1.The County will designate a separate group of Extra Help employees in the AFSCME/ SEIU Extra Help bargaining unit, entitled Limited Term Employees, consisting solely of limited term employees.
2.The County will use Limited Term Employees only in the following circumstances, at the County’s discretion, for assignments not to exceed three (3) years). (Note: the terms “temporary” and “short term” below shall be defined as not to exceed three (3) years) for the purpose of Limited Term Employees.)
- Temporary absence of incumbent (such absences include those resulting from Family Medical Leave, pregnancy disability, or industrial injury);
- Short-term variations in workload, substantiated by a written summary of how the term position will address such variations, and methods for evaluating the outcome(s);
- Short-term special projects or assignments, substantiated by a written summary of the project or assignment, including start and end date and all related timelines, expected deliverable(s) or outcome(s), and a method for evaluating outcomes;
- Formal pilot programs, substantiated by a written summary of the pilot program, including start and end date and all related timelines, expected deliverable(s) or outcome(s), and a method for evaluating outcomes;
- Temporary staffing to backfill for a regular employee’s assignment to a special project or working out of class;
- Temporary filling of vacant positions due to business reason (for example, backfilling for coverage during recruitment, delay in filling a regular position due to ongoing reclassification study, or risk of position elimination) substantiated by a written description of the delay or risk and related timelines;
- Intermittent work, substantiated by a written description of what makes the work irregular, along with a method for evaluating when the intermittent work will begin and end;
- Temporary staffing prior to implementation of organizational changes, substantiated by a written summary of the expected outcomes;
- Temporary staffing prior to implementation of technological changes (e.g. computer programmers), substantiated by a written summary of the expected outcomes; and
- Work that has been traditionally outsourced, substantiated by production of prior contracts, upon request from the Union(s).
Use of limited term employees in circumstances other than those listed in this section (a-k) except by mutual agreement, shall be subject to the grievance procedure.
3.To the extent Limited Term Employees are hired to facilitate work on planned projects, Departments are encouraged to, and the County may exercise its discretion to, assign such project work to Regular Employees while the Limited Term Employees backfill Regular Employee job duties.
4.The parties agree that the following classifications are examples of appropriate usage of Limited Term positions, subject to the criteria listed in number 2 (a-j) of this section:
- Human Services Agency: Overpayment Unit – Benefit Analyst I/II/III
- Department of Public Works: Construction Services Unit – Capital Project Managers
- Project Development Unit: Capital Project Managers
- Information Services Department/Controllers/HR: Workday (HRIS) Project – Asst/Advisory/Systems/Senior Systems Engineers, Department System Analyst
5.The following terms and conditions of employment will apply solely to Extra-Help Limited Term employees:
- Positions will be a Limited term as defined by the County, not to exceed three (3) years. The limited term is not a guarantee of employment for any specified period of time, but instead sets a maximum period of employment in the position.
- Upon termination or release from employment prior to the end of the limited term assignment, qualifying Limited Term Employees have the right to the Reconsideration Process described in Section 21 of the MOU.
- Compensation will consist of the following:
- Hourly wage, at the same rate of pay as Regular Employees who are in the same classification
- Paid Time Off – holiday, vacation and sick leave at the same rate as Regular Employees with the same tenure
- Health Benefits – the same as Regular Employees
- 401(a) plan.
- Employer contribution of two percent (2%) in the first year of term employment, three percent (3%) in second year of term employment, and four percent (4%) in the third year of term employment
- Additional employer matching contribution based on the level of employee contribution, up to an additional three percent (3%).
- Employer contributions fully vest at the end of the third year of employment. (One-third (1/3) of the County’s entire contribution (automatic contribution and matching contribution combined) will vest at the end of each year of service.) Employer contributions that have not vested upon employee separation shall be forfeited.
- Limited Term employees will not be eligible for retiree health benefits or SAMCERA defined benefit pension.
6.On a monthly basis, the County shall provide the Unions with an electronic copy of a list of approved requisitions for Limited Term positions, along with the circumstances supporting use of a Limited Term position, and a list of any approved extensions, in accordance with subsection 2 of this Section 30 regarding Limited Term Employees.
7.The parties shall meet on a semi-annual basis to discuss issues related to the Limited Term Employee Program. Every other meeting will be concurrent with the annual meeting referenced in Section 16 of this MOU.
8.Active recruitment for a Limited Term position shall begin no later than six (6) months following the original approval of the position, or following an incumbent’s vacancy of the term position. If active recruitment does not begin in the aforementioned time limit, the County shall close the position.