HomeMy WebLinkAbout1996-087
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Resolution No. 96-87
RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A
3 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO
4 AND EMPLOYEES IN THE GENERAL EMPLOYEES' BARGAINING UNIT OF THE CITY
OF SAN BERNARDINO REPRESENTED BY SAN BERNARDINO CITY EMPLOYEES'
5 ASSOCIATION.
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7 WHEREAS the designated representatives of the Mayor and Common Council met and
8 conferred in good faith with representatives of San Bernardino City Employees' Association
9 (SBCEA) representing the unit of General employees of the City of San Bernardino, in
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accordance with the provisions of Government Code Sections 3500-3510, to agree upon a new
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Memorandum of Understanding (MOU);
WHEREAS such meetings resulted in agreement on an MOD (Exhibit A, a copy of
14 which is attached hereto and incorporated herein) effective July 1, 1995, through June 30, 1997.
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16 SAN BERNARDINO AS FOLLOWS:
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SECTION I.
Exhibit A to this resolution is hereby adopted establishing wages, hours
and working conditions for employees in the General employees' bargaining unit of the City of
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San Bernardino.
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21 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
22 Common Council of the City of San Bernardino at a r"gular
meeting thereof, held on
23 the 1st
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day of April
, 1996, by the following vote to wit:
Lu_
S 96-87
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO
2 AND EMPLOYEES IN THE GENERAL EMPLOYEES' BARGAINING UNIT OF THE CITY
3 OF SAN BERNARDINO REPRESENTED BY SBCEA.
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NAYS
ABSENT ABSTAIN
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The foregoing resolution is hereby approved this 3/4,
1996.
21 Approved as to
form and legal content:
22
JAMES F. PENMAN
23 City Attorney
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t
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day of
April
/-22
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/~l (~d\
Thm Minor, Mayor
City of San Bernardino
r--_H- - -.
. RES 96-87
1995 - 1997
GENERAL
UNIT
EMPLOYEES'
MEMORANDUM
OF
UNDERSTANDING
CITY OF
SAN BERNARDINO
OFFICE OF THE
DIRECTOR OF PERSONNEL
RES Qf;-1l7
TABLE OF CONTENTS
Article/Section Title Page
Resolution No. Implementing a Memorandum of Understanding 1
Definition of Terms 3
ARTICLE I ADMINISTRATION 4
Section 1 Management Rights 4
Section 2 Employee Rights 5
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 RecognitionlU nion 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 15
Section 13 New Employee Information 15
Section 14 Mailbox 15
ARTICLE III COMPENSATION 16
Section 1 Salaries 16
Section 2 PERS 16
Section 3 Overtime 16
Section 4 Higher Acting Classification Pay 17
Section 5 Classification Appeal 18
General Unit MOU
RES 96-1\7
Article/Section Title Pal!e
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
ARTICLE IV FRINGE BENEFITS 22
Section 1 Health/Life Insurance 22
Section 2 Uniforms and Rain Gear 23
Section 3 Education Tuition Assistance 25
Section 4 Parking Facilities 27
Section 5 Employee Assistance Program (EAP) 27
ARTICLE V LEAVES 27
Section 1 Vacations 27
Section 2 Holidays 29
Section 3 Discretionary Leave 31
Section 4 Sick Leave 31
Section 5 Payment for Unused Sick Leave 33
Section 6 Catastrophic Leave 33
Section 7 Injury Leave 34
Section 8 Leave of Absence Without Pay 35
Section 9 Witness Leave 36
Section 10 Blood Donations 36
Section 11 Election Leave 37
Section 12 Military Leave 37
Section 13 Union President Leave 37
Section 14 Jury Duty 38
ARTICLE VI WORKING CONDffiONS 39
Section 1 Work Periods 39
Section 2 Physical Examinations 40
Section 3 Probationary Period 40
Section 4 Seniority 40
General Unit MOU
RES 96-1\7
Article/Section
ARTICLE VII
Section 1
Section 2
Section 3
Section 4
Section 5
SIGNATURE PAGE
EXffiBITS
Exhibit 1
Exhibit 2
Title
GENERAL PROVISIONS
Waiver Clause
Severability
Printing of Memorandum of Understanding
Term of Memorandum of Understanding
Notice of Intent to Reopen
Resolution No. 6413, "Section Ten: General Employees"
Resolution No. 89-38, "Employees' Time Off to Vote"
Page
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General Unit MOU
RES 96-87
DEFINITION OF TERMS
City:
The City of San Bernardino.
Classification:
Includes titles listed in Section 10 of City Resolution No. 6413, as
amended.
Day:
As it pertains to a holiday, sick leave day, or a vacation day, one
(I) "day" equals eight (8) hours, unless otherwise specified.
Exclusions:
Excluded from the General Unit for purposes of representation
are: classification titles designated as management/confidential,
middle-management, or safety, positions established and created
under Federal contract, and, temporary, part-time, provisional and
probationary individuals.
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.
Memorandum of Understanding
MOU:
Union:
The exclusive bargaining representative for the General Unit.
