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ARTICLE PAGE 96 ACCESS – FRESNO COUNTY PLAZA LOBBY ......................................................44 4 AGENCY SHOP.........................................................................................................1 86 ALTERNATIVE WORK SCHEDULES......................................................................42 18 ANNUAL LEAVE ........................................................................................................7 51 ASSIGNMENTS - CORRECTIONAL OFFICERS.....................................................22 79 BENCHMARK CLASSIFICATION SALARY SURVEY .............................................40 76 BEREAVEMENT LEAVE..........................................................................................39 47 BILINGUAL SKILL PAY............................................................................................20 10 BULLETIN BOARDS..................................................................................................5 43 CALL-BACK .............................................................................................................17 81 CHILD CARE FACILITY...........................................................................................41 75 CHILD SUPPORT OFFICERS CONFERENCE .......................................................39 70 CLASS “B” DRIVER’S LICENSE..............................................................................30 32 CLASS SPECIFICATIONS.......................................................................................14 89 CLASSIFICATION STUDY – CHILD SUPPORT ASSISTANT.................................42 88 CLASSIFICATION STUDY – PROGRAM TECHNICIAN .........................................42 39 COMPENSATORY TIME OFF .................................................................................15 35 COMPUTER PROGRAMMING MODIFICATIONS ..................................................15 33 CONTINUING EDUCATION ....................................................................................14 37 CONTINUITY OF OPERATIONS.............................................................................15 29 COURT APPEARANCES.........................................................................................12 44 COURT TIME...........................................................................................................17 22 DAMAGE TO PERSONAL PROPERTY OF EMPLOYEE ........................................10 52 DETENTION CUSTODY BUREAU – WORK REDESIGN .......................................23 17 DIRECT DEPOSIT OF PAYROLL CHECKS..............................................................6 73 DISABILITY INSURANCE........................................................................................38 13 DISCIPLINARY ACTION............................................................................................5 55 DRESSING TIME - CORRECTIONAL OFFICERS ..................................................24 45 EDUCATIONAL INCENTIVE - CORRECTIONAL OFFICER ...................................18 59 EIGHTH CONSECUTIVE DAY OVERTIME.............................................................25 83 EMPLOYEE ASSISTANCE PROGRAM ..................................................................42 14 EMPLOYEE BENEFITS .............................................................................................6 72 EMPLOYEE GRIEVANCE RESOLUTION PROCEDURE .......................................33 92 EMPLOYEE PERFORMANCE EVALUATIONS.......................................................43 63 FAIR LABOR STANDARDS ACT.............................................................................27 67 FLEXIBLE SPENDING ACCOUNT ..........................................................................27 34 FLEXIBLE WORK WEEK SCHEDULES ..................................................................14 26 FREE PARKING.......................................................................................................12 98 FULL UNDERSTANDING ........................................................................................46 68 HEPATITIS VACCINATION .....................................................................................28 20 HOLIDAYS .................................................................................................................8 53 IN-SERVICE TRAINING - CORRECTIONAL OFFICERS ........................................24 1 INTRODUCTION/PURPOSE .....................................................................................1

ARTICLE PAGE 97 JAIL STAFFING AND WORK SCHEDULE ISSUES ................................................45 82 JCO BOOT ALLOWANCE .......................................................................................41 21 JOB SECURITY .........................................................................................................9 58 JUVENILE CORRECTIONAL OFFICER SHIFT ASSIGNMENTS............................25 19 LEAVE OF ABSENCE................................................................................................8 15 LIFE INSURANCE......................................................................................................6 69 MANAGEMENT RIGHTS.........................................................................................29 84 MEET AND CONFER REQUIREMENTS.................................................................42 11 MEETING SPACE......................................................................................................5 48 MENTAL HEALTH SERVICES.................................................................................21 36 MEMORANDUM OF UNDERSTANDING - PRINTING AND DISTRIBUTING ........15 91 MONTHLY UNION/MANAGEMENT MEETINGS.....................................................43 101 MOU REOPENERS .................................................................................................47 31 NEW EMPLOYEE ORIENTATION...........................................................................14 3 NON-DISCRIMINATORY POLICY.............................................................................1 40 NOTICE OF PROMOTIONAL OPPORTUNITIES ....................................................16 41 ON-THE-JOB INJURIES/HEALTH PLAN PREMIUMS ............................................16 50 ON-THE-JOB INJURIES - LIGHT DUTY..................................................................22 65 OVERTIME - GENERAL SERVICES SECURITY OFFICERS .................................27 74 OVERTIME/PRODUCTIVE TIME.............................................................................38 60 PARKING .................................................................................................................26 16 PART-TIME EMPLOYEE BENEFITS.........................................................................6 94 PHYSICIAN’S STATEMENTS..................................................................................43 49 PRIVATE MILEAGE REIMBURSEMENT-TRAVEL TO REMOTE WORK-BASE.....22 25 PRIVATE VEHICLE USAGE ....................................................................................11 95 PUBLIC SERVICE RETIREMENT CREDIT .............................................................44 57 RAIN GEAR .............................................................................................................24 24 REASSIGNMENT.....................................................................................................11 2 RECOGNITION..........................................................................................................1 7 REPRESENTATION AND SHOP STEWARDS..........................................................3 28 REPRESENTATION IN COURT ..............................................................................12 5 REPRESENTATION RIGHTS....................................................................................3 6 REPRESENTATIVE ACCESS ...................................................................................3 64 REST PERIODS - CORRECTIONAL OFFICERS....................................................27 12 SAFETY AND HEALTH..............................................................................................5 78 SAFETY RETIREMENT - JUVENILE CORRECTIONAL OFFICERS CLASSIFICATION SERIES......................................................................................40 9 SALARIES..................................................................................................................5 62 SAVINGS CLAUSE..................................................................................................26 80 SETTLEMENT AGREEMENT..................................................................................41 66 SHIFT ASSIGNMENTS - GENERAL SERVICES SECURITY OFFICERS ..............27 30 SHIFT PREMIUM.....................................................................................................13 103 SIXTH STEP ADDED...............................................................................................48 56 SPECIAL PROVISIONS - SECURITY OFFICER I/II ................................................24 23 SPECIAL SALARY UPGRADING ............................................................................11 42 STAND-BY ...............................................................................................................16

ARTICLE PAGE 61 STEWARD NOTIFICATION .....................................................................................26 77 SWAP.......................................................................................................................39 102 TERM AND SALARY ADJUSTMENT ......................................................................48 46 TRAINING OFFICER DIFFERENTIAL .....................................................................19 100 TWO-TIER RETIREMENT MANDATORY ...............................................................47 99 TWO-TIER RETIREMENT VOLUNTARY ................................................................46 54 UNIFORM ALLOWANCE - CORRECTIONAL OFFICERS ......................................24 87 UNION LABEL .........................................................................................................42 8 UNION STEWARDS ..................................................................................................5 93 USE OF COUNTY MAIL SYSTEM...........................................................................43 27 VALIDATED PARKING ............................................................................................12 85 VOLUNTARY FURLOUGH LEAVE PROGRAM ......................................................42 38 VOLUNTARY “JOB SHARING” PROGRAMS..........................................................15 90 WEINGARTEN RIGHTS ..........................................................................................43 71 WORK-RELATED INJURY/4850 TIME....................................................................31 ADDENDA/ATTACHMENTS ADDENDUM NO. 1 – SALARIES ADDENDUM – HEALTH PROGRAM REVIEW ADDENDUM – EMPLOYEE GRIEVANCE RESOLUTION FORM ADDENDUM – JUVENILE CORRECTIONAL OFFICER CLASSIFICATION SERIES ADDENDUM – EXTENSION OF PAID MILITARY LEAVE ADDENDUM – THE MEYERS-MILIAS-BROWN ACT ADDENDUM – FRESNO COUNTY PLAZA LOBBY MAP ADDENDUM – DISCIPLINARY ARBITRATION ADDENDUM – JAIL WORK REDESIGN PROGRAM ADDENDUM – TEMPORARY LIGHT DUTY ASSIGNMENTS – CORRECTIONAL OFFICERS ADDENDUM – HEALTH BENEFIT AGREEMENT – 2006 ADDENDUM – DCSS ATTENDANCE AND PUNCTUALITY POLICY ADDENDUM – JUVENILE JUSTICE CAMPUS

ARTICLE 1 – INTRODUCTION/PURPOSE

We, the Undersigned, duly appointed representative of the County of Fresno, hereinafter referred to as “County” and the Service Employees International Union, Local 535, hereinafter referred to as “Union”, having met and conferred in good faith, do hereby jointly prepare and execute the following written Memorandum of Understanding (MOU) for Representation Unit 2 (Unit). It is the purpose of the MOU to promote and provide for harmonious relations, cooperation, and understanding between management and the employees covered herein and to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this MOU.

ARTICLE 2 – RECOGNITION Pursuant to the provisions of the Fresno County Employee Relations Ordinance, the certification of the Fresno County Civil Service Commission, and appropriate state law, the County hereby recognizes the Union as the exclusive representative of all employees whose classifications have been certified for inclusion by the Fresno County Civil Service Commission in the Unit covered by this MOU, as well as such classifications as may be added to such Unit hereafter by the Civil Service Commission or the Board of Supervisors.

ARTICLE 3 – NON-DISCRIMINATORY POLICY It is agreed that neither the Union nor the County shall unlawfully discriminate against any employee because of age, marital status, national origin, race, religion, sex, or lawful Union membership or activity or because of the lack of Union membership or activity. It is the intention of the County to encourage participation in Affirmative Action programs. Therefore, the County agrees to provide the Union with appropriate advance notice and agendas of Affirmative Action Commission meetings.

ARTICLE 4 – AGENCY SHOP

Agency Shop Employees covered by this Memorandum of Understanding (MOU) shall, as a condition of continuing employment, become and remain members of Service Employees International Union - Local 535 (SEIU - Local 535) or shall pay to the Union a service fee in lieu of membership dues. Such dues or service fees are as set in accordance with the bylaws of the Union. Implementation of Agency Shop for Employees as of May 30, 2002 The County has provided employees of the County as of May 31, 2002, who occupied a position subject to this MOU, a Notice of Agency Shop Provision Form advising the employee that an election has resulted in an agency shop arrangement requiring that all employees in positions subject to this MOU must either join the Union or pay a service fee in lieu of membership dues to the Union unless the employee claims a religious exemption as described in paragraph 4 below. It is agreed that such employees shall have until July 5, 2002 to fully execute the Notice of Agency Shop Provision Form and return it to the County. In the event any such employee fails to properly complete and return the Notice of Agency Shop Provision

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Form, the County shall deduct the service fee established by the Union for the pay period of July 8, 2002 (current dues paying members will remain as dues paying members). Implementation of Agency Shop for Employees Hired into Unit 2 after May 30, 2002 Any employee hired by the County in a position subject to this MOU shall be provided, by the County, with a Notice of Agency Shop Provision Form during their first pay period of employment (e.g. New Employee Orientation) advising the employee of the agency shop agreement with the Union and of the requirement that all employees subject to the MOU must either join the Union or pay a service fee in lieu of membership dues to the Union unless the employee claims a religious exemption as described in paragraph 4 below. The County shall automatically deduct the service fee established by the Union the first pay period following the date of hire, unless the employee has provided a dues deduction form electing membership in the Union, or the employee has provided verification of the religious exemption, as described in paragraph 4 below. If the employee has not properly completed the authorization form of his/her choice and returned said form to the County within 30 days of the date of hire, the County shall continue to automatically deduct the service fee and thereafter until such time as the Notice of Agency Shop Provision Form is properly completed and returned to the County. Religious Exemption Any employee of the County subject to this MOU who wishes to request religious exemption, consistent with State and Federal law, must file such request with the Union. The employee will have a deduction from their pay of an amount, equal to the monthly fair share service fee, to be paid to a non-religious, non-labor charitable fund selected as described in the paragraph below. The Religious Exemption Form is available from the Union only. For purposes of this section, charitable deduction means a contribution to any non-religious, non-labor charitable organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of the employee’s choice. Financial Reports SEIU - Local 535 shall submit copies of the financial report required pursuant to the Labor-Management Disclosure Act of 1959 to the Department of Personnel Services, Labor Relations Division once annually. Copies of such reports shall be available to employees subject to the agency shop requirement of this MOU at the Union Office. Payroll Deductions and Dues/Fees Remittance The County shall deduct from the pay of each employee in a position subject to this MOU Union dues or an amount equal to the service fee established by the Union or religious exemption fee, and shall mail all said deductions to the Union no later than the end of the month after which said amounts were deducted.

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Indemnification SEIU - Local 535 shall indemnify, defend and hold the County, its officers, agents and employees harmless from and against any and all claims, demands, losses, defense costs, or liability of any kind or nature which may be imposed upon them relating to the County’s compliance with the agency fee obligation including claims relating to the Union’s use of the monies collected under these provisions. Waiver of Election for Newly Represented Employees and New Representation Units The addition of classifications and/or employees to the bargaining unit in this MOU shall not require an election herein for the application of this agency shop provision to such classification and/or employees.

ARTICLE 5 – REPRESENTATION RIGHTS

When the Union wishes to be represented by a County employee, rather than a non-employee representative, at meetings within the scope of representation which affect the representation Union, that employee: will have release time with prior department head approval for presentations to County Boards, Committees, and Commissions; will have release time as approved for meeting with management at the departmental and County-wide level; will submit a written request to the department head at least twenty-four (24) hours prior to the scheduled meeting unless waived by mutual agreement. Reasonable time off will be approved if it does not interfere with the performance of County services as determined by the department head.

ARTICLE 6 – REPRESENTATIVE ACCESS Consistent with the County Employee Relations Ordinance, authorized Union Field Representatives will be granted reasonable access to work locations, with the approval of the appropriate management representative, for the purpose of conducting grievance investigations and observing working conditions.

ARTICLE 7 – REPRESENTATION AND SHOP STEWARDS

Purpose The County recognizes the need and affirms the right of the Union to designate Shop Stewards from among employees in the Unit. It is agreed that the Union in appointing such Shop Stewards does so with the purpose of promoting an effective relationship between supervisors and employees by helping to settle problems at the lowest level of supervision. Role of Steward and Supervisor (Out-of-Unit) The Shop Steward recognizes the fact that the out-of-unit supervisor is representative in the department and, as such, is responsible to higher management for the quality of the work. As the out-of-unit supervisor is the representative for management, the Shop Steward is the representative for the Union. They must be willing to meet in good faith to settle grievances as they arise. The Shop Steward understands that the Stewardship function does not relieve them from conforming to all rules of conduct and standard of performance established by law, regulation, County or department policy, or MOU.

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Selection of Stewards The Union shall reserve the right to designate the method of selection of the Shop Stewards. The Union shall provide, in writing, a list of all Shop Stewards to the Labor Relations Manager and the appropriate department head(s) during the month of February. Further, the Union shall notify the Labor Relations Manager and the appropriate department head(s) each time there is a change of either Stewards or Officers. Duties and Responsibilities of Stewards The following functions are understood to constitute the duties and responsibilities of Shop Stewards: Upon request of the aggrieved employee, and when the grievance has been reduced to writing as specified in the grievance procedure, a Steward may investigate the grievance provided it is in the Steward’s area of responsibility, as assigned by the Union, and assist in its presentation. Stewards shall be allowed a reasonable time for this purpose during their work shift without loss of pay, subject to prior notification and approval by their out-of-unit supervisor. Grievances normally will be handled by one (1) Steward, but the Union may assign not more than two (2) Stewards to an individual grievance or four (4) representatives to a group grievance. After obtaining out-of-unit supervisory permission, Shop Stewards will be permitted to leave their normal work area during on-duty time in order to assist in presentation of a grievance. To obtain permission to investigate a grievance on on-duty time, the Steward shall advise the out-of-unit supervisor of the grievance and the investigation of the facts and the general nature of the grievance. The Shop Steward is permitted to discuss the problem with all employees immediately concerned, and if appropriate, to attempt to achieve settlement with the supervisory personnel involved. Agencies, wards, clients, detainees, and outside interested parties will not be contacted by Stewards as part of the grievance process. The employee may be represented by a Steward at such time as a grievance is reduced to writing. If, in the judgment of the out-of-unit supervisor, because of the necessity of maintaining adequate level of service, permission cannot be granted immediately to the Shop Steward in order to present or investigate a grievance during on-duty time, such permission shall be granted by the out-of-unit supervisor no later than the next working day from the date the Shop Steward was denied permission. Changes in Stewards or Number of Stewards If a Steward promotes, demotes, or otherwise leaves the work location, the Union shall have the right to appoint a replacement. Requests for change in the number and/or assignment of Stewards will be considered during the annual salary negotiation period, except that Stewards will be increased or decreased based upon the opening or closing of area or branch offices.

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Limitations on Time Off Stewards shall not be permitted time off from their work assignments for the purpose of conducting general Union business.

ARTICLE 8 – UNION STEWARDS The County agrees the number of Shop Stewards for the Sheriff’s and Probation Unit shall be a total of twelve (12) Stewards, one (1) of which will be the Chief Steward.

ARTICLE 9 – SALARIES Salaries for all classifications covered by this Unit shall be as specified on Addendum No. 1.

ARTICLE 10 – BULLETIN BOARDS County shall provide space for and permit the installation of the Union bulletin boards (or provide reasonable space on County bulletin boards) for official Union notices at each central work location. Such bulletin boards shall be maintained in accord with provisions of the County Employee Relations Ordinance. No such bulletin boards shall be located in areas frequented by the public doing business with the County as determined by the County.

ARTICLE 11 – MEETING SPACE The County, at the Union’s request, shall reasonably make available conference rooms and other meeting areas for the purpose of holding Union meetings during off-duty time periods. The Union shall provide timely advance notice (24 hours) of such meetings. The Union also agrees to pay any documented additional costs of security, supervision, damage and cleanup, and shall comply with County regulations for assignment and use of such facilities.

ARTICLE 12 – SAFETY AND HEALTH

It is the duty of management to make reasonable effort to provide and maintain a safe and healthy place of employment. The Union will cooperate by encouraging all employees to perform their work in a safe manner. It is the duty of all employees in the course of performing their regularly assigned duties to be alert to unsafe and/or unhealthy practices, equipment, and conditions and to report any such unsafe and/or unhealthy practices or conditions to their immediate supervisor.

ARTICLE 13 – DISCIPLINARY ACTION Employees facing disciplinary action as defined by the Fresno County Personnel Rules implementing either disciplinary suspension, administrative salary reduction, disciplinary demotion or dismissal may elect to be accompanied by a representative of their choosing at any administrative proceeding, conducted prior to the imposition of such discipline.

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Appeals to any disciplinary action so imposed will be governed by applicable provisions of said Personnel Rules. Disciplinary action other than those defined above shall not be governed by the provisions of this section.

ARTICLE 14 – EMPLOYEE BENEFITS The parties agree that employees covered by this MOU shall have made available to them the same holidays, vacation, sick leave, health insurance, life insurance, dental insurance, bereavement leave, unemployment insurance, disability insurance, mileage reimbursement, and miscellaneous member retirement as are generally provided to the majority of other bargaining units.

ARTICLE 15 – LIFE INSURANCE The County agrees to offer term life insurance at the option of individual employees. Such insurance is to be paid for by the employee opting to receive this insurance and shall be subject to provisions as established by the County and the insurance carrier.

ARTICLE 16 – PART-TIME EMPLOYEE BENEFITS Incumbents of part-time permanently allocated positions shall continue to receive all currently prorated benefits provided by the County. In addition, the County shall pay one-half (½) of the health insurance benefit contribution for each such part-time employee who regularly works fifty percent (50%) or more of the hours required of full-time employees. The County shall continue to pay the full health insurance contribution for employees who regularly work eighty percent (80%) or more of the hours required of full-time employees. Health insurance coverage shall be optional for part-time employees who regularly work fifty percent (50%) or more of the hours required of full-time employees. When such employee options for health insurance coverage, such employee shall be required to pay one-half (½) the current employee premium rate. Eligible part-time employees may also enroll dependents on the same basis as full-time employees. Part-time employees who regularly work less than fifty percent (50%) of the hours required of full-time employees shall not be eligible for health insurance coverage. Employees occupying permanently allocated positions who work eighty percent (80%) or more of a full-time position shall be credited with eight (8) hours of holiday pay; the above employees who work less than eighty percent (80%) of a full-time position shall be credited with four (4) hours of holiday pay.

ARTICLE 17 – DIRECT DEPOSIT OF PAYROLL CHECKS The County and the Union agree that all paychecks of employees shall be directly deposited by the Auditor-Controller/Treasurer-Tax Collector in a financial institution of the employee’s choice which does not charge the County any fee(s) for such service.

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Employees who wish to begin or to continue having their paychecks direct-deposited to a financial institution which charges Fresno County a fee for such service may do so only if they reimburse the County for the fee through a payroll deduction. This provision is only applicable if the financial institution will still accept the direct-deposit of County paychecks. Employees who do not either designate an alternate financial institution or indicate a desire to reimburse the County for the fee through payroll deduction by the last pay day where no service or other charge is levied by the financial institution will have that and all succeeding paychecks deposited in an account established for their use at the Fresno County Employees Credit Union unless and until another financial institution has been designated on the appropriate form by the employee and forwarded to the Auditor-Controller/Treasurer-Tax Collector for processing.

ARTICLE 18 – ANNUAL LEAVE All existing employees covered by this MOU currently in the Vacation and Sick Leave Plan (established December 14, 1998) shall have any existing balances converted to the Annual Leave II Plan. All existing employees covered by this MOU currently in the Vacation and Sick Leave Plan (established December 14, 1998) and the Annual Leave II Plan shall be subject to the provisions of Salary Resolution Section 600 Annual Leave II with the following exceptions: 1. Employees will be allowed to accrue Annual Leave II to a maximum of 550 hours. There

shall be no accrual of Annual Leave II beyond 550 hours. (Effective October 20, 2008, employees will be allowed to accrue Annual Leave II to a maximum of 600 hours. There shall be no accrual of Annual Leave II beyond 600 hours.)

2. At the point of conversion, employees with Annual Leave II or combined Vacation and Sick

Leave hours in excess of 120.00 hours will have the option to designate those hours in excess of 120.00 to be transferred to the Time Off Bank (TOB) upon implementation of this article. This designation will be a one-time only election and will be irrevocable upon execution. TOB hours will have no cash value, but may be used at anytime for either vacation or sick leave purposes.

3. Upon termination of County employment, any remaining TOB will be converted to

retirement service credit. 4. Annual Leave II hours will be paid at 100% of the current hourly rate upon separation. 5. Salary Resolution Section 610.7 is no longer available for employees covered by this MOU

(including employees currently in the New Annual Leave Plan). 6. All applicable sections of the Salary Resolution and MOUs will be modified to delete the

Vacation and Sick Leave Program references and any other sections determined to no longer be applicable.

7. All employees hired after the conversion will be eligible for the Annual Leave II plan.

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8. This conversion requires modifications to existing computer programs of the County,

therefore, the conversion shall not become effective until the beginning of the payroll period following the completion of such modifications.

