Sonoma County Public Defender Investigators’ Association (SCPDIA)

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2019 - 2023 SCPDIAMemorandum of Understanding: Article 7: Salaries and Administration of the Salary Schedule

Sonoma County Public Defender Investigators’ Association

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7.1 Salaries

Salary scales shall be specified in Appendix A for each classification contained within the unit represented by the Association.
Salary Adjustments:
1. Effective the pay period that begins January 28, 2020; the County will increase the current I step of each job classification in the salary table specified in Appendix A and attached to this agreement by $1.15/hour. The County will then recalculate the salary scale in Appendix A from the adjusted I step to maintain an approximate 2.5% differential between salary steps.
  
  Following the above adjustments, the County will increase by seven tenths of a percent (0.7%) the A-I Step of each scale in the Salary Table specified in Appendix A.
2. Effective the pay period that begins February 11, 2020: The County will increase by two and eighty-five hundredths of a percent (2.85%) the A-I Step of each scale in the Salary Table specified in Appendix A and attached to this Agreement.
3. Effective the pay period that begins June 2, 2020; the County will increase the current I step of each job classification in the salary table specified in Appendix A and attached to this agreement by $1.15/hour. The County will then recalculate the salary scale in Appendix A from the adjusted I step to maintain an approximate 2.5% differential between salary steps.
  
  Following the above adjustments, the County will increase by two and eighty-five hundredths of a percent (2.85%) the A-I Step of each scale in the Salary Table specified in Appendix A.
4. Effective the pay period that begins June 1, 2021; the County will increase the current I step of each job classification in the salary table specified in Appendix A and attached to this agreement by $1.15/hour. The County will then recalculate the salary scale in Appendix A from the adjusted I step to maintain an approximate 2.5% differential between salary steps.
  
  Following the above adjustments, the County will increase the adjusted A step of each job classification specified in Appendix A by at least 1.90% and not more than 3.80%. To determine the actual salary increase, the County will compare the following values:
  
  (V1) The San Francisco-Oakland-Hayward All Urban Annual Consumer Price Index (CPI-U) issued by the Bureau of Labor Statistics in January 2021 for the preceding December percentage change from December of the prior year.
  
  (V2) The County’s actual annual growth percentage of secured property taxes collected between fiscal years 2018-2019 and 2019-2020, divided by 1.5.
  
  The effective salary adjustment to be applied to the salary scale will be based on the lesser of value (V1) and value (V2) above, in the following manner:
  - If the lesser of value (V1) and value (V2) is less than or equal to 2%, then the effective salary adjustment will be 1.90%.
  - If the lesser of value (V1) and value (V2) is greater than or equal to 4%, then the effective salary adjustment will be 3.80%.
  - If the lesser of values (V1) and (V2) is between 2% and 4%, the effective salary adjustment will be calculated according to the following formula:
    
    Lesser of value (V1) and value (V2) = (X)
    (X) - 2% = (F)
    (F) x 0.95 = (G)
    (G) + 1.90 = effective salary adjustment: (H)
    
    Examples:
    
    (X) = 2.5%
    2.50 – 2.00 = 0.50
    0.50 x 0.95 = 0.475
    0.475 + 1.90 = 2.375%
    
    (X) = 3.50%
    3.50 – 2.0 = 1.50
    1.50 x 0.95 = 1.425
    1.425 + 1.90 = 3.325%
5. Effective the pay period that begins May 31, 2022: the County will increase the A-I Step of each scale in the Salary Table by at least two percent (2%) and not more than four percent (4%). The actual amount of the increase each year within 2% and 4% will be determined by the lesser amount of the two following calculations:
  
  (V1) The San Francisco-Oakland-Hayward All Urban Annual Consumer Price Index (CPI-U) issued by the Bureau of Labor Statistics in January 2022 for the preceding December percentage change from December of the prior year.
  
  (V2) The County’s actual annual growth percentage of secured property taxes collected between fiscal years 2019-2020 and 2020-2021, divided by 1.5.
  
