Tulare County Superior Court 10.1.15-10.31.17

Service Employees
International Union CTW-CLC
Local 521
Tulare County Superior Court
General, Professional and Court Reporter Unit
TUI.ARE COUNTY SUPERIOR COURT
Memorandum of Undetstanding
Between
Tulare County Superiot Court
and
Service Ernployee Intemational Union
SEIU LOCAL 521
Genetal, Ptofessional and
Coutt Repotter Unit
Octobet 1,2015
TABLE OF CONTENTS
ARTICLE I _ PREAMBLE
I
ARTICLE II _ RECOGNITION
'1,
ARTICLE III
I
- NON-DISCRIMINATION
I
ARTICLE IV _ MANAGEMENT RIGHTS
3
5.1
5.2
5.3
Union Representation
3
DuesDeductionandIndemnification..............
5
Union Reptesentatives
3
3
5.6
Bulletin Boards
5.7
5.8
Insutance and Benefits
4
Deduction...
.........4
List of Members
4
Ptocedure...
No Rights Restricted by MOU.....
ARTICLE VI - COMPENSATION - Court Reporter Unit.............
6.1. Court Realtime Capabilities....................
6.2 Court Decertihcation of Realtime Capability....
5.9
5.10
Grievance/Complaint
...........4
.............9
...........................9
..........................9
..........10
6.3
6.4
Realtime Cetification Pay
10
Fee fot Technology Services
10
7.2
Wotk Assignment
'1,1
ARTICLE VIII _ EMPLOYEE BENEFITS
8.1
8.2
8.3
8.4
8.5
1,1
Contdbution Towards Cost of BeneFrts
7l
Vacation Eligibity and Accrual
72
Unit
in lieu of sick leave.....
Management Leave
Use of Vacation
-
Professional
Ptofessional License and Continuing Education
8.6
Continuing Education
-
Coutt Reporter
8.7
Internet/Email,A.ccess
-
Coutt Repoter Unit
8.8
Floating Holiday
......................13
........................13
-
Professional Unit
Unit.............
13
.....................'1.,3
14
14
ARTICLE lX
-
Labot /Management Committee
74
ARTTCLE X _ DISCPLINE PROCESS
15
15
70.2 Employee Conduct......
t9
ARTICLE ARTICLE XI - MISCELT-ANEOUS PROVISIONS
.20
71.1
77.2
No Stdke ot Lockout
.20
FundingContingency
.20
77.3
Severability
.20
71..4
Whole Agreement
.20
ARTTCLE XII _ TERM OF MOU
.21,
Side Letter Agteements/Exhibits:
Unit.............
A.
Exhibit A
B.
Side Lettet Agreement fot Cout Investigator Safety Guidelines and Labor
Management Meeting.....
-
Classifications in the Genenl
1l
..........................23
.............25
ARTICLE I - PREAMBLE
Putsuant to the ptovisions of the Trial Coutt Employment Protection and
Governance Act, Government Code secd.on 77600 et. seq., and the Coutt Petsonnel
Manual, tepresentatives of the Tulare County Superiot Coutt, heteinafter called
"Court," and the Service Employees Intemational Union, SEIU Local52T,hereaftet
called "IJnion," have met and conferred conceming the subject of wages, hours and
the terms and conditions of employment fot employees in the Professional Unit,
Genetal Unit and Cowt Reportets Unit of representation. This Memorandum of
Undetstanding (IVÍOU) represents the good faith effort of both the Court and the
Union to teach agreement on these matters. The sþatures at the end of this MOU
on behalf of the Coutt and the Union ate conclusive evidence that both parties have
ratified this MOU.
ARTICLE II
- RECOGNITION
The Court hereby tecognizes the Union zs a tecognized employee otganizalon fot
the putposes of the Trial Coutt Employment Ptotection and Govern¿nce Act,
Government Code section 71600 and following, and the Coutt's
Employer/Employee Relations Policy. Such tecognition shall extend to
representad.on of the employees in the Genetal, Professional and Court Repotter
Unit. The classifications in the Ptofessional Unit are Court Attorney, Child Custody
Recotnmending Counselot, and Coutt Investigatot. The Classifications in the Coutt
Reportet Unit are Realtime Coutt Reporter and Coutt Reportet Cootdinator. Court
Reportet positions are FLSA classified âs non-exempt, and therefote qualify for
overtime, as described in Section 3 of the Petsonnel Manual. The classifications in
the General Unit are listed in Exhibit A, attached hereto.
The Union shall have the exclusive right to meet and confer with the Court on
wâges, benefits and the terms and conditions of employment fot the employees in
tlre General, Professional and Coutt Repottet Unit.
ARTICLE III
- NON.DISCRIMINATION
The Court shall not discriminate against ânyone employed or appþing fot
employment because of their membetship in the Union or their activities on behalf
of the Union. Neither the Court not the Union shall intetfere with, intimidate,
restrain, coerce or discriminate against any employee because of the exercise of aty
rights protected by Govemment Code section 71635.1.
ARTICLE IV
- MANAGEMENT
RIGHTS
Except as otherwise expressly ptovided in this MOU, the Coutt has and retains the
sole and exclusive rights and tesponsibilities of management including, but not
limited to, all of the following:
a.
To determine the nature and extent of services to be petfotmed ot
provided and determine and implement the level of setvice to the
public.
I
b.
To manage all Cout facilities and opetations, including the methods,
means and personnel by which Court opetations are to be
conducted.
c.
To schedule wotking houts and assþ wotk.
d.
To establish, modi$r ot change wotk schedules ot standatds.
e.
To rlirect the working forces, including the right to hire, assþ,
reassþ, promote, demote or transfer any employee.
f.
To determine the location of all Coutt facilities.
g.
To determine the layout of offi.ces, work
andmatenzls to be used.
h.
To determine processes, techniques, methods and means of all
operations, including changes or adjustment to equipment and
materials and the procedures and standards of selection fot
areâs and the equipment
employment.
1
To determine the size and composition of the work fotce.
I
To establish, assess and implement employee performance
standards.
k.
To teassþ work from one job to anothet or ftom one location to
another.
l.
To layoff employees for lack of work ot lack of funds or other
legitimate reâson.
m.
To discþline and dismiss employees
n.
To establish, modi$, ot eliminate job classifications; create new
classifications and, subject to âny obligation to meet and confet,
detetmine the salary rânge.
o.
To promulgate, modi$r and enforce work and safety rules and
regulations.
p.
To temporadly futlough employees without pay for budgetary
teasons
q
To take such othet and further action âs mây be necessary to
organtze and operate the Court in the most efficient and economical
2
manner and in the best intetest of the public it serves.
c
rty out its mission in emetgencies.
f.
Take all necessâry acdons to
S.
Exercise complete conftol and discretion over its orgatization and
the technology it uses to pedorm its work.
The Coutt will conform to the standatds of conduct expected of public employers
and will refuain ftom activities that violate fedetal, stâte, or county law, or the Coutt's
Employer/Employee Relations Policy.
ARTICLEV-UNIONRIGHTS
5.1
Union Reptesentation
The Court recognizes and shall cooperate with the desþated stewards and
representatives of the Union on all matters telating to grievances and the
interpretation, applicâtion or enforcement of the tetms of this MOU.
