2023 - 2026 DSLEM Memorandum of Understanding: Article 30: Association

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• 30.1 Paid Leave "Pool"
• 30.2 Full Release of Association President
  • 30.2.1 President’s Release Time – Conditions

Read Next: Article 31: No Strike

Upon request, the County will grant Association paid leave to Association management representative(s) to attend to Association business related to County of Sonoma representation, when such business would conflict with the work schedule of an employee representative(s). “Association business” shall mean Association Executive Board meetings, conventions, seminars or other Association events, all of which must be related to employer-employee relations and involving matters solely pertaining to the Bargaining Unit covered by this Memorandum of Understanding. When on Association business, Bargaining Unit members are on off-duty status, during which the County is not responsible for their actions. The total number of hours of Association paid leave will be 80 hours per fiscal year during the term of this Memorandum and be available for use as a pool of hours, all to be used by Association representatives. Additional release hours beyond the annual pool of paid Association leave hours may be granted by the County for Association business on an unpaid leave basis or by the employee representative requesting use of accrued vacation and/or compensatory time off. The County shall not unreasonably deny a request for paid Association business leave or unpaid leave, vacation and/or compensatory time off for Association business unless the County determines the number of Association representatives requesting time off for Association business would create an undue hardship on operational effectiveness, including excessive overtime costs to replace the absent Association representative(s). All requests for leave under this Section shall be made in writing on a form as agreed to by the parties.

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The Association President will be released on a full-time basis, effective the first full pay period in January 2024 (12/12/2023).  The Association is responsible to pay the County for all costs related to the position of the individual being released as President including retirement, taxes, and benefit costs. To off-set the Association’s portion of expense associated with the full-time release of the President, 2,087 hours will be credited based upon the foregoing of the Floating Holiday by all members of the Sonoma County Deputy Sheriffs Association and the Sonoma County Deputy Sheriffs Management Association.

30.2.1       President’s Release Time – Conditions

1. Salary: Employee salary will continue to be paid by the County.  The salary covers sick, vacation, and holiday leaves, which are part of the Associations Floating Holiday donation.

While on release time the employee will be paid at their current step in the salary scale at the initial date of release. Unless the employee continues to perform duties associated with a specialty assignment, salary does not include premiums for specialty assignments, but will include P.O.S.T. pay or other educational incentive pay for which an employee has qualified.  Time will be recorded and submitted by the employee through the County’s time keeping software, currently Dimensions.  Any merit increases will be granted on schedule.

2. Leave Accruals/Service Credit
   
   A. Sick and vacation accruals will continue to be accrued and taken.
   
   B. Holidays: Released President receives holiday time each year in accordance with the requirements of the MOU and County policy applicable to the President/employee’s position, which must be taken during the year. Overtime and compensatory time off are not incurred.  MOU Articles 20.5 (Compensation for Holidays) and 20.6 (Compensation for Holidays – Day         Worked) do not apply.
   
   C. Retirement: Retirement service credit accrual will continue. The employee is on paid leave and the Auditor/Payroll Division will deduct both employee and employer contributions, in order to maintain service credit.
   
   
3. Worker’s Compensation / 4850

If an employee on President Release is injured in the course and scope of Association business or County business, the vice president of the Association will continue to perform the duties of the President until the President is returned to duty. The obligation of the Association to pay release time related costs will be recalculated to pay the County for 2,080 hours per year at the vice-president’s current salary rate.

4. Liability Insurance & Third-Party Claims Against the County

The Association will maintain the following insurance coverages: a General Liability insurance policy with a $1,000,000 coverage limit per occurrence, and Non-Owned Auto Liability Insurance with a minimum limit of $1,000,000 combined single limit coverage per accident. The Non-Owned Liability coverage may be provided in the form of an appropriate endorsement to the General Liability policy. Employees released from regular County work pursuant to this Section perform activities at the Association’s direction and are not agents of the County of Sonoma. The Association agrees to indemnify and hold the County harmless from all claims arising from such activities.

5. Required Training
   
   A. An employee on President Release will participate in any training required for the employee to maintain their County position, specialty assignment and job classification, and the County will pay for all salary and benefits costs associated with the time spent in training. In event the President is on occasion, mandated by the Office of the Sheriff to perform duties associated with their position, including those associated with their specialty assignment, the County will be responsible for all salary for all salary and benefit costs for the time performing said duties. 
   
   B. The Sheriff Office will provide an itemized quarterly billing taking into account any offsets related to duties including training referenced in A above. The DSA may request a meeting for clarification of the quarterly billing if needed. 

6. County Benefits

The President shall enjoy all benefits conferred on like-situated employees represented by the Sonoma County Deputy Sheriffs Association Memorandum of Understanding and applicable County of Sonoma rules and policies.  No loss of County health, dental, vision, LTD or other benefits will result.  If a new benefit or unanticipated impact from an existing benefit not covered in this Agreement occurs, the parties agree to reopen this Agreement and meet on the issue in question.

7. President’s Replacement(s)

If another employee must act on the President’s behalf when they are using vacation or sick leave, the County will charge the Association for all salary and benefits costs associated with the replacement’s release time. The following conditions apply:

A. If the employee acting on the President’s behalf in their absence will not be provided release time unless pre-approval is sought and granted in advance. The right to refuse such hours for a President’s replacement is at the Sheriff’s discretion. 

B. The Association agrees to request such release time 14 calendar days (minimum) in The Sheriff’s Office will respond within 7 days of receipt of the initial request.  Failure to provide timely response constitutes automatic approval.  The Sheriff’s Office will not arbitrarily deny the time.  Reasons for denial, such as serious operational impacts will be articulated in writing to the Association.  The Sheriff may deny the requested release time if overtime costs would be incurred to provide the release time.  If the Association agrees to reimburse the County for the overtime costs, then the County may not deny the release time on the sole basis of overtime costs.

8. Shift Bid

A. If an incumbent DSA President declares their intention to run for re-election, the parties agree that they will not participate in the upcoming shift bid in their bureau. Should the President not be re-elected, they will be returned to a shift in the same manner, under the same policies and procedures applied to post-shift bid assignments. 

B. If an incumbent DSA President declares their intention not to run for re-election and is not named on the ballot, they will be eligible to participate in the upcoming shift bid. 

C. If an employee (non-incumbent) declares their candidacy for the DSA President position, they will be eligible to participate in the upcoming shift bid, as the outcome of the election is an unknown.

9. Presidential Access to County Facilities

With the approval of the designated management representative, the Association President may meet with represented employees at their work locations on matters of mutual interest to the Association and the Sheriff’s Office. The President shall give the management representative sufficient notice and information to arrange for the meeting time(s), including the requested duration of the meeting, and to determine if the matter(s) to be discussed are of mutual interest. The management representative may limit the duration of the meeting to meet the needs of the Sheriff’s Office.  If there is disagreement between the Association and the designated management representative, the Sheriff shall have final authority to determine whether the matter(s) to be discussed is/are of mutual interest. The County agrees to provide the Association with a list of designated management representatives and to keep such list updated.

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