Sonoma County Deputy Public Defender Attorneys’ Association (SCDPDAA)

County Of Sonoma › Administrative Support & Fiscal Services › Human Resources › Divisions and Units › Employee Relations › Labor Agreements & Salary Resolution › SCDPDAA › 2019-2023 MOU › Salary Administration and Other Compensation

2019 - 2023 SCDPDAAMemorandum of Understanding: Article 6: Salary Administration and Other Compensation

Sonoma County Deputy Public Defender Attorneys’ Association

Return to SCDPDAA 2019 - 2023 MOU Table of Contents

What’s on this Page

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
6.18 Deputy Public Defender III Temporary Assignment Premium Pay
6.19 Deferred Compensation – County Paid Program
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 Bilingual Pay
6.25 Total Compensation Comparison

6.1 Salary Scales and Adjustments

Salary scales for classifications represented by the Association are listed in Appendix A (Salary Table).

Market/Equity and Salary Adjustments

Based on the comparison agency salary and benefits data in the County’s 2018 Total Compensation Study as of November 30, 2018, the County will increase the A-I Steps of each benchmark classification salary scale by the amount to bring Sonoma County’s benchmark position to 100% of the Compensation Study’s comparison agencies’ total compensation average (Base + Cash + Ins. + Ret.), hereafter referred to as the “market average”. The effective dates and amounts of the market/equity and salary adjustment increases are as follows:

Effective the pay period that begins July 16, 2019, the County will increase the current I step of each job classification in the Salary Table specified in Appendix A and attached to this agreement by $1.15/hour. The County will then recalculate each salary scale in Appendix A from the adjusted I step to maintain an approximate 2.5% differential between salary steps.

Following the above adjustments, the County will provide an equity adjustment by increasing the adjusted A-I Step of each job classification in Appendix A, where the benchmark for those classifications was below the market average, by 4%, as listed in Appendix A-1. The County will concurrently increase the A-I Steps of each non-benchmark classification salary scale based on the County’s internal salary administration alignments.
Effective the pay period that begins July 30, 2019, the County will provide a salary adjustment by increasing the A Step of each job classification in Appendix A by two and eighty-five hundredths percent (2.85%).
Effective the pay period that begins May 5, 2020, the County will increase the current I step of each job classification in the Salary Table specified in Appendix A and attached to this agreement by $1.15/hour. The County will then recalculate each salary scale in Appendix A from the adjusted I step to maintain an approximate 2.5% differential between salary steps.

Following the above adjustments, the County will provide an equity adjustment by increasing the adjusted A-I Step of each job classification in Appendix A, where the benchmark for those classifications was below the market average, by 3.2% as specified in Appendix A-1. The County will concurrently increase the A-I Steps of each non-benchmark classification salary scale based on the County’s internal salary administration alignments.

Effective May 5, 2020, and after the salary adjustments provided above, the County will provide an additional equity adjustment by increasing the adjusted A step of each job classification in the Salary Table by .2% as specified in Appendix A-1. The County will concurrently increase the A-I Steps of each non-benchmark classification salary scale based on the County’s internal salary administration alignments.

The additional equity adjustments provided in Appendix A-1 were authorized by the County Board of Supervisors on May 7, 2019 to account for and redress calculation errors in the initial “Emp. Ret” column in the County’s 2018 Total Compensation Study as of November 30, 2018 and are to be split between years 2 and 3 as indicated on Appendix A-1.
Effective the pay period that begins May 19, 2020, the County will provide a salary adjustment by increasing the A-I Step of each job classification in Appendix A by two and eighty-five hundredths percent (2.85%).
Effective the pay period that begins May 4, 2021, the County will increase the current I step of each job classification in the Salary Table specified in Appendix A and attached to this agreement by $1.15/hour. The County will then recalculate each salary scale in Appendix A from the adjusted I step to maintain an approximate 2.5% differential between salary steps.

