Non-Sworn Contract

This Agreement, by and between the Sarpy County Sheriff, hereinafter referred to as the Sheriff, County of Sarpy, Nebraska, hereinafter referred to as the County, and the Fraternal Order of Police Sarpy Lodge No.3 Non-Sworn, hereinafter referred to as the F.O.P., is designed to promote and strive to maintain a working agreement between the Sheriff, County and the F.O.P.

For the purpose of this Agreement, the following words, terms and phrases shall be construed in accordance with the definitions assigned to them unless the context in which the same shall be used would otherwise necessarily require a different definition:

OFFICE shall mean the Sheriff's Office and all its Divisions of the County of Sarpy, Nebraska.

• A.EMPLOYEE shall mean all non-sworn classified employees of the Sheriff's Office of the County of Sarpy, Nebraska, as defined in Nebraska State Statutes Section 23-2519.
• B.TENURED EMPLOYEE, pursuant to Neb. Rev. Stat. 23-2528, shall mean an employee who, after satisfactory completion of their Introductory Probationary Period under the PRR, has acquired the rights and privileges of employment in the classified service.
• C.PROBATIONARY EMPLOYEE shall mean an employee who has not completed his or her twelve (12) month Introductory Probationary Period under the PRR after the employee’s classified appointment. Notwithstanding anything to the contrary, probationary employees may be separated from employment for any lawful reason with or without cause and may not grieve or appeal disciplinary actions. Aside from disciplinary actions, probationary employees shall have the same rights to grieve and appeal as tenured employees.
• D.ESSENTIAL PERSONNEL shall mean all non-sworn employees who are determined by the Sheriff or his designee as mandatory to run staff operations, but may vary depending upon circumstances.
• E.NON-ESSENTIAL PERSONNEL shall mean all non-sworn employees who are determined by the Sheriff or his designee as not mandatory staff to run operations, but may vary depending upon circumstances.

SHERIFF shall mean the duly elected/appointed Sheriff of the County of Sarpy, Nebraska.

COUNTY shall mean the County of Sarpy, Nebraska.

FOP shall mean the Fraternal Order of Police, Sarpy Lodge #3, Non-Sworn

FULL-TIME EMPLOYEE shall mean an employee who is regularly scheduled to work an average of forty (40) hours per week. The forty (40) hours of time will consist of hours worked, which may include accumulated sick, compensatory, vacation or any other approved leave.

PART-TIME EMPLOYEE shall mean an employee who works a job which normally requires less than 40 hours of work per week. Both parties recognize the County’s legal obligation to comply with the provisions of the Patient Protection and Affordability Care Act and its resulting regulatory requirements. As such, employees meeting the definition of 30 or more hours of service per week during the applicable measurement period are entitled to medical insurance benefits.

POSITION CLASSIFICATION shall mean the name or job title of the position an employee occupies based on the employee’s duties and responsibilities.

RETIRE OR RETIREMENT shall mean a tenured employee who voluntarily leaves employment of Sarpy County on or after their 55th birthday and is eligible for Sarpy County retirement benefits.

The County recognizes the F.O.P. as the sole and exclusive collective bargaining representative of the employees of the Sheriff's Office, excluding the Chief Deputy and Sheriff.

Official Distribution Lists. The F.O.P. President shall be included on the Distribution List for all present Standard Operating Procedures (SOP’s) and Personnel Rules and Regulations or revisions thereof.

The Sheriff and the County shall retain any and all authority and powers as employers as granted to them by Nebraska law except as provided in this Agreement. Except where expressly limited, nothing in this Agreement shall be construed to restrict, limit, or impair the rights, powers, and the authority of the Sheriff and the County. The F.O.P. acknowledges the concept of inherent management rights. These rights, powers and authority of the County and the Sheriff include, but are not limited to, the following:

• A.The right to determine, effectuate and implement the objectives and goals of the County or the Sheriff’s Office.
• B.The right to manage and supervise all operations and functions.
• C.The right to create, establish, allocate, schedule, assign, modify or discontinue any County or Sheriff’s Office function, operation, division, or department or any position or work shift.
• D.The right to establish, modify, change and discontinue work standards.
• E.The right to hire, examine, classify, promote, train, transfer, assign and retain employees, and the right to suspend, demote, discharge or take other disciplinary action against employees, for just cause, and to relieve employees from duties due to lack of work, funds or other legitimate reasons.
• F.The right to increase, reduce, change, modify and otherwise alter the composition and size of the work force.
• G.The right to adopt, modify, change, enforce or discontinue existing rules, regulations, procedures and policies not in direct conflict with any provisions of this agreement.
• H.The County and the Sheriff have the right to plan, direct, control, reduce and terminate operations; to determine the nature of services to be supplied and to determine the extent to which such services will be provided; or the scheduling of service and the methods, processes and means of service.
• I.The Sheriff has the right to establish, modify, and discontinue drug, alcohol and controlled substance testing rules, standards, and procedures; the right to introduce any new or improved methods or facilities; the right to establish and implement a performance appraisal system; and the right to select any and all equipment and materials to be utilized in the operation of the Sheriff's Office.
• J.The Sheriff also reserves the right to laterally transfer any employee, including those in specialty positions, to another assignment, unit or division, provided that the employee's hourly base wage doesn't change. The Sheriff also reserves the right to add or remove an employee from a specialty unit. (The Sheriff will continue to comply with Article 10, Non- Discrimination). All other additional pay or compensatory time received for specialty positions, holidays, court appearances, overtime, etc., shall not be considered a part of hourly base wages for the purposes of this Article.
• K.In accordance with Rule 2, Regulation 4, Section 8 of the Personnel Rules and Regulation, for certain jobs, the County shall require job-related physical examinations. The examinations will only be scheduled after a conditional job offer has been extended and accepted by the final candidate in compliance with the Americans with Disabilities Act. The County and the Sheriff reserve the right to require physical examinations (fitness for duty exams) when there is a need to determine whether an employee is still able to perform the essential functions of the job or for concerns regarding the safety and protection of the employee or others.

The County shall permit the F.O.P. to use bulletin boards designated by the Sheriff in the assembly rooms and off-site facilities for posting of F.O.P. meetings and elections, reports of F.O.P. committees and other notices or announcements that would be of benefit or interest to the employees.

Posted notices shall not contain anything political or anything reflecting adversely upon the County or any of its employees. Materials posted should be timely and current. If information is outdated by more than ninety (90) calendar days the County or the Sheriff has the right to remove the materials from the bulletin boards.

The bulletin board provided shall be for the exclusive use of the F.O.P.

The County will permit the F.O.P. use of one ballot box, designated by the Sheriff, in the designated assembly rooms, for use in F.O.P. elections. No employee shall participate in any F.O.P. election, in any manner, during his/her tour of duty. Any F.O.P. authorized violation of this section shall entitle the County to cancel immediately the provisions of this section and prohibit further use of the ballot boxes.

Informal Complaints. When employees feel dissatisfied with an aspect of employment over which they have no control and when they desire remedial action, they are encouraged to present the problem informally to their immediate supervisor. If not resolved at this level, employees can discuss the matter with their chain of command or file a grievance Employees shall be assured freedom from discrimination, coercion, restraint, or reprisal in presenting complaints. This Article shall not suspend time limitations for the filing of a grievance or appeal.