9. Upon ratification of the Memorandum of Understanding by both parties, SEIU Local 535

shall cause that certain lawsuit known as ANN BENNETT; GERALD A. GALLAGHER; THOMAS GATTIE; DOLORES MEDINA; SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 535, AFL-CIO, FRESNO DEPUTY SHERIFF’S ASSOCIATION, Plaintiffs and Petitioners, v. COUNTY OF FRESNO; BOARD OF SUPERVISORS, COUNTY OF FRESNO; GARY PETERSON, AUDITOR/CONTROLLER, COUNTY OF FRESNO; SUPERIOR COURT, COUNTY OF FRESNO, Defendants and Respondents, Fresno County Superior Court Case No. 01 CE CG 01042, to be dismissed with prejudice in its entirety as to plaintiff Service Employees International Union, Local 535, AFL-CIO.

ARTICLE 19 – LEAVE OF ABSENCE

The County agrees to approve one (1) week unpaid administrative leave to each employee in the unit each calendar year at the request of the individual employee. Such leave may only be taken at a time during the year approved by the head of the department, and must be requested between January 1 - September 30 of any year.

ARTICLE 20 – HOLIDAYS Holidays The dates listed below which fall within the normal workweek of Monday through Friday shall be considered paid holidays and shall be observed subject to provisions contained in the Salary Resolution: January 1, third Monday in January, third Monday in February, March 31, last Monday in May, July 4, first Monday in September, November 11, and December 25. Fourth Thursday in November. Friday following Thanksgiving. Every Monday following a Sunday which falls on January 1, March 31, July 4, November 11, or December 25. Every Friday when such Friday immediately precedes March 31, July 4, November 11, December 25 or January 1.

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Holiday Pay Eligibility Employees are eligible for holiday pay only if they are at work or on an approved annual or sick leave on their last assigned shift immediately before and after the holiday. Employees claiming annual leave for illness purposes or sick leave on their last assigned shift immediately before or after a County holiday as set forth in this MOU may be required by the department head with reasonable cause to provide a statement from a California licensed physician setting forth the specifics which necessitated the employee’s absence for illness or injury purposes in order to be eligible for holiday pay. Holiday Pay When employees represented by this Unit are required to work overtime on a holiday as defined herein, the time so worked shall be compensated at the rate of two and one-half (2½) times the employee’s regular rate of pay for the first eight (8) hours worked and at time and one-half the employee’s regular rate of pay for all subsequent hours worked on the holiday. Holiday overtime is not included as FLSA overtime in the FLSA work period. Holiday overtime can be received in cash or compensatory time off. In lieu of the two and one-half (2½) time holiday compensation mentioned herein, an employee can choose to receive holiday credit equal to the number of hours worked on a holiday up to eight (8) hours and overtime compensation of time and one-half (1½) for all overtime hours worked on a holiday. Holidays - Seven Days a Week Work Units Notwithstanding the above, only the actual days upon which January 1, March 31, July 4, November 11, and December 25 fall shall be considered paid holidays for Correctional Officers, Juvenile Correctional Officers, and Security Officers who are employed in a work unit which routinely remains open seven (7) days a week.

ARTICLE 21 – JOB SECURITY When advance knowledge of the impact of pending changes in function, organization or operating is available which will result in the abolition of positions, or when there is any major reassignment of functions from one department to another or to another agency, within the scope of the Personnel Rules, management will make an intensive effort to either reassign or transfer affected employees to other positions in order to retain their services. Management agrees that training programs will not be established for the purpose of depriving qualified employees of higher earnings. Further, that in the event the County enters into any agreement with another public employer or private entity which involves the transfer of functions now being performed by employees in this representation Unit or the law provides for the transfer of functions now being performed by employees in this Unit to another public or private agency, the County will advise such public or private entity of the existence and terms of this MOU, and will immediately advise the Union of such agreement or law. It is mutually understood and agreed that such notification is

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simply for informational purposes and shall in no way be construed as obligating the new employer to recognize the Union as a bargaining agent for its employees; and that the intent of this notification is not to require that the new employer abide by terms of this MOU, but rather as an assistance in apprising the new employer of working conditions which have been in effect with the County. The County will meet and confer with the Union regarding the impact of management’s decision to contract out services where those services are being performed by current incumbents of affected Unit classifications and where layoffs may be contemplated because of the decision to contract out services.

ARTICLE 22 – DAMAGE TO PERSONAL PROPERTY OF EMPLOYEE Criteria for Compensation: The County may provide payment for the replacement or repair of property or prosthesis of an employee, such as eyeglasses, hearing aids, dentures, watches, or articles of clothing necessarily worn or carried by the employee, when such items are lost or damaged in the performance of official duties through no fault of the employee. Losses must be verified by the employees immediate supervisor, department head, or designee. The amount of compensation will be based on the following criteria: 1. The cost to repair the item if such cost is less then the value of the item at the time the

damage occurred. 2. If the item is lost, damage beyond repair, or if the cost of repair will exceed it’s actual

value, reimbursement shall be the actual value of the item at the time damage or loss occurred.

Reimbursement Procedure: All claims for reimbursement must be submitted to the Auditor-Controller/Treasurer-Tax Collector within thirty (30) days on forms prescribed by the Auditor-Controller/Treasurer-Tax Collector. Estimate of Loss: All receipts, invoices, and estimates of value or repair must be attached to claim when submitted. Estimates of value or repair cost must be made by a dealer of the items being claimed. Estimates made by the employee will not be accepted. Inspection of Damaged Property: Damaged items shall be kept for inspection and may be retained by the Auditor-Controller/Treasurer-Tax Collector. Auditor-Controller/Treasurer-Tax Collector’s Responsibility: All claims for lost or damaged property shall be submitted by the department head to the Auditor-Controller/Treasurer-Tax Collector. If the claim is under three-hundred and no/100 dollars ($300.00), the Auditor-Controller/Treasurer-Tax Collector will review it, determine if reimbursement should be made, and the amount of reimbursement. If the claim is three-hundred and no/100 dollars ($300.00)

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or more, the Auditor-Controller/Treasurer-Tax Collector will review the claim and present it to the Board of Supervisors together with a recommendation on the amount to be reimbursed, if any. The claimant will be notified of the time and date the matter will be presented to the Board of Supervisors. Appeal Procedure: The department head may appeal the Auditor-Controller/Treasurer-Tax Collector’s decision by requesting the Auditor-Controller/Treasurer-Tax Collector to present the claim to the Board of Supervisors. The Auditor-Controller/Treasurer-Tax Collector will process the appeal as a consent item on the Board of Supervisors Agenda. Decisions of the Board of Supervisors are final.

ARTICLE 23 – SPECIAL SALARY UPGRADING Special Salary Upgrades shall be governed by the Fresno County Salary Resolution, Section 413.9, with the exception that Special Salary Upgrading shall start no later than the beginning of the second pay period.

ARTICLE 24 – REASSIGNMENT Employees who desire to be reassigned to specific work locations or shifts within their department may submit a written request for reassignment through the department head, or designated representative. Such requests will be valid for a period of one-hundred eighty (180) days and must be renewed if the employee still desires to be considered for reassignment beyond that date. Requests from employees wishing to be reassigned will be given priority insofar as the best interests of the department will permit as determined by the department head. Employees to be reassigned will be given reasonable notice in advance of such reassignment whenever possible. Nothing in this article shall be construed in such a way as to conflict with existing Fresno County Personnel Rules or Regulations nor shall this article be applicable in cases of emergency.

ARTICLE 25 – PRIVATE VEHICLE USAGE Departments may authorize their department employees to use their private vehicle to travel on business for the County provided that each such employee shall have first complied with County automobile insurance requirements. In order to be authorized travel by private vehicle, the employee must possess an appropriate valid California driver’s license and required insurance with limits of not less than $100,000/$300,000 public liability and $25,000 property damage, or a combined single limit of $300,000. Any employee authorized to travel on business for the County and who has been duly authorized to use and does use a privately owned automobile shall be allowed and paid as traveling expenses for the actual miles traveled during any calendar month at the rate authorized by the Internal Revenue Service (IRS). This rate shall become effective on the

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date approved by the Board of Supervisors authorizing the IRS rate on a County-wide basis, but in no event sooner than when the IRS and County rates become equalized. After the initial approval by the Board of Supervisors of the IRS rate, subsequent changes of the rate shall become effective on the pay period following the County’s receipt of the published IRS rate. Until the Board approves the IRS rate, employees shall be reimbursed at the prevailing County reimbursement rate per mile, except that said rate shall be increased or decreased in accordance with the private auto mileage reimbursement agreement which became effective July 1, 1988.

ARTICLE 26 – FREE PARKING The County will continue to make reasonable effort to provide free parking facilities for employees who are authorized to use their own vehicle for County business. Jury parking shall be available from 2:30 p.m. to 7:30 a.m., Monday - Friday, for parking on a space available basis.

ARTICLE 27 – VALIDATED PARKING The County will provide validated parking in City-operated parking facilities for employees who are permanently assigned at a work location outside of the downtown area and who are required as a part of their job to appear in court. Such validation shall only be for the actual time spent in court.

ARTICLE 28 – REPRESENTATION IN COURT Subject to all appropriate provisions of California Government Code Sections, the County will, upon request of an employee or former employee, defend against any claim or action for an injury arising out of an act or omission occurring within the scope of employment as an employee of the County and will pay any judgment based thereon or any compromise or settlement of the claim or action to which the County has agreed.

ARTICLE 29 – COURT APPEARANCES All employees covered by this MOU shall receive full compensation as though they were performing their regular duties during such time as they are required to appear as a witness before the Grand Jury, or before any court as: a. A juror. b. Witness in a criminal case. c. Witness in a civil case for the purpose of giving testimony as to facts related to or the

knowledge of which they have received in the course of their County employment. d. A party to an action arising out of the course of his County employment.

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They shall claim any jury, witness, or other fee to which they may be entitled by reason of such appearance and forthwith pay the same over to the Auditor-Controller/Treasurer-Tax Collector to be deposited in the appropriate fund of the County. Employees of the Sheriff’s Department covered by this MOU who are called for jury duty, will be required to work the day shift on the dates the jury summons is valid. If required to attend jury duty, the “court liaison officer” will notify the employee. All other employees covered by this MOU who are called for jury duty, will be assigned to a day shift schedule. Employees covered by this MOU shall not be compensated for performing as a member of any Grand Jury.

ARTICLE 30 – SHIFT PREMIUM Whenever an employee who by assignment or by rotation works a regular shift, any portion of which occurs between the hours of 5:00 p.m. and 7:00 a.m., the employee shall be paid, in addition to the basic compensation, an eight percent (8%) premium for all work hours which occur after 5:00 p.m. and before 7:00 a.m. Employees shall receive their usual respective amounts of such compensation while temporarily reassigned to another shift for the convenience of the County. There shall be no shift premium paid during periods of Annual Leave, sick leave use and during holiday time off. Process servers, who by assignment are required to work a portion of their shift between the hours of 5:00 p.m. and 7:00 a.m., shall be paid, in addition to the basic compensation, an eight percent (8%) premium for all regular work hours which occur after 5:00 p.m. and before 7:00 a.m. When an employee who by assignment or by rotation works a regular shift where five (5) or more hours occur between the hours of midnight and 7:00 a.m., the employee shall be paid, in addition to the basic compensation, an eight percent (8%) premium for all work hours which occur after 5:00 p.m. and before 7:00 a.m. Employees shall receive their usual respective amounts of such compensation while temporarily reassigned to another shift for the convenience of the County. There shall be no shift premium paid during periods of Annual Leave, sick leave use, and during holiday time off. Whenever an employee working a shift as defined in the preceding paragraphs, who is eligible for shift premium is required to perform overtime work between the hours of 5:00 p.m. and 7:00 a.m., such employee’s basic compensation plus the appropriate shift differential will be used in determining any cash payment for overtime hours worked. The foregoing shall be the only shift premiums or shift differentials which shall apply to any employee working any work schedule. Employees working a flexible work schedule which extends into the above stated hours shall not be eligible for shift differentials.

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Any employee whose regular work hours begin and conclude between 7:00 a.m. and 5:00 p.m. shall not receive shift premium pay for overtime worked which extends the workday past 5:00 p.m. Note: The Correctional Officer classification series is not eligible to receive shift premium.

ARTICLE 31 – NEW EMPLOYEE ORIENTATION The County agrees to maintain, within budget constraints, during the term of this MOU, a personnel sponsored employee orientation program for newly hired County employees. A total of fifteen (15) minutes will be provided for presentations by Union Representatives. Representatives of the Union may participate in these presentations at each County Personnel Management-sponsored new employee orientation program, where new employees of this unit are in attendance. Reasonable time will also be allowed for questions and answers. The County will schedule each new employee for orientation within forty-five (45) working days of hire.

ARTICLE 32 – CLASS SPECIFICATIONS In the event class specifications for classifications covered in this Unit are revised, the County agrees to provide the Union with copies of the revised specifications as soon as they are promulgated. Such copies shall serve as notice to the Union relative to impact bargaining. At the Union’s request, the County will meet and confer on the impact of changes to class specifications for classifications covered by this Unit.

ARTICLE 33 – CONTINUING EDUCATION Employees will be granted time off to attend professional meetings, seminars, and conventions so long as it is in reasonable numbers consistent with staffing needs. In-service seminars and workshops pertaining to skill development will be granted as equitably as possible. Tuition reimbursement and training requests must be forwarded to the department’s approving authority prior to being forwarded to the Personnel Division. Course work directed toward a higher degree will be covered under tuition reimbursement subject to existing tuition reimbursement policy.

ARTICLE 34 – FLEXIBLE WORK WEEK SCHEDULES At the request of either the County or the Union, the parties agree to meet and confer on flexible workweek arrangements. No new flexible workweeks or changes in existing workweeks will be implemented except those currently established on a trial basis without mutual agreement between the Labor Relations Division and the Union.

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ARTICLE 35 – COMPUTER PROGRAMMING MODIFICATIONS

Notwithstanding any language in this Agreement to the contrary, the respective articles of this MOU which will involve modifications to existing computer programs of the County shall not become effective until the beginning of the payroll period following the completion of such modifications. Furthermore, the provisions of this article shall not be used to extend the effective date of salary changes.

ARTICLE 36 – MEMORANDUM OF UNDERSTANDING – PRINTING AND DISTRIBUTING Within four (4) weeks of adoption by the Board of Supervisors, the County shall provide fifteen (15) copies of the MOU for Union use.

ARTICLE 37 – CONTINUITY OF OPERATIONS Continuous and uninterrupted service to the citizens of the County, and orderly employee/employer relations between the County and its employees are essential considerations of this agreement. Therefore, the Union agrees on behalf of itself and those County employees which it represents both individually and collectively that there shall not be any strikes, picketing, boycotting, work stoppages, sitdowns, sickouts, speed-ups, slow-downs, or secondary action such as refusal to cross picket lines or any other concerted refusal to render services or to obstruct the efficient operations of the County or refusal to work, including refusal to work overtime, or any other curtailment or restriction of work at any time. In the event the County determines there to be a violation of this article by the Union and/or the employees which it represents, the employer may, in addition to other remedies, discipline such employees up to and including discharge. The County shall not utilize a lock-out technique in its employee/employer relationships.

ARTICLE 38 – VOLUNTARY “JOB-SHARING” PROGRAMS If layoffs are to occur in any classification in this Unit, the County and the Union agree, at the Union’s request, to meet and confer regarding voluntary departmental “job-sharing” and/or reduced work-week programs as an alternative to those layoffs.

ARTICLE 39 – COMPENSATORY TIME OFF Employees covered by this MOU in departments designated in Section 812.14 of the Salary Resolution may accrue compensatory time off up to a maximum of forty-four (44) hours (sixty [60] hours for Correctional Officers). Employees may request to be paid in cash at anytime for accrued hours. Use of compensatory time off shall be at a time mutually agreed upon by the employee and department head or his/her representative. Compensatory time off balances may be paid off annually in cash at a time selected by the department head at his/her discretion. All payments of compensatory time shall be made at the hourly rate the accrued time was earned.

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ARTICLE 40 – NOTICE OF PROMOTIONAL OPPORTUNITIES

Employees who have authorized access to the Fresno County e-mail system will be sent bi-weekly updates regarding pending promotional opportunities from the Department of Personnel Services. The opportunities will be limited to open, departmental promotional and general promotional recruitments. All departmental internal suspension of competition recruitments will continue to be conducted pursuant to Personnel Rule 4310.6. This article shall not be grievable.

ARTICLE 41 – ON-THE-JOB INJURIES/HEALTH PLAN PREMIUMS Employees who are seriously injured; or who become ill; or who are exposed to toxic materials; any of which are as a result of one (1) incident or exposure on the job which causes need for medical treatment and who cannot return to work, as verified by a California Licensed Physician’s statement, on the day such incident occurs, shall receive their full normal compensation for that day as though they had continued to work. There shall be no required use of annual or sick leave time for such day. Under conditions set forth below, the County will pay the full Health Benefit Plan premium for the employee only for up to fifteen (15) full pay periods. The Health Benefit Plan employee-only premium will be paid when all of the following conditions have been met: 1. The employee is on an approved medical leave of absence under provisions of County

Personnel Rule 7. 2. The medical leave of absence is a result of a bona fide on-the-job injury or illness. 3. The on-the-job injury or illness occurred on or after July 3, 1981. 4. The employee has exhausted all accrued paid time off, including, but not limited to Annual

Leave, sick leave and compensatory time off. 5. The employee has not been released by the attending physician to return to duty on a full

or part-time basis. The employee will assume full responsibility for payment of Health Benefit Plan premiums for any continued dependent coverage, and will assume responsibility for payment of the employee-only premium at the beginning of the sixteenth (16th) pay period of a medical leave of absence due to an on-the-job injury or illness.

ARTICLE 42 – STAND-BY When Correctional Officers are ordered, as a result of emergency situations, to stand-by for duty, and restricted as to their movements while off duty, they will be compensated at twenty-five percent (25%) of their base salary for such time (one-half hour minimum). When Correctional Officers and Juvenile Correctional Officers are ordered to stand by for court time and restricted to their movement while off duty, they shall be compensated at time and one-half of twenty-five percent (25%) of their regular hourly rate equivalent to thirty-seven and one-half percent (37½%) for such time (one hour minimum).

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ARTICLE 43 – CALL-BACK

Call-Back - General An employee in the Correctional Officer classification series shall be eligible for call-back pay when all of the following conditions are met: 1. The employee is unexpectedly ordered to return to work by his department head and

does, in fact, return to work. 2. The order to return is given to the employee following termination of his normal shift and

his departure from his work location. 3. Such return to work occurs within twenty-four (24) hours of when the order is given, but

not less than two (2) hours prior to the established starting time of the employee’s next regular shift.

Compensation for call-back shall be the greater of: 1. Minimum of two (2) hours overtime; or 2. Time spent at the work location. Effective April 15, 1986, under these circumstances, the employee shall be paid at the rate of time and one-half his/her base hourly rate of pay, unless the actual hours worked on a call-back exceed eighty-six (86) hours in a work period under FLSA provisions for Correctional Officers. In these latter circumstances, the employee shall be paid at the rate of time and one-half his/her regular hourly rate of pay, as defined by FLSA. Employees who meet the criteria for use of private vehicles shall be reimbursed for mileage driven both ways between their permanent local residence and their reporting point at the current reimbursement rate when called back to work.

ARTICLE 44 – COURT TIME Court Time - Correctional Officers Whenever a Correctional Officer is required to appear in Court as a witness to testify as to matters discovered in the course of his duties, and such appearance is outside his regular shift, the employee shall be paid for a minimum of four (4) hours worked at the rate of time and one-half his/her base hourly rate of pay, unless the actual hours worked on a call-back exceed eighty-six (86) hours in a work period under FLSA provisions. In these latter circumstances, the employee shall be paid at the rate of time and one-half his/her regular hourly rate of pay, as defined by FLSA, effective April 15, 1986. Employees called back to duty under provisions of this article shall additionally be compensated at time and one-half their base hourly rate for thirty (30) minutes’ travel time.

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ARTICLE 45 – EDUCATIONAL INCENTIVE – CORRECTIONAL OFFICER

Effective October 23, 2006, Correctional Officers who have satisfactorily completed the Correctional Officer Educational Incentive Program, Intermediate Certificate Equivalency shall be compensated at a rate of two and one-half percent (2.5%) above their base salary. Correctional Officers who have satisfactorily completed the Advanced Certificate Equivalency shall receive five percent (5%) above their base salary (No stacking). The Certificate Equivalency percentage payment shall only apply upon receipt of the proper certificate by the Department of Personnel Services. CORRECTIONAL OFFICER EDUCATIONAL INCENTIVE PROGRAM Intermediate Certificate Equivalency 1. Shall have completed probation period prescribed by the employing jurisdiction, but in no

case less than one (1) year. 2. Shall have acquired the following combination of education and training points combined

with the prescribed years of correctional experience, or the college degree designated, combined with the prescribed years of correctional experience. (Table 1*)

3. Satisfactory completion of the following college courses: California State University 1. Correctional Institutions or Institutional Treatment of the Offender 2. Psychology of Crime Advanced Certificate Equivalency 1. Possession of Intermediate Certificate Equivalency. 2. Shall have acquired the following combinations of education and training points combined

with the prescribed years of correctional experience, or the college degree designated combined with the prescribed years of correctional experience. (Table 2*)

3. Satisfactory completion of the following college courses: California State University 1. Correctional Institutions or Institutional Treatment of the Offender 2. Psychology of Crime

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*Table 1 Intermediate Certificate Equivalency Minimum Training Pt. Including Basic C/O 15 30 45 Academy Academy Academy Minimum Education College Units 15 30 45 AA BA Years of Correctional Experience 8 6 4 4 2 *Table 2 Advanced Certificate Equivalency Minimum Training Pt. Including Basic C/O 30 45 Academy Academy Academy Academy Minimum Education College Units 30 45 AA BA Master’s Years of Correctional Experience 12 9 9 6 4 One training point = 20 hours of in service training. One college unit = 1 training point. 1. College units can be substituted for training points, but training points cannot be

substituted for college units. 2. Satisfactory completion of the United States Department of Justice (Bureau of Prisons)

training course in Jail Operations and possession of certificate, worth two (2) training points.

3. Satisfactory completion and possession of certificate of completion of Fresno City College

40-hour Correctional Officer Course, worth four (4) training points.

ARTICLE 46 – TRAINING OFFICER DIFFERENTIAL Correctional Officer IIIs who are assigned by Sheriff’s Management to perform Jail Training Officer duties shall be compensated an additional five percent (5%) of base salary for actual hours worked as a Jail Training Officer. Correctional Officer IVs shall not be eligible for this differential since this type of assignment is considered a part of their job duties and responsibilities. Sheriff’s management shall notify each Correctional Officer III within one week of the decision to assign the Correctional Officer III as a Jail Training Officer. The parties agree that neither Correctional Officer I or II will be used as Jail Training Officers. The classification of Juvenile Correctional Officer I/II and Security Officer II who are assigned by management to perform training officer duties shall be compensated at the rate of seventy-five dollars ($75) per pay period for these additional duties.

