The Union of American Physicians and Dentists, hereinafter referred to as the “Union”, is the recognized employee organization for the Professional Physicians representation unit, certified pursuant to Resolution No. 38586, adopted by the Board of Supervisors on May 16, 1978.

2.1 Dues Deduction

The Union may have the regular dues of its members within a representation unit deducted from employees’ pay checks under procedures prescribed by the County Controller. Dues deduction shall be made only upon certification from the Union that an employee has authorized such deduction and shall continue (1) until such certification is revoked, in writing, by the Union; or (2) until 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 Union will send a list of changes to its member listing by email to the Controller’s Office at with the following Certification statement:

o “I, NAME, TITLE, hereby certify that UAPD 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 dues required by this Section, no such deduction shall be made for the current pay period.

2.3 Indemnification

The Union shall indemnify, defend and hold the County of San Mateo and its officers and employees, including but not limited to the County Controller, harmless against any and all claims, demands, suits, orders, or judgments, related to dues deduction and Union security, other forms of liability that arise out of or by reason of this Union 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.

2.4 The Union agrees that it has a 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 Union.

2.5 Communications with Employees

The Union 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 Union may distribute materials to employees within the unit it represents through County mail distribution channels if approved by the Human Resources Department Director. This privilege may be revoked in the event of abuse after the Human Resources Department Director consults with the representatives of the Union. Any representative of the Union shall give notice to the department head or designated representative when contacting departmental employees during the duty period of the employees, provided that solicitation for membership or other internal employee organization business shall be conducted only during the non‑duty hours of all employees concerned. Prearrangement for routine contact may be made by agreement between the Union and the department head and when 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 Union or its representatives in accordance with such administrative procedures as may be established by the County Manager or department heads concerned.

2.7 Advance Notice

Except in cases of emergency as provided below in this subsection, the Union, if affected, shall be given reasonable advance written notice of any ordinance, resolution, rule or regulation directly relating to matters within the scope of representation proposed to be adopted by the County and shall 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 Union 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 Union 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 Union to meet with new employees as follows:

The Union shall be allowed a reasonable period of time not to exceed thirty (30) minutes at a time determined by the County at each New Employee Orientation session for San Mateo Medical Center (SMMC) to speak to employees in classifications represented by the Union.

The County will provide the Union Representative with the dates, times and locations for the New Employee Orientation on an annual basis, subject to change, and updates as they occur. The Union will coordinate with the County regarding the Union representative or designee who will attend each session.

The parties agree to work together to minimize travel time and the impact of release time on individual employees. To that end, in lieu of attending the SMMC New Employee Orientation, the Union may schedule, at the new employee’s 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 Director of Human Resources under normal release time processes, and shall not be unreasonably denied.

2.9 Employee Roster

The County shall supply Union, at no cost, a monthly electronic and sortable list report of the names and classifications of all employees represented by Union, indicating whether Union dues are being withheld from their pay checks as of the date the report was prepared, whether names were added to or deleted from the previous reports, and whether each such change in status was due to any type of leave of absence, termination or withdrawal from the Union.

2.10 The County shall notify the Union of employees who are on an unpaid leave of absence status in excess of twenty-eight (28) days.

There shall be no discrimination because of race, creed, color, national origin, sex, sexual orientation, legitimate union activities and any other classification protected by law, against any employee or applicant for employment by the Union 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 because of age. There shall be no discrimination against any disabled person solely because of such disability unless that disability prevents the person from meeting the minimum standards established.

4.1 Attendance at Meetings

County employees who are official representatives or Stewards of the Union shall be given reasonable time off with pay, including reasonable travel time or reasonable set up time for virtual meetings, to:

A. Formally meet and confer or consult with management representatives on matters within the scope of representation;

B. To be present at hearings where matters within the scope of representation are being considered;

C. To testify or appear as the designated representative of the Union in settlement conferences, hearings, or other proceedings before the Public Employment Relations Board, in matters related to unfair practice charges;

D. To testify or appear as the designated representative of the Union in matters before the Civil Service Commissioner;

E. Transmitting communications authorized by the Local Union or its Officers to the County or their representative.

F. Investigating and processing grievances or disciplinary appeals;

G. Attending Union contract ratification meetings; or

H. Attending Labor-Management Meetings.

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. The Union shall provide an updated list of stewards to Employee and Labor Relations on an annual basis. Such representatives or Stewards shall submit written requests for excused absences to the Human Resources Department Director at least two (2) working days prior to the scheduled meeting whenever possible. Except by agreement with the Human Resources Department Director, the number of employees excused for such purposes shall not exceed three (3) individuals at any one time.

For the purpose of negotiating a successor Memorandum of Understanding, the maximum number of employees shall not exceed four (4), unless both parties mutually agree to add more members. If any employee’s request for excused absence is not approved, such disapproval shall be subject to appeal to the Human Resources Director whose decision shall be final.

All approved release time should be coded on the employee’s timecard using timecard code RTE once implemented. Paid release time is not authorized to be used for political activity, any type of activity that is precluded by law or County policy as a conflict of interest, conducting membership drives, or soliciting membership from other County employees or applicants (except at new employee orientation).

Time spent in meetings with the County on matters listed in Section 4, which occur outside of the employee’s regular work schedule, is not compensable. Employees should not code release time for such time when the employee is not scheduled to work.

4.2 Handling of Grievances

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

5.1 Salary Ranges

The salary ranges for all employees in the aforementioned representation unit will be as set forth in Exhibit A which is attached hereto and made a part hereof. The rates of pay set forth in the Exhibit represents for each classification the standard rate of pay for full-time employment, unless the schedule specifically indicates otherwise.

The rates of pay set forth in the Exhibits, unless otherwise indicated in the schedules, represent the total compensation due employees, except for other benefits specifically provided for by the Board of Supervisors.

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

As reflected in the Exhibits, salaries for all covered classifications shall be adjusted as follows:

Effective the pay period in which the Board of Supervisors approves the successor MOU in 2022, there will be a combined cost of living adjustment and equity adjustment of six percent (6%) to salary schedules of all classifications represented by the bargaining unit, including supervisory and resident classifications.

In addition to the combined cost of living adjustment and equity adjustment of six percent (6%) applied to all classifications, effective the pay period in which the Board of Supervisors approves the successor MOU in 2022, there will be a market adjustment of three percent (3%) for Staff Physician, Staff Physician – Pediatrics, Dentist, Child Psychiatrist, and related supervising classifications.

In addition to the combined cost of living adjustment and equity adjustment of six percent (6%) applied to all classifications, effective the pay period in which the Board of Supervisors approves the successor MOU in 2022, there will be a market adjustment of six percent (6%) for the Adult Psychiatrist and Supervisory Adult Psychiatrist classifications.