General Unit MOU
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RES 96-87
ARTICLE I
ADMINISTRATION
Section 1
Manal!:ement Ril!bts
This Memorandum of Understanding (MOD) 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 are not limited to: the exclusive right to determine the mission of its constituent
departments, commissions, and boards; set standards of selection for employment and
promotions; direct its employees; establish and enforce dress and grooming standards; determine
the methods and means to relieve its employees from duty because of lack of work or other
lawful reasons; maintain the efficiency of governmental operations; determine the methods,
means and numbers and kinds of personnel by which government operations are to be conducted;
determine the content and intent of job classifications; determine methods of financing;
determine style and/or types of City issued wearing apparel, equipment or technology, means,
organizational structure and size and composition of work force and allocate and assign work
by which the City operations are to be conducted; determine and change the number of work
locations, relocations, and types of operations, processes and materials to be used in carrying
out all City functions including, but not limited to, the right to contract for or subcontract any
work or operations of the City; assign work to and schedule employees in accordance with
requirements as determined by the City and establish and change work schedules and
assignments upon reasonable notice; establish and modify productivity and performance
programs and standards; discharge, suspend, demote, reprimand, withhold salary increases and
benefits, or otherwise discipline employees in accordance with the applicable law; establish
employee performance standards including, but not limited to, quality and quantity standards;
and carry out its mission in emergencies, and exercise complete control and discretion over its
organization and the technology of performing its work.
Section 2
EmDlovee Ril!:hts
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
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RES 96-87
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 research 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.
Section 4
Al!encv 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
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I RES 96-87
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 Director 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
"vehicular" accidents and make recommendations on how the accident could have been
prevented. The Board is expected to establish its own rules of conduct, to elect its own officers
at the first meeting in January and keep minutes of all its meetings, findings and
recommendations.
The Committee is expected to meet no less than once a month at a time agreeable to all
members. Upon completion of reviews by the Committee of accidents/incidents, the Committee
will make recommendations for corrective measures to establish safer working conditions and
may recommend disciplinary action.
It is of mutual benefit to the City and to the employee to be fully aware of and comply
with all safety rules and regulations. The City, Union and employees agree to work towards
preventing job-related injuries to employees and damage to both public and private property.
Guests and/or speakers will be allowed to attend, based on 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 a pre-designated pool of employees. The "pool" will consist of up to three (3)
employees, whose names will be exchanged by the City and the Union each July.
General Unit MOU
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RES 96-87
Section 6
Labor-Manal!ement Committee
The Labor-Management Committee shall continue for the term of this MOD. Its
continuing purpose is for the discussion of common problems that are not addressed in other
existing procedures. The Union shall designate three (3) representatives to serve on the
Committee from different departments. The City shall also designate three (3) representatives
to serve on the Committee. The Committee will select a chairperson who will be responsible
for receiving items, establishing agendas and informing participants of the time and place of
meetings. The Committee shall normally meet at least quarterly or may meet more often if
necessary at a mutually agreed upon time and place. Recommendations shall be considered by
management. The Union will provide a list of the three (3) Committee members to the Director
of 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 a pre-designated pool of employees. The "pool" will consist of up to three (3)
employees, whose names will be exchanged by the City and the Union each July.
Section 7
Time Off for Emnlovee Renresentatives
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
City Hall
Department or Division
Facilities Management
Fire
Library or SBETA
Parks, Recreation & Community Services
Refuse Division
1
1
1
1
1
1
1
General Unit MOU
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RES 96-87
Police
Streets Division
2
1
Total
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ARTICLE II
EMPLOYER-EMPLOYEE RELATIONS
Section 1
RecolmitionlUnion Securitv
Exclusive recognition of the Union is acknowledged for the purpose of meeting and
conferring on wages, hours and working conditions, and of general representation within the unit
of representation. The classification titles of those general regular employees in the unit for
which the Union has been recognized exclusively as the exclusive representative are listed under
Section 10 of City Resolution No. 6413, as amended, excluding therefrom: position and
classification titles designated as management/confidential, middle-management, or subsequently
so designated by the City, positions established and created under Federal contract, and those
employees while under 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 Strike
It is the purpose of the MOU for the parties hereto, to confirm and maintain the spirit
of cooperation which has existed between the City and the employees of the City. It is
recognized that any work disruptions are unproductive to City operations and services provided
to its citizens. The Union and the City agree that they shall at no time or in any way jeopardize
the public health, welfare, and safety of the City's business and residential communities. Thus,
the Union and the City will strive to promote a harmonious relationship between the parties to
this MOU that will result in benefits to the City and will provide continuous and uninterrupted
employee services. It is, therefore, further agreed that the Union shall not, on behalf of itself
General Unit MOU
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RES 96-87
and its members, individually or collectively, engage in any curtailment or restriction of work
at any time during the term of this MOU.
Section 3
Payroll Deduction for Union Dues
The City agrees to provide Union dues deductions for Union members only as long as
the Union remains the exclusive representative for the employees within the bargaining unit.
Conversely, no other employee organization shall be permitted dues deduction privileges for
employees within the bargaining unit. The City shall not be liable to the Union, employees or
any other person by reason of the requirements of this article for the remittance of any sum
other than that constituting actual deductions made from employee wages earned.
