Addenda and summary regarding the Department of Developmental Services (DDS) Lanterman Developmental Center Reduction and Relocation, submitted to the JLBC, 8/2/2013

Transmittal Letter

The Honorable Mark Leno

Chair, Joint Legislative Budget Committee

Legislative Office Building

1020 N Street, Room 553

Sacramento, CA 95818

Over the past few years, there has been a changing population within DDS developmental centers and community facility as residents continue to transition into community settings and fewer people are admitted into the state operated facilities. This change in population requires adjustments in both client service delivery needs and staff needs. The attached agreements represent the continued response to those changing needs. All of the agreements address the layoff and relocation of staff including the relocation of staff to community homes. The closure of Lanterman will not be complete until the last client is successfully transitioned into a community home, or other developmental center, as such these agreements will remain in place until the Lanterman Developmental Center closure is complete.

CalHR is providing these addenda for the Committee's information according to Government Code §3517.63. If you have any questions or concerns please contact Nancy Farias, Legislative Deputy at (916) 327-2348.

/s/ Julie Chapman, Director

California Department of Human Resources

Peggy Collins, Principal Consultant

Joint Legislative Budget Committee 

David Lanier, Legislative Affairs Deputy

Office of Governor Edmund G. Brown Jr.

Mac Taylor, Legislative Analyst

Office of the Legislative Analyst  

ecc:

Marianne O'Malley, Director Gen. Government

Office of the Legislative Analyst

Nick Schroeder, Consultant

Office of the Legislative Analyst

Richard Gillihan, Program Budget Manager

Department of Finance

Craig Cornett, Chief Fiscal Policy Advisor

Office of the Pro Tem

Charles Wright, Chief Consultant

Office of the Pro Tem

Chris Woods, Budget Director

Office of the Speaker

Greg Campbell, Chief Consultant

Office of the Speaker

Seren Taylor, Staff Director

Senate Republican Fiscal Office

Chantele Denny, Consultant

Senate Republican Fiscal Office

Anthony Archie, Consultant

Assembly Republican Fiscal Office

Peter Schaafsma, Staff Director

Assembly Republican Fiscal Office 

Keely Bosler, Staff Director

Senate Budget Committee 

Mark Ibele, Consultant

Senate Budget Committee

Christian Griffith, Chief Consultant

Assembly Budget Committee

Mark Martin, Consultant

Assembly Budget Committee

Mark McKenzie, Staff Director

Senate Appropriations Committee

Maureen Ortiz, Consultant

Senate Appropriations Committee

Geoff Long, Chief Consultant

Assembly Appropriations Committee

Roger Dunstan, Consultant

Assembly Appropriations Committee

Pamela Schneider, Chief Consultant

Senate PE&R Committee

Karon Green, Chief Consultant

Assembly PER&SS Committee

Gary Link, Consultant

Senate Republican Caucus

Terry Mast, Consultant

Assembly Republican Caucus

Alene Shimazu, Chief

Fiscal Analysis, CalHR

Pam Manwiller, Chief

Labor Relations, CalHR

SEIU Lanterman

AGREEMENT REACHED BETWEEN THE STATE OF CALIFORNIA AND SEIU LOCAL 1000 CONCERNING DEPARTMENT OF DEVELOPMENTAL SERVICES LANTERMAN DEVELOPMENTAL CENTER CLOSURE

1. RELOCATION ASSISTANCE

This Relocation Assistance is provided to Lanterman Developmental Center (LDC) SEIU impacted employees who relocate to another position within the Department of Developmental Services (DDS). The amount of the Relocation Assistance shall be three thousand five hundred ($3,500) dollars.

No Relocation Assistance provision(s) shall apply to SEIU Community State Staff (CSS) assigned employees.

No Relocation Assistance provision(s) shall apply to employees in SEIU bargaining units accepting a position in the Warm Shut Down.

No Relocation Assistance provision(s) shall apply to employees in SEIU bargaining units accepting a position in the Outpatient Clinic or any other area that remains after LDC closure.

This Relocation Assistance provision is effective upon ratification by the State. This benefit begins January 1, 2013, and terminates upon the establishment of the reemployment list for each SEIU classification. An employee shall be eligible if they apply for the DDS position prior to the establishment of the reemployment list for their classification, even if the hiring process is not completed before the list is established. An employee's application must be postmarked and/or received prior to the establishment of the reemployment list for their classification.