5.2
Dues Deduction and Indemnification
During the term of this MOU, the Coutt shall deduct by paytoll deduction and temit
to the Union allauthonzed deductions ftom employees who have sþed an
approved authonza¡on card(s) fot such deductions.
The Union shall indemnifr, defend and hold harmless the Court and its officers and
lawsuit or proceeding, including a
employees against claims of any nature
^îd ^îy
grievance, instituted against the Cout made or adsing out of the payroll deduction of
Union dues ot fees.
5.3
Union Reptesentatives
Authorized teptesentatives of the Union shall be permitted to entet Coutt facilities at
teasonable times to tna;fls ct Union business and observe conditions undet which
employees are employed after teasonable advance notice of such visitation is made to
the Coutt's Human Resoutces Manager. Union tepresentatives shall not interfete
with Coutt operations ot interupt employees at wotk and such right of entry shall be
subject to the genetal rules applicable to non-employees, including security.
Union representadves shall be allowed access to materials in personnel files that are
related to an alleged conüact violation ot discþlinaty m^ttef aftet the employee's
written consent is ptesented to the Court's Human Resoutces office.
5.4
Shop Stewards
The Union shall have the right to desþate not more than five shop stewards for the
Genetal Unit, one fot the Professional Unit, one fot the Court Repotter Unit and
shall noti$r the Court of who these individuals are.
3
A reasonable amount of time will be granted to the employee and the stewatd to
handle initial grievance and appeal procedures. Upon aru¡honzadon of the immediate
supervisor, a steward shall be teleased to perform the duties specified in this secdon.
5.5
Release Time
The President or Vice President or other officers or ditectots of the Union may,
upon written request, be gmnted paid telease time not to exceed a total of 25 hours
annually for the purpose of transacting official Union business. Reasonable advance
notice shall fitst be given to the Court's Fluman Resources Managet so that telease
time may be arranged without impairing Court operations.
No mote than fout (4) membets of the Genetal, nvo (2) fot Ptofessional, and two
Q) for the Court Repottet Unit bargaining team shall be gtanted paid release time to
attend negotiating sessions if they are scheduled to wotk when those sessions are
scheduled to occut.
5.6
Bulletin Boards
The Union shall have the right to use desþated bulletin board space in each faätty
for cornmunicating official tegulat Union business to employees. Matedal conceming
matters over which the Coutt and the Union are in dispute, argumentadve, libelous,
obscene or editodal matedals mây not be posted. A copy of any materials to be
posted shall be ptovided to the Cout Execudve Officer befote posting.
5.7
Insurance and Benefits Deduction
The Coutt shall honot employee tequests fot paytoll deduction fot benefits ptovided
by the Union, including but not limited to, Union insurance, travel discounts and
special sewices.
5.8
List of Membets
The Coutt shall ptovide the Union with a list of all employees in the Genetal,
Ptofessional and Coutt Reporter Unit quarterþ. The list shall include the employee's
name, identification number, class and job location. The Union shall have the right
to meet u¡ith all new employees in positions that are in the Genetal, Ptofessional and
Coutt Repottet Unit dudng the orientation process and may distribute information
about the Union and Union membetship applications.
5.9
Grievance/Complaint Procedute
A) This ptocedue shall be used to process and resolve gtievances atising undet this
MOU or complaints regarding the application of a rule or policy not covered by this
MOU, in a just, equitable and expeditious manner. The employer shall not
discriminate, coerce, testrain or tetaliate against any employee or employees who
parncipate in this ptocedue.
B)
The puq)oses of this procedure ate:
4
7.
2.
C)
To resolve grievances and complaints informalTy at the lowest possible level.
To provide an otderþ procedure fot reviewing and tesolving gdevances and
complaints promptly.
Definitions
1.
^re ^s
follows
W"hetever used, the term "employee" meâns either employee ot employees,
as
apptopriate.
2.
rWhetevet used, the term "grievant" means employee, gtoup of ernployees, or
the Union acting on behalf of an employee or goup of employees.
3.
As used in this procedure, the tetm "immediate supervisor" means the
individual identified by the CEO ot desþee.
4.
A grievance is a dispute between the grievant and the Employer with respect
to the interpretation ot applicadon of, or compliance with, the express
ptovisions of this MOU.
5.
A complaint is a dispute of one or more employees, ot the Union acting on
behalf of one or more employees, tegatding the application or intetptetation
of a rule ot policy not coveted by this MOU. Complaints shall only be
processed as far as Step 2 of the GnevancefComplaint procedure.
6.
"Business day" means a calendat day, exclusive of Saturdays, Sundays, and
court holidays.
7.
A "union representative" refers to an employee desþated as a steward, a
Union staff representative ot aîy othet petson desþated by the Union, who
shall act in the capacity of a steward.
8.
A gdevance shall not be used to review Court administrative ptocedutes,
examinad.ons or tests, disciplinary actions or performance evaluadons.
D) TIME LIMITS
7.
None of the parties shall delay the ptocessrngof.a grievance or complaint at
âny step of the established ptocedute.
2. If the Court fails to respond to a gdevance or complaint
within the time
limits specified at that step, the gtievant ot complainant shall have the right
to appeal to the next step, if applicable.
3.
Failure by the grievant ot complainânt to respond v/ithin the time limits
specified at any step shall settle the gdevance or complaint-on the basis of
the last decision and the gdevance or complaint shall not be subiect to
frrrther appeal ot reconsideration.
5
4.
Any level of review, ot dme limits established in this procedure, may be
waived or extended by mutual agteement of the parties and shall be
confrrmed in writing.
5.
By mutual written agreement, the gdevance m^y revett to a prior level for
teconsidetation.
E)
EMPLOYEE RIGHTS
7.
Employees have the right to represent themselves at each step of the
gdevance ot complaint procedwe. Ooly the Union shall have the right to
move grievances to arbitration.
2.
The employee has the right to the assistance of a tepresentadve in the
prepatation and investigation of his or her complaint or formal written
gtievance, and in the presentation of the complaint or gdevance to
mânâgement, and to be represented by the Union in fotmal grievance
meetings.
F)
3.
An employee may present his or her gdevance ot complaint to Court
Management on Coutt time if they are scheduled to work on that day.
Gdevance or complaint meetings will be scheduled where possible for a day
that the employee is scheduled to wotk.
4.
The Union shall teceive â copy of a settlement agreement that involves the
interpretation or application of the teffis of this agreement when a gnevant
is not tepresented by the Union.
5.
Employees who are witrresses in a fotmal grievance meeting may attend the
fotmal gdevance meeting on paid Court time.
INFORMAL CONFERENCE
7.
The employee shall discuss any potential gtievance ot complaint urith his ot
her immediate supervisor within ftve (5) business days after the occurence
or discovery of the alleged grievance or complaint_to attempt to resolve the
matter in an informal mannet.
2.
The immediate supervisor will, upon tequest of the employee, discuss the
employee's grievance ot complaint with the employee Lt mutually
^
satisfactory time.
3.
The employee may elect to have a Union reptesentadve attend such meeting.
4.
The immediate supervisor shall respond to the employee within ten (10)
business days after the initial meeting.
5.
