HomeMy WebLinkAboutDoc 631 - FOPPO Labor AgrmtDeschutes County Board of Commissioners
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AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of November 13, 2013
DATE: November 5, 2013
FROM: Erik Kropp Administrative Services ext. 6584
TITLE OF AGENDA ITEM:
Consideration and approval of Contract No. 2013-631, a Collective Bargaining Agreement between
Deschutes County and the Federation of Oregon Parole and Probation Officers.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
The Federation of Oregon Parole and Probation Officers (FOPPO) is the labor union representing
Deschutes County Parole and Probation Officers in Adult Parole and Probation. The current
collective bargaining agreement between the County and FOPPO expired on June 30, 2012.
The new collective bargaining agreement is a 3-year contract, effective July 1,2012 -June 30,
2015. The agreement includes a 2.9% cost ofliving adjustment (based on CPI) retroactive to July 1,
2012; a 1.5 -3.5% cost ofliving adjustment for Fiscal Year 2013-14; and a 1.5 -3.5% cost ofliving
adjustment for Fiscal Year 14-15. The agreement also includes an employee health insurance
monthly premium of up to 7.5%, not to exceed $140, of the per-FTE cost for Fiscal Year 2013; up
to 8.5% of the per-FTE cost, not to exceed $155, for Fiscal Year 2014, and up to 9.5% of the per
FTE cost, not to exceed $170, for Fiscal Year 2015. This language is consistent with the health
insurance language contained in the Deschutes County Sheriff Employees' Association's collective
bargaining agreement.
The County's bargaining team included Bruce Bischof, Tanner Wark, Ken Hales, Christine Bell,
Christopher Bell, Debbie Legg, Tracy Scott, and Erik Kropp. The association's bargaining team
included Karen Vinson, Vicki Dizney, Vern Yeager, as well as their attorney Rhonda Fenrich.
As prescribed in the Public Employees Collective Bargaining Act (ORS 243.650 -243.782), the County
and FOPPO representatives conducted direct bargaining for the minimum of 150 days and attempted
mediation before FOPPO declared impasse. Since a contract was not reached, both sides submitted its
Last Best Offer with the arbitrator. A Last Best Offer is a comprehensive package and the arbitrator is
statutorily required to pick one package or the other, without modification. ORS 243.746 requires that
the arbitrator pick the package that is in the "interest and welfare of the public." To determine the
interest and welfare of the public, the arbitrator can look at the fiscal effect of the parties' proposals on
the County's budget; impact on the recruitment of qualified personnel; the total compensation package
of the affected employees; comparison with employees performing "similar services" in comparable
communities; the cost of living in the community; any stipulation of the parties; and finally, other
factors consistent with the sections above that are traditionally taken into consideration.
The Last Best Offers submitted differed on only one account: the FOPPO offer included the addition of
a 30-minute paid lunch period.
After weighing the testimony provided at the arbitration hearing and the written arguments, the
arbitrator selected the County's Last Best Offer. The arbitrator's decision is binding and the County is
required to adopt the contract. The FOPPO bargaining team has signed the contract and the County's
negotiating team recommends approval of the contract.
FISCAL IMPLICATIONS:
The fiscal impact of the cost ofliving increase were included in the FY 2012-13 and FY 2013-14
budgets for Adult Parole and Probation. For FY 2014-15, the fiscal impacts of the cost ofliving
increases will be included as part of the budget process.
RECOMMENDATION & ACTION REQUESTED
Staff recommends approval of Contract No. 2013-631, a Collective Bargaining Agreement between
Deschutes County and the Federation of Oregon Parole and Probation Officers.
ATTENDANCE: Erik Kropp, Ken Hales and/or Tanner Wark.
DISTRIBUTION OF DOCUMENTS:
County Counsel's Office
Personnel Department
County Administrator's Office
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AGREEMENT
BETWEEN
DESCHUTES COUNTY
AND
THE FEDERATION OF OREGON
PAROLE & PROBATION OFFICERS
July 1,2012 -June 30, 2015
DC 20 3· 631
Agreement Between Deschutes County and the FEDERATION OF OREGON PAROLE AND
PREAMBLE
ARTICLE 1
ARTICLE 2
ARTICLE 3
ARTICLE 4
ARTICLE 5
ARTICLE 6
ARTICLE 7
ARTICLE 8
ARTICLE 9
ARTICLE 10
ARTICLE 20
ARTICLE2I
ARTICLE 22
ARTICLE 23
ARTICLE 24
ARTICLE 25
ARTICLE 26
ARTICLE 27
ARTICLE 28
ARTICLE 30
ARTICLE 31
ARTICLE 32
ARTICLE 33
ARTICLE 11
ARTICLE 12
ARTICLE 13
ARTICLE 14
ARTICLE 15
ARTICLE 16
ARTICLE 17
ARTICLE 18
ARTICLE 19
ARTICLE 29
PROBATION OFFICERS
July 1,2012 --June 30, 2015
TABLE OF CONTENTS
PAGE
...................................................................................................................................................2
RECOGNITION .......................................................................................................................2
FEDERATION SECURITY .....................................................................................................2
MANAGEMENT RIGHTS ......................................................................................................4
NON-DISCRIMINATION .......................................................................................................4
PROBATIONARY EMPLOyEES ...........................................................................................4
DISCIPLINE AND DISCHARGE ...........................................................................................5
GRIEVANCE PROCEDURE ...................................................................................................6
SALARY ADMINISTRATION ...............................................................................................7
CALL BACK TIME AND AFTER HOURS WORK ..............................................................9
HOURS OF WORK ..................................................................................................................9
OVERTIME AND COMPENSATORY TIME ...................................................................... IO
WORKING-OUT-OF-CLASS AND LEAD PAY .................................................................10
VACANCIES .......................................................................................................................... 11
PERFORMANCE EVALUATIONS ......................................................................................12
PERSONNEL FILE ................................................................................................................12
LONGEVITY AND LENGTH OF SERVICE .......................................................................12
SENIORITY AND LAYOFF .................................................................................................13
HOLIDAYS ............................................................................................................................14
TIME MANAGEMENT .........................................................................................................15
RELIEF COVERAGE ............................................................................................................15
SICK LEAVE .........................................................................................................................16
LEAVES OF ABSENCE ........................................................................................................ 16
HEALTH AND WELFARE ................................................................................................... 18
RETIREMENT ....................................................................................................................... 19
TRAVEL EXPENSES ............................................................................................................20
SAFETy..................................................................................................................................20
PROFESSIONAL DEVELOPMENT .....................................................................................21
DEPARTMENTAL RULES, POLICIES AND PROCEDURES ...........................................21
RIGHT TO CONTRACT ........................................................................................................21
SEPARABILITY ....................................................................................................................21
SCOPE OF AGREEMENT .....................................................................................................21
TERM OF AGREEMENT ......................................................................................................22
WAGES ...................................................................................................................................22
APPENDIX "A" -TIME MANAGEMENT PROGRAM ....................................................................................23
APPENDIX "B" -DUTIES AND RESPONSIBILITIES OF THE EMPLOYEE BENEFITS ADVISORY
COMMITTEE .........................................................................................................................26
1
PREAMBLE
This Agreement is made and entered into by and between Deschutes County (hereinafter the County) and the
Federation of Oregon Parole and Probation Officers (FOPPO), (hereinafter the Federation) for the purpose of
fixing wages, hours, benefits, and mandatory conditions of employment and other matters affecting members of
the bargaining unit as certified by the Employment Relations Board.
