SIDE LETTER AGREEMENT

between County of San Mateo and

American Federation of State County and Municipal Employees (AFSCME), Local 829, AFL-CIO

January 9, 2019

This Side Letter Agreement is entered into by and between the County ofSan Mateo (“County”) and AFSCME Local 829 (“AFSCME”). This letter is effective immediately upon approval ofa 2018 successor MOU by the San Mateo County Board ofSupervisors and shall expire upon completion ofthe process described herein. By this side letter, the parties agree as follows:

  1. Within 90 days oft.he County ofSan Mateo Board ofSupervisors’ approval ofa successor MOU, County Parks Department management representatives including the Parks Department Director, Assistant Director, and Superintendent, will meet with Park Ranger IVs. During the meeting, Park Ranger IVs may present their suggestions for how year-round alternate work week scheduling for AFSCME-represented classifications employed by the County Parks Department may work on a District by District basis.
  2. Parks Department management representatives will evaluate the impact(s) ofthe year-round alternate work week scheduling on the Department’s operations. Within 30 days ofthe parties’ meeting described in number 1, Parks Department management representatives shall decide, on a District by District basis, whether to implement year­ round alternate work week schedules.

In the event the Parks Department management decides to implement year-round alternate work scheduling in one or more Districts, and later determines that the year-round alternate work schedule no longer satisfies County business needs due to loss ofproductivity, inadequate staffing, attendance issues, additional overtime costs, or other business reason(s), the Parks Department management reserves the right to revoke approval ofyear-round alternate work schedules on a District by District basis.

  • Any alternate work week schedule implemented by the Parks Department will be subject to Article 6.2 ofthe MOU governing Alternate Work Week Options. All management decisions regarding approval or denial of alternate work schedules shall be final. Such decisions shall not be subject to the MOU grievance procedure or meet and confer.
  • Determination to authorize year-round alternative work week schedules shall be at the sole discretion ofParks Department management.

San Mateo County:                                                       AFSCME Local 829:

——— ———                                               !                                   

(Signature/ Printed Name) Dated: ——

(Signature/ Printed Name) Dated:     

August 30, 2010

Ms. Nadia Bledsoe

Ms. Sharon McAleavey

American Federation ofState, County, and Municipal Employees Local 829

This letter shall confirm certain understandings reached in negotiations for a Memorandum ofUnderstanding covering the period ofAugust 8, 2010 through October 13, 2012.