Employees shall report to their new DDS facility on the date specified as the reporting date and be ready, willing and able to work.

Employees must be on active work status ninety (90) days from the first day of actual work.

2.A. ADVANCE AGAINST RELOCATION ASSISTANCE

Thirty (30) days prior to the specified reporting date, an employee who has accepted a position in another DDS facility will be issued an advance against the Relocation Assistance in the amount of one thousand seven hundred fifty ($1 ,750) dollars, less required deductions and/or taxes.

Failure to report on the specified reporting date as directed above will result in the loss of the Relocation Assistance. Recovery of the advance will be handled by deduction of earnings, against accrued leave balances and/or garnishment of wages/salary. If necessary, DDS will also file a claim for reimbursement with the Franchise Tax Board for remaining balance due.

Failure to complete the 90-day active work status requirement indicated above will result in recovery of the advance and forfeiture of the balance of the Relocation Assistance as indicated in the above conditions. 

2.B. BALANCE OF THE RELOCATION ASSISTANCE

Ninety (90) calendar days after the first actual day of work, the remainder of the Relocation Assistance one thousand seven hundred fifty ($1 ,750) dollars, less required deductions and/or taxes, will be issued to the employee.

Failure to complete the conditions/requirements indicated above will result in the forfeiture of the advance against Relocation Assistance and the balance of the Relocation Assistance, and recovery of the forfeiture will be handled as indicated above.

The Relocation Assistance will not count in the calculation of hourly rates of pay for overtime, Industrial Disability Leave, State Disability Insurance, or lump sum cash out of vacation, sick leave or any other leave balance.

This agreement is the sole provision providing Relocation Assistance. No other Relocation Assistance is provided. This means it is understood that the appointing authority is not requiring employees to accept positions at (or relocate to) another DDS facility and that employees accepting positions at other DDS facilities do so voluntarily. Accordingly, employees who accept positions at another DDS facility are not eligible for moving and relocation allowances under the provisions of Government Code Sections 19841 and 19842, DPA regulations 599.714 through 599.724.1, inclusive, and Article 12 (Sections 12.1 and 12.2) of the SEIU collective bargaining agreements. 

TA’d

Any impacted employee transferring to another position within DDS shall be provided an appropriate orientation and any required on-the-job training in their new position.

DDS agrees to make every effort to provide the training necessary to ensure adequate performance for

employees transferring to another classification that requires new skills and/or knowledge.

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SEIU Local 1000

State]

SEIU Local 1000 Proposal Lanterman Closure-Phase I November 29, 2012

Exhaustion of Leave Credits

Impacted employees will be allowed to use any leave credits that carry no cash value (i.e. furlough, PDD, PLP 2010, and PLP 2012) prior to the effective date of the layoff.

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[signatures

SEIU Local 1000

State]

SEIU Local 1000 Proposal Lanterman Closure - Phase I November 29, 2012

Employee Assistance Program

All impacted employees affected by the layoff will continue to receive benefits for EAP for six (6) months after the date of the layoff provided that the impacted employee contacts EAP and establishes a case number prior to January 30, 2013.

11/29/12

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[signatures

SEIU Local 1000

State]

SEIU Local 1000 Proposal Lanterman Closure - Phase I November 29, 2012

Employee Job Search

All employees will be allowed reasonable state release time to attend state sponsored job interviews, job fairs, and apply for open positions in other state agencies. Requests shall not be unreasonably denied and any denials must be based on severe operational needs and in writing. Computers, a printer, fax and a photocopier shall be made available at Lanterman for job searches.

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Layoff Discussion

Once all impacted employees have made their selections and their options have been implemented, SEIU Local 1000 shall be granted a conference call no later than 1-28-2013 with CALHR and DDS, to discuss discrepancies or any issues not considered during these negotiations.

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SEIU Local 1000

State]

SEIU and DDS Community State Staff Agreement Lanterman Developmental Center

Effective July 15, 2011, assignments in Bargaining Unit 1, 3, 4, 11, 15, 17, and 20 will be available for permanent State staff to transition into community assignments with prospective community employers on a voluntary basis. These assignments will be made available to Lanterman Developmental Center (LDC) employees only, in accordance with the amendment to Government Code 854.1.