Any infotmal resolution of a dispute at this step shall not set a ptecedent.
6
6.
G)
Particþation in this informal step shall not extend the deadline fot filing
fotmal gdevance.
FORM,{L WRITTEN GRTEVANCE OR COMpr-ArNT
-
STEP
a
1
1.
No latet than ten (10) business days aftet the occrÍrence ot discovery of the
mattet on which the gdevance or complaint is based, ân employee, group of
employees, ot the Union acting on behalf of one or more employees may file
a fotmù written grievance.
2.
A formal grievance
shall be initiated in writing on a form ptovided by the
Court and shall be filed with the Coutt Fluman Resoutces Office. The
employee shall tetain copy. The gdevance fotm shall contain the following
^
information:
")
b)
.)
d)
Ð
Ð
g)
h)
The name (s) of the complainânts or grievant(s) and tepresentadve, if
applicable;
The specific Coutt rule, Court policy or provision of the MOU alleged to
have been violated;
The date, time and place of occrürence;
Brief summary of the gdevance;
Steps that were taken to secure informal resoludon;
The temedy requested;
Sþature of the gdevant(s) and the date filed; and
The addtess (es) to which all correspondence and responses should be
sent.
3.
'üøithin ten (10) business days of the teceipt of the grievance, the desþated
Coutt management representative will meet with the complainant(s) or
grievant(s) and the Union representative, íf any. nøithin ten (10) business
days following such a meeting, the Cout mânagement tepresentâtive shall
respond in writing to the complaint or grievance.
4.
No settlement made at this stage of the Grievance/Complaint procedure
shall be consideted ptecedent setting.
5.
H).
1.
2.
Grievances or complaints filed by the Union on behalf of one ot mote
employees u¡ill be initiated at Formal \üritten GievancefComplaint-Step
FORMAI WRITTEN GRIEVANCE OR COMPI-AINT
-
1
Step 2
'ùøithin ten (10) business days after receipt of the decision at Step 1, the
gdevant or complain^ntmary appeal to the CEO or desþee, using a copy
the gtievance or complaint.
'ùøithin ten (10) business days ftom the date the submitted grievance or
complaint appeal to Step 2 is teceived, the CEO ot desþee, who has not
been involved in the grievance or complâint
aîy pdor level, shall meet
^t
7
of
with the gdevant or complâinant and Union reptesentadve,lf any, to discuss
the gdevance or complaint. Thereaftet, the CEO ot desþee will provide a
written decision not more than ten (10) business days following such
gtievance ot complaint-appeal meeting.
3. If the CEO or desþee fails to provide
a written decision to a grievance
limit,
the
Union
may elect to tefet the unresolved
within the specified time
gdevance to arbitration. If the CEO fails to provide a written decision to a
complaint within the specified time limit, the complainant or the Union may
submit copy of the complaint to the Human Resources Manager, with a
^
copy to the CEO, with a request for ¿ written response:
4.
No settlement made at this stage of the Grievancef Complaint ptocedure
shall be consideted precedent setting.
Ð. ,A.RBITRATION -
7.
Step 3
!øithin fifteen (1 5) business days from receþt of the written decision of the
CEO or desþee, the Union shall have the right to submit an unresolved
grievance to atbitration. The Union's tequest fot atbitation shall be made in
writing to the CEO ot desþee.
2. If no written request
for arbitatton is made within fifteen (15) business days,
the decision of the CEO or desþee shall be final and binding. If the CEO
ot desþee fails to tespond to a grievance in writing at Step 2,the Union
shall have fifteen (15) days ftom the date the decision was due to request
arbitation. In either câse, â failure to timely request arbitration shall be
deemed a waiver of the right to arbitation.
3.
'ùøithirr fifteen (15) business days after receipt of a timely written request for
arbittation, the CEO or desþee shall request the names of seven (7)
avaÃable arbitrators ftom the State Mediation and Conciliation Service
(SMCS) or the Fedetal Mediation Conciliation Service (FMCS) be sent to
both paties. Upon receþt of the list of available arbitrator names, the
parties will select an arbittztot using strike-off procedute. The party stdking
fìrst shall be selected by coin toss.
4.
The fees and expenses associated with the atbitatot, the official transcript of
the arbitation ptoceeding, and the court reporter shall be shated equally by
the parties. All other expenses, including but not limited to, fees for
witnesses, transcrþts and similat costs incutred by the patties during such
arbitradon, will be the tesponsibility of the individual paty involved.
5.
Upon mutual agreement of the pardes,
held.
8
a
pre-arbitation meeting may be
6.
7
.
8.
Both parties shall jointly considet whethet the type of case involved lends
itself to mediation. If through mediation, the patties can reach a mutually
accepøble disposition of the gdevance then the matter is deemed resolved.
the mediation process does not tesult in an acceptable resolution to both
parties, the case may be submitted to arbitration.
If
The wdtten decision of. an arbiaatot resulting ftom any arbiltanon of a
grievance shall not add to, subtract ftom, or otherwise modi$r the terms and
conditions of this MOU.
The wtitten decision of a¡ arbittator resulting from any atbittation ot
grievance shall be final and binding.
5.10 No Rights Restricted
by MOU
This MOU is not intended to restrict the right of the Court or the Union to consult on
matteÍs u/ithin the patties' tespective rights.
ARTICLE \rI
- COMPENSATION
A. Beginning the first frrll pay period
following Octobet 7,2075, employees will
receive a 4.0o/o salary
the MOU is tatified late¡ than October 4,2075,
this salary increase u¡ill take effect on the first fr¡ll pay period coveted by this
MOU that begins five (5) business days aftet ratification.
inctease. If
B. Beginning the first fr.rll pay pedod
following October 7,2076, employees will
teceive a 3.0o/o salzry inctease.
6.1
Court Realtime Capabilities
-
Court Reportet Unit
Required Skills and Equipment fot Realtime Compensation
In otdet to qualiSr fot Realtime compensad.on, a Court Repottet shall:
o
Be cetified as Realtime capable;
o
Be able to send data to a judicial officer utilizing Caseview or Livenote;
o
Possess proper equipment for hook-up and connection
officer (e.g. cables and connectots, etc.);
o
Have petsonal knowledge of proper hook-up ptocedutes and the ability
to demonsftate arld operate Realtime procedures; and
9
to a judicial
o
6.2
Provide Realtime services upon request.
Court Decertification of Realtime Capability
-
Court Reporter Unit
At
any time a Realtime Coutt Reporter is no longer successfully demonsftating the tequfued
capabilities, andf or àccrrra'cy is below acceptable level, the court may conduct testing to
determine if Realtime capability should be rescinded and the Court Repottet compensadon
reverted to Non Realtime Court Reportet rate. The Court agrees to provide testing for
Realtime capable twice a year fot any Coutt Repottet who has been decertifred Realtime
capable.
6.3
Realtime Certification Pay
-
Coutt Repotet Unit
a) Court
Reporters who successfully attain National Realtime Court Repottet
Certification Q.JCRA) shall receive a Realtime Cetification Compensation of 2o/o
beginning the 1st pay period following submission to the court of proof of said
National Certification. Realtime Cetification compensation is in addition to any
othet Realtime Compensation provided by the court.
b)
Achievement of NCRA certification will not be consideted fot seniodty puq)oses
during alayoff and is solely used to determine additional compensad.on.
