San Mateo County Council of Engineers is the recognized bargaining representative for the Professional Engineering Bargaining Unit, which organization has been certified as such. The bargaining unit as of the effective date of this MOU consists of employees in all allocated positions in classifications listed below:

(1) Assistant Engineer

(2) Associate Engineer, and

(3) Associate Civil Engineer

2.1. Dues Deduction

The Council may have the regular dues of its members within the bargaining unit deducted from employees’ paychecks under procedures prescribed by the County Controller. Dues deduction shall be made only upon certification from the Council that an employee has authorized such deduction, and shall continue until: (1) such certification is revoked, in writing, by the Council; or (2) the employee transfers to a unit represented by another employee organization or transfers to another unit that is unrepresented. Employees may authorize dues deductions only for the organization certified as the recognized employee organization of the unit to which such employees are assigned.

Not more than once per week (preferably bi-weekly on non-payroll Fridays), the Council will send a list of changes to its member listing by email to the Controller’s Office at payroll@smcgov.org with the following Certification statement:

 “I, NAME, TITLE, hereby certify that SMCCE possesses and will maintain an authorization (for dues deductions and/or voluntary political contribution deductions, as indicated) signed by the individuals on this list from whose salary or wages the deductions is to be made.”

Certified spreadsheets that arrive by the non-payday Friday will be processed for the following week’s payroll.

2.2. Forfeiture of Deduction

If, after all other involuntary and insurance premium deductions are made in any pay period, the balance is not sufficient to pay the deduction of Council dues required by this Section, no such deduction shall be made for the current pay period.

2.3. Fair Representation

The Council agrees that it has the duty to provide fair and non-discriminatory representation to all employees in all classes in the units for which this section is applicable regardless of whether they are members of the Council.

2.4. Hold Harmless

The Council shall indemnify, defend, and hold the County harmless against any and all claims, demands, suits, orders, or judgments, damage related to dues deduction and council security, or other forms of liability that arise out of or by reason of this Council Security Section, or action taken or not taken by the County under this Section. This includes, but is not limited to, the County’s attorney’s fees and costs.

2.5. Communications with Employees

The Council shall be allowed by a County department, in which it represents employees, use of available bulletin board space for communications having to do with official organization business, such as times and places of meetings, provided such use does not interfere with the needs of the department. The Council may distribute materials to employees within the unit it represents through County mail distribution channels if approved by the Director of Human Resources. This privilege may be revoked in the event of abuse after the Director of Human Resources consults with representatives of the Council. Any representative of the Council shall give notice to the department head or designated representative at least twenty-four (24) hours in advance of contacting departmental employees during and employee’s duty, provided that solicitation for membership or other internal employee organization business shall be conducted only during the non-duty hours of all employees concerned. Pre-arrangements for routine contact may be made by agreement between the Council and the department head and once made shall continue until revoked.

2.6. Use of County Buildings

County buildings and other facilities may be made available for use by County employees or the Council or its representatives in accordance with such administrative procedures as may be established by the County Manager or department heads.

2.7. Advance Notice

Except in cases of emergency as provided below, the Council, if affected, shall be given reasonable, advance, written notice of any new or change to an existing ordinance, resolution, rule or regulation directly relating to matters within the scope of representation proposed to be adopted by the County and shall, upon request, be given the opportunity to meet with the appropriate management representatives prior to adoption.

In cases of emergency when the foregoing procedure is not practical or in the best public interest, the County may adopt or put into practice immediately such measures as are required. At the earliest practicable date thereafter the Council shall be provided with the notice described in the preceding paragraph and be given an opportunity to meet with the appropriate management representatives.

2.8. New Employee Orientation

The County and the Council shall continue to work on best practices to ensure labor access to new employees for the purpose of educating them on their representation opportunities. Toward that goal, the County shall administer an opportunity for the Council to meet with new employees as follows:

All new employees are encouraged to attend the first new employee benefits orientation following the commencement of their employment. New employee Benefits Orientation is scheduled for every other week, and the Council will have up to thirty (30) minutes at the end of each session to provide information regarding its organization to its represented employees and members. One (1) member designated by the Union will be granted release time for this purpose, unless otherwise agreed to with Employee Relations.

The Council will be copied on the New Employee Orientation invitation sent to Council-represented workers.

For employees who do not attend a benefits orientation within the first month of their employment, the Council may schedule, at the supervisor’s discretion, up to thirty (30) minutes with each employee to meet directly with them to provide information. Release Time requested for this activity will be reviewed and approved by Employee Relations under normal Release Time processes.

2.9. Employee Roster

The County shall supply the Council monthly with a data processing run of the names and classifications of all employees in the units represented by the Council. Such lists shall indicate which employees were having dues withheld from their pay checks as of the date the roster was prepared, whether names were added to or deleted from the previous list, and whether each such change in status was by reason of leave of absence, termination or withdrawal from the Council. The lists shall be supplied without cost to the Council.

3.1. Attendance at Meetings

County employees who are official representatives of the Council shall be given reasonable time off with pay, including reasonable travel time, to:

(1) Formally meet and confer or consult with management representatives on matters within the scope of representation;

(2) To be present at hearings where matters within the scope of representation are being considered;

(3) To testify or appear as the designated representative of the Council in settlement conferences, hearings, or other proceedings before the Public Employment Relations Board, in matters relating to an unfair practice charge; or

(4) To testify or appear as the designated representative of the Council in matters before the Civil Service Commission.

The use of official time for these purposes shall be reasonable and shall not interfere with the performance of County services as determined by the County. Such representatives shall submit written requests for excused absences to the Human Resources Director at least two (2) working days prior to the scheduled meeting whenever possible. Except by agreement with the Director of Human Resources, the number of employees excused for such purposes shall not exceed three (3) individuals at any one time.

3.2. Handling of Grievances

The Council shall designate a reasonable number of representatives to assist in resolving grievances. The designation will depend on such circumstances as geographical locations, hours of employment and departmental organizational structure. The Council shall notify the Director of Human Resources in writing of the individuals so designated. Alternates may only be designated to perform representative functions during the absence or unavailability of all of the designated representatives.

Representatives may be relieved from their assigned work duties by their supervisors to investigate and process grievances initiated by other employees within the same bargaining unit. Requests for release time shall not be unreasonably denied. Representatives shall promptly report to the Council any grievances that may arise and cannot be adjusted on the job. Supervisory employees shall not represent non-supervisory employees in a grievance procedure where such activity might result in a conflict of interest.

Whenever an employee is required to meet with a supervisor and the employee reasonably anticipates that such meeting will involve questioning leading to disciplinary action, the employee shall be entitled to have a representative present if they so request. It is not the intention of this provision to allow the presence of a representative during the initial discussion(s) of an employee’s performance evaluation.

There shall be no discrimination because of race, creed, color, national origin, sex, sexual orientation, age, legitimate union activities, or any other classification protected by law, against any employee or applicant for employment by the Council or by the County or by anyone employed by the County; and to the extent prohibited by applicable state and federal law, there shall be no discrimination against any disabled person solely because of such disability.

5.1. Salary Ranges

The salary ranges for all employees in the aforementioned bargaining unit are as set forth in Exhibit A, which is attached hereto and made part hereof. The rates of pay set forth in the Exhibit A represent for each classification the standard biweekly rate of pay for full-time employment, unless the schedule specifically indicates otherwise. For the purposes of this section, the “biweekly” rate of pay, means the amount an employee is paid for a two-week period. The rates of pay set forth in Exhibit A represent the total compensation due employees, except overtime compensation and other benefits specifically provided for by the Board of Supervisors or by this MOU. Exhibit B sets forth premium and differential pay rates.

The rates of pay set forth in Exhibit A do not include reimbursement for actual and necessary expenses for traveling, subsistence and general expenses authorized and incurred incident to County employment.

Effective the pay period in which the Board of Supervisor’s approves the successor MOU in 2022, there will be a cost of living increase of three percent (3%).

Effective the pay period in which the Board of Supervisor’s approves the successor MOU in 2022, each full time employee in full, active paid status will receive a lump sum payment of two thousand dollars ($2,000) as a non-discretionary incentive to ratify the agreement. It is the intent of the parties that the lump sum payments will not be treated as salary or wages, as the payments are not provided as compensation for hours of employment or longevity pay. The lump sum payments will not be included in overtime/regular rate of pay calculations, and there will be no roll up effect of the lump sum payments. The County will withhold taxes from lump sum payments in accordance with federal and state requirements. The lump sum amount will be prorated for part time employees.

Effective February 19, 2023, there will be a cost of living increase of three percent (3%).

Effective February 25, 2024, there will be a cost of living increase of four percent (4%).

5.2. Entrance Salary

Except as otherwise provided herein, the entrance salary for employees new to County service shall be the minimum salary for the class to which they are appointed. When circumstances warrant, the Director of Human Resources may upon recommendation of the department head approve an entrance salary that is more than the minimum salary. The Human Resource Director’s decision shall be final. Such a salary may not be more than the maximum salary for the class to which that employee is appointed unless such salary is designated as a “Y” rate by the Board of Supervisors.

5.3. Salary Step Increases

Permanent and probationary employees serving in regular established positions shall be considered by the appointing authority on their salary anniversary dates for advancement to the next higher step in the salary schedule for their respective classes as follows. A step shall be defined as five and seventy-four one-hundredths percent (5.74%), and all references to a “step” in this agreement are understood to equate to five and seventy-four one-hundredths percent (5.74%). All increases shall be effective at the beginning of the next full pay period directly following their advancement to the next higher step in the salary schedule for their respective class.

Hours of Service Necessary for Step Increases:

(1) After completion of one thousand and forty (1,040) regular hours satisfactory service in Step A of the salary schedule, and upon the appointing authority’s recommendation, an employee shall be advanced to the next higher step in the salary schedule for the classification. If an employee is appointed at a step higher than the first step of the salary range for that classification, the first merit increase shall be after completion of two thousand eighty (2,080) regular hours of satisfactory service.

(2) After the completion of two thousand eighty (2,080) regular hours satisfactory service in each of the salary steps above A, and upon the appointing authority’s recommendation, the employee shall be advanced to the next higher step in the salary schedule for the classification until the top step of the range is reached.

(3) If an employee completes the one thousand forty (1,040) or two thousand eighty (2,080) hours in the middle of a pay period, the employee shall be eligible for an increase as follows:

 If the merit increase period is completed during the first week of a pay period the increase will be made effective with the start of the then current pay period.

 If the merit increase period is completed during the second week of a pay period the increase will be made effective with the start of the next pay period.

Special Merit Increases

Upon recommendation of the appointing authority and approval by the Director of Human Resources, employees may receive special merit increases at intervals other than those specified in this Section. The Human Resource Director’s decision shall be final.

Salary Step if Rejected During Probation

Employees who are rejected during the promotional probationary period who revert to their former classification shall return to the salary anniversary date held in the former class unless otherwise determined by the Director of Human Resources. The salary anniversary date for an employee shall not be affected by a transfer, downward reclassification or a demotion.

Prior Service Credits

(1) A permanent employee accepting provisional employment, as defined in the Civil Service Rule XI, Section 7, in a higher or different class in the County Classified Service, and who reverts to the former classification, shall retain the salary anniversary date in the former class on the same basis as if there had been no such provisional appointment.

