HomeMy WebLinkAbout1998-028TERM/EXPIRATION: 7/1/97 - 6/30/99
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
Resolution No. 9a-28
RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO
AND EMPLOYEES IN THE GENERAL EMPLOYEES' BARGAINING UNIT OF THE CITY
OF SAN BERNARDINO REPRESENTED BY SAN BERNARDINO PUBLIC EMPLOYEES'
ASSOCIATION.
WHEREAS the designated representatives of the Mayor and Common Council met and
conferred in good faith with representatives of San Bernazdino Public Employees' Association
(SBPEA) representing the unit of General employees of the City of San Bemazdino, in
accordance with the provisions of Government Code Sections 3500-3510, to agree upon a new
Memorandum of Understanding (MOU);
WHEREAS such meetings resulted in agreement on an MOU (Exhibit A, a copy of
which is attached hereto and incorporated herein) effective July 1, 1997, through June 3Q 1999.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Exhibit A to this resolution is hereby adopted establishing wages, hours
and working conditions for employees in the General employees' bazgaining unit of the City of
San Bernazdino.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernazdino at a ioint regularmeeting thereof, held on
23 the zna
24
25 ////
26 ////
27
////
28
day of February ~ 1998, by the following vote to wit:
98
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A
MORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO
D EMPLOYEES IN THE GENERAL EMPLOYEES' BARGAINING UNIT OF THE CITY
SAN BERNARDINO REPRESENTED BY SBPEA.
AY ~~
x
x
x
x
x
x
x
ABSENT A T
~D a
ia.C. ~.~C~. ~
City Jerk
da Of February
The foregoing resolution is hereby approved this _ y
1998.
-~~ ,~~,~
Tom Minor, Mayor
City of San Bernazdino
~ved as to
and legal content:
JAMES F. PENMAN
City Attorney
By: ~ C~
2
98-28
1997 - 1999
GENERAL
UNIT
EMPLOYEES'
MEMORANDUM
OF
UNDERSTANDING
CITY OF
SAN BERNARDINO
OFFICE OF THE
DIRECTOR OF PERSONNEL
98-28
TABLE OF CONTENTS
Article/Section
Resolution No.
ARTICLE I
Ti
Implementing a Memorandum of Understanding
Defmition of Terms
ADMIPiLSTRATION
Paee
1
3
4
Section 1 Management Rights 4
Section 2 Employee Rights 4
Section 3 Contract Services 5
Section 4 Agency Personnel Rules 5
Section 5 Safety Committee 6
Section 6 Labor-Management Committee 7
Section 7 Time Off For Employee Representatives 7
ARTICLE II EMPLOYER-EMPLOYEE RELATIONS 8
Section 1 Recognition/Union Security 8
Section 2 No Strike 8
Section 3 Payroll Deduction for Union Dues 9
Section 4 Grievance Procedure 10
Section 5 Union Representation 12
Section 6 Employee Lists 13
Section 7 Skelly Rights 13
Section 8 Non-Discrimination 14
Section 9 Personnel Files 14
Section 10 Bulletin Boards 15
Section 11 Budget Documents 15
Section 12 Employee Orientation IS
Section 13 New Employee Information 15
Section 14 Mailbox 16
ARTICLE III COMPENSATION 16
Section 1 Salaries 16
Section 2 PERS 16
Section 3 Overtime 17
Section 4 Higher Acting Classification Pay 17
Section 5 Classification Appeal I8
General Unit MOU
98-28
Article/Section Title Paee
Section 6 Call-Back/Standby Assignment & Pay 18
Section 7 Shift Differential 20
Section 8 Personal Tool Replacement Allowance 21
Section 9 Fines 22
Section 10 Bilingual Pay 22
Section 11 Reclassification 22
ARTICLE IV FRINGE BENEFITS 23
Section 1 Health/Life Insurance 23
Section 2 Uniforms, Rain Gear & Safety Equipment 24
Section 3 Education Tuition Assistance 25
Section 4 Parking Facilities 27
Section 5 Employee Assistance Program (EAP) 27
ARTICLE V LEAVES 28
Section 1 Vacations 28
Section 2 Holidays 29
Section 3 Sick Leave 31
Section 4 Payment for Unused Sick Leave 33
Section 5 Catastrophic Leave 34
Section 6 Injury Leave 34
Section 7 Leave of Absence Without Pay 35
Section 8 Witness Leave 37
Section 9 Blood Donations 37
Section 10 Election Leave 37
Section 11 Military Leave 37
Section 12 Union President Leave 38
Section 13 Jury Duty 38
ARTICLE VI WORKING CONDITIONS 39
Section 1 Work Periods 39
Section 2 Physical Examinations 40
Section 3 Probationary Period 40
Section 4 Seniority 41
Section 5 Reasonable Suspicion Drug and
Alcohol Testing 41
General Unit MOU
98-28
Article/Section Ti Paee
ARTICLE VII GENERAL PROVLSIONS 42
Section 1 Waiver Clause 42
Section 2 Severability 43
Section 3 Printing of Memorandum of Understanding 43
Section 4 Term of Memorandum of Understanding 43
Section 5 Notice of Intent to Reopen 43
SIGNATURE PAGE
EXHIBITS
45
Exhibit 1 Resolution No. 6413, Section Ten: General Employees
(for 29b salary increase effective 2/1/98)
Exhibit 2 Resolution No. 6413, Section Ten: General Employees
(for 1% salazy increase effective 3/1/99)
Exhibit 3 Resolution No. 89-38, Employees' Time Off to Vote
Exhibit 4 City of San Bernazdino Reasonable Suspicion Drug/Alcohol Testing
Procedure
Gener¢1 Unit MOU
98-28
DEFINITION OF TERMS
Citv: The City of San Bernazdino.
Classification: Includes titles listed in Section 10 of City Resolution No. 6413, as
amended.
Dav: As it pertains to a holiday, sick leave day, or a vacation day, one
(1) "day" equals eight (8) hours, unless otherwise specified.
Exclusions: Excluded from the General Unit for purposes of representation
aze: 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.
General Unit: 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"
above.
Mandatory and
Permissive: "Shall" is mandatory; "may" is permissive.
MOU: Memorandum of Understanding
Union: The exclusive bazgaining representative for the General Unit.
General Unit MOU
3
98-28
ARTICLE I
ADMINISTRATION
SECTION 1
M~gn Dement 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, 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 aze not limited to: the exclusive right to determine the mission of its constituent
departments, commissions, and boazds; set standazds of selection for employment and
promotions; direct its employees; establish and enforce dress and grooming standazds; 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 aze to be conducted;
determine the content and intent of job classifications; determine methods of fmancing;
determine style and/or types of City issued wearing appazel, equipment or technology, means,
organizational structure and size and composition of work force and allocate and assign work
by which the City operations aze 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 standazds; dischazge, 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
EmDlovee Rights
A. Employees of the City have the right to form, join and participate in the activities
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 have the right to represent
General Unit MOU
4
98-28
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.
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 employees to lose their jobs because of a decision
to contract work. However, if a decision is made by the City to contract work not now
contracted, and that decision will result in change in the work status of employees in the Union
representation unit, prior to concluding the reseazch and analysis necessary for the
implementation of such a decision, the City will meet and confer in good faith concerning the
manpower resource considerations involved and receive recommendations from the Union to
reduce the impact upon jobs performed by unit employees.
The City agrees to refer to the privatization committee in advance of submitting to the
Mayor and Common Council any matter concerning the contracting out of services currently
performed by General Unit employees.
SECTION 4
~en~v 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 the "Civil 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.
Any departmental work rules initiated, established, and promulgated by the City shall be
General Unit MOU
5
98-28
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.
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 Duector of Risk Management 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
"vehiculaz" accidents and make recommendations on how the accident could have been
prevented. The Boazd 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 awaze 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 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 working days' notice to the other side, select an
alternate from apre-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.
General Unit MOU
6
98-28
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 aze 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. Rewmmendations shall be considered by
management. The Union will provide a list of the three (3) Committee members to the Director
of Personnel 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 working days' notice to the other side, select an
alternate from apre-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 F.mplovee 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 work day. The Union will submit names of employees to the Personnel
Department prior to the first meeting. The Union will provide any changes in employee names
to the Personnel Department prior to subsequent meetings. The time must be scheduled in
advance. Department approval is required for release time.
