2023 - 2026 ESC Memorandum of Understanding: Article 2: Definitions

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• Article 2: Definitions

Read Next: Article 3: Recognition

None of the following definitions are intended to apply in the administration of the County Employee’s Retirement Law of 1937 or to the County’s Civil Service Ordinance, nor the Rules of the Civil Service Commission.

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Appointing Authority

The board, commission, group of persons, officer or person having the power by lawfully delegated authority to make appointment to or removal from positions in the County service.

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Base Hourly Rate

The hourly rate corresponding to the salary step in the salary scale to which the employee is assigned.

Bi-Weekly Pay Period

Fourteen (14) consecutive calendar days which begins on a Tuesday and ends with the second Monday thereafter.

Break in Service

A break in employment from the County such as a termination or resignation. A break in service does not occur because an employee is on an unpaid status.

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Calendar Year

January 1 through December 31

Compensatory Time

Time off with pay at the base hourly rate to which an employee is entitled, as provided for in this Memorandum, instead of cash compensation.

County

The County of Sonoma, the Sonoma County Water Agency, any of its organizational units or boards and commissions, as administratively determined by the County; may include appointing authority, Board of Supervisors, Chief Administrative Officer or a supervisor.

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Domestic Partner

A “domestic partnership” shall exist between two persons, one of whom is an employee of the County, covered by this Memorandum of Understanding, and has valid declaration of Domestic Partnership per California Family Code Section 297 et. seq. Within 60 days of any changes to California family Code Section 297 et. seq., ESC may request to meet and confer over the impacts of said changes.  As of the adoption of the 2023-2026 MOU, California Family Code Section 297 reads:

(a) Domestic partners are two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring.

(b) A domestic partnership shall be established in California when both persons file a Declaration of Domestic Partnership with the Secretary of State pursuant to this division, and, at the time of filing, all of the following requirements are met:

(1) Neither person is married to someone else or is a member of another domestic partnership with someone else that has not been terminated, dissolved, or adjudged a nullity.

(2) The two persons are not related by blood in a way that would prevent them from being married to each other in this state.

(3) Both persons are at least 18 years of age, except as provided in Section 297.1.

(4) Both persons are capable of consenting to the domestic partnership.

This definition will not apply to domestic partnerships recognized by the County as of the adoption of the 2023-2026 MOU.

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Emergency Operations

The performance of County functions or services necessary, in the opinion of the County, to protect or preserve the lives, safety, health, or property of the County.

Employee

Any person legally employed by the County and a member of the bargaining unit represented by the Union.

Employee Full-Time

An employee who is employed in an allocated position which is regularly scheduled for eighty (80) hours of work in each pay period.

Employee Part-Time

An employee who is employed in an allocated position which is regularly scheduled for less than eighty (80) hours of work per pay period. Unless otherwise specified in the Memorandum, the term “part-time employee” shall include both employee 3/4 part-time and employee part-time.

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Flex-Time Work Schedule

A non-regular work schedule with or without a consistent pattern as to the number of work hours per day or week, but an arrangement whereby the employee is obligated to perform work and be responsible for flexing the hours of their own work schedule in accordance with written arrangements agreed to by the employee and the appointing authority. Employees assigned to a flex-time work schedule will be eligible for overtime only when the hours worked exceed eighty (80) in a pay period.

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In-service Hours

All hours in paid status excluding overtime.

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Paid Status

Whenever an employee is at work, absent on a paid holiday, absent on leave with pay, or absent on authorized compensatory time off.

Probationary Employee

An employee who is serving a probationary period as provided in the Civil Service Rules.

Probationary Period

A period which is used for the adjustment and evaluation of a newly appointed or reassigned employee as provided for in the Civil Service Rules.

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Regular Work Day

A 24-hour period beginning at 12:01 a.m., or as specified by the department and approved by ACTTC/Payroll containing a specified number of work hours (normally 8, 9, 10, or 12 consecutive hours of work) and normally interrupted by a meal break.

Regular Work Schedule

The determination by the County of an employee’s specific work days, work weeks, and work shifts, established on a regular, ongoing basis.

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Salary

Means only wages and premiums, but does not include benefits such as insurance, vehicle use, paid leaves or other economic benefits.

Salary Scale

The salary level for any given classification. The salary scale shall consist of nine (9) salary steps, each approximately two and one-half percent (2.5%) apart and identified with the letter “A” through “I.” Each salary scale shall be identified by a number that shall correspond with the cents per hour of the “A” step of that salary scale. Similarly, each step of the salary scale shall be expressed in cents per hour.

Split Work Day

A 24-hour period containing no more than 8, 9, or 10 non-consecutive hours of work.

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Work Shift

The hours which an employee is scheduled to work within a regular or split workday.

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