Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  16-000829

 

MEETING DATE:

07/12/16

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

Human Resource Services   (Approved)

Department contact person(s):

Brenda Diederichs (714) 834-2836 

 

 

Robert O'Brien (714) 834-4078

 

 

Subject:  Approve Side Letter Agreement with Orange County Attorneys Association

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: N/A

Current Year Cost: N/A

Annual Cost: N/A

 

 

 

    Staffing Impact:

No

# of Positions:

Sole Source: N/A

    Current Fiscal Year Revenue: N/A

  Funding Source: N/A

County Audit in last 3 years: No

 

 

    Prior Board Action: 5/12/2015 #41

 

RECOMMENDED ACTION(S):

 

Approve and adopt the attached Side Letter Agreement between the County of Orange and the Orange County Attorneys Association, included as Attachment A.

 

 

 

 

SUMMARY:

 

Approval and adoption of the Side Letter Agreement with the Orange County Attorneys Association will ratify the proposed amendment regarding terms and conditions of employment.

 

 

 

BACKGROUND INFORMATION:

 

The Orange County Attorneys Association (OCAA) is comprised of approximately 500 attorneys working in four County departments:  District Attorney, Public Defender, County Counsel and Child Support Services.

 

On May 12, 2015, the Board of Supervisors unanimously approved and adopted the 2015-2019 Memorandum of Understanding (“MOU”) between the County and OCAA.  A component of the new MOU was the Association’s agreement to discontinue the accumulation of Annual Leave and return to separate Sick Leave and Vacation balances effective July 2015.  In the months following the commencement of the new agreement between the parties, the County finalized and adopted changes to the Personnel and Salary Resolution (PSR) that resulted in a similar transition from Annual Leave back to Vacation and Sick Leave; albeit with modified language as to the accrual of vacation time.  Additionally, the current contract adopted between the County and the International Union of Operating Engineers (“IUOE”) reflects changes to the language on the accrual of vacation that is consistent with the process outlined in the December 8, 2015 PSR amendment.

 

In an effort to establish a level of uniformity and consistent application of the accrual of vacation leave across multiple levels of employees (i.e., non-management, management, executive) and bargaining units, and to address recruitment and retention concerns expressed by departments, staff met and conferred with representatives of OCAA to modify Article V (Vacation) of the 2015-2019 MOU within the parameters authorized by your Honorable Board.

 

The significant deal points of the Side Letter Agreement are as follows:

 

  •  

Effective the first full pay period following adoption by the Board, during the first three [3] years of employment, employees will accrue 0.0577 hours of vacation for each hour of pay (approximately three [3] weeks per year).  This time will be reflected upon completion of each pay period.  Under the current language employees earn 0.0193 for each hour of pay (approximately one [1] week per year) upon completion of each pay period.  The remaining hours (approximately 0.0384 for each hour of pay – approximately two [2] weeks per year) are placed in a separate “accumulator” bucket and available for use only when an employee has accumulated 2080, 4160, and 6240 regularly scheduled paid hours.

  •  

Similar to the provisions set forth in the Orange County Managers Association (“OCMA”) MOU and the 2015 amendment to the PSR, a new Subsection K was added to clarify the procedure for the cashing out of vacation time for those OCAA employees who have, or will have, reached the cap on accumulated vacation time, but still have a remaining balance of Annual Leave on their account.

 

 

 

FINANCIAL IMPACT:

 

N/A

 

STAFFING IMPACT:

 

N/A

 

 

ATTACHMENT(S):

 

Attachment A - Side Letter Agreement between the County and OCAA
Attachment B - Article V (Vacation) Red-lined version
Attachment C - Article V (Vacation) Clean version