Effective the first full pay period following Union ratification and Board of Supervisors’ adoption of a successor MOU in 2022, each full time employee in 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 May 14, 2023, there will be a cost of living increase for all classifications represented by the bargaining unit of three percent (3%).

Effective May 19, 2024, there will be a cost of living increase for all classifications represented by the bargaining unit of four percent (4%).

Beginning six (6) months prior to May 17, 2025, the County and the Union will meet to discuss the comparable classifications used in County salary surveys for the benchmark classifications represented by the bargaining unit. The comparable jurisdictions used in the surveys will be those listed in the County’s compensation philosophy.

5.2 Experience Pay

Effective the first full pay period following Board of Supervisors’ approval of a successor MOU in 2019, experience pay shall be paid as follows:

Two percent (2%) of base salary after the employee achieves the equivalent of five (5) years (10,400 hours) of full time County service.

• An additional one percent (1%) base salary increase (for a total of three percent (3%)) after the employee achieves the equivalent of ten (10) years of full time County service (20,800 hours)

• An additional one percent (1%) base salary increase (for a total of four percent (4%)) after the employee achieves the equivalent of fifteen (15) years of full time County service (31,200 hours)

• An additional one percent (1%) base salary increase (for a total of five percent (5%)) after the employee achieves the equivalent of twenty (20) years of full time County service (41,600 hours)

• An additional one percent (1%) base salary increase (for a total of six percent (6%)) after the employee achieves the equivalent of twenty-five (25) years of full time County service (52,000 hours)

5.3 Differential Pay

Physicians working as Inpatient Psychiatrists covering in-patient units shall receive premium pay at the rate of ten percent (10%) of their salary in addition to all other compensation.

Physicians who obtain Board certification in a specialty and who practice that specialty as their main assignment shall be paid a five percent (5%) premium in addition to all other compensation.

Child Psychiatrists who obtain Board certification in a specialty and who practice that specialty as their main assignment shall be paid a five percent (5%) premium in addition to all other compensation.

Physicians who obtain Board Certification in a specialty that is not their main assignment, but rather in a specialty that is deemed by either the Director of Behavioral Health and Recovery Services or the CEO of Hospital and Clinics to provide added value to the County, shall be paid a five percent (5%) premium in addition to all other compensation.

No employee shall receive more than two (2) Board Certification differentials.

The decision as to whether or not an application for an additional five percent (5%) premium provides added value to the County may be appealed to the Director of the Human Resources Department, whose decision is final.

5.4 Salary Step Increases

Except as herein otherwise provided, the entrance salary for a new employee entering County service shall be the minimum salary for the class to which appointed. When circumstances warrant, the Human Resources Department Director may, upon recommendation of the department head, approve an entrance salary which is more than the minimum salary. The Human Resources Department 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.

5.5 Salary Anniversary Dates

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 5.74%, and all references to a “step” in this agreement are understood to equate to 5.74%. All increases shall be effective at the beginning of the next full pay period. All paid time off shall be computed as hours worked for the purpose of this section.

A. After completion of one thousand forty (1040) regular hours satisfactory service in the lowest step of the salary schedule, and upon recommendation of the appointing authority, the 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 (2080) regular hours of satisfactory service.

B. After the completion of two thousand eighty (2080) regular hours satisfactory service in each of the salary steps above the lowest, and upon recommendation of the appointing authority, the employees shall be advanced to the next higher step in the salary schedule for the classification until the top of the range is reached.

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

D. If an employee completes the one thousand forty (1040) or two thousand eighty (2080) hours in the middle of a pay period, the employee shall be eligible for an increase as follows:

1. 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.

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

Each employee shall be considered for salary step increases according to the date of that employee’s appointment, or the revised salary anniversary date. If an employee begins service later than the first business day of a biweekly pay period, or has changes which would cause the salary anniversary date to be on other than the first business day of a biweekly pay period, then the salary anniversary date shall be determined from the first day of the following biweekly pay period.

Changes in an employee’s salary because of promotion, upward reclassification, postponement of salary step increase, or special merit increase will set a new salary anniversary date for that employee, which date shall be as stated in the preceding paragraph.

Employees who are rejected during the probationary period and revert to their former classification shall return to the salary anniversary date held in the former class unless otherwise determined by the Human Resources Department Director.

The salary anniversary date for an employee shall not be affected by a transfer, downward reclassification or a demotion.

A permanent employee accepting provisional employment 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. Upon recommendation of the appointing authority and approval of the Human Resources Department Director, provisional, temporary, 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. Also, upon recommendation of the appointing authority and approval by the Human Resources Department Director, continuous service in a provisional, temporary, 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, and 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 when the employee is absent from their position by reason of an injury or disease for which they are entitled to and currently receiving Workers’ Compensation benefits.

5.6 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 same step in the previous range, unless otherwise specifically provided by the Board of Supervisors.

5.7 Salary Step After Promotion or Demotion

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 5.7% above the rate they have been receiving, except that the next step shall not exceed the maximum salary of the higher class. 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, and the specific rate of pay within the range shall be determined by the Human Resources Department Director, 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.

5.8 Reclassification of Position

An employee in a position reclassified to a lower classification shall have the right of either (1) transferring to a vacant position in their present classification in the same or another department, provided the head of the department into which the transfer is proposed agrees, or (2) continuing 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.

5.9 Y” Rate Process

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.

5.10 Exempt Status/Compensatory Time Off

Effective May 7, 2013, employees will be regarded as “exempt” under the provisions of the Fair Labor Standards Act and will cease to be eligible to earn overtime compensation (pay or CTO).

Previously accrued, unused compensatory time off (CTO) at the time of ratification and adoption of this agreement (May 7, 2013) shall be used by the employee within three hundred sixty-five (365) days. Utilization of compensatory time off shall be by mutual agreement between the department and the employee.

The appointing authority shall fix the hours of work with due regard for the convenience of the public and the laws of the County, State and Federal Governments. Employees occupying part-time positions shall work such hours and schedules as the Board and the appointing authority shall prescribe.

Resident physicians are employed with the understanding that they have specific needs related to their training that require additional time above that required for their employment. Resident physicians will not be compensated by the County for such additional time. Such training requirements include, but are not limited to, seminars, supervision, rotation requirements at outside institutions, and such other requirements as determined to be necessary for the satisfactory completion of their training programs as determined by the Accreditation Council for Graduate Medical Education and the residency training director.

6.1 Voluntary Time Off Program

Full-time, permanent employees may request a reduction in their work hours by 1%, 2%, 5%, 10%, or 20% 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 Department.

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

– 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:

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 salary for retirement purposes. 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 Human Resources Department Director whose decision is final.

7.1 Call Back

Effective the first full pay period following Board of Supervisors’ approval of a successor MOU, employees required to physically report back to work during off-duty hours shall be compensated for a minimum of three (3) hours of “call back rate” pay. Hours worked during the employee’s scheduled shift shall not be considered callback pay.

