(With 3/30/99 amendments)
COUNTY OF RIVERSIDE
AND
THE RIVERSIDE SHERIFF'S ASSOCIATION
OF RIVERSIDE COUNTY
ARTICLE XVI
ALCOHOL AND DRUG ABUSE POLICY*This Policy is included for reference and should not be construed as a matter subject to the meet and confer process.
I. PURPOSE
It is the intention of this policy to eliminate substance abuse and its effects in the workplace. While the County of Riverside has no intention of intruding into the private lives of its employees, involvement with drugs and alcohol off the job can take its toll on job performance and employee safety. Our concern is that employees are in a condition to perform their duties safely and efficiently, in the interests of their fellow workers and the public as well as themselves. The presence of drugs and alcohol on the job, and the influence of these substances on employees during working hours, are inconsistent with this objective.
Employees who think they may have an alcohol or drug usage problem are urged to voluntarily seek confidential assistance from the Employee Assistance Program Counselor. While County will be supportive of those who seek help voluntarily, County will be equally firm in identifying and disciplining those who continue to be substance abusers and do not seek help.
Supervisors will be trained to recognize abusers and become involved in this control process. Alcohol or drug abuse will not be tolerated, and disciplinary action, up to and including termination, will be used as necessary to achieve this goal.
The County will act to eliminate any substance abuse (alcohol, illegal drugs, prescription drugs or any other substance which could impair an employee's ability to safely and effectively perform the functions of the particular job) which increases the potential for accidents, absenteeism, substandard performance, poor employee morale or damage to the County's reputation. All persons covered by this policy should be aware that violations of the policy may result in discipline, up to and including termination, or in not being hired.
In recognition of the public service responsibilities entrusted to the employees of the County, and that drug and alcohol usage can hinder a person's ability to perform duties safely and effectively, the following policy against drug and alcohol abuse is hereby adopted by the County.
II. POLICY
It is County policy that employees shall not be under the influence of alcohol or drugs while on duty or on a standby or an on-call status; or consume alcohol or illicit drugs while on County property or at work locations or while on duty; or possess controlled substances or prescription drugs without a prescription while on duty. Employees shall not: manufacture, sell, provide, distribute, or dispense prescription drugs or controlled substances to any other employee or to any person while on duty unless authorized by law; or sell, provide, distribute, or dispense alcohol to any other employee while such employee is on duty.
While use of medically prescribed medications and drugs is not per se a violation of this policy, failure by the employee to notify their supervisor, before beginning work, when taking medications or drugs which could foreseeably interfere with the safe and effective performance of duties or operation of County equipment can result in discipline, up to and including termination. In the event there is a question regarding an employee's ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from a qualified physician may be required.
The County reserves the right to search, without employee consent, all areas and property in which the County maintains control or joint control with the employee, except the lockers of public safety officers, or other space for storage that may be assigned to public safety officers. No public safety officer shall have their locker, or other space for storage that may be assigned to them searched except in their presence, or with their consent, or unless a valid search warrant has been obtained or where they have been notified that a search will be conducted. This section shall apply only to lockers or other space for storage that are owned or leased by the County. The County may notify the appropriate law enforcement agency that an employee may have illegal drugs in their possession or in an area not jointly or fully controlled by the County.
Employees reasonably believed to be under the influence of alcohol or drugs shall be prevented from engaging in further work and may be detained for a reasonable time until they can be safely transported from the work site.
The County is committed to providing reasonable accommodation to those employees whose drug or alcohol problem classifies them as handicapped under federal and/or state law.
The County has established a voluntary Employee Assistance Program (EAP) to assist those employees who voluntarily seek help for alcohol or drug problems. Employees should contact their supervisors or the EAP Counselor for additional information.
III. APPLICATION
This policy applies to all employees of and to all applicants for positions with the County. This policy applies to alcohol and to all substances, drugs, or medications, legal or illegal, which could impair an employee's ability to effectively and safely perform the functions of the job.
IV. EMPLOYEE RESPONSIBILITIES AND AS A CONDITION OF EMPLOYMENT
An employee must:
A. Not report to work or be on a standby or an on-call status while their ability to perform job duties is impaired due to on or off duty alcohol or drug use;
B. Not possess or use controlled substances (illegal drugs or prescription drugs without a prescription) at any time, or use alcohol at any time while on County property or while on duty;
C. Not directly or through a third party manufacture, sell, distribute, dispense or provide controlled substances to any person, including any employee, at any time; or manufacture, sell distribute, dispense or provide alcohol to any employee while either or both are on duty;
D. Notify their supervisor, before beginning work, when taking any medications or drugs, prescription or non-prescription, which may interfere with the safe and effective performance of duties or operation of County equipment; and
E. Notify their supervisor of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction.
V. MANAGEMENT RESPONSIBILITIES AND GUIDELINES
A. Managers and supervisors are responsible for reasonable enforcement of this policy.
B. No persons shall physically search the person of employees, or shall they search the personal possession of employees without the freely given consent of, and in the presence of, the employee.
