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Human Resources Department

Sonoma County Prosecutors’ Association (SCPA)

2019 - 2023 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, and has a valid Declaration of Domestic Partnership per California Family Code section 297 et. seq.

This definition will not apply to County employees receiving domestic partnership benefits as of the date of Board adoption of this agreement.

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18.11 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 then comparing that to the Sonoma District Attorney IV position.  The County reserves the right to use the Child Support Attorney IV as a benchmark for the Child Support Attorney series should it be deemed warranted by the survey data.

At the Union’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.

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18.12 Retirement Security Labor Management Committee

After the effective date of the parties’ successor MOU and during the timeline specified below, the County and the Union 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 three (3) SCPA Union members and five (5) management representatives. Union 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. Additional SCPA staff may participate.

The County and the Union 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 the March 2021.  The County and the Union 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 County and the Union agree that to the extent the committee’s recommendations and/or strategies, and/or the County Administrator’s recommendations resulting from the committee’s recommendations and or strategies, address subjects that are specifically covered by existing articles or sections in the parties’ labor agreements, those specific articles or sections may be re-opened by either party to formally meet and confer. Unless the parties mutually agree otherwise, the earliest reopener negotiations will commence will be June 2022.

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18.13 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, the County agrees to reopen this MOU and meet and confer (negotiate) on the subject of retiree medical benefits as applied to SCPA.

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