  The effective salary adjustment to be applied to the salary scale will be based on the lesser of value (V1) and value (V2) above, in the following manner:
  - If the lesser of value (V1) and value (V2) is between 2% and 4%, the County will increase the A step by the lesser of the two values.
  - If the lesser of value (V1) and value (V2) is less than or equal to 2%, County will increase the A step by 2%.
  - If the lesser of value (V1) and value (V2) is greater than or equal to 4%, the County will increase the A step by 4%.
Hourly Cash Allowance
Subject to the reductions identified below in 7.1 (c) (1-4), the County shall pay each permanent full and part time employee, in addition to their hourly regular earning rate from the salary schedule, a cash allowance of $3.45 per pay status hour that the employee is in paid status excluding overtime, up to maximum of 80 hours in a pay period (or approximately a maximum of $600 per month).

Such hourly cash allowance is compensation for services rendered in that pay period and shall be taken into account for the purposes of computing employees’ final compensation for pension purposes, as well as all usual taxation as their regular earning rate from the salary schedule. It shall not be included on the salary schedule and shall not be impacted by future increases on the salary schedule. It is not intended as a supplement toward medical, dental, or any other insurance or benefit.
1. Effective January 28, 2020, the County will reduce the hourly cash allowance to $2.30 paid per pay status hour that the employee is in a paid status, up to a maximum of 80 hours in a pay period.
2. Effective June 2, 2020, the County will reduce the hourly cash allowance to $1.15 paid per pay status hour that the employee is in a paid status, up to a maximum of 80 hours in a pay period.
3. Effective June 1, 2021, the County will reduce the hourly cash allowance to $0.00 paid per pay status hour that the employee is in paid status, up to a maximum of 80 hours in a pay period.
4. In consideration for the foregoing, the County has agreed to increase the I step of the salary scale of each job classification identified in Appendix A by $1.15/hour over a three (3) year period as set forth in Section 7.1 b. (Salary Adjustments).

7.2 Salary Upon Employment

Except as otherwise provided herein, appointment to any position in any class shall be made at the minimum rate, and advancement to rates greater than the minimum rate shall be within the limits of the salary scale for the class.

7.3 Advanced Step Upon Employment

In exceptional cases after reasonable effort has been made to obtain employees for a particular class at the minimum rate, employment of individuals who possess special qualifications higher than the minimum qualifications prescribed for the particular class may be authorized at a rate higher than the minimum upon recommendation of the Department Head with approval of the County.

7.4 Reappointment Consideration

Any full-time or part-time employee who resigns in good standing, and who is reappointed on a full-time or part-time basis in the same class or a closely related class in the same salary scale or in a lower salary scale within two years after resignation may, upon approval by the County, be paid at any step in the appropriate salary scale, but not less than two steps below the step paid at the time of resignation. Approval of the County is only required if the person is rehired at a step which exceeds step paid at the time of resignation.

7.5 Extra Help to Permanent Appointment

An Extra Help employee who is appointed to an allocated part-time or full-time position in any class and without a break in service, shall be paid at a step which is nearest in amount to that of the step received in the class held immediately prior to such appointment. Employment at a higher salary step not to exceed the maximums of the scale may be authorized upon recommendation of the Department Head.

7.6 Salary Upon Restoration

Any full-time or part-time employee displaced, laid off, or voluntarily demoted in lieu of layoff and reappointed within two years in the same class from which separated or in a closely related class in the same salary scale, or in a lower salary scale than the class from which separated shall be paid at the salary step closest to but not exceeding the step of the applicable scale paid at the time of displacement, layoff or voluntary demotion. Such employee shall be considered for merit increase when the employee's total hours in pay status before and after separation and restoration equal the number of hours required for merit increase.

7.7 Salary Upon Promotion

Except as otherwise provided herein, any full or part-time employee who is promoted to a position in a class allocated to a higher salary scale than the class from which the employee was promoted shall receive the salary step rate of the appropriate scale which would constitute an increase of salary most closely equivalent to but not less than five (5) percent of the employee's salary step rate before promotion, but not less than the minimum salary scale of the new class nor greater than the maximum salary of the new class.