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ARTICLE 47 – BILINGUAL SKILL PAY The parties have met and conferred regarding the County’s Bilingual Skill Pay administrative procedures and certification/testing process, and agree to the following: 1. Pay Provisions

Bilingual Skill Pay will be a maximum of $23.08 per pay period (approximately $50 per month). Effective October 23, 2006, Bilingual Skill Pay will increase from a maximum of $23.08 per pay period (approximately $50.00 per month) to $50.00 per pay period (approximately $108.00 per month). Bilingual Pay will not be paid during periods of time off (e.g., Annual, Vacation or Sick Leave, etc.); it shall be prorated on an hourly basis. Employees will be paid a maximum of $23.08 (Maximum of $50.00 effective October 23, 2006) per pay period regardless of the number of languages they are certified for.

2. Position Designation/Eligibility

An employee may be eligible to receive Bilingual Skill Pay after being certified by the Department of Personnel Services and when occupying a permanently allocated position that is designated, by the Department Head or designee, to utilize a bilingual skill(s). Furthermore, the need for the bilingual skill(s) must be identified as crucial due to the nature of services provided. “Crucial due to the nature of services provided” shall be defined as any amount of time deemed necessary by the department in order to meet the needs of the public such as: A direct public contact position; An institutional or healthcare setting dealing with inmates or patients; or A position needed to perform interpretation, translation or specialized activities for the department and its clients. In addition to C.1., the position must also be authorized by the County Administrative Officer, or his/her designee, for Bilingual Skill Pay. Where organizationally feasible, departments should ensure that positions clearly meet the standards by centralizing the bilingual responsibility in as few positions as possible.

3. Bilingual Proficiency Examinations and Certification Process

Bilingual proficiency examinations and certification will be administered by the Department of Personnel Services.

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Bilingual proficiency exams will be conducted using an oral board panel consisting of a minimum of two (2) persons. Panel members may be County or non-County employees and/or members of the community. Panel members shall not be in the same bargaining unit as the examinee. The Department of Personnel Services shall make a reasonable attempt to utilize panel members not in the same department as the examinee. Departments may submit, to the Department of Personnel Services, languages identified for testing upon meeting the criteria in C.1. above. After initial implementation of the exam and certification process, periodic bilingual proficiency exams will be scheduled. Employees may submit Bilingual Certification Applications to be scheduled for bilingual proficiency exams directly to the Department of Personnel Services, Employment Services Division. Application deadlines shall not be appealable or grievable. Upon passing a bilingual proficiency exam, the employee shall be certified in that language(s) and will not be required to retest unless they have a break in County employment. Employees that have been certified as bilingual proficient by the Department of Personnel Services shall not be eligible to receive Bilingual Skill Pay unless the requirements of Section C above are met.

This shall also apply to those employees that have successfully passed a bilingual proficiency exam administered by their department as a condition of employment. For an employee to qualify for a testing waiver and be certified, authorized department representatives shall submit to the Department of Personnel Services, an employee’s name, language(s) tested, and any other information necessary for efficient administration of the program. These employees shall not be required to retest through the bilingual proficiency exam process established with this agreement, but shall be considered as already certified.

4. Appeal Process

1st examination failure – employee may request to be re-tested by a new panel. The employee must submit a written request to the Department of Personnel Services within 10 working days of the date of the notification of failure. Personnel Services will have 30 working days, or longer if mutually agreed, to schedule a re-test. Subsequent examination failure – upon an employee’s second failure, the employee must wait until the next regularly scheduled examination period to apply for a bilingual proficiency exam.

ARTICLE 48 – MENTAL HEALTH SERVICES

The County shall continue to provide the current level of professional mental health services to Correctional Officers and their families. These services will be provided by a contractor instead of a County employee.

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ARTICLE 49 – PRIVATE MILEAGE REIMBURSEMENT – TRAVEL TO REMOTE WORK-

BASE Correctional Officers shall not be eligible for private vehicle mileage reimbursement when assigned to a work-base reporting point in the general Fresno Metropolitan area. In the event a new facility is opened outside the Fresno Metropolitan area, the Sheriff agrees to meet and confer over the issue of providing a vehicle to transport Correctional Officers who would be assigned to the new facility. Travel Time All travel time shall be on the employee’s own time.

ARTICLE 50 – ON-THE-JOB INJURIES – LIGHT DUTY The County, with the Sheriff’s Department, and through the Risk Management Division of the Personnel Office, will review its current policies relative to light duty for Correctional Officers who have suffered on-the-job injuries. Changes, if any, from current policy shall be at the discretion of the County.

ARTICLE 51 – ASSIGNMENTS – CORRECTIONAL OFFICERS The parties hereby agree to the following agreement concerning Correctional Officer assignments to facilities, shifts, and days off. The terms and conditions of this agreement are set forth below: This agreement applies to incumbents of the Correctional Officer Trainee, Correctional Officer I, Correctional Officer II, Correctional Officer III and Correctional Officer IV classifications. This agreement shall begin on December 24, 1990. Shift changes shall take place the first day of each subsequent payroll year. The Sheriff, in consultation with the Union, will evaluate the effectiveness of the assignment process and will determine if it should continue either in whole or in a modified fashion. The assignment process shall be as follows: a. Sheriff’s Management will exclusively determine the number and qualifications of

personnel required for all jail facilities, watches, and days of the weeks. b. Sheriff’s Management will exclusively determine and identify both specialized and non-

specialized needs for all jail facilities, watches, and days of the week. c. Sheriff’s Management will exclusively determine and identify both specialized and non-

specialized assignments for all jail facilities, watches, and days of the week. d. Sheriff’s Management will exclusively determine and identify the most suitable personnel

for specialized job assignments and facility assignments. Seniority will not be a factor for appointment to a facility or a specialized job assignment.

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e. Correctional staff not appointed to a specialized assignment shall submit an Assignment

Request Form listing choices in order of preference for Watch I, Watch II, Watch III. They shall also indicate by order of preference their choice of facility, either the downtown facilities or the Branch Jail.

Sheriff’s Management, according to seniority (date of hire for Correctional Officers II’s and

III’s and date of promotion for Correctional Officer IV’s), will preliminarily assign personnel to a shift.

f. After preliminary assignments, Sheriff’s Management will exclusively determine if all

specialized facility needs are met. If they are not met, Sheriff’s Management, according to seniority and using employee Assignment Request Forms, will adjust shift assignments until all specialized needs are satisfied. After all shift assignments are complete, Sheriff’s Management will determine the facility to which the employee will be assigned. Employee seniority will be given consideration at this step of the process, but the facility assignment is exclusively the determination of Sheriff’s Management.

g. After all facility and shift assignments are completed, Sheriff’s Management will identify the

days off available for each Correctional Officer by facility and shift. Each Correctional Officer, by seniority, will be assigned their days off according to their

Assignment Request Form. h. The foregoing process does not preclude the reassignment of personnel to different shifts

or days off due to facility needs or staffing requirements. However, those individuals with least seniority, whenever practicable, will be reassigned first. Reassignments shall not be grievable or appealable. There will be no days off or shift “seniority bumping” due to personnel transfers, resignations, promotions, etc. during the payroll year.

Correctional Officers on probation, light duty, or at the Correctional Officer Trainee or I

level may be assigned or reassigned at will. These reassignments are also not grievable or appealable. Until the assignment cycle of December 7, 1992, Correctional Officer II’s may also be assigned or reassigned at will.

This agreement and the process it sets forth may be discontinued by the Sheriff at anytime, if he determines that to do so would be in the best interest of the Sheriff’s Department. Such decision shall not be grievable or appealable to the Civil Service Commission. Should this agreement be discontinued, the County will notify the Union and meet and confer with the Union regarding the impact of this decision, if the Union requests to do so.

ARTICLE 52 – DETENTION CUSTODY BUREAU – WORK REDESIGN

The parties agree to engage in decision bargaining, over proposed changes if any to hours, wages, and terms and conditions of employment, including but not limited to the use of seniority, resulting from the Detention Custody Bureau work redesign effort. As to current terms and conditions of employment there will be no change in shifts or days off until the above good faith decision bargaining is completed.

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ARTICLE 53 – IN-SERVICE TRAINING – CORRECTIONAL OFFICERS

Future training for Correctional Officers shall, as determined by the Sheriff, be pertinent to the duties and responsibilities of Correctional Officers. Correctional Officers shall continue to be eligible to participate in Deputy Sheriff training programs on a space-available basis.

ARTICLE 54 – UNIFORM ALLOWANCE – CORRECTIONAL OFFICERS Effective October 9, 2006, a uniform allowance of five hundred dollars ($500) per year shall be provided for current employees in the Correctional Officer Classification. The foregoing allowance shall be paid in one (1) lump sum each first pay period in October to CO’s who are still employed by the department on the date in October on which the allowance is paid.

ARTICLE 55 – DRESSING TIME – CORRECTIONAL OFFICERS Time spent by Correctional Officers dressing in and out of uniform at the worksite is not County-paid time.

ARTICLE 56 – SPECIAL PROVISIONS – SECURITY OFFICER I/II 1. The County agrees to provide G.S.A. Security Officers baton, pepper spray, handcuff

training and any other training deemed necessary by management within two (2) years from the adoption of the MOU.

2. Crisis, Prevention and Intervention training for G.S.A. Security Officers shall be provided by

the County. 3. Security Officer cars shall be equipped with mounted spot lights, fire extinguishers, first aid

kits, and identifying decals. 4. General Services Administration Security Officers shall be provided uniforms and jackets. 5. General Services Security Officers shall be scheduled to work an eight (8) hour day, which

includes a one-half (½) hour lunch break. Management shall control and direct Officers’ activities in any way deemed necessary, as determined solely and exclusively by management, during this lunch period. Starting times for General Services Security Officers will be as determined solely and exclusively by management.

ARTICLE 57 – RAIN GEAR

Management will provide rain gear for Security Officers and Juvenile Correctional Officers. The number supplied shall be sufficient to provide protection for employees on any shift. Sheriff’s management shall continue to make rain gear available on a day-to-day basis for those Correctional Officers assigned outdoor posts (yard security, road crews, etc.)

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ARTICLE 58 – JUVENILE CORRECTIONAL OFFICER SHIFT ASSIGNMENTS

The job classifications of Juvenile Correctional Officer I/II and Senior Juvenile Correctional Officer within the Juvenile Hall and Elkhorn Divisions of the Fresno County Probation Department will be assigned permanent program/shift work hours based solely on seniority, with the exception of the following specialized assignments, which will be made at the discretion of the Chief Probation Officer or his/her designee: 1. Jail Pod – Senior Juvenile Correctional Officer(s) 2. Training 3. Transportation During the term of this agreement, available shifts will be posted prior to November 30. Staff will make their shift selections in December, to become effective January. Directed reassignments from selected shifts may be made by the Chief Probation Officer or his/her designee pursuant to Personnel Rule 11022.3 and Probation Department Administrative Manual, Section 4.400. Such directed reassignments shall only be made under the following circumstances: 1. As a part of a formal disciplinary action; or 2. In order to ensure the safe and efficient operation of the Institutions and its program; or 3. In order to achieve proper gender balance within programs.

ARTICLE 59 – EIGHTH CONSECUTIVE DAY OVERTIME The County believes it is not in the best interest of the organization or its personnel to work eight consecutive days. However, the County acknowledges that there will be occasions when it will be necessary for an employee to work more than eight consecutive days. Should employees of this Unit be scheduled by management to work more than seven (7) consecutive work days, commencing on the eighth (8th) day, the employee will be compensated at two (2) times his/her regular hourly rate for each hour worked until such time as two (2) consecutive days off are received. This payment may not be applicable as determined by management in cases of a local or state of emergency as specified in Chapter 2.44 of the Fresno County Ordinance Code. This payment shall only apply when the employee has been scheduled by management and ordered to work more than seven (7) consecutive work days and does not apply when the work is as a result of the employee volunteering.

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To clarify which employees are volunteers, each current employee shall be provided a form upon which to waive eighth (8 th) day overtime eligibility as follows:

1. Probation Department employees may either complete the form, thereby indicating a limitless waiver; or discard it. Employees who return the form shall not be entitled to double-time pay for the eighth (8th) consecutive day worked nor days thereafter. Employees are not required as a condition of employment to complete the form. The employee may rescind his/her limitless waiver of eligibility for 8th day overtime by providing the department written notice prior to their scheduled shift assignment.

2. For all other employees covered by this MOU, the form shall provide two waiver

options, single incident waiver or a limitless incident waiver. Employees may either complete the form, thereby indicating waiver; or discard it. Employees are not required as a condition of employment to complete the form. Employees who return the form shall not be entitled to double-time pay for the eighth (8th) consecutive day worked nor days thereafter. The employee may rescind his/her limitless incident waiver of eligibility for 8th day overtime by providing the department written notice prior to their scheduled shift assignment.

It will be the responsibility of the Sheriff Department employee’s to notify his/her supervisor of the eighth day situation when the overtime assignment exists outside their assigned Bureau or in a Specialty Unit. Failure to advise the supervisor will be deemed a waiver of the eighth (8th) day overtime eligibility.

ARTICLE 60 – PARKING The County agrees to arrange an ad-hoc committee comprised of employees from the swing shift, day shift, and, if possible, teaching staff at Juvenile Hall and C. K. Wakefield to discuss availability of parking for swing shift employees.

ARTICLE 61 – STEWARD NOTIFICATION County Management agrees to notify the Shop Stewards in Juvenile Hall and C.K. Wakefield in advance of any major program or policy change as determined by management that will impact over twenty-five percent (25%) of the Unit employees in the institution, or a majority of the Unit employees within an Institutional Unit.

ARTICLE 62 – SAVINGS CLAUSE

The provisions of this MOU are declared to be severable and if any section, subsection, sentence, clause, or phrase of this MOU shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this MOU, but they shall remain in effect, it being the intent of the parties that this MOU shall stand notwithstanding the invalidity of any part. Should any portion of this MOU be found invalid or unconstitutional, the parties will meet and confer to arrive at a mutually satisfactory replacement for the portion found to be invalid or unconstitutional.

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ARTICLE 63 – FAIR LABOR STANDARDS ACT

The call-back and court time pay provisions have been drafted to bring the parties’ agreement regarding overtime into compliance with the FLSA. If, during the course of this agreement, legislation or a court decision makes those provisions of the FLSA no longer applicable to the County, the parties hereby agree that those provisions shall terminate and no longer be applicable to the parties and that those provisions regarding call-back and court time pay as set forth in the MOU, approved by the Board of Supervisors on June 25, 1985, shall become applicable on the same date the above-referenced legislation or court decision becomes effective, and shall remain applicable throughout the duration of this agreement.

ARTICLE 64 – REST PERIODS – CORRECTIONAL OFFICERS Correctional Officers shall generally be entitled to two (2) rest periods, and a meal break. Rest periods and meal breaks will generally be fifteen (15) minutes and thirty (30) minutes, respectfully. Rest periods and meal breaks do not begin until the designated Relief Officer releases the Correctional Officer. Rest periods and meal breaks are County-paid time; during periods of heavy workload and/or abnormal staffing shortages, rest breaks may not be possible.

ARTICLE 65 – OVERTIME – GENERAL SERVICES SECURITY OFFICERS Where possible, rather than making any individual Security Officer work sixteen (16) straight hours, the additional eight (8) hours over and above the regular shift will be divided between the off-going and on-coming shifts.

ARTICLE 66 – SHIFT ASSIGNMENTS – GENERAL SERVICES SECURITY OFFICERS Wherever possible, GSA Security Officers will be assigned shifts based on seniority. However, operational considerations will dictate and be the deciding factor in assigning all shifts. Shift selection shall take place once a year in January with written requests to be submitted by the end of the month. Any and all Security Officers shall submit requests and only those requests will be considered.

ARTICLE 67 – FLEXIBLE SPENDING ACCOUNT During the term of this agreement, the County will continue to offer employees of this Unit a “Flexible Spending Account”. The Flexible Spending Account is offered pursuant to provisions of Section 125 of the Internal Revenue Code. This account has been established to permit employees to pay for certain authorized expenses such as health insurance premiums, health insurance deductible and child care services from pre-tax dollars. All costs associated with the administration of this account will be paid by the County.

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In an effort to maximize the benefit of IRS Code Section – 125, Flexible Spending Plan, it is mutually agreed by both parties that effective with the 1991 Flex Plan year beginning December 10, 1990, each employee paying for health insurance benefits will automatically become a participant in the Plan. Such health insurance premiums will be excluded from gross income as provided under Section 105 and 106 of the Internal Revenue Service Code. The parties further agree to the following: 1. Prior to the beginning of the 1991 plan year and prior to the beginning of each succeeding

plan year (designated 30-day annual open-enrollment period) each employee paying for health insurance benefits will receive an enrollment form. Those employees electing not to participate will be required to submit a completed form to Personnel no later than the designated deadline of the open-enrollment period; otherwise they will automatically be enrolled in the plan.

2. Each eligible new hire will automatically become a participant in the Plan on the date

coinciding with the effective date of their insurance unless the employee has submitted to Employee Benefits, prior to the effective date, a completed declination form.

3. Each employee will remain a participant until the earlier of termination from employment,

termination of the Plan, Qualified Status Change, or an election made by the employee prior to the beginning of a plan year not to participate in the Plan.

4. An election by an employee not to participate in the health insurance benefit option does

not disqualify them from electing to participate in the remaining benefit options of the Flex Plan nor in electing to participate in subsequent plan years.

5. Employees participating in the health premium benefit option may not voluntarily elect

during the plan year, to drop all or part of their coverage unless the termination of coverage is due to a qualified status change and such termination of coverage is consistent with the change. When premium changes do occur, a corresponding change will occur in the Flex Plan amount.

6. The County agrees that participation in this program will not negatively impact on

employee’s County retirement plan. 7. The County agrees to continue to pay the enrollment and administrative fees.

ARTICLE 68 – HEPATITIS VACCINATION To minimize the contraction of hepatitis, employees in the classification series of Correctional Officers, Juvenile Correctional Officer shall be screened to determine if the hepatitis vaccination will be of medical benefit to the employee. If it is determined to be of benefit, the employee shall receive the necessary vaccinations at County expense. Such screening and vaccinations shall be paid for by the employee’s department as determined by the Community Health Department. The above screening and vaccination process will be administered by personnel designated by the Community Health Department.

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The Union agrees that employees who are not able to receive the screenings and vaccinations while on duty, shall present themselves at times designated by the County without causing the expenditure of overtime. Scheduling for this process shall be at the sole discretion of the County. Newly hired employees entering these classes, including extra-help, shall complete the screening and the initiation of the vaccination processes within ninety (90) days of their date of hire. The County Health Officer shall review the remaining classifications covered by this MOU and make a recommendation as to the benefit of having hepatitis vaccinations provided to employees within designated classifications. This review and recommendation shall be completed within six (6) months from the approval of this MOU. A copy of the recommendation will be provided to SEIU – Local 535.

ARTICLE 69 – MANAGEMENT RIGHTS A. All County rights, powers, functions, and authorities except as expressly abridged by this

Agreement shall remain vested in the County whether or not they have been exercised in the past.

B. The County shall not be obligated to exercise any management rights stated below in “G.” C. All decisions made in accordance with County Management Rights which are established

in this Section or are inherently existent shall not be subject to any aspect of the grievance procedure or unfair employee relations practice charges.

D. This article is not intended to nor may it be construed to modify the provisions of the

Charter relating to Civil Service or Personnel Administration. The Civil Service Commission shall continue to exercise authority delegated to it.

E. In the exercise of its rights, the County shall not require an employee to perform an act or

acts contrary to licensing law. F. This article is not intended to restrict consultation with the Association at the request of the

latter regarding matters within the right of the County to determine. G. The rights, powers, and authorities of the County include, but are not limited to, the sole

and exclusive right to: 1. determine the mission of its constituent departments, commissions, boards, and

committees; 2. set standards of services and evaluate the County’s effectiveness in delivery of these

services; 3. determine the procedures and standards for employee selection, promotion, demotion,

transfer, reassignment and/or layoff;

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4. select, train, direct, assign, demote, promote, layoff, dismiss its employees; 5. communicate fully and openly with its employees on any subject at any time orally, in

writing, both at work or through the U.S. mail; 6. take disciplinary actions; 7. relieve its employees from duty or reassign employees because of lack of work or for

other reasons the County considers legitimate; 8. evaluate and maintain the efficiency of County operations; 9. determine and change the method, means, personnel, and standards by which County

operations are to be conducted; 10. determine the content of job classifications; 11. take all necessary actions to carry out its mission in emergencies, including the

suspension of portions or all of this Agreement for the period of emergency as determined by the County;

12. exercise complete control and discretion over its organization and the technology to

perform its work; 13. make rules and regulations pertaining to employees consistent with this Agreement; 14. make all financial and budgetary decisions; 15. establish, allocate, schedule, assign, modify, change, and discontinue work shifts and

working hours and workweeks; 16. contract, subcontract, establish, merge, continue or discontinue any function or

operation of the County; 17. engage consultants for any future or existing function or operation of the County; 18. order overtime.

ARTICLE 70 – CLASS “B” DRIVER’S LICENSE The County shall reimburse each employee, who is required after employment to obtain a Class “B” driver’s license (multi-passenger), the full amount of the cost of said license. This does not apply to the required Class 3 license required by the County as a condition of employment.

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ARTICLE 71 – WORK-RELATED INJURY/4850 TIME

Introduction The County and the Union recognize the importance of having a work-related injury/illness reported and processed in a timely manner. They also acknowledge that an efficient reporting system will enable the County’s Worker’s Compensation adjuster to effectively evaluate and confirm the validity of a work-related injury/illness claim. To assure that this occurs, the County and the Union have agreed to prioritize the processing of claims governed by provisions of Labor Code 4850 using the protocol set forth below. The parties further acknowledge that the mere adherence to this process does not validate a claim. Claims will still be subject to review and investigation by the adjuster. Employee’s Responsibilities When an employee who is governed by provisions of Labor Code 4850 sustains an injury or illness which has arisen out of the course of the employee’s job duties, and the injury or illness necessitates absence from duty, the employee shall notify his/her immediate supervisor within one (1) working day of this condition. If the employee does not notify his/her supervisor within this time frame, any absence from duty as a result of this condition shall be recorded as “Annual Leave - O.J.I.,” sick leave, compensatory time off, or dock time depending on the employee’s situation, until such time the claim is evaluated by the County’s Risk Manager and is determined by him/her to be valid, subject to review and investigation by the adjuster. Supervisor’s Responsibilities When a supervisor has been notified of an on-the-job injury or illness, he/she shall, prior to the end of his/her shift, complete a “Supervisor’s Investigation Report” and forward this report through the Chain of Command to the Sheriff’s Captain assigned to the Administrative Division or the Probation Department’s Personnel Manager. If the supervisor fails to submit the report prior to the end of his/her shift, all associated on-the-job leave time shall be recorded as “Annual Leave - O.J.I.,” sick leave, compensatory time off, or dock time, depending on the employee’s situation, until such time the claim is evaluated by the County’s Risk Manager and is determined to be valid, subject to review and investigation by the adjuster. Personnel Unit’s Responsibilities When the Sheriff’s Captain assigned to the Administrative Division or the Probation Department’s Personnel Manager receives a “Supervisor’s Investigation Report,” he/she shall, within one (1) working day after receiving the report, deliver copies of the report to the County’s Risk Manager and the Sheriff or Probation Department’s Business Manager. If copies are not delivered within this time limit, all associated on-the-job leave time shall be recorded as “Annual Leave - O.J.I.,” sick leave, compensatory time off, or dock time, depending on the employee’s situation, until such time the claim is evaluated by the County’s Risk Manager and is determined to be valid, subject to review and investigation by the adjuster.