Following the above adjustments, the County will provide the remaining additional equity adjustment by increasing the adjusted A-I step of each job classification in the Salary Table by .2% as specified in Appendix A-1. The County will concurrently increase the A-I Steps of each non-benchmark classification salary scale based on the County’s internal salary administration alignments.
Effective the pay period that begins May 18, 2021, the County will provide a salary adjustment by increasing the adjusted A step of each job classification specified in Appendix A by at least one and nine tenths percent (1.90%) and not more than three and eight hundredths percent (3.8%). To determine the actual salary increase, the County will compare the following values:

(V1) The San Francisco-Oakland-Hayward All Urban Annual Consumer Price Index (CPI-U) issued by the Bureau of Labor Statistics in January 2022 for the preceding December percentage change from December of the prior year.

(V2) The County’s actual annual growth percentage of secured property taxes collected between fiscal years 2019-2020 and 2020-2021, divided by 1.5.

The effective salary adjustment to be applied to the salary scale will be based on the lesser of value (V1) and value (V2), above, in the following manner:
- If the lesser of value (V1) and value (V2) is less than or equal to 2%, then the effective salary adjustment will be 1.9%.
- If the lesser of value (V1) and value (V2) is greater than or equal to 4%, then the effective salary adjustment will be 3.8%.
  
  If the lesser of values (V1) and value (V2) is between 2% and 4%, the effective salary adjustment shall be calculated according to the following formula:
  
  Lesser of value (V1) and value (V2) = (X)
  (X) – 2% = (F)
  (F) x 0.95% = (G)
  (G) + 1.9% = effective salary adjustment: (H)
  
  Examples:
  
  (X) = 2.50%
  2.50 - 2.00 = 0.50
  0.50 x 0.95 = 0.475
  0.475 + 1.90 = 2.375% (H)
  
  (X) = 3.50%
  3.50 - 2.00 = 1.50
  1.50 x 0.95 = 1.425
  1.425 +1.90 = 3.325% (H)
Effective the pay period that begins May 3, 2022, the County will increase the A-I Step of each scale in the Salary Table by at least two percent (2%) and not more than four percent (4%). The actual amount of the increase each year within 2% and 4% will be determined by the lesser amount of the two following calculations:

(V3) The San Francisco-Oakland-Hayward All Urban Annual Consumer Price Index (CPI-U) issued by the Bureau of Labor Statistics in January 2021 and January 2022 for the preceding December percentage change from December of the prior year.

(V4)The County’s actual annual growth percentage of secured property taxes collected between fiscal years 2018-19 and 2019-20 for year 3 salary adjustment; and between fiscal years 2019-20 and 2020-21 for year 4 salary adjustment, divided by 1.5, respectively.
- If the lesser of value (V3) and value (V4) is between 2% and 4%, the County will increase the A Step by the lesser of the two values.
- If the lesser of value (V3) and value (V4) is less than or equal to 2%, the County will increase the A Step by 2%.
- If the lesser of value (V3) and value (V4) is greater than or equal to 4%, the County will increase the A Step by 4%.

6.2 Salary Upon Employment

Except as otherwise provided in this Memorandum, appointment to any position in any class shall be made at the minimum rate, and advancement to rates greater than the minimum rate shall be within the limits of the salary scale for the class.
In exceptional cases after reasonable effort has been made to obtain employees for a particular class at the minimum rate, employment of individuals who possess special qualifications higher than the minimum qualifications prescribed for the particular class may be authorized at a higher rate than the minimum upon recommendation of the Department Head with the approval of the County Administrator. The Department Head may authorize an advanced step salary placement through Step E. County Administrator approval is required for advance step placements for Steps F through I.

6.3 Salary – Consideration Upon Reappointment or Return

A full-time or part-time employee who resigns in good standing and is reappointed on a full-time or part-time basis in the same or closely related class in the same or in a lower salary scale within five (5) years of resignation, shall not be paid less than two (2) steps below the step paid at the time of resignation. Approval of the County Administrator is only required if the person is rehired at a step which exceeds the step paid at the time of resignation. The Department Head may authorize an advanced step placement through Step E. County Administrator approval is required for advance step placements Steps F through I.

