Sonoma County Prosecutors’ Association

Memorandum of Understanding
between The County of Sonoma
and SCPA,
June 4, 2019 – May 6, 2023

UNIT 0045

DEPUTY DISTRICT ATTORNEY & CHILD SUPPORT ATTORNEY UNIT

NON-SUPERVISORY

Table of Contents

Article 1 Preamble

Article 2 Recognition

Article 3 Term of Memorandum

Article 4 Management Rights

Article 5 Association Rights

  • 5.1 Association’s Recognized Right to Represent
  • 5.2 Association Employee Contact
  • 5.3 Association Meetings and Meeting Space
  • 5.4 Association Bulletin Boards
  • 5.5 Association Employee Lists
  • 5.6 New Employee Information
  • 5.7 Association Stewards
  • 5.8 Association Business
  • 5.9 Release Time

Article 6 Salary Administration and Other Compensation

  • 6.1 Salary Scales and Adjustments
  • 6.2 Salary Upon Employment 
  • 6.3 Salary – Consideration Upon Reappointment or Return 
  • 6.4 Salary Upon Restoration
  • 6.5 Salary Upon Promotion
  • 6.6 Advanced Salary Upon Promotion
  • 6.7 Salary Upon Demotion During Probation (Failed Probation)
  • 6.8 Salary Upon Involuntary Demotion
  • 6.9 Salary Upon Voluntary Demotion
  • 6.10 Salary Upon Reappointment From Voluntary Demotion
  • 6.11 Temporary Assignment to a Higher Class
  • 6.12 Temporary Promotion – Merit Increase Eligibility
  • 6.13 Salary Upon Reallocation of Class
  • 6.14 Salary Upon Reclassification of Position – Same Salary
  • 6.15 Salary Upon Reclassification of Position – Higher Salary
  • 6.16 Salary Upon Reclassification of Position – Lower Salary
  • 6.17 Merit Advancement
    • 6.17.1 Merit Advancement Within Salary Scales
    • 6.17.2 Special Merit Advancement
    • 6.17.3 Merit Increase – Total Hours Required
    • 6.17.4 Merit Advancement Non-Grievable
    • 6.17.5 Effective Date of Merit Increase
  • 6.18 Deputy District Attorney III Temporary Assignment Premium Pay
  • 6.19 Deferred Compensation – County Paid Program
    • 6.19.1 Deferred Compensation – Administrative Fees
  • 6.20 Deferred Compensation – Voluntary Plan
  • 6.21 PST/457 Deferred Compensation Retirement Plan
  • 6.22 Hourly Cash Allowance
  • 6.23 Mileage Reimbursement
  • 6.24 After Hours Standby Duty and Call Back Compensatory Time
    • 6.24.1 Requests for Compensatory Time Off
  • 6.25 Bilingual Pay

Article 7 Hours of Work

  • 7.1 Purposes of This Article
  • 7.2 Work Schedules
  • 7.3 Work Hours
  • 7.4 Overtime in a Board-Designated Emergency

Article 8 Bar Dues

Article 9 Staff Development

  • 9.1 Staff Development and Wellness Benefit Allowance – Amount
  • 9.2 Professional Development – Additional Amount 
  • 9.3 Continuing Education Leave
  • 9.4 In-Service Training
    • 9.4.1 Authorization
    • 9.4.2 Payment for In-Service Training
  • 9.5 Article 9, Staff Development 

Article 10 Health & Welfare Benefits for Active Employees

  • 10.1 Active Employee Health Plans
  • 10.2 Enrollment in County Offered Health (Medical, Dental, Vision, Life Insurance) Plans
    • 10.2.1 County Offered Medical Plans
    • 10.2.2 County Contributions Toward Active Employee Medical
    • 10.2.3 Dental Benefits
    • 10.2.4 Vision Benefits
    • 10.2.5 Life Insurance
    • 10.2.6 Part-Time Employee – Health Benefits
    • 10.2.7 Health Reimbursement Arrangement (HRA) Contribution
  • 10.3 Employee Assistance Program
  • 10.4 Long-Term Disability Benefit
    • 10.4.1 Long-Term Disability Claims Dispute
  • 10.5 Workers Compensation
    • 10.5.1 Workers’ Compensation Claims Disputes
    • 10.5.2 Workers’ Compensation Temporary Disability – Supplementing With Paid Leave
    • 10.5.3 Leave Accrual While on Workers Compensation Leave
  • 10.6 Health Benefits During Medical / Pregnancy Disability Leave
  • 10.7 Health Benefits During Leaves of Absence – Non-Medical Leaves Without Pay
  • 10.8 Continuation of Employee Paid Health Benefits Coverage
  • 10.9 Part-Time Employees – Health Benefits During Leave of Absence
  • 10.10 COBRA Continuation Rates
  • 10.11 Salary Enhancement Plans
    • 10.11.1 IRS Section 414(h)(2)
    • 10.11.2. IRS Section 125
  • 10.12 Benefits: Plan Documents and Other Controlling Documents
  • 10.13 Short Term Disability – Payroll Deduction

