(With 3/30/99 amendments)
COUNTY OF RIVERSIDE
AND
THE RIVERSIDE SHERIFF'S ASSOCIATION
OF RIVERSIDE COUNTY
Arbitration Third Step meeting in the Grievance Process; grievance heard by an outside neutral third party (Arbitrator).
Anniversary date shall mean the date upon which a step advance in salary becomes effective under the provisions of the Ordinance #440.
Continuous Service, Continuous Employment, and Similar Terms shall mean the continuing service of a permanent or seasonal employee in a continuing payroll status, without interruption except for authorized leave of absence.
Demotion shall mean a change of employment without intervening loss of working days from a position allocated to a given salary range to a position of a different class allocated to a lower range, whether in the same or a different department.
Discrimination Complaint filed by an employee alleging illegal discrimination based on race, color, religion, medical condition, disability, sex, national origin, ancestry, age, physical handicap, marital status, pregnancy, or other protected classification.
Employees shall mean all persons employed by the County of Riverside or the Riverside County Flood Control and Water Conservation District, other than officers.
First Step Meeting in the Grievance Process at the department level between a department representative and the employee, and/or Association representative. First Formal Step.
Full Time Employee shall mean employees whose positions require the number of hours usual or prescribed for normal permanent County employment. All positions shall be full time unless otherwise designated or unless the compensation is fixed upon the basis of part time work.
Part Time Employees shall mean employees in positions which are designated part time or for which compensation is fixed upon a basis of part time work.
Pay Period means 14 calendar days from Thursday (starting at midnight Wednesday) to midnight of the second Wednesday thereafter, and refers to the period for computing compensation due for all normal working shifts ending during that period.
Permanent Employee means a regular or seasonal employee who has completed the initial probationary period in a position, not including any incumbent of an at-will position.
Position shall mean any office or employment to which a group of duties and responsibilities is assigned or delegated by competent authority, the performance of which requires the full time or part time employment of one person.
Probationary Employee means a regular or seasonal employee who has not completed the initial probationary period as designated in this Agreement, in a paid status in a position following initial employment. Probationary employee also means a regular or seasonal employee who has not completed the required probationary period as designated in this Agreement, in a paid status in a position to which they have been promoted, transferred or demoted following completion of the initial probationary period.
Promotion shall mean a change of employment without intervening loss of working days from a position allocated to a given salary range to a position of a different class allocated to a higher range whether in the same or different department. The appointment of an employee to a position allocated to a higher salary range because of professional registration achieved by the incumbent shall not be deemed a promotion but a change in salary allocation.
Reclassification shall mean the reallocation of a position to a different class by a change of title and position specification, but does not necessarily involve a change of salary range.
Regular Position means a position established by this ordinance on an ongoing basis, as distinct from a seasonal or temporary position. Regular employee means a holder of a regular position.
Seasonal Employees shall mean employees whose employment is not continuous but is regularly recurrent in the same capacity because of particular functions which occur periodically each year; such employment may be permanent, but of an intermittent nature.
Second Step Meeting in the Grievance Process at the County Human Resources level; grievance is heard by a County Human Resources employee.
Temporary Employee means an employee who is not a regular or seasonal employee.
Transfer shall mean a change of employment without intervening loss of working days from a position allocated to a given salary range to a position of a different class allocated to the same range in the same department, or to a position of the same class, or a different class allocated to the same range, in a different department.
Working Day means each day on which an employee performs a normal working shift, and including holidays as specified herein which fall on days of a normal working shift.
ARTICLE I
TERMThis Memorandum of Understanding (MOU) sets forth the terms of agreement reached between the County of Riverside, (hereinafter referred to as County) and the Riverside Sheriff's Association of Riverside County (hereinafter referred to as RSA) as the Exclusive Employee Organization for employees in the representation unit described under Article 2, Recognition. This Memorandum of Understanding is in effect from December 31, 1998, through December 31, 2001.
Section 102. SUCCESSOR AGREEMENT
In the event either party desires to negotiate a successor Memorandum of Understanding, such party shall, no more than 6 months prior to the expiration of the current MOU request to commence negotiations.
ARTICLE II
WAGES & WAGE INCREASES
CLASS
C
O
D
ECLASS
T
I
T
L
ESALARY
R
A
N
G
E
S
T
A
T
U
S52221 Correctional Deputy I 231 L1 - 12 S 52222 Correctional Deputy II 287 L1 - 12 S 52227 Correctional Deputy II-S 296 L1 - 12 S 52225 Correctional Corporal 317 L1 - 12 S 52228 Correctional Corporal-S 326 L1 - 12 S 37500 Deputy Coroner I 274 L1 - 12 M 37501 Deputy Coroner II 300 L1 - 12 M 37509 Deputy Sheriff Trainee 307 M 37602 Deputy Sheriff 317 L1 - 12 S 37603 Deputy Sheriff A 322 L1 - 12 S 37681 Deputy Sheriff A-S 331 L1 - 12 S 37604 Deputy Sheriff B 327 L1 - 12 S 37682 Deputy Sheriff B-S 336 L1 - 12 S 37680 Deputy Sheriff S 326 L1 - 12 S 37660 District Attorney
Investigator332 L1 - 12 S 37661 District Attorney
Investigator A337 L1 - 12 S 37662 District Attorney
Investigator B342 L1 - 12 S 37502 Senior Deputy Coroner 315 L1 - 12 M 37664 Senior District Attorney
Investigator359 L1 - 12 S 37665 Senior District Attorney
Investigator A364 L1 - 12 S 37687 Senior District Attorney
Investigator A-II373 L1 - 12 S 37666 Senior District Attorney
Investigator B369 L1 - 12 S 37688 Senior District Attorney
Investigator B-II378 L1 - 12 S 37686 Senior District Attorney
Investigator II368 L1 - 12 S 37608 Sheriff's Investigator 332 L1 - 12 S 37609 Sheriff's Investigator A 337 L1 - 12 S 37684 Sheriff's Investigator AS 346 L1 - 12 S 37610 Sheriff's Investigator B 342 L1 - 12 S 37685 Sheriff's Investigator BS 351 L1 - 12 S 37683 Sheriff's Investigator S 341 L1 - 12 S 37601 Bailiff 283 L1 - 12 S S = Safety
M = MiscellaneousA. Effective December 31, 1998, the salaries for the above classifications shall be increased by 8 Salary Ranges (approximately 4.4%).