Following is the breakdown of employees by Department/Division:
Animal Control 1
City Hall
Department or Division 1
Facilities Management 1
Fire 1
Library or SBETA 1
Parks, Recreation & Community Services 1
Refuse Division 1
General Unit MOU
7
98-28
Police 2
Streets Division 1
Tonal 10
ARTICLE II
EMPLOYER-EMPLOYEE RELATIONS
SECTION 1
Recognition/Union Security
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 regulaz 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/wnfidential, middle-management, or subsequently
so designated by the City, positions established and created under Federal contract, and those
employees while under provisional 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 grievances 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 trike
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 aze unproductive to City operations and services provided
to its citizens. The Union and the City agree that they shall at no time or in any way jeopazdize
the public health, welfaze, 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
General Unit MOU
8
9R-7R
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
P~vroll Deduction for Union Dues
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 bazgaining unit.
Conversely, no other employee organization shall be permitted dues deduction privileges for
employees within the bazgaining 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
regulaz 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's 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 aze 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 cover 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, 1993, and those employees
who thereafter become members shall remain as members in good standing of said Union for
the duration of this MOU, except as provided for in this article.
During the first full work wcek in June, a member may request to the Finance
Department, in writing, with a copy to the Union President, to withdraw his/her 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 regards to employee organization dues. In
General Unit MOU
9
98-28
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 Empl~vee 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 ' 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
Affirmative Action 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 Duector of Personnel, 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 Dav: As used in this section, "working day"' shall refer to the employee's
working day or to the worling day of the other party involved (supervisor, Division Head,
Department Head, Duector of Personnel, City Administrator and/or their designees), depending
upon whose response or action is pending.
Procedural Steps for HandlinY Grievances:
A. Inf rm 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 ]mowledge of the incident's occurrence. The date and the subject
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
General Unit MOU
10
98-28
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 his/her 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
his/her designated representative within the next ten (10) working days of receipt of the written
grievance and shall deliver his/her 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 Personnel within ten (10) working days from the date of delivery of
said answer. The Director of Personnel, or his/her 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 grievance is still not adjusted, the aggrieved party may file a written
appeal with the City Administrator or hislher designated representative within ten (10) working
days from the date of delivery of said answer.
The City Administrator or his/her designated representative shall deliver
his/her answer, in writing, within ten working days after receipt of the appeal.
(4) The decision of the City Administrator or his/her designated representative
is final and binding on all parties, unless reversed 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 limits listed
above shall be deemed settled on the basis of the Union's original demand. Likewise, any
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
General Unit MOU
11
98-28
grievances aze 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
employees within a department, the group shall appoint one (1) or two (2) employees who signed
the grievance, to speak for the collective group throughout the grievance process.
F ['.ivum~rr Arlrirnrinn: Die (itv a¢nes to br¢in to meet and corer with the
[.rarm! Unit an tht issue ojFgric-nntx rnadiatiat bc~~g no later than February 1 19516
SECTION 5
Union Representation
When requested by an employee, a stewazd 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 Division or Department Head. Approval to investigate and process a grievance will not be
unreasonably withheld.
The privilege of stewazds 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 wmpensation 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 stewazd for every 50 permanent employees in the unit shall be recognized
by the City. Any substantiated abuse of the privileges accorded stewards with regazd 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 session
between the City Administrator or his/her designated representative to resolve the problem.
Punitive action shall not be taken against employees for performing their duties as stewazds.
The Union shall furnish the Director of Personnel with an up-to-date stewazd 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 stewazd who has left the bazgaining unit or City
employment.
General Unit MOU
12
98-28
SECTION 6
I~mDlPyee Lists
The City agrees to provide the Union with a list of names of the General Unit employees,
by City department, every six (6) months, beginning in January of each year.
SECTION 7
Skelly lti¢hts
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 therefor, and will be provided with a copy
of the charges including material on which the action was based. Employers 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
Head/Division 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.
~ p. •~... ~ to LYa ~A^~S 9rr09 the GSty mad tht Union will meet mrd confer on
a._ ;. ;,e of wrincn n~Plll~>JY *•, ter than February 1. 1998.
General Unit MOU
13
98-28
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 defined 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 of reasonable accommodation.
SECTION 9
Personnel Files
A. The Personnel 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 grievance.
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 material. 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 review may be made during working hours, with no loss of pay for
time spent, and the employee may be accompanied by hislher 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.
General Unit MOU
14
98-28
E. A full-time. nenmanent erwlayee shall halve 30 x+orking days within which to file
a written rcFponse to an emolovee nerfonmance evaluation etuered in his or her personnel fL
Such written r~~orue shall be attached to the ema~pgrfonnance evaluation. 71te 30
worldng~{yg will corronence with the date the emo]gye` nceivrs the evaluation for signs
The Personnel Llenaranent will distribute to all Ciry~gpardnents a memornttdtan e~rlaininr
emnlovte p~rfottnm~ce evaluation resttonse pra:edures for General Unit e» 1pjQygg,~
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 pertinency 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
BudPet Documents
The City agrees to provide the Union, at no cost, one 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 terms and
conditions, as part of the employee orientation program conducted by the City for new
employees.
SECTION 13
New Emplovee Information
Once per month, the Personnel Department will furnish the Union with information on
new General Unit employees, excluding their home addresses. Data will include employee
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 Mayor and
Common Council.
General Unit MOU
15
98-28
SECTION 14
Mailbox
The City will offer a mail slot for the General Unit in the mailroom azea established for
City departments.
ARTICLE III
COMPENSATION
SECTION 1
Salaries
Salaries are per Resolution No. 6413, Section Ten, as amended by the Mayor and
Common Council.
A t-uo neraent f2%1 salary increase shall become eltectiue February 1 1998 r~
emolovees A one percent (1 %~ increase shall become tifectiue March 1 1999
SECTION 2
PER
F~4y etwlovee hired on or after lamrar-r I. 199'8. the City will pgy f~nercent (5%)
Qf~~ 7% members' contribution to PERS credited to the employee's account as a f~Pe benefit
Upon ~ annlong,~corgpletinP (51 vhf service the City will ply twn netrent 2%)
additional of the members' contribution m PElLS credited m the employee's account as a frinYe
I~enefit on the f r~~neriod of the sixth year of service.
The City contracts with PERS for employees' retirement benefits. General Unit
employees aze normally eligible for "Service Retirement" once they reach age 50 and have five
(5) years of PERS-credited service. There is no compulsory retirement age for employees, such
as General Unit employees, who aze local miscellaneous members of PERS.
Employees inquiring about exceptions or about Disability Retirement should contact the
City Personnel Department or a PERS Area or Field Office.
7Lr (Ynr~grers m amend itc PERS contras to ~y the erpplover contribution for the
Fourth I.euel 1959 Survivors' Benefit.
General Unit MOU
16
98-28
SECTION 3
v ime
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 (PISA).
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 duetted, it shall be
regulated by and paid in accordance with the provisions contained in Article III, Section 5.
ComRgnsatory 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 80 hours, the employee will be paid
for all subsequent overtime worked. By the end of each calendar year, an employee's
compensatory time bank must be reduced to 40 hours. Any hours in the compensatory time
bank in excess of 40 hours as of January 1st of each year will be paid at the employee's regular
rate of pay, and will be included on the sewnd paycheck in March.
If the employee terminates employment, or if the employee is promoted to another
position in the City, the compensatory time bank will be paid off at the then current rate of pay.
SECTION 4
Higher Acting Classification Pav
Upon approval by the City Administrator, aDepartment/Division 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.
An employee so assigned in writing by the DepartmentlDivision 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 prove that they have served a total
General Unit MOU
17
98-28
of 20 days in a higher acting classification during the previous 24 months, based upon their
official Personnel Department records. The entire period of assignment at the higher
classification including the initial work demonstration period may not exceed 60 working days
except by the mutual agreement of the City and the employee.
An employee assigned to work in a higher classification on an acting basis shall receive
at least 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 believe they have been unable to resolve the situation
satisfactorily, shall have the right to appeal their issue via the current grievance procedure
(Article II, Section 4).
