AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF SAN MATEO AND THE DEPUTY SHERIFF’S ASSOCIATION

 
 

WHEREAS, the term of the current Memorandum of Understanding (MOU) between the County and the Organization of Sheriff’s Sergeants concludes on January 13, 2007 and permits reopeners to negotiate specified matters within specified years; and

 

WHEREAS, the Deputy Sheriff’s Association entered into negotiations and agreement has been reached on the reopener for 2004; and,

 

WHEREFORE, the parties agree as follows:

 

    1. The current MOU, with its previous amendments, shall be extended with the additional terms and amendments contained herein with a new expiration date of January 7, 2012 and shall be replaced with a consolidated MOU that includes all subsequent amendments and extensions.

 

    2. Barring any unforeseen impediments, the County agrees to make all good faith efforts to implement a Retiree Health Savings Account that will allow employees to defer pre-tax contributions to pay for future retiree medical benefits.

 

    3. Effective May 1, 2005, the third paragraph of Section 8.2. shall be amended to read as follows:

 

    “For purposes of determining eligibility for overtime compensation, any absence with pay, except sick leave, shall be considered as time worked. Sick leave will be considered as time worked under the following conditions:

    • The potential overtime hours occur due to the employee being called into work while officially assigned to be in an On-Call status. For example, the employee uses 8 hours of sick leave on Monday and is called into work from an On-Call status on Wednesday night and works 4 hours outside the regular shift. In this case, the employee will code 8 hours of sick leave on Monday and 4 hours of overtime on Wednesday.

    • The potential overtime hours occur due to the employee being ordered or mandated to work the additional hours when not in an On-Call status. For example, the employee uses 8 hours of sick leave on Monday and is called on Wednesday night and ordered to report to work for 4 hours outside the regular shift. In this case, the employee will code 8 hours of sick leave on Monday and 4 hours of overtime on Wednesday.

 

    Sick leave will not be considered as time worked under other circumstances. For example:

      • If the employee is not in an On-Call status and is not ordered or mandated to work the additional hours, sick leave used in that overtime calculation period shall not be considered as time worked for the purpose of eligibility for overtime compensation. For example, an employee calls in sick for an 8 hour shift on Monday. The employee is not scheduled to work a regular shift on Wednesday, but has either previously signed up for 8 hours of voluntary overtime for that day, or is called at home and is asked to work an 8 hour shift that day and agrees to do so voluntarily. In this case, the employee would code no sick leave for Monday, but would, instead, code 8 hours of straight time for Wednesday. There would be no overtime and no deduction from sick leave balances.

 

    The smallest increment of working time that may be credited as overtime is 6 minutes. Portions of 6 minutes worked at different times shall not be added together for the purpose of crediting overtime.”

 

    4. Section 21.3 shall be amended as follows:

 

    “Unless otherwise provided in this MOU, employees whose employment with the County is severed by reason of retirement during the term of this MOU shall be reimbursed by the County for unused sick leave at time of retirement as follows:

 

    Effective May 1, 2005, for each 8 hours of unused sick leave at time of retirement, the County shall pay for one month’s premium for health, dental, and/or vision coverage for the employee and eligible dependents (if such dependents are enrolled in the plan at the time of retirement) provided that the County shall not be obligated to contribute in excess of $640 per month (e.g., if an employee retires with 400 hours of unused sick leave, the County will continue to pay $640 toward health, dental and/or vision premiums on said employee for a period of 50 months). Should a retired employee die while receiving benefits under this section, the employee’s spouse and eligible dependents shall continue to receive coverage to the limits provided above. The $640 amount shall be increased to $675 effective January 1, 2006.

 

    Employees may increase the number of hours per month to be converted up to a maximum of 14 hours of sick leave per month. Such conversion may be in one full hour increments above a minimum of eight hours (e.g., if a worker converts 12 hours at the rate applicable between May 1, 2005 and January 1, 2006, he/she would reimbursed $960.00 instead of $640.00). The number of hours to be converted shall be set upon retirement and can be changed annually during open enrollment, or upon a change in family status that impacts the number of covered individuals (e.g., death of spouse, marriage and addition of spouse).

 

    There is no limit or cap on the amount of accrued and unused sick leave that may be converted under this section.”

 

    5. A new Section 21.7 shall be added to read as follows:

 

    “Effective April 24, 2005, employees covered by this MOU shall have an amount equal to 1.6% of salary deducted from their paychecks. To the extent permitted by law, this deduction shall be made on a pre-tax basis. This deduction shall be credited to the County to be used to offset the costs of the retiree medical benefit described in Section 21.3 above.

 

    6. The third paragraph of Section 8 of the June 15, 1999 agreement with the DSA is amended to read as follows:

 

    “Salary increases for the classification of Sheriff’s Correctional Officer shall be the same percentage as that of Deputy Sheriffs, as described above, effective the first day of the first full pay period in January of each year commencing in the calendar year 2001 and ending in January, 2005. Effective January 2006, the annual salary increase for the classification of Sheriff’s Correctional Officer shall be one-half percent (0.5%) less than the annual salary increase for Deputy Sheriffs.

 

    For Correctional Officers hired on or after April 24, 2005, a new salary structure will be established. One new beginning step will be added below the current “A” step and the top step will be the current “D” step.

 

    Salary increases for the classification of District Attorney Inspector shall be effective the first full pay period in January of each year commencing in the calendar year 2001. Such salary increases shall be the same percentage as that of Deputy Sheriffs, as described above.”

 

    7. Section 28.1 of the MOU is amended to read as follows:

 

    “Employees covered by this MOU who must provide their own uniform and equipment shall receive $650.00 per annum in additional compensation to cover the cost of maintaining such uniforms and equipment; such payment shall be made on the regular pay warrant that covers each new employee’s date of employment or, for current employees, on the pay warrant for the first full pay period of each January. Effective January, 2006, the $650.00 amount shall be increased to $825.

 

    In December, 2007 and December, 2009, the County shall conduct a survey of uniform allowances in the same 8 counties included in the annual salary survey. In January, 2008 and January 2010, the $825.00 uniform allowance shall be adjusted to the average of the 8 surveyed counties.”

 

    8. All employees who are required to purchase campaign hats and “Ike” jackets must purchase these items by March 1, 2006.

 

    9. The DSA and the County may each exercise the option to notice the other party to re-open the MOU on one non-economic item in July, 2008, and again in July, 2010. These reopeners may not be over any matter that results in an increased cost to the County.

 

    10. The DSA and the County agree to meet to consolidate the existing MOU and each of the amendments to it into a single document.

 
 
 

APPROVED AND ACCEPTED THIS 5TH DAY OF APRIL, 2005:

 
 

DEPUTY SHERIFF’S ASSOCIATION COUNTY OF SAN MATEO

 
 

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