HomeMy WebLinkAbout20-119Resolution No. 20-119
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-MU|as-Brown Act allows for full
communication between public employees; and
WHEREAS, NneMeyevs-Mi0as-8rownActprnvidaaforareesmmab|ennethodofresokvingdisputesregam1imgvvages
hours and other terms and conditions of employment; and
WHEREAS, pursuant to Government Code Section 3502, the classifications outlined in the Salary Ordinance as
Confidential are not represented by a recognized bargaining unit; and
WHEREAS, Resolution No. 19-025 has specified the salary and benefits entitled to Confidential employees.
NOW, THEREFORE, 8E IT RESOLVED by the Board of Supervisors of the County of Butte, State of California, that
this resolution supersedes aind replaces Resolution No. 19-025.
BEOFFURTHER RESOLVED, that the salaries, benefits, and terms and conditions ofemployment for Confidential
Classifications listed in the Butte County Salary Ordinance are hereby established as follows (and immoinstance shall the
Confidential unit receive a lesser cuma|etive benefit package than that agreed to by Butte County Memegement8^
Supervisory Unit):
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 28F, as adopted and amended by Board action.
The County has selected a qualified vendor to conduct a Countywide Classification and
Compensation Study which it will conduct atan appropriate and feasible time, the resuhs.of
which will be provided tpthe group.
1.02 Cell Phone Allowance
At the option of the employee and with appointing authority approval, employees may opt to receive
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 Milea a 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 lith 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 Training
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 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.
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 100 hours.
e) Use of Accumulated Com ensato Time Off CTO
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.
Once the employee has reached the cap of 100 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.
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.
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, the Chief Administrative Officer may authorize 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.O8 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 (S) 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.
Each regular help employee shall be granted a one-time Christmas Eve holiday on December 24,
2020. If Christmas Eve holiday is declared by the President and/or Governor, and the Board of
Supervisors as specified above, there will be no additional holiday time given.
3.15 Catastrophic Leave Pool Agreement
The donation of paid time program shall continue.
4.00 RETIREMENT
4.01 CaiPfRS 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% @ 62 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 salaryfar 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. Within the first thirty (30) days of employment, the
regular help employee must elect or decline health coverage. If an election is not made, the employee
will be presumed to have declined coverage and will be eligible at the next open enrollment or in
conjunction with a qualifying event. The effective date of coverage will be the first of the month
following thirty (30) days of regular help employment. Coverage will terminate on the last day of the
month following the employment termination month. The County must be notified of a Qualifying
Event within thirty (30) days of the date of the event, or otherwise as required by law. All
documentation/verification must accompany the request for 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 following plan year, unless a qualifying event,
as defined by the IRS, occurs. The fee for a third party administrator will be paid by the County.
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.
Effective the January 14, 2017, 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.
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) 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 5.01 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 HIPAA.
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 June 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.
6.00
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
• Alcohol Abuse
• Financial and credit concerns
• Child care
• Pre -retirement planning
• Legal issues and questions
5.08 Life Insurance
• Relationship issues
• Drug dependency
• Emotional problems and stress
• Elder care
• Federal taxpayer problems
• Interpersonal conflicts
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.
APPEAL AND GRIEVENCE PROCESSES
6.01 Appeal of Disciplinary Action
Ste (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.
Ste 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.
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.
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.
Step (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 1 above,
employee must submit a formal, written grievance on the prescribed form, clearly stating the
alleged misinterpretation or application of this resolution or the Personnel Rules including the
resolution being sought. As an alternative to proceeding directly to Step 3 below, the grievance
may be submitted to mediation conducted by State Mediation & Conciliation Services. This
option must be presented in writing to the Director -Human Resources within ten (10) calendar
days from the date a decision was rendered at the informal decision. As soon as practicable
thereafter, or as otherwise agreed to by the parties, a mediator shall hear the grievance. A
request for mediation will automatically suspend the normal processing of a grievance until
the mediation process is completed. The mediation process shall be optional, and any opinion
expressed by the mediator shall be informal and shall be considered advisory.
If the issue is not settled by the informal discussion or by mediation as outlined above,
itmay beformally submitted tnthe Chief Administrative Officer ordesignee, orimthe case nf
a grievance by an employee of the Chief Administrative Officer's, to the Director -Human
Resources. The grievance shaN be submitted within thirty (30) calendar days of the written
response to the informal meeting or conclusion of mediation,, and shall be submitted formal:ly
in writing stating the mature 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, xvhicheverisappropriate) 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 bythe Butte County Board of Supervisors this 15 thday of September, 2020, by the
following vote:
AYES: SupervisorsCVmne|ly, Lucero,Ritter, Teeter, and ChairLambert
NOES: None
ABSENT: Nome
ABSTAIN: Nome
Steve Lambedjdhair
Butte County Board of Supervisors