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

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

Except in cases of emergency as provided below in this subsection, the Association, 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…

  Employees assigned to the following assignments shall be paid the hourly equivalent rate of one step in the salary range in addition to all other compensation. After the completion of two (2) years of service in the following assignments such employees shall receive two (2) steps in addition to…

The Association, its members and representatives, agree that it and they will not engage in, authorize, sanction or support any strike, slowdown, stoppage of work, curtailment of production, concerted refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound) or to perform customary duties;…

The County will provide up to two (2) days paid bereavement leave upon the death of an employee’s parents, spouse, domestic partner, child, or step-child. In addition, employees may utilize accrued sick leave pursuant to Section 19.2-4.

Subject to applicable federal regulations, the County agrees to provide a deferred compensation plan that allows employees to defer compensation on a pre-tax basis through payroll deduction.   Effective January 1, 2016, each new employee will be automatically enrolled in the County’s Deferred Compensation program, at the rate of one percent…

All employees subject to this MOU hired on or after January 8, 2012 will pay fifty percent (50%) of the Retirement COLA cost as determined by SamCERA. Effective the first full pay period in July of 2016, all employees, regardless of plan or hire date, will pay a COLA cost…

34.1 Retirement Plan (a)   Employees Hired Before January 8, 2012 Effective January 2, 2005, the County implemented the 3% @ 50 retirement enhancement (Government Code section 31664.1) for employees in Plans 1, 2 or 4. The one year final average compensation for participants in the safety retirement Plan 1 or…

Any sworn peace officer in the Sheriff’s Department who believes they have been subjected to a transfer for the purpose of punishment may appeal said transfer through the chain of command to the Sheriff (or, in cases where the Sheriff has been personally involved, to the Human Resources Director or…

Complaints involving or concerning payment of compensation shall be initially filed in writing with Employee Relations. Only complaints which allege 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…

Decisions of 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 arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by…

The grievance must be filed at either Step 1 or Step 2 within twenty-eight (28) calendar days from the date of the employee’s knowledge of the alleged grievance or within fourteen (14) calendar days if grieving a demotion, suspension or dismissal from employment. The grievant shall state the grievance in…

33.1 Grievance A grievance is defined as any dispute which involves the interpretation or application of any provision of this MOU, excluding those provisions of this MOU which specifically provide that the decision of any County official shall be final, the interpretation or application of those provisions shall not be…

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. An employee may either appeal such dismissal, suspension or demotion to the Civil Service Commission or file a grievance in accordance…

31.1 Probationary employees shall undergo a probationary period of six (6) months unless a longer period is prescribed by the Civil Service Commission for their classes. Individual probationary periods may be extended with good cause upon request of the department head and concurrence of the Human Resources Director; however, no…

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 class and being paid at a higher rate, and if they have worked in such class for 5 consecutive workdays, they shall be entitled…

No employee shall be required regularly to perform duties of a position outside of the class to which appointed. However, employees may be assigned temporarily duties outside their classes. In addition, under the conditions described in the Rules of the Civil Service Commission, a department head may temporarily assign to…

Upon reclassification of filled positions, the Human Resources Director shall determine whether the action constitutes an upward, lateral or downward movement of the level of the position. Downward: The incumbent will be assigned to a vacant position in the same department in the same class previously held. In lieu of…

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 in their former department if rejected during their probationary period if a vacancy in their former class exists. If no…

These lists shall take precedence over General Eligible Lists. Departmental Promotional Eligible Lists: The names of applicants successful in departmental promotional examinations shall be placed on departmental promotional eligible lists for the classes examined.  General Promotional Eligible Lists: The names of applicants successful in general promotional examinations shall be placed…

27.1 Examinations Open Examinations: Any person who meets the minimum qualifications for the job class may compete. General Promotional Examinations: Permanent and probationary employees who have served at least 6 months in such status prior to the date of the exam are eligible to compete. Persons who have been laid…

26.1     Employees in the Sheriff’s Office who must provide their own uniform and equipment shall receive $892.00 per annum in additional compensation to cover the cost of maintaining such uniforms and equipment; such payment shall be made on the regular pay warrant that covers each new employee’s date of…

25.1 The County shall provide $50,000 of life insurance for each employee and $2000 of life insurance for the employee’s spouse and up to a maximum of $2000 of life insurance for each of the employee’s children depending on age. The County shall provide an additional $110,000 of life insurance…

24.1 During the term of the MOU, the County and the Association shall 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 including FSA debit cards. The Benefits Committee will be composed of County and labor…

The County shall provide Vision care coverage for employees and eligible dependents including young adult dependents and domestic partners. The County will pay the entire premium for this coverage.

The County shall contribute a sum equal to ninety percent (90%) of the premium for the County Plan and the Delta Dental Plan for employees and eligible dependents, including young adult dependents and domestic partners. All employees must participate in one of these plans.

