(With 3/30/99 amendments)
COUNTY OF RIVERSIDE
AND
THE RIVERSIDE SHERIFF'S ASSOCIATION
OF RIVERSIDE COUNTY
ARTICLE VI
GENERAL PERSONNEL PROVISIONSA. Initial Probationary Status. Each regular and seasonal employee shall be in an initial probationary status from the effective date of their initial employment in a position in a paid status until the required initial probationary period, and any extension, is completed without separation from County employment.
Computation of the initial probationary period in a paid status does not include overtime, standby, on-call or military leave of absence. A regular or seasonal employee who has not completed the initial probationary period, or a temporary employee, serves at the pleasure of the department head and may be released from employment without cause. These employees are not entitled to the review procedure provided for in this Agreement.
B. Length of Initial Probation. The length of the initial probationary period for persons in classes of the following representation units is:
Deputy Sheriff 3120 hours (approx. 18 months) Correctional Deputy I/II 3120 hours (approx. 18 months) Deputy Sheriff Trainee 1040 hours (approx. 6 months) Deputy Coroner 1040 hours (approx.6 months) All other classes in the
Law Enforcement Unithours (approx. 12 months) Initial Probation - Deputy Sheriff. Notwithstanding any other provisions hereinabove, the probationary period for any Deputy Sheriff shall be 3120 working hours of service in a paid status in said position after initial employment.
C. Extension of Initial Probation. The initial probationary period of an employee may be extended by the employing Department Head with the approval of the Human Resources Director, except for employees in classes represented by the Law Enforcement representation unit. Extensions of an initial probationary period are discouraged and must be approved by the Human Resources Director or a designee in writing at least 80 hours before the end of the existing initial probationary period. Approval is made on a case-by-case basis and only for rare and extenuating circumstances.
The initial probationary period for Deputy Coroners may be extended in 520 hour increments up to 2 times. A 1040 hour initial probationary period may be extended once to 1560 hours or twice to a total of 2080 hours. A 2080 hour initial probationary period may be extended once to 2600 hours or twice to 3120 hours. If an employee changes classification by promotion, transfer or demotion during initial probation, extensions may also be made in the class to which promoted, transferred or demoted.
D. Initial Probationary Period Affected by Change in Class. An employee who has not completed the initial probationary period, and who promotes or transfers to another class, will continue to serve initial probation for 1040 hours following the change. If the class to which the employee promotes or transfers requires 2080 hours initial probation, the employee will serve 1040 hours or the difference between 2080 hours and the number of actual hours in a paid status, whichever is greater, following the change.
An employee who has not completed the initial probationary period, and who demotes to another class, will continue to serve initial probation to include the required length of initial probation for the class from the date of the demotion. The employee will be credited for any previous initial probationary hours served in the same class and same department during the current period of continuous service. E. Probation of Permanent Employees following Change in Class or lateral Transfer. All regular employees of the County who promote, demote, or transfer to Correctional Deputy or Deputy Sheriff must serve the entire initial probationary period for the classification (3120 hours or approximately 18 months).
During the first 1040 hours of service in a paid status following a promotion, transfer or demotion, a regular employee who held permanent status at the time of the promotion, transfer or demotion shall, upon the department head's request, be returned to a position in the previously held classification in the former employing department. If the return involves a change in class, the salary step shall be the same step which the employee held immediately prior to the promotion, transfer or demotion, and the employee's anniversary date will be redetermined based on the number of hours of service the employee had in step at the time of promotion, transfer or demotion. Computation of the probationary period in a paid status does not include overtime, standby, on-call or military leave of absence.
During the first 1040 working hours of service in a paid status following a promotion, a regular employee who has been promoted from another department or within the same department and who held permanent status at the time of promotion shall, upon being rejected as a probationary promotee, be returned by the department head to a position in the previously held classification in the former employing department without loss of seniority at the same step which the employee held immediately prior to the effective date of the promotion, and the employee's anniversary date shall be redetermined based upon the number of hours of service the employee had at the time of promotion.
During the first 1040 working hours of service in a paid status following a transfer, a regular employee who has been transferred from another department or within the same department and who held permanent status at the time of transfer shall, upon being rejected as a probationary transferee, be returned by the department head to a position in the previously held classification in the former employing department without loss of seniority and with no change in step placement or anniversary date; provided, however, when the transfer is made to a different classification, the employee's anniversary date shall be determined based upon the number of hours of service the employee had in step at the time of transfer.
F. Employment of Relatives. Except as otherwise provided herein, no person shall be denied the opportunity for employment or continued employment because such person is related to any person presently employed by the County of Riverside; provided, however, in no instance, shall a County officer or employee execute direct supervision over or initiate or participate in decisions (including but not limited to initial employment, retention, promotion, or work assignments) specifically pertaining to another County employee who is related within the first degree of consanguinity whether by blood or marriage. Whether by blood or marriage shall mean husband, wife, father, mother, brother, sister, son, daughter, son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, sister-in-law.
(The following paragraph applies to all classifications except the Deputy Coroner). Should such relationship occur, the Department Head or a designee may cause either employee to be transferred, re-assigned, or have their work location or shift assignment changed. Until the Department Head or designee selects one of these alternatives, the employees shall maintain their existing status. The affected employee may elect to demote to a position for which they are eligible and selected in lieu of any of the above alternatives. If the affected employee refuses to accept any of the available options, they shall be subject to termination based upon the continuing relationship.