Salary range adjustments for a classification will not set a new salary anniversary date for employees serving in that classification.

(2) Upon recommendation of the appointing authority and approval by the Director of Human Resources, provisional, temporary, seasonal and extra help employees shall be advanced to the next higher step in the salary schedule upon completion of the periods of service prescribed in this Section, provided that their service has been satisfactory. Continuous service in provisional, temporary, seasonal or extra help capacity shall be added to service in a regular established position for the purpose of determining an employee’s salary anniversary date, eligibility for salary increases, as well as vacation and sick leave accrual. However, such service may not be added if it preceded a period of over twenty-eight (28) consecutive calendar days during which the employee was not in a pay status, except by approval of the Director of Human Resources or except when the employee is absent from their position by reason of an injury or disease for which they are entitled to and are currently receiving Workers’ Compensation benefits.

5.4. Salary Step When Salary Range is Revised

Whenever the salary range for a class is revised, each incumbent in a position to which the revised schedule applies shall remain at the step in the previous range, unless otherwise specifically provided for by the Board of Supervisors.

5.5. Salary Step after Promotion

When an employee is promoted from a position in one class to a position in a higher class and at the time of promotion is receiving a base salary equal to or greater than the minimum base rate for the higher class, that employee shall be entitled to the next step in the salary schedule of the higher class which is at least one step above the rate they have been receiving, except that the next step shall not exceed the maximum salary of the higher class.

5.6. Salary Step after Demotion

When an employee is demoted, whether such demotion is voluntary or otherwise, that employee’s compensation shall be adjusted to the salary prescribed for the class to which demoted. The specific rate of pay within the range shall be determined by the Director of Human Resources, whose decision shall be final; provided however, that the Board of Supervisors may provide for a rate of pay higher than the maximum step of the schedule for the employee’s classification and designate such rate of pay as a “Y” rate (see Section 6.2 below), and also provided that an employee demoted as a result of abolition of a position shall be placed at the salary step in the lower classification which most closely approximates (but does not exceed) their salary in the higher classification.

If an employee takes a voluntary demotion to a classification previously held, the employee shall be placed at the same step in that classification which the employee held last. The employee’s service time at such step shall be the same as the service time held at such step previously.

For the purposes of improved career advancement opportunities, an employee taking a voluntary demotion to a classification in the higher series shall be placed at the salary step in the new salary range which most closely approximates such employee’s salary in the prior classification.

5.7. Longevity Pay

Effective February 21, 2021, longevity pay shall be:

 One percent (1%) of base salary after the equivalent of five (5) years of full time County service (10,400 hours).

 An additional one and one-half percent (1.5%) of base salary (for a total of two and one half percent (2.5%)) after the equivalent of ten (10) years of full time County service (20,800 hours)

 An additional one and one-half percent (1.5%) of base salary (for a total of four percent (4%)) after the equivalent of twenty (20) years of full time County service (41,600 hours)

 An additional two percent (2%) of base salary (for a total of six percent (6%)) after the equivalent of twenty-five (25) years of full time County service (52,000 hours).

6.1. Reclassification of Position

An employee in a position reclassified downward shall have the right to either (1) transfer to a vacant position in their present classification in the same or another department, subject to the approval of the head of the department into which the transfer is proposed, or (2) continue in the same position in the lower classification at a “Y” rate of pay when the incumbent’s pay is higher than the maximum step of the salary range for the lower classification.

6.2. Y” Rate Process Upon Reclassification

When an employee is reclassified downward, they shall continue in their present salary range, with cost of living adjustments, for two years, at which point the employee’s salary shall be frozen (“Y”-rated) until the salary assigned to the lower classification equals or exceeds such “Y” rate. The “Y” rate provisions of this section shall not apply to layoffs, demotions, or other personnel actions resulting in an incumbent moving from one position to another.

7.1. Work Period

The standard work week for employees occupying full-time positions consists of forty (40) hours unless otherwise specified by the Board of Supervisors. The appointing authority shall fix the hours of work with due regard for the convenience of the public and the laws of the State and the County. Employees occupying part-time positions shall work such hours and schedules as the Board and the appointing authority shall prescribe.

Except as provided below, the regular workweek shall consist of forty (40) hours within a seven (7) day workweek which begins Sunday morning at 12:00 a.m., and ends Saturday night at 11:59 p.m.

For employees working a 9/80 work schedule (with a regular day off every other week), each employee’s designated work week shall begin exactly four (4) hours after the start of their eight (8) hour shift on the day of the week that corresponds to the employee’s alternating regular day off.

7.2. Alternate Work Week Options:

The County may on a department by department, division by division or unit by unit basis offer alternate work week options. Such options may include but are not limited to 4/10 work week, 9/80 scheduling, flexible schedules and job sharing. Should a department or division agree to enter into an alternate work week agreement, the department except in cases of emergency as provided below also agrees to meet with the Union as soon as any problems with the alternate schedules are identified. Except in cases of emergency alternate schedules shall not be discontinued without such a meeting taking place. In all decisions regarding alternate work schedules the department heads decision is final.

In cases of emergency when the foregoing procedure is not practical or in the best public interest, the County may adopt or put into practice immediately such measures as required. At the earliest practicable date thereafter the Union shall be provided with the notice described in the preceding paragraph and be given an opportunity to meet with the appropriate management representative(s).

7.3. Voluntary Time Off Program

Full-time, permanent employees may request a reduction in their work through the Voluntary Time Off (VTO) Program as described in the County’s Voluntary Time Off Policy as summarized herein. Employees may apply for the VTO Program at any time during the year. Application forms shall be made available through payroll clerks and the Benefits Office. Approved applications for enrollment received after April 1st of each year will be effective the first pay period in July of that year. Approved applications received prior to April 1st will be effective the pay period following receipt of approved applications in Human Resources.

Participating employees shall be considered to be in a full-time pay status and the voluntary reduction in work hours will not affect the following benefits:

• Health Insurance Coverage

• Dental Insurance Coverage

• Basic Life Insurance

• Short Term Disability

• Pay for Work-Out-Of-Class

• Step Increases

• Probationary Period

• Seniority

• Supplemental Life Insurance

There will be no effect on accrual of vacation, sick leave and holidays; however, all regular or normal time taken off during the program for vacation, sick leave, holiday, or compensatory time will be compensated at the reduced hourly rate.

The following benefit areas may be impacted by VTO under the following circumstances:

• Overtime: Overtime compensation will not begin until after forty (40) hours have been worked during any one work week, and voluntary time off shall not be considered as time worked when determining eligibility for overtime compensation.

• Long Term Disability: Because the Long Term Disability Plan is based on the worker’s salary, the reduced work hours and the corresponding reduced salary may lower the premiums and the benefits derived.

• Retirement: VTO does not impact years of service, but may impact calculation of compensation. Workers should contact the Retirement Office for detailed information.

All applications are subject to approval by the applicant’s department head. Applications which are disapproved by the department head, or which are approved for a lesser amount of time than requested will be reviewed by the County Manager and the Human Resources Director whose decision is final.

8.1. Authorization

All compensable overtime must be authorized by the department head or designated representative in advance of being worked. If prior authorization is not feasible because of emergency conditions, a confirming authorization must be made on the next regular working day following the date on which the overtime was worked. Overtime worked must be in the job classification in which the person is regularly employed or in a classification for which the employee is authorized higher pay for work in a higher classification.

8.2. Definition

Except as otherwise provided by Charter, any authorized time worked in excess of the forty (40) hours during the employee’s normal work week (a fixed and regularly recurring period of 7 consecutive twenty-four hour periods) shall be considered overtime and compensable at the rate of one and one-half (1 ½) times the overtime worked, whether compensated by monetary payment or by the granting of compensatory time off. Overtime resulting from required attendance at training classes or training meetings shall be compensable at the straight-time rate in an amount equal to the overtime worked unless monetary payment at a different rate is prescribed for an employee covered by the Fair Labor Standards Act (FLSA). For the purpose of determining eligibility for overtime compensation, effective March 1, 2015, only County-recognized paid holidays shall be considered time worked. All other absences with pay shall not be considered time worked. The smallest increment of working time that may be credited as overtime is six (6) minutes. Portions of six (6) minutes worked at different times shall not be added together for the purpose of crediting overtime. Overtime shall be calculated from the employee’s base pay only unless another rate is specified by the FLSA.

Effective March 1, 2015, in recognition and effective upon the change in overtime calculation as described above, the salary ranges for all classifications in the bargaining unit was increased by one-half percent (0.5%).

8.3. Work Groups

The Director of Human Resources shall allocate all job classifications to the following work groups for purposes of determining overtime compensation as set forth below. The Human Resources Director’s decision shall be final, provided however, that prior to changing the work group of an existing classification covered by this MOU, the Human Resources Director shall notify the Council of the contemplated change and, if requested, discuss with the Council the reasons for the work group change.

(1) Work Group 1: Employees in Work Group 1 may be compensated for overtime worked either by monetary payment or by compensatory time off, at the employee’s option. Comp time which accrues in excess of eighty (80) hours must be liquidated by monetary payment. Monetary payments for overtime must be paid not later than the next payroll following the pay period in which the overtime was worked.

All employees considered non-exempt under the Fair Labor Standards Act shall be in Work Group 1.

(2) Work Group 5: Employees in Work Group 5 are considered exempt under the FLSA and may be compensated for overtime worked either by monetary payment or by compensatory time off, at the option of the employee. Compensatory time off which accrues in excess of eighty (80) hours must be liquidated by monetary payment.

Notwithstanding the allocation of job classifications to work groups, any employee covered by the FLSA shall be compensated in accordance with the Act.

Should the County, through some future Federal ruling, be exempted from the FLSA, the County shall then revert to the base rate for the computation of overtime.

8.4. Call Back

Employees required to report back to work during off-duty hours shall be compensated for a minimum of three (3) hours of overtime, except that this minimum shall not apply to employees in an on call status. Hours worked contiguous with the employee’s regular shift shall not be subject to call back pay.

8.5. Compensatory Time Off

When authorizing comp time off, department heads shall consider when employees wish to utilize the comp time. The Department Head’s decision shall be final. The smallest increment of compensatory time which may be taken off is six (6) minutes.

8.6. Scheduled Workday

Employees covered by this MOU will not have a scheduled workday reduced in whole or in part to compensate for time which they are ordered to work in excess of another regularly scheduled workday.

Shift differential pay, for the purpose of this Section, shall be defined as pay at a rate that is eight percent (8%) above the employee’s base pay. Base pay for the purpose of calculating shift differential shall be the employee’s base pay, including premium pay for being registered as a Civil Engineer or Land Surveyor.

Employees are not eligible for shift differential when they are out on sick leave. Effective March 1, 2015, all grandfathering and special agreements related to shift differential are eliminated.

Full-Time Employees who are assigned to work a full day, a portion or all of which is between 6 p.m. and 6 a.m. shall be paid at a shift differential rate for all hours worked between 6 p.m. and 6 a.m. during such a shift, up to forty (40) hours per week.

Full-Time Employees who work between the hours of 5 p.m. and 8 a.m. which said time is calculated as overtime hours, shall not be paid shift differential pay for said hours.

Full-Time Employees shall not be paid shift differential pay if the hours of work have been adjusted at the request of or for the convenience of the employee (i.e. such as a four-ten (4/10), nine/eighty (9/80), or other variable time schedule).