Dues shall be deducted from the pay of each employee who signs the authorized payroll
deduction card as a monthly sum certified to the City by the Secretary of the Union as the
regular monthly Union dues and insurance fees. The amount of dues shall be affIxed to each
authorization card by the Union. A letter of authorization, signed by the Union'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 are made to cover the amount of the dues checkoff
authorized. When a member in good standing of the Union is in a non-pay status for an entire
pay period, and the salary is not sufficient to 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 week 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
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RES 96-87
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 Employee 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 f1ling 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 Director 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.
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Procedural Stej)s for Handling Grievances:
A. Informal: An attempt shall be made to ascertain all facts and adjust all grievances
on an informal basis between the employee and a supervisor in the employee's chain of
command, up to and including the Division Head. Presentation of the grievance must be
submitted to the Informal Step within ten (10) working days of the incident causing the
grievance, or of the grievant's knowledge of the incident's occurrence. The date and the subject
of the incident should be provided with the request for the informal meeting. _mil_tool
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General Unit MOU
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RES 96-87
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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 his/her 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 his/her 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.
1!!I!I!il!!I_.1
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.
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General Unit MOU
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! RES 96-87
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Section 5
Union ReDresentation
When requested by an employee, a steward may represent an employee in a grievance,
as defined in Article II, Section 4, Grievance Procedure. The steward representing an employee
in a grievance proceeding shall be allowed reasonable time during working hours for such
purposes, without loss of time or pay, with two (2) working days' advance written notice to, and
with the approval of, the immediate supervisor, who shall notify and obtain the concurrence of
the Division or Department Head. Approval to investigate and process a grievance will not be
unreasonably withheld.
The privilege of stewards to leave their work during working hours, without loss of time
or pay, is subject to the understanding that time will be devoted to the proper handling of
grievances within the unit of representation, will conform to department work rules, and will
not be abused. Stewards will perform their regularly assigned work at all times, except when
necessary to leave their work to handle grievances as provided herein.
A steward will not be granted time off, nor compensation for the purpose of handling
grievances outside the unit of representation which the Union has been exclusively recognized
within the City. A steward may be allowed leave of absence without pay by the Mayor and
Common Council to attend Union training courses and Union conventions if the Department
Head concurs.
A ratio of one steward for every 50 permanent employees in the unit shall be recognized
by the City. Any substantiated abuse of the privileges accorded stewards with regard to
reasonable time off and compliance with the requests of his/her immediate supervisor, or
conflicts which arise between duty requirements and the handling of grievances, may be cause
to suspend this privilege and both parties will call an immediate special consultation 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 stewards.
The Union shall furnish the Director of Personnel with an up-to-date steward list each quarter
including names of stewards and work locations. Changes, other than on the quarterly lists will
not be recognized by the City, other than for a steward who has left the bargaining unit or City
employment.
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RES 96-87
Section 6
Employee 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
Skellv Ril!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. Employees have the right to
Union representation as provided under Government Code Section 3500 et seq. (Meyers-Milias-
Brown Act).
A. The employee shall receive advance notice of the proposed disciplinary action.
Reasonable advance notice shall be provided to the employee.
B. The notice must contain the reasons and the charges upon which the proposed
action is based.
C. The notice must also contain a statement of the events or circumstances upon
which the action is based.
D. The employee must be given the materials, if any, upon which the action is based.
E. The employee shall have the right to respond either orally or in writing within five
(5) working days of receipt of Skelly package to the appointing authority (Department
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.
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RES 96-87
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 his/her authorized representative if he/she
so wishes. Reasonable requests to copy documents in the files shall be honored.
D. A copy of any disciplinary action or material related to employee performance
which is placed in the personnel file shall be served upon the employee (the employee so noting
receipt), or sent by certified mail (return receipt requested) to his/her last address appearing on
the records of the City. It is the obligation of each employee to provide the City with his/her
current address.
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RES 96-87
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
Budl!et 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
Emnlovee 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 Emnlovee 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.
Section 14
Mailbox
The City will offer a mail slot for the General Unit in the mailroom area established for
City departments.
General Unit MOU
15
RES 96-87
ARTICLE m
COMPENSATION
Section 1
Salaries
Salaries are per Resolution No. 6413, Section Ten, as amended by the Mayor and
Common Council.
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Section 2
~
The City will pay 7% of the employee's contribution to the Public Employees'
Retirement System (PERS), credited to the employee's personal account as a fringe benefit.
The City contracts with PERS for employees' retirement benefits. General Unit
employees are normally eligible for "Service Retirement" once they reach age 50 and have five
(5) years of PERS-credited service. There is no compulsory retirement age for employees, such
as General Unit employees, who are 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.
Section 3
Overtime
All employees in the General Unit (exempt as well as non-exempt) will receive overtime
based on the requirements of the Fair Labor Standards Act (FLSA).
.-r-
General Unit MOU
16
RES 96-87
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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 second 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
Hil!her Actine Classification Pav
An employee so assigned in writing by the Department/Division Head with the approval
of the City Administrator shall receive acting duty pay starting on the sixth consecutive day of
each acting duty assignment. No acting duty pay will be paid for the first five (5) days of each
acting duty assignment except for those employees who can prove that they have served a total
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.
Refuse Operator I employees normally assigned to a two person crew who are assigned
to work on a one person unit shall be entitled to acting pay as provided by this section. Refuse
employees assigned work in a vacation relief capacity on a two person crew shall not be entitled
General Unit MOU
17
RES 96-87
to higher acting classification payor credit towards the initial work demonstration period.