SECTION 6
Call-13ack/Standby Assignment & Pav
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 his/her home (or
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:
Standby Status
For the employee's five (5) work days
during their work week (or prorate at 1.0)
For the employee's two (2) non-work days
during their work week (or pro rate at 2.5)
OR,
Hrs Compensated
5 work hours
5 work hours
General Unit MOU
18
98-28
For all seven (7) days during a work 10 work hours
week
AND,
For any holiday, as described in this MOU, 1 extra work hour
during which the employee stands by for all per holiday -added
or any portion of the 24 hour day to the above
The hours described above will be treated as time worked and paid at the rate of time-
and-one-half. 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
FLSA overtime rate of time-and-one-half.
~p~ aYtres to 'a to mea mi d confrr with t he (,tner al U nit on the icrue ~'Mimal
' "
incon-+e
Control fNrcers nxeirinr extra nience conviai smiott
} ~pg 8er calls rectiued while
on stmtdbv.
General Unit Call-Back Pam An employee cannot be in standby status and call-back
status at the same dme.
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 unless the employee has worked less
than 40 hours in the work week due to use of paid or unpaid sick time. In such cases, the
employee will be paid straight time. Department Heads may, however, pay at the FLSA
overtime rate of time-and-one half 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 one-half
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 Standazds Act 29 CFR 785.17.
Departments and Divisions which utilize call-back/standby will prepare a list of qualified
employees. Department/Division 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.
General Unit MOU
19
98-28
Departments and Divisions may use procedures that vary from the above, if the
procedures are: (1) consistent with Department/Division work rules; or, (2) implemented as a
result of an emergency situation.
~]Qjy~ Count Suhtroena 4Frnt: All cttv~~jQyees n pppeari ng i n co urt on t heir day off
for a
with xnnE al~!red inu_~S subpoen
a three (~I hour minirntun. a will receive c_rion
Additionallv~n-plovees >KII for th
receiv t act
e on ual t
e-ha ime de
lf 11/21 nt in covet.
hour travel
rt,». ~g~ to court F3gplove for al
es will be reimbursed l pan ~nr fees associa ted with the
covet ~-earmrce.
In the e-rnt an tmplovee ,
is placed on standbv on thei
r dav
~ff f
or a
x~on/c r
elated coon
subp oena. the emp~ree will ret xive three (3I hours standb y pgy for each day o n a standbv
Fi
All court-elated cotru~enration will be paid as time wnnFed and at the appro~
straight time. or >-htre anylicable. at the FLSA overtime rate. Such compensation is in addition
to c~mnensation fp_~y prior time actually wnnked pursuant ro such subpoena.
It is henLy~. oral between the twrtiec hereto. that the General Unit ar~j~~
cohered this provision an not so se-+ere/y rrstrided in their activities while on standbv status
as to be 'wnnting,yNhile 'on call'.' as that term is used in the Fair Labor Standards Act 29 CFR
T8S.17
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 regulaz base rate of
pay, for actual shift work designated as either the swing or graveyazd shift.
A. An employee assigned to the "swing" shift (normal start and ending time of 4:00
General Unit MOU
20
98-28
n _ r
p.m. to 12 midnight, respectively) shall receive 25C per hour extra for all hours actually worked
during such assignment; or,
B. An employee assigned to the "graveyard" shift (normal start and ending time of
12 midnight to 8:00 a.m., respectively) shall receive 35C per hour extra for all hours actually
worked during such assignment.
C. The provisions of subsections A and B immediately above notwithstanding, the
following personnel shall receive the following additional compensation for work as the "swing"
or "graveyazd" shifts:
Police Record Clerks: Differential Pay
Police Records Clerk II $.3872 per hour
Police Records Clerk I $.3555 per hour
Police Records Clerk Trainee $.3007 per hour
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 $275 per yeaz, per employee. Only those employees in the
following position classifications shall be entitled to such allowance:
DeoartmentlDivision
(1) Fleet Division
(2) Engineering
(3) Facilities Management Division
(4) Fire Department-Maintenance Shop
Classification(sl
Mechanics & Lead Workers
Traffic Signal Electricians
Maintenance Personnel
(includes Plumbers) &
Electricians I & II
Mechanics
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 mazked 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 on the job
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 mason. Damaged tools which
aze replaced through reimbursement by the City as above shall be turned in to the Department
General Unit MOU
21
98-28
Head and shall become the property of the 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 effectively accomplish work assignments shall be eligible to
receive aone-time tool purchase allowance not to exceed $100 to assist in making such
purchase.
SECTION 9
F"w~e.
The City shall pay for court fines imposed upon any permanent General Employee within
the unit of representation as a result of his/her 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 Pav
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 $50 per month. The duties of the employee receiving bilingual pay may be reviewed
annually to determine that bilingual dudes assigned to an employee aze being performed on a
regular and frequent basis. The designated employees may be tested annually for certification
and recertification.
Not more than 20 General Unit employees may be designated to receive bilingual pay.
The City Administrator or designee will retain the right to select the 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.
SEC770N ll
Reclass~cation
Tom' aQreec to bringforward a seouest to nclassr~our (41 Police Records G7erk II's
to the Mid Managanent Unit.
General Unit MOU
22
98-28
ARTICLE IV
Section 1
Health/Life Insurance
A. As of January 1, 1996, the City will contribute an additional $25/month toward
health premiums for unit employees, inclusive of subsection C: (1) for Employee plus One or
More Dependents, the $25/month will result in an increase to a flat rate of $300/month; (2) for
Employees with No Dependents, the $25/month will be added to the Kaiser South premium for
employees with no dependents.
As of July 1, 1996, the City will contribute an additional $15/month ($15/month
more than in January 1, 1996) towazd health premiums for employees.
As of March 1996, the Kaiser South premium for employees with no dependents
was $165.44/month. If, at the time of the next open enrollment this rate varies, the City will
make the appropriate adjustments.
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 contribution 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 contributions described in subsection A.
C. The City shall contribute a maximum of $16 per month per 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 plan 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 $10,000 life and accidental death and
dismemberment plan insurance coverage at no cost to the employee.
General Unit MOU
23
98-28
H. Each member of the bazgaining unit is eligible to participate in aCity-sponsored
program of annual cholesterol checks and dietary counseling.
I. All employees shall participate in the City-sponsored long-term disability (LTD)
insurance plan. The City will pay 100% of the LTD disability insurance plan premium for
employees during the length of this contract, effective July 1, 1996.
Section 2
Uniforms. Rain Gear & Safety ui ment
A. The City shall provide uniforms for the following position classifications:
(1) Animal Control Division:
Animal Control Officer
Re¢istend Veterinary Technician
Animal Shelter Attendant
Senior Animal License Checker
(2) m t :
Pant Maintenance Worker 17
Pant Maintenance Worker III
(3) EnEineering Division:
Traffic Signal Electrician
Maintenance Worker I's and II's and
Lead Maintenance Workers assigned to Signing & Striping
Electrician I's and II's assigned to Street Lighting
(4) Facilities Management Division:
Custodian
Electricians II
Electrical do hTVAC Mechmtic
Maintenance Carpenter
Maintenance Plumber II
Pazking Control Checker
Storekeecer
General Unit MOU
24
98-28
(5) Pazks. Recreation & Community Services:
Maintenance Plumber II
Pazks Maintenance Leadworker
Pazks Maintenance Workers I, II & III
Pazk Projects Coordinator
Landscape Inspector II
(6) Police & Fire General Employees:
All permanent personnel in the bazgaining unit as designated by the
appropriate Chief.
('7) Public Services Department/Flcet Division:
All full-time, general unit employees assigned to work on vehicles and
equipment will receive uniforms.
(8) Public Services DepartmendRefuse 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 Services Representatives in the Police Department, and those personnel in the Street
Division and Pazks, Recreation & Community Services Department who may be required to
work in inclement weather. At least ten (10) sets of rain geaz 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.
SECTION 3
Education Tuition Assistance
A. Purpose: The education tuition assistance program has been established to
General Unit MOU
25
98-28
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.
