HomeMy WebLinkAbout2005-016
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Resolution No. 2005-16
2 RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDIN
3 AND EMPLOYEES IN THE MIDDLE MANAGEMENT BARGAINING UNIT OF THE CIT
OF SAN BERNARDINO REPRESENTED BY SAN BERNARDINO PUBLIC EMPLOYEES'
4 ASSOCIATION.
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WHEREAS, the designated representatives of the Mayor and Cornmon Council met an
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conferred in good faith with representatives of San Bernardino Public Employees' Associatio
(SBPEA) representing the Middle Management Employees of the City of San Bernardino, i
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accordance with the provisions of Government Code ~3500-3510, to agree upon a ne
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Memorandum of Understanding (MOU);
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WHEREAS, such meetings resulted in agreement on an MOU (Exhibit A, a copy 0
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which is attached hereto and incorporated herein) effective July 1, 2004, through June 30, 2006.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 0
SAN BERNARDINO, AS FOLLOWS:
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SECTION 1. Exhibit A to this resolution is hereby adopted establishing wages, hour
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and working conditions for employees in the Middle Management bargaining unit of the City 0
16 San Bernardino.
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III
18 III
19 III
20 III
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III
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III
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1
2005-16
1
RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDIN
AND EMPLOYEES IN THE MIDDLE MANAGEMENT BARGAINING UNIT OF THE CIT
OF SAN BERNARDINO REPRESENTED BY SAN BERNARDINO PUBLIC EMPLOYEES'
ASSOCIATION.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Commo
joint adjourned
Council of the City of San Bernardino at a regular meeting thereof, held on th
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24th
, 2005, by the following vote, to wit:
day of January
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COUNCIL MEMBERS: AYES NA YES ABSTAIN ABSENT
ESTRADA X
LONGVILLE X
MC GINNIS X
DERRY X
KELLEY X
JOHNSON X
MC CAMMACK X
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~*cttCi~
The foregoing resolution is hereby approved this1-'1 JL January ,2005.
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20 Approved as to form and
Legal content:
VALLES, Mayor
ity of San Bernardino
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JAMES F. PENMAN,
22 City Attorney
By: i-. ~
24 He, enda Items:Reso.Mid-Mgmt.MOU.04-06
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01/21/05
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2
2005-16
MIDDLIE MANAGEMENT
EMPLOYEES
MEMORANDUM
OF
UNDERSTANDING
JULY 1, 2004 TO
JUNE 30, 2006
CITY OF SAN BERNARDINO
OFFICE OF THE
DIRECTOR OF HUMAN RESOURCES
Article/Section
Resolution No.
ARTICLE I
Section 1
Section 2
Section 3
Section 4
ARTICLE II
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
ARTICLE III
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
ARTICLE IV
Section 1
Section 2
Section 3
ARTICLE V
Section 1
Section 2
TABLE OF CONTENTS
Title
Paee
Implementation of Memorandum of Understanding ...........3
Definition of Terms..............................................................5
ADMINISTRATION ..........................................................6
Management Rights .............................................................6
Agency Personnel Rules ......................................................6
Labor-Management Committee ...........................................7
Contract Services................................................................. 7
EMPLOYER-EMLOYEE RELATIONS .........................7
Recognition .......................................................................... 7
No Strike .............................................................................. 7
Payroll Deduction ................................................................8
Grievance Procedure ............................................................8
Non-Discrimination ...........................................................10
Employee Rights ................................................................11
Classification..................................................................... .11
Bulletin Boards ..................................................................11
Access to Personnel Records .............................................11
COMPENSATION ...........................................................12
W ages.................................................................................12
Acting Pay..........................................................................12
Shift Differential................................................................12
Wage Differentia1...............................................................13
PERS .................................................................................13
Overtime ............................................................................13
Employee Court Subpoena ................................................14
Fines.................................................................................. .15
Special Certification Pay....................................................15
Personal Tool Allowance ...................................................16
FRINGE BENEFITS ........................................................16
HealthlLife Insurance.........................................................16
Uniforms ............................................................................17
Tuition Reimbursement .....................................................18
LEAVES ............................................................................20
Vacation .............................................................................20
Holidays .............................................................................21
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Mid-Management MOU
Article/Section
Title
Pal!e
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Sick Leave..........................................................................23
Payment for Unused Sick Leave........................................24
Injury Leave .......................................................................25
Leave of Absence Without Pay..........................................25
Witness Leave ....................................................................27
Blood Donations ................................................................27
Catastrophic Leave.............................................................27
Sick Leave Sell Back .........................................................28
Accumulated Leave Conversion Plan (ALP).....................28
Jury Duty............................................................................28
ARTICLE VI
Section 1
Section 2
Section 3
Section 4
Section 5
WORKING CONDITIONS .............................................28
Working Conditions...........................................................28
Physical Examinations .......................................................29
Drug and Alcohol Testing..................................................29
Seniority............................................................................ .30
Probationary Period ...........................................................30
ARTICLE VII
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
GENERAL PROVISIONS................................................30
Waiver Clause ....................................................................30
Severability....................................................................... .30
Printing ofMernorandum ofUnderstanding......................31
Term of Memorandum of Understanding ..........................31
Notice of Intent to Reopen.................................................31
New Employee Information...............................................31
SIGNATURE P AGE........................................................32
Index
EXHIBITS
Exhibit 1
Exhibit 2
Exhibit 3
............................................................................................33
Side Letter to Agency Personnel Rules
Authorization for Checkoff for Union Dues Form
Resolution 6413, Section Eleven:
"Middle-Management Employees"
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Mid-Management MOU
--T
Resolution No.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDIN
3 AND EMPLOYEES IN THE MIDDLE MANAGEMENT BARGAINING UNIT OF THE CI
OF SAN BERNARDINO REPRESENTED BY SAN BERNARDINO PUBLIC EMPLOYEES'
4 ASSOCIATION.
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conferred in good faith with representatives
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WHEREAS, the designated representatives of
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(SBPEA) representing the Middle Manage
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accordance with the provisions of Govemm
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Memorandum of Understanding (MOD);
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WHEREAS, such meetings resu
(Exhibit A, a copy 0
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which is attached hereto and incorpor
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BE IT RESOLVED BY T
SAN BERNARDINO, AS F
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,
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COUNCILMEMBERS: AYES
9 ESTRADA
10 LONGVILLE
11 MC GINNIS
DERRY
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KELLEY
13 JOHNSON
14 MCCAMMACK
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDIN
2 AND EMPLOYEES IN THE MIDDLE MANAGEMENT BARGAINING UNIT OF THE CIT
OF SAN BERNARDINO REPRESENTED BY SAN BERNARDINO PUBLIC EMPLOYEES'
3 ASSOCIATION.
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I HEREBY CERTIFY that the foregoing Resol ion was duly adopted by the Commo
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Council of the City of San Bernardino at a
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day of
Rachel G. Clark, City Clerk
of
,2005.
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JUDITH VALLES, Mayor
City of San Bernardino
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JAMES F.
22 City Attorney
23 By:
24 HRlAgenda Items:Reso.Mid-Mgmt.MOU.04-06
01/21/05
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DEFINITION OF TERMS
Citv:
The City of San Bemardino
Classification:
Includes titles listed in Section Eleven of City Resolution No.
6413, as amended.
Dav:
As it pertains to a helidllY, sick leave day or a vacation day, one (1)
"day" equals eight (8) hours, unless otherwise specified.