Grievance Procedure. Employees shall have an opportunity to formally address non-disciplinary issues arising out of the PRR, County policies, and/or this Agreement. The Grievance Procedure provides a method for the resolution of grievances without discrimination, coercion, restraint, or retaliation against those employees who submit, consider submitting, or are involved in a grievance procedure. This Article shall not be used to change any portions of the Agreement or the PRR. A grievance is defined to be any disagreement concerning the interpretation or application of the specific and expressed provisions or terms of County policies, this Agreement, or the PRR not relating to discipline. Employees, or their representative, may withdraw a grievance at any time during this Grievance Procedure. Such withdrawal shall be indicated on the Grievance Form. Any time limitations for this Article may be waived or extended in writing by mutual agreement of the parties involved. Employees choosing to file a grievance are to complete a Grievance Form. When filling out the form, the following information must be stated with reasonable clarity:

• A.Nature of the grievance,
• B.Act or acts of commission or omission,
• C.Date of the act or acts,
• D.Identity of the party or parties who claim to be aggrieved,
• E.Identify of the party or parties alleged to have caused the grievance,
• F.Specific provisions of the PRR, County policies, and this Agreement that are alleged to have been violated, and
• G.Remedy sought. Grievances shall be processed in the following manner: Step 1: Aggrieved employees shall present the Grievance Form to the Chief Deputy or his/her designee within 15 calendar days from the date on which they became aware of or should reasonably have been aware of the incident giving rise to the grievance. The Chief Deputy shall address the nature of the grievance and note the specific reason for accepting or denying the grievance by writing their response on the Grievance Form. The Chief Deputy will return the signed form to the aggrieved employee within 15 calendar days. Step 2: If satisfactory settlement is not reached under Step 1, aggrieved employees, or their representative, or the Chief Deputy shall submit the Grievance Form to the Human Resources Director for appeal to the Personnel Policy Board. This submission must occur within 15 calendar days from the date the employee receives the Chief Deputy’s response in accordance with Step 1. The Board shall hold a Hearing on the matter within 30 calendar days, insofar as a quorum can be achieved, after receipt of the grievance by the Human Resources Director. Refer to Rule 1: General Provisions, Regulation 5: Personnel Policy Board Hearings for specific details. The decision of the Board shall be final and binding on all parties; however, this does not prevent either party from pursuing further actions as allowed for by law.

An aggrieved employee shall have the right to process his/her grievance individually or with the assistance of the FOP. The FOP Board of Directors may also assign a case representative. Time limitations can be waived or extended by written mutual agreement of the parties.

Nothing in this Agreement shall prohibit both parties from reaching an agreement or settlement in a manner not outlined in this Agreement. However, all time limits and pertinent sections of this Agreement and State Statutes shall be strictly adhered to when processing a grievance in accordance with this Agreement.

Employees who voluntarily resign or retire their employment with the County shall have any pending grievances immediately withdrawn and will not benefit by subsequent settlement of disposition of any grievance.

No remedy shall exceed restoring to the employee the pay, benefits, or rights lost as a result of the violation of the Agreement.

No tenured employee shall be disciplined without the element of just cause.

The Sheriff reserves the right to conduct internal affairs and line investigations and the County Personnel Policy Board, as outlined in Neb. Rev. Stat. 23-2522, reserves the right to conduct personnel investigations to uncover the facts in each case but expressly agree to carefully guard and protect the rights, privacy and dignity of the accused employees. Employees shall fully cooperate with an investigation and shall not withhold any information that may be relevant to the investigation.

In conducting investigations the Sheriff and/or the County will not knowingly commit any act that deprives the employee of any statutory or constitutional rights or privileges.

Investigations:

• A.Before an employee is questioned or interviewed concerning an investigation, he/she will be informed about the nature of the investigation in writing, and whether he/she is the subject of the investigation or a witness.
• B.Interviews and questioning of employees will be conducted in a professional manner. Statements from employees will not be taken in a coercive manner. Departure from the truth during an investigation shall be considered just cause for discharge.
• C.When an employee is being questioned about possible criminal matters and it has been determined that any self-incriminating statements that the member makes will not be used against him/her in a criminal prosecution, "Garrity" warnings will be given to the employee. “Garrity v. New Jersey, 385 U.S. 493 (1967).”
• D.Tenured employees who are the subject of an investigation shall, upon request, (i) have the right to union representation, and (ii) receive a copy of their written or recorded statement at no cost to the employee no less than 24 hours prior to their “Loudermill” hearing. “Loudermill v. Cleveland Board of Education, 470 U.S. 532 (1985).”
• E.Upon the conclusion of an investigation against him/her, the accused employee who had prior notification of an investigation shall be notified in writing about the case's outcome.
• F.After a date has been jointly scheduled, during interviews and hearings related to internal affairs and line investigations, employees have the right to the presences of one (1) attorney representative and one (1) non- attorney FOP member representative during the interview or hearing, if the employee chooses. The scheduled date shall not be changed except by mutual agreement.
• G.In the event that the County or the Sheriff or his/her designee shall make any statement to the press regarding an investigation or an incident involving an employee, the name and photograph of the employee(s) involved shall not be disclosed unless the identity has already been published by established media. Furthermore, the FOP shall be permitted to make statements to the press at their discretion.
• 1.The Sheriff or his/her designee can make a formal request to the involved employee(s) to waive this right.
• 2.If an employee is terminated, the Sheriff or his/her designee may release the name and photograph of the terminated employee if a public statement about the conduct of the terminated employee is deemed by the Sheriff as necessary to be released.

Employees shall comply with all existing work rules, provided that the rules the employees believe are in conflict with the terms of this Agreement or situations in which the rules are not being uniformly applied may be grieved by the employee; however, the employee will comply with such rules until they are found, through the grievance procedure, to be conflicting or inappropriately applied, except in those situations in which the employee reasonably believes there to be an immediate and substantial safety hazard.

Performance Evaluations:

• A.If the Sheriff decides to conduct performance evaluations of employees, such evaluations shall be conducted on a regular basis, and fairly and adequately cover the duties and responsibilities of each employee. In that event, the employee will be provided with a copy of the evaluation used and the Sheriff agrees to discuss with the employee all terms contained in such evaluation. The employee shall have the right to add pertinent information or brief comments to any evaluation and to have such comments or information attached to such evaluation within ten (10) calendar days of receipt of said evaluation.
• B.Any investigation with an outcome of Unfounded or Exonerated shall not be referred to in a performance evaluation.
• C.Performance evaluations will be maintained on a confidential basis with access available only to the employee, the employee's supervisors, and authorized members of the Sheriff's Office Command staff. Performance evaluations may be forwarded to authorized members of Human Resources and a Department Head, when an employee has applied for a position in a different Department or Office.

Personnel Files:

• A.Only one personnel file shall be maintained at the Sheriff's Office for each employee (hereinafter “personnel file”) but shall be accessible to authorized members of the Human Resources Department. The Human Resources Department also maintains a file on each employee that contains payroll and benefit information. Every employee may, during his/her non-duty hours and during regular office hours of the Sheriff's Office or Human Resources Department, inspect his/her file at such office and shall be allowed to make copies of anything contained therein.
• B.Any employee shall have the right to respond in writing to any adverse comment or incorrect information contained in his or her personnel file. Such comments shall be kept in the employee's personnel file as long as the challenged comment or information remains in the file.
• C.Documentation reflecting disciplinary action or performance assessments shall not be placed in an employee's personnel file without the signature of the employee verifying knowledge of the existence of such information. Employees have no right to refuse to verify their knowledge with their signature.
• D.The County agrees that pre-employment background investigations, psychological evaluations, and polygraphs will be kept confidential and will not be deemed part of the employee's personnel file.
• E.If an employee receives a disciplinary action letter, the letter must be inserted into the employee's personnel file.
• F.Any documentation representing disciplinary action shall remain active for progressive discipline and promotion evaluation purposes for the time periods listed below.

It shall be the employee's responsibility, after the appropriate time, to request the removal of any inactive documentation. Any documentation representing disciplinary action that becomes inactive shall be removed from the employees' personnel file after the time period listed above and placed in the employee’s inactive discipline file. In the event of a recommended termination, all previous disciplinary action even if inactive as outlined above may be taken into consideration.

Discipline. Disciplinary action by the Sheriff shall be imposed for just cause only. Disciplinary action may include any of the following:

• A.Counseling
• B.Admonishment
• C.Reprimand
• D.Suspension
• E.Demotion
• F.Termination

Tenured employees facing a suspension, demotion or termination are entitled to a pre-disciplinary “Loudermill” meeting. “Loudermill v. Cleveland Board of Education, 470 U.S. 532 (1985).” The employee must be personally notified about the meeting at least forty-eight (48) hours beforehand. Even if the notification is given verbally, a written notice shall be immediately available at the Sheriff's Office for the employee. If the employee chooses not to pick up the written notice before the pre-disciplinary meeting, it shall be given to him/her at the commencement of the meeting. The following information shall be given to the employee during the notification:

• A.Charges brought against the employee.
• B.Description of the act, omission or performance that may result in disciplinary action (A copy of the materials which the recommended disciplinary action is based upon may be attached to the notice).
• C.Type of disciplinary action recommended. During the pre-disciplinary meeting, the employee shall be given the opportunity to be heard and to respond to the charges. Employees may waive the pre-disciplinary meeting by notifying the Sheriff or Chief Deputy in writing prior to the start of the meeting. During a pre-disciplinary meeting, tenured employees have the right to be represented by: (1) one (1) FOP representative and/or (2) a FOP attorney at the FOP’s cost, or (3) an attorney of his/her choice at the employee’s cost.