B. Effective June 3, 1999, the salaries for the above classifications shall be increased by 6 Salary Ranges (approximately 3.3%).
C. Effective August 26, 1999, the salaries for the above classifications shall be increased by 8 Salary Ranges (approximately 4.4%).
D. Effective June 1, 2000, the salaries for the above classifications shall be increased by 5 Salary Ranges (approximately 2.7%).
E. Effective May 31, 2001, the salaries for the above classifications shall be increased by 6 Salary Ranges (approximately 3.3%).
ARTICLE III
WAIVER OF BARGAININGThe parties acknowledge that during the negotiations which preceded this Memorandum, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law as a subject open to the meet and confer process and that the full and complete agreement and understanding arrived at by the parties after the exercise of that right and opportunity, is set forth in this Memorandum. Except as modified herein, or as otherwise required, by law, existing wages, hours and other terms and conditions of employment set forth in the County Salary Ordinance and related resolutions and regulations shall continue in effect. Terms used in this Memorandum shall have the same meaning as like terms used in the County Salary Ordinance and related resolutions and regulations. Both parties, for the life of this Memorandum, each voluntarily and unqualifiedly waive the right and each agree the other shall not be obligated to meet and confer with respect to any subject or matter not specifically referred to or covered in this Memorandum, even though such subjects or matter may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated and signed this Memorandum.
The parties shall jointly pay for the printing of the consolidated MOU with each party paying for the number of copies required for their use.
ARTICLE IV
WORKWEEK, OVERTIME AND PREMIUM PAYA. Work-Period. The normal work period shall be 10 working days of 8 hours each. The Department Head, with prior approval of the County Executive Officer and the Human Resources Director, may establish or eliminate a different bi-weekly work period of 80 hours after giving one pay period written notice to the representative, if any, of the employees affected.
B. Work Schedules
SHERIFF's DEPARTMENT
CORRECTIONS DIVISION: The work schedule for employees assigned to 24 hour fixed post floor operation positions in the Corrections Division shall consist of seven (7), twelve (12) hour work shifts during the designated 14 day bi-weekly work period. Effective December 31, 1998, or as soon as possible thereafter, the Sheriff's Department shall commence transitioning employees assigned to 24 hour Apost positions@ from the 4-10 schedule to this 7-12 schedule in a manner, and at times and locations, as determined by the Department. (NOTE: Fixed post floor operation positions are those assignments which require staffing 24 hours a day/7days a week).
In addition to the twelve hour shifts described above, RSA agrees that the Sheriff's Department may implement a work schedule for employees assigned to 24 hour fixed post floor operation positions in the Corrections Division consisting of six (6), twelve (12) and one (1), eight (8) hour work shifts during the designated 14 day bi-weekly work period when the Department determines that sufficient funding exists to staff a facility(ies) in that manner.
All other Corrections assignments shall continue on 9/80 or on a 5-8 schedule. It is not the intent of this agreement to arbitrarily change existing Corrections Division shifts that are not specifically mentioned.
An employee assigned to a 24 hour fixed post floor operation position in the Corrections Division shall be entitled to a thirty (30) minute lunch period. Such lunch period shall be exclusive of the twelve hours per shift described above and shall be without compensation provided the following conditions apply:
a. The employee is completely relieved of all duties; and,
b. The employee is free to leave his/her work place.In the event the employee is not completely relieved of all duties and free to leave his/her work place during his/her thirty minute lunch period, such time shall be considered as Atime worked@ and subject to the provisions of Section 2 (A.) Below.
CORONER DIVISION: The employees shall continue to work a 9/80 schedule or change to a 7-12 or 6-12, consistent with the Corrections Division schedule described above, as determined by the Sheriff-Coroner.
COURT SERVICES DIVISION: Court Services employees shall continue on a 5-8 schedule until such time as the court system allows for alternative shifts in which case they shall work an alternative shift compatible with court operations.
FIELD OPERATIONS DIVISIONS: All 24 hour operations shall continue to work on a 4-10 schedule except DARE and School Resource Officers who shall continue on a 5-8 schedule.
Investigators will continue on a 9/80 schedule and be allowed to take a half-hour lunch break, during which time they will be subject to call. This lunch period will be considered duty time.