Specifically the amendment authorizes the Department of Developmental Services (DDS) to utilize State staff in the community as part of the LDC's closure plan as approved by the legislature in accordance with Welfare and Institutions Code 4474.2 (a), which states, "For the Lanterman Developmental Center, the use of departmental employees is in effect for up to two years following the transfer of the last resident of the Lanterman Developmental Center, unless a later enacted statute deletes or extends this provision."  

Hiring Process

1 Prior to the final filing date of applications, I_DC will schedule an orientation with the Regional Centers (RC)/Providers to allow employees an opportunity to ask questions. This orientation can be attended on State time.

2. All community assignment opportunities will be posted as Job Opportunity Bulletins (JOB) in a prominent place on the units and advertised via email. All notices will be posted for no less than ten (10) calendar days.

3. Candidates offered a community assignment will have an opportunity on state time to visit the new job site, meet the supervisor and talk to other people who work there.

4 A duty statement will be provided to applicant that describes the duties the employee will be expected to perform. SEIU (HQ and LDC Job Steward) shall be provided with a copy of the duty statement 14 days prior to posting of JOB. LDC management will consult with the RC/Provider to ensure that the duty statement and JOB are consistent with the State Personnel Board's classification specification for the classification being advertised.

5. The JOB will specify the assignment, minimum and desirable qualifications, work location, hours of work, shift, time-base, organization structure and days off and rotation pattern and cycle, the deadline to submit an application and where applications must be submitted.

6. Selection will be based on a competitive interview. The panel will include a representative from the RC/Provider and a representative from DDS [NB] All interviews will utilize patterned questions which have been reviewed and approved by the EEO and Personnel Officer. Employees shall have a right to utilize the Merit Appeal process.

7. Applicants will be ranked using objective criteria. LDC will recommend to the RC/Provider that if more than one employee has the same score, the more senior employee will be offered the assignment.

8. Employees may request and shall receive feedback on their interview to help them prepare for future interviews for other jobs in the community.

9. LDC will notify SEIU which employees, by name and classification, transfer to the community and their locations of employment. This list will be updated monthly.  

Terms of the Assignment

1. Selected employees shall remain in their current classification and retain their permanent civil service status and benefits, including collective bargaining protections for the duration of the assignment.

2. Selected employees shall complete the hiring process guidelines and requirements of the provider. Satisfaction of such requirements shall be at no cost to the employee nor conflict with the provisions of the Memorandum of Understanding between SEIU Local 1000 and the State of California.

3. Any approved leave, vacation and accrued time stays with the employee.

4. The employee's new headquarters will be determined by the location where the employee spends a predominate amount of their work time. (DPA Rule 599.616) Any per diem or mileage will be based upon the headquarters location.

5 Termination of the assignment, by the employee or employer requires a minimum of 30-calendar days written notice, unless the parties mutually agree to a different date. Extenuating circumstances, such as workplace harassment or safety issues shall be addressed on a case by case basis and may result in a waiver of the employee notice requirement.

6. If an employee in a less than full-time CSS assignment elects to stay in the assignment, he/she will retain their current classification and permanent civil service status in the time-base of the CSS assignment. Benefits shall be provided in accordance with the Bargaining Unit 1, 3, 4, 11, 15, 17, and 20 MOUs. (See below Employee Rights 2, 3 and 4)

 Supervision

1. DDS will retain review of clinical practices

2. Supervision and performance appraisals will be completed by DDS in concert with RC/Provider.

 Employee Rights

1. Employees shall retain all the rights and protections pursuant to the State laws, rules and applicable collective bargaining provisions for the duration of their assignment with the RC/Provider.

2. Before the closure of LDC, if a full time employee selects a CSS assignment in the community of less than full time, the employee will have the option to augment their hours at LDC in order to retain their full time status.

3. Employees in community assignments will have return rights to L.DC. Employees in community assignments will be given written notice (certified mail to the employee's home address of record with LDC) no less than five months prior to the initiation of the LDC layoff process with an opportunity to return to LDC and participate in the LDC layoff process. Prior to sending notice to state staff in the community of the LDC layoff process, DDS will forward the notice to SEIU Local 1000 for input.

