Sonoma County Law Enforcement Association (SCLEA)

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2019 - 2023 SCLEAMemorandum of Understanding: Article 7: Salaries and Administration of the Salary Schedule

Sonoma County Law Enforcement Association

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7.1 Salaries

Salary scales shall be as specified in Appendix A for each classification contained within each of the units represented by the Association.

Market/Equity 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 SCLEA represented 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 increases are as follows:

Effective the pay period beginning July 16, 2019: For those benchmark classifications that are below the market average by 4% or less, the A-I Steps will be increased by the percentage listed in Appendix A-1. For those benchmark classifications that are below market average by more than 4%, the A-I steps will be increased by 4%. The County will concurrently increase the A-I Steps of each SCLEA represented non-benchmark classification salary scale based on the County’s internal salary administration alignments.

Effective May 5, 2020: For those benchmark classifications that are below the market average by more than 4%, the A-I Steps will be increased by the remaining percentage needed to reach the total percentage specified in Appendix A-1. The County will concurrently increase the A-I Steps of each SCLEA represented 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 specified in Appendix A-1 of this agreement. The County will concurrently increase the A-I steps of each SCLEA represented non-benchmark classification salary scale based on the County’s internal salary administration alignments.

Effective the pay period beginning May 4, 2021, the County will provide an additional equity adjustment by increasing the A step of each job classification by the amount specified in Appendix A-1 of this agreement. The County will concurrently increase the A-I Steps of each SCLEA represented 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 divided equally between years 2 and 3 of the MOU as indicated in Appendix A-1.

No salaries will be reduced as a result of these adjustments.

Salary Adjustments

During the four year Agreement, the County will provide four salary adjustments for SCLEA represented classifications. The effective dates and amounts of the cost of living adjustments are as follows:

Effective the first full pay period beginning July 30, 2019: The County will increase by three percent (3%) the A-I Step of each scale in the Salary Table specified in Appendix A and attached to this Agreement.

Effective the first full pay period in May 19, 2020: The County will increase by three percent (3%) the A-I Step of each scale in the Salary Table specified in Appendix A and attached to this Agreement.

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.
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.

7.1.1 Pension Pick Up

Effective the first full pay period on or after adoption of this MOU by the Board of Supervisors (June 25, 2013), The County will cease providing the one percent (1%) pick up of the employee’s share towards Retirement.

7.1.2 Hourly Cash Allowance

Effective the first full pay period closest to May 19, 2009, 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 $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 $600 per month).

Such hourly cash allowance is compensation for services rendered in that pay period and shall be taken into account for the 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 on the salary schedule. It is not intended as a supplement toward medical, dental, or any other insurance or benefit.

7.2 Salary Upon Employment

Except as otherwise provided herein, 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 step for the class.

7.3 Advanced Step Upon Employment

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 rate higher than the minimum upon recommendation of the Department Head with approval of the County.

7.4 Reappointment Consideration

Any full-time or part-time employee who resigns in good standing, and who is reappointed on a full-time or part-time basis in the same class or a closely related class in the same salary scale or in a lower salary scale within five years after resignation may, upon approval by the County, be paid at any step in the appropriate salary scale, but not less than two steps below the step paid at the time of resignation. Approval of the County is only required if the person is rehired at a step which exceeds step paid at the time of resignation.

7.5 Extra Help to Permanent Appointment

An Extra Help employee who is appointed to an allocated part-time or full-time position in any class and without a break in service, shall be paid at a step which is nearest in amount to that of the step received in the class held immediately prior to such appointment. Employment at a higher salary step not to exceed the maximums of the scale may be authorized upon recommendation of the Department Head.

7.6 Salary Upon Restoration

Any full-time or part-time employee displaced, laid off, or voluntarily demoted in lieu of layoff and reappointed within two 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 salary step closest to but not exceeding the step of the applicable scale paid at the time of displacement, layoff or voluntary demotion. Such 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.

7.7 Salary Upon Promotion

Except as otherwise provided herein, any full or part-time employee who is promoted to a position in 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 (5) percent of the employee’s salary step rate before promotion, but not less than the minimum salary scale of the new class nor greater than the maximum salary of the new class. If a promotion occurs in 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 1,040 hours. The effective date of the merit increase shall be in accordance with Section 7.21.

7.8 Advanced Salary Upon Promotion

Upon promotion of a full-time or part-time employee to a new class, the Human Resources Director may recommend to the County Administrator that the person being promoted shall receive a rate of pay which is higher than that to which the employee is entitled, but which in no way exceeds the top of the scale.

7.9 Salary Upon Demotion During Probation

Any 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 throughout the employee’s period of service in the higher class. The employee’s eligibility for merit advancement shall be determined as if the employee had remained in the lower class throughout the period of service in the higher class.

7.10 Salary Upon Involuntary Demotion

A full or part-time employee, to whom the circumstances described in Section 7.9 do not apply, who is demoted involuntarily to a position in 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 which is the next lower than, or not more than five (5) percent lower than the salary received before demotion, except that such employee shall 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.

7.11 Salary Upon Voluntary Demotion

A full or part-time employee, to whom the circumstances described in Section 7.9 above do not apply, who is demoted voluntarily or who is displaced 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, or displaced as a result of layoff shall receive the highest salary step in the scale for the new class which does not exceed the salary received before demotion or displacement but not exceeding the maximum of the salary scale for the new class. The employee’s eligibility for merit advancement shall not change as a result of demotion or displacement.