Exclusions:
Excluded from the Middle-Management Unit for purposes of
representation are: Classification titles designated as management!
confidential, general or safety positions established and created
under federal contract and temporary, part-time provisional and
probationary individuals.
Middle
Management
Unit:
Includes titles listed in Section Eleven of City Resolution No.
6413, as amended. Additional titles in the Middle-Management
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
Regular Full-Time
Emolovee:
An Emolovee who has been aooointed to a Regular. Full-Time
oosition and has comoleted his/her orobation oeriod.
Union:
The exclusive bargaining representative for the Middle-
Management Unit.
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Mid-Management MOU
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ADMINISTRATION
Section 1 - Manal!ement Ril!hts
This MOU shall not be deemed to limit or curtail the City in any way in the exercise of the
rights, powers and authority which the City has prior to entering into this understanding, except
to the extent that the provisions of this MOU specifically curtails or limits such rights, powers
and authority. Furthermore, the City retains all its exclusive rights and authority under City
Charter, ordinances, resolutions, state and federal law 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; directs 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 govemmental operations; determine
the methods, means and numbers and kinds of personnel by which govemment 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 the change and 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; to assign work to and schedule employees in accordance with
requirements as determined by the City and to establish and change work schedules and
assignments upon reasonable notice, establish and modify productivity and performance
programs and standards; discharge, suspend, demote, reprimand, withbold 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 and standards,
and to carry out its mission in emergencies, and to exercise complete control and discretion over
its organization and the technology of performing its work.
Section 2 - 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 provisions
modified by the City Council in accordance with federal or state laws, orders, regulations,
official instructions or policies.
The City may adopt, change or modify work rules. Whenever the City changes work rules or
issues new work rules, it will post them on departmental bulletin boards ten (10) working days
prior to their effective date, except in emergency situations. A copy will be sent to SBPEA at the
beginning of the ten (10) day period, in order that SBP A may meet and confer regarding such
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Mid-Management MOU
rules with the City before they become effective, if SBPEA so requests. (Reference Side Letter-
Exhibit # I )
Section 3 - Labor-Manal!ement Committee
The Labor-Management Committee shall be established for the purpose of discussing
common problems that are not addressed in other existing procedures. The Union and the City
shall each designate up to three (3) representatives to serve on the Committee from different
departments. 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. The Union will provide a list of the Committee members
to the Director of Human Resources each January and July. Guests and/or speakers will be
allowed to attend based on advance notice to the City and mutual agreement
Section 4 - Contract Services:
It is not the intent of the City to cause employees to lose their jobs because of a decision to
contract work. If a decision is made by the City to contract work not now contracted, and that
decision will result in change in the work conditions or status of employees in the unit, the City
agrees to meet and confer in good faith with the Union prior to making a final recommendation
to the Mayor and Common Council.
ARTICLE II - EMPLOYER-EMPLOYEE RELATIONS
Section 1 - Recol!nition
The City hereby acknowledl!es that SBPEA has been and is recol!nized bv the City as
the exclusive reDresentative for the Mid-Manal!ement Unit emDlovees for DurDoses of
meetinl! and conferrinl! on wal!es. hours. and other terms and conditions of emDlovment
and for all other matters related to emDlover-emDlovee relations for these DurDoses.
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.
Section 2 - No Strike
It is the purpose of this MOU for the parties hereto, to confirm and maintain the spirit of
cooperation, which has existed between the City of San Bernardino and the employees of the
City. It is recognized that any work disruptions are unproductive to City operations and services
provided its citizens. The Union and the City agree that they shall at no time 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
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Mid-Management MOU
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shall not on behalf of itself and its members, individually or collectively, engage in any
curtailment or restriction of work. Should any curtailment or restriction of work take place, paid
leave benefits (sick leave, vacation, etc.) will not be available during such periods of time.
Section 3 - PavroU Deduction
It is atueed that SBPEA membershiD dues, ae:enev fees. insurance and Dremiums for
BIans __red bv the Union shaD be dedueted by tbe City from each emBlovee's DavroU
cheek who files a written authorization reouesti- that such deduetioll be made.
The City shaD not be liable to the Union. emBlovees or anv other oersons bv reason of
the reonirements of this Article for the remittance of any sum other than that eonstitntine:
actual dedueDons made from the emBlovee's earned wae:es. SBPEA shaD Iwld the City
harmless for any and aD C'~;- ............. sllita. orden. ;____fa ... edIer r..... of
liability that may arise out of or by reason of aeDon taken bv the City UDder this Article. In
addition. SUPEA shaD reftmd to the City any amounts naid to it in error. uoon
BresentatioB of sun....rti_ erideBte
Dues deductions shall be a specified uniform amount for each SBPEA member. Any change
in the amount of dues deducted shall be by written authorization from the Union with 30 days'
notice to the City Finance Department of any change in the amount of dues to be deducted.
All unit members who were members of SBPEA on July 1, 1999, and those employees who
thereafter become members shall remain as SBPEA members in good standing for the duration
of this MOU, except as provided herein.
During the first full week of April, members may request in writing to the Finance
Department, with a copy to SBPEA, to withdraw their authorization for dues deduction, which
shall become effective at the beginning of the frrst payroll period in June. (Reference:
Authorization for Checkoff for Union Dues - Exhibit #2)
Section 4 - Grievance Procedure
Puroose: The City of San Bernardino and the Middle-Management Unit realize the
'importance of a viable grievance procedure to aid in the resolution of disputes. It is recognized
that to maintain high employee morale and harmonious relations, an orderly method of
processing grievances is necessary. This procedure is intended to establish a systematic means to
process a grievance and to obtain fair and proper answers and decisions regarding employee
complaints. The representative of employees and management at all levels will make continuing
efforts to secure prompt disposition of grievances. Every effort should be made to resolve
grievances in the informal process.
The initiation of a grievance in good faith by an employee shall not cast any adverse
reflection on his/her standing with his/her supervisors or his/her loyalty as a City employee nor
be a reflection on the employee's supervisor or the department involved.
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Mid-Management MOU
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'" "'''..:~':.
Definition of a Grievance: A grievance is an alleged violation of the terms of this MOU. If
the employee chooses to appeal disciplinary action to the Civil Service Board, he/she shall be
precluded from filing a grievance. The remedy selected shall be the exclusive remedy pursued,
either through the grievance procedure used under this MOD, or through disciplinary appeals to
the Civil Service Board
Additionally, allegations of discrimination or harassment may be submitted to the Equal
Employment Officer.
As used in this procedure, the term "immediate supervisor" means the lowest level of
supervisor not within the Middle-Management representation unit.
Reoresentation: The aggrieved employee shall have the right to be represented. This
representation may commence at any step in the grievance procedure. Legal counselor official
representatives of the recognized employee organization only can represent the employee. No
person hearing a grievance need recognize more than one City employee representative for any
employee at anyone time, unless he/she so desires. Ifthe employee's legal counsel is not from
the formally recognized employee organization, a representative of that formally recognized
organization may attend the grievance hearing to insure that the solution reached does not violate
the terms of the MOU.
Consolidation of Grievances: In order to avoid the necessity of processing numerous similar
grievances at one (I) time, a single grievance may be filed.
Time Limitation: Time limitations are established to settle a grievance quickly. Time limits
may be modified by agreement of the parties. If at any stage of this grievance procedure the
grievant is dissatisfied with the decision rendered, it shall be the grievant's responsibility to
initiate the action, which submits the grievance to the next level of review. The grievant may
proceed to the next step if a reviewing official does not respond within the time limits specified.
