(With 3/30/99 amendments)
COUNTY OF RIVERSIDE
AND
THE RIVERSIDE SHERIFF'S ASSOCIATION
OF RIVERSIDE COUNTY
ARTICLE XI GRIEVANCE PROCEDURE A. General Provisions.
Section 1. DISCUSSION OF REQUEST OR COMPLAINT
It is the intent of this procedure that grievances be settled at the lowest possible administrative level. Any employee who believes that he has a justifiable request or complaint shall discuss the request or complaint with his immediate Supervisor in an attempt to settle the matter.
Section 2. GRIEVANCE DEFINITION
A "grievance" is the subject of a written request or complaint, which has not been settled as a result of the discussion required by Section 1, initiated by an employee, arising out of a dispute by an employee the solution of which is wholly or partially within the province of the County to rectify and will involve the interpretation or application of existing Ordinances, rules, regulations, or policies concerning wages, hours, and other terms and conditions of employment. Grievances shall be submitted in writing on appropriate forms supplied by the Human Resources Department. A grievance does NOT include:
(a) Matters reviewable under some other County administrative procedure;
(b) Requests or complaints the solutions of which would require the exercise of legislative power, such as the adoption or amendment of an Ordinance, rule, regulation, or policy established by the Board of Supervisors;
(c) Requests or complaints involving the termination of a probationary, seasonal, or temporary employee, or the termination, suspension, or demotion of a regular employee reviewable pursuant to the provisions of Ordinance No. 440 or under the State Merit System; and
(d) Requests or complaints initiated by an employee, other than a member of the "Law Enforcement Unit" as defined in the Employee Relations Resolution of the County, involving change in departmental performance evaluations, if the evaluation rating overall is satisfactory or better. Requests or complaints initiated by any member of the "Law Enforcement Unit" only, involving a departmental performance evaluation if, (a) with respect to permanent employees, including those in a promotional probationary status, the evaluation rating overall is satisfactory (or competent) or better or (b), with respect to entry level probationary employees, the evaluation rating overall is below standards or better.
Section 3. FREEDOM FROM REPRISAL
No employee shall be subject to coercion or disciplinary action for discussing a request or complaint with his immediate Supervisor, or for the good faith filing of a grievance petition.
Section 4. EMPLOYEE REPRESENTATION
An employee is entitled to representation in the preparation and presentation of a grievance at any step in the grievance procedure, provided an employee that is a member of a representation unit wherein an employee organization has been awarded exclusive recognition pursuant to the Employee Relations Resolution, may be represented only by the exclusive employee organization. Reasonable access to work areas by representatives of qualified employee organizations shall be in accordance with Section 19 of the Employee Relations Resolution. The grievant and one representative, are entitled to be released from work for a reasonable period of time in order to present the grievance. No person hearing a grievance petition need recognize more than one representative for grievant unless, in the opinion of the person hearing the petition, the complexity of the grievance requires more than one representative in order to fully and adequately present the matter.
B. General Rules.
Section 5. GRIEVANCE PETITION FORM
All grievances shall be submitted to the Human Resources Department on the form prescribed by the Human Resources Director. No grievance petition shall be accepted for processing until the form is complete.
All grievance petitions shall be filed within fifteen (15) working days after occurrence of the circumstances giving rise to the grievance, otherwise the right to file a grievance petition is waived and no grievance shall be deemed to exist.
Grievance petitions involving the same or similar issues, filed by employees in the same representation unit, may be consolidated for presentation at the discretion of the person hearing the petitions.
Any grievance petitions resolved at any step of the grievance procedure shall be final and binding on the County and the grievant.
Any grievance petition may be withdrawn by the grievant at any time, without prejudice.
Grievance petitions shall be processed from one step to the next within the time limit prescribed in each of the steps. Any grievance petition for which a disposition is not made at any step within the time limit prescribed, or any extension which may be agreed to, may be referred to the next step in the grievance procedure, with the next time limit to run from the date when time for disposition expired. Any grievance petition not carried to the next step by the grievant within the prescribed time limits, or such extension which may be agreed to, shall be deemed resolved upon the basis of the previous disposition.