B. Procedures: Employees will submit copies of their approved applications to the
Personnel Department according to City policies and procedures. Employees must include
official verification of their final grades, with appropriate receipts for tuition costs. These will
be returned to employees upon request. Applications not submitted to the Personnel Department
according to City policies following completion of the course become void.
C. Eli i ili
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 fmancial assistance from other sources such as the GI Bill, scholarships and similar
sources.
3. Applications will be approved only for courses duectly related to the
employee's job or directly related to a promotional position in the employee's job or duectly
related to a promotional position in the employee's occupational specialty.
4. Courses not ostensibly related to the employee's job, but which aze
required to qualify for a degree that is directly related to his/her 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 fue 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 Boazd of
Education. No mail-order courses will be approved. Workshops, seminars, conferences and
similar acfivities not identifiable as a formal course of instruction within the curriculum of a
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 and the
required textbook(s) for each course, subject to the limits found in this article. Additional
General Unit MOU
26
98-28
expense such as meals and pazking fees are not reimbursable. The Director of Personnel will
recommend approval or disapproval based on the availability of budgeted funds for education
tuition assistance.
2. Costs for required texts aze eligible for 50% reimbursement. The
employee may retain the books.
3. Tuition or registration costs of $25 or less aze eligible for 1004b
reimbursement. Tuition costs in excess of $25 are eligible for 75 % reimbursement.
4. Maximum tuition and book reimbursement per semester is $125. Summer
session shall be counted as a sepazate "semester" for purposes of this 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 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 aze not rendered for a specific course, then a
certificate of successful completion must be submitted.
7. When an employee is required by his/her 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
ParkinE Facilities
The City agrees to meet and confer with the Union in the event there aze any future costs
imposed upon employees for parking.
SECTION 5
Emplovee Assistance Prom'am (EAP)
The City's Employee Assistance and Counseling Program (EAP) is designed to help
employees and their immediate families find duection in solving personal or emotional problems.
All counseling services are completely confidential. The Personnel Department and Risk
Management Division maintain a supply of brochures explaining the program more fully.
General Unit MOU
27
98-28
ARTICLE V
LEAVES
SECTION 1
Vacations
A. All employees within the bargaining unit covered by this MOU shall be entitled
to annual paid vacations as follows:
Completed Years of
Continuous Service*
Rate of Accrual
Per Pay Period
Equivalent Hours
Per Year
1 y~**
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 the
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
General Unit MOU
28
~ ytl-28
forms to the Department Head. Departments 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 yeaz 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 his/her vacation during the calendaz yeaz when due. Should this occur,
the employee's vacation should be rescheduled at the very eazliest mutually acceptable date.
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 "yeaz" or "years of employment" appeaz herein, they shall
be deemed to include all services for the City, San Bernazdino City Boazd 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.
I. 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.
SECTION 2
Holidays
A. City Designated Holidays: Employees shall be entitled to 11 City-designated
holidays, the equivalent of 88 holiday hours, each year. The following days will be holidays
for the purpose of this MOU:
New Yeaz's Day
Martin Luther King, Jr. Day
Memorial Day
Independence Day
Labor Day
General Unit MOU
29
98-28
Traditional Veteran's Day (November 11)
Thanksgiving Day
Day After Thanksgiving
Christmas Eve Day
Christmas Day
New Year's Eve Day
Plus 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 aze 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 regulaz rate and shall be
allowed another day off at full pay, as approved by the Department Head.
B. Holiday Account: Effective each January 1st, unit employees will receive 16
hours in their Holiday Account (formerly known as Floating Holidays). Employees may have
more than 16 hours accrued in their holiday account, but may only carry over a total of 16 hours
of holiday time to the next calendar yeaz. Any holiday account hours over 16 hours on
December 31st of each yeaz, will be lost hours.
If a holiday falls on a nine- or ten-hour work day, 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 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 or two 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.
If new employees elect to "draw down" from the holiday account, the hours used
will be deducted from the 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
General Unit MOU
30
98-28
hours during the term of this MOU, the employee shall be paid for his/her 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 excced 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 Garage 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 of each calendar year, the City will determine how many of the
above holidays fall on a regularly scheduled day off. An employee working on a 9/80 or a 4/10
schedule will accrue the equivalent number of hours of holiday time ("holiday account") with
one (1) holiday equivalent to eight (8) hours. Holidays earned in any 12-month period may not
be accumulated beyond that total number of holidays allowed each year by the 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 his/her
immediate family who is seriously ill and requires the care of or attendance of any employee.
Immediate family means: husband; wife; grandmother; grandfather; mother; father; sister;
General Unit MOU
31
98-28
brother; son; daughter; uncle; aunt; mother-in-law; father-in-law; stepparents; stepchildren;
grandchildren; and, step-grandchildren.
Sick Leave Usage for Family Members: Not more than 40 hours of sick leave
within any calendaz year may be granted to an employee for the care of, or attendance upon,
members of his/her immediate family, as defined above.
Not more than 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 Emplovees: Upon the department's request, an employee
must provide a physician's statement to justify a sick leave of 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 illness or injury in excess of 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 his/her 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 his/her 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 30 minutes of, the time set for
beginning their daily duties, or as may be specified in Department/Division work rules.
Sick leave with pay shall be granted to all regulaz employees and to all temporary
full-time employees whose positions aze funded under federal law who aze regulazly 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.
General Unit MOU
32
98-28
Whenever an employee is compensated hereunder for sick leave or injury and has
not had a vacation at the end of the current calendaz yeaz, the employee must take vacation not
utilized due to illness or injury during the next calendaz yeaz.
B. All full-time, regular employees who have completed the first six (6) calendaz
months of continuous service with the City shall be granted a sick leave accumulation of 48
hours. After six (6) months or more of continuous service, employees who are compelled to
be absent from work on account of illness or injury, other than that which is compensable under
Article V, Section 5, shall be compensated for sick leave, provided that such wmpensation 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 illness. 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 50% of the total normal work hours in
the pay period, he/she shall accrue no sick leave for such pay period and shall not be credited
with the 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
chazged 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
Pavment for Unused Sick Leave
The City shall pay employees for unused sick leave upon retirement or to the
estate/beneficiary of any such employee who dies during employment. Payment for 50% of
accumulated, unused sick leave shall be made, provided that in no event shall such compensation
exceed 480 hours of such leave.
General Unit MOU
33
98-28
SECTION 5
Catastro~ic 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 yeaz of continuous service with the City.
C. The donation must be in four-hour increments of vacaflon, compensatory time or
floating holidays by employees who have completed at least one yeaz of continuous service with
the City.
D. Employees may not donate leave they would otherwise forfeit. For example,
employees who aze separating from City employment may donate leave only up to the amount
of the payment they would receive upon sepazation.
E. Donations shall be on a form developed by the Personnel Department, 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.
SECTION 6
Iniury 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 his/her written request, to utilize the balance of his/her accumulated
sick leave, vacafion, holiday account and compensatory time credit to augment the amount of
temporary disability he/she receives, to the extent the total sum received will result in payment
equal to his/her 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
General Unit MOU
34
98-28
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, he/she 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 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
his/her duties;
C. For an employee who files for or assumes elected office;
D. For maternity or paternity leave, upon the recommendation of the attending
physician;
General Unit MOU
35
98-28
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 60 days or less in any calendaz year will
not be considered a break in service. Leave in excess of 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
posifion pursuant to Rule 507 of the Rules of the Civil Service Board and shall be prosecuted
consistently therewith.
The City's contribution towazds an employee's health and life insurance premiums 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 fast 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 a leave
of absence without pay status prior to the date the City's contribution would be discontinued.
In the event the employee desires to maintain full health and life insurance coverage while on
Leave of Absence Without Pay status, he/she 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 regazd. 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 his/her 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.
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 of his/her 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.
General Unit MOU
36
- 98-28
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 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 charged 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 of the Military
and Veterans Code, copies of which may be obtained through the Department of Personnel.
All military service shall be counted as City service when calculating whether the employee has
12 months of service with the City.
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
military leave return.
General Unit MOU
37
98-28
SECTION 12
Union President Leave
The City of San Bernardino and the San Bernardino City Employees Association 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 40 hours per fiscal
yeaz, beginning July 1, 1996.