8.1 Shift differential pay, for the purpose of this Section, is defined as pay at a rate which is eight percent (8%) above the employee’s base pay.

8.2 Employees shall be paid shift differential for all hours so worked between the hours of 6:00 p.m. and 6:00 a.m.

8.3 Effective May 3, 2020, Physicians who are required to work a night shift in inpatient psychiatry as part of their 40-hour work week (or part of their regular work week if on part-time or VTO status) shall receive a night shift pay rate of twelve percent (12%) base pay for all work performed during the assigned night shift hours as determined by the County, in lieu of the shift differential pay of eight percent (8%) provided in Section 8.1 of this agreement, and in lieu of the $175 hourly rate reflected in the County salary resolution.

For employees who have been regularly working a shift described in Section 8 for thirty (30) or more calendar days immediately preceding a paid holiday, or the commencement of a vacation, or the commencement of a paid sick leave period, or compensatory time off, as the case may be, the applicable differential shall be included in such employee’s holiday pay, vacation pay, paid sick leave or paid compensatory time. The vacation, sick leave, holiday and compensatory time off pay of an employee on a rotating shift shall include the differential such employee would have received had they been working the same shift during such period.

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 regarding bilingual assignment 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 the Memorandum of Understanding. 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 working lead persons, 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 administration of bilingual pay shall be referred to the Human Resources Department Director, whose decision shall be final.

12.1 Notice of Layoff

The department head will give at least fourteen (14) days advance written notice to employees to be laid off, except in an emergency situation in which case the Human Resources Department Director may authorize a shorter period of time.

12.2 Precedence by Employment Status

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

A. Extra Help or Seasonal

B. Temporary

C. Provisional

D. Probationary

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:

A. The following shall count as County service:

1. Time spent on military leave,

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

3. Leave to accept a position in the unclassified service.

B. 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 currently receiving Workers’ Compensation benefits shall be included in computing length of service for the purpose of determining that employee’s seniority rights.

C. Time worked in an extra help or seasonal status shall not count as County service.

D. 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 (2080) straight-time hours worked.

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

12.3 Procedures

A. Employees who are laid off shall have the following choices:

1. Displace the employee in the same classification within the same division, having the least seniority in County service, if there is no vacant position.

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

B. A displaced employee may request the Human Resources Department Director to place the employee’s name on the promotional eligible list or open eligible list for any classification for which, in the Human Resources Department 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 11.2.

C. Pursuant to the Civil Service Rules as revised, an employee may, with the approval of the Human Resources Department Director and the gaining department head, demote or transfer to a vacant position for which they possess the necessary skills and fitness.

D. At the sole discretion of the Human Resources Department Director, an employee may be allowed to transfer and displace a less senior employee in a position in which they had prior probationary or permanent status and which the Human Resources Department Director determines is equivalent with respect to duties and responsibilities to the position the employee presently occupies.

E. 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.

A transfer, for layoff purposes, is defined as a change from one position to another in the same classification, the salary range of which is not more than ten percent (10%) higher.

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

12.4 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 hereinafter specified. Former employees appointed from a reemployment eligible list shall be restored all rights accrued prior to being laid off, such as sick leave, vacation credits and credit for years of service. However, such reemployed 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 11.2. 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 shall not apply to employees who have accepted severance pay as defined in Section 12.5 of this MOU entitled “Abolition of Position/Severance Pay” upon termination of employment.

12.5 Abolition of Position/Severance Pay

In the event that an employee’s position is abolished and such employee is unable to displace another County employee as provided in this Section 11, 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 such employee’s unused sick leave; provided, however, that such employee shall be eligible for payment only if the employee remains in the service of the County until their 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 departments, and if such employment is secured, the employee will not be entitled to the aforementioned payment, which will be paid after the employee’s County employment ends.

12.6 Medical Coverage After Layoff

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

A. The employee has not refused a County job offer.

B. The employee is unemployed.

C. The employee continues to pay their share of the premium.

12.7 Education Stipend

If a worker 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 of 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 Union.

12.8 Dental Clinic Call-Off

Department protocol requires that a Dental Assistant must be present for a Dentist to work. If the regular Dental Assistant is scheduled off, all efforts will be made to assign an Extra Help Dental Assistant to cover the clinic. If there is no Extra Help Dental Assistant available, the regular Dentist is given the opportunity to work in another clinic where an Extra Help Dentist is working. If there is no Extra Help Dentist working, the least senior regular Dentist will be called off. If the Dentist elects not to work at another location and this meets operational needs, they must use (within accrual balances) earned vacation, holiday or comp time, or, if no paid time off is available, unpaid leave of absence.

13.1 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 (1) day, provided they are in a full pay status on both their regularly scheduled work days immediately preceding and following the holiday. Part-time employees shall be entitled to holiday pay in proportion to the average percentage of full-time hours worked during the two (2) pay periods immediately preceding the pay period which includes the holiday. If two (2) or more holidays fall on succeeding or alternate pay periods, then the average full-time hours worked in the two (2) pay periods immediately preceding the first holiday shall be used in determining the holiday pay entitlement for the subsequent holiday.

13.2 Holidays

The holidays in this County are:

January 1 (New Year’s Day)

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

Third Monday in February (Washington’s Birthday)

Last Monday in May (Memorial Day)

June 19 ………………………………………………(Juneteenth)

July 4 (Independence Day)

First Monday in September (Labor Day)

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

November 11 (Veterans Day)

Fourth Thursday in November (Thanksgiving Day)

Friday following Thanksgiving

December 25 (Christmas Day)

Floating Holiday (Accrued on February 12)

Effective February, 2001, the Lincoln’s Birthday holiday was eliminated and replaced with a floating holiday (8 hours of holiday time) which will accrue on February 12. 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

A. 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.

B. For a three (3) day period designated by the County between December 26th and December 31st of each year during the term of this 2022 MOU, the County agrees to hold a Winter Recess. During the Winter Recess, County departments and divisions employing bargaining unit employees 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 employees 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.

C. 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 employees 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.

D. If either 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.

13.3 Holiday Falling on Sunday

If one of the holidays listed above falls on Sunday and the employee is not regularly scheduled to work on that day, the holiday will be observed on Monday.

In SMMC (excluding clinics) and Correctional Health Services where there is twenty-four (24) hour per day coverage, employees working such coverage shall observe holidays on the actual date of the holiday.

13.4 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. This equivalent straight time off earned is limited to one hundred and twenty (120) hours with any time earned in excess of one hundred and twenty (120) hours cashed out at the equivalent straight time rate within one pay period of accrual. If an employee leaves County service with accrued holiday hours, those hours will be cashed out in the employee’s final check.

13.5 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 times the straight-time rate and shall receive up to eight (8) hours of accrued time off in the employee’s holiday bank.