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Risk Manager’s Responsibilities Upon receipt of a “Supervisor’s Investigation Report” and within one (1) working day, the County’s Risk Manager shall evaluate the report and decide, based on his/her evaluation of the information presented, if a work-related injury or illness has occurred. If he/she believes the claim is legitimate, he/she shall notify the Sheriff’s Business Manager or the Probation Department’s Personnel Manager and instruct him/her to record all associated leave time as “4850 Time.” If he/she believes the claim is not valid, he/she shall FAX the claim to the County’s Workers’ Compensation adjuster and instruct the Sheriff’s Business Manager or the Probation Department’s Personnel Manager to record all associated leave time as “Annual Leave - O.J.I.,” sick leave, compensatory time off, or dock time, depending on the employee’s situation. If the Risk Manager fails to complete this evaluation timely, all associated on-the-job leave time shall be recorded as “4850 Time” until such time as the adjuster renders a preliminary finding and notifies the Sheriff’s Business Manager or the Probation Department’s Personnel Manager of this finding. Sheriff’s or Probation’s Business Manager’s Responsibilities It shall be the Business Manager’s responsibility to record any associated on-the-job leave time as directed by either the Risk Manager or the County’s Workers’ Compensation adjuster. In the absence of this direction, the Business Manager shall consult with the Risk Manager regarding the proper coding of leave time. If the Business Manager is unable to obtain guidance from the Risk Manager within one (1) working day of receiving a report from the Personnel Unit, he/she shall record all associated on-the-job leave time as “4850 Time” until he/she receives direction from the adjuster or the Risk Manager. Workers’ Compensation Adjuster’s Responsibilities Upon receipt of an on-the-job injury or illness claim that has been denied by the County’s Risk Manager, the adjuster shall render, within fourteen (14) working days, a preliminary determination on the validity of the claim. If the adjuster finds the claim to be valid, he/she shall notify the Sheriff or Probation Department’s Business Manager within the fourteen (14) day time limit of his/her decision and the Business Manager shall submit the appropriate payroll adjustment forms requesting the Auditor-Controller/Treasurer-Tax Collector to reinstate the employee’s Annual Leave and related benefits. If the adjuster determines the claim to be invalid, he/she shall conduct a standard investigation; all associated leave time of the employee shall continue to be recorded as “Annual Leave - O.J.I.,” sick leave, compensatory time off, or dock time depending on the employee’s situation pending the results of this investigation. Auditor-Controller/Treasurer-Tax Collector’s Responsibilities Upon receipt of the appropriate “4850 Time” payroll adjustment forms from the Sheriff or Probation Department’s Business Manager, the Auditor-Controller/Treasurer-Tax Collector shall reinstate the employee’s leave balances and related benefits within three (3) work weeks of receiving the adjustment forms.

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Adjustments - Final Investigations Once a work-related injury or illness is investigated by the County’s Workers’ Compensation adjuster and he/she determines that the injury or illness is not job connected and the employee has been on “4850 Time,” the adjuster shall notify the Sheriff or Probation Department’s Business Manager of his/her determination and the Business Manager shall submit the appropriate payroll adjustment forms to the Auditor-Controller/Treasurer-Tax Collector. The employee’s related time off shall be adjusted retroactively to reflect annual leave, sick leave, compensatory time off, or dock time. If dock time is recorded, the employee shall reimburse the County for such time that he/she was on 4850 status within the time limits established by the Auditor-Controller/Treasurer-Tax Collector. If the adjuster determines that the injury/illness is job connected, he/she shall notify the Sheriff or Probation Department’s Business Manager of this determination and the Business Manager shall submit the appropriate payroll adjustment forms to the Auditor-Controller/Treasurer-Tax Collector. The employee’s leave balances and benefits shall be reinstated by the Auditor-Controller/Treasurer-Tax Collector within three (3) work weeks of receiving the adjustment forms.

ARTICLE 72 – EMPLOYEE GRIEVANCE RESOLUTION PROCEDURE

Before filing a grievance, be certain to read this entire procedure, including the definitions. Purpose It is a mutual obligation on the part of administrative, supervisory and non-supervisory employees of the County of Fresno to provide efficient and continuous services to the public. Employee morale is an important factor in maintaining a high level of public service, and administration has a responsibility to provide an orderly and expeditious method for resolving problems, which may arise from working relationships and conditions. General This procedure is intended to provide an orderly method for processing grievances in the interest of obtaining a fair and equitable solution. The parties so involved must act in good faith and strive for objectivity, while endeavoring to reach a solution at the earliest date and at the lowest step in the process. The processing of a grievance shall be considered as County business, and the employee and his/her representative shall have reasonable time and facilities allocated. The use of County time shall not be excessive, nor shall this privilege be abused. The aggrieved employee(s) shall have the assurance that filing of a grievance will not result in reprisal of any nature. Time lines are designed to quickly resolve a grievance. It is realized, however, that on occasions the parties concerned may be unable to comply with the established time lines. In such instances, the time lines may be extended upon the mutual agreement of all parties concerned. However, a one-time only ten (10) day waiver shall be granted at the request of the employee or his/her representative at any step in the grievance resolution process. Any

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subsequent requests for waivers must be mutually agreed upon. If there is no mutual agreement to extend a time line, and the stated time has elapsed, then the grievance shall automatically proceed to the next step. There shall be no automatic rulings or abandonment of the grievance. However, the employee or his/her representative may withdraw the grievance at any time. Any dispute among the parties concerning procedural matters (e.g. timeliness, jurisdiction, grievability) shall be discussed as early in the procedure as possible. Such matters shall not stop the processing of the grievance consistent with this procedure. If the procedural matters are not resolved prior to Step 3, the Grievance Committee shall hear any procedural matters. Standard Grievance Forms shall be available to employees through the individual departments, the Labor Relations Division, and SEIU – Local 535. The Form shall include, in addition to the standard sections, a check-off box identifying the grievance as a Group Grievance. Informal Resolution (Employee Option) When an employee becomes aware that a problem exists, the employee is encouraged to discuss the matter by following their normal department chain of command. However, the employee may proceed to Step 1 without following the Informal Resolution process. An employee has fifteen (15) working days from the date that a problem occurs or is discovered to pursue both the Informal Resolution process and file a grievance at Step 1. If the problem is not resolved within this time frame, the employee is encouraged to proceed to Step 1. Step 1 – Department Liaison Review The intent of Step 1 is to identify why the employee feels there is a grievance and facilitate communication and resolution. The goal is to clearly identify issues and areas of agreement/disagreement and to have the parties present whatever available information/documentation necessary to fully attempt to resolve the grievance. Therefore, further clarification of the problem may be necessary and a clear and concise statement of the issue shall be developed. Within fifteen (15) working days of the date that a problem occurs or is discovered, the employee or their representative shall submit to the designated department liaison (see attached list) a clear and concise statement of the grievance and desired resolution in writing on the appropriate grievance form signed by the employee(s). A Group Grievance shall be signed by a minimum of two (2) employees affected by the grievance. The employee or their representative shall also send a copy of the grievance form to the Labor Relations Division. The department liaison has five (5) working days to get back to the employee or their representative with a response. A conference, if needed, will be held within ten (10) working days of the response from the department liaison or when mutually agreed upon. All processing of the grievance at Step 1, including a written decision from the department liaison,

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shall be completed within this fifteen (15) working day period, unless mutually waived. The process that may be followed at Step 1 is dependent on the nature of the grievance and may include, but is not limited to, the following: referring the grievance to Step 2 if the grievance is outside of department head’s authority, as determined by the department liaison in consultation with Labor Relations Division staff; setting up a conference/meeting with involved parties to discuss the grievance, including Labor Relations staff if necessary; referral of the employee or their representative to another department manager/supervisor. If not resolved at Step 1, the grievance goes automatically to Step 2 - Labor Relations Review. If Labor Relations has been involved at Step 1, the grievance goes automatically to Mediation. The department liaison shall write a decision to the grievance on the original grievance form and will send the form to the employee or their representative (as indicated on the grievance form). The department liaison shall also send a copy of the form to the Labor Relations Division. The written decision shall include a clear and concise statement including the reason(s) for the decision. Step 2 - Labor Relations Review Grievances unresolved at Step 1, involving matters outside the department head’s authority, or involving employees working in separate departments shall be submitted to the Labor Relations Division for resolution. If the grievance has been reviewed at Step 1, Labor Relations will attempt to mediate the grievance. If it has been referred directly to the Labor Relations Division without having gone through Step 1, Labor Relations will hear the matter, write a response to the grievance on the grievance form, and send the form to the employee or their representative (as indicated on the grievance form). In the latter instance, the intent, consistent with Step 1, is to identify issues and areas of agreement/disagreement and to have the parties present whatever available information/documentation necessary to fully attempt to resolve the grievance. Therefore, further clarification of the problem may be necessary and a clear statement of the issue shall be developed. All processing of the grievance at Step 2 shall be completed within fifteen (15) working days of the department liaison’s written decision, unless mutually waived. Mediation Grievances unresolved at Step 2 or at Step 1 if Labor Relations has been involved, shall be submitted to Mediation. The parties shall obtain the services of a mediator from the State Mediation and Conciliation Services in an effort to mediate grievance resolution before Step 3 is pursued. The parties shall not divulge in any form the offers made in mediation. Step 3 - Grievance Committee Review If a grievance is not resolved through mediation, the Union shall contact State Mediation and Conciliation Services within fifteen (15) working days following mediation, to obtain a list of persons willing to serve as Grievance Committee chairperson, with a copy to the Labor Relations Division. The Grievance Committee shall meet to hear the grievance at the earliest possible date.

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A pre-hearing conference with the Grievance Committee and the parties shall be set on the day of the hearing immediately preceding the hearing. The purpose of the conference is to identify issues to be resolved and remedy(ies); stipulate to uncontested facts and documents; to review the process and conduct of the hearing; and to identify any potential problems. During the hearing, the Committee shall first hear any procedural matters (e.g., timeliness, jurisdiction, or grievability) which may be raised by either party. In addition, the Committee shall decide whether the decision will be precedent setting, and to whom it would apply within the bargaining unit. The Committee shall state in writing its factual findings and reasons for its decision within thirty (30) calendar days of the hearing. The responsibilities of the chairperson shall include, in addition to normal and customary duties, the following: 1. Writing findings, decision, and dissenting opinion. 2. Obtaining the signatures of the Committee members. 3. Preparing five (5) originals of the decision and distributing to the employee and their

representative, department head, Labor Relations and State Mediation and Conciliation Services.

The chairperson will be compensated at the rate of One Thousand - Five Hundred Dollars ($1,500) for chairing the hearing, which shall be borne equally by the employee or their representative and the County. Implementation If the decision of the Grievance Committee can be implemented by the Department Head without Board of Supervisors’ action, the recommendation shall be implemented by the Department Head. If the decision of the Grievance Committee cannot be implemented by the Department Head but requires Board of Supervisor’s action, the recommendation will be submitted for consideration by the Board of Supervisors at their next regularly scheduled public meeting. The action of the Board of Supervisors shall be final and binding. Appeals If the decision of the Grievance Committee can be implemented by the Department Head and without Board of Supervisors’ action, the County or the employee may seek relief in a court of law. A party desiring to reserve the right to appeal the Grievance Committee’s decision in a court of law pursuant to these rules has the burden of preserving the record of the hearing. A party who plans to use a court reporter shall inform the other party within three (3) calendar days of the hearing to avoid duplication of costs. Appeal from decisions by the Grievance Committee shall be on the record of the Grievance Committee’s hearing by administrative mandamus under California Code of Civil Procedure Section 1094.5, which appeal shall be filed within thirty (30) calendar days after the Grievance Committee’s decision.

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Definitions Chain of Command - This is the normal chain of supervision in a department for addressing/resolving operational concerns/problems. This normally would begin with the first-line supervisor through the Department Head/Administration. Department Head - The administrative head or acting head of the department involved, or a designated representative. Department Liaison - Individual identified within a department to coordinate the grievance resolution process at Step 1. See attached list. The Labor Relations Division is responsible for updating the list on an annual basis/as needed. Each department shall keep the Labor Relations Division apprised of any changes of the designated department liaison. Employee - An individual occupying a position permanently allocated by the Board of Supervisors as a part of the regular staffing of the department. Grievance - A grievance is a complaint relating to any phase of an employee’s employment or working conditions which the employee believes has been adversely affected because of a misapplication of: A Memorandum of Understanding, Ordinance, Resolution, written policy, administrative order, management directive, or a clearly established lawful past practice; provided, however, that such complaint shall not include an action subject to the jurisdiction of the Civil Service Commission or any other matters which are otherwise reviewable pursuant to another administrative remedy. Grievance Committee - This committee shall be composed of the following three (3) members: 1. The grievant shall select one (1) member who shall serve voluntarily without

compensation, unless that member is a County employee. In that case, the employee shall receive normal compensation when serving during regular working hours. No overtime shall be paid when part or all of the process occurs outside regular working hours. This member shall not be a party of interest (i.e., same department and/or same job classification) to the grievance.

2. The County representative, who shall not be an employee of the same department as the

grievant. 3. An individual selected by the employee or their representative and Labor Relations from a

panel of five (5) candidates submitted by the California Department of Industrial Relations State Mediation and Conciliation Service. Said member so selected shall serve as Chairperson.

Group Grievance - A common grievance involving two (2) or more employees. Parties - Reference to parties in this procedure include the employee or their representative (as indicated on the Grievance Form), department management, and Labor Relations staff, depending on the context of the particular reference.

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Representative - The person identified by the employee on the Grievance Form to appear along with the employee in the presentation of a grievance, beginning at the Step 1 level. Work Day - The time period for grievance purposes begins on the first day following the day the grievance is filed or submitted to the next step. The work day to be utilized will be the employee’s work day if the burden is on the employee to respond, or will be the supervisor manager/department liaison’s/Labor Relations staff work day if the burden is on them to respond. For informational purposes only, a copy of the Employee Grievance Resolution Form is attached to this MOU as an Addendum.

ARTICLE 73 – DISABILITY INSURANCE Employees of this Unit shall participate in the State Disability Insurance Program effective as soon as practicable. Such insurance shall be paid for by the employee and shall be subject to provisions as established by the County and the State of California. SEIU – Local 535 reserves the right to continue the current CIGNA disability plan for a period not to exceed six months after the established effective date of the State Disability Insurance Program.

ARTICLE 74 – OVERTIME/PRODUCTIVE TIME 1. All overtime at the Jail and all Juvenile Institutions’ facilities will be assigned in the

following manner: a. Volunteers may sign up for overtime on a first come, first serve basis. Overtime shifts

will be posted in a central location. b. Involuntary overtime will be assigned in the inverse order of seniority. 2. All employees covered by this MOU shall be paid at the rate of time and one-half (1½) for

overtime worked. In determining whether or not overtime hours have been worked, only productive work hours (actual hours worked) shall apply. Time off for a holiday during the pay period in which the holiday occurs shall be considered productive time. Overtime is authorized work performed by employees in excess of eight (8) hours a day or over forty (40) hours in a work week which will be paid at time and one-half (1½) of the employee’s base rate of pay unless the overtime meets the definition of overtime under the provisions of FLSA. In the latter instance, overtime shall be calculated at the rate of one and one-half (1½) times the employee’s regular rate of pay, as defined by provisions of the FLSA.

2. Consistent with other provisions of this MOU and the Salary Resolution, overtime shall

also include all authorized consecutive hours worked over eight (8) hours in a day and which extend into a new day. This provision shall include hours worked before or at the end of a normal work schedule. However, overtime paid in this setting shall not be included in any overtime/double-time overtime computation for regularly assigned work hours on the new day.

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ARTICLE 75 – CHILD SUPPORT OFFICERS CONFERENCE

The County and Union agree that should Child Support Officers attend conferences approved by the department head, conference-related expenses will be reimbursed. Moreover, the Union understands that this MOU may restrict reimbursement to employees wishing to attend a conference without department head approval.

ARTICLE 76 – BEREAVEMENT LEAVE Each employee occupying a permanent position shall be eligible for paid Bereavement Leave up to a maximum of thirty-two (32) hours per bereavement for the death of a qualifying relative, defined as the employee’s husband, wife, parent, brother, sister, child, grandparent, or grandchild, or these same relationships by affinity. Affinity shall be defined as relationship by marriage, excluding relationships which are excluded through final dissolution of marriage. Employees granted Bereavement Leave shall only be paid for any work hours regularly scheduled, but not worked. Employees taking Bereavement Leave shall submit a statement under penalty of perjury on a form provided by the County stating the name of the deceased, place of death, relationship to the employee, and circumstance showing that the time taken as Bereavement Leave was reasonably necessary in order for the employee to attend to any necessary family obligations.

ARTICLE 77 – SWAP

This agreement shall allow employees in the classifications of Correctional Officer II/III/IV, Security Officer I/II and Juvenile Correctional Officer I, II and Senior Juvenile Correctional Officer to exchange work days or work hours: 1. Up to five (5) employees may be involved in any SWAP. 2. In the Probation Department, employees must work in the same institution. 3. Employees must be of same job classification and possess similar job skills to perform

assignment. 4. Employees must agree to the SWAP time. 5. The SWAP must occur within 90 calendar days for the classifications of Correctional

Officer II/III/IV. For the classifications of Security Officer I/II and Juvenile Correctional Officer I/II/Senior, the SWAP must occur within two pay periods.

6. No County overtime or FLSA overtime shall result from employees electing to SWAP time. 7. Only one SWAP (up to 5 work days) per pay period.

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8. The proper form must be completed by both employees and submitted to the involved

watch commander, Supervising Juvenile Correctional Officer or Supervising Security Officer for approval at least ten days in advance of the proposed SWAP. The watch commander, Supervising Juvenile Correctional Officer or Supervising Security Officer shall either approve or disapprove the SWAP for cause. No employee can be required to request Annual Leave time off prior to taking the same time off via this article.

9. Should any employee not complete the terms of the agreed SWAP for reasons other than

OJI, they may have further participation withheld in addition to any disciplinary action for cause.

10. The County and the Union agree to reopen this article six (6) months from the effective

date of this MOU.

ARTICLE 78 -- SAFETY RETIREMENT – JUVENILE CORRECTIONAL OFFICER CLASSIFICATION SERIES

The parties agree, if legally permissible, that by July 1, 2004, the provisions of Government Code Sections 31469.1, 31469.3 and 31469.4 (Safety Retirement) shall be extended on a prospective basis to all employees in the Juvenile Correctional Officer classification series. The retirement fund costs as determined by an actuary associated with this new benefit level (employer and employee retirement contributions) shall be borne by employees, both at the point of conversion to safety retirement and on an ongoing basis, as determined by the regular analysis commissioned by the Fresno County Employees Retirement Association. Contributions computed at the General member rate shall continue to be borne by the employee and County of Fresno at the actuarially established contribution rates. That amount of the employees’ additional retirement contribution associated with safety retirement (for the employer and employee basic benefit contribution and any cost of living or supplemental contributions required), shall be deducted from the employees’ pay each pay period and shall be reflected as a separate deduction from any amount(s) computed at the General member contribution rates. The County of Fresno and SEIU – Local 535 agree to delay the July 1, 2004 implementation date as detailed in this Article to an effective date in the future, which shall be mutually agreed upon by both parties.

ARTICLE 79 – BENCHMARK CLASSIFICATION SALARY SURVEY

The County agrees to conduct a 13 County (listed below) Salary Survey of all benchmark experienced level classifications represented by SEIU – Local 535, excluding bargaining Unit 36, Supervisory classifications. The survey shall also include the City of Fresno and the State of California. (With respect to Unit 36, the County will include those supervisory classifications whose benchmark classifications are not represented by SEIU – Local 535). The parties agree to meet and confer over equity adjustments upon completion of the Survey but no later than March 31, 2008. The parties further agree to meet and confer on an

Unit 2 – MOU – 10/25/04 – 10/30/11 40

individual bargaining unit basis (no coalition bargaining). Any salary equity adjustments agreed to would become effective with the 2008/2009 Fiscal Year. In no event shall any equity adjustments agreed to become effective retroactively. The parties agree to meet just prior to the commencement of the survey to discuss methodology, specific concerns and perspectives.

The following 13 Counties shall be included in the Salary Survey:

• Contra Costa * • Kern * • Kings • Madera • Merced • Riverside * • Sacramento * • San Joaquin * • San Mateo * • Santa Barbara * • Stanislaus • Tulare • Ventura *

* Traditional Eight (8) County survey.

ARTICLE 80 – SETTLEMENT AGREEMENT

Notwithstanding the County’s position that striking employees were engaged in unprotected activity, the County agrees to treat striking employees as if they were engaging in protected activity within the meaning of M.M.B.A. In addition, Local 535 and the County agree to dismiss any and all proceedings, including administrative as well as court matters, presently filed and to waive and release any claims each may have against each other or the agents, officers, employees, members, or representatives of the other arising directly or indirectly out of the strike.

ARTICLE 81 – CHILD CARE FACILITY The County agrees to continue exploring the possibility of creating a child care facility for use by County employees.

ARTICLE 82 – JCO BOOT ALLOWANCE The Probation Department shall provide boots for those employees in the classifications of Juvenile Correctional Officer I/II and Senior who are required to wear only boots by the Chief Probation Officer as part of their uniform.

Unit 2 – MOU – 10/25/04 – 10/30/11 41

ARTICLE 83 – EMPLOYEE ASSISTANCE PROGRAM

The County and SEIU – Local 535 agree that within 30 days of the adoption of the MOU, representatives of the County and SEIU – Local 535 agree to meet to discuss Fresno County’s Employee Assistance Program.

ARTICLE 84 – MEET AND CONFER REQUIREMENTS California Government Code, Section 3500 (The Meyers-Milias-Brown Act), is attached as an addendum to this MOU.

ARTICLE 85 – VOLUNTARY FURLOUGH LEAVE PROGRAM

The County and SEIU – Local 535 agree that all employees covered by this MOU, with the exception of Correctional Officers and Juvenile Correctional Officers, shall have available to them the County Modified Voluntary Furlough Leave Program.

ARTICLE 86 – ALTERNATIVE WORK SCHEDULES The County and SEIU – Local 535 agree that within 60 days of the adoption of the MOU, representatives of the County and SEIU – Local 535 agree to meet and confer over the possibility of implementing alternative work schedules for the following classifications: 1. Security Officer I/II 2. Juvenile Correctional Officer I/II/Senior 3. Child Support Department

ARTICLE 87 – UNION LABEL The County agrees that any employee covered by this MOU will have the right to wear on their person and/or display in their workstation their Union affiliation. This includes buttons, lapel pins, and pens, unless doing so is contrary to the Fresno County Employee Relations Ordinance or a department policy/procedure.