6.4
Fee fot Technological Services
-
Court Reportet Unit
Putsuant to Govemment Code Section 69952, "W"hen the daily transcript is ptepated by a
single reporter, an additional fee for technological sewices, as set by the coutt with the
agteement of the reporter, may be imposed."
Pursuant to this âgreement, the fee fot technological services pursuânt to Govemment
Code Sectiott 69952 shall be $125.00 per day.
ARTICLE \III
- HOURS
OF WORK SCHEDULES
- Court Reportet Unit
Definition
This section is intended to define the normal hours of work for purposes of computing
compensation only and shall not be construed a"s à gtrairarttee of hours of wotk pet day, per
week days or work period.
7.1 Wotk Day/Wotk Period
The standard work period is seven (7) consecutive days including (2) consecutive days of
rest. This work petiod shall be forty (40) hours. The standatd work periods shall apply to
both fi.ilItime and pat time employees. Flexibility in work schedules is permitted as long as
the schedule does not intetfere with the business of the Coutt. In addition to the eight-hour
workday for which employees ate paid, the standatd lunch period is one hout, which is
unpaid.
10
7.2 Wotk Assignment
Each employee shall devote all of his or her time and efforts, during assþed work houts, to
assþed Court Repotter duties. To covet temporâ1T shottages, Court Repotters may be
assþed to any Coutt Reporter wotk location. Coutt Reportets ate tequfued to report to
their supervisor upon completion of theit courtroom assignments so that the supervisor or
desþee is awate of their avzrlabthty for teassignments. Standing agreements with the
supervisot can fulfill this requirement. This is to ensute adequate coverage and minimize pet
diem coutt reporter costs.
The prepatation of Coutt úanscripts during tegular working houts on Court time is
contingent upon the Court Reporter remaining avatlable for assignments fot the tepoting
Coutt ptoceedings.
of
The Supervisor may authorize flexibility in daily work schedules for employees in the CR
Unit based on Court necessity and consistent with the 4O-hour wotkweek.
7.3 Bteak times
Break times are provided u¡ithifr working hours.
It is the policy to provide 15 minutes in
mid-moming and 15 minutes mid-afternoon. This time may not be combined and used to
inctease the lunch pedod or shotten the eight-hout wotkday. In addition, this may not be
accumulated for use beyond each wotkday. Break times shall fall as close to mid-moming
and midafternoon as possible, consistent with wotkload and coutt opetations.
ARTICLE VIII - EMPLOYEE BENEFITS
8.1 Employer Contribution Towatds Benefit Ptemiums
Employees who enroll in the Coutt-sponsoted benefit ptogtam shall be eligible to teceive
monthly employer contributions toward medical, dental and vision benefits as follows in
Exhibit A. OJOTE: Exhibit A covets the tates fot the 2076 calendaîyezt. Â ptevious
Exhibit A, which still operates through the temaindet of the 2075 calendarye r, was agteed
to by the parties in the side lettet sþed on Novembet 10, 2014.)
Exhibit 42016
11
MONTHLY
BIWEEKTY
MEECAL
MEÐCAL
Employee Employee +
$20 Copay
$10 Copay
1
$380 50
$707 37
$987.04
Employoe
Premium
$0.00
$380 50
10.00
s707 37
s0.00
$987 04
Court
$356 69
s659.85
Employee
$0.00
$356 69
1o.00
$659.85
9925 26
s0.00
$925 26
Prem¡um
DENTAL
$20
Copay
Court
Employee
Premium
$10 Copay
Court
Employee
Prem¡um
$824.41
10.00
$824 41
64
i0.00
$1,s32 64
$'t,532
ç772U $1,429 68
$o.00 $0.00
$772U $1,429 68
$2,138 58
10.00
S2,'r38 58
$2,004.73
$0.00
$2,004 73
DENTAL
Employee Employee + I
Court
Oelta Câre
USA HMO
$10 41
$17 19
$25
¡10
¡0.00
lo.oo
lo.oo
Premium
$10 41
$17 19
$25 40
Delta Dental Court
PPO (Fee Employoe
62'1 24
$38 05
$63 02
to.oo
lo.oo
¡0.00
ForSen¡ce)
$21.24
$38 05
$63 02
Prem¡um
Employee Employee +
Family
Employeo
vtstoN
Delta Care
USA HMO
Court
Employee
Premium
Delta Denlal Court
PPO (Fee Employêe
ForSenice) Premium
55
$0.00
s22 55
S37 25
03
10.00
$46 03
$82.45
$0.00
$82 45
$22
$46
I
837 25
$0.00
Family
$55 03
$o.oo
$5s.03
s1
36 55
¡0.00
$1
36 55
vtstoN
Employee Employe€ + I
VSP
Employee Employee+1 Family
Family
Court
Court
05 17
t9 08
Fam¡ly
s12 39
Employee
Premium
fo.00
t0.00
lo.oo
$5 17
$9 08
$12 39
VSP
Court
Employee
Premium
Employee Employee + I
$1f 20
019.68
t0.00
$11 20
10.00
$19 68
Family
$26.U
$0.00
$26 84
This amount will be adjusted if the total plan ptemium is less than the total amount
indicated. Should the ptemium be less than the Coutt contdbution, the amount will be
adjusted to cover the ptemium amount only.
Employees initially hired by the Court on or before September 30,2006 who participate in
the Court-sponsored medical benefit plan will teceive an additional $3500.00 ânnuâlly
prorated by p^y period effective Octobet 7,2006, or upon rad:ftcad.on, whichevet occurs
later. After Decembet 31,2006, to condnue to receive this benefit, employees must remain
continuously enrolled in the Cout sponsoted medical benefit plan.
Employees itritirlly hired by the Coutt on or before Septembet 30,2006 who, as of Octobet
7,2006 or upon tatification, whichevet occurs late4are in opt out status fot the Couttsponsored benefit plan will receive $7000.00 annuaþ, ptotated by p^y period. After.Jznuary
7,2007, such employees must remain continuously in opt out status for the Court-sponsoted
medical benefit plan in otder to continue to receive this benefit.
Employees hired by the Court on or aftet Octobet 7,2006 who opt out of the Coutsponsoted benefit program will receive $3500.00 annuaþ, ptotated by p^y period.
Employees who entet into opt out status for the Court-sponsored medical benefrt plan
effective January 7,2077 ot thereaftet will teceive $125.00 pet month effective Janaary 7,
2011. Such employee must temain condnuously in opt out status for the Court-sponsored
medical benefit plan in otdet to teceive this benefit.
8.2
Vacation Eligibility and Accrual
All regular full and part-time employees b"gr earning vacation benefits on the date of
hire. New employees nray earn, but cannot use, vacation before thirteen (13) pay
pedods of continuous service without the approval of the Court Executive Officer.
t2
Part-time and limited term employees who work less than twenty (20) hours per week
do not earn vacation benefits.