6.4 Salary Upon Restoration

Any full-time or part-time employee displaced, laid off, or voluntarily demoted in lieu of layoff, and reappointed within two (2) years in the same class from which separated, or in a closely related class in the same salary scale, or in a lower salary scale than the class from which separated, shall be paid at the same step in the salary scale as the employee was paid at the time of displacement, layoff or voluntary demotion, or the step of the scale which is closest to but not exceeding the rate the employee is currently being paid as a County employee, whichever is greater. The employee shall be considered for merit increase when the employee’s total hours in paid status before and after separation and restoration equal the number of hours required for merit increase.

6.5 Salary Upon Promotion

Except as otherwise provided in this Memorandum, any full-time or part-time employee who is promoted to a position of a class allocated to a higher salary scale than the class from which the employee was promoted shall receive the salary step rate of the appropriate scale which would constitute an increase of salary most closely equivalent to but not less than five percent (5%) of the employee’s step rate before promotion, but not less than the minimum salary scale for the new class nor greater than the maximum salary of the new class.
If a promotion occurs during the same pay period a merit increase is due and approved, the merit increase shall be computed first and subsequently the increase due to promotion.
An employee who is promoted shall be considered for a merit increase when the employee’s total hours in paid status, exclusive of overtime subsequent to promotion, equals one thousand forty hours (1,040). The effective date of the merit increase shall be in accordance with Section 6.17.5 (Effective Date of Merit Increase).

6.6 Advanced Salary Upon Promotion

Upon promotion of a full-time or part-time employee to a new class, the Department Head may recommend to the County Administrator that the person being promoted receive a rate of pay that is higher than that to which the employee is entitled but in no way exceeds the top of the scale. The Department Head may authorize an advanced salary step placement through Step E. County Administrator approval is required for advance step placements for Steps F through I.

6.7 Salary Upon Demotion During Probation (Failed Probation)

A full-time or part-time employee who, during the employee’s probationary period, is demoted to a class which the employee formerly occupied in good standing during the same period of continuous employment in paid or unpaid status, shall have the employee’s salary reduced to the salary the employee would have received if the employee had remained in the lower class. The employee’s eligibility for merit advancement shall be determined as if the employee had remained in the lower class throughout the employee’s period of service in the higher class.

6.8 Salary Upon Involuntary Demotion

A full-time or part-time employee, to whom the circumstances described in Section 6.7 above do not apply, who is demoted involuntarily to a position of a class which is allocated to a lower salary scale than the class from which the employee is demoted, shall have the employee’s salary reduced to the salary in the scale for the new class next lower than, but not more than five percent (5%) lower than the salary received before demotion, except that the employee will not be paid more than the maximum of the scale of the class to which the employee is demoted. The employee’s eligibility for merit advancement shall not change as a result of demotion.

6.9 Salary Upon Voluntary Demotion

A full-time or part-time employee, to whom the circumstances described in Section 6.7 above do not apply, who is demoted voluntarily or who displaces as a result of layoff to a position in a class which is allocated to a lower salary scale than the class from which the employee is demoted, shall receive the highest salary step in the scale for the new class which does not exceed the salary received before demotion, but not exceeding the maximum of the salary for the new class. The employee’s eligibility for merit advancement shall not change as a result of demotion.

6.10 Salary Upon Reappointment From Voluntary Demotion

Any full-time or part-time employee who is demoted voluntarily and who is reappointed on a full-time or part-time basis in the same class within two (2) years shall be reappointed at either the same step the employee received at the time of demotion or the salary step nearest the amount of the employee’s present salary step, whichever is greater.

6.11 Temporary Assignment to a Higher Class

An employee assigned by the Department Head to perform the majority of duties of a limited term project position, with the approval of the County Administrator and the Director of Human Resources, or to a higher classification to fill a vacancy caused by resignation, termination, promotion, or an extended leave of absence, must complete the required personnel forms and must meet the minimum qualifications of the higher classification or position. The employee shall be paid according to the salary of the scale for the new class which would constitute an increase in salary at the step most closely equivalent to five percent (5%) greater than the employee’s salary before promotion, but not less than the minimum salary of the new class, or not greater than the maximum salary of the new class or a salary rate assigned to the limited term project position. The employee shall receive this salary as long as the employee continues to serve in the higher classification assignment and shall be entitled to receive any authorized increases for the higher class as described in section 6.12 (Temporary Promotion – Merit Increase Eligibility). A temporary assignment to a higher class pursuant to this Section 6.11 does not include the Deputy Public Defender III Temporary Assignment Premium Pay described in Section 6.18 below.