ARTICLE 88 – CLASSIFICATION STUDY – PROGRAM TECHNICIAN The County agrees to conduct a classification study of the Program Technician classification series to determine if there exists a necessity to create new level within the classification series of Program Technician III. The studies will be completed within six months of the adoption of the MOU.

ARTICLE 89 – CLASSIFICATION STUDY – CHILD SUPPORT ASSISTANT The County agrees to conduct a classification study of the Child Support Assistant classification to determine if there exists a necessity to create a new classification of Child Support Assistant II. The study will be completed within six months of the adoption of the MOU.

Unit 2 – MOU – 10/25/04 – 10/30/11 42

ARTICLE 90 – WEINGARTEN RIGHTS

The County and SEIU 535 agree that it is in the best interest of both parties and the best interest of the County employees that all employees be informed of these rights. The County agrees that every employee who is subject to an administrative investigatory interview by management will be given a copy of their Weingarten rights and a form to indicate if he/she wishes to invoke his/her Weingarten Rights. The employee will be given time to read the form and mark if he/she wishes to have a representative in the meeting. The employee will then sign the form and be given a copy of the signed form. SEIU 535 and the County to mutually agree on the form. This article shall not be grievable or appealable, except for the employee’s right to appeal if their Weingarten rights are violated.

ARTICLE 91 – MONTHLY UNION/MANAGEMENT MEETINGS There shall be monthly Union/Management meetings, at the request of the Union or the department, in all departments covered by this M.O.U. between the Union representative, stewards and/or officers of this Unit and the department head or his/her designee.

ARTICLE 92 – EMPLOYEE PERFORMANCE EVALUATIONS It is in the best interest of the County and its employees to ensure that performance evaluations are completed in a timely manner pursuant to Personnel Rule 13 – Employee Performance Evaluations. Therefore, as it relates to Probationary Period and Annual – Anniversary Date performance evaluations, departments will send a written notification to the supervisor responsible for completing the evaluation and the employee being evaluated, no later than thirty (30) calendar days prior to the required evaluation date.

ARTICLE 93 – USE OF COUNTY MAIL SYSTEM SEIU – Local 535 may request that informational material be distributed to employees covered by this MOU via the County Inter-Office Mail system. All such requests must be submitted two weeks in advance of the proposed distribution date to the Personnel Services Manager – Labor Relations in writing with the informational material attached. If the Personnel Services Manager – Labor Relations authorizes the distribution of the information via the County Inter-Office Mail system, the Union will be notified and required to provide the appropriate number of copies, in addressed envelopes to the County Reprographics Manager for distribution.

ARTICLE 94 – PHYSICIAN’S STATEMENTS When an employee, after receipt of a counseling memo concerning attendance, is required by management to provide a physician’s statement for the purpose of verifying his/her or a family member’s illness which results in the employee being absent from work, the employee shall receive a notice in writing of this requirement and the notice shall inform the employee that all

Unit 2 – MOU – 10/25/04 – 10/30/11 43

future absences by the employee due to illness of the employee or a family member will require that the employee provide a physician’s statement verifying the illness. Sixty (60) working days after the date of the first physician’s statement received from the employee, management will re-evaluate the necessity of the provision physician’s statements and inform the employee of their decision in writing.

ARTICLE 95 – PUBLIC SERVICE RETIREMENT CREDIT The parties acknowledge that the Fresno County Board of Supervisors desires to adopt, through Resolution, provisions of the County Employees Retirement Law of 1937 (1937 Act) effective April 1, 2001, allowing employees who are members of the retirement system to purchase prior public service for retirement credit purposes. Consequently, SEIU – Local 535 agrees to the following terms and conditions which will be incorporated into the Board’s Resolution: 1. Those employees who are members of the Fresno County Retirement System as of April 1,

2001, will have until June 30, 2001, to request the purchase of prior public service credit; requests received after June 30, 2001, for this group of employees, will not be processed.

2. Those employees who become members of the Fresno County Retirement System after

April 1, 2001, will have a three-month period after they become members to request the purchase of prior public service credit; requests received after the three-month period will not be processed.

3. Employees may purchase up to a maximum of four (4) years of qualifying public service

credit. 4. Employees’ contributions associated with the purchase of public service credit shall be

made by lump sum payment or by installment payments, consistent with Section 31641.2, (a) and (b).

5. Consistent with Section 31641.95, the Board of Supervisors may at anytime discontinue

this option through Resolution.

ARTICLE 96 – ACCESS - FRESNO COUNTY PLAZA LOBBY The parties agree that the Fresno County Plaza Lobby will be available subject to all terms and conditions set forth in Memoranda of Understanding, the Fresno County Employee Relations Ordinance and/or Fresno County Management Directives. The parties further agree that the Fresno County Plaza Lobby shall be available, as identified on the attached addendum, provided space can be made available without interfering with County business and meetings are held outside affected employees’ regularly scheduled working hours.

Unit 2 – MOU – 10/25/04 – 10/30/11 44

ARTICLE 97 – JAIL STAFFING AND WORK SCHEDULE ISSUES

The parties have met and conferred over the impact of implementing several staffing and work schedule changes within the Jail. Having met and conferred the parties agree to the following: Deputy Sheriff’s Allocated to the Jail 1. Effective June 24, 2002 and remaining in effect through the term of the MOU, as

requested by the Sheriff and as approved by the Board pursuant to Salary Resolution #01-034, Forty (40) Deputy Sheriffs positions are allocated to the Jail.

2. Deputy Sheriff incumbents assigned to the Jail will perform all detention-related duties and

responsibilities, including full peace officer duties where necessary. 3. Deputy Sheriff incumbents will be supervised/lead through the appropriate chain of

command (e.g., Correctional Officer IVs, Correctional Sergeants, and Correctional Lieutenants).

4. The parties agree to meet and confer prior to changing the correctional officer supervision

structure in the jail. Seniority Shift Selection – Deputy Sheriffs In regards to both shift selection and vacation scheduling in the Jail, department management will identify the number of slots available, and Deputy Sheriffs will “bid” for those slots based on current departmental procedures as utilized in the Jail (Deputy Sheriff seniority will be blended with Correctional Officers. Deputy Sheriff seniority for this purpose will only be time assigned to the Jail.) Flexible Work Schedules SEIU – Local 535 and Sheriff’s Department management will form a four member Labor/Management committee to look at flexible work schedules and the feasibility of using those types of schedules in addition to a 5/8 schedule in the Jail. This committee will begin its work immediately and report back with a recommendation to the Sheriff within 30 days. The parties agree to resume negotiations over any recommended flexible work schedules following approval by the Sheriff. Any changes that implement flexible work schedules for Correctional Officers must be mutually agreed upon. Career Development 1. Those Correctional Officers that desire to promote/demote to Deputy Sheriff positions

shall, in addition to meeting the established minimum qualifications, participate in a departmental selection process, as authorized by Department of Personnel Services, for the Deputy Sheriff series. Those individuals selected by the Sheriff shall be allowed to attend peace officer academy or its equivalent at the expense to the County (i.e., County-paid salary, tuition and materials cost).

Unit 2 – MOU – 10/25/04 – 10/30/11 45

2. Any employee so selected, would either promote or demote into the Deputy Sheriff series.

Those employees demoting shall do so without any loss in current base compensation (their salary would be y-rated until they are promoted to a level in the Deputy Sheriff classification series where there is a step that exceeds their y-rated salary). Any employee who possesses a current certificate of completion of a Basic P.O.S.T. academy will be promoted to a Deputy Sheriff II at minimum.

3. Prior to being employed as a Deputy Sheriff, but after a conditional job offer is made, the

employee shall be required to pass a medical examination (Group 5) and psychological examination (only if psychological examination is different for a Deputy Sheriff than the one administered to the employee before being hired as a Correctional Officer). The employee shall not be required to undergo polygraph testing or a second background investigation. Any employee who is unsuccessful in the medical examination or psychological examination shall not be selected as a Deputy Sheriff, and will remain as a Correctional Officer.

ARTICLE 98 – FULL UNDERSTANDING

It is intended that this MOU sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other previous understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded and terminated in their entirety. With respect to sideletter agreements, all previously existing sideletter agreements and sideletter agreements entered into during the term of this MOU shall continue in force subject to the terms and conditions set forth within each sideletter. Further, neither party shall be bound by any promise or assurance that is not explicitly covered in this MOU or in a sideletter agreement signed by both parties. This MOU shall govern in case of conflict with provisions of existing County ordinances, rules, and regulations pertaining to wages, hours, and other terms and conditions of employment but otherwise such ordinances, rules, and regulations shall be effective and the Board of Supervisors and other County boards and commissions retain the power to legislate pertaining to such matters subject to compliance with the Meyers-Milias-Brown Act and other applicable provisions of law provided such actions are not in conflict with the provisions of this MOU.

ARTICLE 99 - TWO-TIER RETIREMENT – VOLUNTARY (SUNSETS JUNE 17, 2007)

Effective July 1, 2005, the County of Fresno and SEIU – Local 535 agree to extend to employees in classifications covered by this MOU the voluntary option of utilizing a lower retirement tier. The lower retirement tier, if selected by the employee, shall be as follows: 1. General Members – 2% at 55 years of age. (GC 31676.16) 2. Safety Members – 3% at 55 years of age. (GC 31664.2) If employees in the Juvenile

Correctional Officer classification series select this option, it shall be applied as agreed upon in Article 78 of this MOU.

3. The parties agree that the above alternative options shall sunset with the end of Fresno County Fiscal Year 2008-2009.

Unit 2 – MOU – 10/25/04 – 10/30/11 46

4. The parties agree that the Retirement Association shall provide retirement rate and

retirement benefit information to employees considering opting into a lower retirement tier. This information shall be on the form the employee signs to opt into a lower retirement benefit tier.

ARTICLE 100 – TWO-TIER RETIREMENT – MANDATORY (EFFECTIVE JUNE 18, 2007)

Effective Fiscal Year 2007/2008, any employee hired into a permanent general/miscellaneous or safety position represented by SEIU – Local 535 shall be enrolled mandatorily under the following corresponding 1937 Act retirement plan sections:

General/Miscellaneous Employees – GC Section 31676.15

2.6186% @ age 60; 3.1336% @ age 65 3 year average for final compensation

Safety Employees – GC Section 31664.2

3% at 55 years of age 1 year average for final compensation

Any employee occupying a permanent position, who promotes, demotes, or transfers into a permanent position, shall continue under the retirement plan section (e.g., Tier I, Tier II, etc.) which they were enrolled in immediately prior to their promotion, demotion, or transfer.

Any employee who has deferred their retirement, pursuant to provisions of the 1937 Act, and subsequently reactivates participation in the retirement plan shall be given the option to continue under the retirement plan section (e.g., Tier I, Tier II, etc.) that they were enrolled in prior to deferral. Effective Fiscal Year 2007/2008, any employee who opted to change their retirement benefit from Tier I (2.5% @ age 55) to Section 31676.16 of the 1937 Act shall be enrolled into Section 31676.15 of the 1937 Act.

ARTICLE 101 - MOU REOPENERS

The County of Fresno and SEIU – Local 535 agree to meet and confer, by bargaining unit, over the following non-economic issues: 1. Contracting Out – Both parties agree to develop factors the Board of Supervisors has to

consider prior to contracting out. 2. Employee Evaluations – The parties agree to meet with department heads regarding

administration of current MOU performance evaluation language and reopen on this issue in December of 2006.

3. Shop Stewards Workload – The parties agree to reopen on this issue in December of 2006. In addition, the parties agree that this Unit shall be allowed three (3) non-economic reopeners effective in December of 2006. The parties agree that this Unit will be allowed two (2) non-economic MOU reopeners effective

Unit 2 – MOU – 10/25/04 – 10/30/11 47

Unit 2 – MOU – 10/25/04 – 10/30/11 48

in October 2009. The County agrees to allow the Unit to share these two (2) MOU reopeners that are effective October 2009 with other SEIU-Local 535 bargaining units.

ARTICLE 102 – TERM AND SALARY ADJUSTMENT

Term October 25, 2004 through October 30, 2011. Salary Adjustment 2.50% Effective December 20, 2004. 2.75% Effective December 19, 2005. 3.50% Effective December 18, 2006. 2.00% Effective July 2, 2007. 3.50% Effective December 17, 2007. 3.00% Effective December 15, 2008. 3.00% Effective December 14, 2009. 3.00% Effective December 13, 2010.

ARTICLE 103 – SIXTH STEP ADDED

Effective June 18, 2007, one (1) additional salary range step (Step 6) shall be added to all classifications. Salary Resolution Section 411 shall continue to govern advancement to Step 6, with the exception that any incumbent employee advanced to Step 6 shall maintain their anniversary date. COUNTY OF FRESNO SEIU - LOCAL 535, UNIT 2 By______________________________ By______________________________ By______________________________ By______________________________ By______________________________ By______________________________ Date____________________________ Date____________________________

ADDENDUM NO. 1

TO MEMORANDUM OF UNDERSTANDING FOR SHERIFF’S AND PROBATION PERSONNEL - UNIT 2 (MOU Term: October 25, 2004 through October 30, 2011)

SALARIES RECOMMENDED SALARY RANGES AND EFFECTIVE DATES

ClassificationsCurrent Range

Effective 12/20/04

Effective 12/19/05

Effective 10/9/06

Effective 12/18/06

Effective 7/2/07

Effective 12/17/07

Effective 12/15/08

Effective 12/14/09

Effective 12/13/10

Child Support Assistant 940 964 991 1026

1047 1084 1117 1151 1186Child Support Officer I 970 994 1021 1057 1078 1116 1149 1183 1218Child Support Officer II 1175 1204 1237 1280 1306 1352 1393 1435 1478Child Support Officer III 1297 1329 1366 1414 1442 1492 1537 1583 1630Collections Officer 1109 1137 1168 1209 1233 1276 1314 1353 1394Correctional Officer I 1169 1198 1231 1274 1299 1344 1384 1426 1469Correctional Officer II 1296 1328 1365 1413 1441 1491 1536 1582 1629Correctional Officer III 1497 1534 1576 1631 1664 1722 1774 1827 1882Correctional Officer IV 1697 1739 1787 1850 1887 1953 2012 2072 2134Correctional Officer Trainee 1060 1087 1117 1156 1179 1220 1257 1295 1334Investigative Assistant 1065 1092 1122 1161 1184 1225 1262 1300 1339Juvenile Correctional Officer I 1085 1112 1143 1183 1207 1249 1286 1325 1365Juvenile Correctional Officer II 1328 1361 1398 1447 1476 1528 1574 1621 1670Process Server 1055 1081 1111 1150 1173 1214 1250 1288 1327Probation Technician I 968* 1002 1022 1058 1090 1123 1157Probation Technician II 1088* 1126 1149 1189 1225 1262 1300Program Technician I 1088 1115 1146 1186 1210 1252 1290 1329 1369Program Technician II 1218 1248 1282 1327 1354 1401 1443 1486 1531

Unit 2 – Addendum 1 – Salaries - 10/25/04 – 10/30/11

1

Unit 2 – Addendum 1 – Salaries - 10/25/04 – 10/30/11

2

SALARIES

RECOMMENDED SALARY RANGES AND EFFECTIVE DATES (Continued)

Classifications

Current Range

Effective 12/20/04

Effective 12/19/05

Effective 10/9/06

Effective 12/18/06

Effective 7/2/07

Effective 12/17/07

Effective 12/15/08

Effective 12/14/09

Effective 12/13/10

Security Officer I

770 789 811 839 856 886 913 940 968Security Officer II 866 888 912 944 963 997 1027 1058 1090Senior Child Support Officer 1428 1464 1504 1557 1588 1644 1693 1744 1796Senior Juvenile Correctional Officer 1531 1569 1612 1668 1701 1761 1814 1868 1924

* Probation Technician series added to Unit 2 effective October 9, 2006

Unit 2 – Addendum – Health Program Review

ADDENDUM TO MEMORANDUM OF UNDERSTANDING

FOR SEIU – LOCAL 535, UNITS 2, 3, 4, 11, 12 & 31 October 25, 2004 through October 30, 2011

HEALTH PROGRAM REVIEW

The parties agree there are several relevant issues concerning the County’s Health Insurance Program that deserve additional review and consideration. Consequently, the parties agree to continue to meet in coalition regarding the issues listed below, and any other related issue(s). 1. Cafeteria Plan 2. The number of health plan options 3. Health Plan utilization 4. Affiliation with PERS 5. Self-insured structure This review will begin after conclusion of the Plan Year 2000 open enrollment process. Any proposed change resulting from this review shall not be implemented without mutual agreement of the parties.

ADDENDUM

TO MEMORANDUM OF UNDERSTANDING FOR SEIU – LOCAL 535 – UNIT 2

EMPLOYEE GRIEVANCE RESOLUTION FORM Please be sure to read the entire attached procedure, including the definitions, before completing this form. Employee Name(s) Classification(s) Department(s) Bargaining Unit Mailing Address Work Phone(s)

Check box if this is a group grievance (two signatures required on page 2)

DESCRIPTION OF GRIEVANCE 1. List the date the alleged grievance occurred or was discovered: 2. I feel I have been adversely affected by the misapplication of:

Memorandum of Understanding (Title and Article):

Ordinance (Section):

Resolution (Number and Date):

Written Policy (Attach a Copy)

Management Directive (Attach a Copy)

Administrative Order (Attach a Copy)

Clearly established lawful past practice. (Documentation that this is a past practice should be attached.)

3. State as clearly and concisely as possible the specifics of your alleged grievance. Use

additional paper is necessary.

Unit 2 – Addendum – Employee Grievance Resolution Form 1

4. Was this problem discussed through the normal chain of command? (optional) Yes No

If yes, please identify person(s) you spoke with: 5. List your desired solution(s) to this problem: 6. Name/phone number of representative, if any: 7. Should all communication be directed to your representative? Yes No

Employee Signature

Print Name

Date

Employee Signature

Print Name

Date

Note: A copy of this grievance form must be sent to the Labor Relations Division, Fresno County Plaza, 2220 Tulare Street, 14th Floor, Fresno, California, 93721

(Stop #188 through County Messenger Service – 488-3048)

STEP 1 – DEPARTMENT LIAISON REVIEW

1. Department liaison: 2. Date grievance submitted to department liaison: 3. Date of initial department liaison response: 4. Date of department liaison conference (if applicable):

Unit 2 – Addendum – Employee Grievance Resolution Form 2

5. Department liaison decision: Department Liaison Signature Date

NOTE: Department liaison must return original grievance form to the employee or their representative (if identified on this form) and send a copy to the

Labor Relations Division – Stop #188 (488-3048)

STEP 2 – LABOR RELATIONS REVIEW

1. Date grievance form received by Labor Relations: 2. Labor Relations staff assigned to this grievance: 3. Date of Labor Relations Division conference (if necessary): 4. Labor Relations response: ____________________________________ ______________

Labor Relations Staff Signature Date NOTE: Labor Relations staff must return a copy of the grievance form to the employee or their representative (if identified on this form) and send a copy to department liaison.

Unit 2 – Addendum – Employee Grievance Resolution Form 3

MEDIATION

1. Name of State Mediator: 2. Date of Mediation Conference:

GRIEVANCE RESOLUTION – CHECK APPROPRIATE BOXES

Grievance withdrawn – problem resolved at: Step 1 Step 2 Mediation

Problem not resolved – request review by a grievance committee (Step 3) ________________________________ ___________ Employee or Representative Signature Date

Note: A copy of this grievance form must be forwarded to the Labor Relations Division, Fresno County Plaza, 2220 Tulare Street, 14th Floor, Fresno, California, 93721

(Stop #188 through County Messenger Service – 488-3048)

Unit 2 – Addendum – Employee Grievance Resolution Form 4

Unit 2 – Addendum – JCO Classification Series 1

ADDENDUM TO MEMORANDUM OF UNDERSTANDING FOR

SEIU – LOCAL 535, UNITS 2 & 36 October 25, 2004 through October 30, 2011

JUVENILE CORRECTIONAL OFFICER CLASSIFICATION SERIES The parties have met and conferred regarding the impact of the decision to merge the Group Counselor and Custodial Care Officer classification series into the Juvenile Correctional Officer (JCO) classification series and, as a result of impasse, the following actions are being recommended: 1. Effective Date: The effective date of this agreement is the payperiod following Board of

Supervisor’s approval. 2. Titles/Salary: Eff. 4/29/02 Eff. 12/9/02 JCO I 1043 1085 JCO II 1277 1328 Sr. JCO 1472 1531 Supervising JCO 1667 1734 3. Reclassification of Incumbents (Effective 4/29/02):

• All Custodial Care Officer (Range 825) and Senior Custodial Care Officer (Range 927) incumbents will be reclassified upward to JCO I (Range 1043).

• Group Counselor I (Range 1095) incumbents will be reclassified downward to JCO I (Range 1043). (Incumbents currently at Step 1 of the Group Counselor I range will go to Step 2 of JCO I, and will be eligible for a step increase to Step 3 after completion of 13 pay periods pursuant to the Salary Resolution.)

• Group Counselor II and above incumbents will be laterally reclassified to the corresponding JCO series title.

4. Meet and Confer Regarding Parity: The County agrees to continue to meet and confer with

SEIU – Local 535 regarding establishing salary parity for the Juvenile Correctional Officer with the Correctional Officer classification series.

5. Group Counselors: Incumbents will continue to be eligible to promote within the Juvenile

Correctional Officer series based on the substitution Minimum Qualifications (MQ) pattern which was in place prior to the reclassification as stated on the Group Counselor class specifications dated 6/23/99 and 6/25/99 (see attached MQs). This would include individuals requesting reinstatement pursuant to the Personnel Rules within one year of the effective date of the reclassification.

6. Custodial Care Officers: Incumbents with a minimum of 3 years of experience as a

Custodial Care Officer or 2 years as a Senior Custodial Care Officer with Fresno County may waive the education MQ to be eligible to promote to JCO II. In addition, promotion to JCO II and above will be based on the MQ pattern which was in place prior to the reclassification as stated on the Group Counselor class specifications dated 6/23/99 and

Unit 2 – Addendum – JCO Classification Series 2

6/25/99 (see attached MQs). This would include individuals requesting reinstatement pursuant to the Personnel Rules within one year of the effective date of the reclassification. In addition, current Custodial Care Officer incumbents may request a waiver of the educational requirements pursuant to Personnel Rule 11, Section 11012.2.

Custodial Care Officer incumbents will be eligible for promotion to JCO II in one year (May 5, 2003).

7. Seniority: For purposes of Article 62, seniority will be based on years of service within classification (i.e., for JCO I/II seniority for current CCO and GC incumbents will be merged together).

Unit 2 – Addendum – JCO Classification Series 3

ALTERNATIVE MQ (EXPERIENCE AND EDUCATION) PATTERN FOR CURRENT CUSTODIAL CARE OFFICERS AND GROUP COUNSELORS

JUVENILE CORRECTIONAL OFFICER II:

Education: Completion of thirty (30) units of academic college work from an accredited college or university that is acceptable within the United States.

