2019 - 2023 DSA Memorandum of Understanding: Article 6: Employee Rights

Deputy Sheriff's Association 750

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6.1 Personal Property Reimbursement

Upon recommendation of the Department Head, the County, in accordance with Government Code Section 53240, shall provide for payment of the costs of replacing or repairing property or prosthesis of an employee, such as eyeglasses, hearing aids, dentures, watches, or articles of clothing necessarily worn or carried by the employee when any such items are lost or damaged in the line of duty without negligence by employee. If the items are damaged beyond repair, the actual value of such items may be paid. The value of such items shall be determined as of the time of the loss thereof or damage thereto in accordance with the Personal Property Claims Guide as provided by Board of Supervisors Resolution No. 56420, dated January 18, 1977. In accordance with the foregoing, the County and the Association agree that personal property customarily used by employees in the performance of special duties, such as divers’ equipment and gear and watches appropriate for divers and helicopter pilots and observers, shall be considered as “trade or crafts tools” as provided for in Board of Supervisors Resolution No. 56420. The County and the Association further agree that the Resolution No. 56420 requirement of the County and the Association to agree upon an inventory of such personal property used on duty is satisfied when the employee affected and the employee’s supervisor, or other designee of the Department Head, agree upon the personal property to be included in an approved inventory.

6.2 Personal Property Reimbursement Supplement – Damage to Employee Vehicles

The County will continue to make partial reimbursement for vehicle damage in accordance with Board of Supervisor’s Resolution 90-0721 dated April 24, 1990.

6.3 Safety Program

The County is committed to providing a safe and healthy workplace for its employees. On behalf of the employees it represents, the Association agrees that it is the duty of all employees to follow safe work practices and procedures and to report any unsafe practices or conditions to their immediate supervisor or designee. It is further agreed and understood that the foregoing commitment to safety does not specifically establish a staffing level(s) within the Sheriff’s Department.

The County has developed and the Board of Supervisors approved on February 26, 2008 an Occupational Safety and Health Program in accordance with Sonoma County Administrative Policy 6-4 Safety Management Policy and Sonoma County Safety Management Program (Resolution # 08-0157).

6.4 Employee / Association Safety Appeals

All hazard reports, actions and appeals shall follow the process contained in the County of Sonoma Safety Management Policy, Administrative Policy 6-4, and Sonoma County Safety Management Program, and shall not be the subject of a grievance through this MOU.

6.5 Personnel Files

An employee shall have the right to inspect and review any personnel file or record relating to his/her performance as an employee which is kept or maintained by the County. The County shall provide an opportunity for the employee to respond in writing to any information contained therein with which he disagrees. Such response shall become a permanent part of the employee’s personnel file. The employee shall be responsible for providing the written responses to be included as part of the employee’s personnel file. At his/her request, an employee shall be provided one copy of any document placed in the employee’s personnel file. No employee shall have any comment adverse to his/her interest entered in his/her personnel file without the employee having first read and signed the document containing the adverse comment, except that such entry may be made if after reading the document the employee refuses to sign it. Should an employee refuse to sign, the fact shall be noted on the document. The County and Association agree that Personnel files and records are confidential. It is further understood and agreed that reference letters and background investigations are exempt from review by the employee or the Association. Should an employee wish to have an Association or non- Association representative review his/her personnel file and/or records in the employee’s absence, the employee will provide the Association or non- Association representative with a signed letter indicating the employee’s consent to have his/her file and/or records reviewed. The Association or non-Association representative shall present said consent letter to the employee’s department head or designee prior to reviewing said employee’s file and/or records. All personnel files and records are and remain the property of the County. The Department Head shall keep one personnel file for each employee in the bargaining units covered by this Memorandum of Understanding. Time for inspection and review of such files and/or records shall be available to the employees at any reasonable time during the regular business hours of the County.

6.6 Uniform Review Process – Written Reprimand

Employees shall have a uniform administrative appeal process for written reprimands during the term of this Agreement.