14.1 Vacation Allowance

Employees, excluding extra help, or as herein otherwise provided, shall be entitled to vacation with pay in accordance with the following schedules. Vacation accrual shall be as follows:

A. During the first five (5) years of continuous service, vacation will be accrued at the rate of 4.0 hours per biweekly pay period worked.

B. 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.

C. 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.

D. 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.

E. 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.

F. 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.

G. No employee will be allowed to carry more than the amount of vacation accrued in fifty-two (52) biweekly pay periods at any one time. However, employees may accrue unlimited vacation time in excess of this maximum when such vacation accrues due to remaining in a pay status during periods of illness or injury which precluded liquidating vacation credits earned in excess of the maximum.

H. No vacation will be permitted prior to the completion of thirteen (13) full biweekly pay periods of service.

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

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

K. Accruals are prorated for part time employees. Accruals for biweekly credit for years of service will be based on the employees’ ratio of hours worked to full time.

14.2 Vacation Schedule

The time at which employees shall be granted vacations 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.

14.3 Vacation Allowance for Separated Employees

When an employee is separated from County service, any remaining vacation allowance shall be added to the final compensation.

14.4 Vacation Pay

Payment for vacation shall be at the base pay of the employee plus applicable differential, if any, as provided in Section 32.

15.1 Accrual

All employees, except extra help, shall accrue sick leave at the rate of 3.7 hours for each biweekly pay period of full-time work. Such accrual shall be prorated for any employee, except extra help, who work less than full time during a calendar month. For the purpose of this Section absence in a pay status shall be considered work.

15.2 Usage

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

A. Diagnosis, care, or treatment of an employee’s illness, injury, health condition, or exposure to contagious disease which incapacitates them from performance of duties. This includes disabilities 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.

B. The employee’s receipt of preventative care or required medical or dental care or consultation.

C. The employee’s attendance, for the purposes of diagnosis, care, or treatment of an existing health condition of, or preventative care, of a member of the immediate family who is ill. For purposes of this Section 15.2, 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.

D. 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.

E. 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.

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.

F. 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:

1. 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

2. 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.

15.3 Procedures for Requesting and Approving Sick Leave

When the requirement for sick leave is known in advance of the absence, employees shall request authorization for sick leave at such time, in the manner hereinafter specified. In all other instances employees shall notify their supervisor as promptly as possible by telephone or other means. Before employees may be paid for the use of accrued sick leave they shall complete and submit to their department head a signed statement, on a prescribed form, stating the dates and hours of absence, the exact reason, and such other information as is necessary for their request to be evaluated. If an employee does not return to work prior to preparation of the payroll, other arrangements may be made with the approval of the department head and the Controller. 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.

15.4 Accounting for Sick Leave

Sick leave may be used in increments no smaller than six (6) minutes. Payment for sick leave used shall be at the employee’s base pay plus applicable differential, if any, as provided in Section 32.

15.5 Credits

When an employee who has been working in an extra help category is appointed to a permanent position such appointee may receive credit for such extra help 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 reemployed in a permanent position, such sick leave credits shall be restored to them 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.

15.6 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, they may require the employee to absent themself from work until the incapacity is remedied. During such absence the employee may utilize any credits for sick leave, vacation and compensatory time which they may have accrued.

15.7 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:

A. was hospitalized during the period for which sick leave is claimed, or

B. 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

C. 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 twenty (20) working days of the employee’s return to work.

15.8 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.

15.9 Bereavement Leave

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

In addition, employees may utilize accrued sick leave pursuant to Section 15.2-4.

16.1 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 Memorandum of Understanding. Unless otherwise provided, 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, as 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 the 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 15.4 (2) (c), no leave of absence or combination of leaves of absence when taken consecutively, shall exceed a total period of twenty-six (26) biweekly 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) biweekly pay periods must also be approved by the Human Resources Department Director. Denial of requested leave in whole or in part at the department head level may be appealed by the employee to the Human Resources Department Director, whose decision shall be final.

16.2 Benefit Entitlement

Employees on leaves of absence without pay for more than two (2) biweekly pay periods shall not be entitled to payment of the County’s portion for their health, dental, life or long-term salary continuation insurance premiums, 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 biweekly pay periods in which the employee was absent. An employee who is granted a leave of absence without pay due to the employee’s illness or accident shall be entitled to have 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) biweekly pay periods payment of premiums.

Where applicable, payment of the County’s portion of the insurance premiums described in this Section 16.2 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).

16.3 Seniority Rights and Salary Adjustments

Authorized absence without pay 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 unexpired term in an elective office shall not be included in determining salary adjustment rights, or any seniority rights based on length of employment.

16.4 Job Incurred Disability Leave

A. Job Incurred Disability Leave with Pay

1. Definition: Disability leave with pay is absence from duty with pay due to disability due to illness or injury arising out of and in the course of employment which has been declared compensable under Workers Compensation Law. Only permanent or probationary employees occupying permanent positions are eligible for disability leave with pay.

2. Payment: Payment of 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.

3. Application for and Approval of Job Incurred Disability Leave With Pay: In order to receive pay for disability leave, an employee must submit a request on the prescribed form to the appointing authority 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.

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

4. Length of Job Incurred Disability Leave with Pay: Except for Safety members of the Retirement System, 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. Safety members, as defined in the Government Code and in determinations made by the San Mateo County Board of Retirement, may be found eligible for disability leave up to a maximum of twenty-six (26) biweekly pay periods. Holidays falling within the period of disability shall extend the maximum days allowed by the number of such holidays.

B. Job Incurred Disability Leave without Pay

1. Definition: 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 employment which has been declared to be compensable under Workers’ Compensation Law. Only permanent or probationary employees occupying permanent positions are eligible for disability leave without pay. Such leave is taken after the disabled employee has used up allowable disability leave with pay, as well as accrued credits for sick leave. At the employee’s option, vacation and compensatory time off accruals may also be used.

2. Application for and Approval of Job Incurred Disability Leave Without Pay: In order to receive disability leave without pay, an eligible employee must submit a request on the prescribed form to the appointing authority describing the illness or accident and all information required for the appointing authority 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.

3. Length and Amount of Job Incurred Disability Leave without Pay: Job incurred disability leave without pay may not exceed twenty-six biweekly pay periods for any one injury. The combined total of disability leave with pay and disability leave without pay for one accident or illness may not exceed thirty two biweekly pay periods. However, Safety members of the Retirement System may be allowed a maximum of fifty-two (52) biweekly pay periods for any one injury total disability leave. In the event an employee is disabled and is receiving Workers Compensation benefits, this leave may be extended as long as such disability continues.

16.5 Leave of Absence without Pay

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. Granting of Leaves of Absence without Pay: An appointing authority may grant a leave of absence without pay for personal reasons up to a maximum of two (2) biweekly pay periods. Leaves of absence of more than two (2) biweekly pay periods must be approved by the Human Resources Department Director.