C. Managers and supervisors shall notify their Department Head or designee when they have reasonable suspicion to believe that an employee may have illegal drugs in their possession or in an area not jointly or fully controlled by the County. If the Department Head or designee concurs that there is reasonable suspicion of illegal drug possession, the Department Head shall notify the appropriate law enforcement agency.
VI. DISTRIBUTION
A copy of this policy shall be provided to every employee of the County of Riverside upon its adoption and each new employee hired on or after September 1, 1989.
VII. SUPERSESSION
This policy shall supersede any previous drug and alcohol policy of the County of Riverside. However, this provision of this policy is not intended to nor is it to be construed to supersede the drug and/or alcohol policy and/or general orders of any department of the County.
ARTICLE XVII
FLEXIBLE BENEFIT PROGRAMSection 1. ESTABLISHMENT OF THE PLAN
A. Purpose. The County of Riverside, a political subdivision of the State of California, hereby establishes a cafeteria plan, to be known as "The County of Riverside Flexible Benefits Program" (the "Plan"). The plan is intended to qualify as a plan described in section 125 of the Internal Revenue Code of 1986. The plan is established effective as of November 20, 1986, in order to provide eligible employees a means of choosing among various benefit programs on a favorable tax basis.
B. Applicability of Plan. The provisions of this plan are applicable only to the employees of the County in current employment who are members of a participating group of employees referred to under Article III, on and after November 20, 1986, who are enrolled in a benefit program offered under the welfare Benefit Plan (excluding dental) offered by the County and who meet the eligibility requirements of Article III.
C. Provision for Payment of Benefits. Payment of the costs of benefits which are provided under this plan comes from: County contributions of cash and to the extent additional funds are needed, with employee contributions of salary.
The capitalized words and phrases in this plan shall have the meanings set forth below:
A. The "Administrator" means the Health Benefits Officer of the County or a designee.
B. The "Code" means the Internal Revenue Code of 1986 as from time to time amended, supplemented, or superseded by laws of similar effect.
C. The "County" means the County of Riverside, a political subdivision of the State of California and, where the context requires, the duly authorized representative thereof.
D. "Contributory Coverage" means that coverage available to employees under a Welfare Benefit Plan and dental coverage for which the County makes contributions of cash on behalf of each employee and requires a salary reduction by an employee if the cost of the coverage exceeds the County's contribution made on behalf of the employee.
E. "Effective Date" means November 20, 1986.
F. "Employee" means an individual who is a "regular employee" as referred to in Salary Ordinance No. 440, of the County.
G. "Plan Year" means the calendar year.
H. "Welfare Benefit Plan" means any employee benefit program offered pursuant to this plan. Currently, the only such plans are the major medical coverage's offered on either an indemnity or prepaid basis and dental coverage, but not included are any vision, disability or accidental death or dismemberment plans which the County offers. Rights under any Welfare Benefit Plan offered pursuant to this Plan shall be determined only under the documents establishing the Welfare Benefit Plan, as amended from time to time, and which are incorporated herein by this reference.
I. Gender and Number. Except when other wise indicated by the context, any masculine terminology shall also include the feminine and the definition of any term in the singular shall also include the plural.
Section 3. ELIGIBILITY AND PARTICIPATION A person who is a member of a group of Employees (1) which is represented for collective bargaining purposed by an association or union which adopts this Plan through a memorandum of understanding with the County of (2) which is a classification of Employees with respect to which the County adopts the Plan shall be eligible to become a member of this Plan commencing with the effective date of such adoption. If a participant transfers to any position which is not covered by the Plan, employee shall cease to be a participant. The individual will again become a participant when they return to a position covered by the Plan.
A. Electable Benefits. The Compensation and benefits among which an employee may elect under this Plan are:
1. Salary, and;
2. Contributory Coverage's which are available to the Employee in lieu of salary. Included in the Contributory Coverage's are benefits available under the Welfare Benefit Plan and dental coverage as offered by the County.
An employee may elect to receive cash in lieu of County contributions only if the County contribution which would otherwise be made on his behalf exceeds the cost of the least expensive major medical coverage (not including dental) available under a Welfare Benefit Plan. The maximum amount an Employee who elects to receive cash under the preceding sentence may receive shall be the difference between the County contribution on behalf of the Employee as listed under Appendix A and the greater of the cost of the least expensive major medical coverage (not including dental) available under a Welfare Benefit Plan if the Employee selects the least expensive coverage available or the cost of the coverage selected by the Employee under a Welfare Benefit Plan pursuant to this Plan.