It is also the purpose of this agreement to promote the mutual interests of County and its employees and to
provide for the operation of the County's business under methods which will further, to the fullest extent
possible, the safety of the employees, economy and efficiency of operation, elimination of waste, realization of
maximum quantity and quality of output, cleanliness, protection of property and avoidance of interruptions to
production. The parties will cooperate fully to secure the advancement and achievement of these purposes.
ARTICLE 1 -RECOGNITION
Section 1
The Employer recognizes the Federation as the sole and exclusive bargaining agent for all adult parole and
probation officers as defined in ORS 181.610, employed by Deschutes County, excluding supervisory and
confidential employees, officers employed for less than one-half (1/2) of the regular full-time work schedule in
a regular position and officers holding temporary appointments of twelve (12) months or less.
ARTICLE 2 -FEDERATION SECURITY
Section I
The Federation shall notify the County in writing of its representative of FOPPO. Upon proper introduction and
notice, the representative shall have reasonable access to the premises of the County during all working hours to
conduct Federation business. These representatives shall observe any security regulations of the County. Such
visits are not to interfere with the normal flow of work.
Section 2
Unless otherwise provided in the Agreement, the internal business of the Federation shall be conducted by the
employees during non-duty time.
Section 3
The Federation shall notify the County of the selection of Officers and Stewards and their alternates.
Section 4
The County agrees to allow the Federation the use of conveniently located bulletin board space in each work
location. The Federation agrees that it will not post material that is profane, obscene or defamatory of the
County.
Section 5
Meetings between the County and Federation to process grievances, discuss and present disciplinary actions,
and generally administer the Agreement may be held, if practicable, during regular working hours, on the
premises of the County and without loss of pay to authorized participating employees.
Section 6
Negotiations between the parties shall be conducted during normal working hours on the premises of the
County unless otherwise mutually agreed. The Federation's bargaining committee shall be limited to three (3)
members of the Federation, the payment of which will be the subject of future ground rules.
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Section 7 -Payroll Deduction and Fair Share
A. The County agrees to deduct the regular Federation membership dues from the pay of those
individuals who request deductions in writing. The amount to be deducted shall be certified to
the County by the Federation's Treasurer, and the aggregate deduction shall be remitted monthly
together with an itemized statement to the Federation no later than the tenth day of the month
following the month for which the deductions were made. This section shall not apply where
circumstances exist beyond the control of the County, which cause a delay in meeting the above
dates.
B. The written request for dues deduction is not terminated when an employee is placed on any type
leave, disciplinary suspension, or placed on layoff status. The County shall deduct Federation
dues commencing with the first paycheck following the employee's return to paid status.
C. If approved by a majority of those voting in a secret ballot election of bargaining unit members
conducted by a party selected by the County and the Federation, all members of the bargaining
unit shall pay dues or make payments in lieu of dues to the Federation for the term of this
Agreement except for those who have bona fide religious objections, in which cases, the
provisions of subsection (1) of ORS 243.666 shall apply. Payments in lieu of dues shall be the
equivalent of regular Federation dues. Upon written notice from the Federation of the failure of
any employee subject to this provision to promptly make the payment required hereunder, the
County will commence deduction(s) of in-lieu-of dues in an amount equal to Federation dues
from the affected employee(s) paycheck(s) and remit the aggregate amount so deducted to the
Federation. The Federation will inform the County, in writing, when any change in dues occurs.
D. The Federation shall indemnify and save the County harmless against any and all claims,
damages, suits, or other forms of liability, which may arise out of any actions taken or not taken
by the County for the purpose of complying with the provisions of this article.
Section 8
The County shall furnish to the Federation monthly a list of the names and home addresses of employees new to
the bargaining unit, as well as a list of employees who left the bargaining unit during the previous month.
Section 9
The Federation or committees of the Federation shall be allowed the use of County facilities and e-mail
pursuant to County Policy, when the facilities are available and the meetings or messages would not conflict
with the business of the County.
Section 10
The County agrees to inform all new bargaining unit employees of the Federation's exclusive representation
status and shall provide all employees with a copy of the Agreement.
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ARTICLE 3 -MANAGEMENT RIGHTS
Except as specifically modified by this Agreement, in order to operate its business, the County, in its sole
discretion, retains and shall have the following exclusive rights: to determine the number, location and type of
facilities; to determine the type and/or quality of services rendered; to determine the methods, techniques and
equipment utilized; to hire, supervise, evaluate, discipline, discharge, promote, demote, layoff, transfer and
recall the work force; to assign work and change, combine, create or abolish job classifications and job content;
to establish and make known reasonable work rules and safety rules for all employees, to contract; and to
determine the number of employees, including the number of employees assigned to any particular operation or
shift.
Any of the rights, powers, authority and functions the County had prior to the negotiation of this Agreement are
retained by the County and the expressed provisions of this Agreement constitute the only limitations on the
County's right to manage its business. The County not exercising rights, powers, authority and functions
reserved to it, or it's exercising them in a particular way, shall not be deemed a waiver of said rights, powers,
authority and functions or of its right to exercise them in some other way not in conflict with a specific
provision of this Agreement.
All other traditional rights of management are also expressly reserved to the County and the express provisions
of this Agreement constitute the only limitations upon the County's right to manage its business.
ARTICLE 4 -NON-DISCRIMINATION
Section 1
Deschutes County and the Federation agree not to discriminate against any employee because of race, color,
sex, age, national origin, marital status, sexual orientation, religion, political affiliation, physical or mental
disability, Federation membership or non-membership or any other classification protected by Oregon or
Federal law.
Section 2
The terms of this Agreement shall be applied equally to all members of the bargaining unit.
ARTICLE 5 -PROBATIONARY EMPLOYEES
Section I
Every new non-certified employee shall serve a probationary period of eighteen (18) months unless extended by
mutual written agreement. All new DPSST certified employees shall serve a probationary period of twelve (12)
months unless extended by mutual written agreement.
Section 2
Employees who are promoted or transfer classifications within hislher department or to a different department,
or transfer to a different department within the same classification shall be required to serve a 12 month
probationary period unless modified by mutual written agreement.
Section 3
Each employee shall be evaluated at least three times during hislher probationary period, at two (2) months, six
(6) months, twelve (12) months, and for non-certified employees, eighteen (18) months, unless modified by
mutual agreement between the employee and hislher Department Head. If an employee's performance is not
satisfactory, he/she shall be given notice of the areas of hislher deficiencies. An employee shall advance to the
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next step of hislher pay range upon satisfactory completion of hislher probationary period and has received a
satisfactory performance evaluation. (Please see Article 8, Section 2 (b) for timelines).
Probationary employees who serve an eighteen (18) month probation are not eligible for a step increase at
twelve (12) months. They are eligible for a step increase at eighteen (18) months. After successful completion
of the eighteen (18) month probationary period, their anniversary date will become their original hire date and
eligibility for the next step increase will be six (6) months later at twenty-four (24) months.
Section 4
Any employee who is terminated during hislher probationary period shall be given written notice of the reason
or reasons for the termination.
Section 5
Disciplinary action for probationary employees, including termination of employment, is not subject to the
grievance procedure.
Section 6
All employees, regardless of probationary status, shall be permitted to carry a duty weapon on the condition that
statutory requirements are met.
ARTICLE 6 -DISCIPLINE AND DISCHARGE
Section I
The principles of progressive discipline shall be used except when the nature of the problem requires more
serious action. An employee shall not be disciplined or discharged without just cause.
Section 2
Discipline shall consist of one of the following:
1. Written reprimand
2. Suspension without pay
3. Demotion
4. Discharge
Section 3
Discipline shall be administered in a manner which will not unduly embarrass the employee, consistent with the
circumstances involved.