Article 11 Medical Benefits for Future Retirees

  • 11.1 Retiree Medical Coverage
  • 11.2 County Contribution Toward Retiree Medical Plans – Employees Hired Before January 1, 2009
  • 11.3 County Contribution Toward Retiree Medical Plans – Employees Hired On or After January 1, 2009, Effective January 1, 2009
  • 11.4 Surviving Dependents – County Contribution for Employees Hired Before January 1, 2009
  • 11.5 Surviving Dependents – County Contribution for Employees Hired On or After January 1, 2009

Article 12 Holidays

  • 12.1 Scheduled Holidays
  • 12.2 Elimination of Floating Holidays and Holiday Eve Hours
  • 12.3 Holidays – Observed
  • 12.4 Holidays – Compensation for Holidays
  • 12.5 Floating Holiday

Article 13 Vacation

  • 13.1 Vacation – Maximum Accumulation
  • 13.2 Vacation – Part-Time Employees
  • 13.3 Vacation – Accrual Rates
  • 13.4 Vacation Accrual Upon Reappointment
  • 13.5 Vacation Schedules
  • 13.6 Payment for Unused Vacation

Article 14 Sick Leave

  • 14.1 Sick Leave Benefit for Employees in Allocated Positions
    • 14.1.1 Accrual Rate
    • 14.1.2 Accrual – Restoration of Accrued Time
    • 14.1.3 Change in Employment Status – Extra Help to Allocated
  • 14.2 Sick Leave Use
    • 14.2.1 Sick Leave Use – Non-FMLA/CFRA/PDL Leave
    • 14.2.2 Sick Leave Use – FMLA/CFRA/PDL Qualifying Leave
  • 14.3 Sick Leave Documentation
    • 14.3.1 Annual Period – Allocated Employees
    • 14.3.2 First Forty-Eight Hours
    • 14.3.3 Subsequent Hours
    • 14.3.4 Reasonable Documentation
    • 14.3.5 FMLA/CFRA/PDL
  • 14.4 Sick Leave Conversion at Regular Retirement
  • 14.5 Sick Leave Payoff at Regular Retirement
  • 14.6 Sick Leave Distribution at Death or Layoff
  • 14.7 Sick Leave Payoff at Disability Retirement
  • 14.8 Medical Examinations

Article 15 Miscellaneous Leaves of Absence

  • 15.1 Leaves of Absence Without Pay Usage Reference Table
  • 15.2 Compassionate Leave
  • 15.3 Family Care and Medical Leave Under FMLA and CFRA
    • 15.3.1 Family Care and Medical Leave – Eligibility
    • 15.3.2 Family Care And Medical Leave – Entitlement
    • 15.3.3 Family Care And Medical Leave to Care for a Covered Service Member With a Service Injury or Illness
    • 15.3.4 Family Care and Medical Leave – Paid Status and Benefits
    • 15.3.5 Relationship of Family Care and Medical Leave to Other Leaves
    • 15.3.6 Family Care and Medical Leave – Relationship to Pregnancy Disability Leave
    • 15.3.7 Family Care and Medical Leave – Notice to the County
    • 15.3.8 Family Care and Medical Leave – Medical Certification
    • 15.3.9 Family Care and Medical Leave – County’s Response to Leave Request
    • 15.3.10 Family Care and Medical Leave – Dual Parent Employment
    • 15.3.11 Family Care and Medical Leave – Employee’s Status on Returning From Leave
    • 15.3.12 Family Care and Medical Leave – Procedures, Definitions, and Forms
    • 15.3.13 Family Care and Medical Leave – Minimum
  • 15.4 Time Off for Donating Blood
  • 15.5 Court Leave
  • 15.6 Jury Duty
  • 15.7 Voting
  • 15.8 Sabbatical Leave – Requirements
    • 15.8.1 Sabbatical Leave – Eligibility
    • 15.8.2 Sabbatical Leave – Application
    • 15.8.3 Sabbatical Leave – Continuation of Benefits
  • 15.9 Disaster Leave
  • 15.10 Paid Parental Leave
  • 15.11 Total Compensation Comparison