Upon consent of the person hearing the grievance petition and the grievant, a petition may be resubmitted to a lower step in the grievance procedure for reconsideration.
The time limits within which action must be taken or a decision made as specified in this procedure, except for Section 14, may be extended by written consent of the grievant and the person before whom disposition of the petition is pending.
C. Procedure.
The following procedure shall be followed by an employee submitting a grievance petition:
(a) Discussion with Supervisor. Prior to filing a written grievance petition the employee shall first take the matter up with the immediate Supervisor. The Supervisor shall give a prompt response where it is possible to do so. The employee and the Supervisor are each entitled to the presence of a silent observer to the employee-Supervisor discussion. An observer that interrupts or participates in the discussion may be excluded from the discussion by either the employee or the Supervisor.
(b) Step 1. The employee shall have fifteen (15) working days after the occurrence of the circumstances giving rise to the grievance to submit the grievance petition to the Human Resources Department. The Human Resources Department shall forward the petition to the grievant's Department Head. Within fifteen (15) working days after submission of the petition, the Department Head, or a designee, shall meet with the grievant and the employee's representative, if any. No later than fifteen (15) working days thereafter, the Department Head, or a designee, shall render a written decision.
(c) Step 2. Failing to resolve the grievance at Step 1, the grievant shall submit a written request for review within ten (10) working days following the date the Department Head, or a designee, renders a decision. The Human Resources Director, or a designee, shall meet with the grievant and the grievant's representative, if any, within ten (10) working days of the submission of the request for review. No later than ten (10) working days thereafter, the Human Resources Director, or a designee, shall render a written decision.
(d) Step 3. Failing to resolve the grievance at Step 2, the grievant shall submit a written request for arbitration to the Employee Relations Manager, or a designee, within ten (10) working days following the date the Human Resources Director, or a designee, renders a decision. The grievance shall thereafter be subject to advisory arbitration and decision by the Board of Supervisors in the manner prescribed in Section 14. The Board of Supervisors shall either accept or reject the arbitrator's decision, or accept part of the decision and reject the rest, without further testimony from either party. If the Board rejects all or part of the arbitrator's decision, the Board shall state its reasons for rejection. The decision of the Board of Supervisors shall be final. Unless mutually agreed, proceedings conducted at any step of the grievance procedure shall be private except the proceedings before the Board of Supervisors.
Section 14. Advisory Arbitration
A. After submission of a request for review, the grievant and the Employee Relations Manager or a designee, shall attempt to agree on an arbitrator. The parties shall maintain an "Arbitrator Strike List" of 9 arbitrators from which an arbitrator shall be selected by alternatively striking names from the list until one (1) remains who shall then serve as the arbitrator. Arbitrators may be added or deleted from the "Arbitrator Strike List" only by mutual agreement of the parties.
B. If either party wishes to have a transcript of the arbitration proceedings, the requesting party will be solely responsible for all costs associated with the transcript. If both parties request a transcript the cost will be shared equally.
C. The expenses of the arbitrator, if any, shall be shared equally by the parties. Each party shall make arrangements for and pay expenses of witnesses that are called by such party, except that any County employee called as a witness shall be released from work without loss of compensation or other benefits to attend the arbitration hearing. Such arrangements shall be made through the Employee Relations Manager, or a designee, with the employee's Department Head at least two (2) working days in advance of the hearing date. When the grievant is self-represented or represented by other than the Exclusive Employee Organization, the employee shall deposit one-half (2) of the estimated hearing costs (including transcripts) in accordance with Section 14 (B) with the Employee Relations Manager who shall determine the estimate and process grievant's deposit.
D. Prior to the arbitration hearing, the grievant and the Employee Relations Manager, or a designee, shall meet and attempt to prepare a joint statement of the issues which describes the existing controversy to be heard by the arbitrator. If the parties are unable to agree on a joint statement, each shall prepare a separate statement of issues.
The arbitrator shall not decide any issue not within the statement of the issues submitted by the parties. This includes issues which have not been raised and considered at an earlier step of the grievance procedure.
