LAKEPORT — The Lake County Board of Supervisors (BOS) Tuesday received evidence and heard arguments on two of four grievances filed by Sheriff”s Office employee unions before deciding to continue the hearings to mid-October.
An attorney representing the Lake County Correctional Officers” Association (LCCOA) and Lake County Deputy Sheriffs” Association (LCDSA) as well as the county”s human resources director presented perspectives on the two grievances for nearly three hours Tuesday afternoon during the regular BOS meeting.
The LCCOA and LCDSA each filed grievances regarding what they referred to as a “unilateral change” to the Lake County Sheriff”s Office (LCSO) sick leave policy. The BOS agreed to hear both grievances together because they pertained to the same issue.
Officers of both associations reported receiving a message from LCSO Capt. Rob Howe in May stating that “any employee calling in sick will need to provide what duties or essential job functions they are unable to perform.”
Attorney Jeffrey Edwards argued the directive indicated a change in the sick leave policy implemented by the LCSO administration without having met and conferred with the employee unions and thereby violated the memorandum of understanding (MOU) between the county and the unions.
“A new sheriff can”t change an old contract,” Edwards told the BOS.
Human Resources Director Kathy Ferguson, who previously denied both grievances, said she determined the call for the LCSO employees to provide the requested information to be allowable and not a change in policy.
“The department”s decision to inquire regarding what essential functions the employee cannot perform confirms the usage of the sick time and may enable the department to offer such modified/light duty for that shift. There is nothing in the personnel rules or MOU that precludes such an inquiry,” Ferguson wrote in her denial.
Sheriff Frank Rivero said he didn”t believe the directive was a change in policy and did not require advance notice to union representatives.
The presidents of both associations testified Tuesday, saying administration should have met and conferred with the unions before requiring employees to provide information on essential job functions they”d be unable to perform along with sick leave requests.
Both presidents added that they believed the directive to be a change in the LCSO”s longtime sick leave practice.
Final arguments on the two grievances concluded at 3:30 p.m. and the BOS indicated deliberations and a final decision would probably not occur Tuesday afternoon. Additionally, one party had childcare issues and requested all hearings be continued to later date and time.
The BOS continued the hearings to Oct. 11 at 10:30 a.m., at which time the supervisors will also receive evidence on the two grievances not heard Tuesday.
The LCCOA also filed a grievance about a shift swap between two correctional aides that attorneys said was “denied without consideration.” The LCCOA filed a third grievance, which concerned what its lawyers called “the Sheriff Department”s unilateral change to eight-hour shifts for correctional officers.”
Contact Jeremy Walsh at jwalsh@record-bee.com or call him at 263-5636, ext. 37.