B. Election Under Plan. Elections under Section 4.1 shall normally be made for one year periods. Once per year at the date it specifies, the County shall permit each eligible Employee to make an election between a Contributory Coverage or cash in lieu thereof, as provided under Section 4.1. An employee may only revoke their benefit election and make a new election with respect to the remainder of the one year period to the extent permitted by the County, and only if both the revocation and the new election are on account of and are consistent with a change in family status (e.g., marriage, divorce, death of a spouse or child, birth or adoption of a child and deletion of dependents. In addition, elections may also be made not later than ninety days after an Employee first becomes eligible for a Contributory Coverage. Any election made by an Employee will remain in effect until changed by the Employee. C. Election Amendments by Administrator. The County may amend Employee elections under this Plan in the event the County determines that amendments are necessary or advisable in order to (I) satisfy the anti-discrimination requirements imposed on this Plan by the Code; (ii) prevent any Employee from having to recognize more income for Federal income tax purposes from the receipt of fringe benefits hereunder than would otherwise be recognized, due to the application of any anti-discrimination provision of the Code; or (iii) maintain the non-taxable status of benefits received under this plan or any benefit plan pursuant to the requirements of the Code.
D. Funding. This Plan shall be funded by County contribution of cash, and salary reduction contributions to the extent additional funds are needed by Employees in order to receive Contributory Coverage. County contributions shall be applied by the County to purchase Contributory Coverage's for electing Employees or to pay then cash as provided under Section 4.1. The maximum amount of nonelective County contributions available for any Employee shall be the amount as listed in Section 7, as may be amended from time to time. The maximum amount of salary that could be waived by Employees shall be the difference between the cost of the most expensive coverage available under a Welfare Benefit Plan that the Employee could select for the period in question and the nonelective County contribution made on the Employee's behalf. Each participant shall determine the amount of reduction in their salary to be used to purchase Contributory Coverage's for the Plan Year, for each biweekly pay period, prior to the beginning of such Plan Year, or: for the participant subject to a change in the family status referred to in Section 4.4, prior to the Effective Date specified by the participant in a written notification to the designated office of the County on such forms as the County may prescribe.
Section 5. RECEIPT OF BENEFITS
A. Controlling Effect of Benefit Plans and Programs. All claims for benefits shall be subject to and governed by the terms and conditions of the particular benefit plan or program adopted by the County with respect thereto and the rules, regulations, policies, and procedures from time to time adopted in accordance therewith.
B. Insurance. To the extent that insurance or prepaid benefit coverage is procured to provide any of the benefits elected by Employees pursuant to this plan, an Employee's right to such benefits shall be limited to the amounts payable by such insurance, or available under the prepaid program, and the receipt thereof shall be subject to satisfaction of all of the terms, covenants, conditions, rules and regulations of the insurer or prepaid program. The County shall not have any independent obligation or duty to provide benefits to participants to the extent that such benefits are to be provided by the insurance or prepaid program. The County shall have the right from time to time to change the coverage's or carriers of any one or more insurance policies without written notice to Employees.
Section 6. ADMINISTRATIVE PROVISIONS
The Administrator shall administer the Plan and shall have such duties and powers as may be necessary to discharge its duties hereunder, including, but not limited to, the following:
A. To construe and interpret this Plan, to decide all questions of eligibility and participation and to determine the benefit plans and programs to be covered by this Plan;
B. To prescribe procedures to be followed by Employees to make benefit elections pursuant to this Plan;
C. To prepare and distribute information explaining this Plan and the benefit plans and programs covered hereby in such manner as the Administrator determines to be appropriate;
D. To request and receive from all Employees such information as the Administrator shall from time to time determine to be necessary for the proper administration of this Plan;
E. To furnish each Employee with such reports with respect to the administration of this Plan as the Administrator determines to be reasonable and appropriate;
F. To receive, review and keep on file such reports and information concerning the benefit plans and programs covered by this Plan as the Administrator determines from time to time to be necessary and proper; and
G. To appoint or employ such individuals or entities to assist in administration of this Plan as it determines to be necessary or advisable, including legal counsel and benefit consultants.
The County may amend, alter, or change the benefit plans and programs covered by this Plan and may amend or terminate the Plan itself.
Commencing December 31, 1998, the County shall increase its contribution towards the County's Flexible Benefit Plan by $20.00 per month on behalf of each active employee in the Law Enforcement Unit. As a result, the County's new total monthly contribution, including the $25.00 contribution toward the PEMHCA or the County alternative plan, shall be $330.44 per month.
Effective January 2, 2001, the County shall increase its contribution towards the County's Flexible Plan by an additional $15.00 per month on behalf of each active employee in the Law Enforcement Unit. As a result, the County's new total monthly contribution, including the $25.00 contribution toward the PEMHCA or the County alternative plan, shall be $345.44 per month.