E. If the arbitrator sustains the grievance, a remedy shall be fashioned that does not conflict with the provisions contained in this agreement.
F. Arbitration proceedings shall be conducted pursuant to the Voluntary Labor Arbitration Rules of the American Arbitration Association, unless the parties agree that the proceedings may be conducted pursuant to the Expedited Labor Arbitration Rules of the American Arbitration Association.
G. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. In addition, communications between Human Resources Department employees, non-attorney advocates, Management or employees of County departments involved in an arbitration concerning personnel matters and communications between the union representative and the employee who is the subject of a personnel action shall be confidential and not subject to disclosure in a grievance hearing.
H. Any arbitration expense incurred as the result of a postponement or cancellation of a hearing shall be borne by the postponing or canceling party.
Each party shall make arrangements for and pay expenses of witnesses that are called by such party, except that any County employee called as a witness shall be released from work without loss of compensation or other benefits to attend the arbitration hearing. Such arrangements shall be made through the Employee Relations Manager, or a designee, with the employee's Department Head at least two (2) working days in advance of the hearing date. When the grievant is self-represented or represented by other than the Exclusive Employee Organization, the employee shall deposit one-half (1/2) of the estimated hearing costs (including transcripts in accordance with Section 14 (b)) with the Employee Relations Manager who shall determine the estimate and process grievant's deposit.
ARTICLE XII
DISCIPLINE, DISMISSAL, AND REVIEWSection 1. Each employee who has completed an initial probationary period, and any extension, has permanent status.
Section 2. Any of the following acts of an employee who has permanent status shall be good cause for dismissal, demotion, reduction in compensation, suspension, or any other action taken for disciplinary reasons:
a. Dishonesty;
b. Incompetence;
c. Inefficiency or negligence in performance of duties;
d. Neglect of duty;
e. Insubordination;
f. Willful violation of an employee regulation prescribed by the Board of Supervisors or the head of the department in which the employee is employed;
g. Absence without leave;
h. Conviction of either a felony, or any offense, misdemeanor or felony, involving moral turpitude, or any offense in connection with or affecting the employee's duties other than minor traffic violations. Conviction means a plea of guilty or nolo contendere or a determination of guilt in a court of competent jurisdiction;
I. Discourteous treatment of the public or other employees;
j. Political activity in violation of federal or state law;
k. Physical or mental unfitness to perform assigned duties;
l. Making a material misrepresentation in connection with obtaining or maintaining employment or position;
m. Conduct either during or outside of duty hours which adversely affects the employee's job performance or operation of the department in which they are employed.
n. Failure to maintain the license, registration, certificate, professional qualifications, education, or eligibility required for the employee's classification when the failure of the employee to maintain such requirements adversely affects the employee's ability to perform their job or the performance of the department. The department shall prescribe procedures to insure that employees affected by the requirements are informed of them.
o. Substance abuse in violation of the County of Riverside Alcohol and Drug Abuse Policy.
p. Violation of the County Anti-Violence in the Workplace Policy.
Section 3. An employee may be terminated as a result of a reduction in force or abolition of a function.
Section 4. Suspension of an employee shall not be for more than 40 working days.
Section 5. Reduction in compensation under this section shall consist only of a change within the salary range from the existing step to a lower step for a specified duration of one or more full pay periods, but not to exceed 13 pay periods.
Section 6. By resolution, the Board of Supervisors shall provide a procedure whereby the involuntary dismissal, demotion, reduction in compensation, or suspension of an employee, shall at the employee's request, be reviewed to determine whether such action was justified and should be upheld. The procedure shall include the right, after notice, to a hearing before a designated body or officer having power to affirm, revoke or modify the action reviewed. Termination under paragraph (5) of this subsection shall be without prejudice and shall not be subject to the review procedure.
Section 7. CORRECTIONAL DEPUTIES PROCEDURAL BILL OF RIGHTS
Correctional Deputies will be afforded the protection of Government Code 3300, and subsequent sections, commonly referred to as the Peace Officer's Procedural Bill of Rights.