Deputy Coroner Provision. Should such relationship occur, the employee(s) may promote, transfer, or voluntarily demote to position(s) which the employee is eligible and selected to fill. The promotion, transfer or voluntary demotion must be accomplished by the employee within 1040 (approx. 6 months) working hours.
Payment of Employee Retirement Contributions.
A. Safety Members. The following provisions are applicable to County safety employees in the Law Enforcement Unit whose classifications are so designated by the letter S in the APERS STATUS@ column of Article II of this MOU.
1. County Contributions. A County safety employee in the Law Enforcement Unit hired after June 25, 1992, who did not transfer from another public agency that paid a portion or all of the required employee retirement contribution to the applicable retirement system, shall pay the entire required employee's contribution to PERS for the first three (3) years (6,240 hours) of continuous service. Thereafter, the County shall pay the entire portion of the employee's required contribution not to exceed 9% of the employee's compensation earnable. Continuous service shall mean the continuing service of a regular or seasonal employee in a continuing payroll status, without interruption, except for authorized leaves of absence.
With respect to safety employees who transfer from another public agency that paid some or all of the employee's required retirement contribution to the applicable retirement system, during each month of the first three (3) years of continuous service with the County, as described above, the County shall pay that portion of an employee's required retirement contribution equal to the difference between the employee's required contribution and the amount, if any, the employee paid to the retirement system during the last month of their previous employment. For example, if an employee paid no part of the required employee retirement contribution during the last month of their previous employment, the County shall pay the entire amount of the required employee contribution not to exceed 9% of the employee's compensation earnable. After completion of three (3) years continuous service with the County, as described above, the County shall pay the entire portion of the employee's required contribution.
2. Single Highest Year. The provision of Section 20042 of the Public Employees' Retirement Law (Single Highest Year) shall apply to safety employee members.
3. 1959 Survivor Benefits. The provisions of Section 21571 of the Public Employees' Retirement Law shall apply to safety employee members.
4. Pre-Retirement Optional Death Benefits. The provisions of Section 21548 of the Public Employees Retirement Law (Pre-Retirement Optional Death Benefit) shall be applicable to safety employee members of the Law Enforcement Unit.
5. Retirement Calculations. The percentage of final compensation to be provided for each year of credited prior and current service for Safety members of RSA shall be determined in accordance with Section 21362 of the Public Employees Retirement Law (2% at age 50 Full).
B. Miscellaneous Members. The following provisions are applicable to County miscellaneous employees in the Law Enforcement Unit whose classifications are so designated by the letter M in the APERS STATUS@ column of Article II of this MOU.
1. Single Highest Year. The provision of Section 20042 of the Public Employees' Retirement Law (Single Highest Year) shall apply to miscellaneous employee members hired on or before December 25, 1992. 2. Three Highest Year Average. Effective January 9, 1992, the County amended its contract with the Public Employees Retirement System (PERS) in accordance with Section 20475 of the Public Employees' Retirement Law to provide for the three highest years average retirement calculation, Section 20037 of the Public Employees' Retirement Law, for new County miscellaneous employees in the Law Enforcement Unit hired on or after December 26, 1992.
3 County Contributions. County miscellaneous employees in the Law Enforcement Unit hired after January 9, 1992, shall pay the employee contribution to PERS for the first five (5) years (10,400 hours) of continuous service. Commencing the sixth year of continuous service, the County shall pay the employees share of the contribution. Thereafter, the County shall pay the entire portion of the employee's required contribution not to exceed 7% of the employee's compensation earnable. Continuous service shall mean the continuing service of a regular or seasonal employee in a continuing payroll status, without interruption, except for authorized leaves of absence.
4. Retirement Calculations. The percentage of final compensation to be provided for each year of credited prior and current service for Miscellaneous members of RSA shall be determined in accordance with Section 21354 of the Public Employees Retirement Law subject to the reduction provided therein for Federal Social Security (2% at age 55 Modified and Full).
C. All Members The following provisions are applicable to both safety and miscellaneous employees covered under the provisions of this MOU.
1. Post-Retirement Survivor Allowance. Pursuant to the provisions of Sections 21624 and 21626 of the Public Employees' Retirement Law, an allowance may be continued to a surviving spouse upon the death of a member after retirement.
2. Purchase of Military Service Credit as Public Service. Pursuant to Section 21024 of the Public Employees' Retirement Law, an employee may elect to purchase up to four years of service credit for any continuous active military or merchant marine service prior to employment provided, however, that the employee must contribute an amount equal to the contribution for current and prior service that the employee and the County would have made with respect to that period of service.
Public Employees Retirement System Safety Employees Optional Pick-up. Effective July 1, 1993, the current practices and previous MOU agreements on this subject shall be changed to conform with PERS Circular Letter No. 310-171, dated December 22, 1992.
Should legislation be passed resulting in changes to PERS policy and/or regulations on "final year conversion", and such changes are announced in a PERS Circular Letter, the parties shall meet and confer upon written request of either party within 30 days of such request.
Section 3. RETIREMENT SUPPLEMENT PLAN.