C. 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 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 must be substantiated by a physician’s statement.

D. Leaves of Absence without Pay for Personal Reasons: Leaves of absence without pay for personal reasons may be granted for a maximum period of thirteen (13) full biweekly pay periods. Such leaves shall only be granted after all accrued vacation and holiday credits have been used.

E. Parental Leave: An employee/parent of either sex may be granted a leave of absence without pay to fulfill 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 child in the home. Such leave to be for maximum period of thirteen (13) biweekly pay periods. Use of accrued vacation, sick, compensatory time or holiday credits shall not be a pre‑condition for the granting of such parental leave. Employees who must assume custody of a minor are eligible for parental leave.

16.6 Military Leaves of Absence

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

16.7 Absence Due to Required Attendance in Court

Upon approval by the department head, an employee other than extra help or seasonal, shall be permitted 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:

A. 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 related to their County job duties, 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.

B. 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.

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

D. An employee required to appear in court in a matter unrelated to their County job duties or because of civil or administrative proceedings that they 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. The time spent in these proceedings is not considered work time. This provision does not apply to grievance proceedings pursuant to this MOU, San Mateo 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.

E. Immediate notification to one’s supervisor is required upon receipt of a subpoena or summons to appear.

16.8 Absence without Leave

A. 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.

B. Absence Without Leave: Absence from duty without leave for any length of time without an explanation satisfactory to the appointing authority is cause for dismissal. Absence without leave for four (4) or more consecutive days without an explanation satisfactory to the appointing authority shall be deemed a tender of resignation. If within thirty (30) days after the first day of absence without leave a person who has been absent makes an explanation satisfactory to the Board of Supervisors, the Board may reinstate such person.

16.9 Educational Leave of Absence with Pay

A. 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) biweekly 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) biweekly pay periods of continuous service and who are not extra help, temporary or seasonal; provided however, that eligibility for such leave for the purpose of taking Category I courses required to maintain the employee’s medical license will be limited to employees with at least six (6) months of satisfactory continuous service who are not extra help or temporary. 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 criteria.

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:

Length of Leave of Absence Period of Obligated Employment

44 to 65 workdays 52 biweekly pay periods

22 to 43 workdays 26 biweekly pay periods

6 to 21 workdays 13 biweekly pay periods

Effective June 30, 2013, Education Leave will no longer be granted, and employees shall not be permitted to rollover unused Education Leave. Any unused Education Leave will be eliminated. Sections (c) and (d) below will be deleted effective June 30, 2013.

16.10 Administrative Leave

Employees in the unit will be regarded as FLSA exempt and overtime compensation has been eliminated.

Effective the first full pay period following July 1, 2014, full-time regular employees will receive five (5) hours of administrative leave per pay period, which shall be prorated for part time regular employees.

Administrative leave can be accrued up to a maximum of two hundred sixty (260) hours, at which point employees shall stop accruing administrative leave until such time the total number of accrued hours is reduced below two hundred sixty (260) hours. Effective the first full pay period following Board adoption of the 2022 MOU, administrative leave can be accrued up to a maximum of three hundred sixty (360) hours, at which point employees shall stop accruing administrative leave until such time the total number of accrued hours is reduced below three hundred sixty (360) hours.

In lieu of using administrative leave hours for paid time off, an employee will be permitted to elect to receive cash payment (i.e., “cash out”) of their unused administrative leave hours, subject to the following guidelines:

 An employee’s cash out election must be made in the calendar year preceding the calendar year in which the County pays the cash out amount to the employee. Such election must be made no later than the close of business on December 31^st. An election to cash out (or to not cash out) administrative leave is irrevocable and may not be changed.

An employee may elect to cash out only administrative leave amounts that the employee is scheduled to accrue in the following year (for example, for full time employees, this will be 5 hours per pay period x 26 pay periods = 130 hours max per year).

 Payments of an employee’s cash out election will be made in the calendar year following election, in the final full payroll period.

The County’s payment of the employee’s elected cash out amount may not exceed the lesser of (i) the total hours of administrative leave actually accrued by the employee in the year of cash out, or (ii) the employee’s unused administrative leave balance as of the cash out payment date.

 On a one-time basis only in calendar year 2023, employees may elect to take two (2) administrative leave cash outs. Such election must be made no later than the close of business on December 31, 2022. Employees may elect to cash out only administrative leave amounts that the employee is scheduled to accrue in the following year. Full-time employees can elect to cash out up to thirty (30) hours of administrative leave hours in April 2023 and up to one hundred (100) hours in December 2023, in the final full payroll period.

Requests to use leave pursuant to this section will follow established time off policies.

17.1 Payment of Healthcare Premiums

The County and covered employees share in the cost of health care premiums. The County will pay eighty-five percent (85%) of the total premium for the Kaiser HMO, Blue Shield HMO, Kaiser High Deductible Health Plan or Blue Shield High Deductible Plan, and covered employees will pay fifteen percent (15%) of the total plan premium.

Alternatively, the County will pay seventy-five percent (75%) of the total premium for the Blue Shield POS Plan, and covered employees will pay twenty-five percent (25%) of the total premium for the Blue Shield POS Plan. Effective with the January 1, 2016 plan year, the Blue Shield POS (Point-of-Service) plan was replaced with the Blue Shield (Preferred Provider Organization) plan.

17.2 Healthcare Legislation Reopener

Upon request from the County, the parties will reopen Section 17 during the term of the agreement if necessary to address changes required under the Affordable Care Act or other healthcare legislation. Upon the County or the Union’s request, the County and Union 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 ACA), or other taxation resulting from future healthcare legislation.

17.3 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 (1/2) of the County contributions to 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 biweekly 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 or Blue Shield High Deductible Plan, three-fourths (3/4) of the County contributions to the hospital and medical care premiums described above.

17.4 Sick Leave Conversion to Health Coverage Upon Retirement

Unless otherwise provided in this Agreement, employees whose employment with the County is severed by reason of retirement during the term of this Memorandum of Understanding shall be reimbursed by the County for the unused sick leave at time of retirement on the following basis:

A. For each eight (8) hours of unused sick leave at time of retirement, the County shall pay for one (1) month’s premium for health coverage or for dental coverage for the employee and eligible dependents (if such dependents are enrolled in the plan at the time of retirement) provided that the County shall not be obligated to contribute in excess of Four Hundred ($400.00) per month for the retired employee to continue health or dental coverage (e.g., if an employee retires with three hundred twenty (320) hours of unused sick leave, the County will continue to pay four hundred dollars ($400) of the health or dental premiums on said employee for a period of forty (40) months). Should a retired employee die while receiving benefits under this section, the employee’s spouse and eligible dependents shall continue to receive coverage to the limits provided above.