Section 8. DISCIPLINARY APPEAL PROCEDURE/GENERAL
Any notice required to be given by this Procedure shall be in writing and shall be deemed served when personally delivered to the person to whom it is directed or when deposited in the United States mail, registered or certified postage prepaid, and addressed to the designated recipient at the recipient's last known address.
A. As used in this Procedure, "disciplinary action" means dismissal, demotion, reduction in compensation, suspension, or any other action taken for disciplinary reasons, that directly affects the wages, hours, or working conditions of a permanent employee.
B. Unless otherwise specified, as used in this Procedure, "Department Head" includes the Department Head or a designated subordinate.
C. The Employee Relations Manager may for good cause extend the time for performance of any act required or permitted by this Procedure, upon written request prior to expiration of the time fixed. Powers of the Employee Relations Manager may be exercised by a designated subordinate.
Section 9. Notice of Disciplinary Action
A. Intent Letter. For permanent employees written notice of intent to take disciplinary action shall be served on the affected employee, except as herein after provided at least seven (7) working days prior to the effective date of the action and shall include:
(1) A description of the action(s) to be taken and the expected effective date(s);
(2) A clear and concise statement of the specific grounds and particular facts upon which the disciplinary action is based;
(3) A statement that a copy of the materials upon which the action is based is attached or available for inspection upon request; and
(4) A statement informing the employee of the right to respond either verbally or in writing, to the Department Head prior to the effective date of the disciplinary action(s). B. Implementation Letter. After considering the response or if the time to respond has elapsed without the employee responding, written notice that the disciplinary action will be implemented shall be served on the employee on or before the effective date of the action and shall include:
(1) A statement informing the employee of the disciplinary action(s) taken, the effective date(s) of the action(s), and that the action is being taken for the acts specified in the letter of intent; and
(2) A statement informing the employee of the right to appeal within 10 working days of the date the letter is served on the employee;
Section 10. INVOLUNTARY LEAVE OF ABSENCE
A. Pending investigation by the department of an accusation against an employee involving misappropriation of public funds or property, drug addiction, mistreatment of a patient or inmate at a County facility, or an act which would constitute a felony or a misdemeanor involving moral turpitude, the department head may place the employee on leave of absence for not to exceed 15 working days.
B. If disciplinary action is not taken on or before the date such a leave is terminated, the employee shall be deemed to have been on duty.
C. If disciplinary action is taken on or before the date such leave is terminated, the disciplinary action may be taken retroactive to any date on or after the date the employee went on leave. Notwithstanding the service provisions of Section 8, the disciplinary action under such circumstances, shall be valid if written notice is served upon the employee not later than fifteen (15) working days after the employee is notified of the disciplinary action.
Any employee may appeal any disciplinary action taken against the employee. The appeal shall be in writing and filed with the Employee Relations Manager within ten (10) working days after the date of notification of action against which the appeal is made. An appeal shall:
a. Be accompanied by a copy of any notice of disciplinary action served on the employee;
b. A brief statement of the facts and reasons for the appeal; and
c. A brief statement of the relief requested.
Section 12. AMENDED NOTICE OF DISCIPLINARY ACTION
a. At any time before an employee's appeal is submitted to the Hearing Officer for decision, the Department head may, with the consent of the Employee Relations Manager, serve on the employee and file with the Employee Relations Manager an amended or supplemental notice of disciplinary action.
b. If the amended or supplemental notice presents new causes or allegations, the department shall process said notice in accordance with Section 8 above. However, the employee shall not be required to file a further appeal. Any objections to the amended or supplemental causes or allegations may be made orally or in writing at the hearing.
If an employee fails to appeal the disciplinary action within the time specified, or after appealing, withdraws the appeal, the right to review is waived.
Section 14. DISCIPLINARY APPEAL PROCESS - MEDIATION ARBITRATION
It is hereby agreed, that in all disciplinary matters, the parties, at any stage of the appeal process may mutually agree to the process of mediation-arbitration. It is specifically intended that said process of mediation-arbitration shall act as a settlement vehicle and shall not be a replacement or substitute for final and binding arbitration.