ADMINISTRATIVE and SUPPORT DIVISIONS/OPERATIONS: Employees shall continue to work a 9/80 schedule.
DISTRICT ATTORNEY's OFFICE: District Attorney Investigators shall continue to work a 9/80 schedule.
Extra duty assignments will not be affected by this agreement.
A. Overtime Work Defined. Overtime work is authorized work in excess of 8 hours in one day, or in excess of the maximum hours of the established work day in other than a normal work period, or in excess of 80 hours in a work period (84 hours for employees on 12-hour shifts) or work performed when the employee is called back to meet an emergency on a holiday or is in a stand-by or professional call duty status. It does not include regularly scheduled work on a paid holiday for which the employee is entitled to equal compensatory time off. Except in emergency situations and court appearances, employees who have been pre-scheduled for vacation or compensatory time off shall not be ordered to work overtime if said overtime interferes with scheduled vacation or compensatory time off. B. Authorization for Overtime Work. Performance of overtime work may be authorized by the Board of Supervisors or by the department head or a designated subordinate. It shall not exceed 16 hours in any work period for any employee without prior approval of the County Executive Officer, except in case of public emergency or calamity or immediate hazard to life or property.
C. Department Record. Each department head shall keep complete and detailed records as to the attendance and pay status of each employee. This shall include actual hours of overtime work for each employee in each work week, with justification in each case, and shall also include compensatory time off. The daily record for an employee in a normal paid working status may be kept on a negative basis, that is, with no entry except for overtime, compensatory time off, sick leave, vacation, leave of absence and like items.
The initial record, any secondary records, such as a summary of the work week or of the pay period, or other compilation from the initial record, and the departmental copy of the attendance report for each pay period together with any subsequent correcting reports, shall be preserved and retained in a condition to be audited for the three most recent full fiscal years, and thereafter until any official inquiry concerning the same has been finally concluded.
D. Reporting and Calculation. Actual hours of overtime work shall be reported on each attendance report. The Auditor shall maintain the record of overtime credit at one and one-half times such actual hours. Actual hours of compensatory time off shall be reported on each attendance report. If payment is to be made, the number of hours of overtime credit to be paid for shall be specified.
E. Compensation for Overtime Work. Accumulated overtime credit in excess of 120 hours at the end of any pay period shall automatically be paid for. Accumulated overtime credit after 40 hours may, at the election of the employee, be accumulated as overtime credit as provided herein, or the employee may elect to be paid such overtime. If any employee is permitted to accumulate overtime credit in excess of 120 hours, the Department Head, within two weeks after such excess has been paid for, if the excess of 120 hours for any one employee equals or exceeds 4 hours, or if the aggregate overtime for the department equals or exceeds 8 hours, shall file a written report with the County Executive Officer and a copy with the Auditor-Controller, setting forth the number of hours paid for as to each employee and explaining the reasons for permitting such accumulation, and the Department Head's next succeeding pay check shall not be delivered until such report has been so filed; provided, however, if the Department Head operates from two or more budgets, the written report shall be applicable to each budget unit separately. Accumulated overtime credit of 120 hours or less may be taken in compensatory time off, and this method of reducing accumulated overtime credit is encouraged. With approval of the County Executive Officer, accumulated overtime credit of 120 hours or less may be paid for. Except as necessary in a public emergency, no Department Head shall permit overtime credit to accrue until it must be paid for unless at that time the employee has sufficient funds to make such payment and to meet the foreseeable departmental salary obligations for the remainder of the fiscal year. Paid overtime credit shall be at the hourly rate currently applicable to the employee. Upon termination, accumulated overtime credit shall be paid for. Overtime caused by duly authorized continuing and regular work periods longer than 80 hours or by seasonal overtime work, if authorized by the County Executive Officer in advance, shall be currently paid for.
Except as hereinafter provided, an employee with accumulated overtime credit of 120 hours or less may, and if requested by the Department Head, shall, no later than the next working day, specify the dates of at least two working days during the next succeeding pay period that the employee desires to take as compensatory time off. The Department Head may authorize compensatory time off for all or any portion of the dates specified. Unless otherwise agreed to by the employee, the Department Head shall not authorize compensatory time off of less than one hour during any working day. If an employee, after being requested by the Department Head, refuses or neglects to specify the time desired to be taken as compensatory time off as herein provided, the Department Head may schedule compensatory time off for the employee.
F. Compensation for Overtime Work - Correctional Deputies. Any Correctional Deputy I, II, or Correctional Corporal shall be entitled to overtime compensation in the following manner:
(1) Any time worked, or deemed to have been worked, in excess of an employee's regularly scheduled work shift shall be compensated at the rate of one and one-half times the employee's regular rate of pay, in compensatory time off.
(2) Prior to the expiration of any prescribed pay period in which any such overtime has been worked, the Department Head, or a designee, in their discretion, may require the employee to utilize such earned compensatory time off benefits in increments of one or more shifts. No such action may be taken by the Department Head unless the employee has been so notified prior to the termination of the previous working shift.
(3) At the expiration of each prescribed pay period, any such compensatory time off benefits that have not been utilized shall be paid to the employee by County Warrant or the employee may elect to accumulate compensatory time off benefits up to a maximum eighty (80) hours; except that a Correctional Deputy I, II, or III, may accumulate a maximum of one hundred and twenty (120) hours compensatory time off. The accumulated compensatory time off benefits set forth in this subsection (c) may only be utilized by mutual agreement of the employee and the Department Head or a designee.
