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Executive Board Everett Fitzgerald President Brian Minnich Vice President Octavio Sandoval Treasurer Cosme Mojica Secretary Julio Alvarez Jim Jessop Sgts At Arms

SANTA CLARA COUNTY CORRECTIONAL PEACE OFFICERS’ ASSOCIATION, INC. 1930 O’Toole Way, San Jose, CA 95131 Tel: 408.526.0606 Fax: 408.526.0609 Email: admin@scccpoa.org Website: SCCCPOA.ORG

Summary of MOU Changes Between CPOA and the County of Santa Clara September 19, 2011 through September 1, 2013

Divisional Directors John Donaldson Jeff Colar Main Jail Complex Carlton Gray Christopher Daniel Elmwood Complex Mark Calderone Transportation Michael Morin Lt’ s & Sgt’ s

Subject to Board of Supervisors’ratification, all provisions of the 2008-2011 labor contract are to remain in effect except those provisions noted in this summary. Where contract language is printed below, language that was deleted is shown as crossed out. Language reflected in italics is informational. New language is underlined. Below are substantive changes. Section 1 – Recognition 1.1 Recognition The Santa Clara County Correctional Peace Officers’Association, Inc., herein-after “Association”) is the recognized employee organization for the representation unit comprised of the following classifications: U85 Correctional Officer U84 Sheriff Correctional Officer T84 Sheriff’s Correctional Deputy U57Correctional Sergeant U74 Sheriff Correctional Sergeant T74 Sheriff’s Correctional Sergeant T58 Sheriff’s Correctional Lieutenant Section 2.1 Agency Shop Effective 30 days following the ratification of this agreement, all of the provisions of Section 2.1 shall apply to all employees in any of the classifications listed in Section 1.1 Recognition. Section 6 - Pay Practices 6.1 a) Salaries Deleted prior language regarding salaries and added the following: Effective September 19, 2011 all Correctional Sergeants, Sheriff’s Correctional Sergeants and Sheriff Correctional Lieutenants represented by the Association shall receive a wage decrease of one percent (1%). 6.2 Step Increases a) Effective September 19, 2011, two lower sub-steps shall be established to the current salary


Executive Board

SANTA CLARA COUNTY

Everett Fitzgerald President Brian Minnich Vice President Octavio Sandoval Treasurer Cosme Mojica Secretary Julio Alvarez Jim Jessop Sgts At Arms

CORRECTIONAL PEACE OFFICERS’ ASSOCIATION, INC. 1930 O’Toole Way, San Jose, CA 95131 Tel: 408.526.0606 Fax: 408.526.0609 Email: admin@scccpoa.org Website: SCCCPOA.ORG

Divisional Directors John Donaldson Jeff Colar Main Jail Complex Carlton Gray Christopher Daniel Elmwood Complex Mark Calderone Transportation Michael Morin Lt’ s & Sgt’ s

range for a total of 7 steps for employees newly hired into Sheriff’s Correctional Deputy positions at 5% difference between each step. Sub- steps 98 and 99 shall not apply to employees hired or offered employment prior to September 19, 2011. b) Sub-Step 98 Step 98 is the minimum rate and shall be the hiring rate for the class. In cases where it is difficult to secure qualified personnel or a person of unusual qualifications is engaged, the County Executive may approve the appointment at step 99, 1, 2, 3, 4 or 5. If an employee is hired under the difficult-to-secure qualified personnel clause, the County will move those employees within the same class to the same salary step as that being received by the new employees. The Association will receive a monthly listing of positions by class and department which lists positions hired above the first salary step. c)

Sub-Step 99 Step 99 shall be paid after the accumulation of twelve (12) months of competent service at step 98. Step One Step one shall be paid after the accumulation of twelve (12) months of competent service at step 99. The Association will receive a monthly listing of positions by class and department which lists positions hired above the first salary step.

6.3 Effect of Promotion, Demotion or Transfer on Salaries f. Sub- steps 98 and 99 shall not apply to workers hired prior to July 25, 2011 when applying the provisions of Section 7.3 – Effect of Promotion, Demotion or Transfer on Salaries. g. For the duration of the agreement, no employee shall progress to a higher step regardless of time accumulated in a step. 6.5 Effective September 19, 2011, Sheriff’s Correctional Lieutenants shall not be assigned “takehome” vehicles.


