To: Board of Supervisors
From: Monica Nino, County Administrator
Report Title: Side Letter between Contra Costa County and the Deputy Sheriff’s Association Rank and File Unit.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT a Resolution approving the side letters of agreement between Contra Costa County and the Deputy Sheriff's Association (DSA) modifying Section 23.1 - Cause for Disciplinary Action of the Memorandum of Understanding governing wages, hours, and other terms and conditions of employment for the DSA’s Rank & File Unit, and Section 18.1 of the Memorandum of Understanding governing wages, hours, and other terms and conditions of employment for the DSA’s Management unit, to include as a basis for disciplinary action the cancellation, suspension, revocation, or surrender of an employee's peace officer certification or proof of eligibility issued by the Commission on Peace Officer Standards and Training (P.O.S.T.), if the employee is employed in a peace officer classification.
FISCAL IMPACT:
None.
BACKGROUND:
On September 30, 2021, Governor Gavin Newsom signed into law Senate Bill 2 (SB 2), which requires law enforcement agencies to employ as peace officers only those individuals who hold a current and valid Basic certificate from the Commission on Peace Officer Standards and Training (P.O.S.T.), except for provisional employment for up to 24 months for individuals awaiting certification. SB 2 also requires P.O.S.T. to revoke certification when an individual has become ineligible to hold office as a peace officer under California Government Code Section 1029, or when an individual has been terminated for cause for, or otherwise engaged in, “serious misconduct”.
These side letters memorialize the County and the DSA’s agreement, consistent with the foregoing legislation, that the cancellation, suspension, revocation, or surrender of an employee's peace officer certification or proof of eligibility issued by P.O.S.T. is a basis for discipline, up to and including termination of employment, if the employee is employed in a peace officer classification.
CONSEQUENCE OF NEGATIVE ACTION:
The memoranda of understanding between the County and the DSA will not explicitly state that the cancellation, suspension, revocation, or surrender of an employee’s (P.O.S.T.) certification is a basis for discipline, up to and including termination of employment, if the employee is employed in a peace officer classification.
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 Agreements between the County of Contra Costa and the Deputy Sheriffs’ Association - Rank and File Unit and Management Unit, amending each respective Memorandum of Understanding to include revocation of peace officer certification as a basis of discipline.
The Contra Costa County Board of Supervisors acting in its capacity as the governing board of the County of Contra Costa RESOLVES THAT:
Effective the first day of the month following adoption by the Board of Supervisors, the Side Letter Agreements between Contra Costa County and the Deputy Sheriffs’ Association Rank and File Unit and Management Unit be ADOPTED.
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