(4) Accumulated overtime credit in the "overtime bank" shall be retained until the "overtime bank" has been exhausted.
G. Compensation for Overtime Work - Deputy Sheriffs. Any sworn peace officer, who is a member of the "Law Enforcement Unit" as defined in the Employee Relations Resolution of the County (Resolution 89-350) shall be entitled to overtime compensation in the following manner:
(1) Any time worked, or deemed to have been worked, in excess of an employee's regularly scheduled work shift shall be compensated at the rate of one and one-half times the employee's regular rate of pay, in compensatory time off.
(2) Prior to the expiration of any prescribed pay period in which any such overtime has been worked, the Department Head, or a designee, in their discretion, may require the employee to utilize such earned compensatory time off benefits in increments of one shift; provided, however, that no employee may be required to utilize more than one shift of any such earned compensatory time off benefits in any pay period. No such action may be taken by the Department Head unless the employee has been so notified prior to the termination of the previous working shift.
(3) At the expiration of each prescribed pay period, any such compensatory time off benefits that have not been utilized shall be paid to the employee by County Warrant or the employee may elect to accumulate compensatory time off benefits up to a maximum 120 hours. The accumulated compensatory time off benefits may only be utilized by mutual agreement of the employee and the Department Head or a designee.
(4) Accumulated overtime credit in the "overtime bank" shall be retained until the "overtime bank" has been exhausted.
H. Fringe Benefits not Affected by Overtime. Overtime work shall not be a basis for increasing vacation or sick leave benefits, nor shall it be a basis of advancing completion of required period for probation or salary step advance. Where overtime results from necessary irregular work schedules, it may be included in computing the minimum time for salary step advance which would otherwise be delayed beyond the normal period.
I. Overtime Provisions of the Fair Labor Standards Act. Employees in classifications which are not exempt from the Fair Labor Standards Act shall be compensated for overtime consistent with the Act. Such employees shall receive compensation for overtime worked under the foregoing County provisions when the hours worked are not considered overtime under the Act.
The Human Resources Director and County Counsel shall determine which classes of positions are exempt from the Fair Labor Standards Act.
J. Declared Natural Disaster In the event and during the period of an officially declared natural disaster affecting any portion of the County of Riverside, and notwithstanding any other provision of this Agreement, the following provisions shall apply:
(1) Any Officer, in order to perform the work of their department or a civil defense function, may employ emergency employees without reference to the salary or classification plans at rates which appear to be prevailing for the type of work to be performed at the time of their employment.
(2) For the same purpose, any Officer may employ on a paid overtime basis their current employees at hourly rates equivalent to their current compensation basis.
(3) Any employee who reports to their regular or a designated place of employment or to a civil defense assignment shall be deemed to be employed in their usual position in a regular payroll status. Any employee who without adequate reason for absence under the terms of this Agreement who fails to so report shall be deemed absent without authority and shall not be paid during such absence.
(4) The Board of Supervisors may authorize payment on paid overtime basis at the rate of one and one-half times the hourly rate equivalent to the employee's then current compensation basis for those employees set forth in Section 3C(13) and listed in Appendix I of the Ordinance #440, and who are required to perform emergency services during a County-declared emergency. "Emergency Services" as used in this subsection, shall be such services as the Board of Supervisors finds to institute such, at the time it authorized the payment thereof.
A. Standby Professional Call Duty. Whenever authorized by the Board of Supervisors by Resolution, and when placed by the Department Head specifically on standby or professional call duty, an employee otherwise off duty shall be paid one (1) hour pay for eight (8) hours of such duty beyond the regular work period in addition to the regular salary. Notwithstanding any other provision of this Agreement, District Attorney Investigators required to be on standby status between the hours of 5:00 p.m. Friday to 8:00 a.m. Monday shall be compensated for such service by an additional payment equal to one (1) hour straight time pay for each eight (8) hours of standby service. Said compensation shall be in addition to said employee's regular salary entitlement. Notwithstanding any prior work practice to the contrary, said compensation shall cease when said employee reports to work.
B. Minimum Overtime on Call-Back. Except as hereinafter otherwise provided, an employee called back to work to meet an emergency on an overtime basis, whether or not they are in a standby or professional call duty status, shall receive minimum credit for one hours' work.
Court Callback Notwithstanding any other provisions of this Memorandum, any member of the "Law Enforcement Unit" who is called back to attend Court in relation to a matter arising from their employment relationship with the County of Riverside at a time when they otherwise are off duty, shall receive a minimum of four (4) hours compensation at the appropriate overtime rate. A shift shall not be extended for the purpose of avoiding the payment of the four (4) hours of compensation provided herein.
C. Night Differential.
(1) No employee whose regular work period is other than 10 days of either 8 hours each, or whose position is in one of the following generic classes, shall be paid a night differential:
Deputy Sheriff Correctional Deputy I, II, or Correctional Corporal
(2) Professional call or standby duty shall not be a basis for payment of night differential.