6.12 Temporary Promotion – Merit Increase Eligibility

Temporary assignments shall be administered in the following manner:

If an employee assigned to a higher class has not yet reached the “I” step in the lower class, in-service hours while temporarily assigned to a higher class shall count as time served in the lower class for purposes of merit increase(s). If employee reaches the “I” step of the lower class while temporarily assigned, all subsequent in-service hours worked while assigned to the higher class will begin counting toward a merit increase in the higher class.
If an employee is at the “I” step of the lower class when assigned to the higher class, in-service hours while temporarily assigned to a higher class shall count as time served in the higher class for purposes of merit increase(s) beginning with the first hour assigned in the higher class.
An employee who is subsequently reassigned by the Department Head within 12 months of the ending date of the most recent temporary assignment shall be considered for a merit increase in the higher class when the employee’s total cumulative hours in the higher class are in accordance with Section 6.18 – Merit Advancement. However, if the employee received credit toward a merit increase in the lower class for hours worked in a temporary assignment as provided in Section 6.12.A, such hours shall not also count toward a merit increase in the higher class.

6.13 Salary Upon Reallocation of Class

An employee in a position of a class that is reallocated from one salary scale to another shall continue to receive the same salary step.

6.14 Salary Upon Reclassification of Position - Same Salary

Whenever a position is reclassified to a class that is allocated to the same salary scale the incumbent shall retain the same salary received prior to the reclassification if the incumbent is appointed to fill the position in accordance with the Civil Service Rules.

6.15 Salary Upon Reclassification of Position - Higher Salary

Except as otherwise provided in this Memorandum, whenever a position is reclassified to a class that is allocated to a higher salary scale, the salary of the incumbent shall be provided by this Article 6 upon promotion if the incumbent is appointed to fill the position in accordance with the Civil Service Rules.

6.16 Salary Upon Reclassification of Position - Lower Salary

Whenever a position is reclassified to a class that is allocated to a lower salary scale the salary of the incumbent shall be provided by Article 6.9 upon voluntary demotion if the incumbent is appointed to fill the position in accordance with the Civil Service Rules. Whenever the effect of a reclassification is to reduce the salary of an incumbent, the Board of Supervisors may, upon recommendation by the Director of Human Resources, direct that the incumbent shall continue to receive the previously authorized salary until termination of employment in the position, or until a percentage increase in pay may be authorized, whichever occurs first. Appropriate records shall show an incumbent as being paid at a special fixed rate (Y-Rate) of the salary scale for the employee’s class.

6.17 Merit Advancement

6.17.1 Merit Advancement Within Salary Scales

Merit increases within a scale shall not be automatic. They shall be based upon merit and shall be made only upon written approval by the employee’s Department Head. Merit increases shall be made within the appropriate salary scale for the class by computing the new salary step rate which is most closely equivalent to two and a half (2 ½), five (5), seven and a half (7 ½), or ten (10) percent higher than the previous base hourly salary subject to the criteria below in 6.18.2. The usual merit increase for Satisfactory or Exceeds Standards, as documented by a written performance evaluation, shall be five (5) percent. The Department Head has the option of giving no increase or a two and a half (2 ½) percent increase for less than overall satisfactory performance.

To request a flexible merit increase (any increase other than five percent (5%) or to award a merit increase in advance of the eligible date), the Department Head must complete the Flexible Merit Increase form and attach the employee’s performance evaluation then forward to the County Administrator for approval.

6.17.2 Special Merit Advancement

Either (1) or (2) below can be awarded, but (1) and (2) may not be combined. Increase cannot exceed ten percent (10%) in the previous twelve (12) months.