  1. Letters ofReprimand. The County agrees to investigate and, ifproper, to correct any factual inaccuracies which may exist within employee Letters ofReprimand. This investigation may be done by a manager, a management analyst, or a representative ofthe Employee Relations Division. The employee may request at which level she/he wishes the matter to be investigated, however, the final decision as to who will investigate the issue will be made by the Director, Human Resources Department.
  2. Leave ofAbsence Status. Recognizing that the Union needs information as to the leave status ofits members for various purposes, the County agrees to provide a list ofmembers who are on leave on a periodic basis and at the request ofthe Union. It is understood that the main purpose ofsuch lists is for election purposes and that the requests should not be more often than twice a year.
  3. Release Time Notification. The County will make every reasonable effort to notify and confirm to employees when they have been released from work to attend to Union business.
  4. Americans With Disability Act (ADA). Upon the request ofthe employee a Union representative will be included in meetings dealing with issue ofADA reasonable accommodation.
  5. Job Search. It is the intent ofthe County to allow a reasonable amount ofCounty time for job search for employees whose positions have been identified as at risk ofelimination.
  6. Voluntary Time Off. In the event ofa proposed layoff, the County will meet with the union representatives to discuss the feasibility ofincreased use ofVTO as a means ofreducing layoffs.
  7. Performance Evaluations. The County agrees that the timely preparation ofperformance evaluations, (particularly timely evaluations ofprobationary employees), as stated in the County manager’s letter to AFSCME ofSeptember 13, 1990, is one ofthe most important responsibilities ofmanagers and supervisors, and will continue to stress this responsibility. In addition, concerns over employees having not received said evaluations, be they either probationary or permanent employees, should be brought to the attention ofthe Director, Human Resources Department, through the Employee Relations Division. The Department or Agency involved will be notified ofthe need to prepare the evaluation where it is found to be due.
  8. The County agrees to remind and support departments’ sending copies offinal decision letters in the disciplinary process to the Union, where the Union has represented the employee in the Skelly process.
  9. The County does not intend to charge employees for parking. Ifcircumstancesoccur which result in the County being required to charge employees for parking, the parties agree to meet and confer.
  10. Workers who are required by the Department to obtain a Class A or Class B license will be reimbursed for the cost ofthe license fee. Additionally, the employee will be afforded reasonable time to obtain the required physical exam and the required DMV test on County time.
  11. Direct Deposit shall be mandatory for all employees hired after October 30, 1999.
  1. The County will communicate to its health and dental plan providers its desire to increase provider membership (doctors and dentists) to increase the choice available to County employees, retirees and dependents. While the County understands that providers are constantly working through their provider relations staffto accomplish this objective, the County will offer its support in identifying ways it can assist in this effort.
  2. The Health Services Department and Sheriffs Office agree to meet with the Union within 120 days of the ratification of the MOU to discuss the Union’s concerns regarding employees’ safety in the Maguire Correctional Facility. The following topics will be discussed: physical evaluation of work areas to reduce potential hazards, training for defusing violence, and procedures for when violence occurs.
  3. The parties agree to meet during the first year of the contract to discuss the parameters by which steward-to­ steward training may be provided on paid release time, and to discuss County concerns about release time usage.
  4. The County agrees to conduct a classification study of the Self-Sufficiency Program Specialist classification within the term of the agreement.
  5. Aging and Adult Services agrees to meet with the Union w_ithin 90 days of the ratification of the MOU to review the internal process for applying for and promoting the Deputy Public Guardian III classification.
  6. Should Environmental Health employees be required by the State or the County to obtain new or additional certificates, the Union shall be notified and given the opportunity to meet and discuss the changes with the Department.

If the foregoing is in accordance with your understanding, please indicate your acceptance and approval in the space provided below.

Dated: August 30, 2010 APPROVED AND ACCEPTED:

AFSCME Local 829    County of San Mateo By                                By      _                      By                                By                                

FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to “eligiblett employees for certain family and medical reasons.

Employees are eligible if they have worked for their employer for at least one year, and for 1,250 hours over

  • ‘       –                     .                                –   . ._                          .  –  :    .      …       –    –

–                              �                . .   Reasons for -Taking Leave:

..                                                                         .

·    ·  

Unpaid leave must be granted for any of the following reasons:

  • to care for the employee’s’ child after birth, or placement for adoption or foster care;
  • to care for the employee’s spouse, son or daughter, or parent who has a serious health condition; or
  • for a serious health condition that makes the employee unable to perform the employee’sjob.

At the employee’s or employer’s option, certain kinds of

paid leave may be substitutedfor unpaid leave.

the previous 12 months, and if there are at least 50 employees within 75 miles. The FMLA pennits employees to take leave on                        intermittent basis or to work a reduced schedule under certain circumstances.

an  

Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment tenns.

  • The use ofFMLA leave cannot result in the loss of any employment benefit that accrued prior to the start ofan employee’s leave.

Unlawful Acts by Employers:

FMLA makes it unlawful for any employer to:

  • interfere with, restrain, or deny the exercise ofany

right provided under FMLA:

  • discharge or discriminate against any person for
:Certif     ation                 .  
ic  

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The employee may be recptlred to provide advance leave notice and medical certification. Talcing of leave may be denied ifrequirements are not met.

  • The employee ordinarily must provide 30 days advance notice when the leave is foreseeable.0
  • An employer may require medical certification to support a request for leave because ofa serious health condition, and may require second or third opinions (at the employer’s expense) and a fitness for duty report to return to work.

opposing any practice made unlawful byFMLA or for involvement in any proceeding under or relating toFMLA.

  • The U.S. Department of Labor is authorized to

investigate and resolve complaints of violations.

  • An eligible employee may bring a civil action against an employer for v10lations.

FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical )eave rights.

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i Job Benefits and Protection:           For Additional Information:

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  • For the duration ofFMLA leave, the employer must maintain the employee’s health coverage under any “group health plan.”