Executive Board Everett Fitzgerald President Brian Minnich Vice President Octavio Sandoval Treasurer Cosme Mojica Secretary Julio Alvarez Jim Jessop Sgts At Arms

SANTA CLARA COUNTY CORRECTIONAL PEACE OFFICERS’ ASSOCIATION, INC. 1930 O’Toole Way, San Jose, CA 95131 Tel: 408.526.0606 Fax: 408.526.0609 Email: admin@scccpoa.org Website: SCCCPOA.ORG

Divisional Directors John Donaldson Jeff Colar Main Jail Complex Carlton Gray Christopher Daniel Elmwood Complex Mark Calderone Transportation Michael Morin Lt’ s & Sgt’ s

Section 9 - Benefit Plans 9.1 Medical Insurance Medical Insurance The County agrees to fully pay medical coverage for worker and dependents on the lowest cost medical plan. The lowest cost medical plan will be either Kaiser or Health Net plan. Up to the same maximum contribution will be made to the other plans (i.e., Kaiser, Health Net and Valley Health Plan). The County will continue to pay the worker only contribution for Kaiser, Health Net Plan and Valley Health Plan. The parties agree that the Kaiser Plan, Valley Health Plan and the Health Net plan shall continue under the current coverage in effect on July 2011. Effective with coverage on December 26, 2011, the Kaiser Plan will be changed to $10 co-payment for office visits, $35 co-payment for emergency room visits, $5-$10 co-payment for prescriptions (30-day supply) and $10-$20 co-payment for prescriptions (100-day supply), and $100 co-payment for hospital admission; the Health Net Plan will be changed to $15/$20/30% (Tier 1/2/3) co-payment for office visits, $50/$75/30% co-payment for emergency room visits, and $5/$15/$30 (generic/brand/formulary) co-payment for prescription (30-day supply) and $10/$30/$60 co-payment for prescription (90-day supply). In addition, following the approval of this agreement, the parties agree to eliminate the current Kaiser co-payment reimbursement effective September 1, 2011. The last day to incur such co-payment expense and be eligible for reimbursement was August 31, 2011. Employees will have until September 30, 2011 to submit their claim for reimbursement. 3.

Domestic Partners Benefits shall be provided in accordance with Article 14 Domestic Partners Medical Benefits for Retirees a.

For workers hired before August 12, 1996.


Executive Board Everett Fitzgerald President Brian Minnich Vice President Octavio Sandoval Treasurer Cosme Mojica Secretary Julio Alvarez Jim Jessop Sgts At Arms

SANTA CLARA COUNTY CORRECTIONAL PEACE OFFICERS’ ASSOCIATION, INC. 1930 O’Toole Way, San Jose, CA 95131 Tel: 408.526.0606 Fax: 408.526.0609 Email: admin@scccpoa.org Website: SCCCPOA.ORG

Divisional Directors John Donaldson Jeff Colar Main Jail Complex Carlton Gray Christopher Daniel Elmwood Complex Mark Calderone Transportation Michael Morin Lt’ s & Sgt’ s