Vacation is eamed in accordance with the following chart:
Pay Pedods of
Condnuous Serr¡ice
Days Pet Year
0-3
7 -78
17
4-7
79 - 782
16
8-11
183-286
20
Over 72
More than 286
25
Years of
Continuous
Eaming Rate
Service
x On the fitst day of the 4ù year, the employee begins to accrue 16 days of vacad.on. On the fust
day of the 8th yeat, the employee begins to accrue 20 days of vacation. On the first day of the
twelfth yeat, the employee begins to âccrue 25 days of vacation.
8.3
Management Leave - Professional Unit
Each attorney in the Professional Unit shall teceive 40 hours of Management Leave, in
addition to all othet paid leave annually. Effective Jrly 1, 2014, these additional hours of
ManagementLeave shall accrue proportionally throughout twerity-six (26) pay periods over
the course of a yea4 ra;ther than being immediately deposited in a lump sum.
8.4
Use of Vacation in lieu of sick leave
An employee who has exhausted all sick leave benefit hours mây use ava:lable vacation
benefit time to cover an absence due to illness. The employee shall provide a cettification
from a health care ptovidet which states the employee was seen by the health care provider,
the date seen and the employee was unable to work that day. Said tequest to use vacad.on
hours shall be approved only for ân occurrefrce whete an employee does not have adequate
sick leave benefit houts to cover an absence.
8.5 Ptofessional Licenses and Continuing Education - Professional Unit
The Court shall pay the cost of all professional licenses that ate required in ordet fot the
employee to remain qualified for their job. The Coutt shall reimburse the employee fot the
trrition and tegistrad.on cost of continuing education credits thatate required by statute.
Reimbursement fot travel, lodging and meal expenses, if any, incwted to attend continuing
educadon classes shall be made in accotdance with the policies in the Petsonnel Manual.
8.6
Continuing Education-Court Reporters Unit
t3
IØith priot written approval from the Cowt Execudve Officet ot his/her designee,
employees u¡ithirr the CR batgaining unit may attend continuing educadon programs in otdet
to maintain their NCR
\
status. Such release time shall be consideted paid time off.
8.7 Internet/Email Access-Cout Reporters Unit
Intemet and Email âccess shall be made available to employees in the Coutt Reportet
batgaining unit punuant to Court Policies. Access shall be attained tltough coutt
technology resorúces tha;tate within the sole discredon of the Coutt.
8.8 Floating Holiday
Consistent urith the holiday eligtbility tequirements set forth in Section 7.2 of the Coutt's
Personnel Manual, all regulat full- and patt-time employees ate entitled to take two (2) paid
days
off
as floating holidays.
The two (2) floating holidays will be avatlable to employees beginning the first pay pedod in
October 2015 (October 4,2075), and thereafter on the first pay pedod in October 2016. If
the MOU is not ratified on or befote Septembet 30,2075, the floating holidays will be
avatlable to employees the fust frrll pay period following MOU ratification.
Scheduling of the floating holidays will take place consistent with the Court's vacation
apptoval and scheduling policy 7 .1.3. If one or more of the floating holidays are not taken
within the year that they are ptovided by the Court, they will be forfeited. Fot example, if
the two floating holidays provided in Octobet 2075 arc not used by September 30,2076,
they will be forfeited. The two floating holidays ptovided in October 2016 must be used by
the end of this MOU term on Octobet 37,2077.
The floating holidays are not payable upon separation of employment.
The floating holidays must be taken in a frrll-day increment fot full-time employees; for parttime employees, the holidays must be taken on a pto-na;t^ basis tepresenting the employee's
regulat time base.
ARTICLE IX - Labot/Management
Committee
The Court and Union shall establish aLabo{Management Committee consisting of not
more than a total of two (2) members representing the Union ftom all batgaining units
collectively, one (1) Management/Confidential employee, and the CEO ot his/het desþee.
At the request of either pafty, Management or Union tepresentadves mây schedule a
quarterþ meeting fot the purpose of facilitating an open dialogue and the sharing of matters
of mutual interest. The parties may meet mote often upon mutual agteement of both
parties. The party requesting such meeting will provide the other with a list of subjects to be
discussed at least ten (10) days in advance of the meeting. Such meetings shall not pteclude
periodic informal meetings mutuâlly agteed upon between the patdes, and shall be without
prejudice to the rights of either p^fiy to meet and confer on matters within the scope of
representation.
l4
ARTICLE X - DISCPLINE PROCESS
10.1
Discipline Rules
When an employee engages in misconduct or when an employeets iob perfotmance
is unsatisfactory disciplinary ptocedures may be initiated.
The possible disciplinary actions thatmay be taken against an employee include written
reprimand, suspension without pay, demotion, and dismissal. A notation ot copy of all
disciplinary actions will be placed in the employees'petsonnel file.
The Coutt has established a process for conducting an evidentiary due ptocess hearing to
review disciplinary decisions that require an evidentiary due process hearing pursuant to
Govetnment Code secdon 71653.
Grounds for Discipline
Employees may be discþlined for poot job performarìce, unsatisfactory work quality,
inapptopriate conduct, excessive absenteeism ot tatdiness, failwe to follow Court
procedutes, failute to follow safety regulations, ot violation of any Court policy or arry
reâson set foth in secdon 10.2 of this MOU.
Disciplinary Actions
Types of discþlinary acioninclude the following:
(")
Written Reprimand: The supervisor may give the employee a written disciplinary
waming. If the circumstances that led to the written waming âre not resolved within a
reasonable time, the supervisor may take othet discþt^^ry acdon. ,{. copy of the teprimand
and the employee's resporrse, tf. any, will be placed in the employee's petsonnel file.
(b)
Suspension ìTithout Pay: Fot circumstances that warrant discþline mote severe than
written reprimand, an employee may be suspended urithout pzy. A suspension without pay
is subject to the employee's due ptocess rights as described in this secdon.
a
G) Demotion: A demotion is a reduction in or loss of seniority ot a teassignment ot
üansfet to a position that results in a loss in or teduction of compensation. A demotion may
be ordered by the Court Executive Officet undet circumstances that watant discþline othet
tha¡ a written reprimand ot suspension. A demotion is subject to the employee's due
process rights as set forth in section this section.
(d) Dismissal Upon authonzaion of the Coutt Executive Officet, an employee may be
dismissed from the Coutt's employment. Dismissal is subject to the employee's due ptocess
rights as set forth in this section.
The Court shall use progtessive discþline whenevet the Coutt determines, in the Court's
discretion, thât progressive discipline will sewe the dual putpose of corecting unsatisfactory
l5
performânce or behavior and discþlining an employee. The Coutt may begin discþline at
any level, in the Court's disctetion, and is not lequired to impose discipline at zny level or in
any sequence. Progtessive discþline is not tequked when the Court believes, in the Coutt's
discredon, that dismissal of the employee is appropriate.
Administrative Leave
Under apptopriate circumstances as determined by the Couft, an employee may be placed
on administtative leave, with pay. Adminisftadve leave is not discþlinary and, by itself,
carries no disciplinary stigma. Administtadve leave is not subject to due plocess rights. The
teffis and conditions of administrative leave shall be determined on z case-by-case basis by
the Court.
Minot Discipline
Wdtten Repdmand
Within ten calendat days of the date tn employee receives a written reprimand, he ot she
may submit a written response to Human Resoutces. The response will be attached to the
reprimand and maintained in the employee's personnel file.