4. Upon receiving notification of the LDC layoff process, employees in a CSS assignment shall make their election to return to LDC to participate in the layoff process or remain in their CSS assignment within 10 business days of receiving their notice. If an employee elects to remain in the  less than full time position in the CSS assignment the appropriate personnel documentation would be completed to verify agreement in the change in time base to a less than full time position.

5. In accordance with Welfare and Institutions Code 4474.2 (a), which states, "For the Lanterman Developmental Center, the use of departmental employees is in effect for up to two years following the transfer of the last resident of the Lanterman Developmental Center, unless a later enacted statute deletes or extends this provision." Continued community employment is contingent upon funding for the program in the annual State budget for DDS. If employment in the community discontinues prior to the LDC closure (through employee/RC/Provider/DDS notice or discontinuation of funding); the employee will be provided a minimum of 30 calendar days written notice to report to LDC in the same classification with no break in State service. If employment in the community discontinues after the closure of LDC, the employee will be given the option to:

a. Exercise the right of first refusal of any vacant funded position within their classification advertised at any DDS facility for the 30 calendar day period. If more than one employee returns at the same time, right of first refusal will be based on state service seniority, or

b. If no vacant position is available, then the employee will be placed by the Department in a position that is at, or within lateral transfer range, of their current classification at a developmental center, community facility, or headquarters office The employee will be provided a minimum of 30 calendar days written notice to report to the new assignment with no break in service. Relocation will be paid as defined in the negotiated Agreement on LDC Closure, sections 1 and 2. If the employee does not report to the new assignment as required, the employee will be laid off.

This agreement is an addendum to the current Bargaining Unit 1, 3, 4, 11, 15, 17, and 20 collective bargaining agreements and will be incorporated into the agreement and shall expire at the termination of the CSS program at LDC.

The terms of this Addendum Agreement are limited to the above reference [NB] meet and confer, do not establish a past practice and shall not be considered precedential in any future gnevance or arbitration.

TA’d

7/2/13

6/2/13

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6/2/2013

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Effective July 1, 2011, assignments In Bargaining Unit 18 will be available for permanent state Staff to transition into community assignments with prospective community employers on a voluntary basis. These assignments will be made available to Lanterman Developmental Center (LDC) employees only, in accordance with the amendment to Government Code 654.1 [NB]

Specifically the amendment authorizes the Department of Developmental Services (DDS) to utilize State staff in the community as part of the LDC's closure plan as approved by the legislature in accordance with Welfare  and lnstitutions  Code 4474.2 (a), which states, “For the Lantarman Developmental Center, the use of departmental employees is in effect for up to two years following the transfer of the last resident of the Lanterman Developmental Center, unless a later enacted statute deletes or extends this provision."

Hiring Process

1. Prior to the final filing date of applications, LDC will schedule an orientation with the Regional Centers (RC)/Providers to allow employees an opportunity to ask questions. This orientation can be extended on State time.

2. All community assignment opportunities will be posted as Job Opportunity Bulletins (JOB) in a prominent place on the units and advertised via email. All notices will be posted for no less than ten (10) calendar days.

3. Candidates offered a community assignment will have an opportunity on state time to visit the new job site, meet the supervisor and talk to other people who work there.

4. A duty statement will be provided to applicant that describes the duties the employee will be expected to perform. CAPT (HQ and LDC Chapter President) shall be provided with a copy of the duty statement prior to posting of JOB. LDC management will consult with the RC/Provider to ensure that the duty statement and JOB are consistent with the State Personnel Board's classification specification for the classification being advertised.

5. The JOB will specify the assignment, minimum and desirable qualifications, work location, hours of work, shift, time-base, organization structure and days off and rotation pattern and cycle, the deadline to submit an application and where applications must be submitted.

6. Selection will be based on a competitive interview. The panel will include a representative from the RC/Provider and a representative from DDS. All interviews will utilize patterned questions which have been reviewed and approved by the EEO and Personnel Officer. Employees shall have a right to utilize the Merit Appeal process.

7. Applicants will be ranked using objective criteria. LDC will recommend to the RC/Provider that if more than one employee has the same score, the more senior employee will be offered the assignment.

8. Employees may request and shall receive feedback on their interview to help them prepare for future interviews for other jobs in the community.

9. LDC will notify CAPT which employees, by name and classification, transfer to the community and their locations of employment. This list will be updated monthly.