Once the parties have mutually elected to proceed to mediation-arbitration they shall select a mediator-arbitrator from the mediation-arbitration panel which consists of the following individuals: David Hart, Curtis Lyons, Tom McCarthy, and Draza Mrvichin.
The mediation process shall be informal and no testimony shall be taken by the mediator-arbitrator. The representative for each party shall make an opening statement and summarize their case to the mediator-arbitrator without the use of testimonial evidence. It is preferred that the grievant as well as a supervisor with the Sheriff's Department who is conversant with the facts of the case be present during the mediation-arbitration process.
The parties specifically agree that there shall be no court reporters, live testimony, written briefs or written decisions rendered by the mediator-arbitrator.
If through the mediation-arbitration process the case is resolved, the results of the mediation-arbitration process shall be reduced to writing in the form of a settlement agreement between the parties.
To promote free discussion of settlement options, the parties agree that statements made or documents prepared for use in the course of the mediation-arbitration are confidential pursuant to California Evidence Code 1152.5 and are not admissible in evidence or subject to discovery in any proceeding unless all parties to the mediation-arbitration consent.
In the event that the matter is not resolved through the mediation-arbitration process, the parties shall select an arbitrator from the arbitration panel agreed upon for disciplinary cases.
In cases involving minor discipline (suspension of forty (40) hours or less) the parties shall utilize the same arbitration panel agreed upon for disciplinary cases pursuant to the MOU.
A. The parties shall maintain an arbitrator strike sheet of nine arbitrators from which hearing officers shall be selected by alternatively striking names until only one name remains. The inclusion or removal of names from the list shall be by mutual agreement of the parties.
B. The hearing shall be set by the Employee Relations Manager at an early date. The employee and the Department Head shall be given not less than (10) working days notice of the hearing by the Employee Relations Manager. The Employee Relations Manager may postpone or cancel a hearing on reasonable notice to the employee, the Department Head, and their respective representatives.
C. The employee and the Department Head may be represented by counsel or other representative, provided, however, if the employee is in a representation unit wherein an Employee Organization has been awarded exclusive recognition pursuant to the Employee Relations Resolution (Resolution No. 89-350), unless represented by counsel, the employee may be represented only by the exclusive employee organization.
D. It shall be the duty of any County Officer or employee to attend a hearing and testify upon the written request of either the employee, the Department Head, or the Hearing Officer, provided reasonable notice is given the department employing the officer or employee. The Employee Relations Manager shall arrange for the production of any relevant County record. The Hearing Officer is authorized to issue subpoenas.
E. All appeal hearings involving a dismissal or demotion of an employee shall be reported by a stenographic reporter. All other appeals need not be reported but either the employee or the Department Head may, at his own expense, provide a reporter for the hearing.
F. The expenses of the Hearing Officer and hearing shall be shared equally by the parties. Each party shall make arrangements for and pay expenses of witnesses that are called by such party, except that any County employee called as a witness shall be released from work without loss of compensation or other benefits to attend the disciplinary hearing.
G. Any employee not represented by the Exclusive Employee Organization shall provide to the Human Resources Department an advance deposit of 50% of the anticipated costs of the hearing prior to the hearing being scheduled.
H. Within 21 days following the submission of the appeal, the Hearing Officer shall submit written findings of fact, conclusions of law, and the decision to the parties together with a copy of the appeal and a summary of the evidence taken at the hearing. The decision of the Hearing Officer shall be final subject to the right of either party to seek judicial review under Section 1094.5 of the California Code of Civil Procedure.
(1) The Hearing Officer shall confine his/her decision to issues raised by the statement of charges and responses and render a decision based on the written MOU between the parties. The Hearing Officer may sustain, modify, or rescind an appealed disciplinary action imposed by the department head.
(2) If the Hearing Officer finds that the disciplinary action was appropriate, the action shall be sustained.
(3) In the case of suspension/reduction in compensation or demotion, if the action is modified or rescinded, the appellant shall be entitled to restoration of pay and/or fringe benefits in a manner consistent with the Hearing Officer's decision.