Tenured employees shall not have a disciplinary action imposed more than once for a single incident; however, discipline for each additional act of the same or similar nature may be imposed.

Unless otherwise specifically provided in this Agreement, both parties shall follow the provisions of the rules and regulations of the Sarpy County Sheriff's Office and the Personnel Rules and Regulations in effect at the time of the violation with regard to any disciplinary action taken against an employee.

The Sarpy County Sheriff's Office will impose disciplinary action in accordance with this Agreement and the Personnel Rules and Regulations.

Tenured employees will be notified in writing of a disciplinary action through a Disciplinary Action Letter. They will be given the opportunity to read, sign, and be given a copy of the Disciplinary Action Letter before it is placed in their personnel file.

APPEALS FOR DISCIPLINARY ACTIONS. Tenured employees may appeal the following directly to the Personnel Policy Board:

• A.Receipt of three (3) written reprimands, involving the same subject matter, within a 12 consecutive-month period,
• B.Suspension,
• C.Demotion for cause, and
• D.Termination. Tenured employees shall present their Appeal Form to the Human Resources Director within 15 calendar days from the date on which they became aware of the disciplinary action decision. The Human Resources Director shall forward the Appeal Form to the Sheriff. The Personnel Policy Board shall hold a Hearing within 30 calendar days, insofar as a quorum can be established, in accordance with Rule 1: General Provisions, Regulation 5: Personnel Policy Board Hearings. The decision of the Board shall be final and binding on all parties; however, this does not prevent either party from pursuing further actions as allowed for by law. Any time limitations provided under this Article may be waived or extended in accordance with Rule 1: General Provisions, Regulation 5: Personnel Policy Board Hearings.

In the event that the outcome of a disciplinary action results in suspension, the employee may elect to use accumulated compensatory time in lieu of a decrease in pay for the number of suspension hours imposed in the discipline.

Employees are prohibited from working overtime during the same pay period that a suspension occurs unless overtime is approved by the Sheriff or the Chief Deputy.

Continuous length of service shall mean service with the Sheriff’s Office without a break or interruption. The following shall constitute a break or interruption and seniority will be frozen for the entire duration of the break or interruption, which will also affect any other provision of seniority:

• A.Suspension for disciplinary purposes for more than thirty (30) calendar days.
• B.Authorized leave of absence for more than thirty (30) calendar days (with or without pay) but less than one year, except absences while complying with FMLA as described in Article 12, Section 8, or USERRA as described in Article 12, Section 3. less than one year.
• C.Layoff for more than thirty (30) calendar days.
• D.Employees who ceased employment and then were rehired within less than ninety (90) days. Employees that have separated from service for more than ninety (90) days will be treated as a new employee if rehired.

Seniority, as it applies to full-time employees relative to granting employees preference for holiday and vacation leave, shall be based on continuous length of service with the Sheriff’s Office.

Seniority, as it applies to full-time employees relative to bidding for duty shifts, shall be based on continuous length of service in that particular classification. Employees that demote voluntarily, or are demoted for cause, shall retain their seniority earned in the higher classification(s).

A list of employees arranged in order of seniority shall be maintained and made available for examination by employees. The seniority list will be revised and updated as needed by the Sheriff’s Administrative Division.

Where two (2) or more employees in the same position classification are appointed or promoted on the same date, their seniority standing shall be determined by the order of ranking of the employees’ Assessment Score Certified List from which the employees’ appointments or promotions were made.

Whenever a reduction in work force becomes necessary, layoffs shall be made on the basis of seniority with the Sheriff's Office. The employee lowest on the seniority list shall be the first laid off and the last to be recalled. The F.O.P. shall be notified in advance of any anticipated lay-off to allow the F.O.P. to work closely with the County and/or Sheriff’s Office to correctly align the determining conditions of the lay-off.

If employees are to be laid off, a fourteen (14) calendar day written notice shall be given prior to the effective date of the layoff.

No full-time employee shall be laid off from any position classification while there are probationary, part-time or temporary employees working in the same position classification.

In the event that an employee becomes subject to lay-off in his/her particular position classification, and is qualified to perform duties in a lower position classification, he/she shall be permitted to take a position in the next lower position classification at the lower position classification's rate of pay that is closest to the employee’s current rate of pay and any employees in the lower position classification subject to lay-off by virtue of the provisions of this Section, shall be laid off in accordance with the provisions of Section 1 hereof.

In the event that an employee becomes subject to lay-off in his/her particular position classification and a vacancy exists in a position of lower position classification for which he/she is qualified, he/she may, with the approval of the Sheriff, or his/her designated representative, be appointed to such position in a lower position classification on the basis of his/her seniority.

The names of regular employees who have been laid off shall be placed on a lay-off list maintained by the Sheriff. The Sheriff shall rehire in the reverse order of the lay-off for the applicable position classification, provided such employees are otherwise qualified to perform the duties of the position. No new employees will be hired by the Sheriff as long as there are employees laid off who have seniority who are immediately capable of performing all of the essential functions of the position.

Where an employee has accepted a position in a lower position classification by virtue of Sections 4 or 5 hereof, he/she shall be recalled to his/her former position when the same becomes available in the reverse order of reduction.

The parties hereby agree not to discriminate on the basis of any protected class under federal, state, and local law.

The parties hereby agree that no officers, agents, representatives, members or anyone connected with either party shall in any manner intimidate, coerce, restrain or interfere with the rights of employees to form, join or assist labor organizations, or to refrain from any of these activities, including the right of employees to withdraw, revoke or cancel F.O.P. membership.

OUTSIDE EMPLOYMENT WITHOUT UNIFORM: Employees shall be entitled to engage in outside employment which does not require the use of the official uniform as defined in the Sheriff’s Office Standard Operating Procedures if the outside employment meets the following criteria:

• a.is neither prohibited by the provisions of this Agreement nor the Sheriff’s Office’s Standard Operating Procedures
• b.the duties of the outside employment do not constitute a conflict of interest nor conflict with an employee's performance of his duties with the County
• c.prior approval is obtained by the employee from the Sheriff using the “Off- Duty Employment Request Form.” Outside employment requests must be resubmitted and renewed every six (6) months.

All full-time employees shall earn paid vacation leave earned on a pay period basis in the following amounts based on continuous years of service with Sarpy County:

Upon completing:

• A.Vacation may be taken during the employee’s first year of service with approval by the Sheriff or his/her designee in their sole discretion.
• B.Part-time employees shall earn vacation leave at the level associated with their years of service for every 80 hours worked. Employees who separate from county service shall be paid their earned but unused vacation at their regular rate of pay at the time of separation. For separations due to death, payments will be made in accordance with state law. Upon approval of the Sheriff, a retiree may choose to use up to eight (8) weeks of accumulated vacation or compensatory time prior to the retiree’s date of retirement. During such period, the retiree will be considered an employee exercising the appropriate paid time off. Upon retiree’s date of retirement all unused vacation leave, compensatory time and other pay will be paid out in a lump sum payment. Regularly scheduled days off and holidays occurring during vacation leave shall not be charged against vacation leave. Accumulation of vacation leave shall be on a continuous basis and an employee may carry a balance of no greater than three-hundred and sixty (360) hours. Employees who have reached the maximum will stop accruing vacation until their balance drops below the three-hundred and sixty (360) hour maximum. The Sheriff’s Office will make every effort to accommodate vacation leave requests but reserves the right to deny an employee’s vacation leave request based on the staffing and scheduling requirements and efficient operations of the Sheriff’s Office. Vacation leave requests shall not be unreasonably denied. Requests for vacation must be approved by the employee’s supervisor. Seniority, as it applies to granting employees preference for vacation leave, shall be based on continuous length of service with the Sheriff’s Office as defined in Article 8. Seniority will only apply to those requests made more than forty-five (45) calendar days in advance of the requested leave date(s). An employee's leave request may be bumped if the requested leave is more than forty-five (45) calendar days away. Once the employee's request has reached the forty-fifth (45th) calendar day prior to the leave date(s), his/her request may no longer be bumped by seniority. Should two or more employees request vacation leave for the same date(s) and the requests were made forty-five (45) calendar days or less from the requested leave date(s), the first employee to request vacation leave will have preference. Full-time employees shall take precedence or have seniority over part-time employees regardless of length of service with the Sheriff's Office when it applies to vacation leave.