Section 4
When the County proposes to take disciplinary action involving discharge, demotion, or suspension without
pay, the County shall notify the employee and the Federation in writing of the charges against the employee, the
proposed disciplinary action, the information and facts relied upon by the County for the proposed disciplinary
action, and before discipline is imposed, shall provide the employee with the opportunity to respond to the
charges at a hearing with the supervisor or person having authority to impose the proposed disciplinary action.
Section 5
A Federation representative shall be allowed to be present, at an employee's request, at any meeting between
the employee and any investigating officer, or superior officer, in which the employee reasonably believes that
discipline may result from the meeting and/or investigation.
5
Section 6
At the discretion of the Employer, an employee may be placed on administrative leave with pay pending the
investigation of a complaint or possible disciplinary action.
ARTICLE 7 -GRIEVANCE PROCEDURE
A. A grievance is defined as an allegation that a specific provision of this contract has been violated.
B. A day is defined as a calendar day.
C. In an effort to provide for resolution of disputes, the parties agree to the following procedures:
Step I: Any employee claiming a breach of any specific provision of this Agreement may refer the
matter, in writing, to their immediate supervisor outside the bargaining unit within fourteen (14)
days from the occurrence thereof, or the employee's knowledge of the facts thereof. The
grievance shall, at minimum, specify the article and section of the contract alleged to have been
violated and the requested remedy. The employee shall provide a copy of the written grievance
to the Federation. The supervisor shall respond to the grievance in writing as quickly as
possible, but no later than fourteen (14) working days after the grievance is filed.
Step II: If, after fourteen (14) days from the date of the filing of the grievance with the supervisor, the
grievance remains unadjusted, the grievance may be submitted within fourteen (14) days to the
Department Head, along with a written statement as to why the supervisor's Step I response does
not adequately resolve the grievance. The Department Head shall meet with the aggrieved party,
who may request a Federation representative at the meeting. The meeting between the
Department Head and the aggrieved party shall be within fourteen (14) days of the Department
Head's receipt of the written grievance. The Department Head shall respond to the grievance in
writing within fourteen (14) days of such meeting. Neither party's Step II written statements or
responses shall be introduced into evidence in a subsequent arbitration hearing on the grievance
for the purpose of limiting any legal theory which either party may introduce under the facts.
Step III: If, after the Department Head issues his or her written response, the grievance remains
unadjusted, the grievance may be submitted in writing to the County Administrator within
fourteen (14) days of the Department Head's response. The County Administrator shall respond
to the grievance in writing within fourteen (14) days from the date the grievance is submitted to
the County Administrator.
Step IV: If the Grievance is not resolved within twenty (20) days from the submission of the grievance to
the County Administrator, the Federation will have fourteen (14) days to serve notice, in writing,
to the County Administrator of its intent to submit the grievance to final and binding arbitration.
The arbitrator shall be selected by mutual agreement of the parties. If the parties cannot agree on
an arbitrator within fourteen (14) days of submitting the grievance to arbitration, the arbitrator
shall be chosen in the following manner:
a. Either party may request a list of five (5) names of arbitrators whose principal business
address is in the state of Oregon from the Oregon State Conciliating Service. Within five (5)
days of the receipt of the list, the parties shall alternately strike names from the list until one
name remains, and the remaining person on the list after the strikes have been completed
shall serve as the arbitrator. The party striking the first name shall be determined by a coin
flip.
6I
i
b. The arbitrator shall hold a hearing promptly and shall issue a decision within thirty (30) days
of the hearing. The arbitrator's decision shall be in writing and shall set forth findings of
fact, reasoning, and conclusions of the issues submitted. The powers of the arbitrator shall be
limited to determining if the Agreement has been violated; he/she shall have no authority to
alter, modify, vacate or amend any of the terms of the Agreement.
c. The cost of the arbitrator and court reporter (if the court reporter is requested by both parties)
shall be borne by the losing party. Each party shall be responsible for costs of presenting its
own case to arbitration.
d. Each party shall be responsible for compensating its own representative and witnesses at any
step of this procedure.
e. A grievant exercising their rights to pursue a grievance through this procedure may do so
without discrimination and without loss of pay if meetings or conferences as called for herein
occur during the employee's regularly assigned duty time.
f. To the extent allowable by law, all information relative to a grievance and resolution
accomplished via the grievance procedure shall be considered exempt from public disclosure
in an effort to assure confidentiality to the employee.
g. If the parties agree in writing, Steps I and II may be waived. Any time limits specified in the
grievance procedure may be waived by mutual consent of the parties. Failure to submit the
grievance in accordance with these time limits without such a waiver shall constitute
abandonment of the grievance. Failure by the County to submit a reply after knowledge of
the grievance by the party responsible for the reply within the specified time will move the
grievance to the next step in the grievance procedure. A grievance may be terminated at any
time upon receipt of a signed statement from the Federation.
ARTICLE 8 -SALARY ADMINISTRATION
Section 1
All employees shall normally be paid on the last working day ofthe month.
Section 2
A. Employees shall be eligible for annual merit increases on their eligibility date provided that the
employee is not at the top step ofthe salary range of hislher classification.
B. Every employee shall receive a performance appraisal at least annually by the employee's
eligibility date. The eligibility date is based on hire date as follows: If hired on the first of the
month through the 15th of the month the performance appraisal will be completed within the
month of hire and will be retroactive to the 1 st of the month. If hired on the 16th of the month
through the end of the month -the performance appraisal will be completed by the end of the
following month and will be effective retroactive to the first of the month. Annual merit
increases shall not be withheld unless an employee's overall performance as stated on the
evaluation form is unsatisfactory. If the employee's performance appraisal is not completed by
hislher eligibility date, he/she will receive hislher merit step increase.
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Section 3
Full-time employees who have worked continuously for the County shall receive additional pay per month for
each five years of continuous service worked as outlined below. Longevity pay will be pro-rated for part-time
employees based on their percentage of full-time employment. Layoffs of less than eighteen (18) months shall
not jeopardize longevity.
$65.00 FY 12/13
$67.50 FY 13/14
$70.00 FY 14115
Section 4
The County, at the County's sole discretion, may designate specific employees who can communicate in
English and a second language or in sign language to be translators -additional compensation shall be granted
to designated employees for translation services as follows:
1. Regular FTE, $100 per month
2. Regular Y:z to % time, $75 per month
3. Undesignated employees who have the ability to communicate in a second language or in sign
language and who are directed by a supervisor to serve as a translator shall receive additional
compensation in the amount of $1 0 per day on any day they are utilized for translation services.
Such persons shall be proficient in the needed second language or in sign language. It shall be at the sole
discretion of the County to select persons for bilingual compensation and to decrease or eliminate the
compensation should the County determine the need for translation no longer exists. Nothing in this agreement
shall preclude the County from using persons other than those designated for second language communication.
The County retains the right and total discretion to choose the positions to which the additional compensation is
granted, and to determine such test or other certification process that must be successfully completed for an
employee to qualify as bilingual for purposes of this section.
Section 5 -Professional Certification
The County agrees to pay monthly, the following for DPSST Intermediate and Advanced certifications:
Intermediate $100.00
Advanced $150.00
In order to qualify for certificate pay the employee must obtain the DPSST Certification and have received at
least an overall satisfactory rating on the most recent County performance evaluation. For newly hired
probationary employees who are DPSST Certified at the time of hire, this will take effect after completion of
the two (2) month probationary evaluation. An Officer who qualifies for certification pay under this Section
shall be entitled to payment under only one certification level. Certification pays are not cumulative.