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 full hour increments above a minimum of eight 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).

B. The County provides a specified contribution to retirees who have unused sick leave at the time of retirement. For each unused 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.

C. The County will provide up to one hundred ninety-two (192) hours of sick leave (two (2) years of retiree health coverage) to employees who receive a disability retirement. For example, if a worker who receives a disability retirement has one hundred (100) hours of sick leave at the time of retirement, the County will add another ninety-two (92) hours of sick leave to their balance. This sick leave will be converted at the rate of four hundred dollars ($400.00) per eight (8) hours of sick leave.

D. Effective January 1, 2023, employees who retire via service or disability retirement from the County simultaneously separating from County service, who used paid sick leave concurrently with approved Family Medical Leave (FMLA), California Family Rights Act Leave (CFRA), and/or Pregnancy Disability Leave (PDL) during County service, will have the amount of paid sick leave used concurrently with FMLA/CFRA/PDL, up to a maximum of two hundred forty (240) hours, restored to the employee’s sick leave bank at retirement. Employees who took FMLA/CFRA/PDL leave prior to 2015 will be required to provide documentation of FMLA/CFRA/PDL to the County in advance of retirement to establish eligibility for sick leave restoration. The sufficiency of documentation establishing use of FMLA/CFRA/PDL leave prior to 2015 is subject to County approval.

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

18.1 The County will continue to offer dental care coverage for the employees and their eligible dependents. The County will pay 90% of the premium for this coverage.

18.2 The County shall provide vision care coverage for the individual employee and eligible dependents, including adult dependents, domestic partners, and the children and adult dependents of domestic partners.

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

20.1 UAPD 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.

20.2 Health Plan Initiated 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, provided however, it will first meet and confer with the Union on any such matter.

20.3 Benefits Committee

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

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

B. 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,

C. 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.

20.4 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.

21.1 Coverage

The County will pay group life insurance and accidental death insurance premiums for the following coverage:

A. Life insurance for each employee with a maximum benefit amount of Fifty Thousand Dollars ($50,000)

B. Life insurance for the employee’s spouse and/or registered domestic partner with a maximum benefit amount of Five Hundred Dollars ($500)

C. Life insurance for each of the employee’s children depending on age, with up to a maximum benefit amount of Five Hundred Dollars ($500).

The County shall provide additional life insurance payable to the employee’s beneficiary if the employee’s death results from an accident either on or off the job, up to a maximum benefit amount of One Hundred Ten Thousand Dollars ($110,000).

21.2 Supplemental Coverage

Employees, depending on pre‑qualification, may purchase additional term life insurance to a maximum of Seven Hundred and Fifty Thousand Dollars ($750,000) for employee, Two Hundred and Fifty Thousand Dollars ($250,000 ) for spouse or registered domestic partner, and Ten Thousand Dollars ($10,000) for each qualifying dependent.

22.1 Eligibility

The County shall continue to provide its present long-term disability 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.

22.2 Waiting Period

Effective with disabilities commencing on or after January 1, 1988, the one hundred and twenty day (120) 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 six (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.

22.3 Coverage

The Long Term Disability Plan provides a maximum benefit of Two Thousand Four Hundred Dollars ($2,400) monthly. The Plan also covers part-time employees who work a minimum of twenty hours per week.

22.4 Limits

The Long Term Disability Plan is also modified to restrict benefits for psychiatric disabilities that result from stress, depression or other life events to two (2) years. However, a disability resulting from certain chronic psychotic disorders or a disorder with demonstrable organic brain deficits can qualify for benefits payable up to the age of sixty-five (65).

23.1 Length

Probationary employees shall undergo a probationary period of One thousand forty (1040) regular hours, unless a longer period, not to exceed Two thousand eighty (2080) regular hours is prescribed by the Civil Service Commission for the class. Individual probationary periods may be extended with good cause upon request of the department head and concurrence of the Human Resources Department Director; however, no probationary period shall exceed Two thousand eighty (2080) regular hours. If an employee is incapacitated due to medical conditions and is reassigned to work that is not part of their normal duties, the probation 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, extra help, or provisional status shall not count towards completion of the probationary period. The probationary period shall start from the date of probationary appointment.

23.2 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 reemployed. Permanent employees who are demoted to lower classes shall be given permanent appointments in the lower class.

23.3 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.

23.4 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 31, except when the employee alleges 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 therefor, at once.

The Human Resources Department Director may, upon request by an employee rejected during the 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.

23.5 Transfer Within Existing Classification

Permanent employees who transfer to another position in the same class 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 must sign a statement indicating an understanding of this fact prior to the effective date of the transfer. At the discretion of the Human Resources Department Director, examinations to demonstrate fitness 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 a employee be rejected at a point beyond the window period and the employee had prior permanent status, 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, the employee shall be removed from County service.

24.1 Examinations

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

B. 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 months prior to layoff.

Persons in unclassified positions who previously held positions in the classified service and who did not have a break in County service between the classified and unclassified appointments are eligible to compete provided that they have at least six months total service prior to the final date to file an application.

C. Departmental Promotional Examinations: Permanent and probationary employees of departments 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 months prior to layoff.

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

E. Qualifying Examinations:

1. Qualifying examinations may be given to probationary and permanent County employees for specifically designed position reclassifications, transfers, demotions and alternately staffed classifications.

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

F. Veterans preference shall not apply to promotional examinations.

24.2 Promotional Eligible Lists

A. 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.

B. Departmental Promotional Eligible Lists: The names of applicants successful in departmental promotional exams shall be placed on departmental promotional eligible lists for the classes examined.

C. These lists shall take precedence over General Eligible Lists.

D. 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 their final score.

24.3 Probationary Period

Permanent employees who are promoted to a higher class shall undergo the probationary period prescribed for the higher class, but shall have the right to demote to their former class if rejected during their probationary period, except that trainees who are promoted to journey level classes shall not have the right to revert to their former trainee classes if rejected during the probationary period.

When organizational changes result in geographical displacement of an employee, the department head shall establish criteria for the selection of employees to be relocated based on their determination of the needs of the department. The department head shall consider such job related factors as they deem appropriate including, but not limited to, experience in the particular work, length of service in the class and special skills possessed by employees. The County shall discuss these criteria with the Union before selecting employees for displacement.

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. If they do not appeal such action to the Civil Service Commission within fourteen (14) days after receipt of such charges, as provided in Section 507, Article V of the Charter, a permanent employee shall have the right to appeal such action in accordance with the provisions of Section 31.2 (3) and (4) unless their objection to the action has been resolved earlier in accordance with Section 31.2 (1) or (2). A permanent classified employee may be dismissed, suspended, reduced in step or demoted for cause only.

