HomeMy WebLinkAbout2001-303
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Resolution No. 2001-303
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RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A
EMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN
ERNARDINO AND EMPLOYEES IN THE GENERAL BARGAINING UNIT OF THE
ITY OF SAN BERNARDINO REPRESENTED BY SAN BERNARDINO PUBLIC
6 MPlOYEES ASSOCIATION.
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WHEREAS the designated representatives of the Mayor and Common Council
et and conferred in good faith with representatives of San Bernardino Public
mployees' Association (SBPEA) representing the General Unit employees of the City
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f San Bernardino, in accordance with the provisions of Government Code Sections
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500-3510, to agree upon a new Memorandum of Understanding (MOU);
WHEREAS such meetings resulted in agreement on an MOU (Exhibit A, a copy
f which is attached hereto and incorporated herein) effective July 1, 2001, through
15 une 30, 2004.
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ours and working conditions for ernployees in the General bargaining unit of the City of
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCil OF THE CITY
F SAN BERNARDINO, AS FOllOWS:
SECTION 1. Exhibit A to this resolution is hereby adopted establishing wages,
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an Bernardino.
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. . .
2001-303
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RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A
2 EMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN
3 ERNARDINO AND EMPLOYEES IN THE GENERAL BARGAINING UNIT OF THE
ITY OF SAN BERNARDINO REPRESENTED BY SAN BERNARDINO PUBLIC
4 MPLOYEES ASSOCIATION.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
6 ommon Council of the City of San Bernardino at a j oint regular meeting thereof,
7 eld on the
1st
day of
October
, 2001, by the following vote,
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o wit:
AYES
NAYES
ABSTAIN ABSENT
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x
x
x
x
x
x
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24 pproved as to form and
egal content:
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Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this 3 rei day of
October
,2001,
AMES F. PENMAN,
26 ity Attorney
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2001-303
GENERAL UNIT
EMPLOYEES
MEMORANDUM
OF
UNDERSTANDING
Made and Entered Into Between
The City of San Bernardino
And
The San Bernardino Public Employees Association
JULY 1, 2001
To
JUNE 30, 2004
City of San Bernardino
Office of the
Director of Human Resources
eof1
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General Unit MOU
Citv:
Classification:
Dav:
Exclusion:
General Unit:
Mandatory and
Permissive:
MOU:
Union:
DEFINITION OF TERMS
The City of San Bernardino
Includes titles listed in Section 10 of City Resolution No. 6413, as
amended.
As it pertains to a holiday, sick leave day or a vacation day, one (I) "day"
equals eight (8) hours, unless otherwise specified.
Excluded from the General Unit for purposes of representation are:
classification titles designated as management/confidential, middle-
management or safety, positions established and created under federal
contract, and temporary, part-time, provisional and probationary
individuals.
Includes titles listed in Section 10 of City Resolution No. 6413, as
amended, Additional titles in the General Unit may be established by the
Mayor and Common Council. Also reference "Exclusions" aboye.
"Shall" is mandatory; "may" is permissive.
Memorandum of Understanding
The exclusive bargaining representative for the General Unit
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General Unit MOU
ARTICLE I - ADMINISTRATION
SECTION 1 - Management Rights
This Memorandum of Understanding (MOU) shall not be deemed to limit or curtail the
City in any way in the exercise of the rights, powers and authority, which the City had prior to
adopting this MOU, except to the extent that the provisions of this MOU specifically curtail or
limit such rights, powers and authority. Furthermore, the City retains all its exclusive rights and
authority under City Charter, ordinances, resolutions, state and federal laws and expressly and
exclusively retains its management rights, which include but are not limited to: the exclusiye
right to determine the mission of its constituent departments, commissions and boards; set
standards of selection for employment promotions; direct its employees; establish and enforce
dress and grooming standards; determine the methods and means to relieve its employees from
duty because of lack of work or other lawful reasons; maintain the efficiency of governmental
operations; determine the methods, means and numbers and kinds of personnel by which
government operations are to be conducted; determine the content and intent of job
classifications; determine methods of financing; determine style and/or types of City-issued
wearing apparel, equipment or technology, means, organizational structure and size and
composition of work force and allocate and assign work by which the City operations are to be
conducted; determine and change the number of work locations, relocations and types of
operations, processes and materials to be used in carrying out all City functions, including but
not limited to the right to contract for or subcontract any work or operations of the City; assign
work to and schedule employees in accordance with requirements as determined by the City, and
establish and change work schedules and assignments upon reasonable notice; establish and
modify productivity and performance programs and standards; discharge, suspend, demote,
reprimand, withhold salary increases and benefits or otherwise discipline employees in
accordance with the applicable law; establish employee performance standards including, but not
limited to quality and quantity standards; and, carry out its mission in emergencies and exercise
complete control and discretion over its organization and the technology of performing its work.
SECTION 2 - Employee Rights
(The City and the Union mutually agree to meet and confer regarding modifying this
language pending the outcome of the Agency Shop election.)
A. Employees of the City have the right to form, join and participate in the actiyities
of employee organizations of their own choosing for the purpose of representation on all matters
of employer-employee relations, including but not limited to: wages, hours and other terms and
conditions of employment. Employees of this City also shall have the right to refuse to join or
participate in the activities of employee organizations and shall haye the right to represent
themselves, No employee shall be interfered with, intimidated, restrained, coerced or
discriminated against by the City or by employee organizations because of the exercise of these
rights,
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General Unit MOU
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B. The City, through its representatives, shall meet and confer in good faith only
with representatives of formally recognized employee organizations regarding matters within the
scope of representation, including wages, hours and other terms and conditions of employment.
SECTION 3 - Contract Services
It is not the intent of the City to cause emplovees to lose their iobs because of a
decision to contract work. If a decision is made by the City to contract work not now
contracted, and that decision will result in chanl!e in the work conditions or status of
employees in the unit., the City al!rees to meet and confer in I!ood faith with the Union prior
to makinl! a {"mal recommendation to the Mayor and Common Council.
It is net the imem ef the City te eallse elHfl1eyees te lese their jeBs Beeause ef a deeisien
te centraet 'Nerk. HeWll'ler, if a deeisien is made BY the City te csfttfaet ':lerk net new
eeRtraeted, and that deeisieR will result in change in the ",erk status sf elHflleyees iR the Umsn
r8jlr~sefltatien lIIlit prier te ceneludiRg the reselll'eh and 11f18lysis necessary fer the
ilHfllemefltatien ef Gueh a decisien, the City will meet a.Hd eeRror in geed faith cefleeming the
Hlaft~J(:r.ver reS8lHee 60f1sideFatians invelvea and reeei~le reeemmeadatieas frem tke Uniea te
reduee the ilHfl8ct lIflelfl jeBs Jlerfermed BY I!flit elHflleyees. The UBioB a!:rees to elimiBate
meetiB!: with the BrhamatioB eommittee UBtil after directioB f-rem the MR":or aBd
CommoB CouBcil. The City will Botify the uBioB wheB seeldB!: direetioB f..om tile Ma":or
aBd CommoB CouBcil.
The City agrees te refer te the privatizatieR cemmittee iR aa..'anee ef submittiag te the
Miiyor and CSHlHleR CelHlcil IIfIY matter eefleeming the eefttmeting eut ef services ellITemly
Jlerfermed by G811.eml Uffit elHflleyees.
SECTION 4 - Agency Personnel Rules
It is understood and agreed that there exists within the City in written or unwritten form
certain personnel rules, policies, practices and benefits generally contained in "Ciyil Service
Rules and Regulations for the Classified Service"; Resolution No. 6433, as amended; Resolution
No. 10584, Establishing Uniform and Orderly Methods of Communications Between the City
and its Employees for the Purpose of Promoting Improved Employer-Employee Relations, as
amended; and, Resolution No, 10585, Adopting Rules and Regulations Relating to Employer-
Employee Relations, as amended, which documents will continue in effect, except for those
provisions modified by the Common Council in accordance with state laws, orders, regulations,
official instructions or policies. In the cases of proposed changes to the resolutions other than by
agreement, the Union shall be consulted with prior to the consideration of these changes by the
Mayor and Common Council, except in cases of emergency as defined by the Mayor and
Common Council, in which cases the Union will be consulted with as soon as possible after the
changes.
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General Unit MOU
Any departmental work rules initiated, established and promulgated by the City shall be
posted on bulletin boards ten (10) days prior to their effective date, except in emergency
situations. A copy of such rules shall be sent to the Union office, The reasonableness of any
disciplinary action taken as a result of a violation of any departmental work rule may be
determined in the grievance procedure at the employee's election, The City shall make
reasonable efforts to acquaint employees with work rules. Work rules shall be uniformly
applied.
Each Department of the City, with the exception of the Police and Fire, shall proYide
SBPEA with a current copy of their Departmental Work Rules on an annual basis, no later
than June 30 of each year. The Police and Fire departments will proYide updates as they
occur.
SECTION 5 - Safety Committee
There is established an Employee Safety and Accident Review Board and Safety
Committee in which the General Unit has membership (three (3) members). The Board will
review all recordable accidents (both City equipment and personal injury of City employee) and
make recommendations to the City Administrator and Director of Human Resources for all
corrective actions in establishing better job safety.
The Board will improve safety communications throughout the City and review each
accident on or off City property, The Board will investigate all "industrial type" accidents and
"vehicular" accidents and make recommendations on how the accident could have been
prevented, The Board is expected to establish its own rules of conduct, to elect its own officers
at the first meeting in January and keep minutes of all its meetings, findings and
recommendations.
The Committee is expected to meet no less than once a month at a time agreeable to all
members, Upon completion of reviews by the Committee of accidents! incidents. the Committee
will make recommendations for corrective measures to establish safer working conditions and
may recommend disciplinary action.
It is of mutual benefit to the City and to the employee to be fully aware of and comply
with all safety rules and regulations, The City, Union and employees agree to work towards
preventing job-related injuries to employees and damage to both public and private property.
Guests and/or speakers will be allowed to attend based on adyance notice to the City and
mutual agreement.
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General Unit MOU
In the event a representative from either side is unable to attend a meeting, the
spokesperson from each side may, with two (2) working days' notice to the other side, select an
alternate from a predesignated pool of employees. The "pool" will consist of up to three (3)
employees, whose names will be exchanged by the City and the Union each July.
The Safety Committee shall forward to the SBPEA office a copy of all minutes,
findings and recommendations at the conclusion of each meeting.