Terms of the Assignment

1. Selected employees shall remain in their current classification and retain their permanent civil service status and benefits, including collective bargaining protections for the duration of the assignment.

2. Selected employees shall complete the hiring process guidelines and requirements of the provider.

3. Any approved leave, vacation and accrued time stays with the employee.

4. The employee's new headquarters will be determined by the location where the employee spends a predominate amount of their work time. (DPA Rule 599.816) Any per diem or mileage will be based upon the headquarters location.

5. Termination of the assignment, by the employee or employer requires a minimum of 30 calendar days written notice, unless the parties mutually agree to a different date.

6. If an employee in a less than full-time CSS assignment elects to stay in the assignment, he/she will retain their current classification and permanent civil service status in the time-base of the CSS assignment. Benefits shall be provided in accordance with the Bargaining Unit 18 MOU. (See below Employee Rights 2, 3 and 4) [NB]

Supervision

1. DDS will retain review of clinical practices.

2. Supervision and performance appraisals will be completed by DDS In concert with RC/Provider.

Employee Rights

1. Employees shall retain all the rights and protections pursuant to the State laws, rules and applicable collective bargaining provisions for the duration of their assignment with the RC/Provider.

2. Before the closure of LDC, if a full time employee selects a CSS assignment in the community of less than full time, the employee will have the option to augment their hours at LDC In order to retain their full time status.

3. Employees in community assignments will have return rights to LDC. Employees in community assignments will be given written notice (certified mall to the employee's home address of record with LOC) no less than five months prior to the initiation of the LDC layoff process with an opportunity to return to LDC and participate in the LDC layoff process.

4. Upon receiving notification of the LDC layoff process, employees in a CSS assignment shall make their election to return to LDC to participate in the layoff process or remain in their CSS assignments within 10 days of receiving their notice. If an employee elects to remain in the less than full time position in the CSS assignment the appropriate personnel documentation would be completed to verify agreement in the change in time base to a less than full time position.

5. The approved closure plan authorizes community employment until the LDC closure. Continued community employment is contingent upon funding for the program in the annual State budget for DDS. If employment in the community discontinues prior to the LOC closure(through employee/RC/Provider/DDS notice or discontinuation of funding); the employee will be provided a minimum of 30 calendar days written notice to report to LDC in a comparable position with no break in State service. If employment in the community discontinues after the closure of LDC, the employee will be given the option to:

a. Exercise the right of first refusal of any vacant funded position within their classification advertised at any DDS facility for the 30 calendar day period. If more than one employee returns at the same time, right of first refusal will be based on state service seniority, or

b. If no vacant position is available, then the employee will be placed by the Department in a position that is at, or within lateral transfer range, of their current classification at a developmental center, community facility, or headquarters office. The employee will be provided a minimum of 30 calendar days written notice to report to the new assignment with no break in service. Relocation will be paid as defined in the negotiated Agreement on LDC Closure, sections 1 and 2. If the employee does not report to the new assignment as required, the employee will be considered to have voluntarily resigned.

6. All DDS facilities will post advertised vacancies on the State Personnel Board’s vacant position database (VPOS). Employees in the community shall retain the right to take examinations given by LDC/DDS.

This agreement is an addendum to the current Bargaining Unit 18 collective bargaining agreement and will be incorporated into the agreement and shall expire at the termination of the CSS program at LDC.

The terms of this Addendum Agreement are limited to the above reference meet and confer, do not establish a past practice and shall not be considered precedential in any future grievance or arbitration.

TA'd 4-30-13, 7/2/13, 7/5/13

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AGREEMENT REACHED BETWEEN THE STATE OF CALIFORNIA AND AFSCME CONCERNING DEPARTMENT OF DEVELOPMENTAL SERVICES LANTERMAN DEVELOPMENTAL CENTER CLOSURE

1. RELOCATION ASSISTANCE

This Relocation Assistance is provided to Lanterman Developmental Center (LDC) [NB] AFSCME impacted employees who relocate to another position within the Department of Developmental Services (DDS). The amount of the Relocation Assistance shall be three thousand five hundred ($3,500) dollars.

No Relocation Assistance provision(s) shall apply to AFSCME Community State Staff (CSS) assigned employees.

No Relocation Assistance provision(s) shall apply to employees in AFSCME represented classifications accepting a position in the Warm Shut Down.