No employee shall be required regularly to perform duties of a position outside of the classification to which appointed. However, employees may be assigned temporarily duties outside their classifications. 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 work of a permanent position having a different classification and being paid at a higher rate, and if they have worked in such classification for forty (40) consecutive work hours they shall be entitled to payment for the higher classification, as prescribed for Promotions in Section 5.6 of this Memorandum of Understanding retroactive to the first workday and continuing during the period of temporary assignment, under the conditions specified below:

A. The assignment is caused by the absence of the incumbent;

B. The employee performs the duties regularly performed by the absent incumbent, and these duties are clearly not included in the job description of their regular classification;

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

D. A copy of the department head’s written approval must be submitted in advance to the Human Resources Department Director. If the Human Resources Department Director determines that they will 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 Department Director whose decision shall be final.

29.1 Upon reclassification of filled positions, the Human Resources Department Director shall determine whether the action constitutes an upward, lateral or downward movement of the level of the position.

A. Downward: The incumbent will be assigned to a vacant position in the same department in the same class previously held. In lieu of reassignment, the incumbent may accept a demotion in the reallocated position. If neither of these options are exercised, the layoff procedure in the Civil Service rules will be employed.

B. Lateral: The status of the incumbent will remain unchanged in the classification to which the position is reallocated.

C. Upward: The Human Resources Department Director will grant status to the incumbent when either 1) there has been no essential change in the duties and responsibilities of the position during the individual’s incumbency; or 2) there has been a gradual change in the duties and the incumbent has satisfactorily performed the higher level tasks for at least six (6) months. If neither of the conditions listed above exist, the incumbent may be transferred, demoted, laid off or compete for the reallocated position as specified in the Civil Service Rules.

30.1 Definition

A grievance is any dispute which involves the interpretation or application of any provision of this Memorandum of Understanding excluding, however, those provisions of this Memorandum of Understanding 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 EEO Coordinator, 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.

30.2 Procedure

Grievances shall be processed in the following manner:

A. Step One, Management Official and/or Union Representative: Any employee who believes that they have a grievance may discuss their complaint with such management official in the department in which they work as the department head may designate. If the issue is not resolved within the department, or if the employee elects to submit their grievance directly to the Union, the procedures hereinafter specified may be invoked.

B. Step Two, Human Resources Department Director: Any employee or any official of the Union may notify Human Resources Department 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 alleged grievance. The Human Resources Department Director, or their designated representative, who in the case of a grievance alleging discrimination shall be the EEO Coordinator, shall have twenty-five (25) workdays in which to investigate the merits of the complaint, to meet with the complainant, and, if the complainant is not the Union, to meet also with the officials of the Union, and to settle the grievance. No grievance may be processed under paragraph (C) below which has not first been filed and investigated in accordance with this paragraph (B).

C. Step Three, Adjustment Board: If the parties are unable to reach a mutually satisfactory accord on any grievance which arises and is presented during the term of this MOU, the Union may advance the grievance to an Adjustment Board by submitting a written request to Employee Relations no later than twenty-eight (28) calendar days of written notice from Employee Relations that the grievance is denied at Step 2. The Adjustment Board shall be comprised of two (2) representatives designated by the Union and two (2) designated by the County. A majority decision of the Adjustment Board on all issues, including procedural issues, is final and binding.

D. Step Four, Arbitration: In the event an Adjustment Board is unable to arrive at a majority decision, either the Union or the County may require that the grievance be referred to an impartial arbitrator, if within twenty-eight (28) calendar days of the date upon which the Adjustment Board hearing was held, the moving party notifies the other in writing of its desire to arbitrate. The question shall be submitted to an arbitrator mutually agreed upon by the parties or, failing mutual agreement, to that arbitrator who is selected by lot from an agreed upon panel. The fees and expenses of the arbitrator and of a Court Reporter shall be shared equally by the Union and the County. Each party, however, shall bear the cost of its own presentation, including preparation and post-hearing briefs, if any.

30.3 Scope of Adjustment Board and Arbitration Divisions:

Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the Charter of the County. No Adjustment Board and no arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by this Union and unless such dispute falls within the definition of a grievance as set forth in subsection 31.1.

Proposals to add to or change this MOU or written agreements or addenda supplementary hereto shall not be arbitral and no proposal to modify, amend or terminate this MOU, nor any matter or subject arising out of or in connection with such proposal, may be referred to arbitration under this Section. Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this MOU or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.

30.4 No grievance involving demotion, suspension, reduction in step or dismissal will be entertained unless it is filed in writing with Employee Relations within five (5) working days of the time at which the affected employee was notified of such action.

30.5 If the Human Resources Department Director in pursuance of the procedures outlined in subsection 31.2 (2) resolves a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time, but in the event the dispute is referred to arbitration and the arbitrator finds that the County had the right to take the action complained of, the arbitrator may not substitute their judgment for the judgment of management and if they find that the County had such right, they may not order reinstatement and may not assess any penalty upon the County.

30.6 Compensation Complaints (MOU Complaints)

All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Human Resources Department Director. 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 meet and confer process and if not detailed in the Memorandum of Understanding which results from such meet and confer process shall be deemed withdrawn until the meet and confer process is next opened for such discussion.

30.7 Modification

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

30.8 No Strike

The Union, 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, refusal to operate designated equipment (provided such equipment is safe and sound) or to perform customary duties; and neither the Union 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 Memorandum of Understanding.

30.9 County Charter and Civil Service Commission:

A. 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.

B. All grievances of employees in the representation unit represented by the Union shall be processed under this Section. If the County Charter requires that a differing option be available to the employee, no action under paragraph (2) of subsection 31.2 above shall be taken unless it is determined that the employee is not availing himself/herself of such option.

C. No action under paragraph (2) of subsection 31.2 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.

D. If any award by an Adjustment Board or arbitrator requires action by the Board of Supervisors or the Civil Service Commission before it can be placed in effect, the County Manager and the Human Resources Department Director will recommend to the Board of Supervisors or the Civil Service Commission, as appropriate, that it follow such award.

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 31, the employee shall attempt to resolve the matter with the immediate supervisor. If unable to resolve the matter satisfactorily, the employee or the employee’s Union representative may submit the complaint in writing to Employee Relations with a copy to the Human Resources Department Director. If this matter is not resolved by Employee Relations within thirty working days from the date of receipt of the complaint, the employee or the Union representative shall advise the Human Resources Department Director in writing that the matter has not been resolved and the Human Resources Department Director shall render a decision within fifteen working days of receipt of this notification, which decision shall be final.

The County recognizes that other employee problems also merit prompt attention and will attempt to handle such matters in an expeditious manner.

Beginning July 1, 2013, employees may be reimbursed for up to two thousand five hundred dollars ($2,500.00) per fiscal year for educational expenses authorized for maintenance of their licensure/certification. Effective July 1, 2019, employees may be reimbursed for up to three thousand dollars ($3,000.00) per fiscal year for educational expenses authorized for maintenance of their licensure/certification.