SECTION 6 - Labor-Management Committee
The Labor-Management Committee shall continue for the term of this MOU. Its
continuing purpose is for the discussion of common problems that are not addressed in other
existing procedures, The Union shall designate three (3) representatives to serve on the
Committee from different departments. The City shall also designate three (3) representatives to
serve on the Committee. The Committee will select a chairperson who will be responsible for
receiving items, establishing agendas and informing participants of the time and place of
meetings. The Committee shall normally meet at least quarterly or may meet more often if
necessary at a mutually agreed upon time and place. Recommendations shall be considered by
management. The Union will provide a list of the three (3) Committee members to the Director
of Human Resources each July,
Guests and/or speakers will be allowed to attend based on advance notice to the City and
mutual agreement.
In the event a representative from either side is unable to attend a meeting, the
spokesperson from each side may, with two (2) working days' notice to the other side, select an
alternate from a pre-designated pool of employees. The "pool" will consist of up to three (3)
employees, whose names will be exchanged by the City and the Union each July.
SECTION 7 - Time Off for Employee Representatives
The Association may designate up to ten (10) representatives from the
Departments/Divisions listed below to meet for one (1) hour per month on City time at the end of
the City Hall workday, The Union will submit names of employees to the Human Resources
Department prior to the first meeting. The Union will provide any changes in employee names
to the Human Resources Department prior to subsequent meetings. The time must be scheduled
in advance. Department approval is required for release time.
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General Unit MOU
Following is the breakdown of employees by DepartmentlDivision:
Animal Control
City Hall
Facilities Management
Fire
Library or SBETA
Parks, Recreation & Community Services
Refuse Division
Police
Streets Division
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Total
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ARTICLE II - EMPLOYER-EMPLOYEE RELATIONS
SECTION 1 - Recognition/Union Security
(The City and the Union mutually agree to meet and confer regarding modifying this
language pending the outcome ofthe Agency Shop election.)
Exclusive recognition of the Union is acknowledged for the purpose of meeting and
conferring on wages, hours and working conditions, and of general representation within the unit
of representation. The classification titles of those general regular employees in the unit for
which the Union has been recognized exclusively as the exclusive representative are listed under
Section 10 of City Resolution No. 6413, as amended, excluding therefrom: position and
classification titles designated as management/confidential, middle-management or subsequently
so designated by the City, positions established and created under federal contract, and those
employees while under proyisional or probationary status.
The granting of "exclusive" recognition shall not preclude employee self-representation
in matters where individual rights, protections and concerns are involved; provided, however, the
representation rights of the Union as exclusive representative shall not be compromised thereby.
If a unit member does not wish to be represented by the Union in matters pertaining to
grieyances and disciplinary appeals and wishes to represent himself/herself, such member shall
be required to provide the Union and the City with a signed statement waiving the right to Union
representation in such matters,
SECTION 2 - No Strike
It is the purpose of the MOU, for the parties hereto, to confirm and maintain the spirit of
cooperation, which has existed between the City and the employees of the City. It is recognized
that any work disruptions are unproductive to City operations and services provided to its
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General Unit MOU
cItIzens, The Union and the City agree that they shall, at no time or in any way, jeopardize the
public health, welfare and safety of the City's business and residential communities, Thus, the
Union and the City will strive to promote a harmonious relationship between the parties to this
MOU that will result in benefits to the City and will provide continuous and uninterrupted
employee services, It is, therefore, further agreed that the Union shall not, on behalf of itself and
its members, individually or collectively engage in any curtailment or restriction of work at any
time during the term of this MOU,
SECTION 3 - Payroll Deduction for Union Dues
(The City and the Union mutually agree to meet and confer regarding modifying this
language pending the outcome of the Agency Shop election)
The City agrees to provide Union dues deductions for Union members only as long as the
Union remains the exclusive representative for the employees within the bargaining unit.
Conversely, no other employee organization shall be permitted dues deduction privileges for
employees within the bargaining unit. The City shall not be liable to the Union, employees or
any other person by reason of the requirements of this article for the remittance of any sum other
than that constituting actual deductions made from employee wages earned.
Dues shall be deducted from the pay of each employee who signs the authorized payroll
deduction card as a monthly sum certified to the City by the Secretary of the Union as the regular
monthly Union dues and insurance fees, The amount of dues shall be affixed to each
authorization card by the Union. A letter of authorization, signed by the Union
Secretary/Treasurer, indicating the date of the meeting and approval of dues by the general
membership, shall constitute proof. The City will not deduct any pay for initiation fees, fines or
other special assessments. Dues deduction shall be a specified uniform amount for each
employee and any change in the amount of dues deducted shall be by written authorization from
the Union, provided however, that the Union shows proof that the general membership has voted
and approved any change in the amount of dues, The employee's earnings must be sufficient
after other legal and required deductions are made to cover the amount of the dues checkoff
authorized. When a member in good standing of the Union is in a non-pay status for an entire
pay period, and the salary is not sufficient to coyer the full withholding, no dues withholding will
be made to cover the period from future earnings, nor will the member deposit the amount with
the City which, would have been withheld if the member had been in a pay status during that
period. All other legal and required deductions have priority over employee organization dues,
Dues withheld by the City shall be transmitted to the office designated by the Union in writing at
the address specified in the letter of authorization.
All unit members who were members of the Union on June 1,2001, and those employees
who thereafter become members shall remain as members in good standing of said Union the
duration ofthis MOU, except as provided for in this article,
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General Unit MOU
During the first full work week in June, a member may request to the Finance
Department in writing, with a copy to the Union President, to withdraw hislher authorization for
dues deduction, which shall become effective in the first payroll period in August.
The Union shall indemnify, defend and hold the City harmless against any claims made
and against any suit instituted against the City in regard to employee organization dues. In
addition, the Union shall refund to the City any amounts paid to it in error, upon presentation of
supporting evidence,
SECTION 4 - Grievance Procedure
Definition of Emplovee Grievance: A grievance is an alleged violation of the terms of
the MOU or of the laws, ordinances, resolutions concerning or affecting wages, hours or other
conditions of employment. The remedy selected by the employee shall be the exclusive remedy
pursued, either through the grievance procedure or through disciplinary appeals to the Civil
Service Board, If the employee chooses to appeal disciplinary action to the Civil Service Board,
he/she shall be precluded from filing a grievance.
Additionally, allegations of discrimination and harassment may be submitted to the Equal
Employment Officer.
As used in this procedure, the term "immediate supervisor" means the lowest level of
supervisor not within the general employee representation unit. The procedure provides a
mechanism for settling the grievance informally with the "immediate supervisor," up to and
including the Division Head.
If this proves unsatisfactory, the grievance may be formally presented to the Department
Head or designee, the Director of Human Resources, and finally to the City Administrator who
will be the ultimate authority,
The aggrieved employee shall have the right to be represented, if he/she desires, by the
designated Union representative.
Working Day: As used in this section, "working day'" shall refer to the employee's
working day or to the working day of the other party involved (supervisor, Division Head,
Department Head, Director of Human Resources, City Administrator and/or their designees),
depending upon whose response or action is pending.
Procedural Steps for Handling Grievances:
A. Informal: An attempt shall be made to ascertain all facts and adjust all grievances
on an informal basis between the employee and a supervisor in the employee's chain of
command, up to and including the Division Head. Presentation of the grievance must be
submitted to the Informal Step within ten (10) working days of the incident causing the
grievance or of the grievant's knowledge of the incident's occurrence, The date and the subject
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General Unit MOU
of the incident should be provided with the request for the informal meeting. Within ten (10)
working days of the presentation of the grievance, the supervisor shall provide an oral response
to the employee. The supervisor will document (for record purposes) his/her response to the
employee in the event the grievance proceeds to the Formal level.
B. Formal:
1. If the grievance is not adjusted to the satisfaction of the employee
involved, the grievance shall be submitted in writing by the employee or hislher designated
representative to the Department Head or hislher designee within ten (10) working days from the
date of the oral response. The Department Head or his/her designee shall meet with the
employee and/or hislher designated representative within the next ten (10) working days of
receipt of the written grievance and shall deliver hislher answer in writing to the employee
within ten (10) working days after the meeting.
2. If the grievance is still not adjusted, the aggrieved party may file a written
appeal with the Director of Human Resources within ten (10) working days from the date of
delivery of said answer. The Director of Human Resources or hislher designee shall meet with
the employee, and if the employee desires, the designated Union representative, within ten (10)
working days after receipt of the appeal and shall deliver his/her answer in writing to the
employee within ten (10) working days after the meeting.
3. If the grieyance is still not adjusted, the aggrieved party may file a written
appeal with the City Administrator or his/her designated representative within ten (10) working
days from the date of delivery of said answer.
The City Administrator or hislher designated representative shall deliver
hislher answer in writing within ten (10) working days after receipt of the appeal.
4. The decision of the City Administrator or hislher designated representative
is final and binding on all parties, unless reyersed by a court decision,
5, All grievances shall be treated as confidential, and no publicity shall be
given the final resolution of the grievance.
C, Time Limits: Any grievance not answered by the City within the specified time
limit listed above shall be deemed settled on the basis of the Union's original demand, Likewise,
any specified adjustment not appealed by the employee or his/her designated representative
within the specified time limits listed above shall be deemed settled on the basis of the last City
official's answer. Time lines as above may be extended by mutual agreement only,
D, Consolidation of Grievances: In order to avoid the necessity of processing
numerous similar grievances at one time, a single "class" grievance may be filed as long as the
grievances are from employees within a single department. The City also has the right to
consolidate responses to such grievances. If the grievant is a group of three (3) or more
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General Unit MOU
employees within a department, the group shall appoint one (I) or two (2) employees who signed
the grievance to speak for the collective group throughout the grievance process.
SECTION 5 - Union Representation
When requested by an employee, a steward may represent an employee in a grievance, as
defined in Article II, Section 4, Grievance Procedure. The steward representing an employee in
a grievance proceeding shall be allowed reasonable time during working hours for such purposes
without loss of time or pay, with two (2) working days' advance written notice to and with the
approval of, the immediate supervisor, who shall notify and obtain the concurrence of the
Diyision or Department Head. Approval to investigate and process a grievance will not be
unreasonably withheld,
The privilege of stewards to leave their work during working hours without loss of time
or pay is subject to the understanding that time will be devoted to the proper handling of
grievances within the unit of representation, will conform to department work rules and will not
be abused, Stewards will perform their regularly assigned work at all times, except when
necessary to leave their work to handle grievances as provided herein.
A steward will not be granted time off nor compensation for the purpose of handling
grievances outside the unit of representation, which the Union has been exclusively recognized
within the City. A steward may be allowed leave of absence without pay by the Mayor and
Common Council to attend Union training courses and Union conventions if the Department
Head concurs,
A ratio of one (1) steward for every fifty (50) permanent employees in the unit shall be
recognized by the City. Any substantiated abuse of the priyi1eges accorded stewards with regard
to reasonable time off and compliance with the requests of his/her immediate supervisor, or
conflicts which arise between duty requirements and the handling of grievances, may be cause to
suspend this privilege, and both parties will call an immediate special consultation between the
City Administrator or hislher designated representative to resolve the problem. Punitive action
shall not be taken against employees for performing their duties as stewards. The Union shall
furnish the Director of Human Resources with an up-to-date steward list each quarter including
names of stewards and work locations. Changes other than on the quarterly lists will not be
recognized by the City, other than for a steward who has left the bargaining unit or City
employment.