Time off utilized by the president shall not interfere with the employee's regular City
position. Time off for these purposes shall be approved in advance by the head of the
department or his/her 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
u t
Every general permanent employee of the City of San Bemazdino 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, aze 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 excced 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 his/her release or dischazge from such jury service
on that day. However, where such employee is required to continue in jury 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 of his/her release or dischazge 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.
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, aze submitted to the City Finance
Department.
Employees shall notify their superiors of any call for jury service promptly upon receipt
General Unit MOU
38
98-28
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 a call to jury service, when so required, or fails to promptly notify their superiors
regazding 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 regulaz 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 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 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. The 9/80
work schedule is effective through Ditconber 3I. 19A6. unless extended by action of the Mayor
and Common Council.
3. 4/10 Work Schedule: The 4/10 work schedule shall consist of a 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 boazds showing the employees'
shift, work days, and where known, hours.
B. Work Schedule Adjustments: It is understood and agreed that Department Heads
General Unit MOU
39
98-28
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 aze from time
to time required. The City shall give the employees and the Union two (2) week 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) calendaz days from receipt of notice. Unon~c' anon by the Union. both nartie-s s_h_a~t melt
within tat (101 calendar dm~s in an earnest Fort to Hach a mutuallv~~arxory sesohaion of
gpr nno~iiens andn¢ ac a rrstdt of the pmnased dtmirts. 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.
pg~gg>~Stdiwt B aboNe shall annly.
A. 7fuc crcri..n droc iuu include minor adiusdnents in the starting and ending times
of~lovee shins.
B. During the two-week notification neriad dtt emnlavee continues on current
status/schedule.
SECTION 2
Pbvsical Examinations
The City shall pay medical fees for the physical examination of any unit member within
the unit of representation when such examination 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
his/her choice. In the event an employee is authorized to be examined by a doctor of his/her
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 six (6) month probationary period,
except for new employees hired into the following departments: Police; Personnel; Fire;
Engineering; Finance; and, all divisions of the City Administrator's Office, all of which
employees shall serve a one (1) year probationary period.
General Unit MOU
40
98-28
SECTION 4
ni ri
Department Heads will consider seniority in authorizing vacations, scheduling shift
assignments and transfers. Seniority shall prevail when all other factors aze 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 he/she possesses special
qualifications or whose loss of skills would adversely affect the public welfaze 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 of the other
classes of equal compensation for which he/she possesses the minimum requirements of
knowledge, skill and experience provided that the employee subject to layoff has longer service
in his/her class. Any regular employee subject to layoff under this rule shall in lieu thereof be
allowed a demotion to the next lower class of his/her 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) yeazs to be reemployed, transferred or promoted to their former class or any
lower class upon the first vacancy occumng in any such class in the department provided he/she
possesses the minimum requirements of knowledge, skill and experience for such vacancy and
such rights shall take precedence over the regulaz 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 employee.
Such notice shall be in writing by the Personnel Department. An employee shall be given at
least thirty 30 days notice prior to layoff.
SECl70N S
Reasonable Suspicion Drug and Alcohol Testinr
la addition m tmnlovey cohered under tht D~raranent of Tyr nsnortation IDOT)
~i l~ and alcohol astinY. all General Unit aypnQr~~wte in reasonable sycpicion
Syr Y and alcohol testing followin8 the reasonable suspicion Drug/Alcohol Testing procedure
drec ' in the Qipi 'San Bernardino's Policv on Drug and Alcohol Testin~f Figplovees with
Conmienaal Drir~ers'Licenses. (Exleibit 41
General Unit MOU
41
98-28
7f a °~. ^-'s~ leas a ress^;' :3L sasni.~%~s tltr an e~rlm~ef h_c be.~s a5t~~ing drsg~
~ Siilr d.! rnu~urir_m_ ~' another sta-ervisor ~' a s4rnnd snnerv~cor 1S ltt the
itronediate vicinity: or.
$ ~r{(y his/her Derwrpnent Director Assisutnt Director or inunediate sty-ervisor
}j'a secawd sua~enisor is nat in du vicinity.
7be oand=•ct Qf~]IrjK~ '• be wi_*~~ by a ~~ rvi~c~r who has secpsr~e%i trainsn4
Cwlo~i~~ Of at li~~ sit (6) lL^L~ on ii~O1ttiflr~nn Qf'a..^r%ans. mpe4m"sr or co vM whic_h ar?
..a%,,,~%v% _o' ~v ~~gs or al~whoL A supervisor must directly obser-+e and dacranent the
be1s^:sor. Reasonable suspicion may not bt based on he!+~sav.
Yom' ' g ill brRrovidrd Irv notice pfficers mcccccing a Dneg Recorniaon Eznenr (DRE)
rr atiott issutd by the National HiY1~q~Trgj~c Safety Administration (NfTfSAI Training
will be provided to all currant Middle Management Unit starervisors following~~ation of this
Ivrnrz 71ie traitdnr will be videouarrd jpr the purpose of training~y appointed styrervisors
and crm as r~irshtr tminine for all supervisors as needed Follow-up training classes will
hr provided to newh~pointed supervisors in gXr~ltA session when their ntonber reaches
(S) or mop.
rn addition to traininr~tervisors the GSrv wi~ffer an overview ro full-time regular
em~lavees in the direction '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, ordinance, resolution, personnel and
departmental rules and regulations, from the scope of negotiable issues and that the
understandings azrived at by the pazties after the exercise of that right and opportunity aze 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
General Unit MOU
42
98-28
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 Imowledge 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 other rules and regulations of the City. If any part or provision of this MOU
is in conflict or inconsistent with such applicable provisions of those federal, state or city
enactments, or it is otherwise held to be invalid or unenforceable by any court of competent
jurisdiction, such part or provision shall be suspended and superseded 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 of the cost of printing the MOU. The City shall distribute
the MOU to the bazgaining unit and new employees. The City will provide an inhaled/signed
distribution list of employees to the Union after distribution of the MOU.
SECTION 4
Term of Memorandum of UnderstandinE
The term of this MOU extends through .Lune 30. 1999. If negotiations regazding an
MOU aze in progress at the time the current MOU expires, or if the parties aze at impasse, the
current MOU shall remain in effect until a successor MOU is adopted by the Mayor and
Common Council.
SECTION 5
Notice of Intent 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, notice shall be given
to the other not later than the last working day of February in the last year of the contract, that
such discussions are desired. Such notice shall request a meeting to begin negotiations and
General Unit MOU
43
98-28
establish ground rules which shall include, at a minimum, the date beyond which no further
proposals may be submitted by either party.
General Unit MOU
44
98-28
GENERAL UNIT EMPLOYEES'
MEMORANDUM OF UNDERSTANDING
1997-1999
Executed this ~ day ofc?~~/7'Y998.
1~~'~
Mayor
City of San Bernardino
San Be ar ino Public Employees'
As ation (SBPEA)
C I '
City's Designated/Representative
ATTEST:
Cit lerk
Approved as to form
and legal content:
o ~~~
ty Attorney
~I~Xa~ ~~ .~v~
~ / ~ ~~
.9~ ~ ~-
EXHIBIT 1
RESOLUTION NO. 9a-z9
2
3
4
5
6
7
8
9
10
il.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION
NO. 6413, SECTION TEN, ENTITLED IN PART "A RESOLUTION ...ESTABLISHING
A BASIC COMPENSATION PLAN ... "; BY UPDATING INFORMATION CODIFYING
PRIOR COUNCIL ACTIONS (GFNF.RAT. UNIT).
BE TT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Resolution No. 6413, Section Ten, is amended to read as follows, effective
February 1, 1998:
"SECTION TEN: General Employees":
SALARY RANGE AND STEPS CLASSIFICATION TITLE
(1215) 1297 1362 1430 1502 1577 Messenger
(1235) 1433 1505 1580 1659 1742 Police Records Clerk Trainee
Typist Clerk I
(1245) 1507 1582 1661 1744 1831 Coordinator of Volunteers
(1255) 1584 1663 1746 1833 1925 Account Clerk I
Cashier I
Library Service Technician
Telephone Operator
Typist Clerk II
(1260) 1624 1705 1790 1880 1973 Custodian
(1265) 1665 1748 1835 1927 2023 Cashier II
Library Clerk
(1269) 1698 1783 1872 1966 2064 Lead Custodian
(1275) 1750 1837 1929 2026 2127 Account Clerk II
Affirmative Action Clerk
(~
Parking Citation Coordinator
Personnel Clerk I
Police Records Clerk I
-zs
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413,
1 SECTION TEN, F.NTTI'I.ED IN PART 'A RESOLUTION ... ESTABLISHIIdG A BASIC COMPENSATION ',
PLAN ... ' (GENERAL UNIT).