Section 6 -Instructor Pay
Employees assigned as Defensive Tactics or Firearms instructor shall be compensated $50.00 per month. It is
understood these assignments are discretionary appointments by the Department Head.
Section 7 -Field Training Officer
Employees assigned as Field Training Officers (FTO's) shall receive compensation of $250.00 monthly during
the time they are actually performing the duties. If they do not perform FTO duties the entire month, the
amount received shall be pro-rated based on the actual hours spent performing FTO duties during the month.
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Section 8 -Hearings Officer
All employees who perform Morrissey hearings shall receive $100.00 per month for any month they preside
over these hearings.
ARTICLE 9 -CALL BACK TIME AND AFTER HOURS WORK
Section I -Call Back
Call back is defined for the purpose of this agreement as that time an employee spends beyond their normal
work schedule and delivered on-site as a result of being called back due to an emergency and/or special
circumstance.
When called back, employees will receive compensation in accordance with the FLSA. In no case will an
employee receive less than three (3) hours compensation for being called back to work.
Section 2 -After Hours Work
Whenever a parole and probation officer is called to perform work duties on a non-work day or outside of their
8-10 hour work shift on a scheduled work day, the officer will be compensated for a minimum of thirty (30)
minutes or the amount of time actually spent performing the work if the amount of time spent performing the
work exceeds thirty (30) minutes. Multiple calls received within a thirty (30) minute period will be considered
part of the 30-minute minimum. Additional calls after a 30-minute period will result in another 30-minute
minimum time period for purposes of compensation. After hours worked will be paid at the overtime rate, or
compensatory time off at the rate of time and one-half.
ARTICLE 10 -HOURS OF WORK
Section I
The workweek is defined as seven (7) days within a calendar week. The standard work week for Deschutes
County is Sunday through Saturday. The County may establish an alternate work week to address flexible work
schedules as referenced in Section 2(C). An alternate work week must be established in writing and submitted
to Personnel and Finance for approvaL
Section 2
A. A regular work schedule is a work schedule with the same starting and stopping time on five (5)
consecutive eight (8) hour shifts, with two (2) consecutive days off.
B. An alternate work schedule, normally, is a work schedule with the same starting and stopping
times on four (4) consecutive ten (10) hour shifts, and three (3) consecutive days off.
C. A flexible work schedule is a work schedule which varies the number of hours worked on a daily
basis, but not necessarily each day, and may vary the number of days worked on a weekly basis,
but not necessarily each week, but which in no way conflicts with the Fair Labor Standards Act.
D. Work schedules shall be determined by the Department Head, subject to approval by the County
Administrator.
Section 3
Established regular work schedules will not be changed with less than ten (l0) working days advance notice,
unless the operating needs of the County require it or an employee voluntarily agrees to the change and an
earlier implementation date.
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Section 4
Each employee shall be granted an uninterrupted rest break of fifteen (15) minutes for each one-half (1/2) shift.
The rest breaks shall be scheduled as near the midpoint of each one-half (1/2) shift as possible.
Section 5
All full time employees shall be permitted a non-duty meal period during their work shifts. Non-duty meal
periods shall be no less than thirty (30) minutes and shall be scheduled in the middle of the work shift as
possible.
Section 6
Nothing in this Article shall be construed as a guarantee of hours.
ARTICLE 11-OVERTIME AND COMPENSATORY TIME
Section 1
All non-exempt employees shall be compensated at the rate of one and one-half (1 ~) times their regular rate of
pay for all hours worked in excess of 40 hours during the regularly scheduled workweek. Hours worked shall
include holidays, vacation, and compensatory hours which are authorized and scheduled in advance in
accordance with Departmental policy. The specific application of this section shall be governed by Deschutes
County Administrative Policy No. HR-4 Overtime Compensation and Compensatory Time or subsequent
adopted policy.
Section 2
In lieu of overtime pay, by mutual agreement between the employee and County, a non-exempt employee may
receive compensatory time off at the rate of one and one-half (1 ~) hours for each overtime hour worked.
Compensatory time accrual shall not exceed eighty (80) hours.
Section 3
Except as provided in Article 9, Section 2, overtime shall be approved in advance by an employee's supervisor.
Exceptions for documented emergencies will be made.
Section 4
Subject to operational needs, the County shall attempt to offer overtime opportunities as equally as possible
among qualified employees in the department where overtime work is needed.
Section 5
When possible and within budget constraints, the Department head will honor the non-exempt employee's
request regarding the method of compensation, either compensatory time off, or overtime pay.
ARTICLE 12 -WORKING-OUT-OF-CLASS AND LEAD PAY
Section 1 -Work Out of Classification Pay
The County agrees to compensate an employee assigned in writing to assume the major distinguishing duties of
a position in a higher classification, where such an assignment is for ten (10) consecutive work days or more at
a compensation rate of 5%, 7.5%, or 10% differential, or at any step of the higher salary range which provides
at least a 5% pay increase to be determined by the Department Head based upon the assigned duties. The
additional compensation shall be retroactive to the first day of the assignment.
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Section 2 -Lead Pay
When an employee is directed and authorized in writing by the department head/supervisor to perform lead
work functions defmed as follows:
A lead worker is an employee delegated limited supervisory and/or coordination of duties by hislher
Department Head. Limited duties include distribution of work assignments, maintaining a balanced
workload among a group of employees, reviewing completed work and maintenance of records of work.
He or she will receive a 2.5%, 5%, 7.5%, or 10% differential, to be determined by the Department Head for all
hours worked while performing those duties.
Section 3 -Reclassification
If an employee believes that he/she is working significantly outside hislher classification, he/she may request
that hislher job be reviewed for a reclassification. Requests for reclassification review must be made through
the employee's Department Head. In the event a reclassification is approved by the County Administrator, it
will be retroactive to the 1 st of the month following the day the reclassification request was presented by the
Department Head to Personnel.
ARTICLE 13 -VACANCIES
Section 1
When there is a FOPPO represented caseload vacancy, creation of a new FTE position, retirement, termination,
resignation, lay-off or any other triggering event as determined by the county, which leaves a body of offenders
unsupervised by a specific Probation Officer in a specific location, and the county decides to fill the vacancy,
the county will adhere to the following process:
A. The county will notify, via email, all FOPPO employees ofthe specific opening and location;
B. The county will invite all employees to provide a letter of interest for the specific opening
and/or any opening which may occur as a result of the triggering event;
C. The county will allow for the receipt of the employees' letters of interest for seven calendar
days after issuance of the notice;
D. Prior to filling the vacancy, the county will consider the employees' letters of interest as well
as the employees' skills, abilities, experience and knowledge;
E. Prior to filling vacancies created as a result of the triggering event in B, the county will notify
an employee if their general letter of interest will result in a caseload or location move, at
which time, an employee may withdraw their letter of interest;
F. Any employee not selected shall be given the reason for their non-selection should the i employee request a reason.
1
1 Section 2
The basis for the non-selection and the county's decision itself cannot be grieved.
I Section 3
The procedure outlined in this Article pertains to each discrete triggering event and the subsequent vacancies
caused by the event. The procedure must be followed for all triggering events.
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ARTICLE 14 -PERFORMANCE EVALUATIONS
Section 1
Each employee shall receive a performance appraisal prepared by hislher immediate supervisor or department
head at least annually. The mter shall discuss the performance appmisal with the employee. The employee
shall have the opportunity to provide hislher comments to be attached to the performance appraisal. The
employee shall sign the performance appraisal and that signature shall only indicate that the employee has read
the performance appraisal. A copy shall be provided to the employee at the time.