The City will not circumvent the intent of this article by using various employees to
thwart the intention of this article.
.1.\'--
......-
Section 6
Call-Back/Standby Assilmment & 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, defmed 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)
Hrs Compensated
5 work hours
For the employee's two (2) non-work days
during their work week (or pro rate at 2.5)
5 work hours
OR,
For all seven (7) days during a work
week
10 work hours
AND,
General Unit MOU
18
RES 96-87
For any holiday, as described in this MOD,
during which the employee stands by for all
or any portion of the 24 hour day
1 extra work hour
per holiday - added
to the above
The hours described above will be treated as time worked and paid at the rate of time-
and-one-half. 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.
General Unit Call-Back Pay: An employee cannot be in standby status and call-back
status at the same time.
Employees not formally assigned to standby status may still be called back to work. If
reached by their supervisor and called back to work, the employee will be paid for actual hours
of work at the FLSA overtime rate of time-and-one-half 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' H as that term is used in the
Fair Labor Standards 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.
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.
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General Unit MOU
19
RES 96-87
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The three (3) hours' compensation is and will be paid as time worked and at the
appropriate straight time, or where applicable, at the FLSA overtime rate. Such compensation
is in addition to compensation for any time actually worked pursuant to such subpoena.
It is hereby agreed by and between the parties hereto that the general unit employees
covered by this provision, are no so severely restricted in their activities while on standby status
as to be "working while 'on call''' as that term is used in the Fair Labor Standards Act 29 CFR
785.17.
Section 7
Shift Differential
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A. An employee assigned to the "swing" shift (normal start and ending time of 4:00
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"
General Unit MOU
20
RES 96-87
or "graveyard" shifts:
Police Record Clerks:
Police Records Clerk II
Police Records Clerk I
Police Records Clerk Trainee
Differential Pay
$.3872 per hour
$.3555 per hour
$.3007 per hour
Section 8
Personal Tool Renlacement Allowance
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General Unit MOU
21
RES 96-87
Section 9
Fines
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
Bilimrnal 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 duties assigned to an employee are being performed on a
regular and frequent basis. The designated employees may be tested annually for certification
and recertification.
Not more than 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.
ARTICLE IV
FRINGE BENEFITS
Section 1
Health/Life Insurance
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General Unit MOU
22
RES 96-87
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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.
H. Each member of the bargaining unit is eligible to participate in a City-sponsored
program of annual cholesterol checks and dietary counseling.
Section 2
Uniforms. Rain Gear & Safety Eauipment
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General Unit MOU
23
RES 96-87
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General Unit MOU
24
RES 96-87
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Section 3
Education Tuition Assistance
A. PuJlXlse: The education tuition assistance program has been established to
encourage the employees of the City to take college courses and special training courses which
will better enable them to perform their present duties and prepare them for increased
responsibilities, and to provide financial assistance to eligible employees for education and
training.
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. Eligibility:
1. Applications for tuition reimbursement will be considered only from full-
time, regular employees, who have completed probation.
2. Reimbursement is not authorized for courses for which the employee is
receiving financial assistance from other sources such as the GI Bill, scholarships and similar
sources.
General Unit MOU
25
RES 96-87
3. Applications will be approved only for courses directly related to the
employee's job or directly related to a promotional position in the employee's job or directly
related to a promotional position in the employee's occupational specialty.
4. Courses not ostensibly related to the employee's job, but which are
required to qualify for a degree that is directly related to 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 fire suppression duties. A course in American history is required for the
degree. The history course may qualify for tuition reimbursement because the degree is related
to the employee's job.)
5. Approval will be limited to courses given by accredited colleges and
universities, city colleges or adult education courses under the sponsorship of the Board of
Education. No mail-order courses will be approved. Workshops, seminars, conferences and
similar activities not identifiable as a formal course of instruction within the 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
expense such as meals and parking 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 are eligible for 50% reimbursement. The
employee may retain the books.
3. Tuition or registration costs of $25 or less are eligible for 1 ()() %
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 separate "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 [mal grades. If objective ratings are not rendered for a specific course, then a
General Unit MOU
26
RES 96-87
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
Parkin!! Facilities
The City agrees to meet and confer with the Union in the event there are any future costs
imposed upon employees for parking.
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--
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 PlIY Period
Equivalent Hours
Per Year
1 year**
5 years
15 years
20 years
3.33 hours
5.0 hours
6.667 hours
8.33 hours
80 hours
120 hours
160 hours
200 hours
*Service year begins on initial date of employment in a full-time, regular status.
**No vacation granted or accrued, if service is less than one year.
General Unit MOU
27
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 [mal
compensation for the number of hours in excess of the accrual.
B. The amount of accrual shall not exceed the specified number of hours granted per
year.
C. Employees shall not be permitted to work in their City position in lieu of taking
vacation in order to receive additional compensation.