A formal grievance may be entered into or advanced to any step if the parties jointly so agree.
Steos in The Grievance Procedure: The procedures outlined herein constitute the informal
and formal steps necessary to resolve an employee's grievance. An attempt to settle the
grievance in the informal structure at the employee-supervisor level is required. The grievance
must be submitted to the Informal Step within ten (10) working days ofthe incident or of the
grievant's knowledge of the incident's occurrence.
A. Informal: Initially, the grieving employee shall on a personal face-to-face basis
discuss his/her complaint with hislher immediate supervisor informally. Within ten (10) working
days the supervisor shall give hislher decision to the employee orally. The date and the subject of
the incident should be provided with the request for the informal meeting. The supervisor will
document his/her response to the employee, in the event the grievance proceeds to the Formal
level.
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Mid-Management MOU
B. Formal:
1. If the grievance is not adjusted to the satisfaction of the employee involved, the
grievance shall be submitted in writing by the employee or hislher designated representative to
the Department Head within the next ten- (10) working days. The Department Head shall meet
with the employee and/or his/her designated representative within ten (10) working days of
receipt of the written grievance and shall deliver hislher answer in writing to the employee
within ten (10) working days after the meeting.
2. If the grievance is still not adjusted, the aggrieved party may file a written appeal
with the Director of Human Resources or hislher designee shall meet with the employee and if
the employee desires, the designated Union representative within ten (10) working days after
receipt of the appeal and shall deliver hislher 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 within ten (10) working days from the date of delivery of said
answer. State in writing the complaint and the desired result. The City Administrator may meet
with the employee and if the employee desires the designated union representative within ten
(10) working days after the receipt of the appeal and shall deliver hislher answer in writing to the
employee within ten (10) working days after the meeting. The City Administrator's decision is
final and binding on all parties, unless reversed by a court decision.
4. 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
grievance not answered by the Union as above shall be deemed settled on the basis ofthe City's
last official answer.
5. Time limits, as stated above in subsections 1-4 may be extended by mutual
agreement ofthe employee, his/her representative (if any) and the City.
Section 5 - 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.
Further, there shall be no discrimination against 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.
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Mid-Management MOU
Section 6 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 shall have the right to refuse to join or
participate in the activities of employee organizations and shall have the right to represent
themselves individually in their employment relations with the City. No employee shall be
interfered with, intimidated, restrained, coerced or discriminated against by the City or by
employee organizations because of the exercise ofthese rights.
B. The City, through its representatives, shall meet and confer in good faith 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 7 Classification
Classification review is a management tool to ensure the accurate reflection of tasks and
duties in each City position for the purpose of recruitment, compensation and organizational
structuring. The City shall notify SBPEA in writing on all classifications and changes to
classifications to this unit within ten (10) working days after such changes have been approved
by the Mayor and Council. New and revised classification specifications shall be sent to SBPEA
within the same time frame. 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.
Section 8 Bulletin Boards
The City will furnish a reasonable portion of existing bulletin board space in each
department/division for the purpose ofSBPEA posting notices of pertinent SBPEA business.
SBPEA agrees that nothing libelous, obscene, and 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
posted, the City Administrator or designee shall meet with the SBPEA labor relations
representative to resolve the problem as soon as possible.
Section 9 - Access to Personnel Records
The City's Human Resources Department shall keep and maintain an official persounel file
for each employee. Personnel files are confidential.
Employees or their authorized representatives shall have the right, upon request, to review
the contents of their official personnel files. Such review may be made during normal 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. Employees desiring to review such records shall
make their requests in writing through the Department Head to the Human Resources
Department, if it is on City time.
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Mid-Management MOU
Letters of reference and other matters exempted by law shall be excluded from the right of
inspection by the employee.
ARTICLE III - COMPENSATION
Section 1- Wa!!es
Salaries are per Resolution No. 6413, Section Eleven, as amended by the Mayor and
Common Council. Exhibit #3 is a copy of the resolution.
Effective January 1. 2005. a one-and-one-halfpercent (1.5%) Cost-of-Living Adjustment
(COLA) will be given. This COLA will result in the entire pay scale moving upward by !ill!::
and-one-half percent (1.5%),
Effective January 1. 2006. a !!ill< percent (1 %) Cost-of-Living Adjustment (COLA) will be
given. This COLA will result in the entire pay scale moving upward by one percent (1 %).
Each member of the Mid-Mana!!ement Unit will receive a si!!nin!! bonus of $280 on the
first available Dayroll check followin!! aDDroval of this MOU by the Mayor and Common
Council. Bonus is subiect to state and federal taxes.
Section 2 - Actin!! Pay
A Middle-Management employee who is assigned acting (complete) responsibility in the
absence of his/her superior by the Department Head and approved by the City Administrator
shall be paid for same as follows:
The rate of pay shall be a step on the range of the higher position, which allows the "acting"
employee at least a five percent (5%) increase. The employee shall be paid from the first day of
such assignment. To qualify for such acting pay, the Middle-Management employee must be
assigned to same position for at least 30 consecutive working days.
Section 3 - Shift Differential
All employees assigned to shift work, within the bargaining unit assigned to the
communications division, shall receive the following pay differential, in addition to their regular
base rate of pay for actual "shift work" designated as either the "swing" or "graveyard" shift.
A. An employee assigned to the swing shift (normal start and ending time of 4:00 p.m. to 12
midnight, respectively) shall receive $85 per month 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 $120 per month extra for all hours actually
worked during such assignment.
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Mid-Management MOU
C. Any employee who is permanently assigned to the swing or graveyard shift will receive
the additional monthly pay. The additional pay will only begin and end on the 1 st and the 16th of
the month. Whenever permanent swing or graveyard shift employees work overtime on another
shift, their hourly pay will include the additional monthly pay.
D. Any non-swing/graveyard shift employees who work overtime in a swing or graveyard
shift will only be paid at the regular rate of pay (no additional differential pay).
E. The Departments, by memo, will inform Payroll which employees are permanently
assigned to swing and graveyard shifts and should receive the additional monthly pay.
Permanent is defined as being assigned for 30 calendar days or more.
Section 4 Wal!e Differential
All Mid-Managers shall receive payment at the step in the salary range which is not less than
five percent (5%) above his or her highest paid subordinate.
Section 5 PERS
The City will continue to contract with PERS for the existing retirement benefit plan and will
contribute all of the seven percent (7%) employee contribution.
For any unit employee hired on or after January 1, 1998, the City will pay five percent (5%)
of the members' contribution to PERS credited to the employee's account as a fringe benefit.
Upon said employees completing five (5) years of service, the City will pay seven percent (7%)
of the members' contribution to PERS credited to the employee's account as a fringe benefit on
the first pay period of the sixth year of service.
The City agrees to amend the PERS contract to provide the 2% @ 55 retirement benefit,
effective June 30, 2001, to all unit members. All costs will be covered by the City.
The City will pay the employer contribution ($3.50/month) for the Fourth Level of 1959
Survivor Benefits.
Section 6 Overtime
The following three paragraphs (Administrative Leave, Emergency Operations Center and
Fluctuating Schedules) apply to all unit employees with the exception of classifications covered
under the federal Fair Labor Standards Act (FLSA):
Administrative Leave: Unit employees will receive forty (40) hours of administrative leave
on Jnly 1 of each year this MOU is in effect. Unused Administrative Leave may not be carried
forward from year to year and shall not be paid for at any time. Employees receiving
Administrative Leave shall not earn any additional time off or other compensation for overtime
work, except as described below.