Section 2 -Proposed Changes in the Duties and Responsibilities or Classification of Positions
The Employer shall notify the Fedemtion in writing of any proposed changes in an existing position
classification description, or creation of any new proposed classification description within Deschutes County
Adult Parole and Probation affecting parole and probation officers, and consult with the Federation about such
proposals prior to their implementation.
Section 3 Work Plan
If the employer decides to put an employee on a work plan, it shall be put in writing and delineate the job
requirements and standards of performance desired. The work plan shall be reviewed between the supervisor
and employee at least every 30 days. When the desired performance is achieved the employee will be given
written notice by the supervisor that the work plan is no longer in effect.
ARTICLE 15 -PERSONNEL FILE
All of an employee's personnel files will be available for the employee's inspection during normal working
hours. Should an employee desire a copy of any items in the files, such a copy shall be provided to the
employee provided the employee signs a receipt for the copy. The employee has the right to respond in writing
to any item placed in the files. No derogatory material may be placed in an employee's personnel file without
the knowledge of the employee. The County will maintain the confidentiality of the files as per State law, and
will not release any information in the files to other than those authorized within the County without the consent
of the affected employee except where such release is compelled by either an order of a court or by State law.
ARTICLE 16 -LONGEVITY AND LENGTH OF SERVICE
Section I
Length of service is determined by the length of an employee's continuous full-time or part-time service with
Deschutes County Adult Parole and Probation.
Section 2
Longevity is determined by an employee's continuous full-time or part time service as a County employee.
Section 3
Seniority is determined by an employee's continuous full-time service as a Deschutes County Adult Parole and
Probation Officer.
Section 4
For employees working less than half time, longevity shall be pro-rated by the number of hours for which the
employee was hired to work.
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Section 5
Length of service and/or longevity shall terminate in the event of the following:
1. Voluntary termination for greater than three (3) months.
2. Discharge for cause.
3. A lay-off period for greater than eighteen (18) months.
4. Failure to report to work at the termination of an extended leave of absence.
5. Acceptance of employment without permission while on leave of absence.
6. Retirement.
Section 6
Time off during layoff period shall not count toward longevity accruaL
ARTICLE 17 -SENIORITY AND LAYOFF
Section I
Seniority, as used in this Agreement, is determined by the length of an employee's continuous full-time service
as a Deschutes County Adult Parole and Probation Officer. Part-time employees will accrue seniority on a pro
rata basis. Any employee on leave which is not paid leave, or leave mandated by law, may accrue up to ninety
(90) days seniority.
Section 2
The County will provide the Federation with a copy of the seniority list upon request from the Federation,
which will then be posted on the bulletin board.
Section 3
An employee shall lose all seniority in the event of voluntary resignation for greater than three (3) months,
discharge for cause, is laid off and fails to respond to written notice as provided in Section 6 of this Article, is
laid off work for a period of time greater than eighteen (18) months, fails to report to work at the termination of
an extended leave of absence, or while on a leave of absence accepts employment without permission, or is
retired.
Section 4
Layoffs shall be in the inverse order of seniority as defined in Section 1. An exception to layoff in the inverse
order of seniority may be made and a senior employee may be laid off before a junior employee when the junior
employee has substantially superior qualifications to perform the duties of the remaining position.
Section 5
Employees shall be recalled in the inverse order of layoff if positions become available in the job classification
from which the employee was laid off. An employee's failure to respond to a recall notice as specified by
Section 6 of this Agreement shall constitute a waiver of the employee's recall rights.
Section 6
For the purpose of recalling employees from layoff, the following procedures will be followed:
1. For layoffs of less than five (5) days, a personal visit by the County representative or a phone
call from the County will suffice.
2. For layoffs of five (5) days to one month in duration, employees will have seven (7) days from
the date that a certified notice is mailed to report to work unless a longer period is mutually
agreed upon in writing.
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3. For layoffs longer than one month employees will have fourteen (14) days from the date that
certified notice is mailed to report to work unless a longer period is mutually agreed upon in
writing.
4. Laid off employees will be responsible for notifying the County of any address change.
ARTICLE 18 -HOLIDAYS
Section I
The following shall be recognized as paid holidays:
New Year's Day Labor Day
President's Day Veteran's Day
Martin Luther King's Day Thanksgiving Day
Memorial Day Christmas Day
Independence Day Two (2) Floating Holidays
Whenever a holiday falls on Sunday, the following Monday shall be considered a holiday. If a holiday falls on
Saturday, the preceding Friday shall be a holiday. If an employee works on the actual holiday that falls on a
Saturday or Sunday, that day would be the employee's holiday and they will be paid in accordance with Article
18, Section 4 for that day only. In no event shall an employee receive holiday pay for both the observed and
actual holiday. Holidays that occur during paid vacation or sick leave shall not be charged against vacation or
sick leave. In order to qualify for holiday pay, employees must work their normal workdays before and after
the holiday or be on authorized leave of absence with pay.
Section 2
Full-time employees shall be compensated at the straight time rate of eight (8) hours for each recognized
holiday. Employees working an alternative schedule of 9 or 10 hours have the choice to: a) revert to a 5/8
schedule during the week in which the holiday occurs, or; b) use accrued time management leave, comp time, or
other accrued paid time off to equal 40 hours for the week. The choice of reverting to a 5/8 schedule or using
accrued leave shall be approved in advance by the supervisor and/or department head.
All part-time employees (halftime or more) shall be compensated at the straight time rate on a pro-rated basis
(based on an 8-hour day) for each recognized holiday.
Section 3
Work performed by non-exempt employees on holidays which fall within the regular work schedule shall be
considered as overtime work, and the employees who work on such holidays will be granted time off or
compensation pay on the basis of time-and-one-half for the hours worked in addition to their regular holiday
pay.
Section 4
Full and part time employees who have recognized holidays falling on their days off will be credited with
straight time off for these holidays, or have the holiday paid as additional hours if mutually agreed on between
the employee and Department Head.
Section 5
The floating holidays can be used any time during the calendar year by mutual consent between the employee
and the Department Head. New employees shall be employed six (6) months before they are eligible for the
floating holiday. Floating holidays cannot be carried over from year to year. Employees will not receive pay at
the time of termination of employment for any unused floating holiday.
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ARTICLE 19 -TIME MANAGEMENT
The specific application of this section will be governed by the Time Management Program. (Appendix A of
this agreement).
Section 1 -Eligibility
Regular full-time and regular part-time employees can use their accrued leave as soon as it is accrued after
receiving authorization from their Department Head. Leave accrual for regular part-time personnel is computed
on the basis of the percentage of hours worked each month.
Section 2 -Leave Accrual
Leave accrues while an employee is on leave with pay, but not while on leave without pay. No employee can
be granted leave without pay until after leave that has accrued to hislher credit is exhausted.
Section 3 -Employee Transfers
When an employee is transferred or appointed to another department, all of hislher leave will be assumed by the
new department.
Section 4 -Payment Upon Separation
An employee who terminates hislher employment is entitled to cash compensation in lieu of leave. In case of
death, compensation for accrued leave will be paid to the employee's estate.
Section 5 -Leave Scheduling
Department Heads shall establish staffing schedules to provide for requested leave for employees annually, and
employees are to take leave at the time scheduled. A record of time taken shall be kept on file in the
department. Such schedules may be amended to meet work emergencies. In establishing regular schedules,
Department Heads shall give due consideration to the desires of individual employees while weighing the work
requirements of the department. Whenever possible, longevity shall prevail where there is a conflict between
two or more employees wanting the same time off for vacation purposes.
Section 6 -Mandatory Leave
At least once each year, all regular employees must be allowed to take five (5) days consecutively if accrued.
