LAKEPORT — The Lake County Board of Supervisors (BOS) Tuesday finished deliberations and took action on grievances filed by the Lake County Correctional Officers Association (LCCOA).
After hearing testimony and deliberating on three grievances that took place during three BOS meetings, the supervisors upheld a sick leave grievance by a 3-2 vote, unanimously denied a “shift swap” grievance and denied a grievance that changed shift hours by a 3-2 vote.
Grievances were filed by the Lake County Deputy Sheriff”s Association (LCDSA) and the LCCOA, alleging a “unilateral change” to the Lake County Sheriff”s Office (LCSO) sick leave policy. The LCCOA also filed grievances regarding changes to the shift swap policy and reduction in hours per shift.
At its Sept. 13 meeting, the BOS heard more than three hours of testimony from LCCOA and LCDSA attorney, Jeff Edwards and county Human Resources Director Kathy Ferguson.
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.”
Edwards argued the directive indicated a change in the sick leave policy implemented by LCSO administrators without having met and conferred with the employee unions, thereby violating the memorandum of understanding (MOU) between the county and the unions.
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. Department supervisors can inquire whether a sick leave request is for a bona fide illness, according to Ferguson.
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 hearing was continued to Oct. 11, where the BOS deliberated. The LCDSA dropped its grievance claim before this meeting. After deliberating on two of the three grievances, the BOS voted 3-2 for an intended decision to uphold the LCCOA appeal regarding the sick leave policy in favor of the union. Supervisors Anthony Farrington and Denise Rushing dissented. The shift swap grievance was denied by a unanimous vote.
The BOS opted to debate the third grievance, related to a change from 12-hour to eight-hour shifts and consider the findings of fact (FOF) related to the sick leave and shift swap grievances for Tuesday”s meeting.
Farrington said the conflict with changing the hours of shifts was about language in the MOU, which he said “could”ve been clearer on both sides.” Rushing agreed with Farrington. The focus of the particular phrase from the MOU stated, “The current shift schedule types will not change.”
Farrington said the BOS was forced to look at the intent of the MOU regarding a change in hours. He said there was a lot of “ambiguity” that forced him to rely on the history of MOUs and conduct of the previous sheriffs.
Farrington said, “From 1994 to present, there are no MOUs between the county and correctional officers that provide for a 12-hour shift.” He said shifts were changed under Sheriff Rod Mitchell but the changes were never put into the MOU.
Farrington moved to deny the grievance and it was denied by a 3-2 vote, with Brown and Supervisor Jeff Smith in dissent.
County Counsel Anita Grant will prepare FOF related to the shift types and present it before the BOS for a vote within 30 days, according to Brown.
The BOS then reviewed and voted on the FOF related to the previous grievances. By a 3-2 vote, the BOS upheld the sick leave grievance and approved the FOF, with Farrington and Rushing in dissent. The shift swap grievance was denied and FOF approved unanimously.
Kevin N. Hume can be reached at kevin.n.hume@gmail.com or call directly 263-5636 ext. 14.