SECTION 6 - Employee Lists
The City agrees to provide the Union with a list of names of the General Unit by City
department, every six (6) months, beginning in January of each year,
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General Unit MOU
SECTION 7 - Skelly Rights
It is mutually agreed that the City subscribes to the concept and application of
progressive discipline. Discipline shall be imposed upon an employee only for just cause.
If the employer has reason to reprimand an employee, it shall be done in a manner that
will not embarrass the employee before other employees or the public,
When an action for suspension or termination has been taken, subject to appeal, the
employee will be apprised of the action, the reason therefore, and will be provided with a copy of
the charges including material on which the action was based. Employees have the right to
Union representation as provided under Government Code Section 3500 et seq. (Meyers-Milias-
Brown Act).
A. The employee shall receive advance notice of the proposed disciplinary action.
Reasonable advance notice shall be provided to the employee.
B. The notice must contain the reasons and the charges upon which the proposed
action is based.
C. The notice must also contain a statement of the events or circumstances upon
which the action is based,
D. The employee must be given the materials, if any, upon which the action is based.
E. The employee shall have the right to respond either orally or in writing within five
(5) working days of receipt of Skelly package to the appointing authority (Department
HeadlDivision Head) imposing the discipline.
F. The disciplinary procedure should be used for all serious disciplinary actions,
which are normally considered (1) demotions; (2) discharges; (3) reductions in pay; and, (4)
suspensions.
SECTION 8 - Non-Discrimination
The City and the Union agree that there shall be no discrimination against employees
within the bargaining unit because of race, color, creed, religion, national origin, sex, age,
marital status or Union membership. Union membership also includes Union activities.
Further, there shall be no discrimination against qualified individuals with disabilities as
defmed by the Americans with Disabilities Act (ADA) of 1990, when those individuals do not
pose a risk to the health or safety of themselves or others. The ADA expressly identifies
reassignment to a vacant position as one form ofreasonable accommodation,
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General Unit MOU
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SECTION 9 - Personnel Files
A. The Human Resources Department shall keep and maintain an official personnel
file for employees, which shall contain information relative to the employee. No other files,
records or notations shall be official except as may be prepared or used by the City or its counsel
in the course of preparation for any pending case, such as the Department of Fair Employment
and Housing or Civil Service matter or grieyance,
B. An employee's department may maintain a file pertaining to an employee, which
shall contain job-related information only, It shall be the supervisor's responsibility to inform the
employee, with a copy thereof, of any detrimental material in the file that may affect the
employee's performance evaluation. An employee may grieve over the factuality of, or propriety
of, any material in such file. Such files shall be confidential. Both the City and the Union agree
that an employee's failure to challenge any material in such file does not justify the conclusion
that the employee is in agreement with any such materials, Such files shall not contain a copy of
any disciplinary action against an employee.
C, Employees and/or their authorized representatives, if authorized by the employee,
shall have the right upon written request to review the contents of their official personnel files
and department files. Such reyiew may be made during working hours with no loss of pay for
time spent, and the employee may be accompanied by his/her authorized representative if he/she
so wishes. Reasonable requests to copy documents in the files shall be honored.
D. A copy of any disciplinary action or material related to employee performance,
which is placed in the personnel file, shall be served upon the employee (the employee so noting
receipt), or sent by certified mail (return receipt requested) to his/her last address appearing on
the records of the City. It is the obligation of each employee to provide the City with his/her
current address,
E, A full-time, permanent employee shall have thirty (30) working days in which to
file a written response to an employee performance evaluation entered in his or her personnel
file. Such written response shall be attached to the employee performance evaluation. The thirty
(30) working days will commence with the date the employee receives the evaluation for
signature.
The Human Resources Department will distribute to all City departments a
memorandum explaining employee performance evaluation response procedures for General
Unit employees,
F. Emnloyees may request that any documents contained in the file of a
derol!atorv nature will be nurl!ed from their files after a neriod of twenty-four (24) months
and no further actions haye occurred similar in nature. The denartment head shall review
such request and will have final say on what will be nurl!ed.
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General Unit MOU
SECTION 10 - Bulletin Boards
The City will provide adequate space on bulletin boards in each department/division for
the purpose of the Union posting notice of pertinent Union business, The Union agrees that
nothing libelous, obscene, defamatory or of a partisan political nature shall be posted. In the
event that there is a dispute arising out of the pertinence of any literature the Union chooses to
post, the City Administrator or his/her designated representative and a Union representative will
meet as soon as possible to resolve the problem.
SECTION 11 - Budget Documents
The City agrees to proyide the Union at no cost one (1) copy of the annual financial
report, preliminary budget, final budget and resolutions or ordinances as requested by the Union,
SECTION 12 - Employee Orientation
The City will distribute the Memorandum of Understanding, or contract term and
conditions, as part of the employee orientation program conducted by the City for new
employees, The City will allow the union to make a presentation at employee orientations.
SECTION 13 - New Employee Information
Once per month, the Human Resources Department will furnish the Union with
information on new General Unit employees, excluding their home addresses. Data will include
name, title, department, department phone number and date of hire. Data will not be provided
until at least ten (10) working days following approval of the appointment by the Mayor and
Common Council.
SECTION 14 - Mailbox
The City will offer a mail slot for the General Unit in the mailroom area City established
for City departments.
ARTICLE III - COMPENSATION
SECTION 1 - Salaries
Salaries are per Resolution No, 6413, Section Ten, as amended by the Mayor Common
Council.
14
General Unit MOU
Effective the following payroll after Council approval of the MOU, employees in the
General Unit will be adjusted from their current salarv ran2es and steps to the new ran2es
and steps as set forth in the Classification and Compensation Study receiyed and filed by
the Mavor and Common Council in March of 2001. For implementation purpose only. step
placement will be nearest dollar that provides a four percent (4%) salarv adiustment usin2
a one percent (1 %) salarv scale. The only exception would be an employee whose new
ran2e would not allow a four percent (4%) adiustment. in which case the emplovee would
be placed at top step oCthe new ran2e.
Subsequent step increases, based on current step increase dates, will reyert to the
current fiye percent (5%) increase within the assi2ned ran2e, employees whose ran2e will
not support a fiye percent (5%) increase will receiye less than fiye percent (5%).
Effectiye Januarv 1. 2003, a four percent (4%) Cost-of-Livin2 Adjustment (COLA)
will be 2iven. This COLA will result in the entire pav scale movin2 upward by four percent
(4%).
Effectiye Januarv 1, 2004, a three percent (3%) Cost-of-Livin2 Adjustment (COLA)
will be 2iven. This COLA will result in the entire pav scale mOyin2 upward bv three
percent (3%),
.^. three l'lefcllflt fllil salary inerease shall lleeeme eff"ceti'/e JaBlIaF'\' 1, 2990.. fer all
tunt eHlflleyees. .'\ twel'lereeftt 1llil salary iBerease sllalllleceme effective JaBlIarv 1.2991..
The Cil'l', at ib eIBeBse. aerees te ceBdllct a classifieatieB aBd cemBensatieB stull'l'
ef pesiDeBs iB the CeBeral Unit. The City futller al!:rees that tile stlldv willlle eempleted
Brier te tile cIPiratien ef tile eeBtraet.
SECTION 2 - PERS
For any employee hired on or after January 1, 1998, the City will pay five percent (5%)
of the seven percent (7%) members' contribution to PERS credited to the employee's account as a
fringe benefit. Upon said employees completing five (5) years of service, the City will pay two
percent (2%) additional of the members' contribution to PERS credited to the employee's account
as a fringe benefit on the first pay period of the sixth year of service.
The City contracts with PERS for employees' retirement benefits. General Unit
employees are normally eligible for "Service Retirement" once they reach age 50 and have five
(5) years ofPERS-credited service. There is no compulsory retirement age for employees, such
as General Unit employees, who are local miscellaneous members ofPERS.
Employees inquiring about exceptions or about disability retirement should contact the
City Human Resources Department or a PERS Area or Field Office.
15
General Unit MOU
The City will pay the employer contribution for the Fourth Level 1959 Surviyors'
Benefit.
The City has amended its PERS contract to proYide the 2% @ 55 retirement
benefit, with the cost associated with this amendment borne by the City.
SECTION 3 - Oyertime
All employees in the General Unit (exempt as well as non-exempt) will receive overtime
based on the requirements of the Fair Labor Standards Act (FLSA),
Overtime work shall not be authorized unless the employee has obtained the prior
approval of his/her Department Head or designated Division Head. Emergency overtime work
may be authorized by the employee's supervisor without such prior approval, if obtained at the
earliest possible time after the performance of emergency work,
In instances where standby and call-back work is required and directed, it shall be
regulated by, and paid in accordance with, the provisions contained in Article Ill, Section 5.
Compensatory Time Bank: When an employee works overtime, he or she shall earn
overtime at the FLSA rate. Following prior approval of overtime as described above, the
employee will either be paid for the overtime worked or the number of overtime hours worked
will be placed in a compensatory time bank, based on the employee's request. The Finance
Department (Payroll) will track the compensatory time accrued and used, and the compensatory
time balance will appear on the employee's paycheck. Department Head approval will be
required in order for employees to use time from the compensatory time bank,
Once an employee's compensatory time bank reaches eighty (80) hours, the employee
will be paid for all subsequent overtime worked. By the end of each fiscal year, an employee's
compensatory time bank must be reduced to forty (40) hours. Any hours in the compensatory
time bank in excess of forty (40) hours as of as of June 30 of each year will be paid at the
employee's regular rate of pay, and will be included on the first paycheck in December
(December 15).
If the employee terminates employment or if the employee is promoted to a position in
the City, the compensatory time bank will be paid off at the then current rate of pay,
SECTION 4 - Higher Acting Classification Pay
Upon approval by the City Administrator, a DepartmentlDivision Head may assign or
reassign a qualified unit employee to discharge the duties of a higher classification when a
position is vacant or in the absence of the incumbent.
16
General Unit MOU
An employee so assigned in writing by the Department/Division Head, with the approval
of the City Administrator, shall receive acting duty pay starting on the sixth consecutive day of
each acting duty assignment. No acting duty pay will be paid for the first five (5) days of each
acting duty assignment, except for those employees who can proye that they have served a total
of twenty (20) days in a higher-acting classification during the previous twenty-four (24) months,
based upon their official Human Resources Department records. The entire period of assignment
at the higher classification, including the initial work demonstration period, may not exceed sixty
(60) working days, except by the mutual agreement of the City and the employee,
Effectiye with the signing of the new contract, employees in the classification of
Refuse Worker I, II and III assigned to a higher acting position will be eligible for higher-
acting pay from the first day.