(3) Deputy Coroner Provision: Evening Shift (swing). Notwithstanding other provisions of this Agreement, Deputy Coroners who commence work between the hours of 1:00 p.m. and 11:00 p.m. shall be paid a night differential at a rate of $.60 per hour for the time actually worked between 3:00 p.m. and 11:00 p.m. This differential does not apply to vacation, sick leave, or holiday pay.
(4) Deputy Coroner Provision: Night Shift (grave). Notwithstanding other provisions of this Agreement, Deputy Coroners who work between the hours of 11:00 p.m. and 7:00 a.m. shall be paid a night differential at a rate of $1.20 per hour for the time actually worked after 11:00 p.m. This differential does not apply to vacation, sick leave, or holiday pay.
D. Bilingual Pay. Each employee in the Law Enforcement Unit who has qualified in accordance with this section for bilingual compensation under this paragraph shall receive additional compensation of $.25 per hour for hours actually worked (excluding absences in a paid or unpaid status) not exceeding 80 hours per pay period.
An employee must perform bilingual translation as a part of their job function and regular duties at least 10% of the time or be the only employee with bilingual skills at a geographic work location per shift. An employee must be designated by the appointing authority. An annual audit may be required for the incumbent to continue to receive bilingual pay. Bilingual pay shall not be granted based on ethnic heritage alone.
An employee not receiving bilingual compensation shall not be expected to perform bilingual services.
A Department Head whose department has a substantial need for regular and frequent oral or written bilingual skill may make application to the Human Resources Director on a form supplied to them to authorize bilingual compensation for such employee.
The Human Resources Director may test the employee for bilingual skills. The methods shall be practical in nature and may involve any combination of written test, oral test, performance test, rating of education, training and experience. The Human Resources Director shall determine in accordance with standards established above (a) if the position held by the employee reasonably requires a specified language, either in the performance of the duties of said position or to assist other employees at the same work location, or both; and (b) whether the employee possesses sufficient bilingual skill readily to communicate orally or in writing in the second language. If the Human Resources Director finds compliance with both (a) and (b) above, the Human Resources Director shall certify the determination.
Upon approval by the Human Resources Director, the employee shall be authorized to receive bilingual compensation starting with the next pay period.
When the skill is no longer needed or the employee is not required to use it or ceases to possess it, the department head shall terminate the bilingual compensation by written notice to the Human Resources Director. The Human Resources Director may also terminate the bilingual compensation if the Human Resources Director makes a like determination, and shall notify the department head. In either case, the department head shall notify the employee.
Deputy Coroner Provision. Each employee who has qualified for bilingual compensation under this Agreement shall receive additional compensation of $.25 per hour for Class 1 and $.50 per hour for Class 2 for hours actually worked (excluding absences in a paid or unpaid status) not exceeding 80 hours per pay period.
For Class 1, an employee must pass an oral and/or written proficiency test or combination of tests and rating of education, training and experience as required by the Human Resources Director. An employee must perform bilingual translation as a part of their job function and regular duties at least 10% of the time. An employee must be designated by the appointing authority. An annual audit may be required for the incumbent to continue to receive bilingual pay.
For Class 2, an employee is required to pass a higher degree of oral and/or written proficiency test or combination of tests and rating of education, training and experience as required by the Human Resources Director. An employee must be required to perform bilingual translation before an officially convened court, appeals board, commission or hearing body in addition to their regular duties, or must be assigned to a position designated as requiring bilingual skills 50% or more of the time or 40 hours or more in an 80-hour biweekly pay period. The 50% usage requirement shall mean the actual time spent conversing, writing or translating in a second language. An employee must perform bilingual translation as a requirement of the job. An employee must be designated by the appointing authority. An annual audit may be required for the incumbent to continue to receive bilingual pay.
An employee not receiving bilingual compensation shall not be expected to perform bilingual services.
A Department Head whose department has a substantial need for regular and frequent oral or written bilingual skill of one or more employees may make application to the Human Resources Director on a form supplied to them to authorize bilingual compensation for such employee.
The Human Resources Director must test the employee for bilingual skills. The methods shall be practical in nature and may involve any combination of written test, oral test, performance test, rating of education, training and experience. The Human Resources Director shall determine in accordance with standards established above (a) if the position held by the employee reasonably requires a specified language, either in the performance of the duties of said position or to assist other employees at the same work location, or both; and (b) whether the employee possesses sufficient bilingual skill readily to communicate orally or in writing in the second language. If the Human Resources Director finds compliance with both (a) and (b) above, the Human Resources Director shall certify the determination to the Board of Supervisors for approval.
Upon approval by the Board of Supervisors, the employee shall be authorized to receive bilingual compensation starting with the next pay period. The Board of Supervisors may by resolution delegate this function to the Human Resources Director under such conditions as they deem appropriate.
When the skill is no longer needed or the employee is not required to use it or ceases to possess it, the department head shall terminate the bilingual compensation by written notice to the Human Resources Director. The Human Resources Director may also terminate the bilingual compensation if the Human Resources Director makes a like determination, and shall notify the Department Head. In either case, the Department Head shall notify the employee.
The Human Resources Director may designate an employee in the Human Resources Department or other County departments to perform bilingual skills for other County departments and districts where there is no one available in the requesting department.