Effective the first pay period in January, 1997, the County will begin making a contribution of 2.5% of RSA's gross regular salary payroll into a retirement supplement plan. This plan will be subject to the approval by the County of Riverside County Counsel and will be available to employees who are a minimum of age 50 (except for Deputy Coroners who will be a minimum of age 55) and have had ten years of employment with the County of Riverside in a RSA represented classification. Employees who have occupied a current RSA represented position for at least ten years are qualified to receive these benefits regardless of the length of time the position has been in the bargaining unit. Any future classifications that are added to RSA are not automatically qualified to receive this retirement benefit.
If it is determined that this retirement supplement plan cannot be implemented, the County will add an additional step to the current salary ranges for all RSA represented classes in lieu of the retirement supplemental plan.
Section 4. ELECTRONIC FUND DEPOSIT OF PAYROLL
Employees hired after September 1, 1993, shall be required to receive payroll funds by electronic deposit.
All existing employees as of September 1, 1993, shall have the option of having payroll funds deposited through electronic deposit or by County warrant.
Effective September 1, 1993, those employees electing electronic deposit of payroll shall receive a Statement of Earnings (pay stub) through confidential inter-departmental mail. The Statement of Earnings will be deposited in the inter-departmental mail system on the same date as the electronic deposit.
Also, effective September 1, 1993, those employees who do not elect electronic deposit will continue to be paid by County warrant deposited in the U.S. mail with postage fully prepaid on the normal pay day. Pay warrants will be mailed to the last known address on file with the Human Resources Department. It shall be the responsibility of the employee to update their address of record with the Human Resources Department as required.
County Facilities.
Smoking in County facilities is prohibited except in specifically designated areas. Department heads or their designee shall identify smoking areas. Examples of areas that may be designated include: coffee rooms, cafeteria, foyers, lounges.
In shared buildings or floors, department heads or their designees will jointly identify common smoking areas. This policy shall apply to County employees and the general public.
The County may designate up to 75% of its unassigned vehicle fleet as no smoking areas. In the remainder of the County fleet, if a non-smoker objects to smoking the no smoking rule will apply. Assigned vehicles are smoking or non-smoking at the discretion of assignee.
Each department must have a written smoking policy. If there is no smoking allowed in your department or certain buildings or areas, make that declaration. If there are exceptions, you must identify rooms or areas within each building, whether County owned or leased, where smoking is allowable including shared areas, i.e., stairwells, hallways, rest rooms, etc.
It is the responsibility of the department head and departmental supervisors to enforce the non-smoking policy of the County.
In order to assist employees, the County has instituted a Stop Smoking Program for employees. Employees are authorized to attend the program without charge and on County time. Employees who continue to smoke in non-designated areas may be subject to discipline under the County Disciplinary Procedure up to and including discharge.
Section 6. SCHEDULED WORK AND VACATION CHANGE NOTICE
No change shall be made to an employee's work schedule unless that employee has received five (5) days advance notice and no change shall be made to an employee's scheduled use of any earned vacation benefits unless that employee has received thirty (30) days advance written notice provided that the giving of such notice may be suspended while the following circumstances exist:
a) Staffing levels are projected to be abnormally low for at least one work period.
b) The County is operating under an emergency condition. An emergency condition is defined as any specific unusual occurrence, unusual event or situation, such as, but not limited to, localized natural disasters, riots or extended breaches of the peace that require additional staffing of personnel to control the situation.
The requirement of giving advance notice of a work schedule change shall be satisfied by posting the change on the official bureau or station work schedule; provided that, in addition, every effort shall be made to afford the employee with at least five days advance actual notice, either in person or by telephone. The Sheriff's Department shall post an official work schedule at each bureau and station.
c) The Sheriff is authorized to place on stand-by duty such personnel as maybe required for response to calls from members of the public at resident locations or establish stations or to perform field evidence technical services, outside of normal duty hours, estimated to be a total of approximately six shifts per day.
Section 7. VETERANS PREFERENCE
The Human Resources Administration under Section 3.B. of Ordinance #440 is designated a merit system. Appointments, promotions, demotions, transfers and dismissals shall be made on the basis of merit and ability. Each officer shall appoint all necessary employees allowed for their department by this ordinance only from among persons certified to them by the Human Resources Director as eligible for the respective positions. The Human Resources Director shall determine the methods of evaluating the qualifications of applicants. 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 and shall take into consideration a system of veterans preference as may be adopted by the Board of Supervisors, by resolution. The veterans preference program shall be administered by the Human Resources Director.
Section 8. MILEAGE REIMBURSEMENT
Employees who are required to use their personal vehicles for County business shall be reimbursed at the Internal Revenue Service (IRS) standard mileage rate (presently $.325 per mile.) Adjustments to the County rate, if any, shall be made pursuant to the IRS rate effective July 1 of each year and mileage claimed on or after that date shall be reimbursed at that new rate.
The Department shall comply with California Labor Code 1198.5 entitled "Employee Inspection of Personnel File" and with the Public Safety Officers' Procedural Bill of Rights Act, California Government Code 3305 and 3306, which govern comments adverse to interest and response to adverse comments entered into personnel file.
The rights provided for in the California Labor Code and the Public Safety Officers' Procedural Bill of Rights Act are not superseded, waived or in any other manner diminished by any term or condition of this Memorandum of Understanding.