Civil Leave. An employee shall be given time off without loss of any pay if he/she is called to serve on a jury or a County Election Board. The employee may retain fees paid him/her for serving.

Military Leave. The Sheriff's Office will grant military leave with pay to any employee who is a member of the National Guard or any organized military reserve of the United States who is ordered to attend military training or receives a notification for active duty call-up. Military leave with pay will not exceed one hundred twenty (120) hours in one (1) calendar year. During this time, the employee shall receive his/her regular County pay and the compensation received for active duty training. If the amount of military leave requested exceeds one hundred twenty (120) hours in any one (1) calendar year, the employee may remain in a paid status by utilizing their accrued vacation compensatory time, or may request a leave of absence without pay. Employees are not permitted to use sick leave. If an employee chooses to use paid leave during their military leave, they will be considered an active employee and will continue to accrue and receive benefits under the same terms and conditions of other eligible employees. If an employee is on military leave without compensation from the County for more than thirty (30) consecutive days, insurance benefits will be extended according to the provisions of the Consolidated Omnibus Reconciliation Act (COBRA) regulations. All accumulated sick, vacation and compensatory time, if any, will be frozen, and the employee will not continue to accrue these benefits. Employees are not eligible for holiday pay while on unpaid military leave. However, the employee will not lose any seniority benefits, regardless of the duration of the military leave. The employee requesting military leave shall notify their supervisor immediately upon notification of orders to attend training or duty.

Sick Leave.

• A.Each full-time employee shall accrue nine and one/third (9.33) hours of sick leave for each completed month of service. Part-time employees shall earn sick leave on a prorated basis, based upon hours worked within each pay period.
• B.Sick leave for employees shall be accumulated up to a maximum amount of 1040 hours.
• C.Employees may use sick leave for a bona fide illness or injury; to supplement Workers Compensation payments; absence related to FMLA qualifying conditions such as pregnancy and childbirth; absence due to exposure to a contagious disease under circumstances in which the health of other employees or the public would be endangered by attendance on duty; absence for the treatment of drug or alcohol addiction if medically diagnosed by a licensed physician; and absence for medical or dental appointments. Sick leave may also be granted for illness of the employee's immediate family (spouse, child, parent, and parent-in-law) when the employee's attendance is required. Sick Leave may not be used for absences related to secondary employment without prior approval from the Sheriff.
• D.Annual Sick leave Conversion. An employee who has accumulated at least eight-hundred (800) hours of sick leave may convert up to one- hundred sixty (160) hours of sick leave at a ratio of one-half (1/2) to a maximum of eighty (80) hours to vacation or pay once per fiscal year. If the conversion is made at the time of separation (except for disciplinary cause), all sick leave conversions made under this section will be paid into their designated Health Reimbursement (“HRA”) Account if it meets the requirements listed in subsection F(4) below.
• E.Each part-time employee shall earn 4 hours of sick leave for each eighty (80) hours worked, not including overtime hours.
• F.Sick Leave Pay Out at Separation. Employees who separate from service (except for disciplinary cause) shall be paid sick leave in accordance with the following:
• 1.Employees shall be paid 50% of their accumulated sick leave to a maximum of four hundred (400) hours pay if they have ten (10) or more years of service.
• 2.Employees shall be paid 25% of their accumulated sick leave to a maximum of two hundred (200) hours pay if they have successfully completed their introductory probationary period and have less than ten (10) years of service.
• 3.Employees who are terminated for disciplinary reasons shall not be eligible for any sick leave payment.
• 4.Except for separations due to death, sick leave payouts worth over $500.00 shall be deposited into the employee’s designated Health Reimbursement Arrangement (“HRA”) Account. The employee shall be responsible for all costs and fees associated with the implementation and administration of the employee’s HRA accounts, and the county shall bear no costs in relation to said HRA account. Sick leave payouts worth $500.00 or less shall be made as a cash payment. The County shall make an additional HRA contribution for employees with at least one year of service in the amount of $30 per month beginning the first full month following 30 days after Board approval of the ratified Agreement.
• 5.Payments due to death shall be made in accordance with state law.
• 6.Sick leave payouts shall be based upon the employee’s regular rate of pay at the time of separation.
• G.Employees shall advise their supervisors immediately when it is necessary to be absent from work on account of a non-FMLA sickness and they shall keep their supervisors informed of their condition. Failure to fulfill these requirements may result in denial of sick leave.
• H.At the end of each calendar year, an employee may elect to have ten (10) hours of sick leave deducted from the total sick leave accumulation for the employee and is credited to a Sheriff's Employee Sick Leave Bank. The Sick Leave Bank is administered by a committee composed of two (2) representatives appointed by the Sheriff and two (2) representatives appointed by the F.O.P. to permit extension of sick leave benefits for employees who exhaust their sick leave accumulation and compensatory time accumulation in the event of a serious health condition. The Committee so appointed will meet and promulgate policies and procedures for the administration of the fund. Employees are not eligible to participate in Sarpy County’s “Catastrophic Illness Leave Donation Policy” outlined in the Sarpy County Personnel Rules and Regulations.

Job-Related Injuries and IOD Payments.

• A.Employees are covered by Worker's Compensation as provided by the law of the State of Nebraska. Employees shall be eligible for a supplemental payment, also known as an injury on duty payment (“IOD payment”), by the County if they are injured in an incident while at work for Sarpy County for up to ten (10) working days but no more than 80 hours, except for injuries that are a direct result of high-risk duty incidents.
• B.For injuries that are a direct result of high-risk duty incidents, employees shall be eligible for an IOD payment by the County for up to one hundred eighty (180) days. In certain extenuating circumstances, the Sheriff or his/her designee in his/her discretion may extend an employee’s high-risk duty IOD payment status for up to an additional one hundred eighty-five (185) days.
• 1.A high-risk duty incident shall mean an incident with a person who is engaged in an act of violence, while at work for the Sarpy County Sheriff’s Office.
• 2.An act of violence shall mean the use of physical force that causes or is intended to cause harm to persons or property.
• C.IOD payments shall be in amount equal to the difference between the average weekly wage, as calculated for Worker's Compensation purposes, and the amount of the weekly Worker's Compensation benefit the employee receives. Upon the approval of a lump sum settlement by a court of competent jurisdiction, the County shall not provide IOD payments to the employee. The employee shall not be entitled to an IOD payment under this section in an amount that, when added to any Worker's Compensation benefit and/or any wage or salary compensation received from Employer, result in the employee receiving total compensation greater than the average weekly wage for the applicable period.

Leave of Absence Without Pay (Non-FMLA). A leave of absence without pay is an approved temporary absence from duty in a non-pay status which has been requested by the employee in writing, to be used for medical or personal reasons. The term does not cover an unpaid disciplinary suspension, an absence for which leave has not been approved, or non-pay status during hours or days for which an employee would have been compensated had they not exhausted their paid leave balance. In order to be eligible for a leave of absence without pay, the employee must have exhausted all appropriate paid leave. The unpaid leave of absence shall only be authorized by the Sheriff at his/her discretion. Unpaid leaves of absence for personal or non-FMLA medical reasons may not generally exceed thirty (30) calendar days. Unpaid leave requests of more than thirty (30) days, will be evaluated on a case-by-case basis. During a leave of absence without pay, the employee:

• A.Is responsible for the total premium payment of all insurance coverages falling due during any month the employee is not on the payroll, unless the employee is covered under the FMLA. Employees not covered under the FMLA will be offered benefits through COBRA.
• B.Will not accrue paid leave benefits, nor are they eligible for holiday pay or any other compensation or reimbursements.
• C.Will not accrue additional seniority. Failure on the part of the employee to report promptly upon the expiration of the leave, without good cause, shall be cause for separation and the employee shall be considered to have resigned.

No Call, No Show. Any unauthorized absence of an employee from duty shall be deemed to be an absence without pay and may be made grounds for disciplinary action up to and including termination of employment. Employees who are absent for two (2) or more consecutive shifts without authorized leave shall be deemed to have resigned. Such absence may be excused, however, by the Sheriff by a subsequent grant of leave with or without pay where extenuating circumstances are found to have existed.