E. P.O.S.T. Certificate Pay. The incumbent of a position in a Deputy Sheriff, Sheriff's Investigator, or D.A. Investigator classification who proves that they possess a valid Intermediate Certificate, but not an Advanced Certificate, issued to them by the Commission on Peace Officer Standards and Training of the State of California, shall be compensated at the rates applicable to the range which is five (5) ranges higher than that specified for such position. If they prove that they possess a valid Advanced Certificate issued to them by said Commission, whether or not they possess the Intermediate Certificate, they shall be compensated at the rates applicable to the range which is ten (10) ranges higher than that specified for such position.
The applicable rate for possession of the Intermediate Certificate shall be indicated in the Table and Index by the letter "A" following the class title, and for the Advanced Certificate, by the letter "B", each with an appropriate code number, but in the departmental sections the basic position code number and class title shall be deemed to include positions occupied by incumbents possessing either of said certificates.
Effective December 30, 1999 - Intermediate POST Pay for Deputy Sheriff, Sheriff Investigator, and D.A. Investigator classifications will be increased by 2% to 4.75%. The Advanced POST certificate will be 2.75% greater for a combined total of 7.5%. Also effective December 30, 1999, POST pay will be implemented for Deputy Coroners as follows: 2% for an Intermediate POST Certificate; an additional 2% for an Advanced POST Certificate (for a combined total of 4% for Advanced POST).
F. Special Assignments in Law Enforcement. Any sworn peace officer who is a member of the "Law Enforcement Unit" as defined in the Employee Relations Resolution of the County shall be entitled to specialty compensation in the following manner:
(1) Field Training Officer. Any such employee shall be compensated at the rate of $.80 per hour, plus overtime rates where applicable, for all time actually worked as a Field Training Officer; i.e., when a trainee is actually assigned. This differential does not apply to vacation, sick leave, Workers' Compensation leave or holiday pay.
(2) Hazardous Device Team. Any employee shall be compensated at the rate of $.55 per hour, plus overtime rates where applicable, for the time actually assigned to the Hazardous Device Team and an additional $.55 per hour for the time actually spent when required by the Sheriff's Office or other agency to handle a bomb or other explosive device. This differential does not apply to vacation, sick leave, Workers' Compensation leave or holiday pay.
(3) K-9. Any such individual shall be compensated at the rate of $.55 per hour, plus overtime rates where applicable, for all time assigned to K-9 duty, including vacation, sick leave, holiday pay and Workers' Compensation leave, provided, however, that this differential shall not be paid during Workers' Compensation leave where the individual is no longer responsible for caring for the dog.
Any Deputy Sheriff assigned to K-9 duty shall receive additional compensation, of approximately $70.00/pay period or $150.00 per month, computed at the hourly rate of $10.00 per hour, for not more than 30 minutes per day, for time directly spent in the care and feeding of the dog assigned to him or her. Such compensation shall not be paid for any day(s) on which the dog is not under the direct care of the assigned individual. Such compensation shall also not be paid for those days on which the individual and the assigned dog participate in K-9 training.
The provisions for Field Training Officer, Hazardous Device Team and K-9 above apply when such assignments have been authorized or verified by the Department Head or designee in writing.
(4) Motorcycle Officer. Any such employee assigned to work as a motorcycle officer shall be compensated at the rate of $.55 per hour, plus overtime rates where applicable, for all time actually worked as a motorcycle officer. This differential does not apply to vacation, sick leave, Workers' Compensation leave or holiday pay.
(5) Public Dance. A full-time Deputy Sheriff may be paid for extra duty as a Deputy Sheriff for Public Dance.
Removal from a specialty pay assignment is not a grievable issue under the Grievance Procedure unless it is alleged that the removal was a disciplinary or punitive action in which case the matter may be heard in the Disciplinary procedure.
(6) Emergency Services Team (EST) and Pilots - Effective December 30, 1999 - $50.00 per pay period. It is expressly understood that Emergency Services Team (EST) and Pilots are subject to rotation and removal from such duties at the discretion of the Department. The Department can require employees assigned these duties to sign waivers of their right to remain in these assignments as a condition of Emergency Services Team and pilot assignments.
G. Extra Duty Pay. The Sheriff is authorized to use the services of as many regular employees of the department as may be necessary for law enforcement purposes, by way of additional employment, during hours in which they would otherwise be off duty, at one and one-half times the actual rate or rates of pay for a Deputy Sheriff or Sheriff's Investigator so employed. At the Sheriff's sole discretion, a Sheriff's Investigator who is assigned by the Sheriff, or a designee, to perform supervisory functions over other Deputies shall be paid at one and one-half times their actual rate of pay; where such services will be of primary benefit to a private organization or agency operating or controlling a special event or activity which may have need of such services, and upon the condition that funds equivalent to one and one-half times the compensation of a Deputy Sheriff B on the top step, plus overhead as established by the current determination of the County Auditor-Controller, shall be paid to the County of Riverside.
The Sheriff is authorized to employ as many temporary employees as may be necessary for the purposes herein-above specified and under the same conditions, except that the rate of compensation shall be the hourly rate applicable to the 5th step of the range for a Deputy Sheriff or other equivalent range for services other than those of a Peace Officer. Extra Duty/Dance Duty will be offered first to Deputy and Investigator ranks. Any unfilled positions will be available to supervisors.
ARTICLE V
PAY PRACTICESA. The compensation of every person employed in a regular position on a step basis shall be considered for increase upon their anniversary date, exception as herein otherwise provided.