The County shall contribute an amount equal to the cost of Kaiser retireeonly medical plan premium to the cost of the medical plan of employees who have completed five (5) years service (1305 days of accrued service) or more with the County and who retire on PERS directly from the County on or after December 5, 1983. Retirees over 65 or eligible for Medicare Part B must be enrolled in such a plan, and the County shall reimburse the retiree for the cost of Medicare Part B premium on a quarterly basis. This reimbursement is subject to the maximum County contribution for retiree medical. The surviving spouse or domestic partner (as defined in the Domestic Partner Section of this agreement) of a worker eligible for retiree medical benefits may continue to purchase medical coverage after the death of the retiree. b. For workers hired on or after August 12, 1996. The County shall contribute an amount equal to the cost of Kaiser retireeonly medical plan premium to the cost of the medical plan of employees who have completed eight (8) years of service (2088 days of accrued service) or more with the County and who retire on PERS directly from the County on or after December 5, 1983. Retirees over 65 who are eligible for Medicare Part B must be enrolled in such a plan, and the County shall reimburse the retiree for the cost of Medicare Part B premium on a quarterly basis. This reimbursement is subject to the maximum County contribution for retiree medical. The surviving spouse or domestic partner (as defined in the Domestic Partner section of this agreement) of a worker eligible for retiree medical benefits may continue to purchase medical coverage after the death of the retiree. c. For workers hired on or after June 19, 2006. The County shall contribute an amount equal to the cost of Kaiser retireeonly medical plan premium to the cost of the medical plan of employees who have completed ten (10) years of service (2610 days of accrued service) or more with the County and who retire on PERS directly from the County. Retirees over 65 who are eligible for Medicare Part B must be enrolled in such a plan, and the County shall reimburse the retiree for the cost of Medicare Part B premium on a quarterly basis. This reimbursement is subject to the maximum County contribution for retiree medical. The


Executive Board Everett Fitzgerald President Brian Minnich Vice President Octavio Sandoval Treasurer Cosme Mojica Secretary Julio Alvarez Jim Jessop Sgts At Arms

SANTA CLARA COUNTY CORRECTIONAL PEACE OFFICERS’ ASSOCIATION, INC. 1930 O’Toole Way, San Jose, CA 95131 Tel: 408.526.0606 Fax: 408.526.0609 Email: admin@scccpoa.org Website: SCCCPOA.ORG

Divisional Directors John Donaldson Jeff Colar Main Jail Complex Carlton Gray Christopher Daniel Elmwood Complex Mark Calderone Transportation Michael Morin Lt’ s & Sgt’ s

surviving spouse or domestic partner (as defined in the Domestic Partner section of this agreement) of a worker eligible for retiree medical benefits may continue to purchase medical coverage after the death of the retiree. d. Such years of service expressed in a., b. and c. above must be continuous service with the County and shall have been completed immediately preceding retirement directly on PERS from the County, e. Delayed Enrollment in Retiree Medical Plan A retiree who otherwise meets the requirements for retiree only medical coverage under Section 9.1 Medical Benefits for Retirees, subsections a, b, or c may choose to delay enrollment in retiree medical coverage. Application and coverage may begin each year at the annual medical insurance open enrollment period after retirement. f. Employee Contribution Toward Retiree Medical Obligation Unfunded Liability Effective with the payperiod beginning September 19, 2011, employees shall contribute on a biweekly basis an amount equivalent to 15.0% of the lowest cost early retiree premium rate. The 15.0% contribution will be reduced to 10.0% effective the pay period beginning June 25, 2012. Effective with the pay period beginning June 25, 2012, employees shall contribute on a biweekly basis an amount equivalent to 10.0% of the lowest cost early retiree premium rate. Such contributions are to be made on an after-tax basis and employees shall have no vested right to the contributions made by the employees. Such contributions shall be used by the County exclusively to offset a portion of the County’s annual required contribution amount to the California Employers Retirement Benefit Trust established for the express purpose of meeting the County’s other post employment benefits (OPEB) obligations and shall not be used for any other purpose. Section 10– DOMESTIC PARTNERS (all sections after new Section will be renumbered) a.

Registered Domestic Partners


Executive Board

SANTA CLARA COUNTY

Everett Fitzgerald President Brian Minnich Vice President Octavio Sandoval Treasurer Cosme Mojica Secretary Julio Alvarez Jim Jessop Sgts At Arms

CORRECTIONAL PEACE OFFICERS’ ASSOCIATION, INC. 1930 O’Toole Way, San Jose, CA 95131 Tel: 408.526.0606 Fax: 408.526.0609 Email: admin@scccpoa.org Website: SCCCPOA.ORG

Divisional Directors John Donaldson Jeff Colar Main Jail Complex Carlton Gray Christopher Daniel Elmwood Complex Mark Calderone Transportation Michael Morin Lt’ s & Sgt’ s

County employees who have filed a Declaration of Registered Domestic Partnership in accordance with the provisions of Family Code 297-297.5 shall have the same rights, and shall be subject to the same responsibilities, obligations as are granted to and imposed upon spouses. The terms spouse in this contract shall apply to Registered Domestic Partners. b.

