(Posted July 19, 2009)

MOU ADDENDUM

TEMPORARY OFFICE CLOSURE

Fresno Deputy Sheriff’s Association – Unit 1

In recognition of the County’s fiscal environment, the parties have met and conferred regarding Temporary Office Closure.  It is the intent of the parties that there should be no additional overtime required simply as a result of this agreement.  In addition, it is also the intent of the parties that no additional time off shall be requested solely as a result of this agreement.  The regularly scheduled vacation time shall not be increased due to the requirement to take unpaid time off.  Having met and conferred, the parties agree to the following terms and conditions:

Temporary Office Closure (TOC)

1. Effective June 15, 2009, employees subject to this agreement (excluding employees regularly working an 84 hour or part-time work schedule) will take 40 hours of TOC (unpaid time off) in Fiscal Year 2009/2010, to be taken between June 15, 2009 and June 13, 2010, however their pay will be adjusted over the twenty-six (26) pay periods in the fiscal year (approximately 1.54 hours per pay period) so that the financial impact of the unpaid time off hours is minimized as much as possible.

2. Effective June 14, 2010, employees subject to this agreement (excluding employees regularly working an 84 hour or part-time work schedule) will take 40 hours of TOC in Fiscal Year 2010/2011, to be taken between June 14, 2010 and June 12, 2011, however their pay will be adjusted over the twenty-six (26) pay periods in the fiscal year (approximately 1.54 hours per pay period) so that the financial impact of the unpaid time off hours is minimized as much as possible. 

3. Employees regularly working an 84 hour work schedule will take 42 hours of TOC in Fiscal Years 2009/2010 and 2010/2011; their pay will be adjusted over the twenty-six (26) pay periods in the fiscal year (approximately 1.62 hours per pay period) so that the financial impact of the unpaid time off hours is minimized as much as possible. 

4. Employees engaged in permanent regular continuous part‑time service, as specified in the Salary Resolution, upon a definite work schedule, shall take TOC in direct proportion as such part‑time service bears to regular full‑time service (e.g., employees with standard hours equal to 50% of full time hours would be required to take 20 hours of TOC (approximately 0.77 hours per pay period)).

5. Department heads shall authorize the use of TOC

a.      At times mutually acceptable for 24/7 operations or other operations which must remain open to the public and/or;

b.      Office closure.  Should a department head, in consultation with the County Administrative Officer and consistent with County ordinances and the Salary Resolution, select office closure, the following terms and conditions apply.

                                i.            Unless specifically scheduled by management to work on the specified office closure day, County employees normally scheduled will not report to work on those days.

                              ii.            Individuals who are scheduled by management to work hours/days during office closure will be required to schedule themselves with the approval of their department management for the equivalent number of hours/days off during the related fiscal year period. All county employees, regardless of whether they report to work or not during a specified office closure day will have an adjustment from their pay for the specified pay periods.  It is the employee’s responsibility to ensure that required TOC hours are taken within the specified period.  TOC hours do not carry over from one fiscal year to the next.  If employee’s do not use all of their required TOC hours and/or do not make  reasonable requests for TOC hours, no adjustments will be made except as identified in Numbers 16 and 17 below.

                            iii.            Employees whose normally scheduled day off occurs during an office closure day will be required to schedule an equivalent day off.  Management will make every effort to accommodate employees request for equivalent office closure time off.

                             iv.            Management agrees that, wherever possible, employees will be notified at least 48 hours in advance of the office closure if they will be required to work during the office closure day.  Employees working an office closure day, shall treat the day as a regularly scheduled work day and schedule themselves for a later equivalent TOC day off. 

                               v.            Where it is known in advance that coverage will be required, management will offer the opportunity to work during the office closure days to full and part-time County employees prior to utilizing any extra help for coverage.  Employees so scheduled will be required to schedule equivalent TOC days off.  Nothing in this provision precludes management from requiring an employee to work during office closure days.

