§ 2.44.065. Special disability benefits.

(a)

The disability benefits provided for in this section shall be applicable only to covered employees, and only upon the terms and conditions specified in this section.

(b)

"Covered employees" are defined as:

(1)

All full-time employees in the sheriff's department who are peace officers, excluding management employees;

(2)

All full-time management employees in the sheriff's department who are peace officers, excluding elected officials;

(3)

All full-time employees in the district attorney's office who are peace officers;

(4)

All full-time correctional officers employed in the sheriff's department while working as a correctional officer or as a reserve deputy sheriff;

(5)

All full-time permanent firefighting personnel employed by the county in County Service Area No. 9;

(6)

All full-time permanent employees in the airport operations specialist and lead airport operations specialist classifications.

(c)

Whenever any covered employee, except for fire-fighting personnel and airport operations personnel, is disabled by injury arising out of and in the course of actual engagement in those duties peculiar to law enforcement, he/she shall be entitled, regardless of his/her period of service with the county, to a leave of absence while so disabled without loss of salary for the period of disability, but not exceeding twelve months, or until such earlier date as he/she is retired on permanent disability pension or resigns or returns to duty. The phrase "duties peculiar to law enforcement" means duties exemplified by the following:

(1)

Authorized surveillance;

(2)

Field investigation (as distinguished from record investigation);

(3)

Assigned patrol;

(4)

Custody and detention;

(5)

Apprehension or attempted apprehension of suspected lawbreakers;

(6)

Search, rescue and civil disaster;

(7)

Traffic control;

(8)

Illness contracted as a direct result of rendering assistance to the ill or injured;

(9)

Illness contracted as a direct result of coroner's office duties relating to human remains;

(10)

Quieting civil disobedience;

(11)

Approved hazardous training duties;

(12)

Assisting other public agencies in the performance of their duties, such as firefighting or maintaining public order;

(13)

Protection of property other than the normal property custody at the sheriff's facility.

This section shall not apply to recreational activities in which the employee is a participant or to activities which are solely clerical in nature or which do not clearly fall within the scope of active law enforcement.

(d)

Whenever any firefighter who is a covered employee is disabled by injury arising out of and in the course of actual engagement in those duties peculiar to firefighting, he/she shall be entitled, regardless of his/her period of service with the county, to a leave of absence while so disabled without loss of salary for the period of disability, but not exceeding twelve months, or until such earlier date as he/she is retired on permanent disability pension or resigns or returns to duty.

The phrase "duties peculiar to firefighting" means only hazardous duties performed by firefighters and would be limited to the following duties:

(1)

Fire suppression;

(2)

Emergency responses to other hazardous conditions;

(3)

Search, rescue, and civil disaster;

(4)

On-the-scene investigation of actual fires;

(5)

Emergency responses in emergency vehicles;

(6)

Training involving actual fire or rescue conditions;

(7)

Traffic control;

(8)

Illness contracted as a direct result of rendering assistance to the ill or injured.

This section shall not apply to recreational activities in which the employee is a participant or to activities which are solely clerical in nature or which do not clearly fall within the scope of active firefighting.

(e)

Whenever any airport operations specialist who is a covered employee is disabled by injury arising out of and in the course of actual engagement in those duties peculiar to airport security or fire suppression at the airport, he/she shall be entitled, regardless of his/her period of service with the county, to a leave of absence while so disabled without loss of salary for the period of disability, but not exceeding three months, or until such earlier date as he/she is retired on permanent disability pension or resigns or returns to duty.

The phrase "duties peculiar to airport security or fire suppression at the airport" means only hazardous duties performed by security officers at the airport or firefighters and would be limited to the following duties:

(1)

Apprehension or attempted apprehension of suspected lawbreakers;

(2)

Quieting civil disobedience;

(3)

Search, rescue and civil disaster;

(4)

Fire suppression;

(5)

Approved hazardous training;

(6)

Assigned patrol.

This section shall not apply to recreational activities in which the employee is a participant or to activities which are solely clerical in nature or which do not clearly fall within the scope of active airport security or fire suppression at the airport.

(f)

The board of supervisors or the employee claiming leave of absence without loss of salary pursuant to this section may request the special disability benefit committee of the county to determine in any case, and the committee shall determine, whether or not the disability referred to in this section arose out of and in the course of actual engagement in those duties peculiar to law enforcement or firefighting. The committee shall, also, in any disputed case, determine when such disability exists. The committee shall be composed of the following members or their designees: The county administrative officer; county personnel director; the department head of the department in which the employee works; a member of the employee association that represents employee's classification; and a fifth member from among the county department heads chosen by the four above members.

(g)

The benefits provided for in this article shall be integrated with workers compensation benefits so that, if employees are entitled to such benefits, only the difference between the workers compensation payment and the employee's salary shall be paid hereunder.

(h)

The benefits provided for under this section shall be in addition to any sick leave benefits, but any employee who is receiving payment pursuant to this section shall not be entitled to sick leave payments for the same day or days.

(i)

This section shall not be construed as adopting any of the provisions of Division 4, Part 2, Chapter 2, Article 7 of the Labor Code of the state.

(j)

This section shall apply only to covered employees serving in regular permanently allocated positions as identified in subsection (b) of this section including their service as a reserve deputy sheriff. All other reserve deputies are expressly excluded from the provisions of this section.

(k)

The determination of disability by the special disability benefit committee under the provisions of this section is expressly limited to carrying out the purposes of this section and shall in no way be construed as having any binding effect on the county pension trust with respect to any subsequent application for disability retirement.

(Ord. 2596 § 1, 1993; Ord. 2074 § 1, 1981: Ord. 2034 § 1, 1980: Ord. 1827 § 1, 1977)