When warranted and in the interest of the County operation, department heads may assign employees to on-call status during off-duty time, to ensure that such employees will be available to respond or return to work to address unplanned, unforeseen, or emergency situations. While on-call, an employee is required to be available by phone at all times. While on call, the employee is not on duty, is not required to remain on County premises. An employee is not required to restrict personal activities while on-call, but must remain free of the influence of prescription drugs that adversely affect the employee’s ability to safety and effectively perform their job duties, alcohol, and illegal drugs.

This Section clarifies the process for the assignment of on-call for employees represented by the SMCCE bargaining unit.

10.1. On-Call Assignments

(1) Regular and Required On-Call Assignments: Each department may designate certain positions required to perform regular and mandatory on-call assignments, for which they earn on-call pay. The County will meet and confer with the Council prior to adopting mandatory on-call assignments.

(2) Voluntary On-Call Assignments: Departments may also designate certain positions eligible to volunteer for on-call assignments.

10.2. Process for On-Call Assignment

(1) Regular and required on-call assignments, and re-assignments as needed due to employee absences, will be assigned on a rotating schedule and equitably distributed to all employees in such designated positions.

(2) For Voluntary on-call assignments, a department may solicit volunteers on a rolling basis, and assignments will be provided on a first come, first serve basis. Individual voluntary on-call assignments may be assigned in the absence of sufficient volunteers on an ad hoc basis.

10.3. On-Call Compensation

Effective the first full pay period following the Board of Supervisors’ approval of a successor MOU in 2022, employees shall be paid an hourly rate of five dollars and forty cents ($5.40) for time in which they are required to be in an on‑call status. Employees required to report back to work during off-duty hours when in an on-call status shall not receive on-call pay while receiving overtime pay.

A salary differential of Seventy Dollars ($70.00) biweekly shall be paid to incumbents of positions requiring bilingual proficiency as designated by their respective Department Heads or their designee. Said differential shall be prorated for employees working less than full-time or who are in an unpaid leave of absence status for a portion of any given pay period.

Bilingual pay is effective the first pay period after Human Resources certifies the result of the bilingual exam. Under no circumstances is bilingual pay retroactive.

Designation of positions for which bilingual proficiency is required is the sole prerogative of the Department and is based on operational and staffing needs of the Department. Human Resources will oversee the bilingual examination, certify exam results and determine effective date of bilingual pay of any individual submitted by the Department for testing. The Union shall be provided listings of employees receiving bilingual pay on a biweekly basis.

Individuals who promote or transfer to another position or Department will be reevaluated by the receiving Department to determine if bilingual pay should be continued. Should bilingual pay be continued, the Department must submit a request for continuation with the Human Resources Department.

If any employee’s request for bilingual pay consideration is denied by the Department, such denial shall be subject to appeal to the Human Resources Director whose decision shall be final.

11.1. Hiring and Selection

The County will continue to recruit and hire employees based on a specific need for bilingual skills.

11.2. Testing

All employees hired to fill positions requiring bilingual skills will be tested for bilingual proficiency. Employee requests for bilingual testing will be referred to the Human Resources Department Director’s designee whose decision shall be final.

11.3. Continued Use of Bilingual Language Skill

Employees hired to fill positions requiring bilingual skills may be required to remain in bilingual pay positions. Employees who were selected to fill positions requiring bilingual skills during the implementation of the bilingual program will be allowed to voluntarily leave such positions provided management can reasonably replace said employees and there are sufficient positions within the classification that said employee can fill. Nothing herein precludes any of the above-specified employees from promoting to higher classifications.

11.4. Transfers

Transfers of employees occupying bilingual pay positions shall be in accordance with County policy and practice and shall not be in violation of this MOU. It is recognized that utilization of a bilingual skill may be the sole reason for transfer in order to meet a specific County need.

11.5. Exclusions

All employees in supervisory positions, as opposed to lead workers, will not be eligible for bilingual pay.

11.6. Review

Management shall periodically review the number and location of bilingual pay positions. If the County decides to reduce the number of filled positions in a specific division or location eligible for bilingual pay, the County shall provide individual employees with one full pay period of notice prior to loss of the bilingual pay eligibility.

11.7. Administration

Administration of the bilingual pay plan will be the overall responsibility of the Human Resources Department. Any disputes concerning the interpretation or application of the bilingual pay plan shall be referred to the Human Resources Director whose decision shall be final.

12.1. Definition of Layoff

The County may layoff employees because of lack of work, lack of funds, reorganization, or otherwise when in the best interest of the County.

12.2. Notice of Layoff

The department head will give at least thirty (30) days advance written notice to employees to be laid off except in an emergency situation in which case the Human Resources Director may authorize a shorter period of time.

12.3. Precedence by Employment Status

No permanent employee shall be laid off while employees working in a seasonal, temporary, provisional or probationary status are retained in the same classification unless that employee has been offered the seasonal, temporary or provisional appointment. The order of layoff among employees not having permanent status shall be according to the following categories:

(1) Extra-Help or Seasonal

(2) Temporary

(3) Provisional

(4) Probationary: among probationary employees in a given classification, order of layoff shall be according to reverse order of seniority as determined by total continuous County civil service, not continuous time in that probationary period.

Seniority

Layoffs shall be by job classification according to reverse order of seniority as determined by total continuous County civil service, except as specified above.

The following provisions shall apply in computing total continuous service:

(1) The following shall count as County service:

(a) Time spent on military leave,

(b) Leave to accept temporary employment of less than one (1) year outside the County government, and

(c) Leave to accept a position in the unclassified service.

(2) Periods of time during which an employee is required to be absent from their position by reason of an injury or disease for which they are entitled to and are currently receiving Workers’ Compensation benefits shall be included in computing length of service for the purpose of determining that employee’s seniority rights.

(3) Time worked in an extra-help or seasonal status shall not count as County service.

(4) Time worked in a permanent, probationary, provisional or temporary status shall count as County service. Part-time status shall count at the rate of one (1) year of continuous employment for each two thousand eighty (2,080) straight-time hours worked.

If two (2) or more employees have the same seniority, the examination scores for their present classification shall determine seniority.

12.4. Identification of Positions for Layoff

(1) The classifications in flexibly staffed series, including Assistant Engineer, Associate Engineer and Associate Civil Engineer, are treated as one classification for the purposes of layoff.

(2) When a classification has formal numbered options, each of which specifies separate hiring criteria, each option shall be treated as a separate classification for layoff purposes.

12.5. Procedures

(1) Employees who are laid off shall have the choices to:

(a) Take a voluntary demotion within the same department to a classification in which the employee had prior probationary or permanent status provided such a position is held by an employee with less seniority.

(b) On a departmental basis, displace the employee in the same classification having the least seniority in County service.

(2) A displaced employee may request the Director of Human Resources to place the employee’s name on the promotional eligible list or open eligible list for any classification for which, in the Human Resource Director’s opinion, the employee is qualified. The employee’s name will be above the names of persons who have not been displaced, ranked in the order specified in subsection 12.2.

(3) Pursuant to Rule XI, Sections 11 and 12 of the Civil Service Rules as revised, an employee may, with the approval of the Human Resources Director and the department head, demote or transfer to a vacant position for which the employee possesses the necessary skills and qualifications.

(4) A transfer, for layoff purposes, is defined as a change from one position to another in the same classification or in another classification, the salary range of which is not more than one step higher.

(5) Part-time employees shall not displace full-time employees, unless the part-time employee has held full-time status in the classification.

(6) In addition to all other options, employees in classifications at risk of being eliminated, as determined by the affected department head, may also be placed on the reinstatement list.

12.6. Names of Employees Laid Off to be Placed on Reemployment and General Eligible Lists

The names of employees laid off shall be placed on reemployment eligible lists as specified below. Former employees appointed from a reemployment eligible list shall be restored all rights accrued prior to being laid off, such as sick leave credits, vacation credits, and vacation accrual rate, and credit for years of service toward the calculation of seniority. However, such re-employed employees shall not be eligible for benefits for which they received compensation at the time of or subsequent to the date they were laid off.

The departmental reemployment eligible list for each classification shall consist of the names of employees and former employees having probationary or permanent status, and who were laid off or whose positions were reallocated downward as a result of reclassification. The rank order on such lists shall be determined by relative seniority as specified in subsection 12.3. Such lists shall take precedence over all other eligible lists in making certifications to the department in which the employee worked.

The general reemployment eligible list for each classification shall consist of the names of employees and former employees having probationary or permanent status, and who were laid off or whose positions were reallocated downward as a result of reclassification. The rank order on such lists shall be determined by relative seniority. Such lists shall take precedence over all other eligible lists, except departmental reemployment eligible lists, in making certifications on a County-wide basis.

The provisions of this subsection 12.4-6 shall not apply to employees who have accepted severance pay as defined in Section 13 of this MOU entitled “Severance Pay” upon termination of employment.

12.7. Abolition of Position

The provisions of this Section 12 shall apply when an occupied position is abolished resulting in a classified employee losing status in their assigned classification in their assigned department.

13.1. Application

In the event that an employee’s position is abolished and such employee is unable to displace another County employee as provided in Section 12 of this Memorandum of Understanding such employee shall receive one week of pay for each full year (2080 hours) of regular service to the County, and fifty percent (50%) of the cash value of their unused sick leave; provided, however that such employee shall be eligible for pay only if the employee remains in the service of the County until the employee’s services are no longer required by the department head. The County shall make every effort to secure comparable employment for the displaced employee in other agencies, and if such employment is secured, the employee will not be entitled to the aforementioned reimbursement.

13.2. Severance Pay

Severance Pay as described above shall not be denied because a full-time employee refuses to take a position that requires twenty-nine (29) hours or less work per week.

13.3. Health Benefits Following Layoff

The County will pay the County share of premium for nine (9) months of medical coverage only for an individual who are laid off. This coverage is contingent on the following conditions:

(1) The individual has not refused a County job offer.

(2) The individual is unemployed.

(3) The individual continues to pay their share of the premium.

(4) The coverage is for health insurance only, and does not cover dental or vision. Such coverage runs concurrently with COBRA and Cal COBRA.

13.4. Education Stipend

If an employee is laid off and not reemployed by the County through a transfer, demotion, or displacement of another employee, the County will pay up to four thousand dollars ($4,000) for tuition or fees in payment for accredited courses or training taken within twelve (12) months of layoff, and taken for the purpose of finding new employment. The administration of this new benefit will be determined by mutual agreement between the County and the Council.

14.1. Eligibility

Regular full-time employees in established positions shall be entitled to take all authorized holidays at full pay, not to exceed eight (8) hours for any one day, provided they are in a full pay status on both their regularly scheduled workdays immediately preceding and following the holiday. Part-time employees shall be entitled to holiday pay equivalent to their benefit status (half (½)-time employees shall receive four (4) hours, three-fourths (¾)-time employees shall receive six (6) hours). It is understood that employees on the Voluntary Time Off (VTO) Program are considered to be in a full pay status for purposes of this provision.