Article 16 Layoff Policy and Benefits

  • 16.1 Layoff – Applicability
  • 16.2 Layoff – Notice
  • 16.3 Layoff – Severance Period
  • 16.4 Layoff – Medical Benefits

Article 17 Retirement

  • 17.1 Retirement – Credit for Prior Public Service
  • 17.2 Retirement – Employees Hires On or Before December 31, 2012 or Qualified for Pension Reciprocity
    • 17.2.1 Final Compensation Based On Single Year
    • 17.2.2 3% @ 60 Pension Formula
    • 17.2.3 Required Employee Contribution
    • 17.2.4 Employee Cost Share – 50% of Normal Cost
  • 17.3 Retirement – Employees Hired On or After January 1, 2013
    • 17.3.1 Final Compensation Based On Three Year Average
    • 17.3.2 2% @ 62 Pension Formula
    • 17.3.3 Required Employee Contributions

Article 18 Miscellaneous Provisions

  • 18.1 Employment in More Than One Position
  • 18.2 Continuous Service
  • 18.3 Personal Property
  • 18.4 Direct Deposit
  • 18.5 Discrimination Prohibited – EEO
  • 18.6 Conflict of Interest / Incompatible Activities
    • 18.6.1 Conflict of Interest
    • 18.6.2 Incompatible Activities
  • 18.7 Distribution of Memorandum of Understanding
  • 18.8 MOU – Invalidation of Article / Section
    • 18.8.1 MOU – Replacement of Suspended or Invalidated Provision
  • 18.9 Health Care Reform Reopener
  • 18.10 Domestic Partner
    • 18.10.1 Domestic Partner Defined
    • 18.11 Total Compensation Comparison
  • 18.11 Favored Nation
  • 18.12 Retirement Security Labor Management Committee
  • 18.13 Retiree Medical Benefit Changes Reopener

Article 19 Grievance Procedure

  • 19.1 Purpose
  • 19.2 Definitions
    • 19.2.1 Grievance
    • 19.2.2 Day
    • 19.2.3 Grievant
  • 19.3 Representation
  • 19.4 Initiation Deadline
  • 19.5 Time Limits
  • 19.6 First Step
  • 19.7 Second Step Grievance
  • 19.8 Second Step Response
  • 19.9 Third Step Grievance
  • 19.10 Third Step Response
  • 19.11 Mediation
  • 19.12 Arbitrable Grievances
  • 19.13 Selection of Arbitrator
  • 19.14 Arbitration Panel – Selection of Arbitrator
  • 19.15 Arbitration Issues
  • 19.16 Arbitrator’s Authority
  • 19.17 Binding / Non-Binding Decision
  • 19.18 Arbitrator’s Decision Due
  • 19.19 Arbitration Expenses Shared

Article 20 Agency Shop Service Fee

  • 20.1 Authorization for Union Dues Deduction
  • 20.2 Payroll Deductions / Authorizations
  • 20.3 Notice of New Employees
  • 20.4 New Employee Orientation
  • 20.5 Development and Incorporation of Law

Article 21 Full Performance

  • 21.1 No Strike Obligation
  • 21.2 No Lockout 

Article 22 Full Understanding, Modifications and Waiver

  • 22.1 MOU – Full Understanding
  • 22.2 Full and Unqualified Meet and Confer Waiver
  • 22.3 Non-Precedent Setting
  • 22.4 No Limit on Civil Service Commission Authority
  • 22.5 Full Force and Effect

Article 23 Enactment

Appendix A Salary Tables

Appendix A-1

Appendix B Departmental Grievance Procedure

Appendix C Side Letters

Contact Information

Human Resources Department
Business Hours
Monday – Friday
8:00 AM – 5:00 PM
Contact us by Phone
Address
575 Administration Drive
Room 116 B
Santa Rosa, CA 95403
38.465237, -122.725363

Labor Negotiation Updates

Bargaining Unit Contacts

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