(4) In the case of discharges, if the Hearing Officer finds the order of discharge should be modified, the appellant shall be reinstated to a position in the classification held immediately prior to discharge subject to forfeiture of pay and fringe benefits for any period of suspension imposed by the Hearing Officer.
(5) If the Hearing Officer finds the order of discharge should be rescinded, the appellant shall be reinstated to a position in the classification held immediately prior to discharge and shall receive pay and fringe benefits for all of the period of time between the discharge and reinstatement.
(6) The County shall not be liable for restoring pay and fringe benefits for any period(s) of time the appellant was reduced or removed from duty which results solely from the appellant's request for written briefs in the arbitration proceedings.
This section will not be applicable where both parties mutually agree to submit briefs.
(7) Restoration of pay benefits shall be subject to deduction of all unemployment insurance and outside earnings which the appellant received since the date of discharge which would not have been earned had the appellant not been disciplined. Where unemployment insurance is deducted from the restoration amount, the employee shall not be required to make further restitution. The appellant shall supply such outside employment earning records during the period of time in question when requested.
(8) The employee and the Department Head shall have these rights:
(a) To call and examine witnesses;
(b) To introduce exhibits;
(c) To cross-examine opposing witnesses on any matter relevant to the issue, even though the matter was not covered in the direct examination;
(d) To impeach any witness regardless of which party first called the witness to testify; and
(e) To rebut any derogatory evidence.
(9) The hearing shall be a private proceeding among the County, the employee and the employee organization. Attendance of others during the proceeding will be at the discretion of the arbitrator.
Section 16. EVIDENCE AND PROCEDURES APPLICABLE TO ALL HEARINGS.
A. Hearings need not be conducted according to technical rules of evidence. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs.
B. Hearsay evidence shall be admitted and may be used for the purposes of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support disciplinary action as defined in Section 1.a. herein, unless it is the type of hearsay admissible over objection in a civil action. The rules of privilege shall apply to the same extent to which they are recognized in civil actions.
C. Irrelevant and unduly repetitious evidence shall be excluded.
D. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. In addition, communications between Human Resources Department employees, non-attorney advocates, Management or employees of County departments involved in an arbitration concerning personnel matters and communications between the union representative and the employee who is the subject of a personnel action shall be confidential and not subject to disclosure in a grievance hearing.
E. Oral evidence shall be taken only on oath or affirmation.
F. Any employee not testifying in his/her behalf may be called and examined as on cross-examination.
Section 17. ARBITRATION STRIKE LIST
Both the Grievance and Disciplinary Procedures, as revised, require the parties establish and maintain an Arbitrator Strike List from which arbitrators will be selected by alternately striking names.
The following arbitrators will comprise the list:
R. Steinberg A. Sinicropi > E. Francis L. Zigman M. Prihar M. Burstein W. Daugherty >T. Roberts S. Adler The list may be changed only by mutual agreement of the parties.
ARTICLE XIII
DISCRIMINATION COMPLAINT PROCEDURE*This Policy is included for reference and should not be construed as a matter subject to the meet and confer process.
1. Those Covered. The Riverside County Discrimination Procedure is available for use by County employees or applicants for County employment who believe they have been adversely affected by illegal discrimination.
2. Basis for Complaint. The basis for filing a complaint is alleged illegal discrimination based on race, color, national origin, ancestry, religion, sex, age, physical handicap, disability (as defined by the Americans with Disabilities Act), medical condition, marital status or pregnancy.
3. Time Limitations. Allegations of illegal discrimination can be filed with the Human Resources Department as a written complaint within 90 calendar days of the alleged incidence or occurrence. County of Riverside discrimination complaint forms are available at the Human Resources Department. (NOTE: Complainants may file allegations of illegal discrimination directly with the State of California Department of Fair Employment and Housing and/or the U. S. Equal Employment Opportunity Commission. Reference Section V, Notice of Rights.)