14.2. Holidays

The holidays in this County are:

(1) January 1 (New Year’s Day)

(2) Third Monday in January (Martin Luther King, Jr.’s Birthday)

(3) Third Monday in February (Washington’s Birthday)

(4) Last Monday in May (Memorial Day)

(5) June 19 (Juneteenth)

(6) July 4 (Independence Day)

(7) First Monday in September (Labor Day)

(8) Second Monday in October (Columbus Day/ Indigenous Peoples Day)

(9) November 11 (Veterans Day)

(10) Fourth Thursday in November (Thanksgiving Day)

(11) Friday following Thanksgiving Day

(12) December 25 (Christmas)

(13) Floating Holiday (Accrued on February 12th) (The floating holiday may be used starting in the first pay period that begins after February 12th.)

Every day appointed by the President of the United States or the Governor of the State of California to be a day of public mourning, thanksgiving or holiday. The granting of such holidays shall be discretionary with the Board of Supervisors.

If the legislature or the Governor appoints a date different from the one shown above for the observance of one of these holidays, then San Mateo County shall observe the holiday on the date appointed by the Legislature or the Governor.

Winter Recess Days

(1) Effective in December 2022, December 2023 and December 2024, the County shall provide three (3) paid winter recess holidays (the equivalent of twenty-four (24) hours for a full time employee) per year.

(2) For a three (3) day period designated by the County between December 26th and December 31st of each year during 2022, 2023 and 2024, the County agrees to hold a Winter Recess. During the Winter Recess, County departments and divisions employing members of this bargaining unit may move to minimum staffing levels and/or close business, depending on the needs of the department and the public served. Which departments and divisions will close or go to minimum staffing and which bargaining unit members will be required to work is entirely within the discretion of the Appointing Authority or their designee. The determination for closure shall be made by the Department Head and subject to County Manager and Board of Supervisors’ approval.

(3) During the Winter Recess, regular full-time employees in established positions shall be entitled to eight (8) hours of full pay for each day of the three-day Winter Recess, provided they are in a full pay status on both their regularly scheduled workdays immediately preceding and following the holiday. Part-time workers shall be entitled to holiday pay, not to exceed eight (8) hours for any one (1) day, in proportion to the average percentage of hours worked during the two (2) pay periods without holidays immediately preceding the pay period which includes the holiday.

(4) If any of the Winter Recess days falls on a day the employee is not regularly scheduled to work, or if an employee is required to work on a Winter Recess day, the employee shall be entitled to equivalent straight time off with pay. “Winter Recess” exchange days shall be scheduled in the same manner as vacation, unless the department’s policy is to schedule vacation per a vacation sign up list, in which case these days shall be scheduled in the same manner as a Floating Holiday This equivalent time off is limited to twenty-four (24) hours. No employee will be allowed to have an accumulation of more than forty-eight (48) hours of Winter Recess time to their credit at any one time. If an employee leaves County service with accrued Winter Recess hours, those hours will be cashed out with terminal pay. Employees working on a Winter Recess day shall be compensated in accordance with the provisions of this MOU.

(5) Winter Recess hours will not be included as hours worked for the purpose of calculating overtime.

14.3. Holiday Falling on a Sunday

If one of the holidays listed above falls on Sunday, the holiday will be observed on Monday.

14.4. Holiday Falling on Employee’s Regular Day Off

If any of the holidays listed above falls on a day other than Sunday and the employee is not regularly scheduled to work that day, or if an employee is required to work on a holiday, the employee shall be entitled to equivalent straight time off with pay. An employee may accrue equivalent straight time off earned up to one hundred twenty (120) hours with any time earned in excess of 120 hours cashed out at the equivalent straight time rate. If an employee leaves County service with accrued holiday hours, those hours will be cashed out.

14.5. Seasonal Employees

Seasonal employees are not entitled to paid holidays. If such employees work on holidays, they shall be paid the same amount as for any other day.

14.6. Hours Worked on a Holiday

Employees working on a holiday shall be compensated for such time worked at the rate of one and one-half (1-½) times the straight-time rate. This compensation may, at the option of the employee, be in the form of overtime pay or compensatory time off, but may not be a combination of the two.

15.1. Vacation Allowance

Employees, excluding seasonal or as herein otherwise provided, shall be entitled to accrue vacation with pay in accordance with the following schedule:

Effective the first full pay period following Board approval of this 2019 successor MOU, vacation accrual shall be as follows:

(1) During the first five (5) years of continuous service, vacation will be accrued at the rate of four (4) hours per biweekly pay period worked.

(2) After the completion of five (5) years of continuous service, vacation will be accrued at the rate of five (5) hours per biweekly pay period worked.

(3) After the completion of ten (10) years of continuous service, vacation will be accrued at the rate of six (6) hours per biweekly pay period worked.

(4) After the completion of fifteen (15) years of continuous service, vacation will be accrued at the rate of seven (7) hours per biweekly pay period worked.

(5) After the completion of twenty (20) years of continuous service, vacation will be accrued at the rate of eight (8) hours per biweekly pay period worked.

(6) After the completion of twenty-five (25) years of continuous service, vacation will be accrued at the rate of nine (9) hours per biweekly pay period worked.

(7) No employee will be allowed to have an accumulation of more than fifty-two (52) pay periods of vacation accrual to their credit at any one time. However, employees may accrue unlimited vacation time in excess of the maximum allowance when such vacation accrues because of remaining in a pay status during periods of illness or injury which precluded liquidating vacation credits earned in excess of the maximum allowed.

(8) No vacation time off will be permitted prior to the completion of thirteen (13) pay periods of service.

(9) Vacation may be used in increments of six (6) minutes.

(10) Seasonal employees do not accrue vacation credits, except that the service of an employee in a seasonal capacity may be included with service in a regular established position in computing vacation allowance for the purpose of this Section. However, such service in a seasonal capacity may not be included if it preceded a period of over twenty-eight (28) days during which the employee was not in a pay status.

(11) Vacation accruals are pro-rated for part time employees.

15.2. Vacation Schedule

The time at which employees shall be granted vacation time off shall be at the discretion of the appointing authority. Length of service and seniority of employees shall be given consideration in scheduling vacations and in giving preference as to vacation time.

15.3. Vacation Cash Out for Separated Employees

When an employee is separated from County service after continuous employment of at least thirteen (13) biweekly pay periods, the cash out value of the employee’s unused, accrued vacation shall be added to their final compensation. An employee separated before serving thirteen (13) pay periods shall not be eligible for vacation cash out.

16.1. Accrual

All employees, except seasonal employees, shall accrue sick leave at the rate of three and seven-tenths (3.7) hours for each two-week pay period of full-time work. Such accrual shall be prorated for any employee, except seasonal employees, who work less than full time during a pay period. For the purpose of this Section absence in a pay status shall be considered work.

16.2. Usage

Sick leave is accrued paid leave from work that can be used for any of the following purposes:

(1) Diagnosis, care, or treatment of an employee’s illness, injury, health condition, or exposure to contagious disease which incapacitates the employee from performance of duties. This includes disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth and recovery therefrom as determined by a licensed physician, or, under the Kaiser plan, a licensed health care professional. Use of accrued sick leave shall run concurrently with applicable statutory leaves, such as Family Medical Leave.

(2) The employee’s receipt of preventative care or required medical or dental care or consultation.

(3) The employee’s attendance, for the purpose of diagnosis, care, or treatment of an existing health condition of, or preventative care, on a member of the immediate family who is ill. For the purpose of this Section 16.2, immediate family means parent, spouse, domestic partner (defined as registered domestic partner under California Family Code § 297), son, daughter, sibling, stepchildren, mother in law, father in law, grandparents or grandchildren.

(4) The employee’s preparation for or attendance at the funeral of a member of the immediate family. For the purpose of preparation for or attendance at a funeral, immediate family also includes son-in-law, daughter-in-law, grandparents-in-law and siblings-in-law. Use of sick leave for this expanded definition is limited to a maximum of five (5) days if travel is required.

(5) The employee’s attendance to an adoptive child or child born to the employee or the employee’s spouse/domestic partner for up to six (6) weeks immediately after the arrival of the child in the home.

Qualifying employees are eligible for up to twelve (12) weeks of bonding leave under the California Family Rights Act (CFRA). Sick leave used concurrently with CFRA leave for the purpose of bonding following the birth, adoption or foster care placement of a child of the employee must be concluded within one (1) year of the birth or placement of the child. The basic minimum duration of such leave is two (2) weeks. However, an employee is entitled to leave for one of these purposes (e.g. bonding with a newborn) for less than two (2) weeks duration on any two (2) occasions.

(6) An employee who is a victim of domestic violence, sexual assault, or stalking may use up to one half (1/2) of their annual sick leave allotment to:

(a) Obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health safety or welfare of the employee or their child; or

(b) Obtain medical attention or psychological counseling; services from a shelter; program or crisis center; or participate in safety planning or other actions to increase safety.

16.3. Procedures for Requesting and Approving Sick Leave

When the requirement for sick leave is known to the employee in advance of their absence, the employee shall request authorization for sick leave at such time, in the manner hereinafter specified. In all other instances the employee shall notify their supervisor as promptly as possible by telephone or other means. Before an employee may be paid for the use of accrued sick leave, the employee shall complete and submit to their department head a request with the dates and hours of absence and such other information as is necessary for the request to be evaluated. If an employee does not return to work prior to the preparation of the payroll, other arrangements may be made with the approval of the department head and the Controller. The sick leave form shall be treated confidentially and be kept in a confidential file. The department head may require a physician’s statement from an employee who applies for sick leave or make whatever investigation into the circumstances that appears warranted before taking action on the request.

16.4. Accounting for Sick Leave

Sick leave may be used in increments of six (6) minutes.

16.5. Credits

When an employee who has been working in a seasonal or extra help category is appointed to a permanent position such appointee may receive credit for such extra help or seasonal period of service in computing accumulated sick leave, provided that no credit shall be given for service preceding any period of more than twenty-eight (28) consecutive calendar days in which an employee was not in a pay status.

If an employee who has unused sick leave accrued is laid off and subsequently re-employed in a permanent position, such sick leave credits shall be restored to the employee upon reemployment. The employee shall not have any portion of sick leave credits restored for which they received compensation at the time of or subsequent to the day of layoff.

16.6. Incapacity to Perform Duties

If the appointing authority has been informed through a doctor’s report of a medical examination that an employee is not capable of properly performing their duties, the appointing authority may require the employee to remain absent from work until the incapacity is remedied. During such absence the employee may utilize any accumulated sick leave, vacation, holiday and compensatory time.

16.7. Use of Sick Leave While on Vacation

An employee who is injured or who becomes ill while on vacation may be paid for sick leave in lieu of vacation provided that the employee:

(1) Was hospitalized during the period for which sick leave is claimed, or

(2) Received medical treatment or diagnosis and presents a statement indicating illness or disability signed by a physician covering the period for which sick leave is claimed, or

(3) Was preparing for or attending the funeral of a member of the immediate family.

No request to be paid for sick leave in lieu of vacation will be considered unless such request is made and the above substantiation is provided within fourteen (14) calendar days of the employee’s return to work.

16.8. Sick Leave During Holidays

Paid holidays shall not be considered as part of any period of sick leave, unless the employee is scheduled to work on that holiday.