2
3 con't
(1275) 1750 1837 1929 2026 2127
4
5
g (1277) 1767 1856 1948 2046 2148
7
8 (1280) 1794 1884 1978 2077 2181
9
(1285) 1839 1931 2028 2129 2236
10
11
12 (1287) 1858 1951 2048 2150 2258
13
14
15 (1290) 1886 1980 2079 2183 2292
16
17
18
19
20
(1293) 1914 2010 2110 2216 2327
21
(1295) 1933 2030 2131 2238 2350
22
23
24
25
26
27
~
28
Purchasing Clerk
Senior Animal License Checker
Typist Clerk III
Animal Shelter Attendant
Pazk Maintenance Worker I
Recreation Program Coordinator
Storekeeper
Animal Shelter Office Specialist
ComposerBindery Clerk
Personnel Clerk II
Stenographer
Building Maintenance Worker
Maintenance Worker I
Refuse Operator I
Tire Repair Worker
Automotive Parts Specialist
Lead Storekeeper
Police Fleet Maintenance
Expeditor
Police Property and Supply
Assistant
Workers' Compensation Claims
Assistant
Abatement Aide
Duplicator Operator
Police Records Clerk II
Retired & Senior Volunteer
Program Coordinator
Secretary (City Clerk (II), Planning
& Building Services, Police &
SBETA)
8-28
l
2
3
4
5
6
7
8I
9'.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413,
SECTION TEN, ENTTT'L.ED IN PART 'A RESOLUTION ... ESTABLISHING A BASIC COMPENSATION
PLAN ... ' (GENERAL UNIT').
(1296) 1943 2040 2142 2249 2362 Community Services Center
Specialist
(1297) 1953 2050 2153 2260 2373 Park Maintenance Worker II
(1300) 1982 2081 2185 2294 2409 Collector
Community Service
Representative I
Iispatcher I
Disaster Preparedness
Representative
Employment Intake Specialist
Identification Technician I
Parking Control Checker
(1304) 2022 2123 2229 2341 2458 Account Clerk III
Animal Control Officer
Animal Health Technician
Deputy City Treasurer (in
Electrician I
Maintenance Painter
Survey Party Technician I
Traffic Sign Painter
(1307) 2052 2155 2263 2376 2495 Maintenance Worker II
Park Maintenance Worker III
Refuse Operator II
(1310) 2083 2188 2297 2412 2532 Building Maintenance Mechanic
Worker's Compensation Specialist
(1314) 2125 2232 2343 2460 2583 Engineering Aide
(1315) 2136 2243 2355 2473 2596 Community Services
Representative II
Dispatcher II
Rangemaster
Senior Affairs Coordinator
Senior Secretary
(Fire, Police, Public Services,
Public Works & SBETA)
.-28
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2i
2E
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413,
SECTION TEN, ENTTrI.ED IN PART 'A RESOLUTION ... ESTABLISHING A BASIC COMPENSATION
PLAN ... ' (GENERAL UNIT).
con't
(1315) 2136 2243 2355 2473 2596
Staff Analyst I
(1317) 2157 2265 2379 2498 2622
(1319) 2179 2288 2402 2523 2649
(1322) 2212 2323 2439 2561 2689
(1324) 2234 2346 2463 2586 2716
(1328) 2279 2393 2513 2638 2770
(1327) 2268 2381 2500 2625 2756
(1329) 2291 2405 2525 2652 2784
(1332) 2325 2441 2563 2692 2826
(1334) 2348 2466 2589 2719 2854
(1335) 2360 2478 2602 2732 2869
(1339) 2408 2528 2654 2787 2927
4
Motor Sweeper Operator
Equipment Mechanic I
Police Property & Supply
Technician
Business Registration Inspector ((J)
Draftsperson
Junior Librarian
Senior Dispatcher
Survey Party Technician II
Code Compliance Officer I
Park Maintenance Leadworker
Refuse Operator III
Tree Trimmer
Identification Technician II
Maintenance Carpenter
Abatement Coordinator
Heavy Equipment Operator
Accounting Technician
Auto Body Repairpersan
Landscape Inspector I
Maintenance Plumber II
Staff Analyst II
Welder
Assistant Buyer
Electrician II
Librarian
Traffic Signal Electrician I
~8-28
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
25
26
27
28
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413,
SECTION TEN, ENTITLED IN PART 'A RESOLUTION ... ESTABLISHING A BASIC COMPENSATION
PLAN ... ' (GENERAL UNI'1~.
(1342) 2444 2566 2694 2829 2971
(1344) 2468 2592 2721 2858 3000
Lead Maintenance Worker
Survey Party Technician III
(1349) 2531 2657 2790 2930 3076
(1350) 2543 2671 2804 2944 3092
(1354) 2595 2724 2861 3004 3154
(1359) 2660 2793 2933 3080 3233
(1362) 2700 2835 2977 3126 3282
(1363) 2714 2849 2992 3142 3299
(1364) 2727 2864 3007 3157 3315
Equipment Mechanic II
Senior Companion Program
Coordinator
Accountant
Electrical & HVAC Mechanic
Electronics Technician
Employment Services Liaison
Personnel Assistant (Civil Service)
Planning Aide
Public Services Project Coordinator
Real Property Specialist
Recreation Therapist
Tree Trimmer II
Lead Equipment Mechanic
Library Outreach Officer
Library Computer Laboratory
Coordinator
Literacy Program Coordinator
Senior Librarian
Code Compliance Officer II
Construction Inspector
Engineering Assistant I
Fire Prevention Officer
General Building Inspector
Housing Inspector (Rental Housing)
Landscape Inspector II
Athletic Field Maintenance
Specialist
Traffic Signal Electrician II
is-zs
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413,
SECTION TEN, ENTTfLED IN PART 'A RESOLUTION ... ESTABLISHING A BASIC COMPENSATION
PLAN ... ' (GENERAL UNl'f).
(1379) 2939 3086 3240 3403 3573 Assistant Planner
Crime Analyst
Liability Claims Specialist
(1381) 2969 3117 3273 3437 3608 Park Projects Coordinator
Senior Code Compliance Officer
Senior Building Inspector
Senior Housing Inspector
(Rental Housing)
Senior Real Property Specialist
Senior Rehabilitation Specialist
Traffic Signal Electrician III
(1386) 3044 3196 3356 3523 3700 Plan Checker
(1396) 3199 3359 3527 3704 3889 Engineering Assistant II
(1408) 3397 3566 3745 3932 4129 Associate Planner
(1411) 3448 3620 3801 3991 4191 Engineering Assistant III
~~-ter
2
3
4
5
6
i
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDIIVG RESOLUTION NO. 6413,
SECTION TEN, ENTITLED IN PART 'A RESOLUTION ...ESTABLISHING A BASIC COMPENSATION
PLAN ... ' (GENERAL UNTT).
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a ioint regular n1~ing thereof,
held on the 2nd day of Pebruary ~ 1998, by the following vote, to wit:
CO TN 1idF.MRF.RC ~~ NAYS ~~~
NEGRETE x
CURLIN x
ARIAS x
OBERHELMAN x
DEVLIN x
ANDERSON x
MILLER x
/~
City/eJerk
The foregoing resolution is hereby approved this 7 ~ ~y oI February
1998.
om Mino , yor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN
City Attorney
,'
7
EXHIBIT 2
RESOLUTION NO. 98-so
1
2
3
4
5
6
i
8
9
10
11
12
13
14
15
i6
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION
NO. 6413, SECTION TEN, ENTITLED IN PART "A RESOLUTION ...ESTABLISHING
A BASIC COMPENSATION PLAN ... "; BY UPDATING INFORMATION CODIFYING
PRIOR COUNCII. ACTIONS (GENERAL UNTT).