Experience: One (1) year of full-time paid work experience as a Custodial Care Officer

in a Fresno County Juvenile Institution, or equivalent experience in a juvenile or adult commitment/detention facility, correctional facility, military, or law enforcement experience.

AND One (1) year of full-time paid work experience as a Juvenile Correctional Officer in a Fresno County Juvenile Institution, or equivalent experience in a juvenile or adult commitment/detention facility.

OR Experience: Three (3) years of full-time paid work experience as a Custodial Care

Officer in a Fresno County Juvenile Institution or two (2) years experience as a Senior Custodial Care Officer. (No education required).

AND One (1) year of full-time paid work experience as a Juvenile Correctional Officer in a Fresno County Juvenile Institution, or equivalent experience in a juvenile or adult commitment/detention facility.

SENIOR JUVENILE CORRECTIONAL OFFICER:

Education: Completion of thirty (30) units of academic college work form an accredited college or university that is acceptable within the United States.

Experience: One (1) year of full-time paid work experience as a Custodial Care Officer

in a Fresno County Juvenile Institution, or equivalent experience in a juvenile or adult commitment/detention facility, correctional facility, military, or law enforcement experience.

AND Two (2) years of full-time paid work experience as a Juvenile Correctional Officer in a Fresno County Juvenile Institution, or equivalent experience in a juvenile or adult commitment/detention facility.

Unit 2 – Addendum – Extension of Paid Military Leave

ADDENDUM TO MEMORANDUM OF UNDERSTANDING FOR

SEIU – LOCAL 535, UNITS 2, 3, 4, 11, 12, 22, 31 & 36 October 25, 2004 through October 30, 2011

EXTENSION OF PAID MILITARY LEAVE The parties acknowledge that the Fresno County Board of Supervisors desires to adopt, through Resolution, provisions that would grant additional military benefits to bargaining unit members pursuant to California Military and Veterans Code Section 395.03. The parties agree to the following: 1. Bargaining unit members shall have the same options available to them as were

granted to management and unrepresented employees under the Board’s Resolution adopted on October 16, 2001 (attached).

2. Bargaining unit members, for military leave purposes, may receive voluntary Annual

Leave or Vacation Leave donations from County employees on a pay period by pay period basis, based on employee need. This provision is temporary in nature and made under the following conditions:

A) Bargaining unit members must be permanent County employees called to active

duty from the California National Guard or United States Military Reserve in support of Operation Enduring Freedom.

B) The employee must have exhausted or is about to exhaust all of his/her Annual

Leave or Vacation Leave. 3. This Addendum sunsets on April 14, 2002, unless extended by the County of Fresno.

Unit 2 – Addendum – Meyers-Milias-Brown Act 1

ADDENDUM TO MEMORANDUM OF UNDERSTANDING FOR

SHERIFF’S AND PROBATION PERSONNEL - UNIT 2 (MOU Term: October 25, 2004 through October 30, 2011

CALIFORNIA GOVERNMENT CODE, SECTION 3500-3511

(The Meyers-Milias-Brown Act) 3500. (a) It is the purpose of this chapter to promote full communication between public employers

and their employees by providing a reasonable method of resolving disputes regarding wages, hours, and other terms and conditions of employment between public employers and public employee organizations. It is also the purpose of this chapter to promote the improvement of personnel management and employer-employee relations within the various public agencies in the State of California by providing a uniform basis for recognizing the right of public employees to join organizations of their own choice and be represented by those organizations in their employment relationships with public agencies. Nothing contained herein shall be deemed to supersede the provisions of existing state law and the charters, ordinances, and rules of local public agencies that establish and regulate a merit or civil service system or which provide for other methods of administering employer-employee relations nor is it intended that this chapter be binding upon those public agencies that provide procedures for the administration of employer-employee relations in accordance with the provisions of this chapter. This chapter is intended, instead, to strengthen merit, civil service and other methods of administering employer-employee relations through the establishment of uniform and orderly methods of communication between employees and the public agencies by which they are employed.

(b) The Legislature finds and declares that the duties and responsibilities of local agency employer representatives under this chapter are substantially similar to the duties and responsibilities required under existing collective bargaining enforcement procedures and therefore the costs incurred by the local agency employer representatives in performing those duties and responsibilities under this chapter are not reimbursable as state-mandated costs.

3500.5. This chapter shall be known and may be cited as the "Meyers-Milias-Brown Act." 3501. As used in this chapter:

(a) "Employee organization" means any organization which includes employees of a public agency and which has as one of its primary purposes representing those employees in their relations with that public agency.

(b) "Recognized employee organization" means an employee organization which has been formally acknowledged by the public agency as an employee organization that represents employees of the public agency.

(c) Except as otherwise provided in this subdivision, "public agency" means every governmental subdivision, every district, every public and quasi-public corporation, every public agency and public service corporation and every town, city, county, city and county and municipal corporation, whether incorporated or not and whether chartered or not. As used in this chapter, "public agency" does not mean a school district or a county board of education or a county superintendent of schools or a personnel commission in a school district having a merit system as provided in Chapter 5 (commencing with Section 45100) of Part 25 and Chapter 4 (commencing with Section 88000) of Part 51 of the Education Code or the State of California.

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(d) "Public employee" means any person employed by any public agency, including employees of the fire departments and fire services of counties, cities, cities and counties, districts, and other political subdivisions of the state, excepting those persons elected by popular vote or appointed to office by the Governor of this state.

(e) "Mediation" means effort by an impartial third party to assist in reconciling a dispute regarding wages, hours and other terms and conditions of employment between representatives of the public agency and the recognized employee organization or recognized employee organizations through interpretation, suggestion and advice.

(f) "Board" means the Public Employment Relations Board established pursuant to Section 3541.

3501.5. As used in this chapter, "public agency" does not mean a superior court. 3502. Except as otherwise provided by the Legislature, public employees shall have the right to

form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. Public employees also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the public agency.

3502.1. No public employee shall be subject to punitive action or denied promotion, or threatened

with any such treatment, for the exercise of lawful action as an elected, appointed, or recognized representative of any employee bargaining unit.

3502.5. (a) Notwithstanding Section 3502 or 3502.6, or any other provision of this chapter, or any

other law, rule, or regulation, an agency shop agreement may be negotiated between a public agency and a recognized public employee organization which has been recognized as the exclusive or majority bargaining agent pursuant to reasonable rules and regulations, ordinances, and enactments, in accordance with this chapter. As used in this chapter, "agency shop" means an arrangement that requires an employee, as a condition of continued employment, either to join the recognized employee organization, or to pay the organization a service fee in an amount not to exceed the standard initiation fee, periodic dues, and general assessments of the organization.

(b) In addition to the procedure prescribed in subdivision (a), an agency shop arrangement between the public agency and a recognized employee organization that has been recognized as the exclusive or majority bargaining agent shall be placed in effect, without a negotiated agreement, upon (1) a signed petition of 30 percent of the employees in the applicable bargaining unit requesting an agency shop agreement and an election to implement an agency fee arrangement, and (2) the approval of a majority of employees who cast ballots and vote in a secret ballot election in favor of the agency shop agreement. The petition may only be filed after the recognized employee organization has requested the public agency to negotiate on an agency shop arrangement and, beginning seven working days after the public agency received this request, the two parties have had 30 calendar days to attempt good faith negotiations in an effort to reach agreement. An election that may not be held more frequently than once a year shall be conducted by the Division of Conciliation of the Department of Industrial Relations in the event that the public agency and the recognized employee organization cannot agree within 10 days from the filing of the petition to select jointly a neutral person or entity to conduct the election. In the event of an agency fee arrangement outside of an agreement that is in effect, the recognized employee organization

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shall indemnify and hold the public agency harmless against any liability arising from any claims, demands, or other action relating to the public agency's compliance with the agency fee obligation.

(c) Any employee who is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations shall not be required to join or financially support any public employee organization as a condition of employment. The employee may be required, in lieu of periodic dues, initiation fees, or agency shop fees, to pay sums equal to the dues, initiation fees, or agency shop fees to a nonreligious, nonlabor charitable fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, chosen by the employee from a list of at least three of these funds, designated in a memorandum of understanding between the public agency and the public employee organization, or if the memorandum of understanding fails to designate the funds, then to any such fund chosen by the employee. Proof of the payments shall be made on a monthly basis to the public agency as a condition of continued exemption from the requirement of financial support to the public employee organization.

(d) An agency shop provision in a memorandum of understanding that is in effect may be rescinded by a majority vote of all the employees in the unit covered by the memorandum of understanding, provided that: (1) a request for such a vote is supported by a petition containing the signatures of at least 30 percent of the employees in the unit; (2) the vote is by secret ballot; (3) the vote may be taken at any time during the term of the memorandum of understanding, but in no event shall there be more than one vote taken during that term. Notwithstanding the above, the public agency and the recognized employee organization may negotiate, and by mutual agreement provide for, an alternative procedure or procedures regarding a vote on an agency shop agreement. The procedures in this subdivision are also applicable to an agency shop agreement placed in effect pursuant to subdivision (b).

(e) An agency shop arrangement shall not apply to management, confidential, or supervisory employees.

(f) Every recognized employee organization that has agreed to an agency shop provision or is a party to an agency shop arrangement shall keep an adequate itemized record of its financial transactions and shall make available annually, to the public agency with which the agency shop provision was negotiated, and to the employees who are members of the organization, within 60 days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to accuracy by its president and treasurer or corresponding principal officer, or by a certified public accountant. An employee organization required to file financial reports under the federal Labor-Management Disclosure Act of 1959 (29 U.S.C. Sec. 401 et seq.) covering employees governed by this chapter, or required to file financial reports under Section 3546.5, may satisfy the financial reporting requirement of this section by providing the public agency with a copy of the financial reports.

3503. Recognized employee organizations shall have the right to represent their members in their

employment relations with public agencies. Employee organizations may establish reasonable restrictions regarding who may join and may make reasonable provisions for the dismissal of individuals from membership. Nothing in this section shall prohibit any employee from appearing in his own behalf in his employment relations with the public agency.

3504. The scope of representation shall include all matters relating to employment conditions and

employer-employee relations, including, but not limited to, wages, hours, and other terms and conditions of employment, except, however, that the scope of representation shall not include

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consideration of the merits, necessity, or organization of any service or activity provided by law or executive order.

3504.5. (a) Except in cases of emergency as provided in this section, the governing body of a public

agency, and boards and commissions designated by law or by the governing body of a public agency, shall give reasonable written notice to each recognized employee organization affected of any ordinance, rule, resolution, or regulation directly relating to matters within the scope of representation proposed to be adopted by the governing body or the designated boards and commissions and shall give the recognized employee organization the opportunity to meet with the governing body or the boards and commissions.

(b) In cases of emergency when the governing body or the designated boards and commissions determine that an ordinance, rule, resolution, or regulation must be adopted immediately without prior notice or meeting with a recognized employee organization, the governing body or the boards and commissions shall provide notice and opportunity to meet at the earliest practicable time following the adoption of the ordinance, rule, resolution, or regulation.

(c) The governing body of a public agency with a population in excess of 4,000,000, or the boards and commissions designated by the governing body of such a public agency shall not discriminate against employees by removing or disqualifying them from a health benefit plan, or otherwise restricting their ability to participate in a health benefit plan, on the basis that the employees have selected or supported a recognized employee organization. Nothing in this section shall be construed to prohibit the governing body of a public agency or the board or commission of a public agency and a recognized employee organization from agreeing to health benefit plan enrollment criteria or eligibility limitations.

3505. The governing body of a public agency, or such boards, commissions, administrative officers

or other representatives as may be properly designated by law or by such governing body, shall meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of such recognized employee organizations, as defined in subdivision (b) of Section 3501, and shall consider fully such presentations as are made by the employee organization on behalf of its members prior to arriving at a determination of policy or course of action. "Meet and confer in good faith" means that a public agency, or such representatives as it may designate, and representatives of recognized employee organizations, shall have the mutual obligation personally to meet and confer promptly upon request by either party and continue for a reasonable period of time in order to exchange freely information, opinions, and proposals, and to endeavor to reach agreement on matters within the scope of representation prior to the adoption by the public agency of its final budget for the ensuing year. The process should include adequate time for the resolution of impasses where specific procedures for such resolution are contained in local rule, regulation, or ordinance, or when such procedures are utilized by mutual consent.

3505.1. If agreement is reached by the representatives of the public agency and a recognized

employee organization or recognized employee organizations, they shall jointly prepare a written memorandum of such understanding, which shall not be binding, and present it to the governing body or its statutory representative for determination.

3505.2. If after a reasonable period of time, representatives of the public agency and the recognized

employee organization fail to reach agreement, the public agency and the recognized employee organization or recognized employee organizations together may agree upon the appointment of a mediator mutually agreeable to the parties. Costs of mediation shall be

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divided one-half to the public agency and one-half to the recognized employee organization or recognized employee organizations.

3505.3. Public agencies shall allow a reasonable number of public agency employee representatives

of recognized employee organizations reasonable time off without loss of compensation or other benefits when formally meeting and conferring with representatives of the public agency on matters within the scope of representation.

3505.4. If after meeting and conferring in good faith, an impasse has been reached between the

public agency and the recognized employee organization, and impasse procedures, where applicable, have been exhausted, a public agency that is not required to proceed to interest arbitration may implement its last, best, and final offer, but shall not implement a memorandum of understanding. The unilateral implementation of a public agency's last, best, and final offer shall not deprive a recognized employee organization of the right each year to meet and confer on matters within the scope of representation, whether or not those matters are included in the unilateral implementation, prior to the adoption by the public agency of its annual budget, or as otherwise required by law.

3506. Public agencies and employee organizations shall not interfere with, intimidate, restrain,

coerce or discriminate against public employees because of their exercise of their rights under Section 3502.

3507. A public agency may adopt reasonable rules and regulations after consultation in good faith

with representatives of an employee organization or organizations for the administration of employer-employee relations under this chapter (commencing with Section 3500). Such rules and regulations may include provisions for (a) verifying that an organization does in fact represent employees of the public agency (b) verifying the official status of employee organization officers and representatives (c) recognition of employee organizations (d) exclusive recognition of employee organizations formally recognized pursuant to a vote of the employees of the agency or an appropriate unit thereof, subject to the right of an employee to represent himself as provided in Section 3502 (e) additional procedures for the resolution of disputes involving wages, hours and other terms and conditions of employment (f) access of employee organization officers and representatives to work locations (g) use of official bulletin boards and other means of communication by employee organizations (h) furnishing nonconfidential information pertaining to employment relations to employee organizations (i) such other matters as are necessary to carry out the purposes of this chapter. Exclusive recognition of employee organizations formally recognized as majority representatives pursuant to a vote of the employees may be revoked by a majority vote of the employees only after a period of not less than 12 months following the date of such recognition. No public agency shall unreasonably withhold recognition of employee organizations.

3507.1. (a) Unit determinations and representation elections shall be determined and processed in

accordance with rules adopted by a public agency in accordance with this chapter. In a representation election, a majority of the votes cast by the employees in the appropriate bargaining unit shall be required.

(b) Notwithstanding subdivision (a) and rules adopted by a public agency pursuant to Section 3507, a bargaining unit in effect as of the effective date of this section shall continue in effect unless changed under the rules adopted by a public agency pursuant to Section 3507.

(c) A public agency shall grant exclusive or majority recognition to an employee organization based on signed petition, authorization cards, or union membership cards

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showing that a majority of the employees in an appropriate bargaining unit desire the representation, unless another labor organization has previously been lawfully recognized as exclusive or majority representative of all or part of the same unit. Exclusive or majority representation shall be determined by a neutral third party selected by the public agency and the employee organization who shall review the signed petition, authorization cards, or union membership cards to verify the exclusive or majority status of the employee organization. In the event the public agency and the employee organization cannot agree on a neutral third party, the Division of Conciliation of the Department of Industrial Relations shall be the neutral third party and shall verify the exclusive or majority status of the employee organization. In the event that the neutral third party determines, based on a signed petition, authorization cards, or union membership cards, that a second labor organization has the support of at least 30 percent of the employees in the unit in which recognition is sought, the neutral third party shall order an election to establish which labor organization, if any, has majority status.

3507.3. Professional employees shall not be denied the right to be represented separately from

nonprofessional employees by a professional employee organization consisting of such professional employees. In the event of a dispute on the appropriateness of a unit of representation for professional employees, upon request of any of the parties, the dispute shall be submitted to the Division of Conciliation of the Department of Industrial Relations for mediation or for recommendation for resolving the dispute. "Professional employees," for the purposes of this section, means employees engaged in work requiring specialized knowledge and skills attained through completion of a recognized course of instruction, including, but not limited to, attorneys, physicians, registered nurses, engineers, architects, teachers, and the various types of physical, chemical, and biological scientists.

3507.5. In addition to those rules and regulations a public agency may adopt pursuant to and in the

same manner as in Section 3507, any such agency may adopt reasonable rules and regulations providing for designation of the management and confidential employees of the public agency and restricting such employees from representing any employee organization, which represents other employees of the public agency, on matters within the scope of representation. Except as specifically provided otherwise in this chapter, this section does not otherwise limit the right of employees to be members of and to hold office in an employee organization.

3508. (a) The governing body of a public agency may, in accordance with reasonable standards,

designate positions or classes of positions which have duties consisting primarily of the enforcement of state laws or local ordinances, and may by resolution or ordinance adopted after a public hearing, limit or prohibit the right of employees in these positions or classes of positions to form, join, or participate in employee organizations where it is in the public interest to do so. However, the governing body may not prohibit the right of its employees who are full-time "peace officers," as that term is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, to join or participate in employee organizations which are composed solely of those peace officers, which concern themselves solely and exclusively with the wages, hours, working conditions, welfare programs, and advancement of the academic and vocational training in furtherance of the police profession, and which are not subordinate to any other organization.

(b) (1) This subdivision shall apply only to a county of the seventh class.

(2) For the purposes of this section, no distinction shall be made between a position designated as a peace officer position by Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code at the time of the enactment of the 1971 amendments to this section, and a welfare fraud investigator or inspector position designated as a

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peace officer position by any amendment to that Chapter 4.5 at any time after the enactment of the 1971 amendments to this section. (3) It is the intent of this subdivision to overrule San Bernardino County Sheriff's Etc. Assn. v. Board of Supervisors (1992) 7 Cal.App.4th 602, 611, with respect to San Bernardino County designating a welfare fraud investigator or inspector as a peace officer under this section.

(c) (1) This subdivision shall apply only to a county of the seventh class and shall not

become operative until it is approved by the county board of supervisors by ordinance or resolution. (2) For the purposes of this section, no distinction shall be made between a position designated as a peace officer position by Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code at the time of the enactment of the 1971 amendments to this section, and a probation corrections officer position designated as a peace officer position by any amendment to that Chapter 4.5 at any time after the enactment of the 1971 amendments to this section.

(3) It is the intent of this subdivision to overrule San Bernardino County Sheriff's Etc. Assn. v. Board of Supervisors (1992) 7 Cal.App.4th 602, 611, to the extent that it holds that this section prohibits the County of San Bernardino from designating the classifications of Probation Corrections Officers and Supervising Probation Corrections Officers as peace officers. Those officers shall not be designated as peace officers for purposes of this section unless that action is approved by the county board of supervisors by ordinance or resolution.

(4) Upon approval by the Board of Supervisors of San Bernardino County, this subdivision shall apply to petitions filed in May 2001 by Probation Corrections Officers and Supervising Probation Corrections Officers.

(d) The right of employees to form, join and participate in the activities of employee

organizations shall not be restricted by a public agency on any grounds other than those set forth in this section.

3508.1. For the purposes of this section, the term "police employee" includes the civilian employees

of the police department of any city. Police employee does not include any public safety officer within the meaning of Section 3301. (a) With respect to any police employee, except as provided in this subdivision and subdivision (d), no punitive action, nor denial of promotion on grounds other than merit, shall be undertaken for any act, omission, or other allegation of misconduct if the investigation of the allegation is not completed within one year of the public agency's discovery by a person authorized to initiate an investigation of the allegation of an act, omission, or other misconduct. This one-year limitation period shall apply only if the act, omission, or other misconduct occurred on or after January 1, 2002. In the event that the public agency determines that discipline may be taken, it shall complete its investigation and notify the police employee of its proposed disciplinary action within that year, except in any of the following circumstances:

(1) If the act, omission, or other allegation of misconduct is also the subject of a criminal investigation or criminal prosecution, the time during which the criminal investigation or criminal prosecution is pending shall toll the one-year time period. (2) If the police employee waives the one-year time period in writing, the time period shall be tolled for the period of time specified in the written waiver. (3) If the investigation is a multijurisdictional investigation that requires a reasonable extension for coordination of the involved agencies.

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(4) If the investigation involves more than one employee and requires a reasonable extension. (5) If the investigation involves an employee who is incapacitated or otherwise unavailable, the time during which the person is incapacitated or unavailable shall toll the one-year period.

(6) If the investigation involves a matter in civil litigation in which the police employee is named as a party defendant, the one-year time period shall be tolled while the civil action is pending. (7) If the investigation involves a matter in criminal litigation in which the complainant is a criminal defendant, the one-year time period shall be tolled during the period of that defendant's criminal investigation and prosecution. (8) If the investigation involves an allegation of workers'compensation fraud on the part of the police employee.

(b) When a predisciplinary response or grievance procedure is required or utilized, the time for this response or procedure shall not be governed or limited by this chapter.

(c) If, after investigation and predisciplinary response or procedure, the public agency decides to impose discipline, the public agency shall notify the police employee in writing of its decision to impose discipline, including the date that the discipline will be imposed, within 30 days of its decision, except if the police employee is unavailable for discipline.

(d) Notwithstanding the one-year time period specified in subdivision (a), an investigation

may be reopened against a police employee if both of the following circumstances exist:

(1) Significant new evidence has been discovered that is likely to affect the outcome of the investigation.

(2) One of the following conditions exists:

(A) The evidence could not reasonably have been discovered in the normal course of investigation without resorting to extraordinary measures by the agency.

(B) The evidence resulted from the police employee's predisciplinary response or procedure.

3508.5. (a) Nothing in this chapter shall affect the right of a public employee to authorize a dues or

service fees deduction from his or her salary or wages pursuant to Section 1157.1, 1157.2, 1157.3, 1157.4, 1157.5, or 1157.7.

(b) A public employer shall deduct the payment of dues or service fees to a recognized

employee organization as required by an agency shop arrangement between the recognized employee organization and the public employer.

(c) Agency fee obligations, including, but not limited to, dues or agency fee deductions on

behalf of a recognized employee organization, shall continue in effect as long as the employee organization is the recognized bargaining representative, notwithstanding the expiration of any agreement between the public employer and the recognized employee organization.

3509. (a) The powers and duties of the board described in Section 3541.3 shall also apply, as

appropriate, to this chapter and shall include the authority as set forth in subdivisions (b) and (c).