County offered health insurance coverage is mandatory in order to receive cash back. If monies remain after health and dental insurance premium deductions, said monies may be taken in cash up to the aggregate total of the County's contribution. Dental insurance is optional.
For example:
Health Insurance Premium = $170.00 Dental Insurance Premium $ 20.00 Total $330.44 PROVISIONS FOR ALL CLASSES EXCEPT DEPUTY CORONERS
Optical Insurance
Effective August 20, 1992, the County shall provide an optical plan as an option under the County's Flexible Benefit Plan (cafeteria plan). Members who participate shall be covered commencing October 1, 1992. The premium cost for optical insurance shall be made from the existing County contribution to the Flexible Benefit Plan or by the employee contribution (no additional County contribution shall be made for this benefit in this agreement). An employee who selects only that option for optical insurance (and therefore does not elect to procure health insurance coverage) does not qualify for cash back under the Flexible Benefit Plan.
Long Term Disability Insurance
In lieu of providing to employees in the Law Enforcement Unit the Long-Term Disability Insurance benefits presently available through the County's "self-funded" plan, the County will pay directly to RSA on or before the first date of each month an amount equal to the product of multiplying by $21.00 the number of employees in the Unit who would have been eligible to participate in the County plan at that time. Those monies shall be applied by RSA toward the payment of premiums for long term disability benefits for those employees under a plan or plans selected by RSA.
Effective June 1, 1991, the County's Long Term Disability Insurance Policy shall be amended as follows:
A. The definition of disability shall be as follows: An employee is disabled from all occupations if, as a result of sickness, accidental bodily injury or pregnancy, an employee is unable to perform with reasonable continuity the material duties of any gainful occupation for which he/she is reasonable fitted by education, training and experience. Gainful is interpreted to mean the same station in life. B. Reciprocity: An employee who is absent from work due to an industrial disability shall not be entitled to receive both (a) full salary in lieu of temporary disability benefits pursuant to this Agreement or Section 4850 of the Labor Code and (b) benefits available under the County's Long Term Disability Insurance Plan.
C. Correctional Deputies: Employees in the Correctional Deputy classification covered by this Agreement shall be included in the County's Long Term Disability Insurance Plan effective June 1, 1991 and shall no longer be included with the County's Short Term Disability Insurance Plan.
Deputy Coroner Provisions
Optical Insurance. The County agreed to providing an optical plan as an option under the County's flex benefit plan (cafeteria plan) subject to the insurance committee proceedings as shown in a subsequent section of this agreement, an any subsequent meet and confer session or impasse procedure in order to reach agreement. The premium costs for optical insurance shall be made from the existing County contribution or employees contributions (no additional County contribution shall be made for this benefit in this agreement). An employee's option for optical insurance only does not qualify the employee for cash back.
Deferred Compensation. The County shall accept lump sum payments of accumulated vacation, sick leave, holiday and compensation time upon retirement up to $7,500 total in any one (calendar year) in accordance with the County's approved Deferred Compensation Plan.
Long Term Disability Insurance In lieu of providing short term disability insurance benefits, Deputy Coroners will be enrolled in the County's long term disability insurance program at a rate not to exceed $412.97 per year.
ARTICLE XVIII
SENIOR PROGRAMS/PROMOTIONAL PROCEDURESSection 1. SHERIFF'S DEPARTMENT SENIOR PROGRAM
Senior Position Allocation. Ten percent of the authorized positions for both Deputy Sheriff and Correctional Deputy for each station or facility will be appointed to the classification of Senior Deputy.
Employees Affected Sheriff's Department peace officers holding the ranks of Deputy Sheriff and Sheriff's Investigator, and Sheriff's Department custodial officers classified as Correctional Deputy II and Correctional Corporal.
Senior Classifications Employees appointed to Senior positions shall be classified as "Senior Deputy Sheriff", "Senior Sheriff's Investigator", "Senior Correctional Deputy II" or "Senior Correctional Corporal".
Categories of Senior Employees For purposes of the Senior Program, eligible employees and allocated Senior Positions will be divided into three categories: Corrections, comprised of Deputy Sheriff's and Correctional Deputies II and III assigned to the Corrections Division; Field Services, comprised of Deputy Sheriff's and Sheriff's Investigators assigned to patrol and support functions; Court Services, comprised of Deputy Sheriff's and Sheriff's Investigators assigned to the courts and support functions. Eligible employees will compete only within their category. Any Senior transferring out of a Division to which the specific Senior was allocated, to a non parallel job or position, will lose their Senior status or eligibility position and must re-test for a Senior position when eligible.
Eligibility - Field Services and Court Service.
