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Resolution No. 17-0112
RESOLUTION OF THE COUNTY OF BUTTE
REGARDING SALARY AND BENEFITS OF
NON-REPRESENTED CLASSIFICATIONS
WHEREAS, the Board of Supervisors is empowered to establish compensation for 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 16-130 has specified the salary and benefits entitled to
appointed non-represented employees.
NOW,THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Butte, State
of California, that this resolution will supersede and replace Resolution Number 16-130,
BE IT FURTHER RESOLVED that the salaries, benefits, and terms and conditions of
employment for Non-Represented Classifications listed in the Butte County Salary Ordinance are
hereby established as folllows (and in no instance shall the Non-Represented unit receive a lesser
cumulative benefit package than that agreed to by Butte County Management & Supervisory Unit):
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 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
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 Step 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 Living 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 an
additional three percent (3%) (from the wages identified on the January 2, 2016 Salary Ordinance)
effective December 3, 2016, notwithstanding section 1.6 below. 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 Non-Represented 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.
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 regarding 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
n#y 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 Pay 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 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).
If a non-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
supersede 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 Layoff
In lieu of being laid off, a regular employee may elect demotion to:
a. any position held by an employee with a lower seniority score in a class with 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 Employees
Probationary employees laid off shall have their names placed back on the eligible list from
which they were appointed providing it is still in existence. Should such employees be later
appointed from the eligible list, the appointment will be the same as for others appointed
from the list for the first time. A new probationary period and other terms and conditions of a
new appointment shall apply.
3. LEAVES OF ABSENCE
3.1 Vacation Leave Accrual and Use
Employees shall be entitled to earn vacation according to the following schedule:
Amount of Continuous County Service Earned at the Rate of:
Up to 5 years of service 15 days/year (120 hours)
Beginning of 6th year through end of 10th year of service 20 days/year (160 hours)
Beginning of 11th year through end of 201h 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 Carryover
Refer to Personnel Rules.
3.1.2 Vacation Payout
Upon termination an employee shall be compensated for all unused vacation accrual and
entitlement.
3.1.3 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.
3.1.4 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
8:00am 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 a non-compensated status. In addition, a failure to respond when called will
constitute a violation of the directive that 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.
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 Buy-Back Option
On retirement or termination in good standing, an employee who has on accrual more
than two hundred and forty (240) hours of sick leave may be compensated 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 preceding 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 ("CaIPERS"). 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 ("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% @ 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 ("Ca1PERS"). 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 Retirement 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 CaIPERS 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
CalPERS 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
CalPERS 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
CalPERS pension or the current contribution rate of similarly situated employees,
whichever is greater.
4.2 Retirement Credit for Sick Leave
The CalPERS 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 from the County under CalPERS, 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 CalPERS formula.
4.3 Deferred Income Pian
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 AND INSURANCE
5.2.1 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.
5.2.2 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 5.2.3. 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.
5.2.3_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 listed in the Flexible Benefits Options Exhibit. 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 Card Act Excise Tax
may have on either of the parties.
5.2.4 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) Part-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 5.2.1 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.
5.2.5 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 CalPERS 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 CalPERS
shall be eligible for the health benefit only coverage for themselves (employee only) to
Medicare Supplemental Qualifying Age. Under the following conditions, CalPERS 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 H1PAA. 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.
5.2.6 Retired Employee Options (for employees initially hired January 1, 2010 or later)
Notwithstanding the provisions of 5.2.5, employees initially hired January 1, 2010 or later,
who elect to receive one month of reimbursable health-only premium in exchange for sick
leave on accrual as outlined in i., ii., and iii. immediately above, shall receive county premium
contribution at the rate of the HMO, Delta DPO, and Vision Service Plan premiums for such
coverage.
5.3 Disability Insurance
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.
c. 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 participate in 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
included 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
7. APPEAL&GRIEVANCE PROCESSES
7.1 Appeal of Disciplinary Action
Step (1). Should the appointing authority impose disciplinary action in the form of
suspension, demotion, reduction in pay, or dismissal upon employee, employee may appeal
said action to the Chief Administrative 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.
7.2 Resolution of Conflict Not Related to Disciplinary Action -Grievance
It is the intent of this procedure to afford the parties the opportunity to resolve workplace
problems at the lowest possible level, and to thereby further the principles of developing
harmonious employer/employee relations.
An employee who presents a grievance shall not suffer reprisal or other punitive action by the
County because of the exercise of the right to present a grievance. The employee shall be
given reasonable time off without loss of pay or benefits to present the grievance to County
management pursuant to this procedure.
7.2.1 Definition and Scope of a Grievance
a. A grievance may be filed by the employee on a management interpretation
or application of this resolution or the Personnel Rules.
b. Specifically excluded from the grievance procedure are subjects involving
the amendment of state or federal law; Board of Supervisor's resolution,
ordinance or minute order; performance evaluations; denial of merit
increases; discriminatory acts; or other matters which have other means of
appeal.
7.2.2 Grievance Procedure Steps
The grievance procedure shall consist of the following steps, each of which
must be completed prior to any request for further consideration of the
matter.
Ste 1
Informal 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.
Step (2)
Formal Written Grievance. If the grievance cannot be resolved at Step I 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.
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 Wahll, Kirk, Lambert, Teeter and Chair Connelly
NOES:
ABSENT:
NOT VOTING: Bill Connelly, Chair
Butte County Board of Supervisors
ATTEST:
Paul Hahn
Chiu Administrative Officer
and Uerk of the Beard of Supervisors
By