17.1. General

Employees shall not be entitled to leaves of absence as a matter of right, but only in accordance with the provisions of law and this MOU. Unless otherwise provided, or in the event of disciplinary action, involuntary transfer, lay-off, or if an employee is no longer able to perform the essential functions of the job class with or without reasonable accommodation, the granting of a leave of absence also grants to the employee the right to return to a position in the same classification, or equivalent classification, in the same department, as the employee held at the time the leave was granted. The granting of any leave of absence shall be based on the presumption that the employee intends to return to work upon expiration of the leave. However, if a disability retirement application has been filed with the County Board of Retirement a leave may be granted pending decision by that Board. Nothing in this Section shall abridge an employee’s right under the Family and Medical Leave Act.

Total Period of Leave

Except for Disability Leaves as provided above and in Section 17.4 (2) (c) below, no leave of absence or combination of leaves of absence when taken consecutively shall exceed a total period of twenty-six (26) pay periods.

Approval and Appeals

Initial action to approve or disapprove any leave of absence shall be by the employee’s department head; however, leaves of absence of more than two (2) pay periods must also be approved by the Director of Human Resources. Denial of requested leave in whole or in part at the department head level may be appealed by the employee to the Human Resources Director, whose decision shall be final.

17.2. Benefit Entitlement

Employees on leaves of absence without pay for more than two (2) pay periods shall not be entitled to payment of the County’s portion of the premiums for the health, dental, life or long-term disability insurance, except as provided hereinafter or in accordance with legal requirements. The entitlement to payment of the County’s portion of the premiums shall end on the last day of two (2) full pay periods in which the employee was absent. An employee who is granted a leave of absence without pay for reasons of the employee’s illness or accident shall be entitled to two (2) biweekly pay periods of the County’s portion of the insurance premiums for each year of County service, or major fraction thereof, up to a maximum of twenty-six (26) pay periods payment of premiums.

Where applicable, payment of the County’s portion of the insurance premiums described in this Section 21.2 shall count toward fulfillment of statutory requirements for payment of the County’s contributions toward health insurance under the Family Medical Leave Act (FMLA), California Family Rights Act (CFRA) and California Pregnancy Disability Leave (PDL).

17.3. Seniority Rights and Salary Adjustments

Authorized absence without pay which exceeds twenty-eight (28) consecutive calendar days for either: (1) a leave of absence for personal reasons; (2) a leave of absence on account of illness or injury not compensated through Workers’ Compensation benefits; or (3) a leave of absence to fill an un-expired term in elective office shall not be included in determining salary adjustment rights or any seniority rights based on length of employment.

17.4. Job Incurred Disability Leave

(1) Job Incurred Disability Leave With Pay

(a) Definition: Job incurred disability leave with pay is an employee’s absence from duty with pay because of disability caused by illness or injury arising out of and in the course of their employment which has been declared to be compensable under the Workers’ Compensation Law. Only permanent or probationary employees occupying permanent positions are eligible for job incurred disability leave with pay. Job incurred disability leave runs concurrently with other applicable statutory leaves, including FMLA and CFRA.

(b) Payment: Payment of job incurred disability leave shall be at the base pay of the employee, and shall be reduced by the amount of temporary disability indemnity received, pursuant to Workers’ Compensation Law.

(c) Application for and Approval of Job Incurred Disability Leave With Pay: To receive pay for job incurred disability leave an employee must submit a request on the prescribed form to their department head describing the illness or accident and all information required for the department head to evaluate the request. The employee must attach a statement from a physician certifying to the nature, extent and probable period of illness or disability.

No job incurred disability leave with pay may be granted until after the County, the County’s Workers’ Compensation Adjuster, or the State Compensation Insurance Fund has declared the illness or injury to be compensable under the California Workers’ Compensation Law and has accepted liability.

(d) Length of Job Incurred Disability Leave With Pay: Eligible employees shall be entitled to disability leave for the period of incapacity as determined by a physician, but not to exceed a maximum of ninety (90) calendar days for any one illness or injury. Holidays falling within the period of disability shall extend the maximum time allowance by the number of such holidays. Job incurred disability leave runs concurrently with other applicable statutory leaves, such as FMLA and CFRA.

(2) Job Incurred Disability Leave Without Pay

(a) Definition: Job incurred disability leave without pay is an employee’s absence from duty without County pay because of disability caused by illness or injury arising out of and in the course of their employment which has been declared to be compensable under the Workers’ Compensation Laws. Only permanent or probationary employees occupying permanent positions are eligible for job incurred disability leave without pay. Such leave is taken after the disabled employee has used up allowable job incurred disability leave with pay and accrued credits for sick leave. At the employee’s option, vacation and compensatory time off accruals may also be used. Job incurred disability leave runs concurrently with other applicable statutory leaves, including FMLA and CFRA.

(b) Application for and Approval of Job Incurred Disability Leave Without Pay: To receive job incurred disability leave without pay an eligible employee must submit a request on the prescribed form to their department head describing the illness or accident and all information required for the department head to evaluate the request. The employee must attach to the request a statement from a physician certifying as to the nature, extent and probable period of illness or disability.

(c) Length and Amount of Job Incurred Disability Leave Without Pay: Job incurred disability leave without pay may not exceed twenty-six (26) biweekly pay periods for any one injury, and the combined total of job incurred disability leave with pay and job incurred disability leave without pay for one accident or illness may not exceed thirty-two (32) pay periods, unless otherwise determined through the interactive process.

17.5. Leave of Absence Without Pay

(1) General Provisions

(a) Qualifying: Only permanent or probationary employees occupying permanent positions are eligible for leaves of absence without pay under the provisions of this Section.

(b) Application for and Approval of Leaves of Absence Without Pay: To receive leave without pay, an employee must submit a request on the prescribed form to their department head describing the reasons for the request and all other information required for the department head, or their representative, to evaluate the request.

(c) Granting of Leaves of Absence Without Pay: An appointing authority may grant leave of absence without pay for up to a maximum of two (2) pay periods. Leaves of absence of more than two (2) pay periods must be approved by the Director of Human Resources and shall be subject to review by the County Manager, whose ruling shall be final. A leave of absence without pay runs concurrently with other applicable statutory leaves, such as FMLA and CFRA.

(2) Leaves of Absence Without Pay For Non-Job Incurred Illness or Injury: Leaves of Absence without pay on account of illness or injury which are not job incurred may be granted for a maximum period of twenty-six (26) full biweekly pay periods. This includes disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth and recovery therefrom. Such leaves will be granted only after all accrued sick leave credits have been used and shall be substantiated by a physician’s statement.

(3) Leaves of Absence Without Pay for Personal Reasons: Leaves of absence without pay on account of personal reasons unrelated to illness or injury (including but not limited to being employed on a full-time basis by the Council may be granted for a maximum period of thirteen (13) full pay periods. Such leaves shall only be granted after all accrued vacation and holiday credits have been used; however, an employee may request in case of personal emergency, including an emergency relating to the non-disability portion of maternity leave, that one (1) week of accrued vacation be retained. The decision of the Human Resources Director shall be final.

(4) Parental Leave: An employee/parent may be granted a leave of absence without pay for the purpose of fulfilling parenting responsibilities during the period of one (1) year following the child’s birth, or one (1) year following the filing of application for adoption and actual arrival of the child in the home. Such leave is to be for a maximum period of thirteen (13) pay periods. Use of accrued vacation, sick leave, compensatory time, or holiday credits shall not be a pre-condition for the granting of such parental leave. However, employees can choose to use accrued vacation, compensatory time or holiday credits during their parental leave. Parental leave runs concurrently with other applicable statutory leave, such as CFRA.

An employee shall take bonding leave provided under the California Family Rights Act (CFRA) concurrently with Parental Leave, in accordance with County policies.

17.6. Military Leaves of Absence

The provisions of the Military, Veterans Code of the State of California, and the Uniformed Services Employment and Reemployment Rights Act (USERRA) shall govern military leave of County employees.

17.7. Absence Due To Required Attendance in Court

Upon approval by the department head, an employee, shall be permitted authorized absence from duty for appearance in court because of jury service, in obedience to subpoena related to the employee’s San Mateo County employment or by direction of proper authority, in accordance with the following provisions:

(1) Said absence from duty will be with full pay to a maximum of eight (8) hours for each day the employee serves on the jury or testifies as a witness in a criminal case, other than as a defendant, including necessary travel time. As a condition of receiving such full pay, the employee must remit to the County Treasurer through the employee’s department head, within fifteen (15) days after receipt, all fees received except those specifically allowed for mileage and expenses.

(2) Attendance in court in connection with an employee’s usual official duties or in connection with a case in which the County of San Mateo is a party, together with travel time necessarily involved, shall not be considered absence from duty within the meaning of this Section.

(3) Any fees allowed, except for reimbursement of expenses incurred, shall be remitted to the County Treasurer through the employee’s department head.

(4) An employee required to appear in court in a matter unrelated to the employee’s County job duties or because of civil or administrative proceedings that the employee initiated does not receive compensation for time spent related to those proceedings. An employee may request to receive time off using vacation, compensatory, holiday or voluntary time off if accrued balances are available, or will be in an unpaid status, for time spent related to those proceedings. This provision does not apply to grievance proceedings pursuant to this MOU, San Mateo County Civil Service Commission proceedings, EAP or Peninsula Conflict Resolution Center (PCRC) mediation proceedings, or administrative proceedings related to the Meyers Milias Brown Act or the MOU between the parties.

17.8. Educational Leave of Absence With Pay

Educational leave of absence with pay may be granted to employees under the conditions specified in this Section. In order to be granted educational leave of absence with pay an employee must submit on the prescribed form a request to the appointing authority containing all information required to evaluate the request.

The County may, after approval of an employee’s application, grant leave of absence with pay for a maximum of sixty-five (65) working days during any fifty-two (52) pay periods for the purpose of attending a formal training or educational course of study. Eligibility for such leaves will be limited to employees with at least thirteen (13) pay periods of continuous service and who are not temporary or seasonal. Such leaves will be granted only in cases where there is a reasonable expectation that the employee’s work performance or value to the County will be enhanced as a result of the course of study. Courses taken as part of a program of study for a college undergraduate or graduate degree will be evaluated individually for job relatedness under the above described criteria. Educational leave of absence with pay will be granted for professional licensing exam and licensing review courses approved by the County.

The employee must agree in writing to continue working for the County for at least the following minimum periods of time after expiration of the leave of absence:

17.9. Absence Without Leave

(1) Refusal of Leave or Failure to Return After Leave: Failure to report for duty after a leave of absence request has been disapproved, revoked or canceled by the appointing authority, or at the expiration of a leave, shall be considered an absence without leave.

(2) Absence Without Leave: Absence from duty without leave for any length of time without a satisfactory explanation is cause for dismissal. An employee is deemed to have resigned if the employee is absent for five (5) consecutive work days without prior authorization and without notification during the period of absence. Regular employees will be given an opportunity to explain the absence and failure of notification before final action is taken. An employee separated for job abandonment will be reinstated upon proof of justification for such absence, such as severe accident, severe illness, false arrest, or mental or physical impairment which prevented notification.

17.10. Bereavement Leave

The County will provide up to twenty-four (24) hours paid bereavement leave upon the death of an employee’s parent, spouse, domestic partner, child (including through miscarriage or stillbirth), step-child, sibling, mother-in-law, father-in-law, grandparents, grandparent-in-law, or grandchildren.

In addition, employees may utilize accrued sick leave pursuant to Section 16.2.