Employees who:
- Are not on initial or promotional probation,
- Possess a basic P.O.S.T. certificate,
- Have a competent performance evaluation (E.R.)
Eligibility - Corrections.
Employees who:
- Have completed 12 months of continuous service at current assignment and classification.
- Deputies are performing at a competent level in their present assignment.
- Deputies must agree to serve a 12-month period in Corrections after appointment to Senior Deputy.
- Correctional Deputy II and Correctional Corporal who have a competent E.R.
Basic Provisions
1. The Senior classification consist of those employees recognized as exemplary performers. The Sheriff shall designate employees to the Senior classification only from a list of eligible candidates which has been developed by an assessment board. Designation to the Senior classification will not be based solely upon a candidate's current assignment, but upon the candidate's proven ability to perform at an exemplary level.
2. Employees designated to the Senior classification will retain their primary job functions except as department procedures allow for re-assignment and movement of personnel.
3. Senior employees can expect added responsibilities as might be required by the Sheriff, which may include functional supervision, as designated, of other employees.
4. Employees designated to the Senior classification shall retain their Senior status through any re-assignment within the same bureau, station or corrections facility unless returned to their prior classification or if transferred to a different bureau, station or corrections facility.
5. A Senior employee who "voluntarily" transfers to a different work site, within the same category, i.e., field, courts or corrections assignment, will lose their Senior classification and shall be placed on the existing eligibility list of the new bureau or station in the current position number six, or if there are fewer than six persons on the list, in the last position.
6. A Senior employee who is "involuntarily" transferred to a different work site, within the same field, courts or corrections assignment, will lose their Senior classification and shall be placed on the existing eligibility list of the new bureau or station in tie with position number one. The tie shall cease to exist when one of the candidates in position number one is designated as Senior.
7. An employee "eligible" for a Senior position who is voluntarily transferred to a different work site, within the same field, court or corrections assignment, shall be placed on the existing eligibility list of the new bureau or station in the current position number six, or if there are fewer than six person on the list, in the last position.
8. An employee "eligible" for a Senior position who is "involuntarily" transferred to a different work site, whether in a field, court or corrections assignment, shall be placed on the existing eligibility list of the new field, courts or corrections station in tie with the same position currently held at the previous bureau or station. The tie shall cease to exist when one of the candidates in the ties position is designated as Senior.
9. Corrections Seniors transferred internally between Riverside Jail, R.P.D.C., RCRMC, and Planning; or between Banning Jail and B.C.F., will not lose their Senior status.
10. The President of the Association, if a Senior employee at the time of election, shall retain their Senior classification while serving as Association President. The President may also be appointed to a Senior classification under the bureau/station assigned before serving as President, if eligible.
Salary. Nine (9) ranges above the employee's current range of pay at the same step.
Insignia. Senior employees shall wear upon the service uniform an identifying insignia as established by the Sheriff.
Procedure for Senior Designation When directed by Departmental Memorandum, employees meeting the eligibility requirements may apply for placement on the Candidates" Eligibility List be completing an application on a standardized form and submitting the application to Sheriff's Administration. The employee shall attach to the application their most recent employee performance evaluation (E.R.) and optionally, a resume. The applications and attachments shall be reviewed and used by the assessment board in compiling an eligibility list for successful candidates. The Sheriff shall select employees from the eligibility list for designation to the senior classifications.
Assessment Board The assessment board shall evaluate each applicant for Senior classification based upon the written application, most recent performance evaluation (E.R.) submitted, work history, past and present experience, past and present performance, judgment and reasoning ability, leadership ability, education and performance during the assessment board interview. The interview may include scenarios intended to elicit responses illustrating the applicant's judgment and knowledge.
A standardized rating form with instructions, developed jointly by the Sheriff and the R.S.A. President, or their designees, shall be used by each assessment board member in evaluating each applicant. The rating form shall be averaged to obtain the applicant's final score. Applicants with a final score of 70% or greater shall be placed on the Candidates Eligibility List in descending order of scores. Notification and posting of the eligibility list shall follow the promotional procedure. There shall be eligibility lists for Deputy Sheriff's, Sheriff's Investigators, and Correctional Deputies II and Correctional Corporal, for field services, court services and corrections separately. The Sheriff shall promote to the Senior classifications from the top six candidates o the eligibility list appropriate for the vacant position.
An assessment board shall convene and develop an eligibility list once every two years. If an eligibility list has six or fewer names, the Sheriff may convene an assessment board to develop a new Candidates' Eligibility List, which will expire at the end of the original two-year testing. No candidate shall remain on a list for a period longer than 24 months without retesting.