The Department shall provide sufficient rain gear in each station to adequately cover each shift.
The Department will develop a policy for replacement of safety vests. Eligible employees may utilize a voucher system for vest replacement at the Department's vendor(s). Vests will have a minimum threat level IIIA to be issued to all field operations Deputies and Deputy Coroners. The employees will be responsible for any cost exceeding the current cost of the department's standard issue safety vest at the time of replacement.
The RSA and the County of Riverside agree to reopen this agreement for the limited purpose of meeting and conferring on the minimum threat level standard for those vests that are issued to Correctional Deputies assigned to transportation duties.
During negotiations for the 1993-94 MOU between the County of Riverside (ACounty@) and the Riverside Sheriff's Association (ARSA@), the County agreed to upgrade its batons to use of a side-handled baton. In addition, the County agreed to make those side-handled batons available to deputies prior to reaching agreements on the 1993-94 MOU.
In accordance with County Resolutions regarding the Safety Committee, effective July 1, 1993, such committee shall include the President of the Association or a designee. The RSA representative shall be a voting member at the regularly scheduled monthly meeting.
Section 14. PERSONAL SECURITY.
An officer who is wounded or seriously injured as the result of a criminal act by another during an incident arising from or directly related to the performance of his/her law enforcement duties, shall, upon the determination of the ranking officer in charge at the crime scene, or upon reasonable request and approval by his/her unit commander, be provided with a sworn guard during his/her period of hospitalization until such time as it is determined that a threat to the officer no longer exists.
ARTICLE VII
LEAVE PROVISIONSA. Every regular employee and officer shall accrue sick leave with pay on a daily basis and computed at the rate of four (4) hours per pay period, allowable upon certificate of a physician or other proof of illness satisfactory to the Department Head. Use of accrued sick leave shall be allowed for the purpose of preventative medical, dental care and care of the family. Family sick leave is defined to mean a spouse, child, parent, brother, or sister of the employee, living in the same household as the employee, who is disabled by illness or injury.
Quantity of sick leave usage alone is not necessarily the sole cause for concern regarding sick leave abuse. Therefore, a letter of counseling will not automatically be issued based solely upon the quantity of sick leave used.
Deputy Coroner Provision. Every regular employee and officer shall accrue sick leave pay on a daily basis and computed at the rate of four (4) hours per pay period allowable upon a certificate of a physician, dentist, or other legally authorized person to provide health care services on the same level as a physician or proof satisfactory to the Department Head. Such certificate shall include the following: a written statement signed on a form used by a physician, dentist, or other legally authorized person to provide health care services on the same level as a physician, or their authorized representative, stating the day(s) of the illness, and a statement that the employee's illness prevents their being able to come to work; and may be required by the Department Head, County Executive Officer, or their designees, when in their judgement good cause exists for believing the employee may be abusing their sick leave privilege. An employee off work or contemplating to be off work due to illness or accident for an extended period of two (2) weeks or more shall provide a comprehensive health statement as to length of illness from the employee's health care provider stating any duties an employee cannot perform, any restrictions or light duty requirements. In the absence of a more stringent departmental policy, an employee reporting off work for such leave usage shall call their department within one (1) hour before or after the scheduled shift start. Use of accrued sick leave shall be allowed for the purpose of preventative medical, dental care and care of the family. Family sick leave is defined to mean a spouse, child, parent, brother, or sister of the employee, living in the same household as the employee, who is disabled by illness or injury. Every regular employee and officer shall be able to use accrued vacation, compensatory time or holiday time when sick leave has been exhausted due to extended illness verified by a doctor's statement.
Deputy Coroner Provisions (1 - 3):
1. Sick leave shall accrue at all times when the employee is in a paid status.
2. Accrued sick leave of any person whose employment is permanently terminated shall automatically be canceled. However, any employee whose employment is terminated while they are on sick leave shall continue to be compensated for the duration of the illness to the extent of the accrued sick leave, but after such termination shall derive no other benefits under this Agreement which result from being in a paid status. Unless the employee shall have retired, payment for sick leave continuing after termination shall be conditioned upon prior receipt of a physician's certificate or other adequate written proof of illness, and in the event of any doubt as to future duration of the illness may be paid on biweekly increments as used. If an employee receives a layoff notice, payment for sick leave shall continue conditioned upon receipt of a physician's certificate or other adequate written proof of illness given to the County prior to payment, and payment shall not continue beyond the exhaustion of accrued sick leave.
3. Sick leave may be used for absence reasonably required by complications of pregnancy, continuing through delivery and reasonable period of recovery therefrom, to be determined in accordance with a written report or reports of the employee's personal physician, specifying the expected date of delivery and the date that the employee should cease work. In the event the Department Head believes there are unusual circumstances, or that the full performance of the employee's work without undue hazard is such as to require a longer period of absence, and on the Department Head's written request to the Human Resources Director, the determination of the period shall be subject to review and change by a physician employed or provided by the County, including a medical examination of the employee if required by such physician. In no event shall an employee return to work after pregnancy prior to a date to be fixed by her physician in a signed statement that she is physically able to perform the duties of her position.