Upon recommendation of the Department Head and approval by the County Administrator, an employee may be given a five percent (5%) merit step advancement before regularly scheduled as provided in Section 6.18.3. This special salary advancement shall be supported by an overall outstanding rating with no areas of improvement needed in the written performance evaluation. Only one special merit increase can be given in a twelve (12) month period or in the first twelve (12) months following appointment to the position.
An employee may be advanced in the salary scale based on merit with a seven and one half percent (7 ½%) or ten percent (10%) increase, documented by an overall Outstanding rating in the written performance evaluation with no areas rated Improvement Needed. A seven-and-one-half percent (7 ½%) or ten percent (10%) increase must have the recommendation of the Department Head and approval by the County Administrator.

6.17.3 Merit Increase – Total Hours Required

Each employee shall be considered for an initial merit increase when the employee’s total hours in paid status exclusive of overtime within the current class equals one thousand forty (1,040) hours. Each employee shall be considered for subsequent merit increases when the employee’s total hours in paid status exclusive of overtime, at each step to which advanced, equals two thousand and eighty (2,080) hours.

6.17.4 Merit Advancement Non-Grievable

This entire Section 6.17, including subsections, regarding merit increases shall not be grievable or appealable under this Memorandum or any County resolution, ordinance, policy or practice. An employee whose merit increase is denied by the Department Head may, upon request, meet and discuss with the Department Head the reasons for the denial. The decision of the Department Head shall be final.

6.17.5 Effective Date of Merit Increase

The effective date of an approved merit increase shall be the start of the work day during which the employee becomes eligible for the merit increase.

6.18 Deputy Public Defender III Temporary Assignment Premium Pay

An employee in the class of Deputy Public Defender III may be temporarily assigned by the Public Defender to be responsible for serious felony trial duties normally performed by an employee in the class of Deputy Public Defender IV. The Public Defender shall evaluate the performance of the Deputy Public Defender III during the temporary assignment. If the Public Defender certifies that the Deputy Public Defender III fully performs to the satisfaction of the Public Defender, then effective at the beginning of the start of the first full pay period following six (6) total months of satisfactory work in the higher class assignment, a Deputy Public Defender III shall be entitled to receive a premium pay of 7% above the employee’s base hourly pay for all subsequent hours of work spent in this higher class assignment.
A Deputy Public Defender III, who has been certified under this Article 6.18 by the Public Defender as satisfactorily performing serious felony trial duties, will be eligible for the 7% premium pay whenever the Public Defender subsequently reassigns the Deputy Public Defender III to another future assignment to again perform serious felony trial duties.
A Deputy Public Defender III may be certified under this Article 6.18 by the Public Defender to receive the 7% premium pay prior to completion of the six-month temporary assignment period if the employee has had equivalent previous felony trial experience and demonstrates to the Public Defender that the employee has satisfactorily performed serious felony trial duties.
At any time during a Deputy Public Defender III assignment to serious felony trial duties, the Public Defender may remove the Deputy Public Defender III from the assignment, and the 7% premium pay, if provided, shall cease effective with the last hour worked in the assignment.
For the purposes of Section 6.18, “serious felony trial duties” shall mean “any case where the potential maximum sentence is an indeterminate term, including murder, some gang offenses, as well as child (13 years and under) sexual assault, forcible adult sexual assault; any case involving the alleged personal use of a firearm, as well as the attempt of any of the above; Sexually Violent Predators, or any other complicated case as the Department Head deems fit as an unusually complex and/or serious case”.
Any decision by the Public Defender to assign work under this Article 6.18 is within the Public Defender’s sole discretion and may not be the subject of a grievance under the Article 16 of this Memorandum, the County’s General Grievance Procedure, under any other appeal procedure or policy of the County.

6.19 Deferred Compensation – County Paid Program

The County shall deposit 4.50% of the biweekly base salary of each employee of this Bargaining Unit into the County-provided 401(a) Deferred Compensation account, provided that the employee is in paid status for at least 50% of the employee’s regular work schedule in a pay period. Nothing in this Memorandum renders the County liable to any employee for continuance of the current deferred compensation plan in the event of a discontinuance of Internal Revenue Service or Franchise Tax Board approval of any County deferred compensation plan or portion of the plan or the employee becoming ineligible to participate in the deferred compensation plan. County paid deferred compensation under this Subsection 6.20 shall not be included in the calculations of retirement benefits.