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Mid-Management MOU
Emergencv Ooerations Center (EOO: The City will pay straight time overtime to unit
members assigned to work beyond their regular shifts, when the City's Emergency Operations
Center (EOC) is open, when such assignments result from a federal or state-declared disaster
declaration and when the overtime worked is expected to be reimbursed to the City by federal,
state and! or other funding sources.
Fluctuating Schedule: In the event that Unit members must work beyond their regular shift or
must work on a regularly scheduled day off to provide support for prescheduled special events,
the Department Head or designee has the discretion to implement a fluctuating schedule,
whereby the employees will work on the prescheduled special event, in exchange for equivalent
time off during the same pay period. Each Department head shall consider any request of an
employee as to preference for taking the equivalent time off.
FLSA: Article ill, Section 6, shall not apply to the following positions covered under the Fair
Labor Standards Act (FLSA): Dispatcher Supervisor; Fire Equipment Shop Supervisor;
Maintenance Supervisor (Sewer); Traffic Signals & Lighting Supervisor; Police Records
Supervisors; Superyisinl!: Equipment Mechanic: Fire Communications Manal!:er: and
Athletic Field Maintenance Specialist.
Only hours actually worked shall be counted for purposes of calculating eligibility for
overtime compensation, as appropriate. Approved witness leave and jury duty, as set forth in the
MOU will be counted as actual hours worked.
Classifications covered by the FLSA shall have the option to participate in a compensatory
time bank.
Compensatory Time Bank: When an employee works overtime, he or she shall earn overtime
at the FLSA rate. Following prior approval of overtime as described above, the employee will
either be paid for the overtime worked, or the number of overtime hours worked will be placed in
a compensatory time bank based on the employee's request. The Finance Department (payroll)
will track the compensatory time accrued and used and the compensatory time balance will
appear on the employee's paycheck. Department Head approval will be required in order for
employees to use time from the compensatory time bank.
Once an employee's compensatory time bank reaches eighty (80) hours, the employee will be
paid for all subsequent overtime worked. By the end of each calendar year, an employee's
compensatory time bank must be reduced to forty (40) hours. Any hours in the compensatory
time bank in excess of forty (40) hours as of January 1 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 of 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 7 - Emplovee Court Subpoena Time
Effective February 1.2005. all City emplovees appearinl!: in court on their dav off for a
work-related court subpoena will receive compensation for the actual time spent in court,
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Mid-Management MOU
with a three (3) hour minimum. Additionallv. employees will receive one-half 0/2) hour
travel time for l!Oinl! to court. Emplovees will be reimbursed for all parkinl! fees associated
with the court appearance.
In the event an employee is placed on standby on their day off for a work-related court
subpoena. the employee will receive three (3) hours standby pav for each day on a standby
status.
For moroinl! standby subpoenas where employees are called to court and do not I!O
beyond 12:00 p.m. on that day. total compensation will consist of the three (3) hours
standby alonl! with one-half 0/2) hour of travel time. If employees have to appear in court
after the noon recess. the actual additional time alonl! with one-half 0/2) hour of travel
time will be added to the three (3) hours standby. In cases where the subpoena is for 1:30
p.m. or another time. the standby will start with the time stated on the subpoena.
All court-related compensation will be paid as time worked and at the appropriate
strail!ht time. or where applicable. at the FLSA overtime rate. Such compensation is in
addition to compensation for anv prior time actuallv worked pursuant to such subpoena.
Section 8 - Fines
The City shall pay for court fines imposed upon each regular Middle-Management employee
within the unit of representation as a result of his /her conviction of a traffic violation when such
employee was directed to operate any faulty vehicle or vehicular equipment, which was the
proximate cause of a mechanical or other traffic violation provided that such violation did not
result from improper or negligent operation of the vehicle on the part of the employee.
Section 9 - Special Certification Pav
Effective January I, 2003, employees in the following classifications:
A. Senior Code Compliance Officers; Supervising Equipment Mechanics; Fire Equipment
Supervisor, Equipment Maintenance Supervisors; Forensic Specialist III; Parks Maintenance
Supervisor; and, Survey Party Chief.
Shall receive, in addition to their regular compensation, $50 a month payment ($25 paid each
pay period) for obtaining and maintaining the following certifications:
ICBO or AACE Certificate
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Mid-Management MOU
ASE designation of Master Certified Mechanic
Fire Mechanic Level III
Certified Pesticide Applicators Permit/License
Certified Playground Safety Inspector
!AI - Certified Latent Print Examiner
!AI - Certified Crime Scene Investigator
Professional Land Surveyor's License
It shall be the responsibility of the department and the employee to provide payroll with a
copy of their certifications and or renewal.
Certificate pay is limited to $50 per month per eligible employee.
Section 10 - Personal Tool Replacement Allowance
The City shall provide a tool replacement allowance for damaged, lost or stolen personal
tools in an amount not to exceed $350 per year, per employee. The City will provide insurance
coverage for Fleet and Fire Equipment Mechanic Supervisors' tools, if the entire toolbox is
stolen from the City property.
Claims against the above tool replacement allowance shall be honored provided when: I) the
personal tools had been required by the City; (2) the tool had been marked and inventoried by
the employee; (3) a report of such inventory had been filed with the Department Head; and, (4)
said tools had been properly maintained. Tools stolen or damaged through no fault of the
employee will be replaced by the employee and reimbursement thereof will be made by the City,
after submission of an appropriate City form accompanied by an approved invoice or receipt.
Requests shall be submitted semi-annually, in June and December, or upon termination of the
employee from City service for any reason. Damaged tools, which are replaced through
reimbursement by the City as above shall be turned in to the Department Head and shall become
the property of the City.
During the term of this MOD, all new employees to the City hired as Fire Equipment
Supervisors or Supervising Equipment mechanics, 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 a one-time tool purchase allowance not to exceed $100 to assist in
making such purchase.
ARTICLE IV - FRINGE BENEFITS
Section 1 - Health/Life Insurance
A. Effective January 1. 2005. the City will contribute:
. $324.25 per month towards the purchase of health care premiums for
"Emplovee With No Dependents."
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Mid-Management MOU
. $643.15 per month towards the purchase of health care premiums for
"Emplovee Plus One or More Dependents."
Effective January 1. 2006. the City will contribute:
. $344.25 per month towards the purchase of health care premiums for
"Emplovee With No Dependents."
. $667.15 per month towards the purchase of health care premiums for
"Emplovee Plus One or More Dependents."
Insurance benefits available for purchase by employees includes medical, dental, vision,
life, long-term disability and accidental death and dismemberment, as made available through the
City. Any contributions not utilized by an employee shall revert to the City.
B. A full-time, regular employee must purchase medical insurance offered by the City in
order to utilize any ofthe contributions described in Article IV, Subsection A.
C. The City shall contribute the PERS adopted schedule amount (currentlv $48.40) per
month per retiree to be used exclusively for the purpose of medical insurance benefits.
D. The City shall provide each employee with $25,000 Accidental Death and
Dismemberment (AD&D) plan insurance coverage at no cost to the employee. The City shall
provide each employee with $10,000 Life Insurance coverage at no cost to the employee.
E. Cafeteria monies may be redesignated or a change of plans may be made only during the
open enrollment period, in accordance with the rules established by the insurance plan selected
by the employee. Plan additions and drops shall be made in accordance with the rules established
by the insurance plan selected by the employee.
F. All full-time, regular employees shall participate in the City-sponsored long-term
disability (LTD) insurance plan. The City will pay 100% of the LTD insurance plan premium for
full-time, regular employees during the length of this contract.