                             vi.            Employees who are scheduled to work during office closure but who are unable to do so due to unanticipated circumstances will treat the day as unpaid time off (TOC or MVFL).  No annual leave, sick leave or other paid time off will be authorized for the absence, unless all unpaid time off has already been used.

                           vii.            Annual Leave, Prior Sick Leave, Compensatory Time Off, Accrued Holiday Time or any other paid leave will not be authorized during the office closure days under any circumstances, except for the following: employees who have exhausted unpaid furlough, employees whose normally scheduled shift is more than eight hours may elect to use annual leave for each day of office closure to the extent required to ensure that they do not experience an inequitable amount of unpaid time.  Those employees who are on an accepted On-the-job Injury or State Disability Integration and who are integrating annual leave with other benefits are excepted.

6. For the first pay period during which TOC is in effect, employees will have their earnings reduced in proportion to the number of hours of TOC spread out over the 26 pay periods in each fiscal year.

a.      For Fiscal Year 2009/2010 full-time employees will be required to use 40 hours of TOC (excluding employees regularly working an 84 hour or part-time work schedule).  The adjustment amount will be approximately 1.54 hours per pay period for an employee who works 80 hours per pay period.  Employees regularly working an 84 hour work schedule will take 42 hours of TOC in Fiscal Year 2009/2010; their adjustment amount will be approximately 1.62 hours per pay period.  Part-time employees will be required to use a prorated number of hours in direct proportion as such part-time service bears to regular full-time service (e.g. employees with standard hours equal to 50% of full time would be required to take 20 hours of TOC; their adjustment amount will be approximately 0.77 hours per pay period).

b.      For Fiscal Year 2010/2011 employees will be required to use 40 hours of TOC (excluding employees regularly working an 84 hour or part-time work schedule).  The adjustment amount will be approximately 1.54 hours per pay period for an employee who works 80 hours per pay period.  Employees regularly working an 84 hour work schedule will take 42 hours of TOC in Fiscal Year 2010/2011; their adjustment amount will be approximately 1.62 hours per pay period.  Part-time employees will be required to use a prorated number of hours in direct proportion as such part-time service bears to regular full-time service (e.g. employees with standard hours equal to 50% of full time would be required to take 20 hours of TOC; their adjustment amount will be approximately 0.77 hours per pay period).

7. TOC will be considered productive time for the following purposes: computing annual leave accrual pursuant to Salary Resolution Section 600; computing overtime pursuant to Salary Resolution section 800 (excluding FLSA overtime and double-time overtime eligibility); provisions of in-force Memoranda of Understanding (excluding FLSA overtime and double-time overtime eligibility); holiday pay pursuant to Salary Resolution Section 900; completion of probationary period pursuant to Personnel Rule 5; promotion eligibility pursuant to Personnel Rule 11; computing seniority pursuant to Personnel Rule 12; step increase eligibility; and computing service time for County retirement (the employer and employee continue to pay their respective retirement contributions based on the employee’s regular base salary irrespective of TOC usage/payback).  TOC is not considered productive time for other forms of compensation, including FLSA overtime and double-time overtime eligibility.

8. Employees participating in TOC are not terminated from County service, and this reduction in work hours is not considered a break in County service and will not affect County benefits.

9. Any uncompensated time off for dock time, disciplinary time off or leave of absence prior to June 15, 2009 will not be credited to an employee’s TOC.  Disciplinary time off, regardless of when it occurs, will not be counted as TOC. 

10. County employees either hired or returning from a leave of absence on or after June 15, 2009 but before June 13, 2010 shall participate in TOC on a prorated basis of 1.54 hours per pay period for 80 hour full-time employees and 1.62 hours per pay period for 84 hour full-time employees (e.g. an 80 hour employee hired with 13 pay periods remaining must take 20 hours before June 13, 2010).

