Title
Human Resources Department recommending the Board:
1) Adopt and authorize the Chair to sign Resolution 234-2024 approving the negotiated Memorandum of Understanding (MOU) between the County of El Dorado and Deputy Sheriff’s Association, representing the Law Enforcement Bargaining Unit;
2) Authorize the Chair to sign said MOU, noting the MOU will be effective the first full pay period following Association ratification and Board of Supervisors adoption of the MOU; and
3) Direct the Human Resources Department and the Auditor-Controller's Office to administer and implement the MOU provisions.
FUNDING: General Fund.
Body
DISCUSSION / BACKGROUND
The term of the current MOU between the County of El Dorado and Deputy Sheriff’s Association (Association), representing the Law Enforcement (SA) Bargaining Unit (Unit), ended on December 31, 2016.
Pursuant to the Meyers-Milias-Brown Act (Government Code sections 3500 et seq.), representatives of the Association and the County have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment of employees in the bargaining unit. The County and Association jointly prepared a successor MOU, for the term of December 10, 2024, through December 9, 2026, reflecting agreed-upon revisions to certain terms and conditions. Subject to the provisions in the MOU, those revised terms and conditions with a County cost impact are summarized below, along with the estimated annual cost.
1. Increase existing on-call pay differential from $1.60/hr to $3.00/hr. Estimated annual cost increase of $48,700.
2. Increase existing Uniform allowance from $800/yr to approximately $1,000/yr. Estimated annual cost increase of $45,900.
3. Increase existing Shift pay differential from $0.75/hr to $1.00/hr and define “Night Shift” hours. Estimated annual cost increase $35,000.
4. Increase existing Bilingual assignment pay differential from $40/pay period to $1.00/hr and clarify eligibility criteria. Estimated annual cost increase of $10,300.
5. Increase existing Officer-in-Charge pay differential from $25.00/shift to 5.0% base hourly rate/hr per shift. Estimated annual cost increase $5,430.
6. Modify existing Canine Officer conditions of pay. Estimated annual cost increase $3,600.
7. Modify existing Compensatory Time Off (CTO) accrual provision to increase maximum accrual from 160 hours to 200 hours. Actual costs variable subject to employee accruals and cash out usage.
Other Terms and Conditions which are recommended for update, and which have little or unknown direct cost impact include, but are not limited to:
• Modification of existing Payroll Deduction provisions for legal compliance.
• Modification of existing Communications provisions for clarity and county-wide consistency.
• Modification of existing Education Incentive Pay provisions for clarity on existing regional accreditation requirement and to clarify pay eligibility for multiple degrees held.
• Modification of existing references to overtime in order to clarify and distinguish between FLSA required overtime and non-FLSA required overtime (“contract overtime”) compensation rates and CTO accrual eligibility. The term “premium compensation” is added to further differentiate contract overtime provisions.
• Modification of existing Acting Assignment pay model to comply with current California Public Employees' Retirement System (CalPERS) compensation reporting and eligibility of Temporary Upgrade Pay.
• Modification of existing Investigative Assignment/Detective pay to clarify currently eligible assignments within the Sheriff’s Office.
• Modification of existing Salary Step Increase language in order to clarify the timing of movement from Step 1 to Step 2 of the salary range.
• Addition of language to provide that post-probationary employees shall automatically advance to the next higher step in the salary range after completion of twenty six (26) pay periods of satisfactory service, until the top of the range is reached, unless otherwise denied by the Appointing Authority within the provisions of the MOU, for County-wide consistency.
• Modification of existing Salary Status Upon Reemployment language to extend the eligible reappointment period from one to two years, for County-wide consistency.
• Modification of existing Probationary Period language to: 1) reduce from 39 pay periods to 26 pay periods the initial probationary period for a new employee who has already attained a POST Basic Certificate by time of hire, 2) clarify when a secondary probationary period is or is not required, and 3) permit the appointing authority to extend, on a one time basis, up to 13 pay periods an employee’s probationary period to ensure an employee has demonstrated all of the necessary skills and traits to successfully pass probation for the job classification.
• Continue and incorporate language from an existing side letter to specify that employees may participate in County-sponsored retiree health plan at their own cost, provided they meet criteria.
• Clarification of language related to CalPERS retirement formula safety classification tiers.
• Removal of existing Retiree’s Conversion of Sick Leave language to medical insurance premiums as a moot provision.
• Modification of existing Holiday language in order to: 1) remove language that otherwise restricted limited term employees from holiday pay eligibility, 2) clarify holiday pro-ration for mid-year hire and part-time employees, 3) clarify date of holiday observance for employees who work non-traditional work schedules, and 4) clarify the precise conditions and calculation of payment for Holidays and Holiday in Lieu pay.
• Modification of existing Closures of County Buildings language to incorporate new provisions regarding closures of non-County facilities, teleworking, and to remove applicability of provision for all Sheriff’s Office employees in this unit beyond existing 24/7 operation exemptions.
• Modification of existing timing of initial use of Vacation and Sick leave language for County-wide consistency.
• Modification of existing Catastrophic Leave Donation program language for County-wide consistency, and to expand the frequency in which one may receive donated hours per year.
• Modification of existing Payment for Unused Sick Leave language to clarify the continuous service eligibility requirement.
• Modification of existing Tuition Reimbursement language for County-wide consistency.
• Modification of existing Reduction in Force language for County-wide consistency.
• Modification of existing Grievance Procedure language for County-wide consistency.
• Modification of existing Promotional Exam and Appointment language for clarity and conformity with current County rules and procedures.
• Removal of references to the October 2005 letter of agreement addressing Sheriff’s Office Jail Transportation Unit as moot.
Additional “house-keeping” language changes are included in the recommended MOU.
This MOU cancels all other previous agreements and shall otherwise supersede any policies, practices, or ordinance provisions, with which it may be in conflict. The MOU shall become of full force and effect upon approval and adoption by the Board of Supervisors and shall remain in effect through December 9, 2026. Nothing contained in the MOU shall be applied on a retroactive basis unless specifically stated.
ALTERNATIVES
The County negotiated this MOU in good faith with the Association under authority and direction of the Board, thus there are no recommended alternatives.
PRIOR BOARD ACTION
07/28/2015 Legistar file 11-0682: Board of Supervisors adopted the most recent MOU for this bargaining unit.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
Deputy Sheriff’s Association, County Counsel
CAO RECOMMENDATION
Approve as recommended.
FINANCIAL IMPACT
The impact for the remainder of Fiscal Year 2024-25 would be approximately $74,465 in increased costs affecting only the Sheriff’s Office and District Attorney’s Office. It is anticipated that the Sheriff’s Office and District Attorney’s Office will be able to cover the increased costs with salary savings. Staff from the Sheriff’s Office and District Attorney’s Office will monitor the impacts of compensation changes on their budgets and return to the Board if there is not sufficient budget to cover the compensation increases.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) The Clerk will obtain the signature of the Chair on the Resolution;
2) Human Resources will provide the Clerk with three original MOUs for the Chair to sign upon ratification by the Association; and
3) The Clerk will return one copy of executed resolution and two original MOUs to Misty Garcia in Human Resources once fully executed by the Chair and retain one fully executed MOU for the Board.
STRATEGIC PLAN COMPONENT
Workforce Excellence
Priority: Enhance Employee Retention
Action Item: Attract and retain the best employees by providing competitive compensation, training, and advancement opportunities, and creating a positive and thriving culture.
CONTACT
Joseph Carruesco, Director of Human Resources