For educational reimbursement, proof of completion shall be provided to the department head along with reimbursement request. When such educational expense is authorized for training, employees may be reimbursed for related travel expenses from the three thousand dollars ($3,000.00), provided the travel expense is directly related to the training or coursework. Employees may also use the three thousand dollars ($3,000.00) to be reimbursed for the purchase of smartphones, iPads or tablets, related smartphone medical software or apps, the following specific personal professional equipment: loupes, headlamps and stethoscopes and medical reference materials/books, where all purchases are judged to be helpful in their work assignment, to pay for professional license fees, and for fees and memberships in professional associations related to their field of practice.

Reimbursement requests must be submitted to the department head for approval within ninety (90) days of expense or completion of conference or course in accordance with the County’s Expense Reimbursement Policy.

For Staff Physicians, Psychiatrists, and Dentists who are required to pay medical staff dues to the San Mateo Medical Center, the County agrees to pay the annual medical staff dues per employee for the term of this agreement. These funds are in addition to the educational expenses detailed above.

The County may 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 Human Resources Department Director 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. 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 Department 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 the employee satisfactorily completes the course, forward it to the Controller for payment. Reimbursement may include the costs of tuition and related fees. The County will reimburse up to fifty dollars ($50.00) per course for books or 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.

Both management and bargaining employees are committed to providing excellent medical care for residents of the County. In order to further this objective, the parties agree to form a Primary Care Performance Improvement Committee as outlined below.

The Committee will be organized under the Performance Improvement and Quality Assurance Department of the hospital. The purpose of the Committee will be to jointly discuss and address clinical care issues. There will be regularly scheduled meetings held monthly as set by the Committee for not more than two (2) hours per meeting. Meetings may be cancelled by mutual agreement. The Committee will be comprised of five (5) members of the bargaining unit and up to five (5) representatives selected by management. The five (5) bargaining unit representatives may be paid at the straight time rate up to two (2) hours each in any one month to attend scheduled committee meetings. Participation shall be considered voluntary. The Committee will determine when meetings are to be held. Other bargaining employees may attend meetings on an ad hoc basis, but must do so on their own time.

The parties will work in good faith to resolve problems raised through this committee in a timely manner. The Committee will not discuss general management issues or issues that are grievable under Section 30 of this MOU.

No later than sixty (60) days after the effective date of the 2022 MOU, the parties will convene the Service Delivery Improvement Committee. The committee will work collaboratively on plan for extending San Mateo Medical Center clinic hours from 8 am to 8 pm a few days per week and a half day on Saturday, and to offer more flexible hours to providers at these clinics, including telemedicine/psychiatry options. The committee will also discuss the issue of pediatrician standby pay.

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

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

Employees covered by this Memorandum of Understanding are eligible for benefits pursuant to the State Disability Insurance Program.

38.1 Employee’s options for coverage by retirement plan are described by plan brochures which are available from the Retirement Office.

For employees hired on or after July 13, 1997, Plan 2 COLA is reduced to up to a two percent (2%) COLA and retirement is calculated on average salary of the three (3) highest twelve (12) consecutive months rather than single highest year.

38.2 Effective July 19, 2015, the County shall discontinue employer pick up the employee’s statutorily required retirement contribution.

38.3 The benefit enhancement under Government Code section 31676.14 (2% @55.5) shall be applicable only to those employees who retire after the County’s implementation of section 31676.14.

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 enhancements through increased retirement contributions by way of payroll deductions and shall contribute three percent (3%) of compensation earnable as defined in SamCERA regulations.

These contributions will not be reduced by the employer pick-ups described above in Section 38.2.

New Retirement Plans:

For new employees hired on or after July 10, 2011, upon the adoption of a resolution making Government Code section 31676.1 effective, the retirement benefit options shall be:

Current 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 with the option to transfer to Plan 5 after providing the equivalent of five (5) years of service (10,400 hours) to the County that option is for future Plan 5 service only. After providing the equivalent of ten (10) years of service (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.

Plan 5: 1.725% @ 58 (pre-enhancement tier) with no 3% cost share

Current Plan 4: 2% @ 55.5 (as described in 38.3 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 years (20,800 hours) of service in Plan 5, and entering into an agreement with the San Mateo County Employees’ 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.

38.4 Retirement COLA Cost:

Effective July 3, 2016, all employees 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 June 21, 2015, employees received a one-half percent (.5%) salary increase to offset the additional employee payment toward retirement COLA.

39.1 Employees Placed in Plan 5. Employees hired on or after January 1, 2013 who are placed in Plan 5 by SamCERA will be subject only to the applicable provisions of sections 38.1 and 38.2 of Section 38 above.

39.2 Employees Placed in Plan 7. Employees hired on or after January 1, 2013 who are placed in Plan 7 by SamCERA will not be subject to any provisions in Section 38 unless specifically negotiated. Such employees will receive up to a two percent (2%) retirement COLA.

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

A. Automatic Enrollment:

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 employees’ 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 they choose 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.

B. County Matching Contribution:

Effective the first, full pay period following Board of Supervisors’ approval of a successor MOU in 2019, for regular employees defined as new members in the San Mateo County Employees Retirement Association (SamCERA) under the Public Employees’ Pension Reform Act (PEPRA), the County will match employee contributions to the County’s 457 Plan, up to three percent (3%) base salary. Effective the first, full pay period following Board of Supervisors’ approval of a successor MOU in 2022, for regular employees defined as new members in the San Mateo County Employees Retirement Association (SamCERA) under the Public Employees’ Pension Reform Act (PEPRA), the County will match employee contributions to the County’s 457 Plan, up to five percent (5%) base salary. Such contributions shall not exceed the maximum County contribution permitted under PEPRA and federal law. County contributions shall be deposited in the employee’s 401(a) Plan.

Effective the first, full pay period following Board of Supervisors’ approval of a successor MOU in 2019, for regular employees in the San Mateo County Employees Retirement Association (SamCERA) defined as legacy (classic) members under the Public Employees’ Pension Reform Act (PEPRA), the County will match employee contributions to the County’s 457 Plan, up to one percent (1%) base salary. Such contributions shall not exceed the maximum County contribution permitted under PEPRA and federal law. County contributions shall be deposited in the employee’s 401(a) Plan.

C. Additional Retirement Benefit:

UAPD employees who meet the Internal Revenue Code section 401(a) (17) annual compensation limit (employees in Retirement Plans 4 and 5) will be eligible for contributions toward the County’s 401 (a) Money Purchase Retirement Plan with the ICMA Retirement Corporation.  The County will pay the difference in contributions it would have made to SamCERA into 401 (a) Money Purchase Retirement Plan with the ICMA Retirement Corporation.  Contributions to ICMA are made on an annual basis at the beginning of the calendar year for an employee who exceeded the 401(a)17 limit in the previous year.