description
The Butte County Flexible Benefits Plan consisting of the Tax Deferred Medical Premium
option, the Dependent Care Reimbursement option and the un-reimbursed Health Care
Cost option, (hereafter "Cafeteria Plan") is available to all employees in regular-help
positions (hereafter "employee"). There will be two (2) participation levels, identified as
Employee "A" and Employee "B" as per Section 5.03. Once the selection is made, it will
remain in force until the current calendar year end and when a selection is made during
the following year's open enrollment period. The fee for a third party administrator will
be paid by the County. The medical premium option (employee enrolled in health plan)
will be the default option and remain in effect until and/or unless changed by the
employee.
The basic group term life insurance will continue to be provided at County expense and
will not be part of the Cafeteria Plan.
5.03 Participation Levels
Employee A- CORE PLAN
Employees who elect Option A to participate in the County sponsored medical plan will
receive the County health benefits flex contribution (as specified below) to be utilized to
purchase their selected medical plan and cannot be cashed out. In the event that an
employee selects a medical plan that results in an excess County contribution,that
excess contribution will be deemed a non-health flex contribution that may be taken as
taxable income or applied to pre-tax dental, vision or other alternative approved
benefits. Should an employee decline County sponsored medical coverage, such
employee will receive a cash-in-lieu payment if the employee complies with the
requirements outlined in Option B below.
The County will pay to Employee's Flexible Benefit Account the following amounts for
employees who election Option A:
Employee only $ 543.78
Employee plus one $1,002.30
Family $1,288.41
The above amounts include the PEMHCA minimum which is paid outside of the County's
Section 125 plan.
Effective the first billing cycle for the 2017 health benefits plan year, the County
contribution will be as follows:
Employee only $ 624.78
Employee plus one $1,083.30
Family $1,369.41
The above amounts include the PEMHCA minimum which is paid outside of the County's
Section 125 plan.
Effective the January 14, 2017,the County contribution will be as follows:
Employee only $ 543.78
Employee plus one $1,002.30
Family $1,288.41
The above amounts include the PEMHCA minimum which is paid outside of the County's
Section 125 plan.
Employees, regardless of medical plan participation status, are eligible to enroll in the
County's dental and/or vision programs. Employee contributions for dental and vision
will be deducted from employee's regular payroll on a pre-tax basis. Employees that
have elected Option A can also elect to participate in optional benefits. If the employee
has any surplus Flexible Benefit Account credits after making all elections required to
participate in the health insurance, the employee can use that surplus toward the
Flexible Benefit Options. Employees that wish to participate in the optional benefits in
the plan, with the exception of the cash back option, but do not have any surplus
credits, can elect to have pre-tax payroll deductions in an amount to cover the cost of
their elections.
Premium Holiday: In the event that a "premium holiday" is declared by the County's
health plan administrator or provider in which health plan premiums are not required to
be paid for a period of time, the following shall occur:
a) the County shall retain ownership and sole rights to the County's monthly
contributions, as stated above, for this period;
b) employees shall not be required to contribute their portion of monthly premiums
for this same period.
Option B - FLEXIBLE BENEFIT OPTIONS
Employees who decline County sponsored medical coverage and elect Option B must
provide the following in order to receive the cash-in-lieu:
(1) proof that the employee and all individuals for whom the employee intends to claim a
personal exemption deduction ("tax family"), have or will have minimum essential
coverage through another source of group health insurance (coverage not obtained in
the individual market or through Covered California)for the plan year to which the opt
out arrangement applies ("opt out period"); and
(2)the employee signs an attestation that the employee and his/her tax family have or
will have such minimum essential coverage for the opt out period. An employee must
provide the attestation every plan year at open enrollment or within 30 days after the
start of the plan year. The opt-out payment cannot be made and the County will not in
fact make payment if the County knows that the employee or tax family member doesn't
have such alternative coverage, or if the conditions in this paragraph are not otherwise
satisfied.
Employees hired on or before December 31, 2013, will receive an employer flex credit
monthly contribution of Four Hundred Three Dollars and Thirty-Four Cents ($403.34)
per month for "employees" who elect and satisfy the requirements outlined above for
Option B. Employees hired on or after January 1, 2014, will receive an employer flex
credit monthly contribution to Two Hundred Dollars ($200) per month for employees
who elect and satisfy the requirements outlined above for Option B.
Effective January 14, 2017 (February 3, 2017 pay day), employees hired on or before
December 31, 2013, will receive an employer flex credit contribution of one hundred
eighty-six dollars and sixteen cents ($186.16) per pay period for "employees" who elect
and satisfy the requirements outlined above for Option B. Employees hired on or after
January 1, 2014, will receive an employer flex credit contribution to ninety-two dollars
and thirty-one cents ($92.31) per pay period for employees who elect and satisfy the
requirements outlined above for Option B.
Employees may elect a pre-tax deduction (through regular payroll or cash-in-lieu)to
purchase any of the Flexible Benefit Options. Should an employee receive cash-in-lieu
that is not utilized for Flexible Benefit Options, the amount will be included as taxable
income.
The County will meet and discuss any impacts that the Affordable Care Act Excise Tax may
have on either of the parties.