Separate assessment boards shall be formed relative to the positions to be filled, i.e., field, court services and corrections. Each member of the board is to be a Department member with relevant knowledge and experience to those job classifications to be evaluated. The assessment board shall consist of five (5) members. The chairperson will be a lieutenant or above, chosen by the Sheriff. The remaining board members shall be chosen, two by the Department and two by RSA. The assessment board for court services shall be selected as above, except one selection by the Sheriff will be one from court services east and one court services west. The selections by RSA will be one from court services east and one from court services west.
Demotions Any employee designated to a Senior classification may be demoted at the discretion of the Sheriff for failure to maintain a level of exemplary performance. A demotion caused by job performance is grievable through existing county-wide grievance procedures. The burden of proof will rest with the employee to prove that here was an abuse of discretion on the part of the Department. The Association agrees that demotions caused by transfer are not a grievable matter.
Other Provisions
1. The Sheriff's Department's Senior Program is intended to be a permanent program to reward employees for exemplary performance. However, it may be changed in whole or part through the negotiation process during regular contract negotiations. By mutual agreement, a re-opener can take place during the term of an M.O.U./contract to resolve specific problems with the program.
2. The Sheriff shall not leave any Senior classification position vacant, except for a reasonable period, following 1) promotion or demotion from the position, 2) abandonment of the position, 3) termination of the employee holding the position, 4) exhaustion of the list (no remaining candidates), 5) the Sheriff's declaration that the list is exhausted (six or fewer candidates at the option of the sheriff), or 6) the transfer of an employee with a Senior classification to another bureau or station.
3. The Deputy Sheriff, Sheriff's Investigator, and Correctional Deputy II and Correctional Corporal pay scales shall continue to be negotiable.
4. There is no limit as to the period of time that an employee appointed to the Senior classification can remain in that classification, unless transferred or promoted to a higher rank, or demoted. The intent of the program is not to rotate the available Senior classification positions from employee to employee, but instead to reward individuals on a continuing basis for providing service in an exemplary manner within a given bureau or station.
DISTRICT ATTORNEY INVESTIGATOR ENHANCEMENT PROGRAM
Employees Affected Senior District Attorney Investigator.
New Classification Senior District Attorney Investigator II.
Number of Positions Four (4) at the new classification county-wide.
Eligibility One year of employment as a Senior District Attorney Investigator at the 9th Step of the salary range with the Riverside District Attorney's Office.
Provisions Employees that the District Attorney identifies and recognizes as exemplary performers. The District Attorney may only designate persons to the Senior D.A. Investigator II classification from a list of eligible candidates, which list will come from an Assessment Board. Employees designated to this classification will retain their primary job function or investigative assignment except as department procedures presently allow for reassignment and movement of personnel. Designation to Senior D.A. Investigator II will not be based solely upon a candidate's present assignment but instead on the candidate's proven ability to perform at an exemplary level. A Senior D.A. Investigator II can expect added responsibility as might be required by the District Attorney or the Chief Investigator which may include the exercise of functional supervision over lower-level classes consisting primarily of the review of completed work and limited supervision or direction on more technical or difficult programs or investigations. Senior D.A. Investigator's designated to the II position remain as Senior D.A. Investigator II's through any reassignment unless they are returned to their prior classification through demotion.
Salary Nine (9) ranges above the Senior District Attorney Investigator classification at the same salary step.
Procedure for Designation Senior District Attorney Investigators meeting the minimum qualifications ("eligibility" above) may apply for placement on the eligibility list for Senior District Attorney Investigator II. Eligible candidates shall present their qualifications to an Assessment Board which judges a candidate's suitability for designation as a Senior D.A. Investigator II. Successful candidates passing the Assessment Board will be placed on an eligibility list from which the District Attorney selects employees for designation as a Senior D.A. Investigator II. Applications with resumes shall be submitted to the Chief Investigator.
Assessment Board Placement on the Senior D.A. Investigator II eligibility list requires successful completion of a thorough evaluation conducted by an Assessment Board. The Assessment Board shall evaluate candidates based upon their application, a resume, existing performance evaluations, and intensive interview by the Board.
A standard rating sheet will be used by each member of the Board. The individual rating sheets of the Board Members will be submitted to the Human Resources Department for tabulation where the rating sheets will be averaged to obtain the candidate's final score. Candidates scoring a passing grade shall be placed on the eligibility list in rank order of their final score with ties broken by hire dates. Notification and posting will be accomplished by procedures established by the Human Resources Department. The District Attorney shall designate Senior District Attorney Investigator II from the top six (6) candidates or top 50% of the list, whichever is greater.
The Assessment Board shall convene and an eligibility list be created once each two years, except when the list is exhausted, at which time an Assessment Board shall be convened for the purpose of providing a new eligibility list. The District Attorney may declare an eligibility list exhausted when five (5) or fewer candidates are left for consideration.
There will be two Assessment Boards - one to be used only once to establish the first eligibility list and the other as a permanent replacement for all future eligibility lists.
