To: Board of Supervisors
From: Monica Nino, County Administrator
Report Title: Side Letter between Contra Costa County and the Defenders’ Association
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT a Resolution approving a side letter of agreement modifying the Memorandum of Understanding (MOU) between Contra Costa County and the Defenders' Association, to: (1) add a new Section 18.9 to permit certification of an entire employment list, when hiring for specified classifications; (2) amend Section 42.2.G. by replacing Deputy Public Defender - Fixed Term with Deputy Public Defender I; and (3) provide amended contributions for employees affected by the change to the additional deferred compensation Section 42.2.G.
FISCAL IMPACT:
There is no fiscal impact as the funds were previously earmarked for this benefit. The distribution of the funds is detailed in the Side Letter.
BACKGROUND:
The Contra Costa County Personnel Management Regulations (“PMRs”) and the MOU between Contra Costa County and the Defenders’ Association do not authorize the Office of the Public Defender to receive a full, rank-order employment list from the Human Resources Department when it recruits for positions in the Deputy Public Defender I, II, III, and IV classifications. PMR Part 605.3(c) and PMR Part 711 authorize the Office of the Public Defender to receive such lists for these classifications if agreed to in an MOU between the County and a recognized employee organization that represents these classifications.
The Office of the Public Defender recently reorganized and reclassified Deputy Public Defender - Fixed Term to Deputy Public Defender I. This Side Letter amends the MOU to reflect that change to ensure that the employees who were reclassified from Deputy Public Defender - Fixed Term to Deputy Public Defender I continue to receive the previously negotiated benefits provided to them in Section 42.2 of the MOU. Because contributions for the year have already been paid out to Deputy Public Defender Investigators, Exhibit A of this Side Letter details the amounts already paid out to those Investigators, the amount to be paid to eligible Deputy Public Defender Is moving forward, and the amended payment amount to be paid to the Deputy Public Defender Investigators on account of the payments that will be made to the eligible Deputy Public Defender Is.
CONSEQUENCE OF NEGATIVE ACTION:
The PMRs will continue to preclude the Human Resources Department from providing the Office of the Public Defender with full, rank-order employment lists when it recruits for positions in the classifications of Deputy Public Defender I, II, III, and IV. Additionally, employees who are eligible for this benefit will not receive the benefit.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
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IN THE MATTER OF the Side Letter between Contra Costa County and the Defenders’ Association, amending the Memorandum of Understanding to: (1) authorize the Office of the Public Defender to receive a full, rank-order employment list from the Human Resources Department when it recruits for positions in the Deputy Public Defender I, II, III, and IV classifications; (2) amend Section 42.2.G. by replacing Deputy Public Defender - Fixed Term with Deputy Public Defender I; and (3) provide amended contributions for employees affected by the change to the additional deferred compensation Section 42.2.G.
The Contra Costa County Board of Supervisors acting in its capacity as the governing board of Contra Costa County RESOLVES THAT:
Effective the first of the month when approved by the Board of Supervisors, the Side Letter of Agreement dated June 12, 2024, between the Defenders’ Association and Contra Costa County be ADOPTED.