B. Payout for Sick Leave. Upon retirement, disability retirement or death of an employee or officer, and subject to the provisions of any applicable agreement between the employing agency and the Public Employee's Retirement system, unused accumulated sick leave shall be paid for at the rate of ten (10) percent of the current salary value thereof for each such person who has had five full years of service in a payroll status, plus two (2) percent for each additional year to a maximum of 50 percent, and, in no event, shall the total payment exceed a sum equal to 120 days of full pay. Payment resulting from death shall be made to the persons entitled to otherwise, in accordance with the Probate Code.
Accrued sick leave, not exceeding five (5) working days may be used by a regular or seasonal employee in an active payroll status, compelled to be absent from duty by reason of the death, or critical illness where death appears imminent, of the employee's father, father-in-law, mother, mother-in-law, brother, sister, spouse, child, grandparent, grandchild and step-relationships to the above.
When the Department Head or designee orders an employee off work due to an asserted illness, the employee may either:
(1) Elect to be absent from work because of illness;
(2) Request at County expense to be referred to a County designated health care provider or,
(3) Be examined by a physician or other person legally authorized to provide health care services of the employee's choosing.
If the employee is ordered off work due to an asserted illness there shall be an entitlement to utilize sick leave benefits and to receive full pay. In the event an employee has no accrued sick leave balance, the employee may utilize vacation, compensatory time, or holiday benefits with full pay or receive a leave of absence without pay, in accordance with the provisions of this Agreement and Department policy.
Should the health care provider determine that the employee was able to work during the shift from which they were was ordered off work, the employee shall not be charged with such absence and shall receive full pay for that shift.
Section 4. LEAVE WITHOUT PAY/OFFICIAL LEAVE OF ABSENCE.
An Agency/Department leave without pay or an Official leave of absence without pay may be granted for the following reasons: A. Illness or disability when sick leave has been exhausted; B. Pregnancy; C. To take a course of study which will increase the employee's usefulness on return to the County; D. Personal reasons acceptable to the authority whose approval is required.
A. Agency/Department Leave. Agency/Department leave without pay from one tenth of an hour up to 160 hours once in any one calendar year period may be granted to any employee by the Agency/Department head. Such leave shall be reported as Leave Without Pay via the Agency/Department's payroll. The Agency/Department head may require the leave without pay to be for a specified period of time and appropriate conditions may be imposed, such as providing sufficient medical documentation or other evidence substantiating the leave as required by the Agency/Department Head.
An employee on leave without pay for illness or disability reasons will be required to present a return to work statement from the attending physician releasing the employee to duty, prior to being allowed to return to work.
B. Official leave of absence. A Regular employee may request an Official leave of absence exceeding 160 hours, but not exceeding one year, (2080 hours). Official leave of absence may be granted upon written request by or on behalf of the employee, specifying the period and the reason, upon the written recommendation of the Department Head and with the written approval of the Human Resources Director. Application must be made on a form supplied by the Human Resources Department in advance of the effective date of the leave, unless circumstances make such advance request impossible. If the Human Resources Director disapproves the request, it shall be so endorsed and returned to the Agency/Department, who may present it to the Board of Supervisors. The Board's action shall be final. Any Official Leave of Absence granted shall be for a specified period and appropriate conditions may be imposed such as the employee providing sufficient medical documentation or other evidence documenting the leave as required by the Human Resources Director or a designee.
Such leave may be extended upon further written request containing justification; therefore, such request for extension is to be processed in the same manner as the original request. In the case of a request for an extension due to illness or disability, updated information of the same kind submitted for the original request will be required.
Nothing herein shall prevent the earlier return to duty by the employee, except the Agency/Department may require two weeks advance notice of the employee's intention to return.
An employee on leave without pay for illness or disability reasons will be required to present a return to work statement from the attending physician releasing the employee to duty, prior to being allowed to return to work.
The Human Resources Director shall be promptly notified of the return of any employee from an official leave of absence without pay. The Board of Supervisors shall have the right to cancel or revoke a leave of absence previously granted.
Absences on account of military duty are governed by provisions of the Military and Veterans Code.
Any employee who shall be summoned for attendance to any court for jury duty during normal working hours shall be deemed to be on duty and there shall be no loss of salary, but any jury fees received shall be paid into the County Treasury. A temporary employee shall be entitled to retain jury fees, since they may not be paid as an employee for time not actually worked as such employee. Any employee who shall be called as a witness arising out of and in the course of County employment, shall be deemed to be on duty and there shall be no loss of salary, but any witness fees received shall be paid into the County Treasury, together with any mileage allowed if they shall use County transportation. Any employee designated non-exempt from F.L.S.A. absent as a witness in a private matter shall not be entitled to be paid during such absence.
Section 7. AIR POLLUTION EMERGENCY
An employee unable to work on a regularly scheduled work day due to an air pollution emergency shall be granted a leave of absence without pay for the period of the emergency unless they choose to use accumulated overtime credit, sick leave credit, vacation credit or holiday leave credit for the period of time off work due to the emergency.
Section 8. VOLUNTARY TIME BANK
A. Definition of eligible employees. Only employees in budgeted ("Regular") positions within the Law Enforcement Unit are eligible to participate in the Riverside County Voluntary Time-bank Policy.