Bereavement Leave. Bereavement leave shall be time off granted to an employee in the event that a family member, as specified in this Section, passes away. The purpose of bereavement leave is to allow employees to grieve, attend funeral services, or a memorial. Bereavement leave begins when the employee and Division Commander schedule the period of allotted calendar days. Bereavement leave of up to five (5) consecutive calendar days will be granted to employees for the bereavement of the following current family member group: spouse; child related by blood, marriage or adoption; father; mother; brother or sister. Bereavement leave of up to four (4) consecutive calendar days will be granted to employees for the bereavement of the following current family member group: grandmother, grandfather, grandchildren, father-in-law, mother-in-law, son-in-law or daughter-in-law. Funeral leave of one (1) calendar day will be granted to employees for the bereavement of the following current family member group: aunts, uncles, nephews, nieces and the following in-laws: grandfather, grandmother, sister or brother. At the discretion of the Sheriff, additional calendar days of bereavement leave may be granted. Additionally, the employee may submit a request to use bereavement leave non-consecutively, and the Sheriff may approve or deny the request in his/her discretion. Notification to the immediate supervisor, or the Assigned Duty Commander (ADC) in the event the immediate supervisor is not available, shall be given by the employee as soon as possible prior to leave.

Family Leave. Employees eligible for Family and Medical Leave shall refer to the Sarpy County Family and Medical Leave Policy.

Employees shall be granted the following paid holidays, along with any other days specifically designated by the County as a county-wide holiday for all county employees:

Labor Day Upon the written request of the employee, a floating holiday may be granted by the employee's supervisor only when that request does not create an overtime situation that can be foreseen at that time. Floating holidays shall not be carried over into the subsequent fiscal year and shall not be paid out upon separation of employment.

12-Hour Shift Employees.

• A.For employees regularly assigned to a 12-hour shift schedule (“shift employee”), “Holiday Date” shall be defined as the date of the actual holiday.
• B.Shift employees working regularly scheduled shifts that begin on a Holiday Date shall be compensated at the rate of two and one-half (2½) times the regular rate of pay for the actual number of hours worked.
• C.If a shift employee is authorized to take the day off, the employee shall receive “Holiday Time Off” pay for the same number of hours they would have normally worked during their regularly scheduled shift at their regular rate of pay. Holiday Time Off will only apply if the employee’s regularly scheduled shift that they are taking off begins on a Holiday Date.

All Other Employees.

• A.For all other employees, “Holiday Date” shall be defined as (1) the date of an actual holiday falling on a weekday (Monday through Friday) and (2) the date of an observed holiday when the actual holiday falls on a Saturday or Sunday. Whenever a holiday falls on a Sunday the following Monday shall be observed as the holiday. Whenever a holiday falls on a Saturday the preceding Friday shall be observed as the holiday.
• B.Employees shall take “Holiday Time Off” on the Holiday Date whenever it falls on the day of their regularly scheduled shift. The employee shall receive “Holiday Time Off” pay for the same number of hours they would have normally worked during their regularly scheduled shift at their regular rate of pay, except as provided in Section 4 below.
• C.If authorization is granted by a Division Commander, employees who work their regularly scheduled shift falling on a Holiday Date shall be compensated at the rate of two and one-half (2½) times the regular rate of pay for the actual number of hours worked.

Employees working a 10-hour shift schedule shall revert to an 8-hour shift schedule during the week of a Holiday Date.

Whenever a Holiday Date occurs on a full-time employee's regularly scheduled day off, such employee shall receive holiday compensation on the basis of eight (8) hours of pay at regular time. A part-time employee who works an average of sixteen (16) hours or more per pay period shall receive holiday pay if the Holiday Date occurs on his/her regularly scheduled day off. Compensation for a Holiday Date shall be based on the average daily hours worked in the last six (6) pay periods. A part-time employee who works an average of less than sixteen (16) hours per pay period shall not be entitled to this benefit.

Employees “called out” to work on a Holiday Date shall be compensated at the rate of two and one-half (2½) times the regular rate of pay for the actual number of hours worked plus 8 hours of holiday pay at their regular rate of pay.

Whenever a Holiday Date falls during an employee's authorized paid leave, it shall not be charged against the employee's authorized paid leave.

Employees who are absent without using paid leave on their scheduled workday that immediately precedes or follows the Holiday Date shall not be entitled to holiday pay or other provisions of this Article.

Employees may elect to receive compensatory time off as provided in Article 19, Section 7.

Employees electing holiday pay shall be paid no later than the next pay period available following the holiday.

All promotions to fill existing positions within the Sheriff’s Office shall be posted and selection shall be awarded from the ranks of such employees whenever practicable and in the best interest of the Office. Promotions shall be awarded in strict accordance with the PRR.

An employee who is promoted shall receive a minimum of 5% increase in pay and shall go to the pay level that meets this requirement.

If an employee is demoted without cause to a position for which he/she is qualified, the demoted employee shall receive a pay rate in the lower position classification that provides the smallest decrease in pay. If the demotion is for just cause, the Sheriff may set the demoted employee's pay at any appropriate rate, as designated by the Sheriff, within the lower position classification. If an employee is demoted upon his/her request, his/her pay rate in the lower position classification scale should be set as though the employee had never been promoted.

Vacant positions shall be filled no later than ninety (90) calendar days from the date the vacancy occurred unless the position is eliminated at the Sheriff’s discretion. The ninety (90) day period may be extended upon a mutual agreement in writing between the Sheriff and the F.O.P.

The Sheriff and the F.O.P. shall appoint two (2) members for F.O.P. Lodge No. 3 to the county-wide Safety Committee. At least one (1) F.O.P. member shall attend the county-wide Safety Committee meetings.

F.O.P. officials, as determined by the F.O.P. President, shall be granted leave from duty with full pay at their regular hourly rate for the purpose of negotiations and administration of this Agreement. Administration of the Agreement shall be defined as grievance, discipline meetings, language interpretation, meetings with departmental employees, and individuals associated with this Agreement. The Sheriff shall be notified of all leave granted.

F.O.P. officials may be granted leave with pay for the purpose of attending F.O.P. meetings, conventions, educational conferences or conducting F.O.P. business, when it has been determined by the Sheriff that such absences will not hinder the effective operation of the Sheriff's Office. Such leave shall be contingent upon written request by the F.O.P. and approval by the Sheriff or his/her designee no less than one week in advance of the requested leave dates. Such leave shall not exceed eighty (80) hours per fiscal year for the entire F.O.P.

The County shall provide replacement articles as necessary for damage to or loss of clothing, equipment or personal items occurring while in the performance of duties and determined to be necessary to the performance of the employee's duties. Requests for reimbursement shall be submitted in writing and accompanied by proper documentation. Personal property claims will be reviewed by the Sheriff and will be paid or denied on the basis of reasonableness.

Reimbursement:

• A.Each fiscal year (July 1st), certain position classification of employees are entitled to be reimbursed up to following monetary amounts for substantiated claims pertaining to the purchases and maintenance of clothing and equipment required in the performance of their duties but are not adaptable or acceptable for general use:
• 1.Full-time non-sworn/non-support employees $660
• 2.Newly hired Part-Time non-sworn/non-support employees (maximum amount allowed in the first fiscal year of hire) $555
• 3.Part-time non-sworn/non-support employees $330
• B.Uniform reimbursement shall only be granted to those employees required to wear a uniform by the Sheriff.
• C.Employees shall be required to submit itemized receipts for reimbursement within ninety (90) days of purchase. Reimbursements must be submitted no later than June 1st of each calendar for fiscal year end processing. Any substantiated receipts submitted after this date and within ninety (90) days of purchase may be carried forward and applied to the employee’s uniform and equipment reimbursement funds for the subsequent fiscal year.
• D.After an employee receives the maximum reimbursement amount for the fiscal year, employees may carry forward balances for submitted receipts and apply them to their uniform and equipment reimbursement allowance for one additional fiscal year (maximum of two consecutive fiscal years).

If there is a separation of employment, any final reimbursement shall be issued in accordance with the Sheriff's Office Standard Operating Procedures.

The workweek shall begin at 12:01 AM on Sunday and end at midnight on Saturday, with the exception of employees in the Juvenile Justice Center who are assigned to 12 hour shifts. The workweek for those JJC employees assigned to 12 hour shifts shall be determined by the Sheriff or his/her designee.