18.1. Payment of Healthcare Premiums (Regular Full Time Employees)

The County and covered employees share in the cost of health care premiums. Effective April 1, 2011, the County will pay eighty-five percent (85%) of the total premium for the Kaiser HMO, Blue Shield HMO, or Kaiser High Deductible Health Plan (employees pay fifteen percent (15%) of the total premium), or the County will pay seventy-five percent (75%) of the total premium for the Blue Shield POS Plan (employees pay twenty-five percent (25%) of the total premium).

18.2. Permanent Part Time Employees

For County employees occupying permanent part-time positions, who work a minimum of forty (40), but less than sixty (60) hours in a biweekly pay period, the County will pay one-half (½) of the County contribution to the hospital and medical care premiums described above.

For County employees occupying permanent part-time positions who work a minimum of sixty (60), but less than eighty (80) hours in a bi-weekly pay period, or qualify for health benefits under the Affordable Care Act (ACA), the County will pay eighty-five percent (85%) of the Kaiser High Deductible Health Plan (HDHP) or three-fourths (¾) of the County contribution to the hospital and medical care premiums described above.

18.3. Healthcare Legislation Reopener

Upon request from the County, the parties will reopen Section 18 during the term of the agreement if necessary to address changes required under the ACA or other healthcare legislation.

Upon the County or the Council’s request, the County and Council shall reopen the issue of payment of any taxation assessed against employers in association with employer health insurance contributions, (e.g., the excise tax referred to as “the Cadillac Tax” under the Affordable Care Act), or other taxation resulting from future healthcare legislation.

18.4. Sick Leave Conversion to Medical Insurance Premiums Upon Retirement

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 their unused, accrued sick leave at time of retirement on the following basis:

(1) Employees Hired Prior to July 10, 2011:

For employees hired prior to July 10, 2011 who retire with less than fifteen (15) years of service with the County of San Mateo the conversion rate for each eight (8) hours of sick leave will be four hundred forty dollars ($440.00).

For employees hired prior to July 10, 2011 who retire with at least fifteen (15) years of service with the County of San Mateo, the conversion rate for each eight (8) hours of sick leave will be four hundred seventy two dollars and ninety-eight cents ($472.98). This amount will increase annually on January 1st by two percent (2%). Such contribution shall not exceed ninety percent (90%) of the Kaiser Employee-Only premium non-Medicare rate.

For employees hired prior to July 10, 2011 who retire with twenty (20) or more years of service with the County of San Mateo, the conversion rate for each six (6) hours of sick leave will be five hundred thirty one dollars and forty-three cents ($531.43). This amount shall be increased annually on January 1st by four percent (4%). Such contribution shall not exceed ninety percent (90%) of the Kaiser Employee-only premium non-Medicare rate.

(2) Employees Hired On or After July 10, 2011:

For employees hired on or after July 10, 2011 who retire from service with the County of San Mateo the conversion rate for each eight (8) hours of accrued sick leave will be four hundred dollars ($400). No inflation factor and no conversion at a lower number of hours based on years of service.

(3) Payment of Difference in Premium Cost: The County provides a specified contribution to retirees who have unused sick leave at the time of retirement. For each unused six (6) or eight (8) hours of sick leave at time of retirement the County will make a specified contribution, as defined above, to the monthly premium for the retiree. If the cost of the premium is greater than the County’s contribution, the retiree pays the difference through their retirement pay warrant. If the cost of the premium is less than the County’s contribution, the County will apply the difference to the retiree’s Medicare Part B premium cost.

(4) Additional Sick Leave Credit Upon Disability Retirement: The County will provide up to a maximum of two hundred eighty eight and six tenths (288.6) hours of sick leave (three (3) years of retiree health coverage) to employees who receive a disability retirement. For example, if an employee who receives a disability retirement has one hundred 100 hours of sick leave at the time of retirement, the County will add another one hundred eighty eight and six tenths (188.6) hours of sick leave to their balance.

18.5. Survivor Benefit

(1) Surviving Spouse of Active Employee: The surviving spouse of an active employee who dies may, if the spouse elects a retirement allowance, convert the employee’s accrued sick leave to the above specified limits providing that the employee was age fifty-0five (55) or over with at least twenty (20) years of continuous service.

(2) Surviving Spouse of Retiree: 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.

18.6. Additional Sick Leave Credit Upon Service Retirement

Employees who retire from the County of San Mateo via service retirement during the term of this contract will, upon exhaustion of accrued sick leave, be credited with additional hours of sick leave as follows:

(1) With at least ten (10) but less than fifteen (15) years of service with the County of San Mateo – ninety-six (96) hours

(2)) With at least fifteen (15) but less than twenty (20) years of service with the County of San Mateo – one hundred ninety two (192) hours

(3) With twenty (20) years or more of service with the County of San Mateo – two hundred eighty eight (288) hours

18.7. Amount of Hours Converted Per Month

Employees may increase the number of hours per month to be converted up to a maximum of fourteen (14) hours of sick leave per month. Such conversion may be in one (1) full hour increments above a minimum of six (6) or eight (8) hours. 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).

18.8. Out-of-Area Retirees

Retirees who live in areas where no County Health plan coverage is available, and who are eligible for conversion of sick leave credits to a County contribution toward health plan premiums, may receive such contribution in cash while continuously enrolled in an alternate health plan in the area of residence. This option can be selected at any time the retiree moves out of a County health plan coverage area. It is understood that such enrollment shall be the sole responsibility of the retiree.

This option must be selected either:

(1) At the time of retirement or

(2) During the annual open enrollment period for the County’s health plans, provided the retiree has been continuously enrolled in one of the County’s health plans at the time of the switch to this option.

Payment to the retiree will require the submission to the County of proof of continuous enrollment in the alternate health plan, which proof shall also entitle the retiree to retain the right to change back to any County-offered health plan during a subsequent open enrollment period.

An out-of-area retiree who has no available sick leave credits for conversion to County payment of health plan premiums may also select the option of enrollment in an alternate health plan in the area of residence, provided that no cash payment will be made to the retiree in this instance. Should such retiree elect this option during an open enrollment period, rather than at the time of retirement, s/he must have had continuous enrollment in a County-offered health plan up to the time of this election. Continuous enrollment in the alternate plan will entitle the retiree to re-enroll in a County-offered health plan during a subsequent open enrollment period.

18.9. Taxation

The County shall continue its practice of calculating employee contributions for health and dental premiums on a pre-tax basis consistent with Section 125 of the IRS Code.

18.10. Dependent Grandchildren

Effective October 20, 1996 grandchildren of custodial grandparents will be eligible dependents on all health, dental, and vision plans, whether or not formal adoption has occurred. This eligibility is contingent on documentation which is acceptable to the Health Plan.

19.1. Good Faith

The Council agrees that it will participate in good faith discussions concerning the County’s Health Plans. Both parties agree that revisions in Health Plans or in the contribution ratio between the County and the employee may be necessary to retain an equitable relationship between the gross premium and the County/employee contribution to that premium. The County agrees to provide information to support and inform such discussions.

19.2. Health Plan Changes

Health plan changes that are initiated by the health plan based on either legislative/regulatory changes or health plan organization policy changes are provided to employers each year. These changes are typically not significant in terms of the numbers of individuals who are impacted by the change. For instance, they do not often include co-pay changes for outpatient or inpatient physician or facility services, prescription drug co-pays or major plan design co-pays. Where health plans initiate these kinds of changes to the contract, Employee Benefits will share with labor the specific changes health plans are communicating at the time of renewal, before implementing the change. Where the changes may be eliminated by the employer purchasing, at additional cost, a rider to cover the benefit, it is the County’s desire to implement such changes without riders to keep its design in conformance with the health plans’ book of business design, provide however, it will first meet and confer with the Council on any such matter.

19.3. Benefits Committee

During the term of this MOU, the County and the Unions shall convene the Benefits Committee for the following purposes:

(1). To continue ongoing discussions regarding cost structures as a part of an overall strategy to maintain balanced enrollment in County plans,

(2) To investigate the feasibility of revising medical and/or dental coverage and/or plan(s) and strategies to integrate wellness program participation into benefit insurance cost structure,

(3) To address legislative changes to health insurance legislation, including, but not limited to, the Affordable Care Act.

The Benefits Committee will be composed of County and labor representatives, not to exceed two (2) representatives from each participating labor organization and four (4) County representatives.

19.4. Mid-Term Agreement Implementation

Agreements reached as part of the Benefits Committee may be implemented outside of negotiations if employee organizations representing a majority of employees agree, providing, however, all employee organizations are given an opportunity to meet and confer regarding such agreements.

20.1. Dental Care Insurance

The County shall continue to offer dental care coverage for employees and their eligible dependents. The County will pay ninety percent (90%) of the premium for this coverage.

All employees must participate in one of these plans.

Young adult dependents and registered domestic partners and the dependents of registered domestic partners are included in the PPO dental plan.

Optional additional benefits may be available during open enrollment at additional cost to the employee.

20.2. Vision Care Insurance

The County shall contribute an amount necessary to provide the current vision care benefits plan for the individual employee and eligible dependents including adult dependents and domestic partners and the children and young adult dependents of domestic partners. The County will pay the entire premium for this coverage. Ten dollar ($10.00) co pays exist for both examinations and materials.

The County will continue to pay one hundred percent (100%) of the premium for the Vision Care Plan.

Optional additional benefits may be available during open enrollment at an additional cost to the employee. In the event there is a change in the short term disability plan offered to employees in this bargaining unit, the parties will discuss available options for employees.

22.1. Coverage

Employees shall be covered by life insurance and accidental death insurance as follows:

The County shall provide twenty thousand dollars ($20,000) of life insurance for each employee. The County shall provide five hundred dollars ($500) of life insurance for the employee’s spouse and up to a maximum of five hundred dollars ($500) of life insurance for each of the employee’s children, depending on their ages.

The County shall provide an additional ten thousand dollars ($10,000) of life insurance payable to the employee’s beneficiary if the employee’s death results from an accident either on or off the job.

22.2. Supplemental Coverage

Employees, depending on pre-qualification, may purchase additional term life insurance to a maximum of two hundred fifty thousand dollars ($250,000) for employee, one hundred twenty-five thousand dollars ($125,000) for spouse, and ten thousand dollars ($10,000) for dependents.

The County shall continue to provide its present long-term income protection plan for permanent employees at no cost to said employees, provided, however, that in order to be eligible for such plan, employees must have been employed by the County for three (3) or more years.

Effective with disabilities commencing on or after January 1, 1988, the one hundred and twenty (120) day disability period required to qualify for long term income protection shall no longer require continuous disability but shall be cumulative for any single medically verified illness or injury within a period of 6 full months from the date of the disability’s onset. The onset date shall be defined as the first workday the employee was unable to work.

24.1. Examinations

(1) Open Examinations: Any person who meets the minimum qualifications for the job classification may compete.

(2) General Promotional Examinations: Permanent and probationary employees who have served at least six (6) months in such status prior to the date of the examination are eligible to compete. Persons who have been laid off and whose names are on a reemployment list are also eligible provided they had served at least six (6) months prior to lay off.

(3) Departmental Promotional Examinations: Permanent and probationary employees of the specific department in which a promotional opportunity exists who have served at least six (6) months in such status prior to the date of the examination are eligible to compete. Persons who have been laid off and whose names appear on the appropriate departmental reemployment eligible list are also eligible provided they had served at least six (6) months prior to lay off.