7.12 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 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.

7.13 Salary Upon Transfer

A full-time or part-time employee who transfers from one allocated position to another allocated position in the same job class shall be placed at the same salary step which the employee was receiving prior to the transfer. A full or part-time employee who transfers from one allocated position in a job class to another allocated position in a closely related job class as defined in the Civil Service Rules for which s/he possesses the minimum qualifications shall be paid at the step in the new scale nearest in amount to what the employee received prior to transfer.

7.14 Salary Upon Reallocation of Class

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

7.15 Salary Upon Reclassification of Position – Same Salary

Whenever a position is reclassified to a class which is allocated to the same salary scale, the incumbent shall retain the same salary step received prior to the reclassification if the incumbent is appointed to fill the position.

7.16 Salary Upon Reclassification of Position – Higher Salary

Except as otherwise provided herein, whenever a position is reclassified to a class which is allocated to a higher salary scale, the salary of the incumbent shall be as provided in Section 7.7 if the incumbent is appointed to fill the position.

7.17 Salary Upon Reclassification of Position – Lower Salary

Whenever a position is reclassified to a class which is allocated to a lower salary scale, the salary of the incumbent shall be as provided by Section 7.11, if the incumbent is appointed to fill the position. Whenever the effect of reclassification is to reduce the salary of an incumbent, the Board of Supervisors may, upon recommendation by the Human Resources Director, 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 first occurs. Appropriate records shall show such an incumbent as being paid at a special fixed rate (Y-rate) of the salary scale for the employee’s class.

7.18 Merit Advancement Within Salary Scales

Merit increases within a scale shall not be automatic. They shall be based upon merit and shall require a written performance evaluation with a minimum satisfactory overall rating. An employee with a less than satisfactory overall rating on the employee’s most recent performance evaluation shall not be eligible for a merit increase until the employee receives an overall rating of satisfactory. The performance evaluation shall be reviewed by the employee’s Department Head and approved in writing prior to the granting of any merit increase. 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 five percent (5%) higher than the previous base hourly rate.

7.19 Performance Appraisals

Performance appraisals of full-time and part-time employees which deny a merit salary increase or have an overall rating of “unsatisfactory” may be grieved at the employee’s option through the 3^rd step of the Grievance Procedure established under this Memorandum for a final decision.

7.20 Salary Upon Advancement Within a Scale

Each employee shall be considered for an initial merit increase when the employee’s total hours in paid status within the same class, exclusive of overtime, equals 1,040 hours. Thereafter, an employee shall be considered for subsequent merit increases when the employee accumulates 2,080 hours paid status, exclusive of overtime.

7.21 Effective Date of Merit Increase

Merit increases shall become effective the start of the work day during which the employee becomes eligible for the merit increase.

7.22 Salary Upon Temporary Assignment to a Higher Class

An employee assigned by the appointing authority to perform the full range of duties of a higher classification to fill a vacancy caused by resignation, termination, promotion or an approved leave of absence, who meets the minimum qualifications for the higher classification, and who completes a training period in the higher classification of one hundred and twenty (120) hours aggregate, shall be placed at the step in the new class that is 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, nor greater than the maximum salary of the new class. The employee shall receive this salary as long as the employee continues to serve in such assignment and shall be entitled to receive any authorized increases for the position in accordance with the merit increase Section of this Memorandum as though the employee had been appointed on the day that the employee began to receive the salary designated for the position. All other benefits to which an employee is entitled under the terms of this MOU shall continue and no additional benefits will be provided to employees temporarily assigned to a higher class. The employee will have the right to refuse higher classification assignments.

When the temporary assignment ends, merit hours completed during the temporary assignment to the higher class will be applied to the primary assignment for purposes of determining step placement and eligibility for subsequent merit increases.

7.23 Subsequent Reassignment

An employee subsequently reassigned after the completion of the one hundred and twenty (120) hour training period in Section 7.22 will immediately receive the salary provided in Section 7.22 above.

7.24 Salary Upon Disciplinary Reduction in Pay

No disciplinary reduction in salary step(s) shall exceed five percent (5%) over a time period of one thousand and forty hours (1,040) and shall not result in a step placement less than the minimum for the class. A reduction in compensation shall apply only to regular hours worked and hours treated as hours worked, which currently includes paid administrative leave, jury duty leave, military leave and compassionate leave. The rate reduction excludes premiums, overtime, vacation and compensatory time accruals and usage, and vacation, sick and compensatory time pay off. Employees may appeal to the Civil Service Commission from an order reduction in compensation pursuant to the Rules of the Civil Service Commission.

7.25 Comparison Agencies

Unless mutually agreed to, all classifications within Bargaining Units 40, 41, 30, and 70 shall utilize the following for comparable agency purposes:

Alameda County, Contra Costa County, Marin County, Napa County, Sacramento County, San Mateo County, San Luis Obispo County, Santa Clara County, Santa Cruz County, Solano County, and the City of Santa Rosa shall be included as comparable agencies.

For purposes of understanding market data in applicable classification studies, top-step salary of comparable job classifications within the composite list of eleven agencies will be determine, then the two agencies showing the highest and lowest top-step salary will be removed from the calculation. At least four match classes must exist in order to conclude there is sufficient market data.