The first Assessment Board shall consist of three members:
a) One member from D.A. Investigation Management;
b) One member from D.A. Supervisory staff; and
c) One member from RSA to be agreed upon by the Chief Investigator and the RSA President.
The subsequent permanent Board will consist of four members:
a) Two members that hold the rank of Senior D.A. Investigator II; and
b) One member from D.A. Investigation Management; and
c) One member from D.A. Supervisory staff.
Demotions Demotions from Senior D.A. Investigator II differ from present demotional procedures. Any employee designated Senior D.A. Investigator II may be demoted at the discretion of the District Attorney. The affected employee may appeal such action to an independent third party whose decision is binding on the employee and the District Attorney. The burden of proof will rest with the employee to prove that there was an abuse of discretion on the part of the department. There are no other changes to the present grievance or appeal procedures. Employees demoted from Senior D.A. Investigator shall return to the employee's former classification at the previous salary range and step within the former classification.
Implementation Within 6 months from the date of adoption, the District Attorney's Office shall make designations to the Senior D.A. Investigator II classifications.
Miscellaneous Details
1. This program, as a whole or in part, may be changed through the negotiation process during regular contract negotiations. A mutually agree-to reopener can take place during the term of a contract/MOU for specific problem(s) within the Enhancement Program which both parties agree needs resolving.
2. There is no specific bureau or station allocation of Senior D.A. Investigator II's. The designations go to wherever the employee is currently assigned.
3. The District Attorney shall not leave any Senior District Attorney Investigator II position vacant except during a limited transitional period following a promotion or demotion from the position, abandonment of the position, termination of the employee holding the position, when the list is exhausted, or when the District Attorney declares the list exhausted (5 or fewer candidates).
4. A passing grade during the Assessment Board process has been tentatively set at 80% or higher. A rating sheet specifically designed for the Assessment Board will be used by its members with scoring criteria and specific instructions provided to insure that the candidates who are given passing scores are, in fact, exemplary performers, all of whom are eligible for designation as a Senior D.A. Investigator II.
5. Senior D.A. Investigator II's shall not be used to substitute for Supervising D.A. Investigators except as provided under Provisions, where such supervisory duties are limited to a particular assignment or program.
6. There is no limit to the period of time that an employee designated Senior D.A. Investigator II can remain in that classification unless promoted or demoted from the class. As long as the employee continues to perform at a superior level, demotion cannot occur absent other factors normally considered basis for demotion for any class of employee. The Program's intent is not to "spread the wealth" by moving the available Senior D.A. Investigator II positions from employee to employee, but to reward those employees, on a continuing basis, for providing service to the department and the county in an exemplary manner.
7. The District Attorney Investigator Enhancement Program is designed to be a permanent part of the District Attorney's Office as part of a continuing county efforts to recognize and reward exemplary employees.
Section 3. SHERIFF'S INVESTIGATOR AND SERGEANT PROMOTIONAL PROCEDURES EXAMINATION PROCESS
A. The examination process for the class of Sheriff's Investigator and for the class of Sheriff's Sergeant shall include a written examination administered by the Human Resources Department with a weight of 50%, an oral examination conducted by the Sheriff's Department with a weight of 20%, and an evaluation of promotability conducted by the Sheriff's Department with a weight of 30%. Candidates must attain a passing score on the written examination in order to compete in the oral examination and promotability evaluation portions of the examination process.
B. The Human Resources Department will compute the final combined, weighted score for the examination process for each candidate, based upon the three elements of the process described above.
C. The County shall make every effort with respect to the written promotional examination to provide specific source or reference material from which questions and answers have been derived and shall communicate it to the candidates at the time of the examination announcement. Examination Process Results
A. The Human Resources Department will notify all candidates by mail of their individual examination results including the score received on each examination and the final combined, weighted score.
B. The Human Resources Department shall provide the Sheriff's department with a list of eligible candidates in descending order, based upon the combined, weighted scores. The list shall not contain actual scores, but will indicate those candidates having received tied scores who therefore occupy the same position on the list. The Sheriff's department shall post copies of the above list on each bureau and station bulletin board.
Selection
The first selection for each position to be filled shall be made from either the top ten percent of those candidates available for the assignment, or the top six candidates (including all persons tied for the sixth position) of those available for the assignment, whichever is greater.
Availability
A. Candidates shall state their availability for promotional positions at particular station locations at the time of the oral examination.
B. Amendments to a candidate's statement of availability must be made in writing on forms provided by the Sheriff's department. Not more than three amendments will be allowed during the period for which the eligible list has been established.
Candidate's Right to Waive Candidates may waive no more than two offers of promotion. Waiver of a third offer of promotion shall result in the candidate's name being removed from the eligible list for the duration of the list.
