Title
Approve a Side Letter Agreement between the Monterey County Deputy Sheriff’s Association (DSA) and the County of Monterey regarding the DSA Settlement Agreement.
(Moved to General Government via Supplemental)
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
Approve a Side Letter Agreement between the Monterey County Deputy Sheriff’s Association and the County of Monterey regarding the DSA Settlement Agreement.
SUMMARY/DISCUSSION:
The Deputy Sheriff’s Association (DSA) and County of Monterey entered into a Settlement Agreement filed on November 28, 2011, resolving the litigation known as Daniel J. Mitchell v. County of Monterey (Case Number 5:08-cv-01166-JW). In part, the Agreement stated that employees in the Sheriff’s Office were not being paid in compliance with Fair Labor Standards Act (FLSA). Sections 1 and 2 of the Terms portion of the Settlement Agreement calls for “special paid leave” to be provided to certain employees in accordance with the Agreement. Section 3 specifies that the leave must be used within the applicable year or it will be lost.
The term “special paid leave” is not defined in the current MOU, nor is that type of leave category programmed into the County’s payroll system. In order to ensure that “special paid leave” is calculated as productive time in determining overtime calculations, and to provide adequate time for the employees to utilize this leave bank prior to its expiration, the DSA and County have negotiated a side letter agreeing to the following:
1. Any Deputy Sheriff, Sheriff’s Sergeant, Correctional Sergeant, or Investigative Sergeant who utilizes “special paid leave” in accordance with the terms of the Settlement Agreement, shall have that time treated as “time actually worked” per the MOU Addendums for Unit A and B.
2. In recognition of the County’s delay in programming the “special paid leave” bank into the payroll system, employees eligible for the “special paid leave”, will have their...
Click here for full text