ARTICLE 20 -RELIEF COVERAGE
Section 1
Employees shall be responsible for arranging relief coverage for vacation leave. If the employee feels
uncomfortable in fmding such coverage, or is unable to secure coverage, the employee shall notify hislher
supervisor.
Section 2
In the event an employee will be absent in excess of one month, the County shall provide FOPPO with its plan
for caseload coverage in their absence.
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ARTICLE 21 -SICK LEAVE
Section 1 -Notification
When an employee is physically unable to perform duties because of illness or injury, the employee shall notify
hislher immediate supervisor as soon as possible prior to the beginning of hislher shift. At the request of the
immediate supervisor or other superior, the employee will obtain certification from an attending physician,
documenting the nature and period of illness.
Section 2 -Usage
Sick leave shall be used only for the following:
1. Medical or dental care.
2. Exposure to contagious disease under circumstances by which the health of fellow employees or
the public would be endangered.
3. Leave for family member illness in accordance with State and Federal Family Medical Leave
laws.
4. Death of a family member as defined by FMLAlOFLA. Up to five working days in succession
per occurrence may be used for these purposes with no mandatory use of time management leave
first if the employee has a sick-bank account. Either time management or sick-bank leave must
be used. An additional three more days maximum of sick bank or time management may be
utilized upon the County Administrator approval with Department Head recommendation.
5. Leave for childbearing is treated as a medical condition and is covered by sick leave with pay.
6. Maternity and paternity leave to be granted in accordance with State and Federal law.
Section 3 -Employee Transfer
See Article 18 Section 3.
Section 4 -Leave Without Pay
Upon written application for an employee, leave without pay may be granted by the Department Head subject to
final authorization by the County Administrator for a reasonable period of disability after earned leave has been
exhausted. In no instance shall such leave without pay exceed six months.
Section 5
The County will allow sick bank rollover in accordance with the rules established by PERS.
ARTICLE 22 -LEAVES OF ABSENCE
Section 1
Full-time and part-time employees shall be granted leave with full pay, computed on the basis of their normal
number of working hours per day, at the employee's regular straight-time hourly rate, any time they are
required by summons or subpoenas to report for jury duty or jury service. An eligible employee shall endorse
any fee, excluding mileage, to the County as a condition to receipt ofjury pay.
Section 2
Leave credit shall continue to accrue to those employees who are on leave with pay. For the accumulation of
leave credit and the granting of leave, computation shall be made in hourly or partial hour units. Deductions
shall not be made from leave accumulations for regularly assigned days off, or County holidays occurring
during a period of leave with pay if the employee returns to work on the first day thereafter or has been granted
additional leave.
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Section 3
Employees shall be entitled to family medical and parental leave in accordance with federal and Oregon law.
Section 4
An employee who has served with the County for at least six months and who is a member of the National
Guard or the reserve of any branch of the U.S. Military is entitled to military leave not to exceed fifteen (15)
working days per County fiscal year. Such leave will be granted without loss of time, payor other leave and
without impairment of merit rating or other rights or benefits. Military leave with pay may be granted to
personnel with bona fide military orders and shall not be paid if the employee does not return to hislher position
immediately following the end of the approved duty period. Department Heads are required to report
employees on leave on the payroll time and leave worksheets. Copies of military orders shall be placed in the
employee's personnel file. Military leave without pay will be granted to employees for performance of military
service, pursuant to bona fide military orders, in accordance with the provisions of Oregon State law and the
provisions of the Uniformed Service Employment and Reemployment Rights Act of 1994, as amended.
Employees may, but are not required to, use accrued and unused time management leave for any period of
military service which is unpaid by the County.
Section 5
After completing one year of continuous service, a regular full-time employee, upon written request may be
granted a leave of absence without pay by the County Administrator (with departmental approval) for the
purpose of upgrading hislher professional ability through enrollment in educational courses at an accredited
school. The period of such leave of absence may not exceed one year, but may be renewed or extended upon
request of the employee and approved by the County Administrator. After the expiration of such educational
leave of absence, the employee shall normally be returned to hislher same job classification and same salary
step.
Section 6
Employees may be granted time off with pay for educational purposes to attend conferences, seminars, briefing
sessions, training programs and other programs of a similar nature required or approved by the employee's
Department Head.
Section 7
Leave with pay shall be granted for actual work time missed for an appearance on the County's behalf,
connected with hislher official duties before a court, legislative committee, judicial or quasi-judicial body as a
witness if required by the County. Employees shall return to the County any compensation, excluding mileage,
received as a result of such duty.
Section 8
Special leave is a provision created to accommodate natural disasters and life threatening situations. If there is
a building emergency, a bomb threat or a natural disaster, special leave may be granted to County employees by
County Administrator decree. Such leave does not affect an employee's earned leave.
Section 9
An employee's Department Head may grant a leave of absence without pay not to exceed thirty calendar days.
Leave of absence without pay for periods in excess of thirty days must be approved by the County
Administrator.
Section 10
Leaves of absences without pay may not be granted until all accrued leave has been exhausted.
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ARTICLE 23 -HEALTH AND WELFARE
Section 1
Health Insurance is to include the following:
• Medical Insurance
• Vision Insurance
• Dental Insurance
• Prescription Drug Insurance
• Orthodontic Insurance
Section 2
Other insurance is to include the following:
• Employee life insurance
• Dependent life insurance
• Long-term disability insurance
• Unemployment insurance
• Retirement health insurance
Section 3
In addition to health insurance and other insurance, the County will make available to Federation represented
employees a qualified IRS 125 plan.
Section 4
The County will provide insurance benefits at the same level and under the same conditions as a regular full
time employee, to retired County employees collecting PERS who have worked for Deschutes County for thirty
(30) continuous years or more on a full-time basis. This benefit will be provided until the employee reaches the
age of sixty-five (65) or until eligible for Medicare.
Employees who retire from the County with more than fifteen (15) years and less than thirty (30) years of full
time service are eligible to receive a County contribution towards their monthly insurance premiums until age
sixty-five (65) or until eligible for Medicare, in accordance with a schedule recommended by the EBAC
Committee and approved by the Board of County Commissioners. The schedule of retiree premiums and
County contributions shall be posted on the Personnel Department Intranet site.
Section 5
Full-time and part-time (half-time or more) employees will be eligible for benefits in accordance with this
contract. Regular, part-time employees (half-time or more) will be required to pay pro-rated premium
contributions based on their percentage of hours worked if they elect the Standard plan. If a part-time employee
elects the High-Deductible plan, the premium contribution will be the same as a full-time employee on the
Standard plan.
Section 6
Workers' Compensation will be paid at the rate mandated by Oregon State Law. Benefits begin after three (3)
calendar days after the employee leaves work or loses wages as a result of a compensable injury.
In case of extreme emergency, the County Administrator may authorize supplemental Workers' Compensation
payments, which shall be the difference between the employee's regular net monthly salary and the amount of
Workers' Compensation payment. When an employee receives approval under this section, pro-rated charges
will be made against accrued time management or the employee's sick bank. In no case shall the combined
payment exceed the employee's net regular monthly salary rate.
18
In no case will supplemental payments be allowed after an employee becomes eligible for long-term disability
benefits.
Extreme emergency is defined as:
• Inability to return to work in any capacity for at least four working weeks.
• Demonstrated increase in basic living expenses as a direct result of the injury.
• Extreme hardship, determined by the County Administrator.