Unless otherwise provided in this MOU, employees whose employment with the County is severed by reason of retirement during the term of this MOU shall be reimbursed by the County for unused sick leave at time of retirement as follows:       Tier 1 Sick Leave Employees hired prior…

21.1 Me Too Agreement Any agreements reached with the American Federation of State, County and Municipal Employees (AFSCME) regarding Hospitalization and Medical Care (Section 21), Dental Care (Section 22), and/or Vision Care (Section 23) shall be extended to this Memorandum of Understanding.  The intent of this paragraph is to memorialize…

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 employees must submit on the prescribed form a request to the appointing authority contain­ing all information required to evaluate the request.…

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. Absence Without Leave: Absence from duty…

Upon approval by the department head, any 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 or by direction of proper authority, in accordance with the following provisions:   Absence from duty will be…

Qualifying: Only permanent or probationary employees in permanent positions are eligible for leaves of absence without pay under this Section. Granting of Leaves of Absence Without Pay: Appointing authorities may grant leave of absence without pay for personal reasons up to a maximum of two biweekly pay periods. Leaves of…

Job Incurred Disability Leave (1)  Job Incurred Disability Leave With Pay Definition: Disability leave with pay is an employee’s absence from duty with pay due to disability caused by illness or injury arising out of and in the course of employment which has been declared compensable under the Workers’ Compensation…

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 Worker’s Compensation benefits; or (3) a leave of absence to fill an unexpired term in an elective office shall not be included…

Employees on leaves of absence without pay for more than one month shall not be entitled to payment by the County of their health, dental, life or long term salary continuation insurance premiums, except as provided hereinafter. Entitlement to County payment of premiums shall end on the last day of…

 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 the County Ordinance Code. Unless otherwise provided, the granting of a leave of absence also grants to the employee the right to return to a…

Leave credits may be transferred from one or more donating employees to another receiving employee under the following conditions: The receiving employee is a permanent full or part-time employee whose participation has been approved by their department head; The receiving employee or the receiving employee’s spouse/domestic partner or direct family…

An employee who is injured or becomes ill while on vacation may be paid for sick leave in lieu of vacation provided that the employee: (1) was hospitalized during the period for which sick leave is claimed, or (2) received medical treatment or diagnosis and presents a statement indicating illness…

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 abstain  from work until the incapacity is remedied. During such absence the employee may utilize any accumulated sick…

When an employee who has been working in a seasonal or extra help category is appointed to a permanent position they may receive credit for such extra help or seasonal period of service in computing accumulated sick leave, provided that no credit shall be given for service preceding any period…

Sick leave may be used in increments no smaller than 6 minutes. Payment for sick leave used shall be at the employee’s base pay plus applicable differential, if any, as provided in Section 10.

When the requirement for sick leave is known to the employee in advance of the absence, they shall request authorization for sick leave at such time, in the manner hereinafter specified. In all other instances the employee shall notify their supervisor as promptly as possible by telephone or other means.…

Employees are entitled to be paid for sick leave used, to a maximum of the time accrued, under the following conditions: (1)    The employee’s illness, injury or exposure to contagious disease which incapacitates him/her from performance of duties. This includes disabilities caused or contributed to by pregnancy, miscarriage, abortion,…

All employees, except extra help or seasonal, shall accrue sick leave at the rate of 3.7 hours for each biweekly pay period of full-time work. Such accrual shall be pro-rated for employees, except extra help or seasonal employees, who work less than full-time during a pay period. For purposes of…

Payment for vacation shall be at the base pay of the employee plus applicable differential, if any, as provided in Section 10.

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

Employees, excluding extra help or as herein otherwise provided, shall be entitled to vacation with pay in accordance with the following schedules. Such accrual shall be pro­rated for any employees, except extra help, who work less than full-time during a pay period. (1)     During the first 5 years of…

17.1 Regular full-time employees shall receive either eight (8) hours of pay or eight (8) hours of holiday leave for all authorized holidays listed in 17.3, provided they are in a pay status on both their regularly scheduled workdays immediately preceding and following the holiday. An employee may carry a…

If an employee‘s position is abolished and they are unable to displace another County employee as provided in Section 15, they shall receive reimbursement of 50% of the cash value of their unused sick leave; provided that such employee shall be eligible for reimbursement only if they remain in the…

The provisions of Section 15 shall apply when an occupied position is abolished resulting in a classified employee losing status in their assigned class in their assigned department.

(1)   Employees who are laid off may take a voluntary demotion within the Sheriff’s Office or District Attorney’s Office to a class in which the employee had prior probationary or permanent status provided such a position is held by an employee with less seniority. (2)  Displaced employees may request the…

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

The department head will give at least 14 days advance written notice to employees to be laid off unless a shorter period of time is authorized by the Human Resources Director.