ARTICLE XIX
MODIFIED AGENCY SHOPDuring the entire term of this agreement, the following provisions shall continue to apply:
Subject to Section 16, Dues Deduction of Employee Groups, Employee Relations Resolution of the County (Res. No. 89-350), upon the voluntary written authorization of representation unit employees, the County shall deduct and remit to R.S.A. dues for members of R.S.A.
Current employees in the unit who are now R.S.A. members shall remain R.S.A. members. Employees who are hired after the effective date of this Memorandum of Understanding, and who are in a job classification within the representative unit of R.S.A. covered by this Memorandum of Understanding, shall within thirty (30) days from the date of commencement of duties, become a member of R.S.A. or pay to R.S.A. a fee in an amount equal to R.S.A.'s bi-weekly dues; provided, however, that the unit member may authorize payroll deduction for such fee in the same manner as provided in paragraph 1, above.
Dues withheld by the County shall be transmitted to the R.S.A. Officer designated in writing by R.S.A. as the person authorized to receive such funds, at the address specified.
The parties agree that the obligations herein are a condition of continued employment for unit members. The parties further agree that the failure of any unit member to remain a member in good standing of R.S.A. or to pay the equivalent of R.S.A. dues during the term of this agreement shall constitute, generally, just and reasonable cause for termination.
The County shall not be obligated to put into effect any new, changed or discontinued deduction until the pay period commencing fifteen (15) working days or more after such submission.
No unit member shall be required to join R.S.A. or to make an agency fee payment if the unit member is an actual verified member of a bona fine religion, body, or sect which has historically held conscientious objections to joining or financially supporting employee organizations; this exemption shall not be granted unless and until such unit member has verified the specific circumstances. Such employee must, instead, arrange with R.S.A. to satisfy the obligation by donating the equivalent amount to a non-labor, non-religion charitable fund, tax exempt under Section 501(C)(3) of the Internal Revenue Code (IRC), chosen by the employee.
Whenever a unit member shall be delinquent in the payment of dues or fees, R.S.A. shall give the unit member written notice thereof and fifteen (15) days to cure the delinquency; a copy of said notice shall be forwarded to the County Employee Relations Director. In the event the unit member fails to cure said delinquency, R.S.A. shall request, in writing, that the County initiate termination proceedings. The termination proceedings shall be governed by applicable State laws and are specifically excluded from the Grievance Procedure Agreement or termination.
The County shall not deduct monies specifically earmarked for a Political Action Committee or other political activities unless such deduction is affirmatively, separately and specifically authorized in writing by the unit member.
R.S.A. shall keep an adequate itemized record of its financial transactions and shall make available annually to the County and, upon request to the employees who are members of R.S.A. within sixty (60) days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to accuracy by its President and Treasurer or corresponding principle officer, or by a Certified Public Accountant. A copy of financial reports required under the Labor Management Disclosure Act of 1959 or Government Code Section 3546.5 shall satisfy this requirement.
R.S.A. will defend, indemnify and hold harmless the County of Riverside from any loss, liability or cause of action arising out of the operation of this article.
R.S.A.'s indemnity obligation is more fully set forth as follows: R.S.A. will defend, indemnify and hold harmless the County of Riverside from any loss, liability or cause of action arising out of the operation of this article. Upon commencement of any such legal action, R.S.A. shall have the right to decide and determine whether any claim, liability, suit or judgement made or brought against, the County because of such action shall or shall not be compromised, resisted, defended, tried or appealed. Any such decision on the part of R.S.A. shall not diminish R.S.A.'s indemnification obligations under this Agreement.
The County, immediately upon receipt of notice of such legal action, shall inform R.S.A. of such action, provide R.S.A. with all information, documents, and assistance necessary for R.S.A.'s defense or settlement of such action and fully cooperate with R.S.A. in providing all necessary witnesses, experts and assistance necessary for said defense.
R.S.A., upon its compromise or settlement of such action, shall immediately pay the parties for such action, all sums due under such settlement or compromise. R.S.A., upon final order and judgement of a Court of competent jurisdiction awarding damages to any employee of the County, shall immediately pay to such employee all sums owing under such order and judgement.
ARTICLE XX
LABOR/MANAGEMENT COMMITTEEThe County and RSA agree to form a joint labor/management committee to work in good faith to develop a program to improve employee health and fitness as a means of improving job performance, reducing the potential for both work and non-work related injuries and/or disabilities, and potentially resulting in longer, more productive lives. Such committee shall initially meet no later than 30 days after the implementation date of this Memorandum of Understanding and shall continue to meet thereafter at times and locations agreed-upon by the committee members. The committee's initial agenda shall include the development of a physical fitness program which could include both incentives and disincentives; the examination of ways to reduce the use of both work related and non-work related paid time-off, and any other mutually agreed-upon related issues.
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