Section 7
The Employee Benefits Advisory Committee including one (1) Federation representative (see Appendix B)
shall meet at least eight (8) times per year for the purpose of reviewing program performance and advising the
Board of Commissioners on desired changes in Insurance Benefits. The committee shall meet and review any
proposed changes to the Insurance Benefits Plan before a change is made.
Health benefits and other insurance will be provided to Federation represented employees under the same
conditions and restrictions as provided to all other County employees. Coverage may be adjusted or modified
by the County upon the recommendation of the County Employee Benefits Advisory Committee.
Section 8
A health benefits plan document shall be adopted annually by the County following a review by the Employee
Benefits Advisory Committee. The per FTE cost of providing the health benefits called for in this plan shall be
determined by an actuarial valuation or by a review conducted by the County's excess insurance carrier. The
County shall annually, as part of the budget adoption process, establish an employee premium contribution.
The employee health insurance monthly premium contribution shall be no greater than 7.5%, not to exceed
$140.00, of the per FTE cost of providing health benefits under the adopted plan for the 2013 fiscal year. The
monthly premium contribution shall be no greater than 8.5%, not to exceed $155.00, of the per FTE cost of
providing health benefits under the adopted plan for the 2014 fiscal year. The monthly premium contribution
shall be no greater than 9.5%, not to exceed $170.00, ofthe per FTE cost of providing health under the adopted
plan for the 2015 fiscal year.
The County reserves the right to establish a tiered system for premium contributions under which different
contribution rates may be established for a single employee, employee and spouse/same sex domestic partner,
employee and child(ren), or full family benefits.
ARTICLE 24 -RETIREMENT
The County shall be a participant in the Public Employees Retirement System (PERS)/Oregon Public Service
Retirement Plan (OPSRP) or its equivalent.
After the employee has completed hislher six full months' employment period and holds a position requiring
that the employee work in excess of 600 hours per year, the County shall make contributions to PERS/OPSRP
in accordance with levels established for the employee's position. The employees will contribute to
PERS/OPSRP in accordance with the state law.
In the event that state law provides for other alternatives, members of the Federation will be afforded the same
options available to non-represented employees.
The County will take appropriate action to have the employee contribution defined as pre-tax in accordance
with tax code regUlations.
19
The County will continue to provide a Deferred Compensation plan in compliance with IRC 457. The plan will
be available to all Federation bargaining unit employees.
The County shall continue to provide Police and Firefighter's PERS for all eligible employees.
ARTICLE 25 -TRAVEL EXPENSES
Reasonable and necessary travel, meal and miscellaneous expense reimbursement will be approved for payment
when an employee incurs expenses while acting within the scope of employment with Deschutes County in
accordance with Deschutes County General Policy No. F-l and F-2 or subsequently adopted travel and expense
policies.
ARTICLE 26 -SAFETY
Section 1
The County and the Federation agree to cooperate in the continuing objective to eliminate accidents and health
hazards.
Section 2
All employees are encouraged and expected to inform their supervisor of safety concerns in the work place
including health and safety issues. It is clearly understood that the County shall take no reprisals against
employees for reporting issues to their supervisor or risk manager.
Section 3
The County will continue a comprehensive risk management program including approved OSHA safety
committees and will review issues reported in section 2 above. The Federation shall be entitled to have a
representative on each committee. Minutes from safety committee meetings shall be posted in affected areas.
Section 4
In order for employees to safely perform their jobs, the County agrees to, at a minimum, provide the following
equipment:
• Ballistic vest
• Side arm with holster, extra magazine holder and belt
• Handcuffs
• Pepper spray
• Baton
• Gun locker
• Two-way radios
• Cell phone
• Duty ammunition
Upon retirement in good standing (with a minimum of 10 years of continuous full-time County service), an
employee shall have the right to purchase hislher sidearm at a cost that is agreed upon by the employee and the
County.
20
ARTICLE 27 -PROFESSIONAL DEVELOPMENT
Section I
The County shall pay for sufficient training so that the employees can maintain their required Department of
Public Safety and Standards Training (DPSST) certification.
ARTICLE 28 -DEPARTMENTAL RULES, POLICIES AND PROCEDURES
The Department shall provide the Federation with a copy of any new or revised written policy or procedure
prior to implementation. If the County adopts an emergency change to a policy that impacts a mandatory
subject of bargaining, the Federation shall be notified as soon as possible. The Federation may pursue its right
to bargain any proposed policy which impacts a mandatory subject of bargaining not covered in the collective
bargaining agreement.
ARTICLE 29 -RIGHT TO CONTRACT
The County expressly reserves the right to contract any and all County work and services to non-County
employees. The County agrees to fulfill its obligations under the Public Employee Collective Bargaining Act
(PECBA) before contracting out any work. The County agrees that it will not contract out services with the
purpose to end the Federation representation status.
ARTICLE 30 -SEPARABILITY
In the event that any provision of this Agreement shall at any time be declared invalid by any court of
competent jurisdiction or through government regulations or decree, such decision shall not invalidate the entire
Agreement, it being the express intention of the parties hereto that all other provisions not declared invalid shall
remain in full force and effect.
ARTICLE 31 -SCOPE OF AGREEMENT
Section I
The Agreement expressed herein in writing constitutes the entire Agreement between the parties. This
agreement shall supersede all previous oral and written Agreements between the County and the employees. It
is agreed that the relations between the parties shall be governed by the terms of this Agreement only, no prior
agreements, understandings, past practices, existing conditions, prior benefits, oral or written, shall be
controlling or in any way affect the relations between the Parties, or the wages, hours and working conditions
unless and until such Agreement, understandings, past practices, existing conditions an prior agreements shall
be reduced to writing and duly executed by both parties.
Section 2
In the event the County intends to make a unilateral change in a mandatory subject of bargaining as determined
by the Employment Relations Board, the County agrees to notify the Federation and subsequently fulfill its
obligation under PECBA prior to making said change.
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ARTICLE 32 -TERM OF THE AGREEMENT
This Agreement shall be effective July 1,2012, and shall remain in full force and effect through June 30, 2015 .
ARTICLE 33 -WAGES
For fiscal year 12/13, there shall be a 2.9% cost-of-living increase upon full execution ofthe agreement.
For fiscal years 13/14 and 14/15, there shall be a cost-of-living increase equal to the U.S. All Cities CPI-U,
January to January as follows:
July 1,2013 minimum increase of 1.5%, maximum increase of 3.5%
July 1,2014 minimum increase of 1.5%, maximum increase of3.5%
SIGNATURES
Dated this __day _________,2013.
FOR THE COUNTY FOR THE FEDERATION
Alan Unger, CHAIR Karen Vinson, Federation
Negotiating Team Member
Tammy Baney, VICE CHAIR eration Negotiating
Anthony DeBone, COMMISSIONER
Tom Anderson, County Administrator
ATTEST:
Recording Secretary
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APPENDIX "A"
SUBJECT: TIME MANAGEMENT -Federation
I. PURPOSE
It is the purpose of the Deschutes County Time Management Program to provide employees with a
leave-with-pay program that is easily understood, responsive to individual needs, and easy to administer.
This program is also intended to eliminate any abuse of sick leave while rewarding employees for
faithful attendance and productivity.
II. SCOPE
This program covers all Federation represented employees. Those employees covered by the provisions
of this program shall not be eligible for separate leave benefits covering the following:
• Sick leave (non occupational illness or injury leave)
• Vacation leave
Nonexempt employees who are eligible for 1.5 compensatory time or overtime will still receive such
under this program in accordance with the Fair Labor Standards Act. Exempt employees are eligible for
Flex time under the same terms and conditions applied to non-represented employees in accordance with
County policy HR-7, subject to Supervisor or Department Head approval.