Employees in the classes of Deputy Sheriff, and District Attorney’s Inspector who have successfully completed a probationary period of one of those classes and hold permanent status, shall be eligible to receive an incentive equating to 2.5% of base pay per biweekly pay period in addition to all other compensation…

Employees may be reimbursed for tuition and related fees paid for taking courses of study in an off-duty status if the subject matter content is closely related to present or probable future work assignments, and limited to programs of instruction that correspond to courses offered by independent bona fide institutions…

A salary differential of $42.50 biweekly shall be paid incumbents or positions requiring bilingual proficiency as designated by the appointing authority and Human Resources Director. 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…

When warranted and in the interest of County operations, the department head may assign employees to “on-call” status. Effective January 31, 2016, employees shall be paid an hourly rate of three dollars ($3.00) for time in which they are required to be in an on-call status. Effective the first pay…

For employees who have been: regularly working a shift described in Section 9, and/or assigned to and regularly working a special job assignment enumerated in Exhibit B of this Memorandum, and/or eligible for and receiving Career Incentive Allowance for Law Enforcement Officers as provided in Section 14, for 30 or…

9.1 Shift differential pay, for the purpose of this Section, is defined as pay at a rate which is one step above the employee‘s base pay in the salary range for their class. If the base pay is at the top step, shift differential pay shall be computed at one…

CTO which accrues in excess of eighty (80) hours must be liquidated by monetary payment. Utilization of compensatory time off shall be by mutual agreement between the department head and the employee. The smallest increment of CTO which may be taken off is 6 minutes. Effective January 31, 2016, the…

The Human Resources Director shall allocate all job classes to the following described work groups for purposes of determining categories of employees to be compensated by monetary payment or comp time off. The Director‘s decision shall be final; provided that prior to changing the work group of an existing class…

  Except as otherwise provided by Charter, or as defined herein, any authorized time worked in excess of a 40 hour weekly work schedule shall be considered overtime and shall be compensable at the rate of one and one-half times the overtime worked whether compensated by monetary payment or by…

All compensable overtime must be authorized by the appointing authority or designated representative prior to being worked. If prior authorization is not feasible due to emergency conditions, a confirming authorization must be made on the next regular working day following the date on which the overtime was worked. Overtime worked…

The standard workweek for employees occupying full-time positions consists of 40 hours unless otherwise specified by the Board of Supervisors. The appointing authority shall fix the hours of work with due regard for the convenience of the public and the laws of the State and County. Employees occupying part-time positions…

When an employee is reclassified downward, he/she 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 class equals or exceeds such “Y” rate. The “Y”…

An employee in a position reclassified downward shall have the right to either (1) transfer to a vacant position in their present class in the same or another department, provided the head of the department into which the transfer is proposed agrees, or (2) continue in the same position in…

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, they shall be entitled to the next step…

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

In addition to the salary provisions described in Section 6.1 above, employees in the classifications of Deputy Sheriff, Sheriffs Correctional Officer and District Attorney Inspector shall receive experience pay at the following rates: 2% at the beginning of the 12th year 3% at the beginning of the 15th year 4%…

On or before the first Monday in April in each year, commencing in the calendar year 2016, and ending in the calendar year 2020, the representatives of the County and the representatives of the Deputy Sheriffs Association shall jointly certify to the Board of Supervisors the highest pay rate in…

There shall be no discrimination because of race, creed, color, national origin, sex, sexual orientation, legitimate employee organization activities, or on the basis of any other classification protected by law against any employee or applicant for employment by the Association, the County, or anyone employed by the County. To the…

Except where modified by this MOU, the County retains the exclusive right to determine the methods, means and personnel by which County government operations are to be conducted; to determine the mission of each of its departments, boards and commissions; to set standards of service to be offered to the…

  3.1 Release Time for Meet and Confer County employees who are official representatives of the Association shall be given reasonable time off with pay to meet and confer or consult with management representatives or to be present at hearings where matters within the scope of representation are being considered.…

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

The Association shall be allowed by County departments in which it represents employees use of available bulletin board space for communications having to do with official Association business, such as times and places of meetings, provided such use does not interfere with department needs. The Association may distribute materials to…

The Association may have the regular dues of its members within the representation unit deducted from employees’ paychecks under procedures prescribed by the County Controller. Dues deduction shall be made only upon signed authorization from the employee upon a form furnished by the County, and shall continue: (1) until such…

2.1       Agency Shop A.    The Association agrees that it has the duty to provide fair and non-discriminatory representation to all employees in the representation unit regardless of whether they are members of the Association. B.   All employees in the representation unit shall as a condition of employment do one…

The Deputy Sheriffs’ Association, hereinafter referred to as the “DSA”, is the recognized employee organization for this bargaining unit, certified pursuant to Resolution No. 38586, adopted by the Board of Supervisors on May 16, 1978. This MOU covers County probationary and regular employees employed in the classifications of Deputy Sheriff,…

The Deputy Sheriffs Association (DSA) and representatives of the County of San Mateo have met and conferred in good faith regarding wages, hours and other terms and conditions, have exchanged freely information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and…