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D.15
To: Board of Supervisors
From: David Twa, County Administrator
Date: June  18, 2019
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: Memoranda of Understanding with Deputy Sheriffs Association Management and Rank & File Units
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On:   06/18/2019
APPROVED AS RECOMMENDED OTHER
Clerks Notes:

VOTE OF SUPERVISORS

AYE:
John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: Lisa Driscoll, County Finance Director (925) 335-1023
cc: Robert Campbell, Auditor-Controller     Dianne Dinsmore, Human Resources Director     David Livingston, Sheriff-Coroner    
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED:     June  18, 2019
David Twa,
 
BY: , Deputy

 

RECOMMENDATION(S):

ADOPT Resolution No. 2019/195 approving the Memoranda of Understanding between Contra Costa County and Deputy Sheriffs Association (DSA) Management Unit and the Memorandum of Understanding between Contra Costa County and DSA Rank and File Unit, implementing negotiated wage agreements and other economic terms and conditions of employment, for the period of July 1, 2019 through June 30, 2023.  

FISCAL IMPACT:

The terms and conditions set forth in this action have non compounded estimated FY 2019/20 cost of $6.57 million, including $1.68 million in benefit costs; FY 2020/21 cost of $13.14 million, including $3.37 million in benefit costs; FY 2021/22 cost of $19.71 million, including $5.05 million in benefit costs; and FY 2022/23 cost of $26.28 million, including $6.74 million in benefit costs.  

BACKGROUND:
BACKGROUND: (CONT'D)
The Deputy Sheriffs Association Management Unit (DSA-MGMT) and Rank & File Unit (DSA-R&F) reached a Tentative Agreement with the County on May 22, 2019 and ratified the agreement on June 5, 2019. The resulting Memoranda of Understanding, which are attached, include modifications to wages and benefits.   
In summary, those changes are:
  • Term - Section 38.4 (DSA-MGMT) and Section 50.4 (DSA-R&F)
    • The terms of both agreements are from July 1, 2019 through June 30, 2023.
  • General Wages - Section 5.1 (DSA-MGMT and DSA-R&F)
    • Effective July 1, 2019, the base rate of pay for all classifications represented by DSA-MGMT and DSA-R&F will be increased as follows:
      • Effective July 1, 2019, the base rate of pay will be increased by five percent (5%).
      • Effective July 1, 2020, the base rate of pay will be increased by five percent (5%).
      • Effective July 1, 2021, the base rate of pay will be increased by five percent (5%).
      • Effective July 1, 2022, the base rate of pay will be increased by five percent (5%).
  • Association Recognition - Section 1 (DSA-MGMT)
    • Include recognition of Sheriff’s Communication Center Director (64NC) and Sheriff’s Crime Analyst (64VA) in the DSA Management Unit.
  • Association Release Time Bank - Section 4.4 (DSA-R&F)
    • Provide release time bank for DSA representatives.
  • Increments Within Range - Section 5.4 (DSA-MGMT) and Section 5.5 (DSA-R&F)
    • Provide written reasons for merit step denial.
  • Leave of Absence - Section 11 (DSA-MGMT) and Section 15 (DSA-R&F)
    • Amend multiple subsections to include references to FMLA and CFRA.
    • Clarify language regarding circumstances where leave without pay may be taken.
    • Amend the process for certification of FMLA/CFRA leaves and remove redundant language.
    • Update Military leave language to align with Federal Uniformed Services Employment & Reemployment Rights Act (USERRA), limiting period to a maximum of five (5) years, plus ninety (90) days.
    • Amend length of time an employee may remain on FMLA/CFRA before reinstatement to the same or comparable position.
  • Holidays - Section 12 (DSA-R&F)
    • Amend language to clarify that employees who may take a day off due to a holiday falling on a scheduled day off are only entitled to eight (8) hours for the holiday.
  • Sick Leave - Section 14 (DSA-MGMT and DSA-R&F)
    • Amend Section 10.2.d to clarify usage of sick leave when used in conjunction with Pregnancy Disability Leave.
    • Include language regarding employee eligibility to utilize leave for child bonding under the FMLA and CFRA.
    • Clean up language related to worker’s compensation reimbursement rates for non-sworn employees (DSA-R&F).
  • Professional Development - Section 15.4.H (DSA-MGMT)
    • Update language and list the correct dollar amount of $400.
  • Non-Sworn Training Officer Program - Section 27.1 (DSA-R&F)
    • Amend language to clarify that the five percent (5%) differential for Non-Sworn Training Officers shall be based on base salary actually paid to the employee in a given month. Where an employee is absent without pay for an entire or partial month, the differential shall be reduced accordingly.
  • Clean-up of various sections and incorporate existing side letters into MOUs.

CONSEQUENCE OF NEGATIVE ACTION:

The current Memoranda of Understanding (MOU) with the Deputy Sheriffs Association could expire without a successor MOU in place.

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