Full-time employees of the Sheriff's Office may be required to attend training outside of their regular scheduled duty time. Training is considered work time. If an employee is called into training and such time does not merge with his scheduled tour of duty, such employee shall be compensated for a minimum of two (2) hours at the rate of time and one-half (1½) or one and one-half (1½) times the actual number of hours worked, whichever is greater. Part-time employees who are required to attend training time during a time other than scheduled duty time, and such time does not coincide with the beginning or end of his scheduled tour of duty, shall be compensated for a minimum of two (2) hours times one (1) of his or her regular rate of pay. If the training time causes the total number of work hours to exceed 40 hours in a week, then the hours over 40 hours shall be compensated at a rate of time and one-half (1 ½ ) of his or her regular rate. The Sheriff may require an employee to flex his/her hours for training if given a minimum of one (1) calendar week notice. If an employee trains in-house during regular time off, flex time will be compensated at one and one-half (1½) times his/her regular rate of pay for the actual number of hours worked.

An employee shall be allowed a sixty (60) minute lunch period during an eight (8) hour shift. When austere manning or duty restrictions prevent an employee from taking a sixty (60) minute lunch period, the employee may receive sixty (60) minutes, or any portion therefore, of overtime pay or compensatory time. An employee who receives a paid lunch, but is required to work through lunch, shall be compensated at regular time. Employees who do not receive a paid lunch, but are required to work through lunch, shall be compensated at the rate of one and one-half (1½) times their regular hourly rate. The Sheriff shall retain the right to impose restrictions and limitations in those periods when an employee’s absence for a lunch period would jeopardize or otherwise detract from the efficient operation of a division of the Office.

Temporary shift hours are to be determined by the Division Commander, with approval of the Sheriff. Each shift designated may be varied not to exceed two (2) hours, at the sole discretion of the Sheriff, provided the employees affected are given a minimum of twenty-four (24) hours’ notice prior to the change of hours for the shift. The Sheriff may schedule permanent shifts of eight (8), ten (10), or twelve (12) hours.

Bi-Annual Shift Bidding. Employees working 12 hour rotating shifts are shall be allowed to bid for shifts. Shift bids shall be effective on the first full weekend of May and November of each year. Shift bids shall be awarded on the basis of seniority within the employee’s position classification and staffing needs in accordance to Article 8, however the Sheriff or designee reserves the right to change the shift bid assignments for each position classification in his/her sole discretion. If an employee is scheduled to be transferred, the Administration Division shall notify him/her at least thirty (30) calendar days before shift change. Shift bidding only concerns hours of work. Employees do not have the right to bid for assignments or specific shifts, e.g., A, B, C or D shift. The Sheriff and the F.O.P. shall establish the time period and procedures for bidding and scheduling days off.

Any vacancy or vacancies occurring in a shift or shifts between the scheduled changes in Section 5 of this Article may be filled by assignments of the Division Commander, provided the employees affected are given a minimum of twenty-four (24) hours’ notice prior to the change of hours.

During an emergency as declared by the Sheriff, employees' shifts, hours, and duties may be established and leave provisions may be cancelled or restricted at the discretion of the Sheriff. This does not include previously approved vacation leave and military orders for active duty.

The Sheriff may assign certain employees to standby duty that requires the employee to remain in contact with the Communication Center or A.D.C.

Earned Time Off. The work schedule for JJC employees regularly assigned to a 12-hour shift creates 42 hours of work in a seven (7) day pay period. In every seven (7) day workweek each such employee shall be required to take two (2) hours of ETO to account for the extra hours worked. A shift schedule ETO is assigned once during a seven (7) day work week by a supervisor to bring the number of hours worked by employees to forty (40). In the event employees are unable to take their ETO, they shall be compensated in accordance with Article 19, Overtime. The employer reserves the right to require that the employee utilize their ETO in conjunction with paid leave.

Overtime Pay. All employees shall be compensated at the rate of one and one-half (1½) times his/her regular rate of pay for the number of hours worked in excess of forty (40) hours per calendar week. Overtime shall not be paid twice for the same hours worked.

Call Out. If a full-time employee or a nurse is called to duty during off-duty time and such time does not coincide with his/her scheduled tour of duty, such employee shall be paid for a minimum of two (2) hours at the rate of time and one-half (1½) his/her regular rate of pay, or one and one-half (1½) times his/her regular rate of pay for actual number of hours worked, whichever is greater. Part-time employees who are called to duty during off duty time, and such time does not coincide with the beginning or end of his/her scheduled tour of duty, shall be compensated for a minimum of two (2) hours times one (1) of his/her regular rate of pay. If the call out hours causes the total number of work hours to exceed 40 hours in a week, then the hours over 40 hours shall be compensated at a rate of time and one-half (1 ½ ) of his/her regular rate. If the employee stays after the end of the shift, the time worked is not considered call out and the employee shall only be compensated at his/her regular rate of pay for the actual time worked. This also applies should an employee be called to court before or coinciding with the end of the employee's duty shift.

Standby and On Call Pay. If an employee is assigned to standby duty pursuant to Article 18, the employee shall be paid for one (1) hour of regular pay or compensatory time for each eight (8) hours of standby duty or any fraction thereof. An employee assigned to be on-call shall be paid one (1) hour of regular pay or compensatory time for each eight (8) consecutive hours on-call or any fraction thereof. An employee must be on-call a minimum of eight (8) consecutive hours to receive this benefit.

In calculating overtime pay, the following rules shall apply: Overtime compensation will be rounded to the nearest quarter (1/4) of an hour in all situations. For example, if an employee works seven (7) minutes past the end of his/her shift, he/she will not receive any compensation. If an employee works eight (8) minutes past the end of his/her shift, he/she will receive a quarter (1/4) of an hour of compensation. If an employee works twenty-two (22) minutes past the end of his/her shift, he/she will receive a quarter (1/4) of an hour of compensation. If an employee works twenty-three (23) minutes past the end of his/her shift, he/she will receive a half (1/2) of an hour of compensation.

Overtime opportunities in any Division shall be distributed equally within the Division so far as it is practical and possible. Supervisors shall not monopolize any work hours to the detriment of other employees.

Compensatory Time Off. An employee may elect to receive compensatory time off or pay for overtime or holiday hours earned. Non-sworn employees who elect to receive compensatory time shall be allowed to accumulate two hundred forty (240) hours. After reaching and maintaining two hundred forty (240) hours, further overtime shall be compensated as pay. Compensatory time will be at the rate of one and one-half (1½) hours’ time off to hours earned. Upon separation of employment, compensatory time shall be paid to the employee at the employee’s rate of pay at the time of separation

Under no circumstances shall an employee voluntarily work without compensation.

Employees working during the time that Daylight Saving Time ends or begins will be paid for actual hours worked. When Daylight Saving Time begins in the spring, employees who lose an hour during their scheduled work time may use one (1) hour of compensatory time or vacation time to make up the difference.

Only the Sheriff or his designee has the authority to close the Sheriff's Office during normal business hours. Therefore, the Sheriff's Office may remain open even if the Sarpy County Courthouse or other county facilities are closed. In general, all personnel are expected to work their regularly scheduled shift regardless of weather or emergency situations. Only the Sheriff or his designee has the authority to permit Essential or Non- Essential employees to be absent from work because of weather conditions or emergency situations.

Any employee required to attend as a witness or in any other capacity directly related to his official duties, any case pending in the Juvenile Court, County Court or District Court, or before any Grand Jury proceedings or in conferences with the County Attorney or their respective Assistants, or at any proceedings by any City, County, State or Federal Government or any of the subdivisions of agencies thereof, during off-duty periods, shall be compensated for a minimum of two (2) hours at the rate of time and one-half (1½), or one and one-half (1½) times the regular rate of pay for the actual number of hours worked, whichever is greater. When an employee is called as a witness in connection with his/her officially assigned duties and is given witness fees, the employee shall forward the fees to the Sheriff’s Office.

Employees attending training seminars, workshops, conferences or schooling approved by the Sheriff or designee shall be paid at their regular rate of pay while in attendance at such functions according to FLSA travel standards.