4. Review and Investigatory Procedures. Each complaint filed will be reviewed by the Human Resources Department to determine the adequacy of the grounds for the complaint. The Human Resources Department may refer the complaint to the concerned County department, independently investigate the complaint, or investigate the complaint in collaboration with the concerned County department. When the complaint is referred to the concerned County department, the department will investigate the alleged illegal discriminatory actions within 45 calendar days. All reports of investigation and findings will be forwarded to the Human Resources Department for review. If the finding of the investigation by the concerned County department concludes discrimination occurred because of an unlawful employment practice, the concerned County department will remedy the matter, following consultation with the Human Resources Department. The complainant will be advised, in writing, of the findings and conclusions of the investigation. If the finding of the investigation conducted by the concerned County department, as reviewed by the Human Relations Department is illegal discrimination did not occur, the complainant will also be so advised in writing.
Investigations conducted independently by the Human Resources Department or in collaboration with the concerned County department are subject to the 45 calendar day investigatory time period. If the finding of the Human Resources Department concludes discrimination occurred because of an unlawful employment practice, the findings will be made known to the Department Head or appropriate County official(s) in order to remedy the situation and eliminate the practices which caused the problem. The Complainant will be advised, in writing, of the findings and conclusions. If the finding of the Human Resources Department is illegal discrimination did not occur, the complainant will be so advised in writing, and the Department Head or appropriate County official(s) will be apprised.
5. Notice of Rights. Even though the County of Riverside has established procedures for resolving complaints alleging discrimination, complainants will be advised of the right to file a complaint directly with the State of California Department of Fair Employment and Housing (DFEH) and/or the U. S. Equal Employment Opportunity Commission (EEOC). Information will be provided to the complainant regarding how to contact those agencies. Receipt of a complaint from DFEH or EEOC will take precedence over the filing of an internal complaint using the County of Riverside Discrimination Complaint Procedure.
6. Human Resources Department Function. The Human Resources Department serves as a neutral third party in seeking the facts and attempting to determine whether or not illegal discrimination did take place. Consequently, the Human Resources Department does not function as the advocate of the complainant nor of the County department involved.
7. Resolution. Complaints may be resolved by conference, conciliation, and persuasion at any time during the process.
Complaints shall be filed by using a "Discrimination Complaint Form".
ARTICLE XIV
ANTI-STRIKE CLAUSEIt is hereby agreed that the Riverside Sheriff's Association (RSA) shall not take part in, nor call, sanction, foster, nor support any strike, work stoppage, slow-down, sick-in, nor interference with the County's operation during the term of this Memorandum of Understanding. Should a strike, sick-in, picketing, boycott or any other interruption of work occur, the County shall notify the Riverside Sheriff's Association (RSA) of the existence of such activity and the Association will take all reasonable steps to terminate such activity and induce the employees to return to work.
ARTICLE XV
LAYOFF AND REINSTATEMENTSection 1. DEFINITION OF SENIORITY
Seniority shall be defined as the length of an employee's continuous service with a County department in a regular position, and shall be determined within each department from the day each employee was officially appointed to the department, provided, however, that any regular employee who, as a result of promotion, transfer, or voluntary demotion is appointed to a regular position in another department, shall for purposes of layoff, carry seniority previously acquired over to the new department.
Whenever more than one employee in a department has the same number of days seniority, the seniority of each employee as it relates to the others shall be determined by the Department Head.
Seniority shall continue to accrue during vacation, sick leave, layoff not exceeding two years, any authorized leave of absence of less than three months, or any call to military service for the duration of the call to duty. Seniority shall not accrue during any other break in continuous service, but seniority earned prior to the break in continuous service will not be lost.
Except as otherwise herein provided in Section 3 of this Article, an employee shall lose seniority upon resignation, retirement, termination, or failure to return to work from layoff within seven days after being notified to return by certified or registered mail addressed to the employee at their last address filed with the Human Resources Department.
When it becomes necessary to reduce the work force in a department, the Department Head shall designate the job classification and number of employees to be eliminated within their department or division, institution or other organizational unit of their department identified in the department sections of this ordinance, in making a reduction in the work force. No regular employee shall be laid off in any job classification if there are temporary employees or seasonal employees in an active status in the same job classification within the department.
Any reduction in the number of regular employees holding a job classification designated by a Department Head shall be made by layoff of employees in the following order of employment status:
- Temporary promotion employees;
- Probationary new employees;
- Probationary transfer employees, probationary promotional employees and permanent employees.