(4) Open and Promotional Examinations: Any person who meets the minimum qualifications for the job classification may compete. In addition, any person competing in this type of examination and who meets the criteria described in 24.1 (2) above, shall have five (5) points added to the final passing score.

(5) Qualifying Examinations:

(a) Qualifying examinations may be given to probationary and permanent County employees for specifically designated position reclassification, transfers, demotions and alternately staffed classifications.

(b) The name of an employee who has successfully passed a qualifying examination shall be placed on the eligible list for the classification for which examined. The Human Resources Director may place the name of an employee on such eligible list with or without an examination score. If an examination score is assigned, such employee’s rank on the eligible list shall be based on the examination score, as determined by the Director. Such examinations shall not require the publication of an examination notice.

(6) Veterans preference shall not apply to promotional examinations.

24.2. Promotional Eligible Lists

(1) General Promotional Eligible Lists: The names of applicants successful in general promotional examinations shall be placed on general promotional eligible lists for the classifications examined.

(2) Departmental Promotional Eligible Lists: The names of applicants successful in departmental promotional examinations shall be placed on departmental promotional eligible lists for the classifications examined.

These lists shall take precedence over General Eligible Lists.

(3) If, at the time of termination, an employee’s name appears on a promotional eligible list, their name shall be removed from the promotional list and placed on the open competitive eligible list for that classification in accordance with the employee’s final score.

24.3. Probationary Period

Permanent employees who are promoted to a higher classification shall undergo the probationary period prescribed for the higher classification but shall have the right to demote to their former classification in their former department if a vacancy in their former classification exists. If no vacancy exists, such employees shall be placed in the longest standing vacancy, as determined by the requisition form date, County-wide. If no vacancy exists such employees shall displace the least senior employee as determined by Civil Service Rule XVI. If no less senior position exists, then the employee shall be removed from County service.

When the workload increases so that a part-time position becomes full time, the Human Resources Director may, at their sole discretion, certify that part-time employee to a full-time position in the same geographical location.

26.1. Employee Preference

If a majority of employees in the same classification or organizational unit working in the same geographical location are to be transferred to one (1) or more work locations in different cities, such employees at the original geographical location who are working in the affected classifications shall be given an opportunity to express their desires for transfer. In such cases the department head shall give consideration to length of service and transportation factors along with such job related criteria as the department head deems appropriate. The County shall discuss these criteria with the Council before selecting employees for transfer.

26.2 Non-Disciplinary Disposition

If it becomes necessary to transfer permanently one (1) or more employees from one geographical location to one (1) or more work locations in different cities, employees at the original geographical location who are working in the affected classifications shall be given an opportunity to express their desires for transfer. In such cases the department head shall give consideration to length of service and transportation factors along with such job related criteria as the department head deems appropriate. Nothing shall preclude a department head from temporarily assigning employees to work at a different geographical location when prompt action is required by the needs of the County.

No employee shall be required regularly to perform duties of a position outside of the classification to which the employee has been appointed. However, employees may be temporarily assigned duties outside their classification. In addition, under the conditions described in the Rules of the Civil Service Commission, a department head may temporarily assign to employees whatever duties are necessary to meet the requirements of an emergency situation.

When an employee has been assigned in writing by the department head or designated representative to perform the substantive duties of a permanent position having a different classification and being paid at a higher rate, and if the employee has worked in such classification for five (5) consecutive workdays, (four (4) consecutive workdays for an employee on a four-ten (“4/10”) work schedule), the employee shall be entitled to payment for the higher classification, as prescribed for promotions in subsection 5.5 of this MOU, retroactive to the first (1st) workday and continuing during the period of temporary assignment, under the following conditions:

(1) The assignment is caused by the temporary or permanent absence of the incumbent or the assignment is caused by a special project or need;

(2) The employee performs the duties regularly performed by the absent incumbent, or at the classification level for the special assignment, and these duties are clearly not included in the job description of the employee’s regular classification;

(3) The assignment to work out of classification which extends beyond twenty (20) working days be approved by the Human Resources Director, a copy of the approval form be given to the employee; and

(4) A copy of the department head’s written approval must be submitted in advance to the Human Resources Director. If the Human Resources Director does not approve pay for work in the higher classification which exceeds twenty (20) workdays, the employee will be so notified and have the opportunity to discuss this matter with the Human Resources Director, whose decision shall be final.

If an employee has been receiving pay for work out of class as provided in this MOU or in the Salary Ordinance for thirty (30) or more calendar days immediately preceding a paid holiday, the commencement of a vacation, the commencement of a paid sick leave period, or compensatory time off, as the case may be, the work out of class pay shall be included in such employee’s holiday pay, vacation pay, paid sick leave or paid compensatory time.

29.1. Length

Probationary employees shall undergo a probationary period of one thousand forty (1,040) regular hours, unless a longer period, not to exceed two thousand eighty (2,080) regular hours is prescribed by the Civil Service Commission for their classifications. If an employee is incapacitated due to medical conditions and is reassigned to work that is not part of the employee’s normal duties, the probationary period for the primary job will be extended for the duration of the reassignment. The employee shall be notified in writing of the probationary extension at the time of the reassignment.

Time worked by an employee in a temporary or provisional status shall not count towards completion of the probationary period. The probationary period shall start from the date of probationary appointment.

29.2. Regular Appointment

An employee who is not rejected prior to the completion of the prescribed probationary period shall acquire permanent status automatically. Former permanent employees appointed from a reemployment eligible list shall be given permanent appointments when re-employed. Permanent employees who are involuntarily demoted to lower classifications shall be given permanent appointments in the lower classifications.

29.3. Reemployment in New Classification

An employee who is laid off and subsequently appointed as a result of certification from a general employment eligible list to a position in a different classification than that from which laid off shall undergo the probationary period prescribed for the class to which appointed. Former probationary employees whose names were placed on a reemployment eligible list before they achieved permanent status shall start a new probationary period when appointed from a reemployment eligible list.

29.4. Rejection During Probationary Period

The appointing authority may terminate a probationary employee at any time during the probationary period without right of appeal in any manner and without recourse to the procedures provided in Section 32 (Grievances), except when the employee alleges, and substantiates in writing that the termination was due to discrimination prohibited by county, state or federal statutes or regulations. If discrimination is alleged, the appeal or grievance shall be decided solely on the basis of whether or not the termination was due to discrimination; and unless it is determined that there was discrimination, the person or persons hearing the appeal or grievance shall not substitute their judgment for that of the appointing authority. In case of rejections during probationary periods, employees shall be given written notice, with reasons therefore, at once. The Human Resources Director may, upon request by an employee rejected during their probationary period, restore that employee’s name to the eligible list for that classification. However, the employee’s name shall not be certified to the department from which rejected without approval of the department head.

29.5. Transfer Within Existing Classification

Permanent employees who transfer to another position in the same classification within the same department shall not be required to undergo a new probationary period in the position into which transferred.

Employees who transfer to a class in another series or in another department may be required by the department head to start a new probationary period. If a new probationary period is a condition for transfer, the employee shall sign a statement indicating an understanding of this fact prior to the effective date of the transfer. At the discretion of the Human Resources Director, examinations to demonstrate qualifications may be required before transfers between separate classes can occur.

If a new probationary period is in force, the employee shall have a window period of twenty-eight (28) days from the date of transfer to elect to return to their former position. Should employees be rejected at a point beyond the window period, they shall have the right to return to their former department if a vacancy in their former classification exists. If no vacancy exists, such employees shall be placed in the longest standing vacancy, as determined by the requisition form date, County-wide. If no vacancy exists, such employees shall displace the least senior employee as determined by Section 12. If no less senior position exists, then the employee shall be removed from County service.

30.1. Formal Appeal

Notwithstanding the provisions of Section 32 of this MOU, appeals of permanent employees relating to performance evaluations which are below a standard score or rating set by the Director of Human Resources shall go directly to the Civil Service Commission. Upon receipt of the appeal the Commission will review the facts and order such action as it determines is appropriate. Appeals must be filed with the Commission within ten (10) calendar days after the evaluation’s finalization. No evaluation shall be considered finalized until the employee has been given ten (10) working days for review and comment.

30.2. Informal Appeal

Permanent employees may also request an informal appeal of below standard evaluations. At the request of the employee and the Council to the Human Resources Director or designee, a meeting will be arranged in an effort to clarify and, if possible, resolve areas of disagreement. Such meetings will be attended by the employee, their Council representative, the employee’s first and second level supervisors, and a representative of the Human Resources Department. Informal appeals may be granted at any time prior to Civil Service Commission review.

30.3. Clarification of Probationary Evaluations

Probationary employees are entitled to clarification of below standard evaluations and may request that a Council representative be present. All such requests must first be made to the Director of Human Resources or designee.

The appointing authority may dismiss, suspend, reduce in step or demote any employee in the classified service provided the rules and regulations of the Civil Service Commission are followed. Procedures for dismissal, suspension, reduction in step or demotion for cause are set forth in Rule XIII of the San Mateo County Civil Service Commission Rules.

Any employee may appeal such dismissal, suspension, reduction in step or demotion to the Civil Service Commission. Appeals to the Civil Service Commission must be filed within fourteen (14) calendar days after notice of dismissal, suspension, reduction in step or demotion for cause is mailed or hand delivered to the employee. Appeal procedures are set forth in Rule XIV of the San Mateo County Civil Service Commission Rules.

A permanent classified employee may be dismissed, suspended, reduced in step or demoted for cause only.

32.1. Definition

A grievance is any dispute which involves the interpretation or application of any provision of this MOU excluding side letters and letters attached to this agreement, and excluding, however, those provisions of this MOU which specifically provide that the decision of any County official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure. If an employee files an EEOC, DFEH or administrative EEO complaint with the Equal Employment Opportunity Manager, the issue will no longer be subject to this grievance procedure, but will be processed in accordance with regulations or procedures governing the processing of said complaints. The provisions of Section 31 of this MOU are not subject to the grievance procedure but employees may appeal disciplinary actions, as defined in Section 31, to the Civil Service Commission.

32.2. Procedure

Any employee or official of the Council may notify the Human Resources Director in writing that a grievance exists, stating the particulars of the grievance and, if possible, the nature of the determination desired. Such notification must be received within twenty-eight (28) calendar days from the date of the employee’s or Council official’s knowledge of the alleged grievance. The Employee Relations Unit will review the matter at issue and make a recommendation to the Public Works Director concerning resolution. The decision of the Public Works Director, if not satisfactory, may be appealed to the County Manager whose decision shall be final.

32.3. Compensation Complaints

All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Director of Human Resources. Only complaints which allege that employees are not being compensated in accordance with the provisions of this MOU shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process and if not detailed in the MOU which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. No adjustment shall be retroactive for more than sixty (60) days from the date upon which the complaint was filed.

No change in this MOU or interpretations thereof (except interpretations resulting from Adjustment Board or arbitration proceedings hereunder) will be recognized unless agreed to by the County and the Council.

32.4. No Strike

The Council, its members and representatives agree that it and they will not engage in, authorize, sanction or support any strike, slowdown, stoppage of work, curtailment of production, concerted refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound) or to perform customary duties; and neither the Council nor any representatives thereof shall engage in job action for the purpose of effecting changes in the directives or decisions of management of the County, nor to effect a change of personnel or operations of management or of employees not covered by this MOU.