5.04 Administration
a) No benefits will be paid to employees in Option B until all requirements outlined in
the Flexible Benefits—Option B section have been met
b) hart-time regular help employees will receive proportional benefits as provided in
this Resolution. For purposes of benefit plan eligibility, all employees assigned to a
one-half(1/2) time or more position, who are in a compensated status or
uncompensated status on a qualified leave of absence, and the employee's
dependents, including registered domestic partner, effective January 1, 2005 pursuant
to Family Code Section 297.5 shall be entitled to participate in the county's Flexible
Benefits Plan. Employees working less than full-time, with no qualifying leave or
accrued leave usage, shall receive prorated benefits or pro-rated funding of county
share, rounding to the nearest one-quarter time; i.e., either fifty percent (50%), for
employees working thirty-six (36) hours to forty-five (45) hours per payroll period;.
seventy-five percent (75%), for employees working forty-six (46) to sixty-four (64)
hours per payroll period; or one hundred percent (100%), for employees working
sixty-five (65) hours or more per payroll period. This pro-rated amount is in addition to
the regular employee share.
This section does not affect part-time employees grandfathered into full-time benefit
status under Section 5.01 of this resolution.
c) Any money deposited in the Flexible Benefits Account of an employee must be used
during the plan year; otherwise, the remaining balance reverts to the County. Upon
separation, the money will be disbursed in conformance with the rules and
procedures explained to and authorized by the employee at the time of his/her
enrollment.
5.05 Retired Employee Options
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 for the health, dental and vision benefit portion of the
health plan by advising the Director of Human Resources and advancing the full health
insurance premium permitted by law. The retiree's share of premium for the health
benefit must be paid monthly and the premiums for vision and/or dental benefits
must be paid quarterly for the employee (and dependents, if applicable).
Employees with ten (10) years or more of compensated 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.
For up to the first year of retirement, PERS members subject to this Resolution shall
be entitled to twelve (12) months of reimbursable health premiums immediately
following retirement.
In addition, employees may choose one of the following two options:
1) to receive one (1) month of reimbursable health only premium for each
day of sick leave on accrual at the date of retirement; or
2) 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 of 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 H1PAA. The sick leave
originally allocated for the coverage of the employee's spouse shall be forfeited 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.
Effective January 1, 2010, the sick leave conversion above, at the time of retirement
will be calculated at the Employee A — Core Plan amount, which is the Blue Shield
HMO, Delta DPO and Vision Service Plan premiums.
Employees hired after lune 30, 2010 are not eligible for the conversion of sick leave to
health insurance or one year's paid health coverage as outlined in this Section.
After a retired employee's death, the retiree's spouse may use remaining sick leave,
subject to the provisions of this section, to purchase medical benefits if the retiree
elected survivor benefits for the retiree's PERS retirement pension and any other
applicable requirements. Under this provision,the spouse may purchase one month of
medical benefits for one and one-half days of accrued sick leave up to Medicare
Supplemental Qualifying Age. Unused sick leave hours remaining upon a retiree's
death, a retiree achieving Medicare Supplemental Qualifying Age or a spouse
achieving Medicare Supplemental Qualifying Age may not be cashed-out or converted
to another benefit.
5.06 disability Insurance
Parties agree to continue discussions regarding the SDI coordination process.
a) Each regular employee shall be required to participate in the Disability
Insurance Plan ("the Plan"). Premiums will be paid totally by the employees
through payroll deduction. Required participation means that the employee
must make payroll contributions to the Plan but application to receive
disability payments benefits under the Plan is purely discretionary on the
part of the employee.
b) The Disability Insurance Plan shall be integrated with the County's sick leave
plan and the employee(s) shall be allowed to use all accrued time available
in addition to sick leave for each disability.
c) An employee receiving disability benefit payments who fails to provide the
Human Resources Department 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 resolution and the Human Resources
Department 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.
d) The County shall continue to explore possible simplification of Disability and
Workers' Compensation salary integration procedures.
e) The Confidential Unit and County have agreed to contract with SDI for short
term disability insurance. The parties implemented State Disability
Insurance effective November 1, 2001.
5.07 Employee Assistance Program
Employee and eligible family members are entitled to participate in the County's
Employee Assistance Program in accordance with the terms of the agreement
between the County and the vendor. Services available to employees and eligible
family members include but are not limited to 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
5.08 Life Insurance
The County shall maintain in effect existing twenty-five thousand ($25,000) dollar life
insurance policy. The County shall maintain a program whereby employees may buy
additional life insurance at group rates through the County.
6.00 APPEAL AND GRIEVENCE PROCESSES
6.01 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, 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 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 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.
6.02 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.
6.02.01 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.
a. 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.
6.02.02 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 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, andl any opinion expressed by the mediator shall be informal
andl shall be considered advisory,
Step (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, whichever 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 January 2017 by the following vote:
AYES: Supervisor Wahl, Kirk, Lambert, Teeter and Chair Connelly
NOES: None
ABSENT: None
NOT VOTING: None
Bill Connelly, Chair V
Butte County Board of Supervisors
ATTEST:
Paul Hahn
Chief Administrative Officer
and CI k of thard of Supervisors
By cj