memorandum of understanding

 

County of Monterey

&

Monterey County Prosecutors Association

Unit E

January 2000


table of contents

1.   PARTIES. 1

2.   WAGES. 1

3.   EMPLOYEE BENEFITS. 1

4.   SPECIAL PAY PRACTICES. 2

A.  DEFERRED COMPENSATION PLAN.. 2

B.   LAW ENFORCEMENT ADVISORY PAY.. 2

C.  BUSINESS-RELATED MILEAGE. 2

5.   INSURANCE.. 2

A.  MEDICAL INSURANCE. 2

B.   FLEXIBLE BENEFITS PLAN.. 2

i.    General Provisions. 2

ii.    County Non-Elective Contributions. 3

iii.   County Elective Contributions. 4

C.  ALTERNATIVE BENEFIT OPTION.. 5

D.  LIFE INSURANCE. 5

E.   INSURANCE CARRIERS. 5

F.   PRO RATED INSURANCE PREMIUMS. 6

6.   PROFESSIONAL BENEFITS. 6

A.  BAR DUES. 6

i.    Professional Organization Membership Fees. 6

B.   PROFESSIONAL DEVELOPMENT. 6

i.    Professional Expense Allowance. 6

ii.    Professional Development Courses Reimbursement 6

7.   PROFESSIONAL LEAVE.. 7

8.   HOLIDAYS. 7

9.   ANNUAL LEAVE.. 7

10. DISABILITY INCOME PROTECTION.. 7

11. GRIEVANCE PROCEDURE.. 7

12. FULL UNDERSTANDING, MODIFICATION, WAIVER.. 8

13. MCPA DUES. 8

14. CONCERTED ACTIVITIES. 8

15. TERM... 9

 


TENTATIVE AGREEMENT

MEMORANDUM OF UNDERSTANDING

Between the County of Monterey and the Monterey County Prosecutors Association pursuant to Government Code Section 3500 et seq.

1.      Parties

This agreement is made and entered into between the County of Monterey (herein called the “County”), and the Monterey County Prosecutors Association, an unincorporated association (herein called the “Association” or “Unit employees”), representing non­-management classifications of Deputy District Attorney I, Deputy District Attorney II, Deputy District Attorney III, and Deputy District Attorney 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.

2.      Wages

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 classifications will be considered for review as well.

Effective with the first full pay period following full ratification of this agreement, Deputy District Attorney classifications I – IV shall be paid at the same base 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.

3.      Employee Benefits

Effective with the 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. 

4.      Special Pay Practices

A.                             Deferred Compensation Plan

The deferred compensation program currently available to management employees shall be made available to permanent employees represented by the Monterey County Prosecutors Association.

B.                             Law Enforcement Advisory Pay

Deputy District Attorneys shall be required to take Law Enforcement Advisory duty on a rotational basis.  Law Enforcement Advisory Duty refers to a situation where off duty employees hold themselves available for immediate response to law enforcement agencies in Monterey County as directed by management.

Deputy District Attorneys placed on Law Enforcement Advisory Duty shall be paid Two Hundred Seventy-Six Dollars and Seventy-Five Cents ($276.75) per week.

C.                             Business-Related Mileage

The Deputy District Attorneys shall be allowed, reimbursed and paid the Internal Revenue Service Rate for each mile necessarily traveled for the execution of official duties, if required to operate their own or a privately-owned automobile.

5.      Insurance

A.                             Medical Insurance

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

B.                             Flexible Benefits Plan

                           i.      General Provisions

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.

                         ii.      County Non-Elective Contributions

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.

                           iii.      County Elective Contributions

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.

C.                             Alternative Benefit Option

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 5A

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.

D.                             Life Insurance

Effective March 1, 2000, Unit employees shall receive the same group life insurance coverage provided for Deputy County Counsel classes.

E.                              Insurance Carriers

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.

F.                              Pro Rated Insurance Premiums

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.

6.      Professional Benefits

A.                             Bar Dues

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 pay said employees for mandatory basic California State Bar dues when the due date deadline for said mandatory 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 for payment. 

                        i.      Professional Organization Membership Fees

Effective with the first full pay period following full ratification of this agreement, Unit employees shall receive the same Professional Organizational Membership benefits as provided to Deputy County Counsel classes.  Each eligible employee shall submit a copy of his or her bill from California District Attorney Association together with a County claim for payment 

B.                             Professional Development

                        i.      Professional Expense Allowance

Effective with the first payment following full ratification of this agreement Unit employees are eligible to receive a monthly 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.

                         ii.      Professional Development Courses Reimbursement

The County will reimburse 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 District Attorney. 

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.

Employees hired after the effective date of this agreement shall be eligible for this benefit on a pro rata basis.

7.      Professional Leave

Effective with the first full pay period following full ratification of this agreement, Unit employees shall receive the same Professional Leave benefits as provided to Deputy County Counsel classes.

8.      Holidays

Effective with the first full pay period following full ratification of this agreement, Unit employees shall the receive the same holidays as Deputy County Counsel classes.

9.      Annual Leave

Effective with the first full pay period following full 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.

10.  Disability Income Protection

Effective March 1, 2000, all Unit employees receive the same income protection plan provided to Deputy County Counsel classes.

11.  Grievance Procedure

In lieu of the Step three (3) - grievance procedure outlined in the Monterey County Personnel Resolution, the following describes the applicable procedure:

STEP 3 – Mediation

A.    If the grievance is not settled at Step 2 of the procedure, the employee shall, within the ten (10) day appeal period, make a written request to the Asst CAO-Human Resources & Employment Services to seek within ten (10) working days the assistance of a mediator from the State Conciliation Service in an attempt to resolve the grievance. The mediator shall have no authority to resolve the grievance except by the agreement of the Association and the County. In the event the grievance is not resolved, neither evidence or concessions agreed to or offered during mediation shall be admissible at the subsequent hearing.

12.  Full Understanding, Modification, Waiver

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.

13.  MCPA Dues

The County agrees to deduct Association dues from paychecks of employees in the Prosecutors Association who designate in writing on forms provided by the County that they wish to have dues deducted and paid over to the Association.

14.  Concerted Activities

During the term of this agreement, the Association agrees that under no circumstances will the Association recommend, encourage, cause or permit its members to initiate, participate, nor will any member of the bargaining unit take part in, any strike in any office or any department of the County, nor to curtail any work or restrict any production, or interfere with any operation of the County.  In the event of any such work-stoppage by any member of the bargaining unit, the County shall not be required to negotiate on the merits of any dispute which may have given rise to such work-stoppage until said work-stoppage has ceased.

15.  Term

The County and Association agree that the term of this agreement commences on the date of full ratification of this 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.

 

Date:

 

 

Monterey County Prosecutors Association

County of Monterey

 

 

 

 

 

 

 

 

 

 

 

 

 

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