In the case of a legally declared lawful strike against a private sector employer which has been sanctioned and approved by the labor body or council having jurisdiction, an employee who is in danger of physical harm shall not be required to cross the picket line, provided the employee advises their supervisor prior to leaving the picketed location, and provided further that an employee may be required to cross a picket line where the performance of their duties is of an emergency nature and/or failure to perform such duties might cause or aggravate a danger to public health or safety.

32.5. County Charter and Civil Service Commission

(1) The provisions of this Section shall not abridge any rights to which an employee may be entitled under the County Charter, nor shall it be administered in a manner which would abrogate any power which, under the County Charter, may be within the sole province and discretion of the Civil Service Commission.

(2) All grievances of employees in the bargaining unit shall be processed under this Section. If the County Charter requires that a differing option be available to the employee, no action under paragraph (b) of subsection 32.2 above shall be taken unless it is determined that the employee is not availing themselves of such option.

(3) No action under paragraph (b) of subsection 32.2 above shall be taken if action on the complaint or grievance has been taken by the Civil Service Commission, or if the complaint or grievance is pending before the Civil Service Commission.

If an employee covered by this MOU suffers loss of compensation due to the inequitable application of rules, regulations, policies and procedures and where said loss of compensation is not subject to the grievance procedure specified in Section 32 of this MOU, the employee shall attempt to resolve this matter with the immediate supervisor. If unable to resolve this matter satisfactorily, the employee or the employee’s Council representative may submit the complaint in writing to the Employee Relations Manager with a copy to the County Manager. If this matter is not resolved by the Employee Relations Manager within thirty (30) working days from the date of receipt of the complaint, the employee or the Council representative shall advise the Human Resources Director in writing that the matter has not been resolved and the Human Resources Director shall render a decision within fifteen (15) working days of receipt of this notification, whose decision shall be final. The County recognizes that other employee problems also merit prompt attention and will attempt to resolve such matters in an expeditious manner.

34.1. Employee Review

Each employee shall have the right to inspect and review any official record relating to their performance as an employee or to a grievance concerning the employee that is kept or maintained by the County. The contents of such records shall be made available to the employee for inspection and review at reasonable intervals during the regular business hours of the County. The employee’s designated representative may also review the personnel file with specific written authorization from the employee.

34.2. Employee Response

The County shall provide an opportunity for the employee to respond in writing or personal interview to any information with which the employee disagrees. Such response shall become a permanent part of the employee’s personnel record. The employee shall be responsible for providing the written responses to be included as part of the employee’s permanent personnel record.

34.3. Performance Documents

At or before time of placement, employees shall be given a copy of all letters or memoranda concerning the employee’s job performance which are to be placed in the employee’s official personnel file(s).

34.4. Request to Seal Records

Employees may request in writing to the Department Head with a copy to the Human Resources Director that letters of reprimand which are two (2) or more years old be sealed and kept separate from the employee’s personnel files. Said letters of reprimand shall be sealed and removed provided the following conditions are met:

(1) The file does not contain subsequent letters of reprimand or records of disciplinary action involving the same type of infraction, in which case the prior letter of reprimand will remain in the employee’s personnel file until the most current related letter of reprimand or record of disciplinary action is two (2) years old.

(2) The employee has not been notified in writing of pending disciplinary action at the time the written request to remove said letters of reprimand is received by the Department Head.

34.5. Records Exempted

This Section does not apply to the records of an employee relating to the investigation of a possible criminal offense or to letters of reference;

34.6. Criminal Investigation Records

With regards to the investigation of a possible criminal offense, if such investigation leads to neither conviction nor disciplinary action, reference to the investigation shall be removed from the employee’s personnel file. If the criminal investigation results in conviction and/or disciplinary action, any reference to the investigation which may be in the employee’s personnel file will be retained and will be subject to inspection pursuant to this Section.

The County will, under the terms of the tuition reimbursement section of the contract and within the tuition reimbursement program budget, reimburse an employee for tuition and related fees paid for taking courses of study in an off-duty status if the subject matter content of the course is closely related to the employee’s present or probable future work assignments. Limits to the amount of reimbursable expense may be set by the Director of Human Resources with concurrence of the County Manager. There must be a reasonable expectation that the employee’s work performance or value to the County will be enhanced as a result of the course of study. Courses taken as part of a program of study for a college undergraduate or graduate degree will be evaluated individually for job relatedness under the above-described criteria. Tuition reimbursement will be provided for professional licensing exam review courses approved by the County. The employee must both begin and successfully complete the course while employed by the County.

The employee must submit an application on the prescribed form to their department head giving all information needed for an evaluation of the request. The department head shall recommend approval or disapproval and forward the request to the Human Resources Director whose decision shall be final. In order to be reimbursed, the employee’s application must have been approved before enrolling in the course. If a course is approved and later found to be unavailable, a substitute course may be approved after enrollment.

Upon completion of the course the employee must submit to the Human Resources Department a request for reimbursement accompanied by a copy of the school grade report or a certificate of completion. The Human Resources Department shall, if it approves the request, forward it to the Controller for payment. Reimbursement will include the costs of tuition and related fees. The County will reimburse up to fifty dollars ($50.00) per course for books and other required course materials (excluding laptops and other electronic devices) under conditions specified in the Tuition Reimbursement Program. Reimbursement for books will only be made for community college, undergraduate level or graduate level courses.

The County agrees to provide payment on a reimbursement basis of professional registration fees for represented employees.

The County agrees to provide payment on a reimbursement basis to a maximum of three hundred dollars ($300) for the annual cost of dues, functions, events and activities sponsored by the professional societies and/or association which are work related and as one of their principal purposes is not the representation of individuals in matters concerning wages, hours or other terms and conditions of employment. The organizations which the employee wishes to join shall be selected by the employee. Reimbursement shall be subject to participation by the employee in said societies and/or associations and written approval of the department head or designated representative.

In the event that any provision of this MOU is declared by a court of competent jurisdiction to be illegal or unenforceable, that provision of the MOU shall be null and void but such nullification shall not affect any other provisions of this MOU, all of which other provisions shall remain in full force and effect.

39.1. Past Practices

Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the Board of Supervisors is not guaranteed by this MOU.

39.2. Existing MOU

This MOU shall supersede all existing memoranda of understanding between the County and the Council.

40.1. Employees hired before August 7, 2011

Effective March 13, 2005, the County implemented the two percent at fifty-five and one-half (2%@55.5) retirement enhancement (Government Code Section 31676.14) for employees in Plans 1, 2 or 4.

The enhancement applies to all future service and all service back to the date of employment pursuant to the Board of Supervisor’s authority under Government Code section 31678.2(a). Government Code section 31678.2(b) authorizes the collection, from employees, of all or part of the contributions by a member or employer or both, that would have been required if section 31676.14 had been in effect during the time period specified in the resolution adopting section 31676.14, and that the time period specified in the resolution will be all future and past general service back to the date of employment. Based upon this understanding and agreement, employees will share in the cost of the 31676.14 enhancement through increased retirement contributions by way of payroll deductions and shall contribute three percent (3%) of compensation earnable as defined in SamCERA regulations. The County paid a general wage increase of pay as set forth in Section 5.1 of this MOU, and it is understood and agreed that this wage increase will help employees pay the increased retirement contributions.

Implementation of the improvements to the retirement plans described in this section shall be made in accordance with the policies and practices of the Retirement Board and any disputes relative to implementation procedures shall be settled by the Retirement Board, whose decision shall be final.

Plan 3: Non-contributory plan. Plan 3 is closed to all employees hired on or after December 23, 2012. If an employee is already in Plan 3, the employee has the option to transfer to Plan 2 or 4 after providing the equivalent of five (5) years of consecutive service (ten thousand four hundred (10,400) hours) to the County. These employees may elect to transfer by entering into an agreement with the San Mateo County Employees’ Retirement Association (SamCERA) to pay all of the incremental employee and employer contributions that would have been required if the employee had been in Plan 2 or Plan 4 since the date of employment, plus interest.

40.2. Employees hired between August 7, 2011 and December 31, 2012.

The retirement benefit options shall be:

Plan 5: (1.725% @ 58) (pre‐enhancement tier) with no three percent (3%) cost share.

Current Plan 4: Two percent at fifty-five and one-half (2% @ 55.5) (as described in 41.1 above) is closed to new employees hired on or after the effective date of the commencement of Plan 5. However, employees may transfer into Plan 4 after providing the equivalent of ten (10) years (twenty thousand eight hundred (20,800) hours) of service in Plan 5, and entering into an agreement with the San Mateo County Employee’s Retirement Association to pay all of the employee and employer contributions that would have been required if the employee had been in Plan 4 since the date of employment, plus interest.

Plan 3: Plan 3 is closed to all employees hired on or after December 23, 2012. If an employee is already in Plan 3 with the option to transfer to Plan 5 after providing the equivalent of five (5) years of service (ten thousand four hundred (10,400) hours) to the County that option is for future Plan 5 service only. After providing the equivalent of ten (ten) years of service (twenty thousand eight hundred (20,800) hours) to the County, employees may elect to transfer to Plan 4 by entering into an agreement with the San Mateo County Employees’ Retirement Association (SamCERA) to pay all of the incremental employee and employer contributions that would have been required if the employee had been in Plan 4 since the date of employment, plus interest.

40.3. Employees hired on or after January 1, 2013

Employees hired on or after January 1, 2013 will be placed into Plan 5 or Plan 7 (two percent at sixty-two (2%@62)) depending upon their legacy eligibility as determined by SamCERA.

40.4. Retirement COLA

Employees hired on or after August 7, 2011 will pay fifty percent (50%) of the Retirement COLA cost as determined by SamCERA. COLA costs are included in the Plan 7 statutory rate.

Effective July 3, 2016, all employees will pay fifty percent (50%) of the Retirement COLA cost as determined by SamCERA.

40.6. Deferred Compensation Automatic Enrollment for New Employees

Subject to applicable federal regulations, the County agrees to provide a deferred compensation plan that allows employees to defer compensation on a pre-tax basis through payroll deduction.

Effective January 1, 2016, each new employee will be automatically enrolled in the County’s Deferred Compensation program, at the rate of one percent (1%) of their pre-tax wages, unless the employee chooses to opt out or to voluntarily change deferrals to greater than or less than the default one percent (>1%) as allowed in the plan or as allowed by law. The pre-tax deduction will be invested in the target fund associated with the employee’s date of birth. All deferrals are fully vested at the time of deferrals; there will be no waiting periods for vesting rights.

Effective July 1, 2019, all employees will be enrolled in the deferred compensation program at the rate of one percent (1%) of their pre-tax wages, unless the employee chooses to opt out or to voluntarily change deferrals to greater than or less than the default one percent (>1%) as allowed in the plan or as allowed by law. The pre-tax deduction will be invested in the target fund associated with the employees’ date of birth. Deferrals are fully vested at the time of deferrals; there will be no waiting periods for vesting rights.

Concurrent with Cost of Living Adjustments (COLA) the deferrals will be increased in one percent (1%) increments to a maximum of five percent (5%).

The County will provide training to employees regarding how to make voluntary changes to deferrals.

During the term of agreement, upon request from the County, the Council agrees to meet and confer regarding issues within the scope of representation related to the implementation of the Workday Human Resources information system (Workday).