Effeetke with the sienin2: of the new eOBtrRet. employees of the Refuse Division
Rssi2:ned to R hil1:her Retin2 position will he eli2ihle for hi2her Retin2 PR;- from the first d8',.
the": are 8ssiE:Bed to "'lark in the hicller aetiR2 B8sitioB.
An employee assigned to work in a higher classification on an acting basis shall receive
at least five percent (5%) above his/her current base rate of pay.
The City will not circumvent the intent of this article by using various employees to
thwart the intention of this article.
SECTION 5 - Classification Appeal
Employees who believe they are performing duties of a higher level outside of their
current classification, and who belieye they have been unable to resolve the situation
satisfactorily, shall have the right to appeal their issue via the current grievance procedure
(Article 11, Section 4),
SECTION 6 - Call-Back/Standby Assignment & Pay
An employee who is free to engage in his/her own pursuits while off duty, subject only to
carrying a beeper or to the understanding that the employee leave word at hislher home or the
with the Department Head or designee) where he/she can be reached, is not working while on
standby. If called back, the employee shall be paid for the time actually worked in accordance
with Article III, Section 3.
If a Department Head places an employee on standby, defined as the employee being in a
state of readiness and immediate availability to come to work outside of their normal work hours,
the Union and the City hereby agree that the following is compensation in full for the hours of
work of the employee when in such standby status:
17
General Unit MOU
Standbv Status
Hrs Compensated
For the employee's five (5) work days
during their work week (or prorate at 1.0)
5 work hours
For the employee's two (2) non-work days
during their work week (or pro rate at 2.5)
5 work hours
OR,
For all seven (7) days during a work
week
10 work hours
AND,
For any holiday, as described in this MOU,
during which the employee stands by for all
or any portion of the 24 hour day
I extra work hour
per holiday - added
to the above
The hours described above will be treated as time worked and paid at the rate of time-
and-one-half (1-1/2), This amount will be paid, in addition to compensation for actual time
worked, when the employee is called to work from standby status. The time worked shall also
be paid at the rate of time-and-one-half (1-1/2). Employees of the Animal Control Diyision
assigned to standby status shall be compensated at the rate of two (2) hours pay per day for such
status,
General Unit Call-Back Pay: An employee cannot be in standby status and call-back
status at the same time.
Employees not formally assigned to standby status may still be called back to work. If
reached by their supervisor and called back to work, the employee will be paid for actual hours
of work at the FLSA overtime rate of time-and-one-half (1-1/2) unless the employee has worked
less than forty (40) hours in the work week due to use of paid or unpaid sick time. In such cases
employee will be paid straight time, Department Heads may, however, pay at the overtime rate
of time-and-one half (1/2) regardless of sick time taken in unusual circumstances at their
discretion. An employee called back to work shall be paid for a minimum of one-and-a-half (1-
1/2) hours of work.
The General Unit employees covered by this MOU are not so severely restricted in their
activities while in standby status as to be "working while 'on call'" as that term is used in the Fair
Labor Standards Act 29 CFR 785.17.
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General Unit MOU
Departments and Divisions, which utilize call-back/standby will prepare a qualified list of
employees. DepartmentlDivision Heads will consider the following factors in establishing and
maintaining call-back and standby lists: employee seniority; special qualifications; skills; and/or,
voluntary work assignments.
For Departments and Divisions assigning call-back and standby on a rotation basis, only
the employee who appears first on the list may reject an assignment to call-back or standby.
Rejecting an assignment will automatically place the first employee at the bottom of the list. The
employee listed next must take the assignment.
Departments and Divisions may use procedures that vary from the above, if the
procedures are: (1) consistent with DepartmentlDivision work rules; or, (2) implemented result
of an emergency situation.
Emoloyee Court Subooena Time: All City employees appearing in court on their day off
for a work-related court subpoena will receive compensation for the actual time spent in court"
with a three (3) hour minimum. Additionally, employees will receive one-half (1/2) hour trayel
time for going to court, Employees will be reimbursed for all parking fees associated with the
court appearance,
In the event an employee is placed on standby on their day off for a work-related court
subpoena, the employee will receive three (3) hours standby pay for each day on a standby
status,
For morning standby subpoenas where employees are called to court and do not go
beyond 12:00 p.m. on that day, total compensation will consist of the three (3) hours standby
along with one-half (1/2) hour of travel time, If employees have to appear in court after the noon
recess, the actual additional time along with one-half (1/2) hour of travel time will be added to
the three (3) hours standby. In cases where the subpoena is for 1:30 p.m. or another time, the
standby will start with the time stated on the subpoena.
All court-related compensation will be paid as time worked and at the appropriate straight
time, or where applicable, at the FLSA overtime rate. Such compensation is in addition to
compensation for any prior time actually worked pursuant to such subpoena,
It is hereby agreed by and between the parties hereto that the General Unit employees
covered by this provision are not so severely restricted in their activities while on standby status
as to be "working while 'on call'," as that term is used in the Fair Labor Standards Act 29 CFR
785.17.
19
General Unit MOU
SECTION 7 - Shift Differential
Unit employees assigned to the Communications Division, Identification Bureau, Patrol
and Police Records within the Police Department, and the garage within the Public Services
Department, shall receive the following pay differential in addition to their pay for actual shift
work designated as either the swing or graveyard shift.
A. An employee assigned to the swing shift (normal start and ending time of 4:00
p,m. to 12 midnight, respectively) shall receive $65 per month extra for all hours actually worked
during such assignment; or,
B. An employee assigned to the graveyard shift (normal start and end time of 12
midnight to 8:00 a.m., respectively) shall receive $100 per month extra for all hours actually
worked during such assignment.
C. Any employee who is permanently assigned to the swing or graveyard shift will
receiye the additional monthly pay. The additional pay will only begin and end on the 1 st and the
16th of the month. Whenever permanent swing or graveyard shift employees work overtime on
another shift, their hourly pay will include the additional monthly pay.
D. Any non-swing/graveyard shift employees who work overtime in a swing or
graveyard shift will only be paid at the regular rate of pay (no additional differential pay).
E. The Departments, by memo, will inform Payroll which employees are
permanently assigned to swing and graveyard shifts and should receive the additional monthly
pay. Permanent is defined as working thirty (30) days or more,
SECTION 8 - Personal Tool Replacement Allowance
The City shall provide a tool replacement allowance for damaged, lost or stolen personal
tools in an amount not to exceed $350 per year, per employee, Only those employees in the
following position classifications shall be entitled to such allowance:
DeoartmentJDivision
Classification( s)
1. Fleet Division
2, Engineering
3, Facilities Management Division
Mechanics & Lead Worker
Traffic Signal Electricians
Maintenance Personnel
(includes Plumbers) &
Electricians I & II
Mechanics
4. Fire Department-Maintenance Shop
20
General Unit MOU
The City will provide insurance coveral!e for Fleet and Fire Equipment Mechanic
employee tools, iethe entire toolbox is stolen from the City property.
Claims against the above tool replacement allowance shall be honored provided when:
(1) the personal tools had been required by the City; (2) the tool had been marked and
inventoried by the employee; (3) a report of such inventory had been filed with the Department
Head; and, (4) said tools had been properly maintained. Tools stolen or damaged through no
fault of the employee will be replaced by the employee and reimbursement thereof will be made
by the City, after submission of an appropriate City form accompanied by an approved invoice or
receipt. Requests shall be submitted semi-annually, in June and December, or upon termination
of the employee from City service for any reason. Damaged tools, which are replaced through
reimbursement by the City as above shall be turned in to the Department Head and shall become
the property ofthe City.
During the term of this MOU, all newly-employed mechanic personnel in the Fire
Department and Fleet Division, who may be required by their Department Head to purchase
personal metric tools in order to effectiyely accomplish work assignments, shall be eligible to
receive a one-time tool purchase allowance not to exceed $100 to assist in making such purchase,
SECTION 9 -Fines
The City shall pay for court fines imposed upon any permanent Employee within the unit
of representation as a result of hislher conviction of a violation as a result of being directed to
operate any faulty vehicle or equipment, where such fault is the proximate cause of the violation,
SECTION 10 - Bilingual Pay
General Unit employees, as designated by the City Administrator and who meet the
certification and eligibility requirements as developed by the City, shall be compensated at the
rate of fifty dollars ($50) per month. The duties of the employee receiving bilingual pay may be
reviewed annually to determine that bilingual duties assigned to an employee are being
performed on a regular and frequent basis. The designated employees may be tested annually for
certification and recertification.
Not more than twenty (20) General Unit employees may be designated to receiye
bilingual pay. The City Administrator or designee will retain the right to select the twenty (20)
eligible employees and to determine the departments where use of employee bilingual skills
would be best served, The City shall reserve the right to determine languages for which testing
will be conducted.
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General Unit MOU
SECTION 11 R-eeloasifieotion
The City agrees to BRag ferwonl (l reqtleat tel reelasaify fOlH" (1) PElliee Resenls Clerk II's
tel the Mia Management Uait.
SECTION 11 - Special Certification Pay
Effectiye January 1, 2002, employees in the followin2 classifications:
. Code Compliance Officers: Equipment Mechanics: Animal Control Officers:
City Clerk Business License Checkers
Shall receiye, in addition to their re2nlar compensation, $50 a month payment ($25
paid each pay period) for obtainin2 and maintainin2 the followin2 certifications:
. ICBO or AACE Certificate
. ASE desi2nation of Master Certified Mechanic
. Fire Mechanic Leyel II
. NACA (3) Certificates
. Certified Reyenne Officer
It shall be the responsibility of the department and the employee to proyide payroll
with a COpy of their certifications and or renewal.
Certificate pay is limited to $50.00 per month per eli2ible employee.
ARTICLE IV - FRINGE BENEFITS
Section 1 - Hea1tWLife Insurance
A. As of January 1, 2002, the City will contribute:
An additional $65/month towards health preminms for unit employees who
enroll in medical plans with Employee Plus One or More Dependents. The $65/month will
result in an increase to a fiat rate of $400/month:
A fiat rate of $265/month towards the purchase of health care preminms for
"Employee with No Dependents." If durin2 the duration of this contract the premiums for
the Kaiser Sonth COyera2e for employee with no dependents exceeds $265/month the City
a2rees to reopen the contract to discuss increasing this benefit.