G. The City will change the elimination period for short-term disability (STD) from 30 to 60
days for disability coverage for all Unit members.
Section 2 - Uniforms
If an employee is required to wear uniforms or any type of safety or protective devices as a
condition of employment, such uniforms or protective devices shall be furnished to the employee
at no cost to the employee. The City will maintain work clothes that are laundered.
The City reserves the right to determine the manner in which the work uniforms and
protective devices are provided, to select the uniform rental service ( as applicable) and to select
the style and color of the uniforms/protective devices.
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Mid-Management MOU
Section 3 - Tuition Reimbursement
A. Puroose
1. To encourage the employees of the City of San Bernardino to take college courses
and special training courses that will better enable them to perform their present duties and
prepare them for increased responsibilities.
2. To provide financial assistance to eligible employees for education and training.
3. To establish eligibility requirements, conditions and procedures whereby such
assistance may be provided.
B. Eligibility
1. Applications for tuition reimbursement will be considered only from unit
members/employees who have completed probation.
2. Reimbursement is not authorized for courses for which the employee is receiving
financial assistance from other sources such as the GI Bill, scholarships and similar sources.
3. Applications will be approved only for courses directly related to the employee's job
or directly related to a promotional position in the employee's occupational specialty.
4. Courses not ostensibly related to the employee's job but which are required to qualify
for a degree that is directly related to hislher job may be reimbursable only after all required
occupationally related courses have been completed.
5. Prior to receiving tuition reimbursement, employees must submit documentary proof
of having received a grade, which is consistent with the City's affirmative action policy.
Currently, this is a "c" grade. If objective ratings are not rendered for a specific course, then a
certificate of successful completion must be submitted.
6. Approval will be limited to courses given by accredited colleges and universities, city
colleges or adult education under the sponsorship of the Board of Education. 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 tuition reimbursement funds with the
approval of the Department Head and the City Administrator. No mail-order courses will be
offered.
7. When an employee is required by his or her Department Head to attend a particular
course or seminar, the expense shall be borne entirely by the department, outside of this
Subsection.
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Mid-Management MOU
.
C. Reimbursement
1. Reimbursement will be for the cost of tuition or registration fees and the required
textbooks for each course. Additional expenses such as meals and parking fees are not
reimbursable.
2. Costs for required texts are eligible for one-hundred percent (100%) reimbursement
and the employee may retain the book(s).
D. Procedures
1. An employee who desires to seek tuition reimbursement under the provisions of this
Article must complete, in triplicate, a City Education Reimbursement form and submit it to
his/her Department Head for advance approval.
2. The Department Head will recommend approval or disapproval based on job
relatedness and forward the Educational Reimbursement form to other Director of Human
Resources.
3. The Director of Human Resources will recommend approval or disapproval based on
availability of budgeted funds for education tuition assistance and forward to the City
Administrator for final action. One (1) copy will be returned to the employee; a copy will be
returned to the department. It is necessary that the applicant accomplish the procedures so far
described in order to ascertain the eligibility of the intended course of instruction for
reimbursement under the provisions of this Section prior to the inception of the course.
4. The employee will submit his or her copy of the approved application for
reimbursement within sixty (60) calendar days after the completion of the course and final grade
has been received. The employee must include official verification ofhis/her final grade with
appropriate receipts for tuition and textbook costs. These will be returned to the employee upon
request. Applications not submitted to the Human Resources Department within the established
time frame following completion of the course become void.
5. Upon receipt of the application and required documentation, the Human Resources
Department will determine whether the completed course of instruction is compatible with the
provisions of Subsections B and C of this Section. Iffound to be compatible and funding
available as described in this Section, the Human Resources Department will compute the
amount of reimbursement, authenticate the application and forward it to the Finance Department
with authorization to reimburse the employee the approved amount.
6. All approved reimbursements forms must be returned Human Resources, if the
employee/student does not complete the course.
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Mid-Management MOU
ARTICLE V - LEAVES
Section 1- Vacation
A. All employees covered by this MOU shall be entitled to paid vacations as follows:
Completed Years of
Continuous Service
1 Year**
5 Years
15 Years
20 Years
Rate of Accrual Per Pay
Period
3.333 hours
5.0 hours
6.667 hours
8.33 hours
Equivalent Hours
Per Year
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.
B. The amount of accrual shall not exceed the specified number of hours granted each 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. Except as provided herein, vacation time shall not accumulate or be allowable or payable
beyond the calendar year when due. 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. 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 or three (3) or more months
should normally elapse between the expiration of one (1) year's vacation and the commencement
of the next year's vacation.
The vacation period to which any employee shall be entitled shall be assigned by the
Department Head in the calendar year when due, except with 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.
Vacation requests will not be unreasonably denied.
E. Upon termination, payment for unearned but unused vacation or deduction for used but
unearned vacation shall be made on the basis of the hourly rate of pay being received by the
employee on the date of separation.
F. When an employee returns to work after a break in "continuous service" as defined in
Resolution No. 6433 as amended, 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
20
Mid-Management MOU
accrue during a break in continuous service, but shall accrue from the date of return to service
from such approved leave of absence, based upon the total length of service of the employee.
G. Whenever the terms "year or years of employment" appear herein, it shall be deemed to
include all services for the City of San Bernardino BellRi efWater Cemmissiefl8f5 IIftd the San
Berflardifle Fr-ee Pualie Library BellRi. Years of employment do not refer to participants in
federally fimded, temporary programs, e.g., Job Training Partnership Act (JTP A).
H. The employee shall not lose any vacation time off due to action by the City.
I. Vacation credits may be taken off in increments for four (4) hours, with prior Department
Head approval, unless Department work rules permit use in lesser increments.
Section 2 - Holidays
A. City-Desilmated Holidavs: All full-time employees within the bargaining unit, with the
exception of those employees mentioned in the following paragraphs shall be entitled to twelve
(12) City-designated holidays, the equivalent of ninety-six (961 holiday hours each year. The
following days will be holidays for the purpose of this MOD:
New Year's Day
President's Day
Martin Luther King, Jr. Day
Memorial Day
Independence Day
Labor Day
Traditional Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve Day
Christmas Day
New Year's Eve Day
Plus sixteen (16) hours of Holiday Account time per year (See Subsection B).
Effective January 1. 2006. all full-time employees within the barl!aininl! unit. with
the exception of those employees mentioned in the followinl! paral!raphs shall be entitled to
twelve (2) Citv-desil!nated holidays. the eauivalent of one hundred eil!ht (08) holidav
hours each year.
All full-time employees within the bargaining unit with the exception of those employees
shown in the following paragraph 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.
B. Holiday Account: Effective each January 1st, unit employees will receive sixteen (16)
hours in their Holiday Account (formerly known as Floating Holidays). Employees may
21
Mid-Management MOU
,
maintain a balance of more than sixteen (16) hOUTS in their holiday account during the fiscal
year, at June 30th of each year only sixteen hours will be carried over to the new fiscal year
which begins on July 1 st. Any Holiday Account hours over sixteen (16) hours at June 30th will be
lost.
Effectiye January 1. 2006. unit employees will receive ei!!hteen (18) hours in their
Holidav Account (formerly known as F1oatin!! Holidays). Employees may maintain a
balance of more than ei!!hteen (18) hours in their holiday account durin!! the fiscal year: at
June 30th of each vear thereafter. only ei!!hteen (18) hours will be carried oyer to the new
fiscal year which be!!ins on July 1 st. Any Holiday Account hour~ oyer ei!!hteen (18) hours at
June 30th will be lost.