,#.     U.S. Department of .Labor

,Employment Standards Administration

Wage and Hour Division Washington, D.C. 20210

Ifyou have access to the Internet.visit ourFMLA

w ebsite: http://www.dol.gov/esa/whd/fmla. To locate your nearest Wage-Hour Office, telephone our Wage-Hour toll-free information and help line at l -866- 4USWAGE (1-866-487-9243): a customer service representative is available to assist you with referral infonnation from 8am to 5pm in your time zone; or log onto our Home Page at http://www.wagehour.dol.gov.

WH Publication 1420

Revised August 2001

•us. GOVERNMENT PRINTING OFFICE 2001-476-344/49051

November 16, 2006

Linda Gregory AFSCME, Local 829

144  Brentwood Drive

South San Francisco, CA 94080 Dear Ms. Gregory:

Occupational health and safety are the mutual concern of the employer, the union and employees. To that end, the County shall comply with applicable Federal, State and local safety laws, rules and regulations and ensure that employees will do the same.

Any workplace safety or health problem which is identified should be initially directed to the supervisor, departmental safety committee or safety representative, or the County’s Central Safety Committee as appropriate for review and/or investigation. If the matter is not resolved at the initial level, the union or employee may appeal in writing to Risk Management.

The Safety Officer will investigate the safety and/or health problem, and will respond in writing as soon as possible, but no later than 30 calendar days from the date the problem was brought to his/her attention. The response will include a timeframe for abatement of the problem. If the matter is not satisfactorily resolved with this response, the matter may be submitted to the County Manager for review.

Sincerely,

Janine Keller Risk Manager

November 16, 2006

Linda Gregory AFSCME, Local 829

Dear Ms. Gregory:

The following memorandum was distributed on November 5, 1990, and remains the policy on the confidentiality of sick leave information:

DATE: August 5, 1990

TO:     All Department Heads, Division Heads, and Payroll Clerks

FROM: SUBJECT:

Mary Welch, Human Resources Director Confidentiality of Sick Leave Information

During the recently completed negotiations with AFSCME and SEITJ, it was brought to our attention that, in some cases, employee sick leave statements are not being treated with appropriate confidentiality. In order to ensure confidentiality, the following is suggested:

  1. The number of people reviewing these statements should be kept to a “need to know” level;
  2. Sick leave statements should never be left in plain view on a desk or other work area; and
  3. Until sick leave statements are permanently placed in an employee’s personnel file, they should be maintained in an envelope and removed only when necessary.

Sincerely,

Donna Vaillancourt Human Resources Director

November 16, 2006

Linda Gregory AFSCME Local 829

Dear Ms. Gregory:

It is the County’s policy and goal that all workers shall be treated with respect and dignity. To that end, managers, supervisors, and line workers will each have an obligation of mutual respect.

This shall not prevent a manager or supervisor from providing training or correction to workers and shall not prevent a line worker from responding on their own behalf or offering their personal opinion on the subject under discussion. However, each is expected to do so in a civil manner and without name-calling or demeaning tone.

Correction of work performance, when given by a supervisor, shall normally be done in private. Sincerely,

Donna Vaillancourt Human Resources Director

November 16, 2006

Linda Gregory AFSCME Local 829

Dear Ms. Gregory:

It has been the County’s policy to investigate allegations of harassment made by workers ofthis County against their supervisors. Admittedly, harassment is a very subjective matter, but the County has and will continue to investigate said allegations and attempt to resolve the problem in an expeditious manner. The County will also investigate and attempt to resolve in an expeditious manner problems which are brought to our attention concerning the narrative section ofperformance evaluation.

Sincerely,

Donna Vaillancourt Human Resources Director

November 16, 2006

Linda Gregory AFSCME, Local 829

Dear Ms. Gregory:

Re: Appeal Process – Incompatible Activities

A County employee who is denied participation in any outside employment, activity, or enterprise for compensation because such outside employment, activity, or enterprise was deemed inconsistent, incompatible, in conflict with, or inimical to his/her employment with the County may appeal such a decision in the following manner. An employee may be represented throughout the appeal process by his/her employee organization.

Step 1 – Department Head. The employee shall contact his/her department head to schedule a meeting with the department head or his/her designee in an effort to resolve the issue at this level. If the issue is not resolved within the. department, the employee may proceed to Step 2.