No Relocation Assistance provision(s) shall apply to employees in AFSCME represented classifications accepting a position in the Outpatient Clinic or any other area that remains after LDC closure.

This Relocation Assistance provision is effective upon ratification by the State. This benefit begins January 1, 2013, and terminates upon the establishment of the reemployment list for each AFSCME classification. An employee shall be eligible if they apply for the DDS position prior to the establishment of the reemployment list for their classification, even if the hiring process is not completed before the list is established. An employee's application must be postmarked and/or received prior to the establishment of the reemployment list for their classification.

Employees shall report to their new DDS facility on the date specified as the reporting date and be ready, willing and able to work.

Employees must be on active work status ninety (90) days from the first day of actual work.

2.A. ADVANCE AGAINST RELOCATION ASSISTANCE

Thirty (30) days prior to the specified reporting date, an employee who has accepted a position in another DDS facility will be issued an advance against the Relocation Assistance in the amount of one thousand seven hundred fifty ($1 ,750) dollars, less required deductions and/or taxes.

Failure to report on the specified reporting date as directed above will result in the loss of the Relocation Assistance. Recovery of the advance will be handled by deduction of earnings, against accrued leave balances and/or garnishment of wages/salary. If necessary, DDS will also file a claim for reimbursement with the Franchise Tax Board for any remaining balance due.

Failure to complete the 90-day active work status requirement indicated above will result in recovery of the advance and forfeiture of the balance of the Relocation Assistance as indicated in the above conditions.

2.B. BALANCE OF THE RELOCATION ASSISTANCE

The Relocation Assistance will not count in the calculation of hourly rates of pay for overtime, Industrial Disability Leave, State Disability lnsureance [NB], or lump sum cash out of vacation, sick leave, or any other leave balance.

This agreement is the sole provision providing Relocation Assistance. No other Relocation Assistance is provided. This means it is understood that the appointing authority is not requiring employees to accept positions at (or relocate to) another DDS facility and that employees accepting positions at other DDS facilities do so voluntarily. Accordingly, employees who accept positions at another DDS facility are not eligible for moving and relocation allowances under the provisions of Government Code Sections 19841 and 19842, and CalHR regulations 599.714 through 599.724.1, inclusive.

3. CTO, EXCESS TIME, HOLIDAY TIME, PERSONAL LEAVE & VACATION/ANNUAL LEAVE CASH OUT.

Upon request of the LDC employee, who voluntarily reports to another DDS location, DDS agrees to cash out CTO, Excess Time, Holiday Time, and Personal Leave to a zero balance. The "cash out" will be paid three (3) weeks prior to the effective reporting date to the new work site.

Upon request of the LDC employee, who voluntarily reports to other State employment (outside DDS), DDS agrees to cash out CTO and Excess Time to a zero balance. The "cash out" will be paid three (3) weeks prior to the effective reporting date to the new work site. If no request is received, all CTO and Excess Time balances will be cashed out to the employee on the last day of employment with DDS.

Employees who voluntarily report to their new location within DDS will have the option to cash out no fewer than 40 hours vacation/annual leave credits, but no more than 80 hours. Vacation/annual leave payout will be made three (3) weeks prior to the effective reporting date at the new DDS location.

4. TRAINING

The Department agrees to continue in accordance with the existing collective bargaining agreement any/all approved training programs currently in place for LDC employees until the date of each employee's layoff. This is not precedent setting.

5. SROA/SURPLUS and REEMPLOYEMENT [NB] RIGHTS

AFSCME employees who are not placed by the above provision(s) will have SROA/Surplus status in increments up to a maximum of 120 calendar days per the SROA/Surplus policy and procedure manual.

Except for "Administrative Ninety Day Post Closure" employees, AFSCME employees who are placed pursuant to this Agreement will have their SROA/Surplus status terminated at the time they exercise their right to a position as the most senior eligible employee for the Warm Shut Down or the Outpatient Clinic.

6. TERM OF AGREEMENT

The agreement and all of its provisions expire when all AFSCME employees at LDC have either accepted a position at another DDS facility, another State department, accepted a Warm Shut Down position, accepted an Outpatient Clinic position, or have been laid off or otherwise separated from State service.

This agreement will be effective upon signature of the parties and approval by the California Department of Human Resources (CalHR).

TA'd

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