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(b) A complaint alleging any violation of this chapter or of any rules and regulations adopted

by a public agency pursuant to Section 3507 shall be processed as an unfair practice charge by the board. The initial determination as to whether the charge of unfair practice is justified and, if so, the appropriate remedy necessary to effectuate the purposes of this chapter, shall be a matter within the exclusive jurisdiction of the board. The board shall apply and interpret unfair labor practices consistent with existing judicial interpretations of this chapter.

(c) The board shall enforce and apply rules adopted by a public agency concerning unit

determinations, representation, recognition, and elections. (d) Notwithstanding subdivisions (a) to (c), inclusive, the employee relations commissions

established by, and in effect for, the County of Los Angeles and the City of Los Angeles pursuant to Section 3507 shall have the power and responsibility to take actions on recognition, unit determinations, elections, and all unfair practices, and to issue determinations and orders as the employee relations commissions deem necessary, consistent with and pursuant to the policies of this chapter.

(e) This section shall not apply to employees designated as management employees under

Section 3507.5. (f) The board shall not find it an unfair practice for an employee organization to violate a

rule or regulation adopted by a public agency if that rule or regulation is itself in violation of this chapter. This subdivision shall not be construed to restrict or expand the board's jurisdiction or authority as set forth in subdivisions (a) to (c), inclusive.

3509.5. (a) Any charging party, respondent, or intervenor aggrieved by a final decision or order of

the board in an unfair practice case, except a decision of the board not to issue a complaint in such a case, and any party to a final decision or order of the board in a unit determination, representation, recognition, or election matter that is not brought as an unfair practice case, may petition for a writ of extraordinary relief from that decision or order. A board order directing an election may not be stayed pending judicial review.

(b) A petition for a writ of extraordinary relief shall be filed in the district court of appeal

having jurisdiction over the county where the events giving rise to the decision or order occurred. The petition shall be filed within 30 days from the date of the issuance of the board's final decision or order, or order denying reconsideration, as applicable. Upon the filing of the petition, the court shall cause notice to be served upon the board and thereafter shall have jurisdiction of the proceeding. The board shall file in the court the record of the proceeding, certified by the board, within 10 days after the clerk's notice unless that time is extended by the court for good cause shown. The court shall have jurisdiction to grant any temporary relief or restraining order it deems just and proper, and in like manner to make and enter a decree enforcing, modifying, and enforcing as modified, or setting aside in whole or in part the decision or order of the board. The findings of the board with respect to questions of fact, including ultimate facts, if supported by substantial evidence on the record considered as a whole, shall be conclusive. Title 1 (commencing with Section 1067) of Part 3 of the Code of Civil Procedure relating to writs shall, except where specifically superseded by this section, apply to proceedings pursuant to this section.

(c) If the time to petition for extraordinary relief from a board decision or order has expired, the board may seek enforcement of any final decision or order in a district court of appeal or superior court having jurisdiction over the county where the events giving rise to the decision or order occurred. The board shall respond within 10 days to any inquiry from a party to the

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action as to why the board has not sought court enforcement of the final decision or order. If the response does not indicate that there has been compliance with the board's final decision or order, the board shall seek enforcement of the final decision or order upon the request of the party. The board shall file in the court the record of the proceeding, certified by the board, and appropriate evidence disclosing the failure to comply with the decision or order. If, after hearing, the court determines that the order was issued pursuant to the procedures established by the board and that the person or entity refuses to comply with the order, the court shall enforce the order by writ of mandamus or other proper process. The court may not review the merits of the order.

3510. (a) The provisions of this chapter shall be interpreted and applied by the board in a manner

consistent with and in accordance with judicial interpretations of this chapter. (b) The enactment of this chapter shall not be construed as making the provisions of

Section 923 of the Labor Code applicable to public employees. 3511. The changes made to Sections 3501, 3507.1, and 3509 of the Government Code by

legislation enacted during the 1999-2000 Regular Session of the Legislature shall not apply to persons who are peace officers as defined in Section 830.1 of the Penal Code.

Unit 2 – Addendum – Disciplinary Arbitration 1

ADDENDUM TO MEMORANDUM OF UNDERSTANDING

FOR SEIU – LOCAL 535, UNITS 2, 3, 4, 12, 22 AND 36 October 25, 2004 through October 30, 2011

DISCIPLINARY ARBITRATION REQUEST FOR ARBITRATION If the Department Head agrees to arbitration he/she shall indicate so on the Order of Disciplinary Action and the Order shall advise the employee of his/her right to either: 1) Appeal the action to the Fresno County Civil Service Commission within fifteen (15)

working days of service of the Order by a signed statement asking for a hearing; or 2) Submit to the Director of Personnel Services a request in writing within fifteen (15)

working days of service of the Order, that the matter be submitted to arbitration. A copy of the Order will be filed with the Union by the acting department.

Under no circumstances can the employee submit an appeal of the disciplinary action to both the Fresno County Civil Service Commission and to arbitration. If the employee requests to submit the matter to arbitration (rather than to the Fresno County Civil Service Commission), the provisions of this Article supersede Sections 10120 through 10190 of Fresno County Personnel Rule 10 – Disciplinary Actions. Failure by the employee to file an appeal within the above-referenced time frames will result in the employee waiving his/her right to appeal the Order and the action of the department becoming final. WRITTEN RESPONSE TO THE ORDER OF DISCIPLINARY ACTION Twenty (20) working days prior to the scheduled arbitration hearing, the employee will submit a written response to the Order of Disciplinary Action, which includes his/her reason for disagreeing with the Order. SELECTION OF ARBITRATOR The County and the Union agree to utilize a panel of five (5) mutually agreed upon arbitrators. Arbitrators will be issued a number of one (1) through five (5) and will be scheduled to hear arbitrators in that order (e.g.) arbitrator #1 will hear the first requested appeal, arbitrator #2 will hear the second requested appeal, etc. Once the sixth requested appeal is received the cycle will start over (e.g.) arbitrator #1 will hear the sixth requested appeal, arbitrator #2 will hear the seventh requested appeal, and so on. The Director of Personnel Services or his/her designee will contact the agreed upon arbitrator to coordinate with the parties involved to schedule a hearing as soon as possible.

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ARBITRATION COSTS The arbitrator shall be compensated up to a rate of Fifteen Hundred Dollars ($1,500). The cost of the arbitrator shall be paid by the County. Costs of the court reporter, if any, shall be paid by the County. SCOPE OF ARBITRATOR’S AUTHORITY The arbitrator shall have no power to alter, amend, add to or subtract from the provisions of this Article, any other terms of this Agreement or to Fresno County Personnel Rule 10 – Disciplinary Actions. If the arbitrator finds that none of the charges contained in the Order of Disciplinary Action are true, then he/she shall set aside the action taken by the appointing authority. If the arbitrator finds that one or all of the charges are true, then he/she shall make a decision confirming or modifying the action of the appointing authority provided, however, that his/her authority to modify the appointing authority’s action is limited to those disciplinary actions described in Section 10030 – Types of Disciplinary, of Fresno County Personnel Rule 10 – Disciplinary Actions. The arbitrator shall have no authority to increase the discipline imposed by the appointing authority. Nothing shall preclude the arbitrator from ordering the reinstatement of an employee with or without back pay. The decision of the arbitrator shall be final and binding, with the exception that the decision shall be subject to judicial review upon petition by the employee or the department head under the terms and conditions provided by law as set out in Civil Code of Procedure 1094.6. PROCEEDINGS The arbitrator, attorney or other representative of a party may issue subpoenas. A pre-hearing conference with the arbitrator and the parties shall be set on the day of the hearing immediately preceding the hearing. The purpose of the conference is to stipulate to uncontested facts and documents; to review the process and conduct of the hearing; and to identify any potential problems. Except as provided in Fresno County Ordinance 3.12.070, the parties have the right to be represented by the person of their choice. The parties shall have the right to: call and examine witnesses; introduce exhibits; cross-examine opposing witnesses; impeach any witness; and to rebut the evidence against them. If either party does not testify in her/her own behalf, he/she may be called and examined as if under cross-examination. Oral evidence shall only be taken on oath or affirmation.

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REPORT OF HEARING The arbitrator shall render his/her report to the parties in writing, including reasons for the decision, within thirty (30) calendar days of the completion of the hearing. Failure to comply with this provision shall result in the automatic waiver of the arbitration fee. ARBITRABILITY If either the County or the Union claim before the arbitrator that a particular request for arbitration fails to meet time limits, or is in some other manner defective, and thereby, fails to meet the tests of arbitrability, the arbitrator shall proceed to decide such issue before hearing the case upon its merits. REMOVAL OF ARBITRATOR FROM PANEL An arbitrator may be removed from the panel upon mutual agreement between the County of Fresno and SEIU – Local 535. If an arbitrator is removed from the panel, a replacement will be added to the panel upon mutual agreement of the parties.

Unit 2 – Addendum – Jail Work Redesign Program (BOS Approval 3/1/05) 1

ADDENDUM TO MEMORANDUM OF UNDERSTANDING FOR

SEIU – LOCAL 535, UNIT 2 October 25, 2004 through October 30, 2011

JAIL WORK REDESIGN PLAN

The County of Fresno and SEIU – Local 535 have met and conferred over implementation of the Jail Work Redesign Plan. Having met and conferred the parties agree to the following terms and conditions: 1. Article 51 – Assignments – Correctional Officers of the Unit 2 Memorandum of

Understanding (MOU), is hereby superseded and rendered null and void. 2. Sheriff’s Management will determine the number and qualifications of personnel

required for all jail facilities, watches, platoons, and days of the week. 3. Sheriff’s Management will determine, and identify both specialized and non-specialized

assignments and needs for all jail facilities, watches, platoons, and days of the week. 4. Specialized Assignments:

As of the effective date of this agreement, the following specialized assignments/needs include, but are not limited to: a) Population Management b) Training c) Special Functions During the term of this agreement, nothing contained herein shall preclude Sheriff’s management from adding or eliminating Specialized Assignments. However, additional specialized assignments will not be established for the sole purpose of circumventing the seniority shift selection process contained in this addendum.

5. Jail Facilities Work Schedules:

Correctional Officers assigned to a Jail facility will work in a designated Jail Work Redesign Team and will work one of the following work schedules: a) Eight-hour work schedule [Ten, 8-hour workdays per pay period (80 hours)]. For

the spring 2005 signups the starting times for 8-hour shifts will be 6:00 A.M., 2:00 P.M. and 10:00 P.M. provided that operational coverage can be achieved. Effective with the December 2005 signups starting times for 8-hour shifts will be 6:00 A.M., 2:00 P.M. and 10:00 P.M.

b) Ten-hour work schedule [Eight, 10-hour workdays per pay period (80 hours)]. Starting times for 10-hour shifts will be based on the needs of the specialty unit.

Unit 2 – Addendum – Jail Work Redesign Program (BOS Approval 3/1/05) 2

c) Twelve-hour work schedule [Seven, 12-hour workdays per pay period (84 hours)]. Platoons starting times will be 6:00 A.M. and 6:00 P.M.

6. Overtime Payment:

a) Eight-hour work schedule: (refer to Article 74 – Overtime/Productive Time, of the Unit 2 MOU)

b) Ten-hour work schedule: Overtime shall only be paid for authorized work performed in excess of ten hours in a workday or over 40 hours in a workweek (refer to Article 74 – Overtime/Productive Time of the Unit 2 MOU for other applicable Overtime provisions).

c) Twelve-hour work schedule: Overtime shall only be paid for authorized work performed in excess of twelve hours in a work day or over 84 hours in a pay period (refer to Article 74 – Overtime/Productive Time of the Unit 2 MOU for all other applicable Overtime provisions)

7. Scheduling of Overtime: The following overtime scheduling order shall be in effect:

a) Volunteers, including employees on volunteer sign-up sheet and current “buddy

system”, (solicited prior to any employee being ordered over); b) Employees in the middle of their respective work week; c) Employees on their last work day prior to their Regular Days Off (RDO); d) Only under extra-ordinary circumstances, employees off on RDO.

8. Holidays:

a) Eight-hour work schedule: (Full-time employees shall be credited with eight hours of Holiday time for holidays worked or taken consistent with Article 20 – Holidays, of the Unit 2 MOU.)

b) Ten-hour work schedule: (Full-time employees shall be credited with ten hours of Holiday time for holidays worked or taken consistent with Article 20 – Holidays, of the Unit 2 MOU.)

c) Twelve-hour work schedule: (Full-time employees shall be credited with twelve hours of Holiday time for holidays worked or taken consistent with Article 20 – Holidays, of the Unit 2 MOU.)

9. Regular Days Off:

Employees shall be scheduled with consecutive regular days off (RDO). Employees shall not be scheduled with split RDO.

10. Rest Periods and Meal Breaks:

Correctional Officers assigned to a twelve-hour workday schedule shall generally be entitled to three rest periods and a meal break. Rest periods and meal breaks will generally be fifteen minutes and forty minutes, respectively. Rest periods and meal

Unit 2 – Addendum – Jail Work Redesign Program (BOS Approval 3/1/05) 3

breaks do not begin until the designated Relief Officer releases the Correctional Officer. Rest periods and meal breaks are County-paid time; during periods of heavy workload and/or abnormal staffing shortages, rest breaks may not be possible. (For all other work schedules refer to Article 64 – Rest Periods – Correctional officers of the Unit 2 MOU.)

11. Annual Work Shift/Assignment Sign-Up Process:

a) Sheriff’s management and SEIU – Local 535 shall mutually agree on the location for shift/assignment sign ups. Sheriff’s management and three SEIU – Local 535 representatives (with paid release time), will oversee the sign-up process. No overtime shall result from participating in the sign-up process.

b) Specialty Shifts/Assignments: Employees will be assigned to shifts/assignments within Teams at the discretion of Sheriff’s management.

c) Non-Specialty Shifts/Assignments: Employees shall sign up for shift/assignments within Teams by appointment only. An appointment notice shall be sent to all employees one calendar month in advance of their sign-up appointment. For employees on Leave of Absence, the department will make an effort to contract said employees to determine his/her proxy. Proxy sign-ups will be permitted for employees who are unable to attend their scheduled appointment.

d) Correctional Officer IV (CO IV): CO IVs shall sign-up by seniority by date of promotion. There will be no more than 60% of the budgeted C.O. IV positions assigned to 12-hour shift keys.

e) Correctional Officer II and III (CO II and III): CO IIs and IIIs who have completed their initial probationary period and have one year of experience working in the Jail shall sign up by seniority by date of hire. Seniority as defined in this section is the employee’s first date of continual service in the Jail in their current job classification.

f) Correctional Officer I (CO I): CO Is shall be assigned to shifts and assignments at the discretion of Sheriff’s management.

12. Twelve-Hour “Keys”:

As of the effective date of this agreement, the Jail Work Redesign Plan will be implemented with 149 Correctional Officer 12-hour “Keys”. The remaining 223 Correctional Officer “Keys” will be reserved for 8-hour and 10-hour workdays.

13. Survey – Twelve-Hour Work Schedule:

Within 90 days after the initial sign-up process set forth in this agreement, and every August thereafter, SEIU – Local 535 will survey each Correctional Officer regarding the interest in additional twelve-hour “Keys”. The results of this survey shall be shared with Sheriff’s management and shall serve to determine the number of additional twelve-hour “Keys” (over 149), if any, to be available during the next sign-up process.

The parties agree to meet each September to confirm the number of 12-hour “Keys” that will be available during the succeeding sign-up process.

Unit 2 – Addendum – Jail Work Redesign Program (BOS Approval 3/1/05) 4

14. Shift Premium:

During the pay period when the Jail Work Redesign Plan becomes operational, Correctional Officers assigned a regular shift to either Watch I (8-hour shifts) or Platoon “B” (12-hour shifts) shall be paid, in addition to their base compensation, an eight percent (8%) premium for all regularly scheduled hours worked on that shift [i.e., maximum number of eight (8), ten (10) or twelve (12) hours (depending on regular shift)]. The following terms and conditions also apply:

a) There shall be no shift premium paid when the employee is not actually working

Watch I or Platoon “B” (e.g., employee is scheduled to work another shift or is off work on paid or unpaid time).

b) Any Correctional Officer (e.g., working Watch II or III, or Platoon “A”) who works overtime hours that extend into the Watch I or Platoon “B” shifts shall not be eligible to receive shift premium.

c) Whenever an employee regularly scheduled to Watch I or Platoon “B” is required to perform overtime work before or beyond the end of their regularly scheduled Watch I or Platoon “B” shift, they shall not receive shift premium for any overtime hours worked that occur outside of their Watch I or Platoon “B” Shift.

d) Any Correctional Officer who is temporarily assigned to the Watch I or Platoon “B” shift, or any Watch I or Platoon “B” Correctional Officer who is required to work an extra Watch I or Platoon “B” shift, shall be eligible for the 8% shift premium. In this instance only, if the employee is then eligible for overtime, the shift premium will be used in determining cash payment, if any, for overtime hours worked.

e) Pursuant to Section 13 above, the parties shall meet to confirm the number of 12-hour “Keys” that will be available during the succeeding sign-up process. If the parties fail to confirm at least 180 12-hour “Keys”, shift premium for Correctional Officers shall be suspended. Shift premium shall resume at the point in time 180 12-hour “Keys” are implemented.

15. Vacation Requests:

Once each Team sign-up has been completed, employees will be permitted to sign-up for vacation time off. Vacation sign-ups will be considered based on the Team and “custody number” of the Correctional Officer. There will be two rounds of vacation time off sign-ups. During the first round of sign-ups, employees will be permitted to sign up for up to four weeks of vacation time off. During the second round of sign-ups, eligible employees will be permitted to sign-up for a 5th or 6th week of vacation time off.

16. Training:

Any Correctional Officer assigned to the Transportation Unit by Sheriff’s management will be sent to P.C. 832 training. Employees who do not successfully pass this training will be reassigned at management’s discretion.

17. Reassignments:

The foregoing process does not preclude the reassignment of personnel to different shifts or days off due to facility needs or staffing requirements. However, those individuals with least seniority, whenever practicable, will be reassigned first. Reassignments shall not be grievable or appealable. There will be no days off or shift “seniority bumping” due to personnel transfers, resignations, promotions, etc., during the payroll year.

18. Correctional Officer IV Promotional “Slots”:

Effective with this agreement, three additional Correctional Officer IV “slots” will be available for promotional opportunities.

19. Correctional Officer Series Minimum Qualifications:

Pursuant to Article 32 – Class Specification of the Unit 2 MOU, the parties agree to meet and confer over the impact of increasing the educational requirements of class specifications in the Correctional Officer series.

20. Bereavement Leave:

Correctional Officers regularly assigned to a 12-hour shift shall be eligible for paid Bereavement Leave up to a maximum of three (3) working days per bereavement. All other Correctional Officers shall be eligible for Bereavement Leave pursuant to Article 76 – Bereavement Leave of the Unit 2 MOU. All other requirements set forth in Article 76 shall remain in effect.

21. Seniority Blending: (Refer to Article 97 – Seniority Shift Selection of the Unit 2 MOU.

22. Jail Staffing Study:

The Sheriff’s Department agrees to include an analysis of flexible work schedules (including a 4/10 schedule) in its independent Jail Staffing Study. The Union shall be provided a copy of the study findings.

23. Return to Work:

Within 90 days, the parties agree to meet and confer over the impact of implementing an aggressive Workers Compensation Return to Work Program, including light duty assignment.

Unit 2 – Addendum – Jail Work Redesign Program (BOS Approval 3/1/05) 5

ADDENDUM TO MEMORANDUM OF UNDERSTANDING FOR

SHERIFF’S AND PROBATION PERSONNEL - UNIT 2 (MOU Term: October 25, 2004 through October 30, 2011)

TEMPORARY LIGHT DUTY ASSIGNMENTS - CORRECTIONAL OFFICERS The County of Fresno and SEIU – Local 535 have met and conferred over the implementation of Sheriff's Department Policy and Procedure No. A-255 - Temporary Light Duty Assignments, attached, and agree that placing injured Correctional Officers into Temporary Light Duty Assignments within the Fresno County Jail will benefit employees, as well as the Fresno County Sheriff's Department. This policy shall remain in effect for twenty-four (24) months. Approximately 45 days prior to the end of the twenty-four (24) month period, the parties agree to meet to discuss any mutually agreed on changes, or the Sheriff may discontinue this policy at his/her discretion.

Unit 2 – Addendum – Temporary Light Duty Assignments (BOS Approval 10/01/05)

POLICIES AND PROCEDURES

TITLE: TEMPORARY LIGHT DUTY ASSIGNMENTS NO: A-255 FILE: TEMP-LIGHT-DUTY EFFECTIVE DATE: October 17, 2005 APPROVED BY: Assistant Sheriff M. Mims PURPOSE: The purpose of this policy is to provide a procedure for the evaluation and approval relative to Temporary Light Duty Assignments. POLICY: It is the policy of the Fresno County Sheriff's Department Detention Division that Correctional Officers are required to work and perform the full range of duties pursuant to the Job Specifications and the Essential Functions Inventory Form for the Correctional Officer classification series. It is the policy of the Fresno County Sheriff's Department Detention Division to attempt to return Correctional Officers with temporary disabling occupational or non-occupational injuries and/or illnesses to work in Temporary Light Duty Assignments as soon as medically feasible. It is the policy of the Fresno County Sheriff's Department Detention Division that there are no such assignments as "Permanent Light Duty". It is the policy of the Fresno County Sheriff's Department Detention Division that Temporary Light Duty Assignments for Correctional Officers with temporary disabling occupational or non-occupational injuries and/or illnesses may be approved and accommodated in the Detention Division at the discretion of the Sheriff or his/her designee. It is the policy of the Fresno County Sheriff's Department Detention Division that Temporary Light Duty assignments will be for the minimum amount of time necessary to return a Correctional Officer to a fit for regular duty assignment or up to a maximum of ninety (90) calendar days per injury and/or illness.

Attachment to Addendum – Temporary Light Duty Assignments Page 1 of 4

POLICIES AND PROCEDURES

TITLE: TEMPORARY LIGHT DUTY ASSIGNMENTS NO: A-255 FILE: TEMP-LIGHT-DUTY It is the policy of the Fresno County Sheriff's Department Detention Division that medical documentation must be presented to the Sheriff or his/her designee in advance of possible accommodation into a Temporary Light Duty Assignment. The medical documentation must include a specific description of the limitations and restrictions, as well as, the anticipated duration of the temporary disabling occupational or non-occupational injury and/or illness. It is the policy of the Fresno County Sheriff's Department Detention Division that if a Correctional Officer is approved for accommodation into a Temporary Light Duty Assignment, that the Correctional Officer must sign a "Temporary Light Duty Assignment Work Agreement" to document the terms and conditions of the Temporary Light Duty Assignment. It is the policy of the Fresno County Sheriff's Department Detention Division that if a Temporary Light Duty Assignment cannot be accommodated, the Correctional Officer will remain off duty on appropriate leave status until able to return to the full range of duties. PROCEDURES: I. TEMPORARY LIGHT DUTY ASSIGNMENTS - OCCUPATIONAL AND NON-

OCCUPATIONAL INJURIES

A. A Correctional Officer who is eligible for a Temporary Light Duty Assignment, must provide the Sheriff or his/her designee with medical documentation, from an accepted medical provider, which shall include a specific description of the limitations and restrictions, as well as, the anticipated duration of the temporary disabling occupational or non-occupational injury and/or illness.