Employees shall be entitled to the compensation as set out in Section 1 of this Article pertaining to Notice of Court Hearing unless such employee is notified twelve (12) hours prior to the set time of said hearing that the hearing has been canceled. The employee shall be responsible check his or her work e-mail to determine if the hearing has been canceled.

Employees will be compensated in accordance with the Salary Schedule, effective July 1, 2025, as set forth in Appendix B which reflects a 4.0% wage increase for 2025-26, a 3.0 % wage increase for 2026-27, and a 3.0% wage increase for 2027-28.

Position classification levels shall be as follows: Sheriff’s Administrative Support Sheriff’s STOP Program Coordinator Sheriff’s Administrative Coordinator Sheriff’s Administrative Personnel Manager Sheriff’s Crime Analyst Sheriff’s Administrative Operations Manager Sheriff’s Senior Administrative Manager Sheriff’s Vehicle Inspector Sheriff’s Information Systems Manager Sheriff’s Information Systems Technical Support Sheriff’s Evidence/Property Technician II Sheriff’s Evidence/Property Technician I Sheriff’s Court Services Clerk Sheriff’s Entry Security Officer Sheriff’s Civil Process Server Sheriff’s Tow Lot Operator Sheriff’s Impound Lot Manager Sheriff’s Registered Nurse Sheriff’s Registered Nurse Supervisor Juvenile Services Staff Support Juvenile Services Administrative Office Coordinator Juvenile Services Officer Juvenile Services Senior Officer Juvenile Services Supervisor Juvenile Services Coordinator Juvenile Services Deputy Director Juvenile Services Director Sheriff’s Community Relations Coordinator Sheriff’s Lead Chaplain

Newly hired employees shall be placed at the entrance step of a salary range, unless the Sheriff overrides this rule in his/her discretion. Advancement from the entrance step to the maximum step within a salary range shall be based on performance and length of service as follows:

Part-time employees, shall progress to the next step upon reaching their anniversary date, and every year following until they reach Step 8.

Voluntary Deferred Compensation Match Program: The County will match up to $1,560 annually each calendar year of an employee’s voluntary contributions to his or her 457(b) deferred compensation account by depositing the matching funds into the employee’s 401(a) tax deferred defined contribution account. The employees’ eligibility for the employer match is subject to the terms of Section 6 of this Article.

Longevity pay shall be as follows for employees hired before July 1, 2015:

Employees hired by the County after July 1, 2015 shall not be eligible to receive longevity pay. Part-time employees shall be paid longevity based on a pro-rated basis, computed on the number of hours worked by the part-time employee for the past year in relation to 2,080 hours completed by a full-time employee to receive the amounts described above.

Employees hired before July 1, 2015 shall have the option to participate in one of the following longevity pay programs beginning July 1, 2019 for the remainder of their employment with the County: Option 1: Employee retains existing longevity pay schedule but is not eligible to participate in the County’s deferred compensation matching program.

Option 2: Employee’s longevity pay schedule amounts are reduced by three- hundred dollars ($300) and employee is eligible to participate in the County’s deferred compensation match program (Section 4 of this Article).

Additionally, any employee receiving longevity can select to have the County deposit the longevity payment into the employee’s 401(a) tax deferred defined contribution plan account. Such selection shall be made by the employee in writing and shall remain in effect for the duration of their employment with the County. Employees hired by the County after July 1, 2015 shall not be eligible to receive longevity pay but shall be eligible to participate in the County’s deferred compensation match program (Section 4 of this Article).

Employees assigned to specialty assignments shall receive three percent (3%) of their regular (non-overtime) earnings per pay period. In order to receive this pay, the employee shall maintain the qualifications for the specialty assignment as directed by the Standard Operating Procedures, and attend and successfully complete all required training. Employees are only eligible to receive pay for one specialty assignment. If an employee speaks a language other than English, including sign language, with proficiency, as determined by a proficiency test designated by the County's Human Resource Department, and such employee is specifically approved and required to use such skills in the performance of his/her duties, he/she shall receive specialty pay. This pay is contingent upon the Sheriff specifically assigning and requiring the use of such skills. The Sheriff shall not unreasonably deny second language specialty pay.

If an employee reaches a new step during the first seven days of a pay period, he/she shall be entitled to the higher pay rate for the entire pay period. If the new step is reached during the last seven days of a pay period, the employee shall not receive the higher rate until the subsequent pay period. If July 1 (date of new pay scales every fiscal year) falls in the first seven days of a pay period, employees shall be entitled to the higher pay rate for the entire pay period. If July 1 falls in the last seven days of a pay period, employees shall not receive the higher pay rate until the subsequent pay period.

All employees assigned to “C”, “D”, “E” or “F” shift and who work a majority of his or her hours between 1730 hours and 0600 hours shall be paid an additional fifty cents ($0.50) per hour on both regular and overtime hours attached to their shift. Employees required to work “C”, “D”, “E” or “F” shift to cover a personnel shortage shall also receive the fifty cents ($0.50) shift differential pay.

Each time an employee is officially designated by the appropriate supervisor to act in a higher position classification, and actually performs said duties for two (2) hours or more and meets the minimum qualifications of said position, the employee shall be compensated for all hours worked in the higher salary grade, retro to the first hour after two hours, unless the rate is lower than the employee's regular rate in which case the employee shall remain at his/her present rate of pay. It shall be the responsibility of the supervisor to identify those hours worked out of class for pay purposes.

No employee shall be required to work out of his/her position class if such employee does not have the prerequisite qualifications to perform such work nor shall any employee be required to work out of position class for the purpose of avoiding paying someone else a higher salary grade.

Employees being paid at a higher rate while temporarily filling a position in a higher position classification will be returned to their regular rate of pay upon the completion of the out-of-class assignment.

Employees working out of position classification shall be entitled to all benefits provided by this Agreement to the position to which they are assigned.

An employee who is assigned to work out of position classification shall receive a minimum of five percent (5%) increase in compensation, in accordance with the appropriate pay scale of the higher classification. At no time shall an employee receive any compensation beyond the top step of the higher pay scale.

The County shall maintain a Comprehensive Major Medical Plan that will include deductibles, copay amounts, coinsurance levels, in-network benefits, out-of-network benefits, and other participant payment responsibilities customarily found in Comprehensive Major Medical Plans. No plan changes will be made until receiving recommendations from the County-wide Benefits Advisory Committee which shall be submitted to the County Administrator by September 1. If no recommendations are received by September 1, the County Board has the right to make necessary plan changes in time to have the health insurance program in place by the January 1 renewal effective date. The County shall contribute ninety percent (90%) for individual coverage, eighty-three percent (83%) for employee plus coverage, and eighty-three percent (83%) for family coverage. The employer shall also pay eighty (80%) percent of eligible in-network co-insurance costs for family, employee plus and individual coverage.

The County shall not pay such premiums referred to in Section 1 of this Article for any employee who, within any calendar month, had not received any compensation from the County for work performed, except as provided in Section 7 of this Article with the exception of FMLA qualified leave.

If an employee for whom the County is not paying an insurance premium by virtue of the provisions of Section 2 of this Article desires to continue such coverage the employee shall contact the Human Resources Department to discuss the options available to the employee.

The County shall provide and pay the full premium cost for seventy-five thousand dollars ($75,000) of group term life and accidental death and dismemberment insurance for each employee who works an average of sixty (60) hours or more per pay period.

The County shall provide and pay the full premium cost for long-term disability insurance for each employee who has served the County continuously for at least one (1) year and works an average of sixty (60) hours or more per pay period. The long-term disability benefit language is contained in the plan document available through the County Human Resources Department.

The County shall provide dental insurance coverage for each employee who works an average of sixty (60) hours or more per pay period and elects to carry this coverage. Open enrollment will be held once annually. Employee premiums will be zero dollars ($0) for single and nineteen dollars ($19) per family. The annual maximum coverage per plan year (July 1 - June 30) will be fifteen hundred dollars ($1,500) per covered person per covered year. Also included is a fifteen hundred dollars ($1,500) lifetime Orthodontic coverage per dependent child. Orthodontic coverage is limited to persons up to age nineteen (19).

An employee, who retires with a minimum of fifteen (15) years of continuous service and is at least age sixty (60) years of age, until reaching his/her sixty- fifth (65) birthday, may continue to participate in the County's health insurance program and receive coverage as provided for retirees. From age 60 through age 61, the entire premium shall be paid by the retiree. From age 62 until age 65, the County shall pay 75% of single coverage, and 50% of employee/spouse, employee/children or family coverage. Should the County discontinue Blue Cross Blue Shield Health insurance coverage, retirees shall be provided coverage under the primary carrier selected by the County. Eligible employees must be enrolled in a County insurance program prior to retirement.