III. LEA VE-WITH-PA Y PROVISIONS
A. All employees transferring into the Time Management Program will be credited with
their existing vacation time balance.
Nonexempt employees will earn leave, based on full-time service, in accordance with the
following schedule:
Months of Hours of Earned Leave
Service Leave Accumulation
0-48 months 168 hours 14 hrs/month
49 -108 months 192 hours 16 hrs/month
109 -168 months 216 hours 18 hrs/month
169 -228 months 240 hours 20 hrs/month
229 -288 months 264 hours 22 hrs/month
289+ months 288 hours 24 hrs/month
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Exempt employees will earn leave, based on full-time service, in accordance with the
following schedule:
Months of Hours of Earned Leave
Service Leave Accumulation
0 48 months 216 hours 18 hrs/month
49 -108 months 240 hours 20 hrs/month
109 -168 months 264 hours 22 hrs/month
169 -228 months 288 hours 24 hrs/month
229+ months 312 hours 26 hrs/month
Leave earned during the month cannot be used until the first day of the following month.
B. For regular part-time employees, all reference to time accrual or usage in the Time
Management Program shall be prorated according to the percentage of full-time
equivalency authorized for the position.
C. During the course of the year, absence from work for any reason other than on-the-job
illness or injury covered by Workers Compensation or paid holiday shall be charged
against "earned leave" except as provided in Section IV.B. of this policy. Earned leave
shall accrue whenever an employee is on paid status with the County. Employees do not
accrue earned leave when on leave without pay.
D. An employee may accumulate earned leave, including the previous vacation balance, if
any, to a maximum of twice the annual time management accumulation. On March 31 of
each year, any employee credited with time management leave greater than twice the
annual accumulation shall forfeit the amount above the maximum accumulation. An
employee who has acquired the maximum allowable accumulation of time management
leave may continue to accumulate earned leave for the balance of the year in which the
maximum accrual was reached, provided that the employee take sufficient leave to
reduce the accumulation to the maximum allowable prior to the following March 31 or
forfeit the excess.
E. Upon an employee's termination, all of the employee's earned time management leave
(including vacation rollover, if any) shall be paid to the employee at the current rate of
pay.
F. In the event of an employee's death, all earned time management leave shall be paid to
the employee's designated beneficiary at the current rate of pay.
G. During the first five years of employment, employees shall be required to take a
minimum of one (1) week of earned time management leave per year. Thereafter,
employees shall be required to take a minimum of two (2) weeks of earned time
management leave per year.
H. Employees shall, whenever possible, request time off in advance. Use of such time
management leave must be scheduled between the employee and his or her supervisor or
designee. When an employee is sick or an emergency requires his or her presence
elsewhere, the employee must notify the supervisor as soon as possible.
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I. After one year of continuous employment, employees may request to convert up to 40
hours of accrued time management leave to cash on an annual basis. To be eligible, an
employee must maintain a minimum balance of one year's time management accrual and
must have used the minimum time management leave specified in Section G. A request
for conversion of annual time management leave to cash must be approved by the
Department Head subject to budget restrictions and is allowed once each fiscal year. The
request must be made prior to April 15th and will be included in the employee's April
paycheck. The Personnel Department will distribute request forms no later than the first
week of April.
1. During the last three years prior to retirement, employees may sell up to 80 hours each
calendar year of their time management leave accrual at the current rate of pay.
Extensions of an employee's scheduled retirement date notwithstanding, no employee
will be entitled to this option in more than three years. This paragraph is not subject to
any of the limitations expressed in Section I of this policy.
IV. PRIOR SICK LEA VE ACCUMULA nON
An employee's existing sick leave accrual at the time of transferring into the Time Management
Program will be preserved in a separate sick leave bank. No additional sick leave will be earned.
Existing sick leave will be treated in the following manner:
A. No compensation for accrued sick leave shall be provided for any employee for any
reason, except that one-half of the employee's accrued sick leave bank shall be paid to
the employee or hislher beneficiary upon death or permanent total disability.
B. Employees will be allowed to convert up to 100 hours of existing sick leave to time
management leave on a two-for-one basis. (l00 hours of sick leave will convert to 50
hours of time management leave).
C. Existing sick leave (banked sick leave) may be used by employees only after the
employee has been absent from work for at least the equivalent of three entire work days
due to the same illness or injury for qualifying sick leave utilization per the Personnel
Rules. The equivalent of the first three days will be either deducted from accrued and
unused time management or, if the employee does not have sufficient time management
leave, will be deducted from accrued compensatory time or any other paid leave time, or
be identified as leave without pay.
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APPENDIX "B"
Deschutes County Administrative Policy No. GA-6
Effective Date: April 28, 2008
DUTIES AND RESPONSIBILITIES OF EMPLOYEE
BENEFITS ADVISORY POLICY
STATEMENT OF POLICY
It is the policy of the Board of County Commissioners to provide a quality health and welfare insurance benefit program
on a consistent basis to all regular county employees and to involve employees in making recommendations regarding
such a benefit program by appointing an Employee Benefits Advisory Committee (EBAC).
APPLICABILITY
This policy applies to all regular county employees.
POLICY AND PROCEDURES
The primary responsibility of the EBAC will be to meet with Personnel staff, the agent of record, and insurance
representatives, in order to review/evaluate all possible options with regard to employee benefits. The EBAC will make
recommendations to the Board of County Commissioners regarding Health and Welfare benefits.
The EBAC will also be a source of advice for the Personnel Department concerning benefit administration.
EBAC MEMBERSHIP
The EBAC will be comprised ofthe following voting membership:
4 Representatives from AFSCME
2 Representatives from DCSA
1 Representative from 701
1 Representative from 9-1-1
1 Representative from FOPPO
1 Personnel Services Manager
1 Risk Manager
5 Department Heads, Managers, and/or Elected Officials
1 Representative from COIC (Central Oregon Intergovernmental Council)
1 Retiree who is a plan participant
The County Administrator will be a non-voting member of the committee. Additional non-voting members may be
appointed at the discretion of the committee.
A Chair and Vice Chair will be selected annually by the committee, with one position to be filled by a manager or elected
official, and the other will be a non-management representative.
Policy fI: GA-6, EBAC
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Each represented group will be responsible for filling their respective vacant positions on the committee.
When a vacancy in the non-represented membership of the committee occurs, a call for potential replacements will be
issued to all County Department Directors. Interested parties will submit to EBAC a brief summary describing why they
wish to fill the position. EBAC will then select a replacement from the pool of eligible candidates and
forward the selection to the Board of County Commissioners for ratification.
The Personnel Department will provide staff support to the committee.
MINIMUM MEETING REQUIREMENTS
At a minimum, the EBAC will meet at least eight (8) times per year. Additional meetings may be scheduled at the
discretion of the committee. Subcommittees may also be established at the discretion of the committee.
The EBAC may request the removal or replacement of a voting member who is not able to attend two (2) or more
consecutive EBAC meetings, or four (4) or more meetings in any twelve-month period.
No vote shall be taken on any recommendation to the Board of Commissioners in an EBAC meeting without a quorum
present. A quorum is defined as a majority of the voting members, not including vacant positions.
The meetings will be open to all interested employees. Minutes of each meeting will be kept and in turn distributed to
each committee member, the Board of Commissioners, and Department Officials, and will be posted on department
bulletin boards and on the County's intranet site. All employees with an e-mail address will receive notice of planned
meetings and an electronic copy of the minutes of each meeting.
Approved by the Deschutes County Commissioners, April 28, 2008.
Dave Kanner,
County Administrator
Policy # GA-6, EBAC
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