22
General Unit MOU
.\. .A.s ef J8BIl8FY 1. 1001., the City,..:ill aeRtnbute llIl additieRaI $Wmeftth teward
health pFemillffis fer HRit effiJlleyees, exelusi';e ef sllilseetieR C: (1) fer EffiJlleyee pIlls ORe er
Mere DepeRdeRts, the $,!!!imeftth '.vill FeSHlt iR 8R iRsrease te a flat rate ef $~meftth; (2) fer
Bmpleyees with Ne Depeadeflts, the $.!!!ImeRth will be added to the Kaiser South premium for
Employees with No Dependents.
l\S sf Seetemellr 1999 the K-aiser Seuth pFomillffi fer Bmpleyees 'Nith Ne
Depeaaeflts '..:as Slli.O(il.'meRtli. If, at the time efthe Rext speR eRFellmeRt this rate ';aries, the
City will mal.e the appmpnate aajustmeRts.
Insurance benefits available for purchase by employees include medical, dental,
vision, life, long-term disability and accidental death and dismemberment, as made available
through the City. Any contributions not utilized by an employee shall revert to the City.
B. An employee must purchase medical insurance offered through the City in order
to utilize the contribution described in subsection A.
C. The City shall contribute a maximum of sixteen dollars ($16) per month per
retired employee to be used exclusively for the purchase of medical insurance benefits.
D. City contributions not utilized by an employee revert to the City.
E. Cafeteria monies may be redesignated or a change of plans may be made in
accordance with the rules established by the insurance plan selected by the employee. Plan
additions and drops are permitted in accordance with the rules established by the plans selected
by the employee.
F. An employee may not add another City employee as a dependent or be added to
another City employee's City health plan as a dependent, in order to receive "double coverage."
G. The City shall provide each employee with $25.000 Accidental Death and
Dismemberment (AD&D) plan insurance coveral!e at no cost to the emplovee. The City
shall provide each employee with $10.000 Life Insurance coveral!e at no cost to the
employee.
H. Each member of the bargaining unit is eligible to participate in a City-sponsored
program of annual cholesterol checks and dietary counseling.
1. All employees shall participate in the City-sponsored Long-Term-Disability
(LTD) insurance plan. The City will pay one hundred percent (100%) of the L TD insurance plan
premium for employees during the length of this contract, effealive with the sigaiRg sf the Rll',v
eSRtraet.
23
General Unit MOU
Section 2 - Uniforms, Rain Gear & Safety Equipment
A. The City shall provide uniforms for the following position classifications:
I. Animal Control Division:
Animal Control Officer
Registered Veterinary Technician
Animal Shelter Attendant
Senior Animal License Checker
2. Cemetery:
Park Maintenance Worker II
Park Maintenance Worker III
3. Enl!ineering Division:
Traffic Signal Electrician
Maintenance Worker 1 and II and
Lead Maintenance Workers assigned to Signing & Striping
Electrician I and II assigned to Street Lighting
4. Facilities Management Division:
Custodian
Electrician II
Electrical & HV AC Mechanic
Maintenance Plumber II
Parking Control Checker
Storekeeper
5. Parks, Recreation & Community Services:
Maintenance Plumber II
Parks Maintenance Lead Worker
Parks Maintenance Workers I, II & III
Park Projects Coordinator
Landscape Inspector II
B The Police Department will develop a SOP regarding equipment to be issued to
Community Service Officers.
24
General Unit MOU
6. Police & Fire General Emplovees:
All permanent personnel in the bargaining unit as designated by the
appropriate Chief.
7. Public Services Department/Fleet Division:
All full-time, general unit employees assigned to work on vehicle and
equipment will receive uniforms.
8. Public Services DepartmentJRefuse Division:
All full-time, general unit employees assigned to collect solid waste will
receive uniforms.
9. Public Services Department/Street Division:
All full-time, general unit employees assigned to field operations will
receive uniforms.
B. The City shall make appropriate rain gear available for Refuse Operators,
Cemetery personnel, Facilities Management Maintenance personnel, Animal Control personnel,
Parking Control Checkers, Traffic Signal Electricians of the Engineering Division, field
Community Service Representatives in the Police Department and those personnel in the Street
Division and Parks, Recreation & Community Services Department who may be required to
work in inclement weather. At least ten (10) sets of rain gear shall be maintained and made
available on loan as needed to employees in the Fleet and Engineering Divisions.
C. The City shall provide uniforms to any employee required to wear a uniform.
D. The City shall purchase uniform shorts for use as part of the uniform. Each
department will establish guidelines for wearing shorts and employees will not be allowed to
wear shorts when performing activities that may create a safety hazard.
Section 3 - Education Tuition Assistance
A. Purpose: The education tuition assistance program has been established to
encourage the employees of the City to take college courses and special training courses, which
will better enable them to perform their present duties and prepare them for increased
responsibilities and to provide financial assistance to eligible employees for education and
training.
25
General Unit MOU
B. Procedures: Employees will submit copies of their approved applications to the
Human Resources Department according to City pollicies and procedures. Employees must
include official verification oftheir final grades with appropriate receipts for tuition costs. These
will be retumed to employees upon request. Applications not submitted to the Human Resources
Department according to City policies following completion of the course become void.
C. Eligibility:
1. Applications for tuition reimbursement will be considered only from full-
time, regular employees who have completed probation.
2. Reimbursement is not authorized for courses for which the employee is
receiving financial assistance from other sources such as the GI Bill, scholarships and similar
sources.
3. Applications will be approved only for courses directly related to the
employee's job or directly related to a promotional position in the employee's job or directly
related to a promotional position in the employee's occupational specialty.
4. Courses not ostensibly related to the employee's job, but which are
required to qualify for a degree that is directly related to hislher job may be reimbursable only
after all required occupationally-related courses have been completed. (For example, a Fire
Engineer is a candidate for an AA degree in Fire Science and has completed all course work
directly related to fire suppression duties. A course in American history is required for the
degree. The history course may qualify for tuition reimbursement because the degree is related
to the employee's job.)
5. Approval will be limited to courses given by accredited colleges and
universities, city colleges or adult education courses under the sponsorship of the Board of
Education. No mail-order courses will be approved. Workshops, seminars, conferences and
similar activities not identifiable as a formal course of instruction within the recognized
educational institution do not fall within the purview of this program, but may be authorized and
funded by the department upon approval of the City Administrator.
D. Reimbursement:
1. Reimbursement will be for the cost of tuition or registration fees on the
required textbook(s) for each course, subject to the limits found in this article. Additional
expense such as meals and parking fees are not reimbursable. The Director of Human Resources
will recommend approval or disapproval based on the availability of budgeted funds for
reduction tuition assistance.
2. Costs for required texts are eligible for fifty percent (50%) reimbursement.
The employee may retain the books.
26
General Unit MOU
3. Tuition or registration costs of twenty-five dollars ($25) or less are eligible
for one hundred percent (100%) reimbursement. Tuition costs in excess of twenty-five dollars
($25) are eligible for seventy-five percent (75%) reimbursement.
4. Maximum tuition and book reimbursement per semester is one hundred
twenty-five dollars ($125). Summer session shall be counted as a separate "semester" for
purposes ofthis provision.
5. Employees shall be limited for purposes of tuition reimbursement to a
maximum of two (2) collegiate level courses of not more than a total number of units equivalent
to six (6) semester units per semester. One (1) quarter unit shall equal two-thirds (2/3) of one (1)
semester unit.
6. Prior to receiving reimbursement, employees must submit documentary
proof of their final grades. If objective ratings are not rendered for a specific course, then a
certificate of successful completion must be submitted.
7. When an employee is required by hislher Department Head to attend a
particular course or seminar, the expense shall be borne entirely by the department and outside of
this article.
SECTION 4 - Parking Facilities
The City agrees to meet and confer with the Union in the event there are any future costs
imposed upon employees for parking.
SECTION 5 - Employee Assistance Program (EAP)
The City's Employee Assistance and Counseling Program (EAP) is designed to help
employees and their immediate families find direction in solving personal or emotional
problems. All counseling services are completely confidential. The Human Resources
Department maintains a supply of brochures explaining the program more fully.
ARTICLE V - LEA YES
SECTION 1- Vacations
A. All employees within the bargaining unit covered by this MOU shall be entitled to
annual paid vacations as follows:
27
General Unit MOU
Completed Years of
Continuous Service*
Rate of Accrual
per pay Period
Equivalent Hours
Per Year
1 year**
5 years
15 years
20 years
3.33 hours
5.0 hours
6.667 hours
8.33 hours
80 hours
120 hours
160 hours
200 hours
*Service year begins on initial date of employment in a full-time, regular status.
**No vacation granted or accrued, if service is less than one year.
At the time of voluntary and involuntary termination of employment, an employee
shall be entitled to receive compensation for the number of vacation hours, which have been
accrued but not used. In the event said employee has been permitted to take vacation, which
exceeds number of hours actually accrued, a deduction shall be made from the employee's final
compensation for the number of hours in excess of the accrual.
B. The amount of accrual shall not exceed the specified number of hours granted per
year.
C. Employees shall not be permitted to work in their City position in lieu of taking
vacation in order to receive additional compensation.
D. Vacation credits may be accrued and accumulated up to a maximum of two (2)
years total accumulated vacation credits upon approval of the Department Head, as per the
employee's rate of accrual. Vacations or portions thereof from a prior year may be taken
consecutively with vacations or portions thereof of a succeeding year, subject to the approval of
the Department Head. Except as approved by the Department Head, no vacation or portion
thereof from a prior year shall run consecutively with the vacation of a succeeding year; and, a
period of three (3) or more months should normally elapse between the expiration of one year's
vacation and the commencement of the next year's vacation.
Requests to utilize accrued vacation shall be submitted in writing on City
approved forms to the Department Head. Department Heads shall respond to vacation requests
submitted on City approved forms within five (5) work days. Department Heads shall not
unreasonably delay responses to employee vacation requests. Nothing in this article shall be
construed to prevent a response to the employee's request before the expiration of five (5) work
days.
The vacation period to which any employee shall be entitled shall be assigned by
the Department Head in the calendar year when due, except when the Department Head with the
approval of the Mayor determines that an emergency or other valid factors prevent the employee
from utilizing hislher vacation during the calendar year when due. Should this occur, the
employee's vacation should be rescheduled at the very earliest mutually acceptable date.
28
General Unit MOU
E. Upon termination, payment for earned vacation or deduction for unearned
vacation shall be made on the basis of the hourly rate of pay being received by the employee on
the date of termination.
F. Whenever the terms "year" or "years of employment" appear herein, they shall be
deemed to include all services for the City, San Bernardino City Board of Water Commissioners
and the San Bernardino Free Public Library Board.
G. The employee shall not lose any vacation time off due to action by the City.
H. Vacation credits may be taken off in increments according to Department Work
Rules with prior Department Head approval.