B. For employees appointed prior to June 25, 1992, and for Deputy Coroners appointed prior to January 9, 1992, to the classifications in the Law Enforcement Unit:
The first anniversary date shall be the first day of the pay period following the completion of 1040 hours (approximately 6 months) in a paid status in the position as a result of original appointment, or as the result of a promotion or reclassification which involved a salary increase. Re-employment at a rate other than that of the first step of a range shall not be considered an original appointment for purpose of fixing the anniversary date. In such cases the anniversary date shall be the first day of the pay period following 2080 hours (approximately one (1) year) in a paid status, not including overtime, after such re-employment unless otherwise specified in the resolution of the Board of Supervisors.
The second anniversary date shall be the first day of the pay period following the completion of an additional 2080 hours (approximately one (1) year) in a paid status, not including overtime, and subsequent anniversary dates shall occur at like intervals.
Employees appointed on or after June 25, 1992, and for Deputy Coroners appointed prior to January 9, 1992, to classifications in the Law Enforcement Unit:
The first anniversary date as a result of an original appointment shall be the first day of the pay period following the completion of 2080 hours (approximately one (1) year) in a paid status in the position not including overtime.
The first anniversary date as a result of promotion or reclassification which involved a salary increase shall be the first day of the pay period following the completion of 1040 hours (approximately six (6) months) in a paid status in the position not including overtime.
Re-employment at a rate other than that of the first step of a range shall be considered an original appointment for purpose of fixing the anniversary date.
The second anniversary date shall be the first day of the pay period following the completion of an additional 2080 hours (approximately one (1) year) in a paid status, not including overtime, and subsequent anniversary dates shall occur at like intervals.
The provisions of this section shall be subject to other specific provisions of this ordinance concerning change of anniversary dates. Two pay periods before the anniversary date of each employee holding a regular position on a step basis, except as to an employee compensated at the rate of the highest step, the Human Resources Director shall inform the Department Head in writing on an appropriate form that the employee will be eligible for salary increase.
Prior to the anniversary date the Department Head, after review with the employee involved, shall inform the Human Resources Director in writing on the appropriate form whether or not they allow the increase. If the increase is disallowed, the form shall contain the signature of the employee acknowledging notice of the disallowance and the reasons therefore. The Human Resources Director shall promptly act on each increase allowed and the employee shall be paid at the increased rate from the anniversary date. If, through error, the anniversary date of an employee is overlooked or a notice herein required is delayed or omitted, a resulting failure to increase the compensation may be cured by then taking the action hereinabove required, provided the same is completed within the next two pay periods after said action should have been taken, and the employee shall be paid at the increased rate from the anniversary date. If the Department Head disallows such increase, they shall review the matter at least quarterly, and may allow the increase effective on the first day of any pay period after that in which the increase could have been allowed. The responsibility for submitting a written allowance of increase, after disallowance, shall be with the Department Head. The anniversary date shall be postponed until an increase is allowed. Such salary increases shall be given only on the affirmative decision of the Department Head, which shall be made only on the basis of continued satisfactory performance in the position.
With the same procedures as in the foregoing paragraph, on the first day of the pay period following the completion of 1040 hours in a paid status, not including overtime, the salary of a seasonal employee may be increased. On the first day of the pay period following the completion of an additional 2080 hours in a paid status, not including overtime, the salary may again be increased, and thereafter in like intervals. The hours in a paid status need not be continuous, provided no interval of more than one year shall occur when the employee is in an unpaid status.
Every anniversary salary increase shall be to the rate of the second next higher step, except from the 8th step and thereafter, it shall be to the next higher step.
Except as otherwise provided by this Agreement, a new employee shall be appointed at the first step of the salary range. A Department Head may specify a higher step of the salary range for an employee who is newly hired, reemployed, rehired, or promoted, than the step which would be called for under provision of the Salary Ordinance #440. This discretion applies to regular and temporary promotions, but does not apply to transfers, demotions, or promotions through reclassification.
In addition, the County Executive Officer, on recommendation of the Human Resources Director, may specify that the incumbent of any position shall occupy a different step on the salary range for the class. Such action shall automatically fix a new anniversary date on the first day of the pay period which is 2080 hours (approximately 1 year) in a paid status after the resulting change of salary.
A. Upon recommendation of the employing Officer and approval of the Human Resources Director a former regular employee may be re-employed in the same class or position which they previously occupied, at the same step of the salary range as the step applicable at the time of termination, provided the individual was terminated in good standing.
B. Reemployment after military service shall conform to the requirements of the Military and Veterans Code, but in other respects shall be in accordance with this Memorandum of Understanding.
C. Whenever a former regular employee is or has been re-employed within three months after termination they may, on recommendation of the employing Officer and with the approval of the Human Resources Director and the County Executive Officer, be allowed accrued sick leave and accrued time toward earned vacation, not exceeding the amount thereof which was lost at the time of termination, and the anniversary date for step advance may be expressly fixed, subject to other provisions of this ordinance relating to delay and disallowance thereof, by allowing credit for all or a portion of the applicable period of service prior to said termination.
D. Reemployment of Retired Persons. An employee who is retired under the State Employees Retirement Act and who is receiving retirement benefits shall not be employed or reemployed in any position for compensation without the prior written approval of the Human Resources Director. Consistent with the requirements of the State Employees Retirement Act for discontinuance of retirement benefits, the retiree may be employed or re-employed.