6.20 Deferred Compensation – Voluntary Plan

The County will maintain a voluntary deferred compensation plan for all employees eligible under Federal law and the rules of the deferred compensation plan.

6.21 PST/457 Deferred Compensation Retirement Plan

Part-time (less than 0.50 FTE) employees who are hired on or after October 1, 1991, shall participate in the PST/457 Deferred Compensation Retirement Plan authorized by Internal Revenue Code Section 457 in lieu of Social Security.

The County shall contribute to the employee’s PST/457 deferred compensation account according to the following schedule:

Employee	County
3.50%	4.00%

6.22 Hourly Cash Allowance

Subject to the reductions identified in this Section, the County shall pay each permanent full- and part-time employee, in addition to their hourly regular earning rate from the salary schedule, a cash allowance of three dollars and forty five cents ($3.45) per paid status hour that the employee is in paid status excluding overtime, up to a maximum of eighty (80) hours in a pay period (or approximately a maximum of six hundred dollars ($600.00) per month). This hourly cash allowance is compensation for services rendered in that pay period and shall be taken into account for purposes of computing employees’ final compensation for pension purposes, as well as all usual taxation as their regular earning rate from the salary schedule. It shall not be included on the salary schedule and shall not be impacted by future increases in the salary schedule. It is not intended as a supplement toward medical, dental, or any other insurance or benefit.

Effective on July 16, 2019, the County will reduce the hourly cash allowance to $2.30 paid per pay status hour that the employee is in a paid status, up to a maximum of 80 hours in a pay period.

Effective May 5, 2020, the County will reduce the hourly cash allowance to $1.15 paid per pay status hour that the employee is in a paid status, up to a maximum of 80 hours in a pay period.

Effective May 4, 2021, the County will reduce the hourly cash allowance to $0.00 paid per pay status hour that the employee is in a paid status, up to a maximum of 80 hours in a pay period.

In consideration for the foregoing, the County has agreed to increase the I step of the salary scale of each job classification identified in Appendix A by $1.15/hour over a three (3) year period as set forth in Article 6.1 (Salary Scales and Adjustments).

6.23 Mileage Reimbursement

An employee who is authorized to and provides a motor vehicle for travel required of the employee in the performance of official duty shall be reimbursed at the current applicable federal business mileage rate as established by the IRS for each mile driven so long as the employee substantiates the time, place and business purpose of the travel. Employees requesting mileage reimbursement under this provision must submit a request for reimbursement no later than 90 days following the date of travel.

6.24 Bilingual Pay

A County Department Head may designate a bargaining unit position as a bilingual position requiring specific language bilingual skills on the average of at least 10 percent of the position’s work time. Bilingual skills shall include translating, answering phone calls, research, and speaking or corresponding with clients in a language other than English. To be eligible for bilingual premium pay, the employee in the designated position must demonstrate a language proficiency of job-related terminology acceptable to the department head and the Human Resources Director.

The County shall pay the employee in a designated position a premium of one dollar and fifteen cents ($1.15) per hour in addition to the employee’s base hourly rate of pay for each hour assigned and actually worked in a bilingual designated position.

6.25 Total Compensation Comparison

Total Compensation Survey

The following counties will be used for comparison to Sonoma County: Alameda, Contra Costa, Marin, Napa, San Mateo, Solano, Sacramento, San Luis Obispo, Santa Cruz, and Santa Clara.

The benchmark market average will be determined by calculating the total compensation of each benchmark classification within each agency within the composite list of ten agencies, then removing the agency showing the highest and the agency showing the lowest total compensation per benchmark classification.

At the Association’s request, one year before the expiration of the contract, the parties will meet to discuss the County’s methodology for the Total Compensation Survey. The parties agree there will be no more than three (3) meetings of up to two (2) hours each, unless otherwise mutually agreed.