2023 - 2026 SCPA Memorandum of Understanding: Article 22: Full Understanding, Modifications and Waiver

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22.1 MOU – Full Understanding
22.2 Full and Unqualified Meet and Confer Waiver
22.3 Non-Precedent Setting
22.4 No Limit on Civil Service Commission Authority
22.5 Full Force and Effect

22.1 MOU – Full Understanding

This Memorandum is intended both as the final expression of the agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Memorandum. No amendment, alteration, understanding, variation, waiver or modification of any of the terms or provisions of this Memorandum shall in any manner be binding on the parties unless made and executed in writing between the parties and approved and implemented by the County’s Board of Supervisors.

22.2 Full and Unqualified Meet and Confer Waiver

Except as specifically provided in this Memorandum, the Association voluntarily and unqualifiedly waives its right to and releases the County, during the terms of this Memorandum, from any obligation to meet and confer on any subject or matter contained in this Memorandum or with respect to any subject or matter not specifically referred to, or covered in this Memorandum, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this agreement. In exchange for the terms and conditions expressed in this Memorandum, Association acknowledges that County has fulfilled its obligations under Government Code Section 3505 for the full term of this agreement.

22.3 Non-Precedent Setting

The failure of either party to this agreement to seek enforcement of any of the terms or conditions contained in this MOU shall not constitute a precedent in the future enforcement of any or all of the terms and provisions of this Memorandum.

22.4 No Limit on Civil Service Commission Authority

Nothing in this Memorandum shall be construed to limit or remove the existing or future jurisdiction or authority of the Civil Service Commission as provided in Ordinance No. 305-A as amended, or as provided in the rules adopted thereunder.

22.5 Full Force and Effect

The County and the Association agree that any policy, procedure, rule, regulation, benefit, or form of compensation including salary that is changed or modified by the terms and conditions of this Memorandum is repealed in its entirety, and that this Memorandum is in full force and effect on the date that the Board of Supervisors implements it.