2018 - 2019 SCPDIAMemorandum of Understanding: Article 3: Definitions
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None of the following definitions are intended to apply in the administration of the County Employee’s Retirement Law of 1937 or to the County’s Civil Service Ordinance nor the Rules of Civil Service Commission.
Base Hourly Rate
The base hourly rate shall be the hourly rate corresponding to the salary step in the salary range to which the employee is assigned.
Bi-Weekly Pay Period
Fourteen (14) consecutive calendar days which begin on a Tuesday and end with the second Monday thereafter.
Break in Service
A break in employment from the County such as a termination or resignation. A break in service does not occur because an employee is on an unpaid status.
January 1 through December 31
Time off with pay at the applicable hourly rate to which an employee is entitled, as provided for in this Memorandum, instead of cash compensation.
The County of Sonoma, any of its organizational unit or boards and commissions, as administratively determined by the County; may include department head, Board of Supervisors, Chief Administrative Officer or a supervisor.
The Public Defender, or designee.
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 in 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.
The performance of County functions or services necessary, in the opinion of the County, to protect or preserve the lives, safety, health, or property of the County or the public it serves, but "emergency operations" shall not be construed to mean situations where the County knew in advance of non-emergency situations and could have reasonably planned for any work schedule change necessary to adequately cope with the situation.
Any person legally employed by the County and a member of the bargaining unit represented by the Association.
An employee who is employed in an allocated position which is regularly scheduled for 80 hours of work in each pay period.
An employee who is employed in an allocated position which requires work each pay period, but less than that required of a full-time employee.
An employee who is not covered by the provisions of the Fair Labor Standards Act (FLSA).
Extra Help Employees
As defined in the Civil Service Rules and not represented by this bargaining unit.
Flex-Time Work Schedule
A non-regular work schedule with or without a consistent pattern as to the number of work hours per day or week, but an arrangement whereby the employee is obligated to perform work and be responsible for flexing the hours of his/her own work schedule. Employees assigned to a flex-time work schedule will be eligible for overtime only when the hours worked exceed 80 in a pay period or as otherwise required by law.
All time spent by the employee while the employee is engaged in duties or activities required by the County and pursued necessarily and primarily for the benefit of the County. For the non-exempt employee, hours worked shall also include all hours that the County knows or has reason to know that work is being performed.
An employee designated by the County to be covered by the provisions of the Fair Labor Standards Act.
Whenever an employee is at work, absent on a paid holiday, absent on leave with pay, or absent on authorized compensatory time off.
An employee who is serving a probationary period as provided in the Civil Service Rules.
A period which is used for the adjustment and evaluation of a newly appointed or reassigned employee as provided for in the Civil Service Rules.
Regular Rate of Pay
Defined in the Fair Labor Standards Act and used for computing statutory overtime for the non-exempt employee. It is calculated by taking the employee's base hourly rate times the number of hours worked in a given work period plus the total of all standby compensation and any special assignment premiums due to the employee in the work period divided by the number of hours worked in the work period.
Regular Work Period
The determination by the County of the fixed regularly recurring work period used for the determination of statutory overtime. For non-sworn, non-exempt employees the regular work period is seven consecutive days which currently begins at 12:01 a.m. Tuesday morning. For sworn, non-exempt employees the regular work period is currently 14 consecutive days which coincides with the County's bi-weekly pay period.
Regular Work Schedule
The determination by the County of an employee's specific work days, work weeks, work periods, and work shifts, established on a regular, ongoing basis.
Regular Work Day
A 24-hour period containing a specified number of hours of work and normally interrupted by a meal break.
Means only wages and premiums, but does not include benefits such as insurance, vehicle use, paid leaves, overtime, shift differential or other economic benefits.
The salary level for any given classification. The salary scale shall consist of nine salary steps, each approximately 2-1/2% apart and identified with the letter "A" through "I". Each salary scale shall be identified by a number that shall correspond with the cents per hour of the "A" step of that salary scale. Similarly, each step of the salary scale shall be expressed in cents per hour.
Overtime that is required by FLSA. Currently, for the non-sworn, non-exempt employee it is all hours worked in excess of 40 in a regular 7 day work period. For the sworn, non-exempt employee, it is all hours worked in excess of 86 in a regular 14 day work period.
Any paid or unpaid absence from work that has been approved by the employee's department head.
The hours which an employee is scheduled to work within a regular workday.
3.3 Fair Labor Standards Act Not Incorporated
The provisions of the Fair Labor Standards Act are not hereby incorporated into this contract by the mention of the statute.