For the purpose of Section 7 of this Article, it will be necessary in defining "continuous service as an employee" to provide that a layoff of one year or less, any suspension for disciplinary purposes, absence on authorized leave (with or without pay), absence while receiving temporary total disability benefits under the Nebraska Workers Compensation Act, or absence while on disability, shall not constitute a break or interruption in service.

Nothing contained in this Agreement shall be construed as repealing any lawfully recognized benefit provided through the County for employees of the Sheriff's Office, and no employee shall inadvertently suffer any loss of wages, hours or working conditions by reason of the signing of this Agreement.

If any provision of this Agreement is subsequently declared by the proper legislative or judicial authority to be unlawful or unenforceable, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement.

The County Payroll Department shall deduct regularly monthly F.O.P dues from the pay of each employee covered by the Agreement provided that, at the time of such deduction, there is in the possession of the County a current un-revoked written assignment, executed by the employee, in the form and according to the terms of the authorization form, attached hereto, marked as Appendix "A", and made a part hereof. Such authorization may be revoked by the employee at any time by giving written notice thereof to the County. F.O.P. dues shall constitute regular monthly membership dues only and shall not include additional deductions such as F.O.P. life insurance premium payments. Employees are independently responsible for payment of F.O.P. life insurance costs.

Previously signed and un-revoked written authorizations shall continue to be effective as to employees reinstated following layoff, approved leave of absence without pay, or suspension not exceeding sixty (60) days; previous authorizations of other employees rehired or reinstated shall not be considered to be effective.

Such authorization deductions shall be made from every other payroll period and will within ten (10) days be remitted to the duly designated F.O.P. official. The F.O.P. shall advise the County in writing of the name of such official.

If an employee has no pay coming for the pay period in question, or if such pay period is the first pay period of a new employee, or if the employee has signed an authorization form during such pay period of the subsequent month, such deductions shall be limited to the amount of the current regular monthly F.O.P. dues, and shall not include dues for the prior months or any portion thereof.

The County shall process employee revocations in accordance with the County’s payroll processing timelines.

At the time of the execution of the Agreement, the F.O.P. shall advise the County in writing of the exact amount of regular monthly F.O.P. dues. If subsequently, the F.O.P. requests the County to deduct additional monthly F.O.P. dues, such request shall be effective only upon written assurance by the F.O.P. to the County that amounts are regular monthly F.O.P. dues duly approved in accordance with the F.O.P.'s constitution and bylaws.

The County agrees to provide this service without charge to the F.O.P.

The County shall not be liable for the remittance payment of any sums other than those constituting actual deductions made. If for any reason, it fails to make a deduction for any employee as above provided, it shall make a deduction from the employee's next pay period in which F.O.P. dues are normally deducted after written notification from the F.O.P. to the County of the error. If the County makes an overpayment to the F.O.P., the County will deduct that amount from the next remittance to the F.O.P. The F.O.P. agrees to indemnify and hold the County harmless against any and all claims, suits, orders or judgments brought or issued against the County as a result of any action taken or not taken by the County under the provisions of this Article.

Any Juvenile Services Officer who has successfully completed the Sarpy County Field Training Officer class and is appointed to be a Training Officer (TO) for new employees, shall receive TO Pay for training employees. Employees shall be paid one-quarter (1/4) hour of regular pay or compensatory time for each two (2) hours of training during a shift. If an employee is working out of classification at the time of the training, he or she shall not be entitled to TO Pay.

The purpose of this Article is to foster a learning environment and provide educational opportunities that are mutually beneficial to the employees and the County and will encourage eligible employees to participate in education programs which will further their skills and knowledge for use in their current position or for use in a possible future position of greater responsibility. The Educational Reimbursement Program shall be a plan as provided for in Section 127 of the Internal Revenue Code of 1986, as amended (the “Code”) and shall be construed consistently with the requirements of Section 127. Amounts paid for tuition reimbursement meeting the requirements of Section 127 of the IRS Tax Code are not included in an Employee’s income or subject to income tax withholding up to a maximum of $5,250 annually. If subsequent tax law changes fail to continue the tax- free treatment, or in any way modify its treatment, appropriate adjustments in tax withholding will be made from the effective date of the change. This Article does not apply to training seminars, conferences, workshops, etc.

• A.Eligibility
• 1.Employees must be a full-time tenured employee as of the date the course begins.
• 2.Employees must be actively working for the County as of the date the course is completed.
• 3.The course schedule and study time must not be in conflict with the Employee work schedule.
• 4.Employees must take the course at one of the following types of accredited institutions:  Technical Institutes (trade schools)  Colleges or Universities  On-line courses The County reserves the right in the sole discretion of the Board of Commissioners to exclude any school or subject from eligibility under the Program. Any exclusion shall be effective as to courses beginning after the date the exclusion is imposed.
• 5.For employees taking college level courses, the course for which reimbursement is sought must be a degree requirement of their course of study.
• B.Reimbursement Terms Excluding courses that were approved for reimbursement prior to the effective date of this Agreement, the County will reimburse employees for one (1) undergraduate degree and for one (1) graduate degree, if such degree would be beneficial to the employee’s current position or to a future position with the County. The reimbursement procedure shall proceed as follows:
• 6.Up to 90% of the cost of tuition, required books, and class-associated fees for:  Approved technical or undergraduate level courses up to a maximum of $2,000 per fiscal year, or  Approved graduate level courses up to a maximum of $2,500 per fiscal year.
• 7.Supplies and other fees and charges will not be reimbursed.
• 8.Employees shall be entitled to reimbursement if they have complied with all provisions of this Regulation and receive a letter grade of A, B, or C, or a “Pass” grade for “Pass/Fail” courses.
• 9.Only tuition, required books, and class-associated fees actually incurred by employees are eligible for reimbursement. For example, funds received through grants, scholarships, or other waivers for these expenses will not be eligible for reimbursement.
• 10.The annual reimbursement shall continue for employees who remain employed until such time as they are reimbursed 90% of the cumulative tuition, books, and class-associated fees incurred by the employee. For example, employees who incur covered educational expenses in the cumulative amount of $10,000 shall be reimbursed $9,000 (90% of the total covered educational expenses) in annual increments of $2,000, over a five year period, provided they remain employed for five years.
• C.Application and Reimbursement Procedures
• 11.Before enrollment in a course, employees must submit to their Department Head a completed Education Reimbursement Application. Excluding courses that were approved for reimbursement prior to the effective date of this Agreement, the Sheriff shall determine if the degree being sought is consistent with the employee’s current position or a future position with the county. The Sheriff shall either approve or disapprove the application. If the application is not approved, the employee will be notified as to the reason for the denial.
• 12.The completed and authorized application shall be forwarded to the Human Resources Department for processing.  If the application is denied, the Human Resources Department shall notify the applicant in writing as to the reasons.  If the application is approved, the Human Resources Department will return the application form to the employee indicating approval. This application must be retained by employees and resubmitted to receive reimbursement.
• 13.To receive reimbursement, employees must submit within 60 calendar days of the course completion date to the Human Resources Department their:  Grades,  Proof of payment of tuition and course-related fees,

• 14.Employees who voluntarily separate service or are dismissed within twelve (12) months after receiving reimbursement, shall repay the County for reimbursements received in the prior twelve (12) months. By accepting the reimbursement under this Regulation, employees authorize the deduction of reimbursements, which must be repaid from their final paycheck. If repayment is not fully paid from their final paycheck, employees shall immediately pay the County the remaining reimbursement.

SECTION 1: In the event of a Line of Duty Death, defined as when an employee sustains a fatal injury arising out of and in the course of his or her employment, the County shall pay the cost of funeral expenses up to a maximum of ten thousand dollars ($10,000).

This Agreement shall be effective July 1, 2025, and shall remain in full force and effect until June 30, 2028. This Agreement shall automatically renew from year to year thereafter unless one of the parties notifies the others in writing that a modification of this Agreement is desired. The written notification must be presented no later than thirty (30) days before this Agreement expires. In the event such notice is given, negotiations shall begin immediately.