2018 - 2019 DSAMemorandum of Understanding: Article 8: Special Compensation Benefits
What’s on this Page
- 8.1 Special Compensation Premium Pays
- 8.2 Specialist Premiums
- 8.3 Specialty Assignment Trial Period
- 8.4 Specialty Assignment Guarantee Period
- 8.5 Specialty Assignment Continuation
- 8.6 Public Safety Officers Procedural Bill Of Rights Act
- 8.7 Joint Recommendation To Civil Service Commission
- 8.8 POST Premiums
- 8.9 Dog Handler
- 8.10 Mounted Unit
8.1 Special Compensation Premium Pays
Premium pays provided in this Memorandum will not be added to an employee's base hourly rate for computing overtime or any other differential, premium pay, or any other specialty pay unless specifically provided for in this Memorandum or as required by law.
8.2 Specialist Premiums
The County will provide specialist premium compensation to employees whom the Department Head assigns to a specialized unit of duty from among those assignments listed below. The specialist premium compensation shall be in lieu of any other payment for hazard pay and for any other payment for any and all hours of overtime worked while attending or participating in mandatory training in such specialty, except as otherwise required by law. Employees assigned to a specialist assignment will receive the specific premium identified for that assignment as an addition to the employee's base hourly rate, according to the levels listed below. An employee in a unit who is assigned to more than one specialty assignment shall receive the combination of the different premium pays up to and including a total of 10.0% above the base hourly rate.
The alternate helicopter observer premium will be paid only when alternate is assigned to observe.
The premium pay compensates Detectives, Helicopter Observers, Alternate Helicopter Observers, Resident Deputies, and Contract City Traffic Officers for any on-call responsibilities associated with this specialist assignment.
Specialist premium pay shall be compensated according to the levels shown below:
LEVEL I - ALL HOURS IN PAY STATUS
|Specialty Premium Pay Assignments||Amount||Assignments|
|Court Training Officer||2.5%||2|
|Contract City Traffic Officer||5.0%|
LEVEL II - ALL HOURS WORKED (includes regular hours worked and overtime)
|Specialty Premium Pay Assignments||Amount||Assignments|
|Dog Handler Supervisor||2.5%||1|
|Dog Handler (effective 3/1/16)||2.5%|
|Field Training Officer||5.0%||16|
|Alternate Helicopter Observer||7.5%|
|Magnet (effective 3/1/16)||2.5%|
LEVEL III - JOB CLASS RELATED SPECIALTY ASSIGNMENTS *
|Specialty Premium Pay Assignments||Amount||Assignments|
|Personnel / Background Investigator||5.0%||2|
* Resident Deputy, Detective, I.A. Investigator and Personnel / Background Investigators are non-civil service job classes.
8.3 Specialty Assignment Trial Period
An employee assigned to a specialty assignment covered by Article 8.2 shall serve an initial six consecutive months trial period in the specialty assignment effective from the date the employee was put in the assignment during which he or she may be removed from the assignment in the department head's sole discretion. If the Sheriff reassigns an employee from a Resident Deputy specialty assignment during the trial period, the employee shall continue receiving the Resident Deputy premium pay for 60 calendar days from the date of reassignment. Reassignment of an employee from a specialty assignment prior to the end of the sixth month of such assignment does not require a statement of cause or showing of cause under the rules of the Civil Service Commission.
8.4 Specialty Assignment Guarantee Period
- Once an employee in a specialty assignment has served the 6-months trial period, the employee shall be entitled to a guarantee period which shall last for an additional 30 months or an additional 42 months in the case of a Resident Deputy assignment. The department head may remove the employee involuntarily from the specialty assignment during the guarantee period for cause as stated in Rule 10 of the Civil Service Rules, or for reasons under Rule 11 of those rules relating to position allocation reductions. In the event an employee voluntarily transfers from a specialty assignment, any entitlement to a guarantee period is forfeited.
When the department requires staff beyond the number of assignments listed in Article 8.2, due to situational conditions, employees temporarily assigned in a specialty classification shall not be covered by the guarantee provisions of this Article. During such temporary assignments the employee will be compensated at the premium rate listed in Article 8.2.
- Temporary Field Training Officer (FTO) - Upon selection, completion of required training and assignment of a trainee(s), a temporary FTO is guaranteed six (6) months of premium pay, as listed in Article 8.2. Reassignment is at the Department’s discretion and will be for three (3) month periods. Temporary FTOs are expected to maintain the same standards as permanent FTOs.
When a temporary FTO is needed, an eligible employee not currently receiving the premium pay may be utilized for sick, vacation or other temporary relief, for no more than two full work shifts in a pay period and will receive the FTO premium for the full pay period. If such employee is assigned for more than two full shifts in a pay period, he/she is guaranteed three months premium pay.
Upon initial implementation of this provision, all temporary FTOs already assigned will receive a 6-month assignment guarantee.