C. Employees who due to scheduling must work on a recognized City holiday will be
compensated on the basis of the number ofhoUTS worked on said holiday, excluding lunch/diuner
break. The hOUTS accruing to the employee's holiday account for that day shall not exceed eight
(8) hOUTS.
Effectiye January 1. 2006. employees who. due to schedulin!! must work on a
reco!!nized City holiday. will be compensated on the basis of the number of hours worked
on said holiday. excludinl! lunch/dinner break. The hours accruinl! to the emplovee's
holiday account for that day shall not exceed nine (9) hours.
If a holiday OCCUTS on a normal day off for an employee, the employee shall receive no
additional pay.
The decision as to whether in-lieu 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 time off is directed by the Department Head, it may be added to the regular aunual vacation
period but must be taken within one (1) year of the date said 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 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.
D. Holidays as 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 therein.
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.
22
Mid-Management MOU
~
Effective January 1. 2006. an emplovee workinl!: on a 9/80 or a 4/10 schedule will
accrue the eauivalent number of hours of holidav time (holidav account) with one (1)
holidav eauivalent to nine (9) hours.
E. Holidays eamed in any twelve (12) month period may not be accumulated beyond the
total number of holidays allowed each year by this MOU.
F. Effective January 1. 2006. upon separation from the City. emplovees shall be paid
for ninety percent (90%) of his /her current holidav account.
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, attendance upon a member ofhislher immediate family
who is seriously ill and requires the care of or attendance of an employee or death in the
immediate family of the employee. hnmediate family means: husband; wife; grandmother;
grandfather; mother; father; sister; brother; son or daughter or mother-in-law; father-in-law;
sister-in-law; brother-in-law; son-in-law or daughter-in-law.
Sick Leave Usage for Familv Members: Not more than forty (40) hours of sick leave
within any calendar year may accrue to an employee for the care of or attendance upon members
of their immediate family. Not more than forty (40) hours of sick leave within a calendar year
may be granted to an employee for each absence due to death of a member of hislher immediate
family as defined above.
Sick Leave Usage for Emplovees: Upon the department's request, an employee must
provide a physician's statement to justifY a sick leave of forty (40) consecutive hours or longer.
If the Department Head finds with just cause that sick leave is being abused. the employee may
be required to submit a physician's statement after any absence.
No absence due to illness or injury in excess of forty (40) hours shall be approved, except
after the presentation of satisfactory evidence of illness or injury. A certificate from a practicing
physician or an authorized practicing chiropractor may be required by the Department or
Division Head and shall be subject to hislher approval concerning such absence. The Mayor and
Common Council shall have the power to require that any person claiming the sick leave benefits
of this MOU be examined at any reasonable time or intervals by a designated physician, and in
the event of an adverse report, to reject such claim for sick leave in whole or in part, and to
terminate sick leave compensation. In the event of the refusal of any person to submit to such
examination after notification, the Mayor and Common Council may terminate sick leave
compensation and reject any claim therefor. The Mayor and Common Council shall have the
right to require the presentation of a certificate from a practicing physician or the designated
physician stating that an employee is physically or psychologically able to perform hislher work
and duties satisfactorily before permitting an employee who has been on sick leave to return to
work.
23
Mid-Management MOU
In order to receive compensation while absent on sick leave, employees shall notifY their
immediate supervisor or designee prior to or within thirty (30) minutes of the time set for
beginning their daily duties or as may be specified in department/division work rules. When
absence is for more than one (1) work day, the employee may be required to file a physician's
certificate or a personal affidavit with the Director of Human Resources stating the cause of the
absence. 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 an employee may use at his/her 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, he/she shall be allowed to take his/her vacation
in the next calendar year, but must take said vacation prior to the time helshe returns to work
after his/her illness or injury.
Whenever the term "service to the City" appears herein, it shall be deemed to include all
service of the City of San Bernardino Beare ef Water CeHlffiissieBefS aBll the SaB BemareiBe
Fi'ee Pllblie LiefllfY Beaf6.
B. All full-time regular employees who have completed the first six (6) calendar months of
continuous service with the City shall be granted a sick leave accumulation of forty-eight (48)
hours. After six (6) months or more of continuous service, employees who are compelled to be
absent from work on account of 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.
In the event an employee is compensated for less than fifty percent (50%) ofthe total normal
work hours in the pay period, helshe shall accrue no sick leave for such pay period and shall not
be credited for the 4.0 hours of sick leave.
Whenever the employee uses all allowable sick leave, further absences may be charged
against accrued vacation or administrative leave (if eligible), upon approval of the Department
Head. If all allowable sick leave has been used and use of accrued vacation and/or administrative
leave 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
Unused sick leave is payable at any resignation without prejudice (including death and
retirement) up to a maximum of fifty percent (50%) of a 1,200-hour cap.
For employees with over twenty (20) years of service, one-hundred percent (100%) of all
unused sick leave, up to a 1,200-hour cap, will be paid at any resignation without prejudice.
24
Mid-Management MOU
,::.
Section 5 - 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 their written request to utilize any balance of their accumulated sick
leave, vacation, holiday and compensatory time credit to augment the amount oftemporary
disability they receive, to the extent the total sum received will result in a payment equal to their
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 been 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. Supervisors will log date and time employees were given form
on Supervisor's Report of Injury. Employees must return Employees' Claim form to supervisor
to begin the process for 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 employee has the right to be examined and treated by a physician ofhislher choice,
within the required time, of the alleged injury or illness, as required by the California Labor
Code.
The City shall have the right to require the employee be examined by a physician designated
by the City, to assist in determining the length oftime 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 employee and the physician
selected by the City, 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, the person 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 6 - Leave of Absence Without Pav
Leave of absence without pay is a temporary, nonpay 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
ifit is expected that the employee will return to duty and that at lease one (I) 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 or
conditions for which leave of absence without pay may be granted are:
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Mid-Management MOU
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.
E. For military leave when the employee has less than one (I) year of service to qualify for
leave with pay.
An approved leave of absence without pay for less than sixty (60) days in any calendar year
will not be considered a break in service. Leave in excess of sixty (60) days shall result in the
advancement of the employee's anniversary date and compensation advancement date to such
date as will account for the total period of uncompensated time off. Failure to return to duty at
the expiration of the approved leave of absence without pay shall constitute an automatic
resignation.
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 if
the leave of absence without pay becomes effective during the first fifteen (15) days of the
month, nor beyond the last day of the next succeeding month if the leave of absence without pay
becomes effective after the fifteenth day of the month, unless the employee is returned to work
from leave of absence without pay status prior to the date of 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 employee and the employer portions). It is the
responsibility of the employee to contact the Human Resources Department in this regard. The
payment of the amount of the premiums must be made to the City prior to the date, which the
City's participation will terminate. Payments must be made directly monthly thereafter to the
insurance carrier 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 terminates between the first
and the fifteenth days 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 provisions 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 out of and in the course ofhis/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.
26
Mid-Management MOU
.