The Human Resources Director may allow the employment or reemployment for up to 120 working days or 960 hours in any calendar year, without loss of benefits, as specified in Section 21153 of the Government Code. That section permits the temporary employment only during an emergency to prevent stoppage of public business, or because the restored employee has skills needed in performing specialized work of limited duration. During the employment or reemployment the retiree is to be paid at a rate not less than the minimum, nor more than that paid other employees performing comparable duties.
When a retiree under the State Employees Retirement Act is employed or re-employed, the retirement status must be specified in the documentation of appointment to a permanent or temporary position.
E. District Attorney Investigator Reemployment Provision. Retirees from the District Attorney Investigator series may be reemployed by the District Attorney in a temporary status, pursuant to Riverside County ordinance #440, Section 5D(4), which limits the employment and its duration as follows:
A...up to 120 working days or 960 hours in any calendar year, without loss of retirement benefits, as specified in Section 21153 of the Government Code. That section permits the temporary employment only during an emergency to prevent stoppage of public business, or because the restored employee has skills needed in performing specialized work of limited duration...@
On promotion, the new salary shall be at the rate equal to 2 steps higher than that paid on the range for the former position. The effective date of all promotions shall coincide with the first day of the pay period. The anniversary date shall be determined as if the date of promotion were the date of employment.
On transfer, the salary shall be the same as that paid previously. The anniversary date shall not change.
A. On demotion, the salary shall be at the rate of the same step on the new range as was applicable to the previous range. The anniversary date shall not change. The effective date of all demotions shall coincide with the first working day of a pay period.
B. Permanent employees who, within 2080 hours following a promotion, voluntarily demote to their previously held classification may return to the step of the previously held classification from which they promoted. Demotion under this section shall be with the mutual agreement of the employee and involved Department Head(s) and an opening must exist. The anniversary date shall not change.
C. Non-disciplinary demotion to Correctional Deputy. Employees who hold status as a Deputy Sheriff, but have never held status as a Correctional Deputy (CD), and wish to voluntarily demote to CD, may do so under the following conditions:
1. Request and receive approval for the demotion through their chain-of-command.
2. The Sheriff's Department will administer the STC required entry level CD examination to the employee as necessary.
3. If the employee passes the examination, they will be demoted to a CD II.
In addition, any employee who demotes from Deputy Sheriff to Correctional Deputy, who has successfully completed a probationary period as a Deputy Sheriff in Corrections, does not have to serve another period of 18 months, but rather will serve a probationary period of 6 months (approximately 1040 hours).
A. The salary of an incumbent of a position reclassified to a class on the same salary range shall not change. The anniversary date shall not change.
B. The salary of an incumbent of a position reclassified to a class on a higher salary range shall be at the rate which is 2 steps higher, or immediately greater than 2 steps higher, than that paid on the range of the former position, where the new range is able to accommodate the increase.
The anniversary date shall be determined in accordance with subdivision (2) of subsection B of this section, except that the first anniversary date shall be the first day of the pay period following the completion of 1040 hours (approximately 6 months) in a paid status, not including overtime, in the new classification. Thereafter, anniversary dates shall be on the first day of the pay period following each additional 2080 hours (approximately 1 year) in a paid status.
C. The salary of an incumbent of a position reclassified to a class on a lower salary range shall not change unless such salary would exceed the maximum of the new range, in which event it shall be reduced to the maximum. The anniversary date shall not change.
D. The effective date of a reclassification shall coincide with the first working day of a pay period.
Section 8. TEMPORARY PROMOTION
A regular employee may be promoted on a temporary basis to fill a vacant position as a result of a leave of absence of the incumbent of that position, or pending appointment of another person to that position. Such promotion is designated "temporary promotion". The salary of an employee temporarily promoted shall be determined as if the temporary promotion were an original appointment to the position.
When the absence ceases or the vacancy is filled, the employee shall return to their regular position, and their salary and anniversary date shall be redetermined as if the temporary promotion had not occurred. Any step increases which would have been due in his/her regular position shall be allowed.
Section 9. CLASSIFICATION PROCEDURE
The following shall serve to satisfy the alleged working out of classification questions:
County Salary Ordinance provides that the Human Resources Director has responsibility for initiating classification studies and recommending changes to the Classification Plan.
As part of the responsibility, and within the limits of Human Resources Classification Division staff resources, the following procedure will apply to employees of the Law Enforcement Unit:
If a Department Head has twice refused to refer to the Human Resources Department an employee's written request for a classification review of the specific position, the employee may prepare a written request for a classification review to RSA. RSA may refer such written request to the Human Resources Director.
The Human Resources Director shall take one of the following actions: (1) Refer the request to the Classification Division for study; or (2) Return the request to RSA with an explanation for non-action. Note: Requests referred to the Classification Division are subject to the same discretionary judgments regarding priority as other requests.
Section 10. CONFORMANCE TO PLAN
No regular employee shall be assigned to exercise the powers or perform the duties of any classification other than their own classification for an accumulated period of 480 hours or more during any one calendar year. Such accumulated hours of such assignment(s) shall be credited toward qualifying experience for possible promotion only when such assignments have been authorized or verified by the Department Head or designee in writing.
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