If a promotion occurs during the same pay period a merit increase is due and approved, the merit increase shall be computed first and subsequently the increase due to promotion.

An employee who is promoted shall be considered for a merit increase when the employee's total hours in pay status, exclusive of overtime subsequent to promotion, equals 1,040 hours. The effective date of the merit increase shall be in accordance with Article 7.21.

7.8 Advanced Salary Upon Promotion

Upon promotion of a full-time or part-time employee to a new class, the Human Resources Director may recommend to the County Administrator that the person being promoted shall receive a rate of pay which is higher than that to which the employee is entitled, but which in no way exceeds the top of the scale.

7.9 Salary Upon Demotion During Probation

Any full-time or part-time employee who, during the employee's probationary period, is demoted to a class which the employee formerly occupied in good standing during the same period of continuous employment in paid or unpaid status shall have the employee's salary reduced to the salary the employee would have received if the employee had remained in the lower class throughout the employee's period of service in the higher class. The employee's eligibility for merit advancement shall be determined as if the employee had remained in the lower class throughout the period of service in the higher class.

7.10 Salary Upon Involuntary Demotion

A full or part-time employee, to whom the circumstances described in Article 7.9 do not apply, who is demoted involuntarily to a position in a class which is allocated to a lower salary scale than the class from which the employee is demoted shall have the employee's salary reduced to the salary in the scale for the new class next lower than, or not more than five (5) percent lower than the salary received before demotion, except that such employee shall not be paid more than the maximum of the scale of the class to which the employee is demoted. The employee's eligibility for merit advancement shall not change as a result of demotion.

7.11 Salary Upon Voluntary Demotion

A full or part-time employee, to whom the circumstances described in Article 7.9 above do not apply, who is demoted voluntarily or who is displaced as a result of layoff to a position in a class which is allocated to a lower salary scale than the class from which the employee is demoted, or displaced as a result of layoff shall receive the highest salary step in the scale for the new class which does not exceed the salary received before demotion or displacement but not exceeding the maximum of the salary scale for the new class. The employee's eligibility for merit advancement shall not change as a result of demotion or displacement.

7.12 Salary Upon Reappointment from Voluntary Demotion

Any full-time or part-time employee who is demoted voluntarily and who is reappointed on a full-time or part-time basis in the same class within two years, shall be reappointed at either the same step the employee received at the time of demotion or the salary step nearest the amount of the employee's present salary step, whichever is greater.

7.13 Salary Upon Transfer

A full-time or part-time employee who transfers from one allocated position to another allocated position in the same job class shall be placed at the same salary step which the employee was receiving prior to the transfer. A full or part-time employee who transfers from one allocated position in a job class to another allocated position in a closely related job class for which s/he possesses the minimum qualifications shall be paid at the step in the new scale nearest in amount to what the employee received prior to transfer.

A closely related job class is defined as a job class that has sufficiently similar duties and minimum qualifications to make a change of status compatible with Merit System Standard, and has a salary scale that is within four (4) percent above or below the employee’s current job classification’s salary scale.

7.14 Salary Upon Reallocation of Class

An employee in a position in a class which is reallocated from one salary scale to another shall continue to receive the same salary step.

7.15 Salary Upon Reclassification of Position - Same Salary

Whenever a position is reclassified to a class which is allocated to the same salary range, the incumbent shall retain the same salary step received prior to the reclassification if the incumbent is appointed to fill the position.

7.16 Salary Upon Reclassification of Position - Higher Salary

Except as otherwise provided herein, whenever a position is reclassified to a class which is allocated to a higher salary scale, the salary of the incumbent shall be as provided in Article 7.7 if the incumbent is appointed to fill the position.

7.17 Salary Upon Reclassification of Position - Lower Salary

Whenever a position is reclassified to a class which is allocated to a lower salary scale, the salary of the incumbent shall be as provided by Article 7.11, if the incumbent is appointed to fill the position. Whenever the effect of reclassification is to reduce the salary of an incumbent, the Board of Supervisors may, upon recommendation by the Director of Human Resources, direct that the incumbent shall continue to receive the previously authorized salary until termination of employment in the position, or until a percentage increase in pay may be authorized, whichever first occurs. Appropriate records shall show such an incumbent as being paid at a special fixed rate (Y rate) of the salary scale for the employee's class.