. Step 2 – Human Resources Director. The employee shall make a written request to the Human Resources Director for an informal hearing. The letter should delineate the specifics of the dispute and the remedy sought. Such notification must be received within 28 calendar days from the date the employee’s department head first notified them of the denial of outside employment. The Human Resources Director shall meet with the employee and whomever else is deemed appropriate to determine the merits of the dispute. Once the Human Resources Director reaches a decision, the employee and the department head will be notified in writing. The decision of the Human Resources Director shall be final except as specified below.

Outside Employment Limited to 20 Hours per Week (full-time employees only). In instances where outside employment is denied solely because such employment exceeds 20 hours per week, the employee may, after appealing to the Human Resources Director as described in Step 2 above, seek an exemption from the Board of Supervisors and the employee’s department head as specified in Section 2940 of the County Ordinance Code.

Sincerely,

Donna Vaillancourt Human Resources Director

November 16, 2006

Linda Gregory AFSCME, Local 829

Dear Ms. Gregory:

The following letter was sent to all management staff by April 30, 1990, as agreed in negotiations.

TO:      All Management Employees

FROM:            John L. Maltbie

SUBJECT:      Employee Performance Evaluation

Evaluating employee performance is one ofthe most important responsibilities of a manager or supervisor. Evaluations provide a framework for setting and accomplishing organizational and individual goals and objectives. An effective evaluation process lets employees know what is expected of them, how they are performing, and how they can improve and/or take advantage of growth and career opportunities. This is particularly true when the employee is on probation, forming the basis for their future work habits and relationships. The following guidelines should be followed in the performance evaluation process:

  • 1.   Timelines: Employee Performance Reports are to be completed annually on all permanent employees regardless of the length of service. For 6 monthprobationary employees, reports are to be completed prior to the end ofthe third and sixth months and for 12 month probationary periods, prior to the end of the third, sixth, and twelfth months.

It is particularly important that reports be done in a timely manner. Probationary employees must have a report completed at the end of their third month of service so that they have every opportunity to successfully complete their probationary period.

2.

Feedback: Feedback on employee performance is a continual process throughout the year and needs to be given as recognition for achievements or when the employee is having difficulty meeting performance standards or objectives. the report form itself documents the ongoing feedback that the supervisor has discussed with the employee throughout the year, in addition to setting specific objectives the employee is expected to accomplish during the next review period. Although employees may disagree with some of the supervisor’s statements, there should be no surprises during the performance appraisals conference.

  • Employee Response: Employees should be given 10 working days from the date the written report is discussed with the employee to comment and/or respond to the evaluation content and process.
  • Working Draft: Since the performance appraisal conference is a cooperative effort between supervisor and employee, the report form should initially be done as a draft. This provides an opportunity for the employee to assess his/her performance and draft performance objectives to be discussed at the conference.
  • Improvement Needed/Unsatisfactory Evaluation: If the overall work performance either needs improvement (below the standard level required for the position) or is unsatisfactory (inadequate and definitely inferior to the standards of performance required for the position), Employee Performance Reports must be completed monthly with clearly defined 30-day performance objectives.

Sincerely,

Donna Vaillancourt Human Resources Director

November 2, 2006

Linda Gregory, Associate Director AFSCME, Local 829

Dear Ms Gregory:

“Rule of Seven” Explanation

The process of certifying names from eligible lists is governed by Section 4 of Civil Service Commission Rule IX.

  • If a list other than a reemployment eligible list is to be used, the top seven available candidates on the eligible list are certified to the appointing authority.
  • If any other candidates have the same score as the number seven candidate, they are also certified to the vacancy.
  • If more than one vacancy is being filled, the base number of candidates to be certified is increased by one for each additional vacancy. For example, if there are not ties at number seven on the list and there are two vacancies, eight names are certified. If two individuals are tied at number seven and there are two vacancies, eight names are certified.
  • Names are removed from the eligible list in accordance with the provisions of Section 4 of Rule VIII. When a name is removed from the list under this Section, the next highest scoring candidate is added to the list.
  • If the list contains six or less names, the Appointing authority may select from that list, schedule another

. examination or use an alternate eligible list. Sincerely,

Donna Vaillancourt Human Resources Director