D. Vacation credits may be accrued and accumulated up to a maximum of two (2)
years total accumulated vacation credits upon approval of the Department Head, as per the
employee's rate of accrual. Vacations or portions thereof from a prior year may be taken
consecutively with vacations or portions thereof of a succeeding year, subject to the approval
of the Department Head. Except as approved by the Department Head, no vacation or portion
thereof from a prior year shall run consecutively with the vacation of a succeeding year; and,
a period of three (3) or more months should normally elapse between the expiration of one
year's vacation and the commencement of the next year's vacation.
Requests to utilize accrued vacation shall be submitted in writing on City approved
forms to the Department Head. 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 year when due, except when the Department Head, with
the approval of the Mayor, determines that an emergency or other valid factors prevent the
employee from utilizing his/her vacation during the calendar year when due. Should this occur,
the employee's vacation should be rescheduled at the very earliest 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 "year" or "years of employment" appear herein, they shall
be deemed to include all services for the City, San Bernardino City Board of Water
Commissioners and the San Bernardino Free Public Library Board.
G. The employee shall not lose any vacation time off due to action by the City.
General Unit MOU
28
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 Year's Day
Martin Luther King, Jr. Day
Memorial Day
Independence Day
Labor Day
Traditional Veteran's Day (November 11)
Thanksgiving Day
Day After Thanksgiving
Christmas Eve Day
Christmas Day
New Year's Eve Day
Plus 16 hours of Holiday Account time, per year (see subsection B).
All full-time employees within the bargaining unit, with the exception of those
employees shown in the following paragraphs, shall be allowed the above holidays at full pay
when such holidays occur within the regularly assigned working periods provided they are in a
paid status during any portion of the working day immediately preceding or succeeding the
holiday. If it becomes necessary for an employee to work on any of the above-mentioned
holidays, except as provided herein, he/she shall receive pay at the regular rate and shall be
allowed another day off at full pay, as approved by the Department Head.
B. 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 year. Any holiday account hours over 16 hours on
General Unit MOU
29
RES 96-87
December 31st of each year, 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 to take such holiday account 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 exceed eight (8) hours.
If a holiday occurs on a normal day off for an employee, the employee shall
receive no additional pay.
The decision as to whether in-lieu of time off or pay is to be received shall be
based on the availability of funds and needs of the department, as determined by the Department
Head. If in-lieu of time off is directed by the Department Head, it may be added to the regular
annual vacation period, but must be taken within one (1) year of the date in-lieu time was
earned. Employees of the Public Services, Refuse Division, except clerical employees, and
certain designated employees of the City 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
General Unit MOU
30
RES 96-87
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.
~~~Iq
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.-
Section 4
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;
brother; son; daughter; uncle; aunt; mother-in-law; father-in-law; stepparents; stepchildren;
grandchildren; and, step-grandchildren.
Sick Leave Usae:e for Family Members: Not more than 40 hours of sick leave
within any calendar 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.
General Unit MOU
31
RES 96-87
Sick Leave Usage for Emo1oyees: 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.
.-J
and Common Council shall have the power to require that any person claiming the sick leave
benefits of this MOD 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 regular employees and to all temporary
full-time employees whose positions are funded under federal law who are regularly employed
in permanent or federally-funded positions, if such benefit is required by said federal law. Sick
leave shall not be considered as a right which employees may use at their discretion, but shall
be allowed only in case of necessity and actual personal sickness or disability, except as
otherwise provided herein.
Whenever an employee is compensated hereunder for sick leave or injury and has
not had a vacation at the end of the current calendar year, the employee must take vacation not
utilized due to illness or injury during the next calendar year.
B. All full-time, regular employees who have completed the first six (6) calendar
months of continuous service with the City shall be granted a sick leave accumulation of 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 compensation shall
cease upon the exhaustion of all accumulated sick leave. Employees shall not accumulate sick
leave while compensated under the provisions of Article V, Section 5.
General Unit MOU
32
RES 96-87
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
charged against accrued vacation, upon approval of the Department Head. If all allowable sick
leave has been used, and use of accrued vacation is disapproved, the employee will take loss of
pay for the time not covered by allowable sick leave.
Section 5
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.
Sl!lltlMilli
IIdll!:lf.it1t
~
lill;l!!Ellil.1I;i_~!.q9t:'11!,!nN!I_I.ill!iltili1l~f
mmlliIlIlI11tllllIH'IIIIIIII,II,_WII1ImiltIiYi
..,iiillil'lllll.t'lIlIlil.IIRlllr.
General Unit MOU
33
RES 96-87
mslll~
m{l!!!l:la!Bllml!!llli!lfitml!iii.~I!.~!!I.ill!
Section 7
Iniury Leave
Effective with the first day of necessary absence for industrial accident or illness leave,
with the termination of the temporary disability or when the accumulated sick leave credits have
been exhausted, whichever occurs first.
When employees sustain what they believe to be an industrial injury or illness, they shall
request an "Employee Claim for Workers' Compensation Benefits" form from the supervisor.
The supervisor is required to give the employees this form within one (1) working day of the
City being notified of the injury. The Supervisor will log date and time employees were given
form on Supervisor's Report of Injury. Employee must return Employees' Claim form to
supervisor to begin the process of filing an industria1 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.
