County of Monterey
Monterey County Public Defender’s Association
Between the County of Monterey and the Monterey County Public Defenders’ Association pursuant to Government Code Section 3500 et seq.
This agreement is made and entered into between the County of Monterey (herein called the “County”), and the Monterey County Public Defenders’ Association, an unincorporated association (herein called the “Association”), representing non-management classifications of Deputy Public Defender I, Deputy Public Defender II, Deputy Public Defender III, and Deputy Public Defender IV.
It is agreed by and between the parties that any provision of this agreement requiring legislative action to permit its implementation by amendment of law or by the act of providing the appropriate legislation, shall not become effective until the effective date of such action.
Effective with the pay period beginning July 3, 1999, and in each fiscal year thereafter, Unit employees shall automatically receive whatever across-the-board wage increase is granted to Unit X (management employees), whenever such wage increase becomes effective.
In fiscal year 99/00, Unit employees shall receive a five (5%) percent wage increase effective with the pay period beginning July 3, 1999. Beginning in fiscal year 00/01 should the County review management classes for consideration of special salary adjustments, Unit classification will be considered for review as well.
Effective with the first full pay period following full ratification of this agreement, Deputy Public Defender classifications I – IV shall be paid at the same rate of pay as Deputy County Counsel classifications I – IV, respectively.
The County shall make a reasonable effort to provide the Association with a competitive salary, and to achieve parity with comparable agencies. The parties agree this paragraph is not a binding guarantee to achieving parity and is not subject to the grievance procedure as outlined in the Monterey County Personnel Policies and Practices Resolution, Article D.
Effective first full pay period following full ratification of this agreement, and each fiscal year thereafter, unless otherwise specified, Unit employees shall automatically receive the employee benefits granted to Deputy County Counsel classes. Exempted from parity with Deputy County Counsel benefits is CEB/tuition reimbursement and any other benefits specified in this MOU and the Personnel Policies & Practices Resolution.
Effective June 25, 1994, all employees will have the employee 7% retirement contribution paid for, or picked up, by the County. Concurrently on June 25, 1994, and continuing thereafter, the employees’ salaries will be reduced by 7%, except as provided for in Article 2.
The deferred compensation program currently available to County employees shall be made available to permanent employees in the Public Defenders’ unit.
Effective January 1, 1995, the Deputy Public Defenders shall be allowed, reimbursed and paid the IRS rate for each mile necessarily traveled for the execution of official duties, if required to operate their own or a privately‑owned automobile.
The current self-funded Preferred Provider plan will continue to be offered through December 31, 1999. The current self-funded Preferred provider plan will be terminated at midnight, December 31, 1999.
Effective January 1, 2000, the County will provide medical insurance through the Public Employees’ Retirement System (PERS) medical insurance program. All rules, regulations and procedures with respect to plan eligibility, benefits, claims payments and customer service procedures, etc for the CalPERS plans are established by CalPERS. The County makes no representations or guarantees whatsoever with respect to the CalPERS health insurance plans
The current Monterey County Employee Health Plan (MCEHP) will continue to be offered. County reserves the right to determine the continuing viability of the plan. Should the County determine, at its discretion, that the plan is no longer financially viable, the County shall provide the employees and employee organization sixty (60) days notice in which the County will provide open enrollment for CalPERS.
Permanent unit employees who are regularly scheduled to work 40 hours or more in a pay period will be eligible to participate in any of the County’s health insurance programs.
Retired employees, dependent upon group coverage conditions, may be eligible for group health care coverage. If a retired employee meets all eligibility requirements and requests health insurance coverage, effective January 1, 2000, the County will contribute sixteen ($16) toward the monthly premium for eligible retirees enrolled in either MCEHP or a PERS health insurance program.
On January 1, 2000 (effective the paycheck of December 24, 1999) the County will make available a Flexible Benefits Plan to all employees. Employees may elect from the following optional benefits:
· Employee medical coverage under MCEHP or CalPERS
· Dependent medical coverage under MCEHP or CalPERS
· No medical coverage
· Employee dental coverage under the County’s self-funded plan
· Dependent dental coverage under the County’s self-funded plan
· No dental coverage
· Employee vision coverage under VSP
· Dependent vision coverage under VSP
· No vision coverage
· Any other eligible optional benefits which may be made available by the County through this Flexible Benefits plan
Additional Payroll Deduction
For each month when the benefit options selected by the employee under this plan exceed the appropriate County non-elective and elective contributions for that employee, that employee shall pay by pre or post-tax payroll deduction the full cost (100%) which exceeds the County’s contributions for that employee.