Suspension Without Pay for Five Days ot Less
If the Coutt suspends an employee without pay for five days or less, the employee may
appeal the suspension as set forth in this section.
The employee shall be given at least 7 days written notice of the suspension. The notice
shall include a desctiption of the proposed suspension, the date it is intended to become
effective, a description of the facts and circumstances upon which the proposed discþline is
based and a statement infotming the employee of his ot her right to appeal the suspension as
described in this section. If the suspension is based, in whole ot in patt, on wtitten materials
ot documents, tÏe nodce shall eithet ptovide the employee with copies of the materials or
documents or inform the employee of when and where they may be reviewed.
Within five calendat days of the date the employee teceives the notice of suspension, the
employee may file a written appealwith the Human Resoutces Managet. l7ithin ten
catendat days theteafter, the Human Resoutces Manager shall schedule a meedng with the
employee and, whete applicable, his or het recognized employee orgatizanon, to discuss the
appeal. Within 20 calendat days after the meeting, the Human Resoutces Manager shall
ptovide the employee with a wdtten response to the appeal.
If the employee
is not satisfred vrith the decision of the Human Resources Manager he or
she may appeal the matter to the Court Execudve Officer u/ithin five calendar days of the
Human Resources Managet's decision. 'ùØithin ten calendar days, the Court Execudve
Officer shall schedule a meeting with the employee and, where applicable, his ot her
recognized employee tepresentadve, to discuss the appeal. Within 20 calendar days after that
meedng, the Court Execudve Officer shall provide the employee with a written decision
regatding the appeal. The decision of the Cowt Executive Officet shall be final and binding.
t6
If
an employee does not file a timely appeal as ptovided in this section, the notice
suspension shall become final without further nodce by the Coutt.
of
Notice of Proposed Disciplinary Action Fot Maiot Discipline
If the Coutt is considering discþtinary acdon
against an employee more severe than a
suspension for five days, the employee shall be given wdtten notice of the proposed
disciplinary action. The notice shall include a description of the ptoposed discþline, the
date it is intended to become effective, a descrþtion of the facts and cfucumstances upon
which the ptoposed discþline is based, and a statement informing the employee of his or her
tight to tespond eithet omlly or in writing to the charge by a specified date. If the ptoposed
discipline is based, in whole ot in part, on written materials ot documents, the notice shall
either ptovide the employee with copies of the materials or documents or, in the altemative,
inform the employee of when and where they may be reviewed.
If the employee does not respond to the nodce u¡ithin the time specified, the Court may
implement the proposed discþlinary action, u¡ithout further notice. The disciplinary acton
shall be conclusive and final.
If the employee
within the time specified, the Coutt shall
considet the employee's response and all information televant to the circumstances. The
Court shall thereafter issue ¿ written determination on the notice of proposed discþlinary
action. If the determinadon recommends the implementation of discþline more severe than
a suspension for five days, the employee shall have the dght to request an evidentiary due
ptocess headng urithin five (5) wotking days of the date that the coutt issues its written
does respond to the notice
determination.
The Court may place the employee on paid administrative leave
ate pending.
^t
^rLy
time while the charges
Due Ptocess Evidentiaty Heating
If an employee timely requests aheanng on the Coutt's determination to impose discþline
more severe than a suspension fot five days, the Court Executive Officer shall appoint an
impatial hearing officet ftom a list of at least 5 persons that is jointty ptepated annua\ by
the Coutt and the Union. The Court may use the same list as is ptepared pursuânt to
Section 5.9 of this MOU.
The employee and the Coutt shall have the right to call u.itnesses and present evidence.
Upon tequest of the employee, the Coutt shall telease employees to testi$r at the hearing.
The hearing officer shall have the authority to issue subpoenas fot the attendance of
witrresses and subpoenas duces tecum for the production of books, records, documents, and
othet evidence as ptovided by Code of Civil Procedure section 1282.6.
The employee shall have the right to teptesentation, including legal counsel paid by the
employee.
The hearing shall be conducted within thirty (30) days of the date of the employee's request
unless the parties âgree to some other time. An approptiate recotd of the headng shall be
made and, at the conclusion of the hearing, the hearing officer shall prepare a wtitten report
t7
that includes findings of fact and conclusions that refetence the evidence and a
tecommendation with regard to the ptoposed discipline.
If the headng officet
disagtees with the Court's detetmination of discipline, the Cout shall
fumish a certified copy of the tecotd of the hearing to the employee ot, if the employee is
represented by a recognized employee organtzaton or legal counsel, to that tepresentadve
without cost.
Review and Appeal
The Cowt shall have thirty (30) calendar days ftom receþt of the hearing officet's report and
recornmendation to issue a wdtten decision accepting, tejecting ot modif ing the hearing
officer's report and tecommendation. The Coutt and employee may agtee to a diffetent time
in writing. The Court's review of the hearing offi.cer's report and recornmendation shall be
conducted by an individual other than the disciplining officer.
In making its decision, the Coutt shall be bound by the fac¡nl findings of the headng
offi.cet, except findings thzt are not supported by substantial evidence.
If the Court rejects or modifies the hearing officer's tecommendadon, the Cowt shall
ptovide a written explanation of its teasons for the modification. The Coutt may teject ot
modifi the recommendation of the hearing officer only if the matenal fac¡nl findings are
not supported by substantial evidence, for any of the following reâsons, or fot teasons of
substantiaþ similar g^\lq or significance:
(")
The recommendation places an employee ot the public at an unacceptable risk of
physical hatm.
þ)
The recommendation requires
G)
The recommendation obstructs the Court from performing its constitutional or
statutory function.
(d)
The tecommendation disagrees with the Coutt's penaþ detetmination, but the
hearing officer has not identified matenal, substantial evidence in the recotd that
provides the basis for that disagreement.
G)
The tecommendation is conftary to past ptactices in similat situations ptesented to
the hearing officet that the hearing officet has failed to consider ot distinguish.
(Ð
The tecommendation exposes the trial court to present or future legal liability other
than the ftnancialliability of the actwal remedy proposed by the hearing officet.
^î ^ct
cofltra;ry to law
Judicial Review
An employee may challenge the final decision of the Court by filing a writ of mandamus
pursuânt to Code of Civil Ptocedute secdon 1094.5 in the appropriate corÍt. Review by that
court shall be limited to the record. In reviewing the Court's decision, the teviewing court
shall be bound by the hearing officer's factual findings that are supported by substantial
evidence.
18
I0.2
Employee Conduct
Conduct which shall be deemed to constitute cause fot discipline shall include, but not be
limited to the following:
7
Falsification of any document, including any document in a case ftle, an
application, a physical examinadon questionnaire, time tecord, or personnel
record, including falsification by omission;
2.
Inattention to duty, catelessness, damage to, or negligence in the care and
handling of Court propetty;
3.
,\ltering, falsifying, tampering, removing, or desttoying records without
permission;
4.
Insubotdination;
5
Dishonesty;
6
Theft;
7
Violating conflict of interest rules;
8
Interfering with the work performance of othets;
9
Discourteous tteatment of the public ot othet employees;
10
Flatassment, including, but not limited to, sexually harassing employees ot
membets of the public;
71
Being under the influence of, using, or possessing alcohol or illegal
substances on Coutt property or while conducting Coutt business;
72.