BE TT RESOLVED BY THE MAYOR AND COMMON COUNCII. OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Resolution No. 6413, Section Ten, is amended to read as follows, effective
March 1, 1999:
"SECTION TEN: General Employees":
SALARY RANGE AND STEPS CLASSIFICATION TITLE
(1217) 1310 1376 1444 1517 1593 Messenger
(1237) 1448 1520 1596 1676 1760 Police Records Clerk Trainee
Typist Clerk I
(1247) 1522 1598 1678 1762 1850 Coordinator of Volunteers
(1257) 1599 1679 1763 1852 1944 Account Clerk I
Cashier I
Library Service Technician
Telephone Operator
Typist Clerk II
(1262) 1640 1722 1808 1898 1993 Custodian
(1267) 1681 1765 1854 1946 2044 Cashier II
Library Clerk
(1271) 1715 1801 1891 1986 2085 Lead Custodian
(1277) 1767 1856 1948 2046 2148 Account Clerk II
Affirmative Action Clerk
(~
Parking Citation Coordinator
Personnel Clerk I
Police Records Clerk I
9.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
~28
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413,
SECTION TEN, ENT'TTLED IN PART 'A RESOLUTION ... ESTABLISHING A BASIC COMPENSATION
PLAN ... ' (GENERAL UNTT).
con't
(1277) 1767 1856 1948 2046 2148 Purchasing Clerk
Senior Animal License Checker
Typist Clerk III
(1279) 1785 1874 1968 2066 2170 Animal Shelter Attendant
Pazk Maintenance Worker I
Recreation Program Coordinator
(1282) 1812 1902 1998 2097 2202 Storekeeper
(1287) 1858 1951 2048 2150 2258 Animal Shelter Office Specialist
ComposerBindery Clerk
Personnel Clerk II
Stenographer
(1289) 1876 1970 2069 2172 2281 Building Maintenance Worker
Maintenance Worker I
Refuse Operator I
Tire Repair Worker
(1292) 1905 2000 2100 2205 2315 Automotive Parts Specialist
Lead Storekeeper
Police Fleet Maintenance
Expeditor
Police Property and Supply
Assistant
Workers' Compensation Claims
Assistant
(1295) 1933 2030 2131 2238 2350 Abatement Aide
(1297) 1953 2050 2153 2260 2373 Duplicator Operator
Police Records Clerk II
Retired & Senior Volunteer
Program Coordinator
Secretary (City Clerk (iJ), Planning
& Building Services, Police &
SBETA)
1
91-28
1
2
3
4
5
6
7
8
9
10
ll
12
13
]4
15
I6
17
18
19
20
21
22
23
24
25'
26'I
27
2811
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413,
SECTION TEN, EN'lTTLED IN PART 'A RESOLUTION ... ESTABLISHING A BASIC COMPENSATION
,PLAN ... ' (GENERAL UNTT).
((1298) 1962 2061 2164 2272 2385
x(1299) 1972 2071 2174 2283 2397
Community Services Center
Specialist
Park Maintenance Worker II
(1302) 2002 2102 2207 2317 2433
(1306) 2042 2144 2252 2364 2482
(1309) 2073 2177 2286 2400 2520
(1312) 2104 2210 2320 2436 2558
(1316) 2147 2254 2367 2485 2609
(1317) 2157 2265 2379 2498 2622
Collector
Community Service
Representative I
Dispatcher I
Disaster Preparedness
Representative
Employment Intake Specialist
Identification Technician I
Parking Control Checker
Account Clerk III
Animal Control Officer
Animal Health Technician
Deputy City Treasttrer (LT)
Electrician I
Maintenance Painter
Survey Party Technician I
Traffic Sign Painter
Maintenance Worker II
Park Maintenance Worker III
Refuse Operator II
Building Maintenance Mechanic
Worker's Compensation Specialist
Engineering Aide
Community Services
Representative II
Dispatcher II
Rangemaster
Senior Affairs Coordinator
Senior Secretary
(Fire, Police, Public Services,
Public Works & SBETA)
9
1
2
3
4
5''
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
~-za
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413,
SECTION TEN, EN7TI'LED IN PART 'A RESOLUTION ... ESTABLISHING A BASIC COMPENSATION
PLAN ... ' (GENERAL UNI'1~.
con't
(1317) 2157 2265 2379 2498 2622 Staff Analyst I
(1319) 2179 2288 2402 2523 2649 Motor Sweeper Operator
(1321) 2201 2311 2427 2548 2675 Equipment Mechanic I
Police Property & Supply
Technician
(1324) 2234 2346 2463 2586 2716 Business Registration Inspector (i.T)
(1326) 2256 2369 2488 2612 2743 Draftsperson
Junior Librarian
Senior Dispatcher
Survey Party Technician II
(1329) 2291 2405 2525 2652 2784 Park Maintenance Leadworker
Refuse Operator III
Tree Trimmer
(1330) 2302 2417 2538 2665 2798 Code Compliance Officer I
(1331) 2313 2429 2551 2678 2812 Identification Technician II
Maintenance Carpenter
(1334) 2348 2466 2589 2719 2854 Abatement Coordinator
Heavy Equipment Operator
(1336) 2372 2490 2615 2746 2883 Accounting Technician
Auto Body Repairperson
Landscape Inspector I
Maintenance Plumber II
Staff Analyst II
Welder
(1337) 2384 2503 2628 2759 2897 Assistant Buyer
(1341) 2432 2553 2681 2815 2956 Electrician II
Librarian
Traffic Signal Electrician I
4
a-za
li
2'
3
4'
5
6
7
8
9''
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF THE CITY OF SAN HERNARDINO AMENDING RESOLUTION NO. 6413,
SECTION TEN, ENTITLED IN PART 'A RESOLUTION ... ESTABLISHIIVG A BASIC COMPENSATION
PLAN ... ' (GENERAL UNI'1~.
(1344) 2468 2592 2721 2858 3000 Lead Maintenance Worker
(1346) 2493 2618 2749 2886 3030 Survey Party Technician III
(1351) 2556 2684 2818 2959 3107 Equipment Mechanic II
(1352) 2569 2697 2832 2974 3123 Senior Companion Program
Coordinator
(1356) 2621 2752 2889 3034 3185 Accountant
Electrical & HVAC Mechanic
IIectronics Technician
Employment Services Liaison
Personnel Assistant (Civil Service)
Planning Aide
Public Services Project Coordinator
Real Property Specialist
Recreation Therapist
Tree Trimmer II
(1361) 2687 2821 2962 3110 3266 Lead Equipment Mechanic
Library Outreach Officer
Library Computer Laboratory
Coordinator
Literacy Program Coordinator
Senior Librarian
(1364) 2727 2864 3007 3157 3315 Code Compliance Officer II
Construction Inspector
Enguicerirtg Assistant I
Fire Prevention Officer
General Building Inspector
Housing Inspector (Rental Housing)
Landscape Inspector II
(1365) 2741 2878 3022 3173 3332 Athletic Field Maintenance
Specialist
(1366) 2755 2892 3037 3189 3348 Traffic Signal Electrician II
9~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
171
18
19
20
21
22
23
24
25
26
27
28
-28
RESOLUTION OF TEIE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413,
SECTION TEN, ENTTTLED IN PART 'A RESOLUTION ...ESTABLISHING A BASIC COMPENSATION
PLAN ... ' (GENERAL UNI'n.
(1381) 2969 3117 3273 3437 3608
Assistant Planner
Crime Analyst
Liability Claims Specialist
(1383) 2998 3148 3306 3471 3645
(1388) 3074 3228 3389 3559 3737
(1398) 3231 3393 3563 3741 3928
(1410) 3431 3602 3782 3971 4170
(1413) 3482 3657 3839 4031 4233
Park Projects Coordinator
Senior Code Compliance Officer
Senior Building Inspector
Senior Housing Inspector
(Rental Housing)
Senior Real Property Specialist
Senior Rehabilitation Specialist
Traffic Signal Electrician III
Plan Checker
Engineering Assistant II
Associate Planner
Engineering Assistant III
98~
1
2
3
4
5
6
i
8
9
10
I1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
8
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413,
SECTION TEN, ENTTTI.ED IN PART 'A RESOLUTION ... ESTABLISHING A BASIC COMPENSATION
PLAN ... ' (GENERAL UNTI).