B. Definition of catastrophic illness or injury. Catastrophic illness or injury is a severe illness or injury which is expected to incapacitate the employee for an extended period of time and which creates a financial hardship because the employee has exhausted all accumulated leave. Catastrophic illness or injury is further defined as a debilitating illness or injury of an immediate family member (i.e., the spouse, son, daughter, step-son, step-daughter, foster-son, foster-daughter, parents, grandparents, brother or sister of the employee or any other person living in the immediate household of the employee) that results in the employee being required to take time off from work for an extended period to care for the family member creating a financial hardship because the employee has exhausted all accumulated leave.
C. Conditions and procedures under which a Time-bank for catastrophic illness/injury may be established.
1. Only the department head, upon concurrence from the Human Resources Director, may request establishment of a Time-bank for an employee within the department who is suffering a financial hardship due to a catastrophic illness or injury.
2. When the department head has determined that an employee would benefit from the establishment of a Time-bank, the department head will contact the employee to determine if the employee desires to participate in a Time-bank program. If the employee desires to participate in the Time-bank program, the department head will contact the Human Resources Department and recommend the establishment of the program.
3. The Time-bank will be established on behalf of an individual employee. The bank will accept donations of leave from one or more donors.
4. The Time-bank will be operated by the Human Resources Department. The department head will take actions to help ensure that individual employee decisions to donate or not donate to a Time-bank are kept confidential and that employees are not pressured to participate.
5. On establishing a Time-bank program, the Human Resources Department should ensure that only credits that are necessary are donated. All donations are not retrievable.
D. Conditions under which leave credits may be donated to a Time-bank.
1. Any employee may donate vacation or holiday accrual. Sick leave and compensatory time may be not donated.
2. Donations of vacation or holiday accrual must be in increments of 8 hours or more and drawn from one bank only.
3. The donation of leave hours is irreversible. Should the person receiving the donation not use all donated leave for the catastrophic illness/injury, any balance will remain with that person or will be converted to cash upon that person's separation.
4. An employee may not donate leave hours which would reduce their accrued leave balances of vacation, holiday accrual, compensatory time, or sick leave to less than 168 hours.
5. Donated leave shall be changed to its cash value and then credited to the recipient in equivalent hours at the recipient's base hourly rate of vacation or administrative leave.
6. Employees will use a provided form to submit donations directly to the Human Resources Department. Adjustment to donor and recipient's paid leave balance will be made.
E. Conditions under which leave credits in a Time-bank may be used.
1. Only the employee for which the Time-bank has been established may receive leave credits from the Time-bank. Such leave credits shall be added to the employee's vacation balance.
2. The affected employees will provide verification of the (or immediate family member's) illness or injury on an Attending Physician's Statement to Support Leave or Return from Leave while using time donated under this program.
3. The use of donated credits may be for a maximum of twelve (12) continuous months for any one catastrophic illness.
F. Steps to be taken by the department to establish a Time-bank program. A department head who decides that the department will participate in a Time-bank program will arrange with the Human Resources Department for the establishment of the Time-bank for the individual. The procedure to be followed must include:
1. Receipt of written approval from the employee to announce the need for a Time-bank transfer.
2. Notify the Human Resources Department of the need for the program and coordinate the program's establishment.
3. Require that employee donations be made directly to the Human Resources Department to ensure that employee's decision to donate or not donate is kept confidential.
4. Immediately investigate any allegations of pressure or coercion in the solicitation of donations for the Time-bank and take appropriate action.
G. The Human Resources Department will:
1. Control the Time-bank program.
2. Receive from the employee benefiting from the Time-bank proof of eligibility and a signed agreement allowing publication of the employee's situation.
3. The employee benefiting from the Time-bank and the Human Resources Department will agree on the content of the publicity.
4. Publicize the establishment of the Time-bank program. The notice will inform all employees of:
a. The establishment of the voluntary program.
b. Their opportunity to donate.
c. How donations are submitted.
5. Notify the department head immediately if the program cannot be established and the reason(s).
6. Immediately investigate any allegations of pressure or coercion in the solicitation of donations for the Time-bank and take appropriate action.
It is agreed that the use of the holiday bank for donation of time shall be applicable to this agreement subject to reopener should it be determined by the County that such use is abused or it is an administrative problem.
A pregnant employee shall not later than the sixth month of her term of pregnancy furnish her department with a signed physician's certificate specifying the anticipated date of delivery. If the employee wishes to work past the end of her seventh month of pregnancy, she shall furnish her department with a signed physician's certificate stating that she is physically able to continue working through a specified date prior to delivery.
If the employee wishes to return to work sooner than one calendar month after delivery, she shall furnish her department with a signed physician's certificate stating that she is physically able to perform the duties of her position.
Section 10. RELEASE TIME FOR THE PRESIDENT OF ASSOCIATION
A. The Association shall have the option to cause the County to release the Association president for full time work with the Association, while remaining on the County payroll. The Association shall be obligated to reimburse the County. The reimbursement amount for presidential leave shall be based on actual costs for salary and benefits, including overtime worked on behalf of the Association in excess of eight(8) hours per day or forty (40) hours per week, with a detailed breakdown of these costs provided to the Association at least on a quarterly basis. Said funds shall be paid by the Association upon receipt of bill.