Section 7 - Witness Leave
Uttit lHemBeR; sltall he eatitlea t9 \"!itness lea.18 '",VBeR sUBpeeBaed t8 testify as a \'"litRess in
eivil litigatian invahiHg the City, sueh sallpaena beiHg pl'tlperly issued by a eallrt, ageney ar
eaBlHlissiBn legally effiJlav;ered ta slibpaena 'mtaesses. T1Hs benefit shell Flat apply Hi any ease
iB .:,meR the su&peea.aea eHlpleyee is a party t9 the setisa, l:Ulless the aetisH. arese iB the eSHfSe
and seEljle Bf the emplayee's 6mfIlayment 'Nith the City. WitHess leave shall Flat be ehllfged
against aay aeeWHlilated lea'le balanees aHd shall be eaffiJlensated at the l!IHJlleyee's base haudy
rate. ...^an 8lBfJleyee may Bet he denied law/s t9 apfJear at 8 preeeeeliBg &abjes! t9 a laVi.'fid
StHlfJ8eB8.
Whenever a unit emplovee is duly summoned to appear as a witness. except where the
employee is a Iitil!ant or defendant in a criminal case or any action broul!ht about as a
result of his or her own misconduct. he or she shall receive rel!ular compensation for any
rel!ularly scheduled workinl! hours spent in actual performance of such service for non-
work-related matter.
Section 8 - Blood Donations
Employees in regular positions, who donate blood in the interest of the City without
receiving compensation for such donation, may have the required time off with pay with the
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 9 - Catastrophic Leave
Upon request of an employee who is experiencing catastrophic illness, and upon approval of
the 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 year of continuous service with the City.
C. The donation must be in four (4) hour increments of vacation, compensatory time or
floating holidays by employees who have completed at least one (I) year of continuous service
with the City.
D. Employees may not donate leave they would otherwise forfeit. For example, employees
who are separating from City employment may donate leave only up to the amount of the
payment they would receive upon separation.
27
Mid-Management MOU
~
E. Donations shall be on a form developed by the Human Resources 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 10 - Sick Leave Sell Back
Sick Leave Sell Back: Effective January 1,2003, employees with perfect attendance in the
previous calendar year will be allowed to cash out up to five (5) days (40 hours) of sick leave per
year, providing the employee has at least one hundred sixty (160) hours in their leave account
after the sell back to be eligible.
Employees must complete a sell back form, which must include the Department Head's
signature. Forms must be submitted to the Finance Department on or before February 15th each
year.
Payment for sick leave sell back will be paid (using current Council approved salary rates in
the salary resolution) on the employees March 30th payroll check.
Section 11 - Accumulated Leave Conversion Plan (ALP)
The City will provide an Accumulated Leave Conversion Plan which will allow
emplovees upon retirement to contribute unused sick leave. vacation. holidav. and
compensatory time to an Internal Revenue Code Section 401(a) Defined Benefit Plan. Ail
fees associated with such plan will be paid by plan participants. Employees must contribute
a minimum of 55.000 of their accumulated leave benefits to be elildble to participate in the
ALP.
Section 12 - JUry Dutv
Every unit employee and every employee whose position is funded under federal law or
is employed in a federallv-funded position. ifsuch benefit is required bv said federal law.
are covered by this section. The City will pay for UP to fifteen (15) workinl! days in a
calendar year of a covered employee who is required to serve iury duty.
ARTICLE VI - WORKING CONDITIONS
Section 1 - Workinl! Conditions
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 ofa forty (40) hour
workweek consisting of five (5), eight (8) hour work days, exclusive of any meal periods
assigned by management.
28
Mid-Management MOU
r
2. 9/80 Work Schedule: The 9/80 work schedule shall consist of eight (80) work hours
in a two- (2) week period consisting of eight (8), nine (9) hour work days and one (I), eight (8)
hour work day, exclusive of any meal periods assigned by management.
3. 4/10 Work Schedule: The 4/10 work schedule shall consist ofa forty (40) hour
workweek consisting of four (4), ten (10) hour work days, exclusive of any meal periods
assigned by management.
The primary work schedule will continue to be the 9/80 work schedule, as defmed above,
unless changed by action of the Mayor and Common Council when it reconsiders extension of
the 9/80 schedule.
Work schedules shall be posted on all department bulletin boards showing the
employee's 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 eamest 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.
Section 2 - Phvsical Examinations
The City shall pay medical fees for the physical examination of any permanent member 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 ofhis/her choice. In the event an
employee is authorized to be examined by a doctor ofhis/her choice, reimbursement shall be
made by the City for the cost thereof provided, however, that the amount of the reimbursement
shall not exceed the cost the City would have paid to its contract physician or medical group.
Physical exams taken by a Middle-Management employee on a voluntary basis are not
reimbursable by the City. However, if a Department Head requires a Middle-Management
employee to maintain a Class A or Class B driver's license, such liceuse exams as required will
be scheduled with the City's contracting physician at no cost to the Middle-Management
employee.
Section 3 - Drul!: and Alcohol Testinl!:
In addition to employees already covered under the Department of Transportation (DOT) for
drug and alcohol testing, all Middle-Management employees will participate in drug and alcohol
testing, following the reasonable suspicion Drug! Alcohol Testing procedure described in the City
29
Mid-Management MOU
.
of San Bernardino's Policy on Drug and Alcohol Testing of Employees with Commercial
Drivers' Licenses.
If a supervisor has a reasonable suspicion that an employee has been abusing drugs or
alcohol, that supervisor will immediately notify his/her immediate supervisor of these suspicions
and document the observations on a reasonable suspicion checklist.
The conduct of the employee must be witnessed by a supervisor who has received training
consisting of at least 1-1/2 hours on identification of actions, appearance or conduct which are
indicative of the use of drugs or alcohol. A supervisor must directly observe and document the
behavior. Reasonable suspicion may not be based upon hearsay.
Section 4 - Seniority
Department Heads will consider seniority in authorizing vacations and scheduling shift
assiguments and transfers. Seniority shall prevail when all the factors are not significantly
different. "All 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.
Section 5 - Probationary Period
Employees in the Middle-Management unit shall have a probationary period of one (I) year.
After successfully completing same, the seniority date shall be from the last date of hire within
the department, division or section. All employees shall serve twelve (12) months in the step in
which they were first hired, before becoming eligible for a step increase to the next step.
ARTICLE VII. GENERAL PROVISIONS
Section 1 - Waiver Clause
The parties acknowledge that during the meet and confer process which resulted in this MOD
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 understanding
arrived at by the parties after the exercise of that right and opportunity are set forth herein.
Therefore, the City and the Dnion for the life of this MOD each voluntarily and without
qualification waives the right, 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 MOD.
Section 2 - Severability
It is understood and agreed that this MOD 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 of San Bernardino. If any part or
provision of this MOD is in conflict or inconsistent with such applicable provisions of those
30
Mid-Management MOU
federal, state or City enactments, or it is otherwise held to be invalid or unenforceable by any
court of competent jurisdiction, such part or provisions 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 - Printinl!: of Memorandum of Understandinl!:
The City and the Union will share the cost of the printing of the MOU as follows: The Union
agrees to pay for the cost of the copies to be distributed to its unit members.
Section 4 - Term of Memorandum of Understandinl!:
This MOU will run for the period starting Julv 1. 2004 throul!:h June 30. 2006.
If negotiations regarding an MOU are in progress at the time the current MOU expires, or if
the parties are at impasse, the current MOU shall remain in effect until a successor MOU is
adopted by the Mayor and Common Council.
Section 5 - Notice of Intent to ReoDen
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 2006. 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.
Section 6 - New EmDlovee Information
Once per month, the Human Resources Department will furnish the Union with information
on new Middle-Management 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 the
Mayor and Common Council.
