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Human Resources Department

Sonoma County Prosecutors’ Association (SCPA)

2018 - 2019 SCPAMemorandum of Understanding: Article 18: Miscellaneous Provisions

Sonoma County Prosecutors’ Association

18.1 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. 

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18.2 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.

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18.3 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.

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18.4 Direct Deposit

The County will make a deposit of an employee's pay checks directly to their bank or credit union accounts.  The effective date of the deposit will be one day after the regularly scheduled date of payroll issue.

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18.5 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 Association 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.

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18.6 Conflict Of Interest / Incompatible Activities

18.6.1 Conflict Of Interest

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

18.6.2 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.

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18.7 Distribution Of Memorandum of Understanding

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

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18.8 MOU – Invalidation Of Article / Section

If during the term of this Memorandum, any provision of this Memorandum is held to be 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.

18.8.1 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.

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18.9 Health Care Reform Reopener

The County and the Association 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.

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18.10 Domestic Partner

18.10.1 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:

  1. the two parties reside together and share the common necessities of life;
  2. 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;
  3. the two parties declare that they are each other=s sole domestic partner and they are responsible for their common welfare;
  4. the two parties agree to notify the County in writing if there is a change of circumstances attested to the affidavit; and
  5. the two parties affirm, under penalty of perjury, that the assertions in the affidavit are true to the best of their knowledge.

18.10.2 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.

18.10.3 New Statements Of Domestic Partnership

No person who has filed an affidavit of domestic partnership may file another such affidavit until six (6) 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.

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18.11 (NEW) Favored Nations

If, during the term of this extension another bargaining unit other than 0049 (Board of Supervisors), 0050 (Administrative Management), and 0052 (Department Heads) receives an increase or improvement in compensation or other economic benefits that is greater than that agreed to by SCPA, the County agrees to open the MOU and meet and confer (negotiate) on the subject of compensation as applied to SCPA.

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