Flexible Benefits Plan Administration
The provisions, rules and regulations governing the administration of the Flexible Benefits Plan are contained in the Flexible Benefits Plan document. Changes may be required from time to time to maintain the integrity of this flexible benefits plan as a lawful IRS Section 125 plan. The County and the Association agree that the County shall have discretion to make such changes to ensure this plan is eligible for favorable treatment under the Internal Revenue Code. The County may add or remove benefit options to or from this plan during the term of this agreement, subject to the obligation of the parties to meet and confer only over the impact of such changes. Removal of a benefit shall occur only if the benefit is deemed contrary to public law or regulation governing IRS Section 125 benefit plans, is no longer available by vendor or becomes insolvent.
The County maximum non-elective contributions toward the Flexible Benefits Plan will be as indicated below.
The County shall not contribute any non-elective amounts toward the employee’s purchase of any other optional benefits which may be provided by the County through the Flexible Benefits Plan.
Employees shall not have the option of using the non-elective contributions for any other purpose other than for purchasing employee health, employee dental and employee vision insurance. Non-elective contributions not used to purchase employee health, dental and vision insurance will be forfeited.
Health Insurance Contribution
Effective with the paycheck deduction of December 24, 1999, the County’s maximum non-elective contribution to the Flexible Benefits Plan for health insurance coverage will be $16 monthly.
Dental Insurance Contribution:
The County’s maximum non-elective contribution to the Flexible Benefits Plan for dental coverage will be equal to the cost of the employee only premium monthly for all eligible permanent employees. During the term of this contract, should the dental (employee only premium) non-elective contribution/premium increase, the County will pay the increase. Should, during the term of this contract, the non-elective contribution/premium for dental (employee only premium) decrease, the County shall retain the savings from the decrease.
Vision Insurance Contribution:
The County’s maximum non-elective contribution to the Flexible Benefits Plan for vision coverage will be equal to the cost of the employee only premium monthly for all eligible permanent employees. During the term of this contract, should the vision (employee only premium) non-elective contribution/premium increase, the County will pay the increase. Should, during the term of this contract, the non-elective contribution/premium for vision (employee only premium) decrease, the County shall retain the savings from the decrease.
The County maximum monthly elective contribution to the employee’s Flexible Benefits Plan spending fund will be $671 for full-time, permanent unit employees and $336 for part-time, permanent unit employees who are scheduled to work a minimum of forty (40) hours, but less than sixty-four (64) hours per pay period.
The elective amounts above may be applied toward medical, dental and/or vision coverage for the employee and dependents. During the term of this contract, any increases in health insurance premiums that exceed the County’s elective contribution will be paid by the employee through salary deduction.
Any balance of elective funds remaining after the employee elects health insurance may be utilized, at the employee’s discretion, toward the purchase of dependent health, dependent dental, or dependent vision insurance and/or any other eligible optional benefits which may be made available by the County through this Flexible Benefits plan. The use of any elective contributions toward the purchase of the benefits stated above is subject to the employee first selecting employee health insurance coverage under either MCEHP or PERS.
Elective Contribution Payout
For each month that the County elective contribution is not used by an employee to obtain benefit options under this plan, the full amount of funds not utilized shall be paid out, provided the employee has purchased at least individual only health insurance through CalPERS or MCEHP.
In Lieu of Dependent Coverage
An employee who, for a period of one year, does not have a dependent for whom the County is paying the medical premium shall be eligible to receive a physical examination by a County physician at Natividad Medical Center at County expense. An employee eligible for a physical examination under this article, may schedule the examination by contacting the Occupational Medicine and Employee Health Service at Natividad Medical Center.
Effective January 1, 1999, eligible employees providing proof of alternative health insurance coverage for them shall be reimbursed up to $263.00 per month for employee only coverage and $424.00 for dependent coverage under this option.
Eligible, part-time unit employees, who are scheduled to work a minimum of forty (40) hours but less than sixty-four (64) hours in a pay period, providing proof of alternative health insurance coverage, shall be reimbursed up to $132.00 per month for employee only coverage and $212.00 for dependent coverage under this option.
Part-time unit employees, who are scheduled to work less than forty (40) hours in a pay period, are not eligible for the Alternative Benefit Option.
Employees choosing the ABO option cannot apply ABO benefit dollars, pursuant to IRS Code Section 125, toward options under the Flexible Benefits Plan. However, to the extent that any cash out benefit becomes available to the employee as income, employees may use such income to purchase options on a pre- or post-tax basis under the Flexible Benefits plan, pursuant to Section 5.B.i.
Administration of this option shall be subject to County guidelines.
Employees who select employee only coverage but do not select dependent coverage under the ABO benefit will be eligible to cash out the dependent ABO amount as taxable wages. Employee only dollars are not cashable under any circumstances. Employees choosing the ABO option are eligible to receive the County non-elective contributions under the flex benefits plan for employee dental and vision premiums, subject to their participation in the flexible benefits plan.
County and Association may, by mutual agreement, agree to reopen this Article and meet and confer regarding its terms and conditions at any time during the term of this MOU.
Effective March 1, 2000, Unit employees shall receive the same group life insurance coverage provided for Deputy County Counsel classes.