General Unit MOU
34
i RES 96-87
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 8
Leave of Absence Without Pav
Leave of Absence Without Pay is a temporary, non-pay status and absence from duty
ii.._iilis.~lill".tlll~'.~..tl
'flRlIIII"'t'iB'MiIal" ..U!^'diU^!Ii~Jaitl'lll,vinnl~'II~~.~..~' M 'Ir'R~t1i1
1.'.ttil.ti.lllitG~~f~b:~~~~m';~~t~~':fff;~j~~;id~~~7~~~~~iy
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 temporary mentally or physically unable to perform
his/her duties;
C.
For an employee who files for or assumes elected office;
D.
physician;
For maternity or paternity leave, upon the recommendation of the attending
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 calendar 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
position pursuant to Rule 507 of the Rules of the Civil Service Board and shall be prosecuted
consistently therewith.
The City's contribution towards an employee's health and life insurance premiums will
not be extended beyond the last day of the month in which a leave of absence without pay begins
General Unit MOU
35
RES 96-87
if the leave of absence without pay becomes effective during the fIrst 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 regard. The payment of the amount of the
premiums must be made to the City's payroll section prior to the date on which the City's
participation will terminate. Payments must be made monthly thereafter until the employee
either returns to work or 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.
Section 9
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 10
Blood Donations
Unit members who donate blood in the interest of the City, without recelVlng
compensation for such donation, may have the required time off with pay with prior approval
General Unit MOU
36
RES 96-87
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 11
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.
$i!l;jimfill~
_~l.i
Siliii6ii113
:Umopi..';'DiI~
,.,". ....
. ... . ... ..
.... .... ....
'''-'.- - ...... .
. . .. .. ...
. . . .., .
.....:......................:,....................,....'",..b.................
m;.Tlll.II."'lIl1r"'II.'llfl,
General Unit MOU
37
RES 96-87
_PillA
~.:.j
_i1I_I!_I'fili~~~<<I;"1!11:;~..!I~.!.jl1~
General Unit MOU
38
ARTICLE VI
WORKING CONDITIONS
Section 1
Work Periods
A. City Work Schedules: City work schedules shall be as herein defmed, except as
otherwise provided for:
1. 5/40 Work Schedule: The 5/40 work schedule shall consist of a 4Q-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 tl~!~~'.~:;;t~,~i 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 boards showing the employees'
shift, work days, and where known, hours.
B. Work Schedule Adjustments: It is understood and agreed that Department Heads
shall establish such work schedules as may be necessary for the efficient and economical
provision of services for the public, and to make such adjustment in work shifts as are from time
to time required. The City shall give the employees and the Union two (2) 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) calendar days from receipt of notice. Upon notification by the Union, both parties shall meet
promptly in an earnest effort to reach a mutually satisfactory resolution of any problems arising
as a result of the proposed changes. Work schedule changes resulting from an emergency
situation or circumstances which disrupt normal City operations as determined by the
Department Head are not bound by the two (2) week notice requirement.
General Unit MOU
39
RES 96-87
Section 2
Phvsical 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.
Section 4
Seniority
Department Heads will consider seniority in authorizing vacations, scheduling shift
assignments and transfers. Seniority shall prevail when all other factors are not significantly
different. "All other factors" is defined as special qualifications, skills, work performance, as
well as attendance and safety. An employee shall not attain seniority until the completion of a
probationary period, upon which time the seniority date shall be from the last date of hire within
the department, division or section. In the event of layoffs due to lack of work or funds, that
the department deems it necessary to reduce the working force, the last employee hired within
the classification so reduced shall be the first laid off unless he/she possesses special
qualifications or whose loss of skills would adversely affect the public welfare or has superior
work performance that can be documented.
Emergency, temporary and provisional employees shall be laid off in that order prior to
the layoff of permanent employees in the same class. In a department where there is more than
one class having equal rates of compensation, any probationary or regular employee subject to
layoff under this rule shall in lieu thereof, be allowed a transfer to a position in one 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
General Unit MOU
40
RES 96-87
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) years to be reemployed, transferred or promoted to their former class or any
lower class upon the first vacancy occurring in any such class in the department provided he/she
possesses the minimum requirements of knowledge, skill and experience for such vacancy and
such rights shall take precedence over the regular employee or promotion lists. An employee
so reinstated from the reemployment preferred register shall regain tenure-seniority for prior
service. Notice of reduction in force shall be presented to the Union and the affected 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.
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 arrived at by the parties after the exercise of that right and opportunity are set
forth herein. Therefore, the City and the Union for the life of this MOU each voluntarily and
unqualifiedly waives the right to meet and confer and each agrees that the other shall not be
obligated to meet and confer with respect to any subject or matter referred to, or covered in this
MOU, or with respect to any subject or matter not specifically referred to or covered in this
MOU even though such subject or matter may not have been within the knowledge or
contemplation of either or both of the parties at the time they negotiated or signed this MOU.
Section 2
Severability
It is understood and agreed that this MOU is subject to all current and future applicable
federal and state laws and regulations and the current provisions of the charter, ordinances,
resolutions and 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
General Unit MOU
41
RES 96-87
or regulations, and the remainder of this MOD shatt~e affected thereby. The parties hereto
agree to refrain from initiating any action that would invalidate any part of the MOU.
x
Section 3
Printim! of Memoran~l-'m of Understandinl!