I HEREBY CERTIFY that the foregoing resolution was duly adapted by the Mayor and
Common Council of the City of San Bernardino at a faint requlaz meeting thereof,
held on the 2nd day of February 1998, by the following vote, t0 wit:
COUINCIL1~tF1~iRFR C A~,~
NEGRETE x
CURLIN x
ARL4S x
OBERHELMAN x
DEVLIN x
ANDERSON x
MILLER x
NAYS A~SF~T ABSTAIN
c~C~ ~~~~
City erk
The foregoing resolution is hereby approved this ~~ day of February
1998.
Approved as to
form and legal cmttent:
JAMES F. PENMAN
City A orney
n
By: ~a ~ ~ ti c-n~
7
Tom Minor, Mayor t
City of San Bernardino
Exhibit 3
RESOLUTION NO. 89-38
l
2 RESOLUTION OF THE CITY OF SAN BERNARDINO
ESTABLISHING THE PRIVILEGES OF VOTERS AS SET FIRTH IN THE
3 CONDUCT OF ELECTIONS CODE.
q BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDZNO AS FOLLOWS:
5
SECTION 1. Emolovees~ time off to vote
6
If a voter does not have sufficient time outside of
7
working hours to vote at a City, statewide or national
8
election, the voter may, without loss of pay, take o!!
9
enough working time which when added to the voting time
10 available outside of working hours will enable the voter
11
to vote.
12
No more than two hours of the time taken off for
13
voting shall be without loss of pay. The time off for
14 voting shall be only at the beginning or end of the
15 regular working shift, whichever allows the most free
l6 time for voting and the least time off from the regular
17 working shift, unless otherwise mutually agreed.
]8
If the employee on the third working day prior to
19
the day o! election, knows or has reason to believe that
20
tine off will be necessary to be able to vote on election
2l
day, the employee shall give the supervisor at least two
22
working days written notice that time off for voting is
241
26
27
28
.aaass wa.
SECTION 2. Emalovers~ notice: ooatira
Not less than 10 days before every city, statewide
or national election, the City shall keep posted
conspicuously at the place of work, if practicable, or
9 a a ~',
1 elsewhere where it can be seen as the employees come or
2 go to their places of work, a notice setting forth the
3 provisions of Section 1 above.
4 I HEREBY CERTIFY that the foregoing resolution was
5 duly adopted by the Mayor and Common Council of the City
g o! San Bernardino at a regular meeting thereof, held
7 on the 2otb day of February , 1989 by the following
g vote, to wit:
9
10 AYES: Council MembersEstrade, Reillv, Flores. Maudsley Minor Miller
1] NAYS: done
1l ABSENT: Council Member Pooe-Ludlam
13
14
~iyy,.~, / ~%.t,~
15 --~ty'c e
16
17
18
19
20
21
23
24
25
26
27
28
The foregoing resolution is hereby approved
this day of Februarv 1989.
. .,.
YN LCOX, y r
City o! San Bernardino
Approved as to form
and legal content:
n
'~
.: . r-: ~•
y Attorney
98-28
City of San Bernardino -Drug and Alcohol Testing Policy
Page 8
REASONABLE SUSPICION
EXHIBIT 4
The City shall require an employee to be tested, upon reasonable suspicion, for the use of drugs
or alcohol.
An employee shall submit to testing, upon reasonable suspicion, for the use of drugs or alcohol
when requested to do so by their supervisor.
The conduct must be witnessed by at least one supervisor. The witness or witnesses must have
received training in the identification of actions, appearance or conduct of an employee which
are indicatve of the use of drugs or alcohol.
The documentation of the employee's conduct shall be prepared and signed by the witness(es),
and the department or division head notified, utilizing the Observed Behavior -Reasonable
Suspicion Record Form, (see attached), within 24 hours of the observed behavior or before the
results of the test aze released, whichever is earlier.
"Reasonable Cause/Suspicion' means that the employer/supervisor believes that the actions,
appearance, speech, body odors or conduct of an on-duty employee are indicative of the use of
drugs, alcohol or other controlled substances. The witness(es) must directly observe the
behavior. Hearsay or second-hand information is not sufficient cause to require an employee
to submit to a drug test. The determination that a reasonable suspicion exists to require an
employee to undergo an alcohol test must be based on specific, objective, contemporaneous,
articulable facts concerning Ute behavior, appearance, speech or body odors of the employee.
It must be based upon observations of the supervisor making the determination, and may not be
based upon hearsay. The supervisor(s) witnessing the impairment must document the specific
observations upon which the reasonable suspicion is based.
Alcohol testing may be performed only if the observations upon which reasonable suspicion are
based are made during, just preceding or just after the period of the work day that the employee
is required to be in compliance. An employee may be directed to undergo a reasonable
suspicion alcohol test just before, during or just after performing safety-sensitive functions.
If an alcohol test is not administered within two (2) hours following a reasonable suspicion
determination, the supervisor shall document the reasons for the delay. If an alwhol test is not
administered within eight (8) hours, the test shall not be administered, and the supervisor shall
document the reasons.
(Attachment A~
98-28
OBSERVED BEHAVIOR -REASONABLE SUSPICION RECORD
This form applies only to employees with Commercial Drivers' Licenses who are covered
under DOT regulations.
Employes Name: Identitlation Number.
Obsaratiort:
Dats Time: (from unipm: b am/pn)
toatiort:
(Street) (City) (Blau) (tip)
1. Prcsarce of Drugs and/or Drug Parapharalia (speafyk
Appearance: Normal Flushed Pur>ctrrre Marks
Disheveled Bloodshot Eyes Irrappropriak
1~'IatedrCrurgriged Pulsls Prue 4watint
Dry-Mouth Symptoms Runry NoadSares
Tremors trnppropriau wearing of sues
Other
3. Bdraviori Normal Incoherent Slurred Sdart
Spade Confined Slowed Whispering
Other
d. Awareness Normal Contirsod Mood Swings Eaphoria
lglargic tack of Coordination Paranoid Oaoriarted
Other
S. Motor Skillsl
Balaaos Normal Swaying Falling Staggering
Other
& WaRingd
Turairn~ Normal Swaying Arms Raised for Balance
Stumbling Falling Readting far Support
Other
7. other observed Actiaa a Behtvior (stxcihk
9s-as ~
I • ~ Y~ Iave any medial problems ra which you sre currently being trcatod?
Uya, whu sre you being treated ror?
VVh~t a >'~ doctor's name. address. and telephone number' -
t Arc you tatirtg any medication?_ byes. what trtedk;ation and ror what reason?
3. Do you hive troy meQiai problems la which you are mty bang
treaudi Ilya, descn~e
4. Arc you using any mro of drug± (ryes. what?
wnat+ whero+
wit ~t
3. Nave you lad atooiroi, alcoholic b~ outer srtbatarree with alcohol is iGs
Nyes, rr~ -
~' widr whom?
.Q~c
() (Title) (orate) Rime)
l~Smdae)
(Title) (Date)
'firs doaniatt must 6e prcparod and signed by Ule w;mesto) widra 24 Mors ortlie
observod behavior or before rite results of the tests are n4ea~ed, whichever is earlier
Date: Tirria I.aabare
Uluiwal a Dis6na Palterer or
A6semaans and/or Tardiness
Frequent eamplaitus of dings
'rag work
.-i prods or
_Frequen ispsa in eoncentration aridJor
j
_ Repeated difficulty in toalling
ilufiictions
Fequent aaidait:, mistska
_Frequenly missy dadlina or takes
niorc time to complete job thsa
T
_Disrcgtre fa satbgr ototbers
Frequent complains from eo-waters
Frequenly borrowing money lions
co-virorlcers
Constantly complaining
_I~n81nS domestk a personal
problems to work
r
9 s -4t#ier:
incident(s)
Observcd:
Date' Tuna aMpm location:
Commemx
Names Signature: pats
~+~
Supervisot"s
Comments
Signature:
Datr._
Employee's
Response:
Names Signature: Date:
Vd~e r~ir~