Unregistered Domestic Partners County employees who have an Affidavit of Domestic Partnership for Health or Dental Plan Enrollment Of Same-Sex Domestic Partners and Domestic Partner’s Children currently on file with the County benefits office, who are not also Registered Domestic Partners under 297-297.5, may continue to receive benefits as provided in the Affidavit agreement through June 30, 2012. Effective July 1, 2012 the County will only recognize employee who have registered their Domestic Partnership through the Secretary of State. c. Tax Liability Employees are solely responsible for paying any tax liability resulting from benefits provided as a result of their domestic partnership. Section 11 – Retirement 11.1 a)

Public Employees' Retirement System The County shall take action to effectuate an amendment to its PERS contract to implement “3% @ 50” for PERS safety employees. “3% @ 50” will be implemented when all PERS required procedures are complete.

b)

The County shall continue to pay eight and one-half percent (8 1/2%) of the employee's present contribution to PERS. The County shall implement reporting the Employer Paid Member Contribution (EPMC) as special compensation effective 01/20, September 17, 2001, so as to reflect the inclusion of normal contribution payment (8.5% of PERS reportable wages) as compensation earnable.

c) Effective September 19, 2011, the Association agrees that each employee shall contribute to PERS cost share employer contribution, through payroll deduction, an amount equal to 8.0% of PERS reportable gross pay. Effective June 25, 2012, each employee covered under this benefit shall contribute to PERS cost share employer contribution, through payroll deduction, an amount equal to 4.07% of PERS reportable gross pay. The employee PERS cost share employer contribution shall be treated on a pre-tax basis pursuant to the Internal Revenue Code 414 (h) (2).


Executive Board

Divisional Directors

SANTA CLARA COUNTY

Everett Fitzgerald President Brian Minnich Vice President Octavio Sandoval Treasurer Cosme Mojica Secretary Julio Alvarez Jim Jessop Sgts At Arms

John Donaldson Jeff Colar Main Jail Complex Carlton Gray Christopher Daniel Elmwood Complex Mark Calderone Transportation Michael Morin Lt’ s & Sgt’ s

CORRECTIONAL PEACE OFFICERS’ ASSOCIATION, INC. 1930 O’Toole Way, San Jose, CA 95131 Tel: 408.526.0606 Fax: 408.526.0609 Email: admin@scccpoa.org Website: SCCCPOA.ORG

Section 11.2 2nd Tier Retirement Upon agreement by more than fifty percent (50%) of Santa Clara County PERS Safety retirement members, the County and the CPOA agree that a new lower retirement tier with a benefit formula of 2% @ age 50 and final compensation based on the average of the three highest years compensation shall be implemented. Membership in the new 2nd tier shall only apply to employees hired after implementation of that 2nd tier. If the new 2nd tier is implemented during the term of this agreement, the County and CPOA shall meet and confer to determine the proper credit for this change and any corresponding reductions. Section 12- Legal Holidays 11.1 Specification of Holidays For Fiscal year 12, t The following shall be observed as legal holidays: f)

July 4

g)

First Monday in September

m) Other such holidays as may be designated by the Board of Supervisors. All previous informal holiday time off practices are eliminated and unauthorized. For Fiscal year 13, the County and CPOA agree that there shall be 5 five observed holidays with specific holidays to be determined by the parties prior to the calendar year 2012 “bump.” Section 28 - Term of Agreement This Agreement shall become effective only upon ratification by the Association and the Board of Supervisors from September 19, 2011 up to and including September 1, 2013, and from year to year thereafter; provided, however, that either party may serve written notice on the other at least sixty (60) days prior to September 1, 2011, or any subsequent September 1, of its desire to terminate this Agreement or amend any provision thereof. ______________________________________________________________________________ Mark one of the two choices with an “X”. I vote YES to accept the above proposed contract agreement. __________ I vote NO to the above proposed contract agreement. ________________ __________________________ Printed Name (Place Label Here)

_______________________ Signature

_____________ Date


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