The City shall pay one-half of the cost of printing the MOU. The City shall distribute
the MOU to the bargaining unit and new employees. The City will provide an initialed/signed
distribution list of employees to the Union after distribution of the MOU.
Section 4
TenD of Memorandum of Understandinl!
The term of this MOU extends through June 3D, ll.~ If negotiations regarding an
MOU are in progress at the time the current MOU expires, or if the parties are at impasse, the
current MOD shall remain in effect until a successor MOU is adopted by the Mayor and
Common Council.
Section 5
Notice of Intent to Reooen
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
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
42
RES 96-81
GENERAL UNIT EMPLOYEES'
MEMORANDUM OF UNDERSTANDING
1995-1997
Executed this
ra day of
~
, 1996.
~~{)11M~
I
Mayor
City of San Bernardino
S Bernardino Public Employees'
ssociation (SBPEA)
QaA~A..-?) V)//bYG/
City's Designated Representative
9~~
ATTEST:
~~
I2tutb &M
R/
- --"
Q~ ~~L--'
City'clerk
Approved as to form
and legal content:
43
RES 96-87
1
2
3
4
RESOLUTION NO.
95-368
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. (GENERAL UNIT)
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. Resolution No. 6413, section Ten, is amended to
read as follows:
7
8
9
"SECTION TEN: General Employees":
SALARY RANGE AND STEPS
(1207) 1246 1309 1374 1443 1515
CLASSIFICATION TITLE
Messenqer
10 (1227)
11
12 (1237)
13 (1247)
14
15
16
17
18
1377 1446 1518 1594 1674
Police Records Clerk
Trainee
Typist Clerk I
1448 1520 1596 1676 1760
Coordinator of Volunteers
1522 1598 1678 1762 1850
Account Clerk I
Cashier I
Library Service
TeChnician
Telephone Operator
Typist Clerk II
(1252)
1560 1638 1720 1806 1896
Custodian
(1257)
1599 1679 1763 1852 1944
Cashier II
Library Clerk
19
20
21
22
23
24
25
26
27
28
(1261)
1632 1713 1799 1889 1983
Lead Custodian
1681 1765 1854 1946 2044
(1267)
Account Clerk II
Affirmative Action Clerk
(U)
Parkinq citation
Coordinator
Personnel Clerk I
Police Records Clerk I
purchasinq Clerk
Senior Animal License
Checker
Typist Clerk III
(1269)
1698 1783 1872 1966 2064
Animal Shelter Attendant
Park Maintenance Worker I
Recreation proqram
Coordinator
I --- - - --
. RES 96-87
1 (1272) 1724 1810 1900 1995 2095 storekeeper
2 (1277) 1767 1856 1948 2046 2148 Animal Shelter Office
3 specialist
composer/Bindery Clerk
4 Personnel Clerk II
stenographer
Telecommunications
5 Representative
6 (1278) 1776 1865 1958 2056 2159 CATV Production Technician
7 (1279) 1785 1874 1968 2066 2170 Building Maintenance
Worker
8 Maintenance Worker I
9 Refuse operator I
Tire Repair Worker
10 (1282) 1812 1902 1998 2097 2202 Automotive Parts specialist
11 Lead storekeeper
Police Fleet Maintenance
12 Expeditor
Police Property and Supply
Assistant
13 Workers' compensation
Claims Assistant
14
(1285) 1839 1931 2028 2129 2236 Abatement Aide
15
(1287) 1858 1951 2048 2150 2258 Duplicator Operator
16 Police Records Clerk II
Retired senior Volunteer
17 Program Coordinator
18 secretary (city Clerk,
Mayor, Planning.'
19 Building services,
POlice, , SBETA)
20 (1288) 1865 1958 2056 2159 2267 Community services Center
21 Specialist
(1289) 1876 1970 2069 2172 2281 Park Maintenance
22 Worker II
23 (1292) 1905 2000 2100 2205 2315 Collector
24 Community service
Representative I
25 Dispatcher I
26 Disaster preparedness
Representative
Employment Intake
27 specialist
28
R"" Qj;-Il7
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
(1296)
(1299)
(1302)
(1306)
(1307)
(1309)
(1311)
1943 2040 2142 2249 2362
1972 2071 2174 2283 2397
2002 2102 2207 2317 2433
2042 2144 2252 2364 2482
2052 2155 2263 2376 2495
2073 2177 2286 2400 2520
2094 2199 2308 2424 2545
Identification Techni-
cian I
Parking Control
Checker
Account Clerk III
(Business License-(U),
Parks, Recreation &
community Services)
Animal Control Officer
Animal Health
Technician
Deputy City Treasurer (U)
Electrician I
Maintenance Painter
survey party
Technician I
Traffic sign Painter
Maintenance Worker II
Park Maintenance
Worker III
Refuse Operator II
Building Maintenance
Mechanic
Risk Management
Specialist
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)
staff Analyst I
Motor sweeper Operator
Equipment Mechanic I
pOlice Property
supply Technician
&
RES 96-87
1 1314)
2
3 1316)
4
5
6 1319)
7
8 1321)
9
10 1324)
11
12 1326)
13
14
15
16
17
18
19
20
(1327)
(1331)
(1334)
21 (1336)
22 (1341)
23
24 (1342)
25
26 (1346)
27
28
2125 2232 2343 2460 2583
2147 2254 2367 2485 2609