The County continues to have the right and the obligation to administer the various insurance programs. These rights and obligations include but are not limited to the right to select the carriers and insurance claims administrators after prior meet and consultation with the Association. Changes in insurance carriers or administrators shall not result in any overall reduction in benefits.
For employees hired after June 30, 1988, who work less than full‑time (80 hours in a pay period) the County shall pay that portion of the insurance premium that represents the ratio of their working hours to the full‑time assignment of 80 hours per pay period. For example, if an employee is employed to work 60 hours in an 80 hour pay period, the County will pay 60/80 or ¾ of the cost of the medical insurance premium. For employees hired prior to June 30, 1988, the County shall continue to pay insurance premiums as outlined in sections 5.A, 5.B, 5.C and 5.D of this Agreement without proration based on hours worked.
In consideration of the fact that employees covered by this Agreement must practice their profession solely for the benefit of Monterey County, the County agrees to reimburse said employees for basic California State Bar dues when the due date deadline for said Bar dues is on or after their date of employment and is during the term of this Agreement. Each eligible employee shall submit a copy of his or her bill from California State Bar Association together with a County claim testifying that the bill has been paid in order to receive reimbursement.
Effective with the first full pay period following ratification of this agreement, Unit Employees shall receive the same Professional Organization membership benefit as Deputy County Counsel classifications. Attorneys shall be eligible for reimbursement of dues for the California Public Defenders Association on the same basis as State Bar dues: each eligible employee shall submit a copy of his or her bill from their organization together with a County claim testifying that the bill has been paid in order to receive reimbursement.
Effective with the first full pay period following ratification of this agreement, unit employees are eligible to receive a professional expense allowance of seventy-five dollars ($75) for each full calendar quarter during which they occupy a permanent position in the Attorney class. An employee who occupies a permanent position in the Attorney class for less than a full quarter shall be paid a prorated sum equal to one-thirtieth (1/30) of the quarterly allowance prescribed herein. Payment shall be made at the end of each quarter.
Employees will be reimbursed up to four hundred ($400) dollars per fiscal year for pre-approved professional development courses, seminars and conferences, travel, lodging, meals and associated materials which are related to the employee’s career as a Deputy in the office in which he/she is employed.
The department head shall establish internal procedures to administer this provision.
It is understood that this amount is in addition to any funds spent for training courses at the department’s direction and that such courses shall be taken on the employee’s own time.
Employees hired after the effective date of this agreement shall be eligible for this benefit on a pro rata basis.
Effective with the first full pay period following ratification of this agreement, Unit employees shall receive the same Professional Leave benefits as provided to Deputy County Counsel classes.
Effective with first full pay period following ratification of this agreement, Unit employees shall receive the same holidays as Deputy County Counsel classes.
Effective with the first full pay period following ratification of this agreement, unit employees shall receive the same Annual Leave, Annual Leave cap and Annual Leave buyback provisions as Deputy County Counsel classes.
An employee who terminates, is separated from employment, takes a military leave of absence, retires or is laid off shall be paid for any earned and unused annual leave in the manner provided in the section titled "Compensation for Portion of a Pay Period," in the Personnel Policies and Practices Resolution.
Effective March 1, 2000, all Unit members shall receive the same income protection plan provided to Deputy County Counsel classes.
Sick leave accrued by Attorney at the time this plan goes into effect shall still be available for use by the Attorneys.
A. It is intended that this agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety.
B. Existing benefits and working conditions which are not referenced in this Memorandum of Understanding, as contained for example in the Salary and Benefits Resolution, and which are subject to the meet and confer process shall continue without change unless modified as required by law. The County assures the Association that unless changes are warranted by operational necessity it does not presently intend or anticipate, during the term of this Memorandum of Understanding any change, modification or cancellation of wages, hours, and/or working conditions which are subject to the meet and confer process and which are presently in effect or contained in this Memorandum.
C. Except as specifically provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required, although they may mutually agree otherwise, to negotiate with respect to any subject or matter covered herein or with respect to any other matter within the scope of negotiations, during the term of this Agreement.
D. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto and, if required, approved and implemented by the County’s Board of Supervisors.
E. The waiver of any breach, term or condition of the Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.
F. The parties shall consult in good faith on any disagreement as to the meaning or interpretation of any term or provision of this Agreement.
G. It is the understanding of the parties that, for any matters not addressed in the preceding paragraphs, the provisions of the County’s current Personnel Resolution, will apply.
The County and Association agree that the term of this agreement commences on the date of full ratification of the Agreement and shall continue for each fiscal year thereafter unless a successor agreement is executed, or until the conclusion of the impasse procedures as outlined under the County’s Employer-Employee Relations Resolution. In the event either the County or the Association desires to negotiate a successor agreement, that party shall serve written notice upon the other party between October 1 and November 15 of any fiscal year. The parties agree to meet within thirty (30) days of the service of such notice.
Monterey County Public Defenders’ Association
County of Monterey