8.5 Specialty Assignment Continuation
The department head may retain an employee in a specialty assignment beyond the guarantee period and may reassign the employee from the specialty assignment after the guarantee period at his/her sole discretion. Reassignment of an employee beyond the guarantee period does not require a statement of cause or showing of cause under the rules of the Civil Service Commission.
8.6 Public Safety Officers Procedural Bill Of Rights Act
The Association and the County intend by this article to establish a procedure during the term of this Memorandum that provides the rights and protection of the Public Safety Officers Procedural Bill of Rights Act to represented employees in specialty assignments by limiting the definition of punitive action under that Act to the reassignment of an employee from a specialty assignment only during the guarantee period. Nothing in this section shall be construed to impose an obligation on the parties beyond that which is required under state law.
8.7 Joint Recommendation To Civil Service Commission
The County would oppose during the term of this Memorandum, a change in Civil Service Commission Rules that would eliminate such an appeal regarding an employee's removal from a specialty assignment during the guarantee period as provided in Article 8.4. The Association, on its own behalf and on behalf of the employees covered under this Memorandum, will oppose the application of any existing Civil Service Commission Rule to permit an employee to appeal to the Commission his or her removal from a specialty assignment during a time other than the guarantee period in Article 8.4. The Civil Service Commission agreed March 7, 1990 to continue to serve as an appeals body for an employee who appeals removal from a specialty assignment under the provision of Article 8.4 - Specialty Assignment Guarantee Period, above, by extending the effective date of CSC Rule 8.7 (D) until after August 13, 2007.
The parties shall request the Civil Service Commission to modify Rule 8.7 (D) by replacing the last paragraph thereof with:
"The Foregoing limited transfer appeal procedures shall not apply to employees covered by the MOU between the County and DSA (law enforcement, supervisory and non-supervisory bargaining units) during the guarantee period for specialty assignments specified in Article 8.4 of this MOU.”
If the Commission declines, the parties shall request the Commission to defer the effective date of Rule 8.7 (D), for employees during their guarantee period in a specialty assignment, until August 14, 2007. The parties shall also oppose elimination of the existing appeal procedure and standards applicable to removal of employees for cause from specialty assignments during their guarantee periods.
8.8 POST Premiums
Except Deputy Sheriff I, each employee who has been awarded a valid intermediate, advanced, or supervisory certificate issued by the California Commission on Peace Officer's Standards and Training (POST) shall be eligible for POST Premium compensation upon presentation of said certificate to the County. Each eligible employee who has been awarded a valid intermediate certificate shall receive 3.25% of base hourly rate thereafter, added to the employee's base hourly rate for all compensation purposes, including overtime. Each eligible employee who has been awarded a valid advanced certificate shall receive 6.75% of base hourly rate thereafter, added to the employee's base hourly rate for all compensation purposes, including overtime. Each eligible employee who has been awarded a valid supervisory certificate shall receive 8.0% of base hourly rate thereafter, added to the employee’s base hourly rate for all compensation purposes, including overtime.
The premiums listed in this Section 8.8 represent the maximum amount paid at the respective level and are not subject to stacking.
The payments set forth in this Section 8.8 shall become effective at the beginning of the first full pay period following date of eligibility or application for the specified POST premium, whichever date is later.
8.9 Dog Handler
The parties estimate that the time canine officers spend in all aspects of the care, feeding, exercise, transport to/from work, and maintenance of their canines on a biweekly basis is seven hours. The parties further agree that any time spent in excess of such time is not reasonably necessary and is unauthorized. The parties stipulate that the pay rate for the performance of such work shall be $11.12 per hour. Accordingly, the full compensation due officers for the performance of their canine responsibilities, on a bi-weekly basis is $116.77 (monthly equivalent $253.00). This amount is in addition to the Specialist premium in Section 8.2.
Article 8.3 through 8.7 shall apply to those officers paid under this section.
8.10 Mounted Unit
Effective March 1, 2016, the 2.5% premium in this Section 8.10 will be eliminated.
With the approval of the Sheriff, up to seven (7) Deputies may volunteer to participate in the Mounted Unit. As a condition of participation in the Mounted Unit, each member will furnish their horse and equipment. The horse and equipment, provided by the deputy, must meet the approval of the Department. Deputies assigned to the Mounted Unit will be paid a two and one half percent (2.5%) premium for all hours worked. This premium will also compensate the deputy for providing the approved horse and equipment as well as all expenses to maintain the horse in approved condition. The two and one-half percent (2.5%) does not include reimbursements for mileage costs.
Deputies voluntarily participating in this program will be required to sign a waiver providing that the County of Sonoma is not responsible for any injury or loss of the horse and equipment and requiring the deputy to waive his/her rights to seek any claim against the County or its officers, agents or employees for such injury or loss. If the horse is injured or killed “in the line of duty” including training events, the Sheriff retains the discretion to reimburse the employee for such costs up to $5,000 per year/per occurrence. The deputy will have no recourse to seek review of such discretion under any MOU or other grievance procedure, including, but not limited to, proceedings by the Public Employee Relations Board.