B. Upon receipt of the medical documentation, the Sheriff or his/her designee will

initiate a review of the specific limitations and restrictions of the Correctional Officer, as well as the anticipated duration of the temporary disabling occupational or non-occupational injury and/or illness.

C. If there is a question or clarification is needed in reference to the Correctional

Officer's limitations and restrictions, the Sheriff or his/her designee reserves the right to require the Officer to provide additional information from the Officer's accepted medical provider.

Attachment to Addendum – Temporary Light Duty Assignments Page 2 of 4

POLICIES AND PROCEDURES

TITLE: TEMPORARY LIGHT DUTY ASSIGNMENTS NO: A-255 FILE: TEMP-LIGHT-DUTY

D. Approval for a Temporary Light Duty Assignment by the Sheriff or his/her designee, shall be based on the ability of the Correctional Officer to perform the essential functions of the assignment within the restrictions imposed by the accepted medical provider and without aggravating the existing injury or illness or cause an exacerbation of the injury or illness.

E. Upon the approval and determination by the Sheriff or his/her designee that

the Correctional Officer may be accommodated for a Temporary Light Duty Assignment, the Officer shall be immediately placed on a Temporary Light Duty Assignment eligibility list that shall indicate the specific date that the Officer's name was placed onto the eligibility list.

F. The Sheriff or his/her designee, based upon the availability of a Temporary

Light Duty Assignment as determined by the Sheriff or his/her designee, shall place the Correctional Officer whose name has been on the list for the longest amount of time into the Temporary Light Duty Assignment based on the restrictions imposed by the accepted medical provider and the Officer's qualifications.

G. When placing the Correctional Officer into a Temporary Light Duty

Assignment, the Sheriff or his/her designee shall not “bump” another Correctional Officer from their shift/assigned team. Additionally, Correctional Officers, who are placed into a Temporary Light Duty Assignment, will continue to participate in the annual shift selection process.

H. The Sheriff or his/her designee, when considering the placement of a

Correctional Officer into a Temporary Light Duty Assignment and based upon the availability of Temporary Light Duty Assignments as determined by the Sheriff or his/her designee, shall attempt to place the Correctional Officer into a shift that is as close to the Correctional Officer's current shift assignment.

I. The Correctional Officer, who is approved for accommodation and placed into

a Temporary Light Duty Assignment, shall be required to sign a "Temporary Light Duty Assignment Work Agreement" that will serve to document the terms and conditions of the Temporary Light Duty Assignment.

Attachment to Addendum – Temporary Light Duty Assignments Page 3 of 4

POLICIES AND PROCEDURES

TITLE: TEMPORARY LIGHT DUTY ASSIGNMENTS NO: A-255 FILE: TEMP-LIGHT-DUTY

Attachment to Addendum – Temporary Light Duty Assignments Page 4 of 4

J. Temporary Light Duty Assignments shall be restricted to the minimum amount of time necessary to return a Correctional Officer to a fit for regular duty assignment or up to a maximum of ninety (90) calendar days per injury and/or illness.

K. Temporary Light Duty Assignment accommodations shall only be in the

Detention Division and the availability of Temporary Light Duty Assignments suitable to accommodate the duration and conditions indicated by a Correctional Officer's accepted medical provider, shall be determined by the Sheriff or his/her designee. Temporary Light Duty Assignments may change on a daily basis. This includes shift assignments.

L. The Correctional Officer shall not be considered fit for regular duty until an

unconditional release is received from the Officer's accepted medical provider, releasing the employee to the full range of duties. Upon a Correctional Officer being cleared to return to the full range of duties, he/she shall return to their shift/assigned team.

Attachment to Addendum – Temporary Light Duty Assignment Work Agreement

Fresno County Sheriff's Department TEMPORARY LIGHT DUTY ASSIGNMENT WORK AGREEMENT

Employee Assignment

This form is to be used to document Temporary Light Duty Assignments for Correctional Officers who are performing modified employment while recovering from injuries or illness. Temporary Light Duty Assignments are temporary and it is understood that all work restrictions will be followed during the period of the Temporary Light Duty Assignment. (Please note that Temporary Light Duty Assignments are at the discretion of the Sheriff or his/her designee and that a Correctional Officer's Temporary Light Duty Assignment may change on a daily basis.)

Employee Name: Employee ID #:

Date of Injury: Claim #: Your accepted medical provider has placed the following medical restrictions on your activities:

1. 2. 3. 4. 5.

Effective Date of the Temporary Light Duty Assignment: Termination Date of the Temporary Light Duty Assignment: (Not to exceed 90 calendar days)

I, the undersigned, have been advised that medical restrictions have been placed on my activities while performing duties within the scope of my employment. I have read and understand the medical restrictions as detailed above. I further understand that it is my responsibility not to violate these restrictions. I further understand and agree that if a supervisor requests that I perform duties that would violate these restrictions; I will immediately advise that supervisor and other management staff, if necessary, of my restrictions. If at anytime, this Temporary Light Duty Assignment causes me any difficulties, or if my accepted medical provider modifies these restrictions or status in any way, I will immediately contact my supervisor. I further understand that modifications or updates must be provided in writing from my accepted medical provider and are subject to re-evaluation by the Sheriff or his/her designee prior to resuming work in the Temporary Light Duty Assignment. Finally, I acknowledge and understand that this is a temporary agreement. Date: Employee

Date:

Supervisor Date:

Sheriff or his/her designee

DO NOT PLACE IN EMPLOYEE’S PERSONNEL FILE

Unit 2 – Addendum – Health Benefit Agreement - 2006 (BOS Approval 12/6/05) 1

ADDENDUM TO MEMORANDA OF UNDERSTANDING

SEIU – LOCAL 535, UNITS 2, 3, 4, 12, 22, 31 & 36 HEALTH BENEFIT AGREEMENT

The parties have met and conferred regarding the County’s health premium contribution for Plan Year 2006. Having met and conferred, the parties agree to the following: 1. The term of this agreement shall be December 19, 2005 through December 17, 2006.

The parties agree to reopen negotiations in August 2006. 2. A minimum of three (3) health benefit plans, two (2) dental benefit plans and one (1)

vision benefit plan will be available to employees and their dependents during Plan Year 2006. If, during the term of this agreement, any of the health benefit plans, vision benefit plan or the dental benefit plan is unable to fulfill its contractual obligation, the parties agree that the County, upon consultation with the Health Benefits Advisory Council, if necessary, will secure a suitable replacement.

3. During Plan Year 2006, the County will contribute, on behalf of each employee; up to

$208.06 per pay period based on the employee’s plan selection (employees will not receive any excess contribution).

The County will further contribute on behalf of employees who have dependents enrolled in the County’s health benefits program, a total of $90.00 per pay period.

4. Any individual participating in the County’s Health Benefit program must enroll in one of

the plans servicing their area, if one is available. If a plan is not available, they shall enroll in the plan designated for out-of-area coverage.

5. Following a written request by the employee to the County’s Employee Benefits Office

and subject to the approval of the health plan providers, in the event an employee’s doctor moves to a physician network that can only be accessed through another County offered health plan, the employee may re-enroll into that health plan. The change will become effective the first day of the pay period following approval by the health plans.

6. If during the term of this agreement the State, Federal government, or any other taxing

authority imposes a tax or other charges (excluding a tax on or measured by net income) upon any group provider or health/dental plan or upon any activity of any of them, or if any such tax or charges are increased causing agreement between the County and health/dental plans to be opened for renegotiations, either the County or the employee organization may request the other party to meet and confer regarding the terms and conditions set forth herein.

7. If during the term of this agreement the State or Federal government legislates

mandatory benefit levels in excess of those covered by agreement between the County and health/dental plans which results in increased premiums, either the County or the employee organization may request the other party to meet and confer regarding the terms and conditions set forth herein.

8. During the term of this agreement, if the County agrees to a higher employer

contribution with any other bargaining unit, the same higher contribution shall be offered to employees covered by this agreement with the same terms and conditions, subject to approval by the Board of Supervisors.

9. The parties agree to continue to meet and discuss the design of the County’s health

benefit program in anticipation of soliciting health plan proposals from vendors for Plan Year 2007.

10. The parties agree to explore the viability of allowing employees with other non-County

health coverage to opt out of the County health insurance program as part of the Plan Year 2007 Request for Proposal process.

Unit 2 – Addendum – Health Benefit Agreement - 2006 (BOS Approval 12/6/05) 2

ADDENDUM

TO MEMORANDUM OF UNDERSTANDING FOR SEIU - LOCAL 535, UNITS 2, 12 & 36

(MOU Term: October 25, 2004 through October 30, 2011)

DEPARTMENT OF CHILD SUPPORT SERVICES ATTENDANCE AND PUNCTUALITY POLICY

The County of Fresno and SEIU – Local 535 have met and conferred over the implementation of the Department of Child Support Services (DCSS) Attendance and

Punctuality Policy, attached, and agree to the following: 1. It is the intent of DCSS management to provide their employees access to a

choice of multiple shifts through the provisions laid out in the attached Attendance and Punctuality Policy. Furthermore, DCSS management intends not to overstaff any particular starting time beyond a recognized operational necessity.

2. In May of each year, DCSS management and SEIU - Local 535 will meet to

discuss the employee start time selection process and the minimum number of staff operationally necessary for each starting time within each team. DCSS management agrees to solicit names of employees from each area from SEIU - Local 535 to consult with while developing the starting times for each team/unit.

3. At either parties request, the parties agree to meet and confer over issues

relating to the availability of employee start times or the start time selection process. 4. SEIU - Local 535 agrees that for employees who work for DCSS, the shift

differential/shift premium compensation mechanism, as is detailed in the Memoranda of Understanding for Representation Units 2, 12 and 36, is only applicable for hours worked between 6:00 p.m. and 6:30 a.m.

Unit 2 – Addendum – DCSS Attendance and Punctuality Policy (BOS Approval 3/21/06) 1

DCSS ATTENDANCE AND PUNCTUALITY POLICY PURPOSE The intent of this document is to ensure that all employees are aware of, and comply with, the DCSS policy regarding attendance and punctuality. POLICY STATEMENT Regular attendance and punctuality are expected in order to maintain an effective and efficient workplace. Excessive absenteeism and repetitive lateness cannot be tolerated and may result in disciplinary action up to and including termination from employment. Employees are expected to be on time, ready to work, and at work during their scheduled work hours. Employees who are absent from work must be on approved leave. APPLICABILITY This policy applies to all DCSS employees. DEFINITIONS Absence: An employee is absent when he/she fails to report to work during scheduled hours. Late: Late is defined as the period of time an employee arrives past their allotted leeway time. Late also includes the period of time when the employee does not return from scheduled lunch breaks and/or rest periods on time. Leeway times do not apply to rest periods and lunch breaks. Scheduled Absence: An absence is considered scheduled if it is requested and approved by an employee's immediate supervisor or designee no later than the end of the employee's scheduled work day prior to the requested time off. PROCEDURAL GUIDELINES 1. Scheduled absences must be requested and approved as early as possible, in order to

allow for adequate coverage and to minimize disruption to the unit.

Employees who are requesting the following day off are responsible for notifying and gaining the approval of their immediate supervisor or designee as soon as possible within the day the time off is requested. It is the responsibility of supervisors to inform their employees who the designee is if the supervisor is not available. If an employee's immediate supervisor and designee are not available, then the employee may go to the next available approving authority (e.g. Manager, Deputy Director, etc.).

Unit 2 – Addendum – DCSS Attendance and Punctuality Policy (BOS Approval 3/21/06) 2

Additionally, employees may put in a request for time off up to twelve (12) months prior to the day(s) requested off with exception to major holidays (i.e. Thanksgiving, Christmas and New Year’s).

2. Employees are required to notify their immediate supervisor or designee as far in

advance as possible when they are unable to report for work, when they will be late, or if they request to leave work early.

3. All scheduled absences must be approved in advance by the employee's immediate

supervisor or designee. With the exception to major holidays (i.e. Thanksgiving, Christmas and New Year’s), supervisors have five (5) working days from the date of an employee's request for time off to approve/deny the request. If an employee's immediate supervisor or their designee does not approve/deny the employee's request within five (5) working days, then the employee may go to the next available approving authority (e.g. Manager, Deputy Director, etc.).

With all factors being considered equal, the employee who submits their scheduled absence request first, shall be given first consideration by their immediate supervisor.

4. In case of an unscheduled absence, employees are expected to personally telephone and talk directly with a supervisor or their designee within thirty (30) minutes of their regularly scheduled start time. In the event the employee is unable to contact a supervisor or designee after one phone call, the employee will leave a voice mail message on the designated unit voice mail box. Employees are responsible for keeping their supervisors informed of when they are likely to return to work.

5. Employees are required to call their supervisor on each consecutive day of absence,

unless a doctor’s note has been provided excusing the employee from work for a specified period.

6. Upon an employee’s return to work from an unscheduled absence, the employee must

submit a sick leave certification form (sick slip) or annual leave form, whichever is applicable, to their supervisor. If the employee is absent on the day timecards are due, it is the supervisor’s responsibility to submit either a sick slip or an annual leave form to the DCSS Personnel Unit on behalf of the employee.

7. At the discretion of the Director of Child Support Services or his/her designee, any

provision or guideline in this policy may be temporarily suspended in writing as part of a four (4) calendar month Performance Improvement Plan for an employee.

GENERAL PROVISIONS 1. The starting times for all employees covered by this policy will be set by management

in thirty (30) minute increments and include, but are not limited to, 7:00a.m., 7:30a.m.,

Unit 2 – Addendum – DCSS Attendance and Punctuality Policy (BOS Approval 3/21/06) 3

8:00a.m., and 8:30a.m. The minimum number of personnel assigned to each starting time will also be determined by management based upon operational necessity.

Employees will be allowed to sign up for available starting times based on their seniority within their job classification and within their designated team/unit. The sign-up process will occur once each year with employee work schedules taking effect on or about August 1st. With the exception of employee schedule changes for the purposes of training, any changes to and temporary deviations from an employee's work schedule must be mutually agreed upon by the employee and departmental management or their designee.

(e.g. A team/unit may have three (3) starting times of 7:00 a.m., 7:30 a.m. and 8:00 a.m. with a minimum of two (2) staff members per starting time. Employees will select their respective starting times based on seniority from the available starting times. If the starting time mimimum levels are not met when nearing the end of the starting time selection process, staff who have the least seniority within that team/unit will be limited to a selection from the remaining starting times to ensure that the starting time minimum levels are met.) This starting time selection process does allow a more senior employee, on a given team, to select any available starting time even if the starting time minimum levels have not been met, so long as there are enough employees left on the team to sign up for the remaining starting times to ensure that the starting time minimum levels are met.

2. With the exception to employees who are assigned to handle customer contact needs (e.g. Walk-Ins, Reception, Phone Que), all employees will be permitted a thirty (30) minute leeway after their scheduled start time (e.g. if an employee has a start time of 7:30a.m., they may start anytime between 7:30a.m. and 8:00a.m.).

3. Employees who are assigned to handle customer contact needs (e.g. Walk-Ins,

Reception, Phone Que) will be permitted a five (5) minute leeway after their scheduled start time.

4. Only an employee’s leeway time can be made up at the end of their shift. Rest periods,

lunch breaks, and time after 5:30 p.m. are not available for make up time. If employees arrive past their allotted leeway time, they will be considered late.

5. Lunch breaks must be taken during the work shift; they cannot be taken at the

beginning or end of the regular work shift.

Employees who are assigned to handle customer contact needs (e.g. Walk-Ins, Reception, Phone Que) will be assigned a specific lunch break by their immediate supervisor. For those employees not assigned to handle customer contact needs, lunch breaks must be mutually agreed upon by the employee and their immediate supervisor.

Unit 2 – Addendum – DCSS Attendance and Punctuality Policy (BOS Approval 3/21/06) 4

ADDENDUM TO MEMORANDUM OF UNDERSTANDING FOR

SEIU – LOCAL 535, UNIT 2 May 26, 2006

October 25, 2004 through October 30, 2011

JUVENILE JUSTICE CAMPUS

The County of Fresno and SEIU – Local 535 have met and conferred (impact and decision) over the opening of the Juvenile Justice Campus (JJC) and the reassignment of Juvenile Correctional Officer's (JCO) from the Juvenile Hall facility to the JJC facility. Having met and conferred (impact and decision) the parties agree to the following terms and conditions: 1. JJC Summer 2006 Work Shift Sign-Up Process

The parties have agreed that there will be a summer 2006 work shift sign-up process for the Juvenile Justice Campus, consistent with the provisions set forth herein. Prospectively, the annual work shift sign-up process will occur in December of each year, to become effective in January. JCO's will be assigned to an eight (8) hour work schedule [Ten, 8-hour workdays per pay period (80 hours)]. The starting times for the Detention and Commitment Housing Pod Units will be 6:00 a.m., 2:00 p.m., and 10:00p.m. All remaining start times for work shifts at the JJC shall be determined by management.

2. JJC Work Shifts

The Probation Department will determine the number and qualifications of personnel required for all work shifts for the Juvenile Justice Campus. Prospectively, if the Probation Department decides to modify the work shifts for the JJC, at the union's request, the parties agree to meet and confer over the proposed changes to the work shifts.

3. Specialized Assignments:

The following specialized assignments will be made at the discretion of the Chief Probation Officer or her/his designee and are exempt from the seniority shift selection process set forth herein: 4. Training 5. Transportation 6. Directed reassignments pursuant to Personnel Rule 11022.3 and Probation

Department Administrative Manual, Section 4.240, under the following circumstances:

a. As a part of a formal disciplinary action; or b. In order to ensure the safe and efficient operation of the Institutions and its

program; or c. In order to achieve proper gender balance within programs.

Unit 2 – Addendum – Juvenile Justice Campus (BOS Approval 6/13/06) 1

Nothing contained herein shall preclude Probation Department Management from adding or eliminating Specialized Assignments. However, additional specialized assignments will not be established for the sole purpose of circumventing the seniority work shift selection process as set forth herein.

4. Scheduling of Overtime:

A. Voluntary Overtime:

1. Extra-Help JCO's will be the first group assigned for purposes of filling open work shifts.

2. Permanent JCO's will be allowed to sign up for any remaining overtime shifts by

utilizing a volunteer overtime sign-up sheet.

3. If any overtime shifts remain, after following No. 1 and No. 2 above, permanent and extra-help JCO's will be allowed to sign-up for overtime.

4. All other overtime provisions of the Unit 2 Memorandum of Understanding

(MOU) remain in effect.

B. Directed Overtime:

1) Once volunteers have been solicited and there continues to be a need to fill overtime shifts, Probation management may direct JCO's to work an overtime shift in the following manner:

a) JCO's that are directed to work an overtime shift will be selected from an

overtime list that will initially be set up by inversing seniority. b) JCO's that are directed to work an overtime shift may utilize the "buddy

system". JCO's that utilize the "buddy system" must work in the same institution and must possess the necessary job skills to perform the assignment, as determined by management. The JCO that is directed to work overtime and who decides to utilize the "buddy system" will be the individual who is placed at the end of the directed overtime list.

c) Only under extra-ordinary circumstances, will JCO's who are on their last scheduled work day prior to their Regular Days Off (RDO) be directed to work overtime.

d) Only under extra-ordinary circumstances, will JCO's who are on their RDO be directed to work overtime.

2) Directed overtime shall also include any amount of time that an officer is not

allowed by Probation Department Management to leave at the end of their shift. In these instances, the JCO will be placed at the end of the directed overtime list.

3) All JCO's will be allowed one (1) “Pass” when directed by Probation

management to work an overtime shift. If a JCO uses their “Pass” they will remain in their current position on the overtime list. JCO's shall not be permitted to make use of the Grievance Resolution Procedure or appeal the action or results of another JCO utilizing the "Pass" system.

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5. Regular Days Off:

JCO's regular work shifts shall have consecutive regular days off (RDO). JCO's shall not be scheduled to a regular work shift that includes split RDOs.

6. JJC Annual Work Shift Sign-Up Process:

g) The Annual Work Shift Sign-Up process shall be held at the JJC. The parties agree that the Annual Work Shift Sign-Up process will occur within the first two weeks of December and between the hours of 8:00 a.m. and 5:00 p.m. Probation Department Management and two (2) SEIU – Local 535 employee representatives (with paid release time), will oversee the sign-up process. No overtime for any JCO shall result from participating in the sign-up process. The sign-up process will list the designation/classification of minors that will be housed by Pod. Work shift sign-ups for Supervising JCO's will occur prior to the work shift sign-up process for JCO's (I, II & Senior).

h) Specialized Assignments: JCO's will be assigned to specialized assignments at

the discretion of the Probation Department (see No. 3 above). JCO's will be allowed to submit a request for a specialized assignment prior to the commencement of the annual work shift sign-up process. All JCO's that submit a request for a specialized assignment will be interviewed.

i) Work Shifts Sign-Ups: JCO's shall sign up for work shifts by appointment only.

An appointment notice shall be sent out to all JCO's one (1) calendar month in advance of their annual sign-up appointment date. Proxy sign-ups will be permitted for those JCO's who are unable to attend their scheduled appointment. For JCO's on Leave of Absence, the department will make an effort to contact said JCO's to determine his/her proxy.

j) Senior Juvenile Correctional Officer: Senior JCO’s shall sign-up by seniority by

date of promotion.

k) Juvenile Correctional Officer I and II: JCO I’s and II’s shall sign-up by seniority in the JCO classification series.

7. Vacation Requests:

Once the work shift sign-up process has been completed, each JCO will be permitted to sign-up for vacation time off. Vacation sign-ups will be considered based on the departmental seniority of the Juvenile Correctional Officer. There will be two rounds of vacation time off sign-ups. During the first round of sign-ups, JCO's will be permitted to sign up for up to three (3) weeks of vacation time off. During the second round of sign-ups, eligible JCO's will be permitted to sign-up for a fourth (4th) week of vacation time off.

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8. SWAP:

The parties agree to allow the classifications of Juvenile Correctional Officer I, II and Senior the ability to SWAP within a 90 calendar day time frame. The agreed upon SWAP must be completed within the 90 calendar day time frame. All other provisions as contained in Article 77 (SWAP) of the MOU for Unit 2 shall remain the same.

9. Re-assignment Requests between Facilities (JJC and Elkhorn) JCO’s (I, II & Senior) will be allowed to put in a re-assignment request to move from one facility to another. The re-assignment request will be evaluated by the Probation Division Director of the facility that the employee is assigned to. The Probation Division Director will either approve or deny the re-assignment request. If the Probation Division Director has approved the re-assignment request, the request will be forwarded to the Personnel unit of the Probation Department for processing.

10. Article 58 – Juvenile Correctional Officer Shift Assignments

Article 58 – Juvenile Correctional Officer Shift Assignments of the Unit 2 MOU is hereby superseded and rendered null and void.

Unit 2 – Addendum – Juvenile Justice Campus (BOS Approval 6/13/06) 4