The Association shall afford to the County 60 days advance notice whenever (1) there is a change in the identity of the president who is to be released; (2) it desires to suspend its option to secure release time for its president; and (3) it desires to reinstate the option.
B. Nothing in this section shall prohibit the president of the Association from electing to work for the County during the period covered by the exercise of the option subject to and with the approval and consent of the County. The president shall receive from the County appropriate compensation for any such work. During the period covered by the exercise of the option, the County may not require the president to perform any such duties.
C. Association agrees to indemnify, defend, save and hold harmless, County, its officers, agencies, servants and employees of and from any and all liability, claims, demands, debts, suits, actions and cause of action, including wrongful death arising out of or any manner connected with the performance of services by the President of Association, and/or the President's agents, servants or employer, for Association.
D. Where the president of the Association is a sworn peace officer, that individual shall be prohibited from taking official action in that capacity during the time while they are released to work for the Association, except under the following circumstances:
1. Where there is an on-site criminal offense.
2. Where summoned for assistance by a fellow officer in an emergency occurrence.
3. Where the president is working for the County in an authorized capacity as a sworn peace officer, in accordance with paragraph B above.
Section 11. RELEASE TIME FOR REPRESENTATIVES.
Authorized representatives of the Association shall be entitled to release time for the purpose of traveling to and from and appearing at RSA Board meetings. During each fiscal year such authorized representatives' cumulative release time with pay shall not annually exceed 80 hours and any excess hours shall be either without pay or charged against the authorized representative's appropriate paid leave banks.
ARTICLE VIII
VACATIONA. Subject to the limitations and exemptions of this section, every regular employee shall be entitled annually to the following number of working hours of vacation with pay in accordance with the record of their completion of continuous years of service:
Zero through 3 years (0 through 6,240 hours) in a payroll status, 80 hours cumulative to 240 hours;
Years 4 through 9 (6,248 through 18,720 hours) in a payroll status, 120 hours cumulative to 360 hours;
Years 10 or more (18,728 hours or more) 160 hours cumulative to 480 hours.
Vacation shall accrue daily at the rate appropriate to the year of service. Accrued vacation may be accumulated to not more than the maximum applicable to the current vacation accrual rate, and may be taken only at a time or times agreeable to the Department Head. Except as hereinafter provided, no earned vacation shall accrue in excess of the maximum accumulation. No vacation shall ever be taken for a period exceeding the maximum accumulated.
Upon the written request of a Department Head showing reasonable necessity and good cause, submitted prior to the accumulation of the maximum vacation entitlement, the Board of Supervisors may by order temporarily enlarge for a specific employee or officer the maximum accumulation, by extending the period of additional vacation accrual for not more than three months, unless a different period shall be specified in the order.
B. Any person whose employment is terminated shall be entitled to pay for all earned vacation as determined under the provisions of this agreement. For the purpose of this paragraph, vacation shall be deemed earned to the date of termination. While such terminal vacation pay shall be chargeable to the salary appropriation of the department, the position shall be deemed vacant and may be filled provided funds are available therefore. If sufficient funds are available, terminal vacation pay may be paid in full in advance at the time of termination; otherwise, all or part thereof may be paid at the same time as if it were regular compensation and the employee had not been terminated.
C. Seasonal and temporary employees shall not be entitled to paid vacation.
D. No person shall be permitted to work for compensation for the County during their vacation, except with prior approval of the Board of Supervisors and the Department Head.
E. A regular part-time employee shall accrue vacation in the same proportion that their working hours bear to the normal working hours of a full-time position. The same proportion shall apply in determining payment of earned vacation on termination.
F. A previous period or periods of County employment which are interrupted in such a manner as to disqualify such period or periods from being considered in computing continuous service under the provision of this Agreement, may be included in such computation, in full or in part, upon the request of the head of the department employing the person involved, and approval by the Board of Supervisors.
ARTICLE IX
HOLIDAYSA. Only regular permanent or probationary, and seasonal employees in a current paid status, shall be eligible for paid holidays.
B. County Holidays
- January 1, New Year's Day
- Third Monday in January, Martin Luther King, Jr.
- February 12, Lincoln's Birthday
- Third Monday in February, Washington's Birthday
- Last Monday in May, Memorial Day
- July 4, Independence Day
- First Monday in September, Labor Day
- Second Monday in October, Columbus Day
- November 11, Veterans' Day
- Fourth Thursday in November, Thanksgiving Day
(unless otherwise appointed)
- Friday following Thanksgiving
- December 24 and 31 when they fall on Monday
- December 25, Christmas Day
- December 26 and January 2, when they fall on a Friday
- Friday preceding January 1, February 12, July 4, November 11 or December 25, when such date falls on Saturday; the Monday following when such date falls on a Sunday.
Effective January 1, 1999, the Birthday Holiday shall cease to exist for employees covered under the provisions of the RSA MOU. In exchange for the elimination of that holiday, the County shall, on January 12, 2000, either;
1. Make a one-time only contribution of $85,000 (the approximate value of the Birthday Holiday for those previously covered under the Birthday Holiday provision) to the RSA Insurance Trust for Medical Insurance; or,
2. In the event County Counsel determines that such contribution is inconsistent with applicable State or federal law or IRS regulations, the County shall make a one-time only lump sum payment of $200.00, less applicable State and Federal deductions, to each RSA represented employee in a Correctional Deputy classification. C. A new employee whose first working day is the day after a paid holiday shall not be paid for the holiday.