1. When an employee returns to work after a break in continuous service, and when
such break in continuous service shall have been by leave of absence with the approval of the
Mayor and Common Council, vacation time shall not accrue during such break in continuous
service, but shall accrue monthly from the date of return to service from such approved leave of
absence, based upon the total length of service of the employee.
J. Employees may sell back UP to forty (40) hours of vacation time per year
providin!! that the followin!! conditions have been met:
1. Employees must have a minimum of one hundred twenty (120) hours
in their vacation balance before sell back occurs.
2. Employees must have taken a one-consecutive (1) week vacation
durin!! the past year prior to the sell back of hours.
3. Employees must complete a sell back form. which must include a
Department Head si!!nature.
4. Forms must be submitted to the Finance Department on or before
April 15th of each year.
5. Payment for vacation sell back hours will be paid (usin!! current
Council approved salary rates in the salary resolution) on the employee's May 15th
paycheck each Year.
SECTION 2 - Holidays
A. City Designated Holidays: Employees shall be entitled to twelve (12) City-
designated holidays, the equivalent of ninety-six 96 holiday hours each year. Effeew.'e
FelJrllRry 1000, PresideBt's Day willlJe added to the list of City desigBRted holidays. The
following days will be holidays for the purpose of this MOU:
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General Unit MOU
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Traditional Veteran's Day (November 11)
Thanksgiving Day
Day After Thanksgiving
Christmas Eve Day
Christmas Day
New Year's Eve Day
Plus sixteen (16) hours of Holiday Account time, per year (see subsection B).
All full-time employees within the bargaining unit, with the exception of those
employees shown in the following paragraphs, shall be allowed the above holidays at full pay
when such holidays occur within the regularly assigned working periods, provided they are in a
paid status during any portion of the working day immediately preceding or succeeding the
holiday. If it becomes necessary for an employee to work on any of the above-mentioned
holidays, except as provided herein, he/she shall receive pay at the regular rate and shall be
allowed another day off at full pay as approved by the Department Head.
B. Holidav Account: Effective each January Ist, unit employees will receive sixteen
(16) hours in their Holiday Account (formerly known as Floating Holidays). Employees
may maintain a balance of more than sixteen (16) hours in their holiday account during the
fiscal year, but may anI, earry a'o'er a tal&! ef sixteea (16) hellfS heliday time ta the neKt
e&!eadar year. at June 30t of each year only sixteen hours will be carried over to the new
fiscal year which begins on July 1st. fJt'f haliday aeeallRt hallfs aVllr siJrteen (Iii) haHfS aB
Deeemeer 31S<-af eaeh year will Be lest hellFS. Any Holiday Account hours over sixteen (16)
hours at June 30th will be lost.
If a holiday falls on a nine- (9) or ten- (10) hour workday, the employee will be
paid eight (8) hours holiday pay. The employee may supplement the holiday with accrued
vacation holiday account time, or no pay.
Each Department Head shall consider employees' requests for scheduling the
sixteen (16) holiday account hours per calendar year, provided however, the final right to allot
the hours to be observed is reserved exclusively to the Department Head. The Department Head
will not unreasonably withhold permission to take time off.
On City-designated holidays, new employees with less than six (6) months of
continuous service with the City will receive eight (8) hours of holiday pay and will be able to
"draw down" one (1) or two (2) hours from their holiday account, depending upon whether they
are working a 9/80 or a 4/10 schedule. They may also elect to take one (1) or two (2) hours of no
pay.
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General Unit MOU
Ifnew employees elect to "draw down" from the holiday account, the hours used
will be deducted from the sixteen (16) holiday account hours they receive upon the completion
of six (6) months of continuous service.
In the event of the employee's failure for any reason to take such holiday account
hours during the term of this MOU, the employee shall be paid for hislher holiday account
balance upon separation from the City.
C. Other Provisions: Employees who, due to scheduling, must work on a recognized
City holiday will be compensated on the basis of the number of hours worked on said holiday,
excluding lunch/dinner break. The hours accruing to the employee's holiday account for that day
shall not exceed eight (8) hours.
If a holiday occurs on a normal day off for an employee, the employee shall
receive no additional pay.
The decision as to whether in-lieu of time off or pay is to be received shall be
based on the availability of funds and needs of the department, as determined by the Department
Head. If in-lieu of time off is directed by the Department Head, it may be added to the regular
annual vacation period, but must be taken within one (1) year of the date in-lieu time was earned.
Employees of the Public Services, Refuse Division, except clerical employees and certain
designated employees of the City Fleet Division needed to support the Public Services, Refuse
Division operations, shall enjoy all the holidays listed above as they occur, except for Veteran's
Day, November 11; the Friday after Thanksgiving Day and, the holidays observed the day before
Christmas and the day before New Year's Day. Said employees shall receive an additional day's
pay for each such holiday on which they are required to work. If such holidays occur on a
normal day off for said employees, they shall receive no additional pay.
Holidays listed above shall be allowed on a Monday, if any such holiday falls on
Sunday, and shall be allowed on the preceding Friday, if such holiday falls on a Saturday for all
employees, except those covered by other provisions herein. If the Christmas and New Year
holidays occur on Mondays, these holidays and the holiday eves will be observed on Mondays
and Tuesdays.
At the beginning ef eaeh ealell.aar year, the City 'lIill aeteffiliae he'll many ef the
abeve heliaays fall en a r-egalarly sehedlllea day eft: Aa 8ffiJlleyee werkiag ea a 9/811 er 1/0
sehedllle '.Yill aeeme the eltui'laleflt RII.Iftiler ef hellTe ef heliaay time (helieay aeeellFlt) ':lith ene
(1) heliaay equi'ialeflt te eight (8) heurs. Heliaays earnea ia allY IYielve (12) meRtil. periea may
aet be aeellffilllatea beyefla that tetal RIl1llber efheliaR:i'S allewea eaeh year by the MOll.
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General Unit MOU
SECTION 3 - Sick Leave
A. Definition: Sick leave means the absence from duty of an employee because of
illness or injury, exposure to contagious disease or attendance upon a member of hislher
immediate family who is seriously ill and requires the care of or attendance of any employee.
hnmediate family means: husband; wife; grandmother; grandfather; mother; father; sister;
brother; son; daughter; uncle; aunt; mother-in-law; father-in-law; stepparents; stepchildren;
grandchildren; and, step-grandchildren.
Sick Leave Usage for Familv Members: Not more than ei!!hty (SO) hours fefty
f4Qj hours of sick leave within any calendar year may be granted to an employee for the care of
or attendance upon members ofhislher immediate family, as defined above.
Not more than forty (40) hours of sick leave within any calendar year may be
approved for an employee for each absence for purposes of attending the funeral of a member of
the employees' immediate family. The City may require an employee to submit evidence of
eligibility to use sick leave for purposes of attending the funeral of a member of the employee's
immediate family.
Sick Leave Usage for Emolovees: Upon the department's request, an employee
must provide a physician's statement to justify a sick leave of forty (40) consecutive hours or
longer. If the Department Head finds with just cause that sick leave is being abused, the
employee may be required to submit a doctor's statement.
No absence due to ilIness or injury in excess of forty (40) hours shall be approved,
except after the presentation of satisfactory evidence of illness or injury. A certificate from a
practicing physician or an authorized practicing chiropractor may be required by the Department
or Division Head, and shall be subject to hislher approval concerning such absence. The Mayor
and Common Council shall have the power to require that any person claiming the sick leave
benefits of this MOU be examined at any reasonable time or intervals by a designated physician,
and in the event of an adverse report, to reject such claim for sick leave, in whole or in part and
to terminate sick leave compensation. In the event of the refusal of any person to submit to such
examination after notification, the Mayor and Common Council may terminate sick leave
compensation and reject any claim therefor. The Mayor or Common Council shall have the right
to require the presentation of a certificate from a practicing physician or a designated physician
stating that an employee is physically or psychologically able to perform hislher work and duties
satisfactorily before permitting an employee who has been on sick leave to return to work.
In order to receive compensation while absent on sick leave, employees shall
notify their immediate supervisor or designee prior to or within thirty (30) minutes ofthe time set
for beginning their daily duties, or as may be specified in Department/Division work rules.
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General Unit MOU
Sick leave with pay shall be granted to all regular employees and to all temporary
full-time employees whose positions are funded under federal law who are regularly employed in
permanent or federally-funded positions, if such benefit is required by said federal law. Sick
leave shall not be considered as a right which employees may use at their discretion, but shall be
allowed only in case of necessity and actual personal sickness or disability, except as otherwise
provided herein.
Whenever an employee is compensated hereunder for sick leave or injury and has
not had a vacation at the end of the current calendar year, the employee must take vacation not
utilized due to illness or injury during the next calendar year.
B. All full-time, regular employees who have completed the first six (6) calendar
months of continuous service with the City shall be granted a sick leave accumulation of forty-
eight (48) hours. After six (6) months or more of continuous service, employees who are
compelled to be absent from work on account of ilIness or injury other than that which is
compensable under Article V, Section 5, shall be compensated for sick leave, provided that such
compensation shall cease upon the exhaustion of all accumulated sick leave. Employees shall
not accumulate sick leave while compensated under the provisions of Article V, Section 5.
Time off with pay for sick leave shall be considered as time worked for purposes
of the accrual of sick leave only. Sick leave usage shall not be decreased by the fact that any
legal holiday occurs during the time off on account of ilIness. The words "legal holiday" shall
have the meaning ascribed to them in Article V, Section 2. Sick leave shall not accumulate
during periods of leave of absence without pay.
In the event an employee works less than fifty percent (50%) of the total normal
work hours in the pay period, helshe shall accrue no sick leave for such pay period and shall not
be credited with the four (4.0) hours sick leave. Sick leave may be accumulated without limit.
Approved vacation, sick leave, holiday or compensatory time off shall be
considered as time worked for the purpose of computing sick leave benefits only.
Whenever the employee uses all allowable sick leave, further absences may be
charged against accrued vacation upon approval of the Department Head. If all allowable sick
leave has been used and use of accrued vacation is disapproved, the employee will take loss of
pay for the time not covered by allowable sick leave.
SECTION 4 - Payment of Sick Leave
Tae City saall pay effiJlleyees fer lIDlIsea siek lel1';e lIjlsa r-etiremeat er te the
estatefbeaefieiary ef aay SHeil. empleyee .....lie dies aaFiag effiJllsymeat. PaymeRt fer 59%, ef eaeil.
aeellffiulatea, UDlIsea siek leave shall be made, pre'liaea that ia ae eveat saall SHeil. eempeasatiea
exeeea 480 aalH'S ef Sliea lel1';e.