Gambling on Court property ot while conducting Court business;
13
Leaving work without authorization;
14.
Unauthorized possession of weapons on Coutt ProPerty or while conducting
Court business;
15.
Conviction of any felony, ot conviction of. a misdemeanot committed while
engaged in the performance of duties. A plea ot vetdict of guilty, or a plea of
nolo contendete, to a chatge of a felony or a misdemeânor is deemed to be
conviction u¡ithin the meaning of this article;
16.
Misuse of Coutt funds or property for petsonal gain ot fot other
unauthorized purposes;
77.
Violation of any Coutt policy;
19
18.
Violation of zny provision contained in the Court Employee's Code of
Ethics;
79
Excessive andf ot unexcused absences/tardiness, ot tlre claim of sick leave
undet false ptetenses;
20.
Absence from duty without leave, failute to repott aftetleave ot absence has
expfued, otaftet such leave ot absence has been disapproved, tevoked, ot
canceled, abandonment of job;
21.
Acceptance by an employee of any bribe, Sâtuity, kickback, or othet fotm
remuneration in addition to tegular compensation with an attempt to
influence the action or opinion of an employee in the performance of the
employee's duties;
22.
Failue to maintain necessary employment standatds of position,
license, ptofessional cetification or license;
23.
Outside employment in violation of Coutt Policy.
ARTICLE XI
tl.l
- MISCELLANEOUS
of
e.g. dtivet's
PROVISIONS
No Strike or Lockout
Dudng the term of this MOU, the employees shall not withhold thefu labor or engâge rn aty
othet conduct to slow ot disrupt the operations of the Court, including particþation in
sympathy süikes and there shall be no lockout by the Court.
ll.2
FundingContingency
The Coutt's obligation to petform the monetary provisions of this MOU is contingent on
receipt of funding ftom the Judicial Council of Califomia and, if necessary funding is not
approved or appropdated, the Court shall be telieved of its economic obligations heteunder
and the parties shall tesume batgaining on all economic issues. Upon any representation of
deficient funding or lack of funds, the Court shall comply urith its obligation under the
Government Code and ptovide the Union with financial recotds upon request.
11.3
Sevetability
In the event that any provision of this MOU should be found by a coutt of competent
judsdiction to be unenfotceable, the finding shall have no effect on any othet ptovision.
ll.4
Whole Agteement
Both paties agree that this MOU concludes all negotiations and meetings required by
Government Code section 71600 et seq., and sets forth the full and endte undetstanding of
the parties regarding the matters set forth hetein. Any and all othet prior or existing
20
undetstandings, pracdces or MOUs between the patties, formal or informal, is heteby
cancelled and tetminated in its entirety.
No amendment of any of the terms ot ptovisions contained in this MOU shall be binding
upon the patties, unless it is made and executed in writing.
ARTICLE X II - TERM OF MOU
This MOU shall become effective Octobet 7,2075 or upon the date of tad;fication by both
patties, whichevet is latet, and shall remain in fult force and effective thtough and including
Octobet 37,2077. Eithet p^fty m^y open negotiadons fot a successot MOU aftet August 1,
2077 alnd negotiations shall b"gr no latet than September 75,2077.
There will be a reopener on health/dental/vision benefits, commencing upon written
request of either p^rq. Said requests must be communicated within a 30 calendar. day
period, which begins on August 7 of eachyeat
In
thi
Court and the Union hereunto affix their slgnatures
of
SERVICE EMPLOYEES INTERNATIONAL UNION. SEIU LOCAL
By:
/\-ã^
dx
Coutney
awkins Intemal \üTorksite Otganizer
Stella
Membet
By'
Byt
¡
By'
Staci
By'
MacElvaine,
Cadllo, Member
2l
521
By'
Fted Sattuche, Member
TUI-ARE, COUNTY SUPERIOR COURT
Byt
Doreen Vitale,
County Supedor Coutt
Byt
Tulate County Supedot Coutt
22
Superior Court of California, County of Tulare
&
Service Employees International Union (SEIU), Local521
Memorandum of Understanding Side Letter Agreement
General, Professional and Court Reporter Bargaining Units
November
2015
Meanins and Effect of Agreement: Commencing upon written request by SEIU a meet and
confer between the Union and bargaining team pursuant to Article X of the MOU was
conducted. Upon reaching a tentative agreement between the Court and Union, said agreement
was presented to SEIU members and on September 29,2015 ratification was complete.
The Court and the Union, by their authorized representatives, thus agree to the following:
Court InvestÍsators Safety Guidelines & Procedures
The Court Investigator Safety Guidelines & Procedures, Addendum to the Court Injury and
Illness Prevention Program will be updated to address specific safety measures involving court
cell phones and navigation systems in the Court vehicles. See Attachment A, the updated Court
investigator Safety Guidelines & Procedures.
Labor Management Meeting Agreement
Within sixty (60) calendar days after ratification of this agreernent, the Court and the Union will
jointly form a working gf,oup, through the Labor Management Committee process (Article IX of
the MOU), to gather information and review the current application of the Court's CART policy.
The working group membership will include at least one (1) court reporter, one (1) other
employee designated by the Union, the Union field representative, as well as the Court's Director
of Risk and Safety Management, the Courtroom Services Manager II, the Director of Human
Resources, and any other members mutually agreed to by the parties.
Agreed to this
[7
¿uV of Novemb er 2015, by the parties authorized representatives:
For the uperior Court of California, County of Tulare:
þr'.^1/ l,+ø-lu
Name
ame
Printed Name
Signature
For SEIU Local52l:
Jani eOrrìllo
ame
Printed Name
Signature
c
,Sht'â/t¿/
PrÍnted Name
5 te-I\ ,u -lt-[. x
ame
Ø¿
Name
PÊr
N
Printed N
SUPERIOR COURT OF CALIFORNIA
COUNTY OF TULARE
Attachment A
l. Background and Purpose
The Court is concerned with the safety and well being of its employees. lt is our policy to
provide and maintain a safe and healthy work environment. The responsibility to ensure
a safe work environment is shared with all employees of the Court. Each one of us have
an individual responsibility for our actions and behaviors in the workplace. Furthermore,
this responsibility is maintained and monitored through a structured, comprehensive
safety program-Court's lnjury/lllness Prevention Program.
The focus of the Court lnjury and lllness Prevention Program is to promote employee
"awareness" of his/her physical environment through an educational process as well as
minimize and eliminate safety and health hazards within the Court's business offices and
facilities as well as off-site locations where court business is conducted.
To that end, the purpose of these procedures is to outline safety guidelines for the Court
lnvestigators to utilize while off-site when making field visits and/or home visits in the
course of their duties with the Court. lnformation related to fíeld visits within the
Porterville Development Center is enclosed where applicable.
Key elements of these safety guidelines and procedures include the following
*court policy on employee safety and code of safe practices,
"internal office check in/check out white board,
"utilization of electronic calendar (Microsoft Outlook) including instructions for use,
*safety action plan including personal safety and security measures while conducting
your field visits.
Lastly, the Court makes every reasonable effort to provide a safe and secure work
environment for all employees. A common sense approach to both safety and security
is being alert and aware of your surroundings each day as emphasized in training and
the Court's Code of Safe Practices. You are your best form of security.