7.18 Merit Advancement Within Salary Ranges

Merit increases within a scale shall not be automatic. They shall be based upon merit and shall require a written performance evaluation with a minimum satisfactory overall rating. An employee with a less than satisfactory overall rating on the employee's most recent performance evaluation shall not be eligible for a merit increase until the employee receives an overall rating of satisfactory. The performance evaluation shall be reviewed by the employee's department head or Department Head and approved in writing prior to the granting of any merit increase. Merit increases shall be made within the appropriate salary scale for the class by computing the new salary step rate which is most closely equivalent to five percent (5%) higher than the previous base hourly rate.

7.19 Performance Appraisals

Performance appraisals of full-time and part-time employees which deny a merit salary increase or have an overall rating of "unsatisfactory" may be grieved at the employee's option through the 3rd step of the Grievance Procedure established under this Memorandum for a final decision.

7.20 Salary Upon Advancement Within a Range

Each employee shall be considered for an initial merit increase when the employee's total hours in pay status within the same class exclusive of overtime equals 1,040 hours. Thereafter, an employee shall be considered for subsequent merit increases when the employee accumulates 2,080 hours pay status, exclusive of overtime.

7.21 Effective Date of Merit Increase

The effective date of the merit increase shall be the start of the work day during which the employee becomes eligible for the merit increase.

7.22 Salary Upon Temporary Promotion

An employee assigned by the Department Head to perform the full range of duties of a higher classification to fill a vacancy caused by resignation, termination, promotion or an extended leave of absence, who meets the minimum qualifications for the higher classification, shall be paid according to the salary of the scale for the new class which would constitute an increase in salary at the step most closely equivalent to five (5) percent greater than the employee's salary before promotion, but not less than minimum salary of the new class, nor greater than the maximum salary of the new class. The employee shall receive this salary as long as the employee continues to serve in such assignment and shall be entitled to receive increases for the position in accordance with the merit increase section of this Memorandum as though the employee had been appointed on the day that the employee began to receive the salary designated for the position. All other benefits to which an employee is entitled under the terms of this MOU shall continue and no additional benefits will be provided to employees temporarily assigned to a higher class.

7.23 Initial Salary Adjustments

The County and the Association agree that, following the Association's ratification of the new Memorandum, the Board of Supervisors will implement any changes in the Memorandum effective September 10, 2013, or as otherwise specified herein.

The County will adjust the payroll to reflect the negotiated salary scale changes effective with the pay period starting on the dates shown in Section 7.1 Salaries.

7.24 One-Time, Lump Sum, Non-Recurring, Non-Pensionable Payment

Effective the pay period beginning January 28, 2020, contingent on Association ratification of the successor MOU and approval by the Sonoma County Board of Supervisors on or before February 4, 2020, each regular full time employee as of February 10, 2020, shall receive a one-time, lump sum non-recurring, non-pensionable payment in the amount of three thousand six hundred dollars ($ 3,600) to be paid on February 19, 2020.

The above amounts shall be prorated for eligible part time employees based on their allocated full-time equivalent (FTE) as of the last day of the pay period.

The one-time payments will be subject to all applicable federal, state and local tax withholdings. The payments will not be included in wages for computations of overtime, benefits, or for any other purpose.

7.25 Comparison Agencies

Unless mutually agreed to, all classification within the bargaining units 55 and 56 shall utilize the following for comparable agency purposes:

Alameda County, Contra Costa County, Marin County, Napa County, Sacramento County, San Mateo County, San Luis Obispo County, Santa Clara County, Santa Cruz County, Solano County, and the City of Santa Rosa shall be included as comparable agencies.

For purposes of understanding market data in applicable classification studies, top-step salary of comparable job classifications within the composite list of eleven agencies will be determined, the two agencies showing the highest and lowest top-step salary will be removed from the calculation. At least four match classes must exist in order to conclude there is sufficient market data.