D. An employee who is terminating employment for reasons other than paid County retirement, and whose last day as a paid employee is the day before a holiday, shall not be paid for that holiday.
E. An employee who is on a leave of absence without pay for either the regularly scheduled working day before the holiday, or the regularly scheduled working day after the holiday shall not be paid for that holiday.
F. A regular part time employee shall only receive holiday pay for the holiday or portion thereof which coincides with their regularly scheduled working hours.
G. A full time employee whose regularly scheduled day off falls on a paid holiday shall be entitled to equal compensatory time off for such a holiday; provided that 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 paid for such holiday at their regular rate of pay not to exceed eight (8) hours pay.
H. The provisions of Subsection (5)(a) to the contrary notwithstanding, any sworn peace officer who is a member of the "Law Enforcement Unit" as defined in the Employee Relations Resolution of the County whose regularly scheduled working day falls on a paid holiday, and who works on that holiday, shall be entitled to not more than twelve (12) hours of compensation at the rate of one and one-half (1-1/2) times the employee's regular rate of pay, in addition to their regular rate of pay for the time actually worked; provided, however, that any affected employee who has any accumulated compensatory time off credit in the "holiday bank", shall retain such benefits until the "holiday bank" has been exhausted in the manner provided for in Section 7D(8) as it existed prior to this amendment.
Correctional Deputy I, II and Correctional Corporals whose regularly scheduled working day falls on a paid holiday, including the Martin Luther King, Jr. Holiday, who works on that holiday, shall be entitled to not more than 12 hours of compensation at the rate of one and one-half (1-1/2) times the employee's regular rate of pay in addition to their regular rate of pay for the time actually worked. Accumulated holiday credit earned at the expiration of each prescribed pay period upon election of the employee may be accumulated to their accumulated holiday credit up to 80 hours or be paid to the employee by County Warrant.
I. A full-time employee who is a peace officer in the Sheriff's Department and a member of the Law Enforcement Unit of representation, as defined in the County's Employee Relations Resolution, shall receive compensation for the Martin Luther King, Jr. holiday as follows:
1. Any such employee whose regularly scheduled day off falls on that holiday shall be entitled to eight (8) hours compensatory time off.
2. Any such employee whose regularly scheduled work-day falls on that holiday who elects to take off that day as a holiday, with approval of the County, shall receive such time off without any loss of pay.
3. Any such employee whose regularly scheduled work-day falls on the holiday and who works that holiday shall receive compensatory time off at the rate of time and one-half (1-1/2) for all time actually worked on that day, which compensatory time off shall be in addition to the employee's regular pay for that work day.
ARTICLE X
REIMBURSEMENT PROGRAMSSection 1. LIVING QUARTERS, MEALS, OR LAUNDRY SERVICE
Rates for maintenance, including living quarters, meals, or laundry service, furnished by the County to any officer or employee, shall be fixed by a resolution of the Board of Supervisors from time to time. Payment therefore shall be made by a deduction from compensation, or by performance of additional services, as may be determined by the Board of Supervisors.
No charge for meals shall be made where the same are furnished for the convenience of the County, such as for employees at County institutions who are required by the nature of their duties to take their meals in connection with such employment, and cooks and kitchen helpers when working an 8-hour shift for the convenience of the County shall be furnished one meal without charge in every department or institution of the County where kitchen facilities are maintained and meals regularly prepared. No person shall receive maintenance at any institution unless on duty at such institution.
Section 3. REIMBURSEMENT RATES FOR MEALS
Reimbursement rates for meals will be the following:
- Breakfast up to $8.00
- Lunch up to $12.00
- Dinner up to $18.00
If the County, by Ordinance or otherwise, provides for a higher rate, that rate shall apply. The existing criteria for paying for meals shall continue to be used by the County.
Nothing herein shall prohibit the furnishing of meals on a cost basis where necessary or convenient. It shall be the duty of each officer to make certain that the provisions of this section are complied with as to all employees, departments and institutions under their control and to keep the Auditor properly informed as to any payroll deductions required hereunder.
Section 5. MOVING EXPENSES-CURRENT EMPLOYEES
Upon the written request of a Department Head, with the written approval of the Administrative Officer, the Board of Supervisors may authorize payment of all or part of the actual and necessary expenses hereafter incurred for moving the household and immediate family of an employee from one part of the County to another, when the headquarters of the employee is permanently changed for the convenience of the County. Such authority shall be obtained in advance of the change, shall be subject to such reasonable conditions as the Board may require, shall specify the maximum amount authorized and shall not be granted more than once in any one year period for any one employee, nor for any employee until they have been continuously employed by the County for at least one year preceding the authorization. If the employee voluntarily terminates employment with the County within one year of the payment of the expenses set forth herein, the employer shall, within 30 days of the effective date of the voluntary termination of employment with the County, reimburse the County the full amount of any payment received by the employee for the expenses set forth herein.
Section 6. REIMBURSEMENT FOR DAMAGED CLOTHING OR PROPERTY
Board of Supervisors' policy #C-5 is incorporated herein by reference.
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