I
SUPERIOR COURT OF CALIFORNIA
COUNTY OF TULARE
ll.
Proactive Measures and Assessing Your Own Safety
A key element to any personal safety action plan is to identify behaviors and/or warning
signs that may lead to a dangerous situation or crisis. However, the emphasis is on being
proactive, early steps of recognition and/or the ability to safely remove employees from a
dangerous situation.
Assess your own safety and refer to proactive steps you can take in advance prior to a
situation escalating into a dangerous situation. Preparedness is key! As stated in previous
training and safety communications, trust your instincts and rely on common sense.
personal vehicle for safety and security measures.
updated directions to your field and/or home visit as well as expedite a response to
your specific location during emergencies.
and hand sanitizer.
o
o
o
o
o
Has suspecf expressed dislike of you?
Does the client and/or elder fear for your safety?
Can a suspecf related to the court userhlient find you?
Do you know if a potential suspecf lives near you?
Does suspecf frequent places you or your family regularly go?
involved:
o
o
o
o
o
o
o
o
court records including court orders and case file
/au¡suifs and pleadings
proposed conservatee
proposed conservator
others identified in records
read overyour notes
mentalhealth history
Know what is/is not confidential information and the rules of discovery for your
jurisdiction
information such as your address, location.
2
SUPER¡OR COURT OF CALIFORNIA
COUNTY OF TULARE
court cell phone is charged and ready to go for use. Court cell phones have
enhanced features with internal navigation to be able to assist you with updated
directions to your field and/or home visit as well as expedite a response to your
specific location during emergencies.
features and internal navigation system is available for check out through Court
Administration. Upon return to the office, you must return this court issued cell
phone back to Court Administration.
including CHP and Tulare County Sheriff's Department Dispatch (559-733-6218) as
well as In Case of Emergency (lCE) Numbers for next of kin and/or close friends who
can assist during an emergency (recommendation for all court staff for safety and
emergency preparedness).
numbers for your Manager and co-workers as well as additional key contacts related
to your job duties.
o
lnclude in your contacts Human Resources, WC Coordinator (559) 730-5000
Ext. 1292 during business hours and after hours contact your Manager who
will contact the HR Manager regarding the safety incident.
workers as well as Manager and/or Supervisor of your status.
situation.
3
SUPERIOR COURT OF CALIFORNIA
COUNTY OF TULARE
lll.
Field and/or Home Visits
When conducting your field visit consider the indicators and/or warning signs for potential
violence:
.
o
o
.
o
o
o
.
o
.
o
o
Use of alcohol and drugs
Access to weapons
Suicidalthoughts or ideation
Centrality of the victim to the suspect
"Nothing to lose"
Threats to kill
History of violence
Frequency of violent incidents
Severity of injuries
Forced sex
Pet abuse
Violent and/or uncontrolled pets in the home
Other personal safety and secur¡ty considerations that should be assessed
o
o
.
.
o
Has violence moved from indoors to outdoors
Triggering events
Anniversaries of critical events in the client's relationship
Recently served with legal papers
Client and/or elder interactions
Elder has told suspecf to move out
Elder made new will not in suspect's favor
Elder has sought outside help
o
o
o
lf the situation during a home and/or field visit appears to be escalating or your instinct
indicates there is problem, do not stay and be brave with the individual. Leave the situation
and call 911 if necessary.
4
SUPERIOR COURT OF CALIFORNIA
COUNTY OF TULARE
IV.
SAFEW ACTION PLAN
Plan your field and/or home visits with safety in mind. Remember situational awareness
which includes what you see and hear during your field visit to a home and/or Porterville
Development Center. Again, trust your instincts and rely on common sense.
The action steps listed below are incorporated in a recommended plan
belongings or valuables not needed for the visit in the trunk of the vehicle or leave
them at the office (does not include cell phones).
are and when you are expected to return.
a
a
Use established electronic calendar (Microsoft Outlook) to plan for and log the
appointment out in the field+xpected length of time (see Attach B for electronic
calendar guidelines).
Electronic calendar provides the Court with knowledge of where and when the field visit is
expected to occur and if there is one more than (1) planned field visit by a specific Court
lnvestigator. More importantly, if an employee does not return at the estimated time, the
Court can take the necessary steps and make contact with the appropriate agency to
inquire about this employee and/or dispatch assistance to help him/her quickly and
effectively.
a
Mentioned previously use the established internal white board for updates while on site.
the peace" on high risk field visits and/or party has a history of violence.
attend the field visit with you if not able to have law enforcement present.
arrival and you are alone if heightened concern then reschedule the meeting.
Center, duress alarm button, third person from their facility and to review the
lndividual Program Plan (lPP) information related to the court user/client.
o
Contact the Legal Supervisor and/or Facility Director in advance for additional assistance
related to these safety and security options.
charger if possible.
.
Remember the preset contacts in your cell phone (mentioned in previous section).
the office and in the field while on the telephone.
o
Designate a script to use while in the presence of court user/client in order to keep it
discreet by incorporating it into a short sentence.
5
SUPERIOR COURT OF CALIFORNIA
COUNTY OF TULARE
.
.
o
.
o
Malls
Community centers
Parking lots
Gas stations
Businesses like Starbuck's Coffee, grocery or convenience stores where there may be
camera surveillance
event a client, court user and/or suspect has a violent history and/or others in the
home which do.
a
Where do you park?
ln front of premises?
ln driveway?
Can suspecf block your car from leaving?
a
How are you going to gain entry to the premises and/or home?
a
ln the home and/or at the Porterville Development Center where do you sit or position
yourself?
o
o
o
o
o
o
Where you can see people approaching from many directions
ln the hardest chair you see--easier to stand up quickly
Seaf a suspecf in the softest seat (where you can be certain there are no weapons)
where they are located.
¡ Are they where you can see them?
o Weapons in view? Think about where the weapon(s) could be hidden.
¡ ls anyone intoxicated and/or under the influence of drugs?
o Are there dangerous animals? Where?
o May be trained to attack on command
o May be there to intimidate
o Have animals removed before the interview starts
how to leave if the interview or meeting becomes dangerous.
Set off car alarm as an excuse to exit
Claim it can only be reset by placing the key in the ignition
o
.
include your Manager and/or Supervisor with this information.
Rev.09/2015
6
SUPERIOR COURT OF CALIFORNIA
GOUNTY OF TULARE
PREPARING FOR A FIELD VISIT AND/OR HOME VISIT
As part of my safety plan while I am out in the field and/or
conducting a home visit, I will locate in the area the following
applicable):
(if
t¡¿
I
¡tt
lrl
ttt
ltt
o
m
7
Questions or concerns related to contract matters contact
SEIU 521 Contract Enforcement Department at (661) 321-4181
or an Internal Worksite Organizer listed below.
SEIU Local 521
1811 W. Sunnyside Avenue
Visalia, CA 93277
Phone: (559) 635-3720
Fax: (559) 733-5006
www.seiu521.org
facebook.com/seiu521
Internal Worksite Organizers
Mark Araiza (559) 635-3728
Courtney Hawkins (559) 635-3725
Jose Sigala (559) 635-3737