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General Unit MOU
.^.. Other Sepilfatiea iR Geea Stllilaiag: Tae City aRd UflieB agree te eeRtifllle te
meet ana eeRier ell paymeRt ef siek leave at seflaratiell ae later thBR JanlIlH'Y 2999.
Sick Leave Sell Back: Unused sick leave is pavable at any resil!nation without
preiudice (includinl! death and retirement) UP to a maximum of fifty percent (50%) of
unused Sick Leave UP to the 600-hour cap. Payment will be at current Council approved
salarv rates in the resolution.
For emplovees with over twenty (20) years of service. one hundred percent (100%)
of all unused sick leave UP to the 600-hour cap will be paid at resil!nation without
preiudice.
B. Sick Leave Sell Back: Effective January 1, 2001, employees with perfect
attendance in the previous calendar year will be allowed to cash out up to five (5) days (40
hours) of sick leave per year, providing the employee has at least 160 hours in their leave
account after the sell back to be eligible.
SECTION 5 - Catastrophic Leave
Upon request of an employee who is experiencing catastrophic illness, and upon approval
of the City Administrator and/or Department Head, leave credits (vacation or floating holidays)
may be transferred from one or more employees to the affected employee under the following
conditions:
A. Sick leave accruals cannot be transferred among employees.
B. The employee with a catastrophic illness or injury has exhausted all other leave
accruals and has completed at least one (1) year of continuous service with the City.
C. The donation must be in four- (4) hour increments of vacation, compensatory time
or floating holidays by employees who have completed at least one (1) year of continuous
service with the City.
D. Employees may not donate leave they would otherwise forfeit. For example,
employees who are separating from City employment may donate leave only up to the amount of
the payment they would receive upon separation.
E. Donations shall be on a form developed by the Human Resources Department
Head, signed by the donating employee, approved by the Department Head and verified by the
Finance Department. Procedures shall be as approved by the City Administrator.
F. An appeal will be considered on a separate basis, if denied.
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General Unit MOU
G. Unused donated time that has been credited to the requestinl! emplovee's
account will not be returned to the donor's account.
SECTION 6 - Injury Leave
Effective with the first day of necessary absence for industrial accident or illness leave,
eligible employees will be approved to receive Workers' Compensation benefits. Each employee
shall be authorized upon hislher written request to utilize the balance of hislher accumulated sick
leave, vacation, holiday account and compensatory time credit to augment the amount of
temporary disability helshe receives, to the extent the total sum received will result in payment
equal to hislher normal compensation. The utilization of sick leave for this purpose shall end
with the termination of the temporary disability or when the accumulated sick leave credits have
been exhausted, whichever occurs first.
When employees sustain what they believe to be an industrial injury or illness, they shall
request an "Employee Claim for Workers' Compensation Benefits" form from the supervisor.
The supervisor is required to give the employees this form within one (1) working day of the
City being notified of the injury. The supervisor will log date and time employees were given
form on Supervisor's Report of Injury. Employee must return Employees' Claim form to
supervisor to begin the process of filing an industrial injury. In the event the employee is unable
to prepare the form due to hospitalization, serious illness or injury, the supervisor or a member of
the department/division staff shall prepare the required report.
The City shall have the right to require the employee to be examined by a physician
designated by the City to assist in determining the length of time during which the employee will
be unable to perform the assigned duties, and if the disability is attributable to the injury
involved.
Should there be a dispute between the physician selected by the City and the physician
selected by the employee, a third physician shall be mutually agreed upon between the employee
and the City to examine the employee to assist in making necessary medical determinations.
If an employee is receiving disability payments, helshe shall be entitled to use only as
much sick leave or vacation as, when added to the disability payments, will provide for a full
day's pay.
SECTION 7 - Leave of Absence Without Pay
Leave of absence without pay is a temporary, non-pay status and absence from duty
granted at the request of the employee. Leave of absence without pay may be granted by the
City Administrator for a period not to exceed six (6) months, upon the positive recommendation
of the Department Head. Under justifiable conditions, said leave may be extended by the City
Administrator for additional periods. Leave of absence without pay will be considered
favorably, if it is expected that the employee will return to duty and that at least one of the
following benefits will result: increased job ability, protection or improvement of the employee's
35
General Unit MOU
health, retention of a desirable employee or furtherance of a program of interest to the City.
Examples of or conditions for which a leave of absence without pay may be granted are:
A. For an employee who is a disabled veteran requiring medical treatment;
B. For an employee who is temporarily mentally or physically unable to perform
hislher duties;
C. For an employee who files for or assumes elected office;
E. For maternity or paternity leave, upon the recommendation of the a physician;
E. For military leave when the employee has less than one (1) year service to qualify
for leave with pay;
F. For Union activities, upon designation by the Union.
An approved leave of absence without pay for sixty (60) days or less in any calendar year
will not be considered a break in service. Leave in excess of sixty (60) days shall result in the
advancement of the employee's anniversary date and compensation advancement date to such
date as will account for the total period of uncompensated time off. Failure to return to duty at
the expiration of the approved leave of absence without pay shall constitute an abandonment of
the position pursuant to Rule 507 of the Rules of the Civil Service Board and shall be prosecuted
consistently therewith.
The City's contribution towards an employee's health and life insurance premium will not
be extended beyond the last day of the month in which a leave of absence without pay begins, if
the leave of absence without pay becomes effective during the first fifteen (15) days of the
month, nor beyond the last day of the next succeeding month, if the leave of absence without pay
becomes effective after the fifteenth day of the month, unless the employee returns to work from
leave of absence without pay status prior to the date the City's contribution would be
accumulated. In the event the employee desires to maintain full health and life insurance
coverage while on leave of absence without pay status, helshe may arrange to pay the insurance
premiums for the coverage desired (both the employee and employer portions). It is the
responsibility of the employee to contact the City's payroll section in this regard. The payment
of the amount of the premiums must be made to the City's payroll section prior to the date on
which the City's participation will terminate. Payments must be made monthly thereafter until
the employee either returns to work or hislher employment with the City is terminated.
Upon an employee's return to work, the City's contribution towards the employee's health
and life insurance premiums will begin on the first day of the month following the end of the
leave of absence without pay. if that leave of absence without pay terminated between the first
and the fifteenth day of the month, or on the first day of the next succeeding month, if the leave
of absence without pay terminates after the fifteenth day of the month.
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General Unit MOU
Notwithstanding any other provision of this section to the contrary, the City will continue
its contribution for health and life insurance premiums of an employee on leave of absence due
to any injury or illness arising out of and in the course ofhislher employment with the City.
In circumstances in which either the Federal Family Leave Act or the State Medical and
Family Leave Act apply, the City shall adhere to the requirements of the Acts.
SECTION 8 - Witness Leave
Employees shall only be entitled to a leave of absence when subpoenaed to testify as a
witness in civil litigation involving the City, such subpoena being properly issued by a court,
agency or commission legally empowered to subpoena witnesses. This benefit shall not apply in
any case in which the subpoenaed employee is a party to the action. Witness leave shall not be
charged against any accumulated leave balances and shall be compensated at the employee's base
hourly rate. Employees shall only be entitled to paid witness leave if they provide a copy of the
subpoena to the City within twenty-four (24) hours of receipt.
SECTION 9 - Blood Donations
Unit members who donate blood in the interest of the City without receiving
compensation for such donation may have the required time off with pay with prior approval of
the immediate supervisor for each such donation. This benefit shall not be changed to any
accumulated leave; provided however, if the employee is unable to work after such donation,
time may be charged to accumulated sick leave or be taken as leave without pay. Evidence of
each donation must be presented to the appointing authority to receive this benefit.
SECTION 10 - Election Leave
Employees may request time off to vote in accordance with Resolution No. 89-38, as may
be amended. This is attached as an exhibit to the MOU.
SECTION 11 - Military Leave
Unit members on leave for military duty will be compensated pursuant to Military and
Veterans Code Sections 395, et seq. The specific compensation and reemployment rights of
individual employees shall be determined based upon the applicable requirements and Veterans
Code, copies of which may be obtained through the Department of Human Resources. All
military service shall be counted as City service when calculating whether the employee has
twelve (12) months of service with the City.
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General Unit MOU
Replacements for unit members on military leave will be hired with regular (rather than
temporary) position status. However, they will be subject to layoff when unit employees on
leave return.
SECTION 12 - Union President Leave
The City of San Bernardino and the San Bernardino City Employees' Association
(SBCEA) agree that the duly elected president of SBCEA shall be released from duty when on
occasion, out of the necessity of the office, it is necessary for the president of the Association to
be in attendance at union-related functions and occasions. Release shall be for a maximum of
forty (40) hours per fiscal year, 13eginniag July 1,1999.
In addition to the Union President Leave as described above. the City al!rees to
allow the release of one (1) additional SBPEA Board member. if such Board member is
assil!ned to a mid-shift assil!nment. Such release shall not exceed three (3) hours and shall
only be for the purposes of attendinl! regularlv scheduled meetinl!s of the SBPEA Board of
Directors.
Time off utilized by the president and other SBPEA board members shall not interfere
with the employee's regular City position. Time off for these purposes shall be approved in
advance by the Department Head or hislher designee.
In the event there is a dispute arising out of the amount of time used by the president, the
City Administrator or their designated representative and a union representative will meet as
soon as possible in an attempt to resolve the dispute.
SECTION 13 - Jury Duty
Every general permanent employee of the City of San Bernardino and every employee
whose position is funded under federal law or is employed in a federally funded position, if such
benefit is required by said federal law, are covered by this section.
Employees shall provide prior notice to their supervisors regarding jury service. In cases
where the completion on any day of such jury service does not exceed a period of four (4) hours
duration of the employee's assigned work shift, it shall be the responsibility of the employee to
return to work within a reasonable time after hislher release or discharge from such jury service
on that day. However, where such employee is required to continue injury service for a period
in excess of four (4) hours duration on any such regularly scheduled working day, said employee
shall not be required to work on that same day ofhislher release or discharge from jury duty. If
the start of the employee's shift is two (2) hours or more prior to the commencement of jury duty,
the employee shall be required to report to work. This is subject to adjustment based on the
location of jury service.
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General Unit MOU
Under such circumstances of compensable jury service, every general permanent
employee or every federally funded general employee as aforesaid, shall be paid their regular
pay less jury duty fees while serving on jury duty provided a copy of all jury fees paid to the
individual employee, less automobile expenses allowed, are submitted to the City Finance
Department.
Employees shall notify their superiors of any call for jury service promptly upon receipt
of notice thereof, and of any absence from duties due to such jury service in order that a
replacement or substitute may perform their duties. When an employee fails to promptly report
the receipt of all call to jury service, when so required or fails to promptly notify their superiors
regarding the absence for jury service, said employee shall be considered as absent without leave
and no salary compensation shall be paid.