2179 2288 2402 2523 2649
2201 2311 2427 2548 2675
2234 2346 2463 2586 2716
2256 2369 2488 2612 2743
2268 2381 2500 2625 2756
2313 2429 2551 2678 2812
2348 2466 2589 2719 2854
2372 2490 2615 2746 2883
2432 2553 2681 2815 2956
2444 2566 2694 2829 2971
2493 2618 2749 2886 3030
Business Registration
Inspector (U)
Draftsperson
Junior Librarian
senior Dispatcher
Sur v e y Par t y
Technician II
Park Maintenance
Leadworker
Refuse operator III
Tree Trimmer
Ide n t i f i cat ion
Technician II
Maintenance Carpenter
Abatement Coordinator
Heavy Equipment
Operator
Accounting Technician
Auto Body Repairperson
Landscape Inspector I
Maintenance Plumber II
Staff Analyst II
Welder
Assistant Buyer
Electrician II
Librarian
Traffic Signal
Electrician I
Lead Maintenance
Worker
Sur v e y Par t y
Technician III
Equipment Mechanic II
senior companion Program
coordinator
Accountant
Electrical & HVAC
Mechanic
Electronics Technician
I RES 96-87
1
2
3
4
5
6
7 (1351) 2556 2684 2818 2959 3107
8
9
10
11
12 (1354) 2595 2724 2861 3004 3154
13
14
15
16
17 (1356) 2621 2752 2889 3034 3185
18
19 (1371) 2824 2965 3114 3269 3433
20
21 (1373) 2853 2995 3145 3302 3467
22
23
24
25
26
27
28
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 Lab-
oratory Coordinator
Literacy program
Coordinator
senior Librarian
Code Compliance Officer
Construction Inspector
Engineering Assistant I
Fire Prevention Officer
General Building
Inspector
Housing Inspector (Rental
Housing)
Landscape Inspector II
Traffic signal Elec-
trician II
Assistant Planner
Crime Analyst
Liability Claims
specialist
Park projects Coor-
dinator
senior Code Compliance
Officer
senior Building
Inspector
Senior Housing Inspector
(Rental Housing)
Senior Real property
Specialist
RES 96-87
1
2
3
4 (1378)
5 (1388)
6 (1400)
7 (1403)
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2925 3071 3224 3386 3555
3074 3228 3389 3559 3737
3264 3427 3598 3778 3967
3313 3479 3653 3835 4027
senior Rehabilitation
specialist
Traffic signal Electri-
cian III
Plan Checker
Engineering Assistant II
Associate Planner
Engineering Assistant III
RES 96-87
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the city of San
3 Bernardino at a regular
meeting thereof, held on the 16th day
4 of
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
October
, 1995, by the following vote, to wit:
Council Members: AYES NAYS
NEGRETE x
CURLIN x
HERNANDEZ x
-
OBERHELMAN x
DEVLIN x
-
POPE-LUDLAM x
-
MILLER x
-
ABSTAIN
ABSENT
~rk~rk
The foregoing resolution is hereby approved this (f~
October
day of
, 1995.
~. ..(2u \
,~ /M~
Tom M~nor, Mayor
city of San Bernardino
22
23
24
25
26
27
28
Approved as to form
and legal content:
JAMES F. PENMAN
city Attorney
By:
6413-General Unit
RES 96-87
AUlrost 19 1997
Exhibit 2
RESOLUTION NO. 89-38
1
2 RESOLUTION OF THE CITY OF SAN BERNARDINO
ESTABLISHING THE PRIVILEGES OF VOTERS AS SET FORTE IN THE
3 CONDUCT OF ELECTIONS CODE.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
5
6
SECTION 1. Emolovees' time off to vote
If a voter does not have sufficient time outside of
i
working hours to vote
at a city, statewide or national
8
election, the voter may, without loss of pay, take off
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 the time taken
No more than two hours of 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
]5 working shift,
regular whichever allows the most free
]6 time for voting
and the least time off from the regular
]7
working shift, unless otherwise mutually agreed.
]8
19
20
21
22
23
24
If the employee on the third working day prior to
the day of election, knows or
has reason to believe that
time off will be necessary to be able to vote on election
day, the employee shall give the supervisor at least two
working days written notice that time off
for voting is
desired.
27
conspicuously at the place of work, if practicable, or
28
RES 96-87
]3
14
]5
]6
]7
]8
19
20
21
22
23
24
25
26
27
28
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
6 of San Bernardino at a regular
me~ting thereof, held
, 1989 by the following
i on the 20th
day of
February
8 vote, to wit:
9
10 AYES: Council MembersEstrada, Reilly, Flores, Maudsley, Minor, Miller
11 NAYS: None
]2 ABSENT: Council Member Pope-Ludlam
~ /'l,.,
.... :u'~~~. (..;;~""'v .~
CitY.Clerk
this
The foregoing resolution is
day of Februarv
hereby approved
, 1989.
Approved as to form
and legal content:
:. ) ,
,. , /
~(&.(,'~ ~ ~~y'
YN WiLCOX, 'May r /
city of San Bernardino
II "
, ..
J ,--:J. k...../
'-r--~ T "
y Attorney