2019 - 2023 SCDPDAAMemorandum of Understanding: Article 19: Miscellaneous Provisions

Sonoma County Deputy Public Defender Attorneys’ Association

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19.1 Employment in More Than One Position
19.2 Continuous Service
19.3 Personal Property
19.4 Auto Direct Deposit
19.5 Discrimination Prohibited – EEO
19.6 Conflict of Interest / Incompatible Activities
19.7 Distribution of Memorandum of Understanding
19.8 MOU – Invalidation of Article / Section
19.9 Health Care Reform Reopener
19.10 Domestic Partner
19.11 Retirement Security Labor Management Committee
19.12 Retiree Medical Benefit Changes Reopener

19.1 Employment in More Than One Position

Except for working elections as provided by resolution of the Board of Supervisors, no person employed in a regular position may be employed by the County of Sonoma in any other regular, temporary or seasonal position, nor shall any person be employed by the County in two (2) or more part-time positions which will, in combination, provide for more than forty (40) hours of regularly scheduled work in any calendar week.

19.2 Continuous Service

No paid absence under any provisions of this Memorandum shall be considered as a break in service for any employee who is in paid status during the absence. All benefits which, under the provisions of this Memorandum, accrue to employees who are in paid status shall continue to accrue during such absence.

19.3 Personal Property

Upon recommendation of the appointing authority, the County, in accordance with Government Code Section 53240, shall provide for payment of the costs of replacing or repairing property or prostheses 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, and as amended by Board of Supervisors Resolution No. 90-0721 dated April 24, 1990.

19.4 Auto Direct Deposit

The County will make a deposit of the employee's pay checks directly to the employee’s account(s) at their designated participating financial institution(s). The effective date of the deposit will be one day after the regularly scheduled date of payroll issue. Employees may request a printed paycheck due to hardship or other extenuating circumstances (e.g. identity theft, change in financial institutions, or domestic violence situations, etc.).

Printed pay stubs will not automatically be provided. Pay stub information can be found bi-weekly in the self-service feature of the HRIS system where print and/or save functions are available.

Members who leave County employment for reasons other than retirement will be able to access their on-line paycheck information for a period of two months following their date of separation.

19.5 Discrimination Prohibited – EEO

Provisions of this Memorandum of Understanding shall be equally applied to all employees in the unit without unlawful discrimination as to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, or sexual orientation. The parties agree that the prohibition against sexual discrimination include sexual harassment. The County and the Union shall equally share the responsibility of the application of this provision. An employee alleging unlawful discrimination may utilize the County’s Equal Employment Opportunity Discrimination Complaint Procedure to first seek adjustment of a complaint, but may not use the Grievance Procedure of this Memorandum of Understanding.

19.6 Conflict of Interest / Incompatible Activities

19.6.1 Conflict of Interest

Each affected employee shall be furnished with a copy of the Conflict of Interest Code adopted for the Department.

19.6.2 Incompatible Activities

The Department Head shall determine which specific activities are incompatible subject to approval by the Board of Supervisors. Employees who violate the department policy are subject to disciplinary action, up to and including termination. The department incompatible activities policy includes notice and appeal procedures, as well as the following prohibitions: Employment for compensation which is in conflict with the employee's County duties; outside employment involving the use of County time, facilities, equipment or supplies; compensation for work which an employee would ordinarily be required to perform in the course of County duties; performance of work that will later be subject to the control, inspection, or enforcement of another employee in the County; outside employment for which time demands render performance of County duties less efficient.

19.7 Distribution of Memorandum of Understanding

This Memorandum of Understanding is available on-line at the County’s internet and intranet sites.

19.8 MOU – Invalidation of Article / Section

If during the term of this Memorandum, any provision of this Memorandum is rendered invalid by operation of any applicable law, rule, regulation, or order issued by governmental authority or tribunal of competent jurisdiction, or if compliance with or enforcement of the item or portion of this Memorandum shall be restrained by any tribunal, the provision of this Memorandum shall be immediately suspended and be of no effect so long as the law, rule, regulation, or order shall remain in effect. Any invalidation of a part or portion of this Memorandum shall not invalidate any remaining portion which shall continue in full force and effect.

19.8.1 MOU – Replacement of Suspended or Invalidated Provision

In the event of suspension or invalidation of any provision of this Memorandum, the parties agree except in an emergency situation, to meet and confer within 30 days after such determination for the purpose of arriving at a mutually satisfactory replacement for the provision.

19.9 Health Care Reform Reopener

The County and the Union agree to reopen the MOU solely to make necessary changes to health and welfare benefit eligibility and/or coverage options as required by the Patient Protection and Affordable Health Care Act (PPACA), commonly referred to as Health Care reform, or as required by similar subsequent statutes or regulations implemented during the term of this agreement.

19.10 Domestic Partner

19.10.1 Domestic Partner Defined

The term “domestic partner” as used in the MOU is based on the definition below:

A “domestic partnership” 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 cause to be filed 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.

19.10.2 Termination of Domestic Partnership

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.

19.10.3 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.

19.11 Retirement Security Labor Management Committee

After the effective date of the parties’ successor MOU and during the timeline specified below, the County and the SCDPDAA will form a management/labor retirement benefits committee. The charge of the committee is to gather and analyze information on County employee retiree benefits and to develop recommendations for optimal long-term solutions that meet the interests and needs of all impacted parties and still position the County to have total compensation market competitiveness and workforce stability. As part of this recommendation, the parties shall address the following items: unfunded liability cost sharing; pension cost sharing; pension obligation bonds; retiree medical benefits, longevity, and retiree cost of living adjustment. Other retirement related issues may be considered by mutual agreement.

The committee shall consist of up to two (2) SCDPDAA members and six (6) management representatives. SCDPDAA team members will be permitted time off without loss of compensation or other benefits when formally meeting or engaging in mutually agreed upon preparation or caucus time.

The County and the SCDPDAA further agree that the committee should include representatives from all County bargaining units and employee organizations and that they will support having representatives of all such units and organizations participating in the committee by commencement of the committee’s work in March 2021. The County and the SCDPDAA further agree that the committee’s work will be completed by March 2022. The committee’s recommendations and strategies will be advisory only to the County’s CAO’s office. The SCDPDAA shall not be bound by any recommendations of the committee.

19.12 Retiree Medical Benefit Changes Reopener

If during the term of this MOU the County extends to any other employee unit, including Unit 0049 (Board of Supervisors), Unit 0050 (Administrative Management), or 0052 (Department Heads), a change to the retiree health benefit for employees hired prior to January 1, 2009, which was negotiated with the SCLEA Bargaining Unit in that Unit’s 2018 labor agreement, the County agrees to reopen this MOU and meet and confer on the subject of retiree medical benefits as applies to SCDPDAA.