In the event, during the course of any jury service, an employee is ordered by a judge or
other officially recognized judicial body into a state of sequester, the employee shall be paid the
regular wage during such time of sequester without supplement from any accrued bank of time.
Any employee who is summoned to Grand Jury Service shall be entitled to all benefits,
restrictions and requirements of this section.
ARTICLE VI - WORKING CONDITIONS
SECTION 1 - Work Periods
A. City Work Schedules: City work schedules shall be as herein defined, except as
otherwise provided for:
1. 5/40 Work Schedule: The 5/40 work schedule shall consist of a forty- (40)
hour work week consisting of five (5), eight (8) hour work days, exclusive of any meal periods
assigned by management.
2. 9/80 Work Schedule: The 9/80 work schedule shall consist of eighty (80)
work hours in a two (2) week period, consisting of eight (8), nine (9) hour work days and one
(1), eight (8) hour work day, exclusive of any meal periods assigned by management.
3. 4/10 Work Schedule: The 4/10 work schedule shall consist of a forty- (40)
hour work week consisting of four (4), ten (10) hour work days, exclusive of any meal periods
assigned by management.
Work schedules shall be posted on all department bulletin boards showing the employees'
shift, work days and where known, hours.
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General Unit MOU
B. Work Schedule Adjustments: It is understood and agreed that Department Heads
shall establish such work schedules as may be necessary for the efficient and economical
provision of services for the public, and to make such adjustment in work shifts as are from time
to time required. The City shall give the employees and the Union two (2) weeks' notice of any
proposed changes in scheduled work shifts prior to implementation. If the Union wishes to
consult with management regarding the proposed changes, it shall notify the City within seven
(7) calendar days from receipt of notice. Upon notification by the Union, both parties shall meet
within ten (10) calendar days in an earnest effort to reach a mutually satisfactory resolution of
any problems arising as a result of the proposed changes. Work schedule changes resulting from
an emergency situation or circumstances, which disrupt normal City operations as determined by
the Department Head are not bound by the two- (2) week notice requirement.
If a light-duty assignment for an employee will result in a shift change, e.g., from day
shift to graveyard shift, the City shall give the employee and the Union two (2) weeks' notice of
any proposed shift changes prior to implementation. The procedures described in the first
paragraph of Section B above shall apply.
A. This section does not include minor adjustments in the starting and ending times
of employee shifts
B. During the two-week notification period, the employee continues on current
status/schedule.
SECTION 2 - Physical Examinations
The City shall pay medical fees for the physical examination of any unit member within
the unit of representation. When such exarnination is required and directed by the City after
employment. The City may arrange with a physician or medical group for such examination, or
if the situation warrants, the City may authorize an employee to be examined by a doctor of
hislher choice. In the event an employee is authorized to be examined by a doctor of hislher
choice, reimbursement shall be made by the City for the cost thereof, provided, however, that the
amount of reimbursement shall not exceed the cost the City would have paid its contract
physician or medical group.
SECTION 3 - Probationary Period
All new or newly promoted employees must serve a one (1) year probationary period.
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General Unit MOU
SECTION 4 - Seniority
Department Heads will consider seniority in authorizing vacations, scheduling shift
assignments and transfers. Seniority shall prevail when all other factors are not significantly
different. "All other factors" is defined as special qualifications, skills, work performance, as
well as attendance and safety. An employee shall not attain seniority until the completion of a
probationary period, upon which time the seniority date shall be from the last date of hire within
the department, division or section. In the event of layoffs, due to lack of work or funds that the
department deems it necessary to reduce the working force, the last employee hired within the
classification so reduced shall be the first laid off unless helshe possesses special qualifications
or whose loss of skills would adversely affect the public welfare or has superior work
performance that can be documented.
Emergency, temporary and provisional employees shall be laid off in that order prior to
the layoff of permanent employees in the same class. In a department where there is more than
one class having equal rates of compensation, any probationary or regular employee subject to
layoff under this rule shall, in lieu thereof, be allowed a transfer to a position in one ofthe other
classes of equal compensation for which helshe possesses the minimum requirement of
knowledge, skill and experience provided that the employee subject to layoffhas longer service
in hislher class. Any regular employee subject to layoff under this rule shall, in lieu thereof, be
allowed a demotion to the next lower class ofhislher department in which the employee subject
to layoff possesses the minimum requirements of knowledge, skill and experience and shall
become the senior employee of that class for the purposes of this rule. Any employee laid off or
demoted to a lower class or transferred to an equal class under this section shall have the right for
two (2) years to be reemployed, transferred or promoted to their former class or any lower class
upon the first vacancy occurring in any such class in the department provided he or she possesses
the minimum requirements of knowledge, skill and experience for such vacancy and such rights
shall take precedence over the regular employee or promotion lists. An employee so reinstated
from the reemployment preferred register shall regain tenure-seniority for prior service. Notice
of reduction in force shall be presented to the Union and the affected employees. Such notice
shall be in writing by the Human Resources Department. An employee shall be given at least
thirty (30) days' notice prior to layoff.
SECTION 5 - Reasonable Suspicion Drug and Alcohol Testing
In addition to employees already covered under the Department of Transportation (DOT)
drug and alcohol testing, all General Unit employees will participate in reasonable suspicion
drug and alcohol testing, following the reasonable suspicion Drug/Alcohol Testing Procedure
described in the City of San Bernardino's Policy on Drug and Alcohol Testing of Employees
with Commercial Driver's Licenses. (Exhibit 4)
If a supervisor has a reasonable suspicion that an employee has been abusing drugs or
alcohol, that supervisor will take one of the steps listed below prior to referring an employee for
a test, and will document hislher observations on a reasonable suspicion checklist:
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General Unit MOU
A. Seek the concurrence of another supervisor if a second supervisor is in the
immediate vicinity; or,
B. Notify hislher Department Director, Assistant Director or immediate supervisor if
a second supervisor is not in the vicinity.
The conduct of the employee must be witnessed by a supervisor who has received
training consisting of at least six (6) hours on identification of actions, appearance or conduct
which are indicative of the use of drugs or alcohol. A supervisor must directly observe and
document the behavior. Reasonable suspicion may not be based on hearsay.
Training will be provided by police officers possessing a Drug Recognition Expert (DRE)
certification issued by the National Highway of Traffic Safety Administration (NHTSA).
Training will be provided to all current Middle Management Unit supervisors following
ratification of this MOU. The training will be videotaped for the purpose of training newly
appointed supervisors and serve as refresher training for all supervisors, as needed. Follow-up
training classes will be provided to newly appointed supervisors in a group session when that
number reaches five (5) or more.
In addition to training supervisors, the City will offer an overview to full-time regular
employees in the detection of drug and alcohol use.
ARTICLE VII - GENERAL PROVISIONS
SECTION 1- Waiver Clause
The parties acknowledge that during the meet and confer process which resulted in this
MOU, each had the unlimited right and opportunity to make demands and proposals with respect
to any subject or matter not removed by law, City Charter, ordnance, resolution, personnel and
departmental rules and regulations, from the scope of negotiable issues and that the
understandings arrived at by the parties after the exercise of that right and opportunity are set
forth herein. Therefore, the City and the Union, for the life of this MOU, each voluntarily and
unqualifiedly waives the right to meet and confer and each agrees that the other shall not be
obligated to meet and confer with respect to any subject or matter referred to or covered in this
MOU or with respect to any subject or matter not specifically referred to or covered in this
MOU, even though such subject or matter may not have been within the knowledge or
contemplation of either or both of the parties at the time they negotiated or signed this MOU.
SECTION 2 - Severability
It is understood and agreed that this MOU is subject to all current and future applicable
federal and state laws and regulations and the current provisions of the charter, ordinances,
resolutions and of the rules and regulations of the City. If any part or provision of this MOU is
42
General Unit MOU
in conflict or inconsistent with such applicable prOVlSlons of those federal, state or city
enactment's, or it is otherwise held to be invalid or unenforceable by any court or competent
jurisdiction, such part or provision shall be superceded by such applicable law or regulations, and
the remainder of this MOU shall not be affected thereby. The parties hereto agree to refrain from
initiating any action that would invalidate any part of the MOU.
SECTION 3 - Printing of Memorandum of Understanding
The City shall pay one-half (1/2) of the cost of printing the MOU. The City shall
distribute the MOU to the bargaining unit and new employees. The City will provide an
initialed/signed distribution list of employees to the Union after distribution of the MOU.
SECTION 4 - Term of Memorandum of Understanding
The term of this MOU extends through June 30. 2004 JIlBe JO. 1001. If negotiations
regarding an MOU are in progress at the time the current MOU expires or if the parties are at
impasse, the current MOU shall remain in effect until a successor MOU is adopted by the Mayor
and Common Council.
SECTION 5 - Notice ofIntent to Reopen
The parties agree that, if either party desires to propose changes in the terms or conditions
of this MOU for the period following expiration of this MOU, such requested meeting shall be
held at least one hundred twenty (120) days before the expiration of the MOU Helise shall
Be gi';eB te the ether Het later thaR the last werkiag day ef February ia the last year ef the
eeRtraet, that suoo disellGsieas are desired. Such notice shall request a meeting to begin
negotiations and establish ground rules which shall include, at a minimum, the date beyond
which no further proposals may be submitted by either party.
43
General Unit MOU
GENERAL UNIT EMPLOYEES'
MEMORANDUM OF UNDERSTANDING
2001 - 2004
Executed this
day of
2001.
Mayor
City of San Bernardino
San Bernardino Public Employees'
Association (SBPEA)
City's Designated Representative
ATTEST:
/-)
I J"
'/It ~-"-e..k.
City Clerk
1
t-.) (I' , L
/,x L...tAvL/C
Approved as to form
And legal content:
J.-. }1"1=
i Attorney
44
General Unit MOU
'7
2001-303
GENERAL UNIT EMPLOYEES'
MEMORANDUM OF UNDERSTANDING
2001 - 2004
..,
<''11
~
Executed this 31st day of October 2001.
,
or
C' y of San Bernardino
./
- -'l...---
San Be i 0 Public Employees'
A~iation ( PEA)
G ~
rJ. A)vIO>.r'(~ \ \ C~d \.
City's Designated Representative .
:QI~/
Ie . jk~
,
:..'
,
~~~ ,r fJj0.iJj;~
11vJ~ G. JUJ-d1
x~
::,'
l]n111W~'
'.
~' 0/77/
, }-l-LX"'1....- , /{<cx;,.'t::....t.(
;..;,
ATTEST:
.
:-';
;/) ), ". -~) (' .t' _ r .LI...
j.l(- ~- ",z..L x -'- ~
City Clefk
Approved as to form
And legal content:
J.... 71_
. Attorney
l
44
General Unit MOU