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Sonoma County Public Defender Investigators’ Association (SCPDIA)
2019 - 2023 SCPDIAMemorandum of Understanding: Article 3: Definitions
3.1 Non-Application
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 Civil Service Commission.
3.2 Definitions
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Base Hourly Rate
The base hourly rate shall be the hourly rate corresponding to the salary step in the salary range to which the employee is assigned.
Bi-Weekly Pay Period
Fourteen (14) consecutive calendar days which begin on a Tuesday and end 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.
Calendar Year
January 1 through December 31
Compensatory Time
Time off with pay at the applicable hourly rate to which an employee is entitled, as provided for in this Memorandum, instead of cash compensation.
County
The County of Sonoma, any of its organizational unit or boards and commissions, as administratively determined by the County; may include department head, Board of Supervisors, Chief Administrative Officer or a supervisor.
Department Head
The Public Defender, or designee.
Domestic Partner
The term "domestic partner" as used in the MOU is based on the definition below:
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 a valid Declaration of Domestic Partnership per California Family Code Section 297 et. seq.
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 or the public it serves, but "emergency operations" shall not be construed to mean situations where the County knew in advance of non-emergency situations and could have reasonably planned for any work schedule change necessary to adequately cope with the situation.
Employee
Any person legally employed by the County and a member of the bargaining unit represented by the Association.
Employee Full-Time
An employee who is employed in an allocated position which is regularly scheduled for 80 hours of work in each pay period.
Employee Part-Time
An employee who is employed in an allocated position which requires work each pay period, but less than that required of a full-time employee.
Exempt Employee
An employee who is not covered by the provisions of the Fair Labor Standards Act (FLSA).
Extra Help Employees
As defined in the Civil Service Rules and not represented by this bargaining unit.
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 his/her own work schedule. Employees assigned to a flex-time work schedule will be eligible for overtime only when the hours worked exceed 80 in a pay period or as otherwise required by law.
Hours Worked
All time spent by the employee while the employee is engaged in duties or activities required by the County and pursued necessarily and primarily for the benefit of the County. For the non-exempt employee, hours worked shall also include all hours that the County knows or has reason to know that work is being performed.
Non-Exempt Employee
An employee designated by the County to be covered by the provisions of the Fair Labor Standards Act.
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.
Regular Rate of Pay
Defined in the Fair Labor Standards Act and used for computing statutory overtime for the non-exempt employee. It is calculated by taking the employee's base hourly rate times the number of hours worked in a given work period plus the total of all standby compensation and any special assignment premiums due to the employee in the work period divided by the number of hours worked in the work period.
Regular Work Period
The determination by the County of the fixed regularly recurring work period used for the determination of statutory overtime. For non-sworn, non-exempt employees the regular work period is seven consecutive days which currently begins at 12:01 a.m. Tuesday morning. For sworn, non-exempt employees the regular work period is currently 14 consecutive days which coincides with the County's bi-weekly pay period.
Regular Work Schedule
The determination by the County of an employee's specific work days, work weeks, work periods, and work shifts, established on a regular, ongoing basis.
Regular Work Day
A 24-hour period containing a specified number of hours of work and normally interrupted by a meal break.
Salary
Means only wages and premiums, but does not include benefits such as insurance, vehicle use, paid leaves, overtime, shift differential or other economic benefits.
Salary Scale
The salary level for any given classification. The salary scale shall consist of nine salary steps, each approximately 2-1/2% 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.
Statutory Overtime
Overtime that is required by FLSA. Currently, for the non-sworn, non-exempt employee it is all hours worked in excess of 40 in a regular 7 day work period. For the sworn, non-exempt employee, it is all hours worked in excess of 86 in a regular 14 day work period.
Unpaid Absence
Any paid or unpaid absence from work that has been approved by the employee's department head.
Work Shift
The hours which an employee is scheduled to work within a regular workday.
3.3 Fair Labor Standards Act Not Incorporated
The provisions of the Fair Labor Standards Act are not hereby incorporated into this contract by the mention of the statute.