11. County employees either hired or returning from a leave of absence on or after June 14, 2010 but before June 12, 2011 shall participate in TOC on a prorated basis of 1.54 hours per pay period for 80 hour full-time employees and 1.62 hours per pay period for 84 hour full-time employees (e.g. an 80 hour employee hired with 13 pay periods remaining must take 20 hours before June 12, 2011).

12. Employees who promote, demote or transfer into a classification subject to TOC during a TOC period, shall participate in TOC on a prorated basis of 1.54 hours per pay period for 80 hour full-time employees and 1.62 hours per pay period for 84 hour full-time employees.

13. Employees who promote, demote or transfer into a classification not subject to TOC during a TOC period, will have their paycheck adjusted to correct any overage or underage associated with TOC advancements and adjustments.   

14. Employees who experience a change in pay rate during the TOC period or during the adjustment period shall have their pay adjusted for the equivalent number of hours of their current rate of pay without regard to the rate of pay that was in effect at the time of the TOC (e.g. 80 hour full-time employees shall have pay adjusted at the rate of 1.54 hours per pay period).

15. Where shift work is involved, the day is defined as the day on which more than fifty percent (50%) of the shift is worked.

16. The July 9, 2010 paycheck of any County employee who has made a reasonable request(s), pursuant to department requirements and is not granted TOC in the period beginning June 15, 2009 and ending June 13, 2010 will be adjusted to correct for the overage withheld.  

17. The July 8, 2011 paycheck of any County employee who has made a reasonable request(s), pursuant to department requirements and is not granted TOC in the period beginning June 14, 2010 and ending June 12, 2011 will be adjusted to correct for the overage withheld.   

18. If an employee returns from leave of absence and still owes TOC payback from a prior fiscal year, prior year payback will be deducted first at a maximum of five hours per pay period until all prior year payback has been paid in full instead of a payback deduction prior to their return to work.  The employee is also subject to current year payback.  There is no maximum TOC payback adjustment for current fiscal year. 

19. The final paycheck for County employees who terminate employment on or after June 15, 2009 but prior to June 13, 2011 will be adjusted to correct any overage or underage associated with TOC advancements and adjustments.

20. TOC is neither grievable nor appealable.  However, employees who believe that TOC has not been administered according to the provisions of this agreement may request a review by an advisory committee composed of one representative from labor and one representative from County Management who shall together select a third representative from labor, provided that representative not be associated with the organization representing the bargaining unit of the appealing employee or the department where the appellant is employed.  The advisory committee shall consider the employee’s case and make an advisory recommendation to the County Administrative Officer.  Decisions made by the County Administrative Officer will be final and binding. 

Modified Voluntary Furlough Leave

21. The County agrees to offer the Modified Voluntary Furlough Leave (MVFL) program for Fiscal Years 2009/2010 and 2010/2011.  Employees may request up to 80 hours of MVFL in addition to 40 hours of TOC each fiscal year, subject to management approval consistent with operational considerations.

Substituting Unpaid Time Off for Regularly Scheduled Vacation Time Off

22. It is the intent of the parties that there should be no additional overtime required simply as a result of this agreement.

23. It is also the intent of the parties that no additional time off shall be requested solely as a result of this agreement.  The regularly scheduled vacation time shall not be increased due to the requirement to take unpaid time off.

24. Employees shall substitute unpaid time off (TOC and/or MVFL) for vacation time already scheduled in Calendar Year 2009; For Calendar Years 2010 and 2011, unpaid time off (TOC and/or MVFL) shall be utilized first prior to paid time off for scheduled vacation time up to the amount of unpaid time off required for each fiscal year.

Waiver of 120 hour Annual Leave Usage

25. The County agrees to waive the 120 hour minimum Annual Leave usage requirement provision in the Salary Resolution in Calendar Years 2009, 2010 and 2011.

Mandatory Furlough

26. The County agrees not to impose Mandatory Furlough pursuant to Personnel Rule 12 during Fiscal Year 2009/2010 and Fiscal Year 2010/2011.

Term of Agreement

27. This agreement shall expire June 12, 2011.