2018 - 2019 Local 39Memorandum of Understanding: Article 2: Definitions
What’s on this Page
- 2.1 Non-Application Definitions
- 2.2 Definition of Terms
- 2.3 Fair Labor Standards Act - Not Incorporated
2.1 Definitions - Non-Application
None of the following definitions are intended to apply in the administration of the County Employee’s Retirement Law of 1937 or to the County’s Civil Service Ordinance nor the Rules of Civil Service Commission.
2.2 Definition of Terms
Base Hourly Rate:
The base hourly rate shall be the hourly rate corresponding to the salary step in the salary scale to which the employee is assigned.
Bi Weekly Pay Period:
Fourteen (14) consecutive calendar days which begins on a Tuesday and ends with the second Monday thereafter.
Break in Service:
A break in employment from the County such as a termination or resignation. A break in service does not occur because an employee is on an unpaid status.
January 1 through December 31
Time off with pay at the base hourly rate to which an employee is entitled, as provided for in this Memorandum, instead of cash compensation.
The County of Sonoma, the Sonoma County Water Agency, any of its organizational units or boards and commissions, as administratively determined by the County; may include appointing authority, Board of Supervisors, Chief Administrative Officer or a supervisor.
The General Services Director, Fair Manager, Director of Regional Parks, Public Works Director, and General Manager of the Sonoma County Water Agency, or designee, and any other similar chief operating and administrative officer, or designee, of a County department employing one or more members of the bargaining unit represented by the Union.
Shall exist between two persons, one of whom is an employee of the County, covered by this Memorandum of Understanding, regardless of their gender and each of them shall be the “domestic partner” of the other if they both complete, sign, and file with the County an “Affidavit of Domestic Partnership” attesting to the following:
- the two parties reside together and share the common necessities of life;
- the two parties are not married to anyone, eighteen years or older, not related by blood closer than would bar marriage in the State of California, and mentally competent to consent to contract and are not acting under fraud or duress;
- the two parties declare that they are each other’s sole domestic partner and they are responsible for their common welfare;
- the two parties agree to notify the County in writing if there is a change of circumstances attested to the affidavit; and
- the two parties affirm, under penalty of perjury, that the assertions in the affidavit are true to the best of their knowledge.
Termination: A member of a domestic partnership may provide notice of the end of said relationship by filing a statement with the County. In the statement, the person filing must affirm, under penalty of perjury, that 1) the partnership is terminated and 2) a copy of the termination statement has been mailed to the other partner.
New Statements of Domestic Partnership: No person who has filed an affidavit of domestic partnership may file another such affidavit until six months after a statement of termination of the previous partnership has been filed with the County. This requirement does not apply if the earlier domestic partnership ended because of the death of either partner.
The performance of County functions or services necessary, in the opinion of the County, to protect or preserve the lives, safety, health, or property of the County.
Any person legally employed by the County and a member of the bargaining unit represented by the Union.
An employee who is employed in an allocated position that is regularly scheduled for eighty (80) hours of work in each pay period.
An employee who is employed in an allocated position that is regularly scheduled for less than eighty (80) hours of work per pay period.
Flex-Time Work Schedule:
A non-regular work schedule with or without a consistent pattern as to the number of work hours per day or week, but an arrangement whereby the employee is obligated to perform work and be responsible for flexing the hours of his/her own work schedule in accordance with written arrangements agreed to by the employee and the appointing authority.
Includes all time spent during which the employee is engaged in duties or activities required by the County and pursued necessarily and primarily for the benefit of the County.
Are all hours in paid status excluding overtime.
Whenever an employee is at work, absent on a paid holiday, absent on leave with pay, or absent on authorized compensatory time off.
An employee who is serving a probationary period as provided in the Civil Service Rules.
A period which is used for the adjustment and evaluation of a newly appointed or reassigned employee as provided for in the Civil Service Rules.
The reassignment of an employee from a position in one class to a position in another class which is allocated to a higher salary or salary scale.
Regular Rate of Pay:
Is as defined in the Fair Labor Standards Act and is used for computing statutory overtime for non-exempt employees. It is calculated by taking the employee’s base hourly rate times the number of hours worked in a given work period plus the total of all standby compensation and any special assignment premiums due to the employee in the work period divided by the number of hours worked in the work period.
Regular Work Period:
The determination by the County of the fixed regularly recurring period of either seven (7) or fourteen (14) consecutive days.
Regular Work Schedule:
The determination by the County of an employee’s specific work days, work weeks, work periods, and work shifts, established on a regular, ongoing basis.
Regular Work Day:
A 24-hour period containing a specified number of hours of work (normally no more than 8, 9 or 10 consecutive hours of work) and normally interrupted by a meal break.
Means only wages and premiums, but does not include benefits such as insurance, vehicle use, paid leaves or other economic benefits.
The salary level for any given classification. The salary scale shall consist of nine (9) salary steps, each approximately two percent (2%) apart and identified with the letter "A" through "I." Each salary scale shall be identified by a number that shall correspond with the cents per hour of the "A" step of that salary scale. Similarly, each step of the salary scale shall be expressed in cents per hour.
Time spent by an employee in continuous employment by the County in paid or unpaid status as long as there is no break in service.
Split Work Day:
A 24-hour period containing no more than eight (8) or ten (10) non-consecutive hours of work.
Is all overtime required to be paid by the Fair Labor Standards Act. Currently, it is all hours worked in excess of forty (40) hours in a regular seven (7) day work period. For employees on a regular fourteen (14) day work period, it is all hours worked in excess of eight (8) in a regular work day or all hours worked in excess of eighty (80) in a regular fourteen (14) day work period.
The hours which an employee is scheduled to work within a regular or split workday.
2.3 Fair Labor Standards Act Not Incorporated
The provisions of the FLSA are not hereby incorporated into this contract by the mention of the statute.