Layoffs of employees within each category of employment status shall be based primarily on length of continuous service within the department with the employee with the shortest seniority being laid off first. An employee may be laid off out of seniority when a less senior employee possesses essential skills necessary to the operation of the department subject to the approval of the Human Resources Director. Written notice shall be given employees laid off out of seniority of such fact.
After consultation with the Human Resources Director or a designee, the Department Head shall give notice to each regular employee affected by a reduction in force and to the recognized employee organization that represents the affected employee's representation unit, at least 14 days prior to the effective date of the action. A list containing the names of the employees to be laid off shall at the same time be given to the Human Resources Director. The notice shall include:
- The reason for layoff;
- The effective date of the action;
- The rules governing retention on the Departmental Reinstatement List; and
- If laid off out of seniority.
If an employee has previously held permanent or probationary status in another job classification within the department, and was not removed therefrom for disciplinary reasons, such employee shall, upon request, be given a transfer or demotion within the department to such other classification in lieu of layoff unless such action cannot be accomplished without authorization of another position or displacement of an employee with greater seniority. The affected employee must request such transfer or demotion within seven days of written notification of layoff by personal delivery or mailing of a certified letter.
An employee who would otherwise be terminated for failure to accept reassignment may terminate and be placed on the Departmental Reinstatement List if both of the following conditions exist:
C
- The employee is being reassigned to a position previously occupied by an employee who was laid off within twenty (20) working days of the effective date of the reassignment; and C
- If the new work location is more than 40 miles from the employee's current work location or the employee's home, whichever is closer. C
An employee who chooses to terminate and have their name placed on the Departmental Reinstatement List under this section shall notify the department in writing of the decision at least three working days prior to the effective date of reassignment. Such termination shall be on the same date as the reassignment would have been effective.
Section 4. DEPARTMENTAL REINSTATEMENT LIST
A. The name of every regular employee who is laid off, or transfers or demotes to a formerly held classification in the same department for longer than one pay period due to a reduction in force shall be placed on a Departmental Reinstatement List. Vacancies to be filled within a department shall be offered, first in order of seniority, to individuals named on the Departmental Reinstatement List who at the time of the reduction in force, held a position in the same job classification within the department as the vacancy to be filled.
The department, for reasonable cause, may require a reinstated employee to serve a probationary period of 1040 hours.
B. Prior to the effective date of layoff, every employee given notice of layoff for a period of time longer than one pay period, may schedule an employment counseling session with the Human Resources Department in order to determine those job classifications and locations within the County of Riverside for which the employee meets employment eligibility requirements and desires to be considered for employment.
C. Individual names may be removed from the Department Reinstatement List for any of the following reasons:
1. The expiration of two years from the date of placement on the list.
2. Reemployment with the County in a regular full-time position in a department other than that from which the employee was laid off.
D. Failure to report to work within seven days of mailing of a certified letter containing a notice of reinstatement to a position which is less than forty miles from the last work location or the employee's home, whichever is closer.
E. Failure to respond within seven days of mailing of a certified letter regarding availability for employment.
F. Request in writing to be removed from the list.
Section 5. STATUS ON REEMPLOYMENT.
A regular employee who has been laid off or terminates in lieu of reassignment and is reemployed in a regular position within two years from the date of layoff or termination shall be entitled to:
A. Restoration of all sick leave credited to the employees' account on the date of layoff or termination.
B. Continuation of seniority if reemployed by the same department from which the employee was laid off or terminated.
C. Restoration of seniority accrued prior to layoff shall be credited to the employee upon successful completion of the applicable probationary period when the employee is reemployed in another department.
D. Credit for all service prior to layoff for the purpose of determining the rate of accrual of vacation leave.
E. Placement in the salary range as if the employee had been on a leave of absence without pay if they are reinstated to the same job classification in the same department from which they were laid off or terminated.
For future step increases, the employees hours in a step within a range shall be the higher of:
1. The current hours in the step within the range of the current position held or;
2. The same number of hours in the step within the range of the position which he/she left.
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