31
Mid-Management MOU
r---
I'
2005-16
MIDDLE-MANAGEMENT EMPLOYEES'
MEMORANDUM OF UNDERSTANDING
2004-2006
Executed this
3rrt
ATTEST:
~h.~
City lerk
Approved as to form
And legal content:
.t~
day of
(-€ foflA. e'( '1,2005.
~l 0 ~\___ C . S~IhA-4
San Bernardino Public
Employees' Association (SBPEA)
~ j ..:L~
Wc.V~
{/
~~
32
Mid-Management MOU
~-
INDEX
Subiect
Paee
Access to Personnel Records ...................................................................................................11
Accwnulated Leave Conversion Plan (ALP)...........................................................................28
Acting Pay................................................................................................................................12
Agency Personnel Rules ............................................................................................................6
Blood Donations ......................................................................................................................27
Bulletin Boards...................................................................................................................... ..11
Catastrophic Leave...................................................................................................................27
Classification........................................................................................................................... .11
Contract Services ....................................................................................................................... 7
Definition of Terms.................................................................................. ..................................5
Drug and Alcohol Testing........................................................................................................29
Employee Court Subpoena ......................................................................................................14
Employee Rights ......................................................................................................................11
Fines........................................................................................................................................ .15
Grievance Procedure ..................................................................................................................8
Health/Life Insurance...............................................................................................................16
Holidays ...................................................................................................................................21
Injury Leave .............................................................................................................................25
Jury Duty..................................................................................................................................28
Labor-Management Committee.. ............................................................................................... 7
Leave of Absence Without Pay................................................................................................25
Management Rights ...................................................................................................................6
New Employee Information.....................................................................................................31
No Strike .................................................................................................................................... 7
Non-Discrimination ........................................................................................................... ......1 0
Notice of Intent to Reopen .......................................................................................................31
Overtime ..................................................................................................................................13
Payment for Unused Sick Leave..............................................................................................24
Payroll Deduction ......................................................................................................................8
Personal Tool Allowance .........................................................................................................16
PERS .......................................................................................................................................13
Physical Examinations .............................................................................................................29
Printing of Memorandwn of Understanding.................................................... ........................31
Probationary Period .................................................................................................................30
Recognition ................................................................................................................................ 7
Seniority ................................................................................................................................. ..30
Severability ..............................................................................................................................30
Shift Differential..................................................................................................................... .12
Sick Leave Sell Back ...............................................................................................................28
Sick Leave................................................................................................................................23
Special Certification Pay......................................................................................................... .15
Term of Memorandwn of Understanding ................................................................................31
Tuition Reimbursement ...........................................................................................................18
33
Mid-Management MOU
l'
Subiect
Pal!:e
Uniforms ..................................................................................................................................17
Vacation ...................................................................................................................................20
Wage Differential.....................................................................................................................13
W ages.......................................................................................................................................12
Waiver Clause ..........................................................................................................................30
Witness Leave ..........................................................................................................................27
Working Conditions.................................................................................................................28
34
Mid-Management MOU
--L
1999-320
CI" 0'
Exhibit 1
San l)ernardino
'I"L ""1" "'IC'
H. 0 0 U. C H AND L I II
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SUsan 'tarda
laD Bernar41ao P\lbllc bploy... a..oclaUoa
433 Korth .ierra Way
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San 8ernar41Do, CA '2404-030'
.
Dear Ma. 'tardal
'lb. fUnCtions of the C1vll .."loe Boud are c1earl~ ouU1De4 1Il
th. City Charter lections at. tJan an ancl tile can-ea~ C1vll
Service Jtu1.. 4at.ect iranuary ..al, 1.".
a. ClYl1 Service 1tu1.. ~. aU11"':1D _c~. At~ th~ OOM
OQ~ of coal~., ...~ anlI Claftr~ ...~ will .. ..14 vlth all
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Exhibit 2
AUTIIOlUSATIOlI PO. --CKOJPP 1'0. UHIOH I)UBS
.% hereby authorbe the Finance DeparQient of the Cl~y o~ San
BernaJ:41Jio to 4educt froa IIY _rD1Dg., the regular aon~y 4ue.
(unl~ona OIl dollar uowat), in the --....mt oUtlf1ed by th. San
'BerDUclJ.no "lio -.ploye..' AtJ.oola~lon (SBnA) , ana ~
auUlodae the na1thace of" noIl .-oun~(.) to DnA in aCOOrilance
vl~ Uae aaznnUy eUectJ.". ~ ~ t:be C1qo aDlt 8UD.
....... aut:boriaauo. ~ nvocabl. by a DOUce 1D W'1~1ng t:o 1:be
F1Dance ~ vlth a 00ft to 88PBA - 4e8Ol:'lbecl in ~ 0U'nD~
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-% hereby waive all right an4 ola:l.a ~or _14 JIOftl.. ~ 4eduot:ed u4
. t:ra",,_f~ 1D aOOOZ"fa~ with HIlt_ .u1:horlaa1:1oD aDlI, "-~ u4
. ~t:ely, nlieve Uae C1~, any Dlipbl Tn~ of t:be C1~; .... an4
all theu offlcen, npruent:e~lv.. or agem:. ~oa l1Ullity
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1
RESOLUTION NO.
2
1
20
21
22 (2415)
23 (2421)
24
(2426)
25
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTIO
NO. 6413, SECTION ELEVEN, ENTITLED IN PART, "A RESOLUTION . .
3 ESTABLISHING A BASIC COMPENSATION PLAN. . . "; BY CODIFYING PRIO
COUNCIL ACTIONS (MIDDLE-MANAGEMENT UNIT).
4
5
BE IT RESOLVED BY THE MAYOR AND C
SAN BERNARDINO AS FOLLOWS:
6
SECTION 1. Resolution No. 6413,
7
effective February 1, 2005:
8
9
10 RANGE LOW STEP
11 (2350) 2543
12 (2354) 2595
13 (2368) 2782
14 (2395)
15 (2398)
16
17
lice Records Supervisor
Video Production Coordinator
Custodial Supervisor
Community Center Manager
Community Service Center Manager
Telecommunication Technical
Coordinator
4149
Staff Analyst III
4170
Athletic Field Maint Specialist
4275
Community Services Officer
Supervisor
3624
4405
Dispatcher Supervisor
3716
4516
Accountant II
Print Shop Supervisor
L~
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTIO
NO. 6413, SECTION ELEVEN, ENTITLED IN PART, "A RESOLUTION
2 ESTABLISHING A BASIC COMPENSATION PLAN. . . "; BY CODIFYING PRIO
3 COUNCIL ACTIONS (MIDDLE-MANAGEMENT UNIT).
4 RANGE
5 (2427)
LOW STEP
3734
6
(2430)
3791
7
8
9
(2432)
3829
10 (2434)
3867
11
12
(2439)
(2441)
4004
3965
13
14
15
(2442)
16
17
20
21
22
23
24 (2452)
4230
25
HIGH STEP
CLASSIFICATION TITLE
4539
. ing Equipment Mechanic
ontrol Operations Manager
or Code Compliance Officer
inistrative Operations
Supervisor
Telephone Systems Coordinator
4892
Parks Maintenance Supervisor
Recreation Supervisor
Accountant III
Police Records Manager
Police Communications Manager
5091
Facilities Maintenance Supervisor
5116
Project Coordinator -Crime Free
Housing Landlord Cert. Program
Environmental Project Manager
Sanitation Route Manager
Fleet Operations Coordinator
5142
Fire Equipment Maintenance
Supervisor
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTIO
NO. 6413, SECTION ELEVEN, ENTITLED IN PART, "A RESOLUTION
2 ESTABLISHING A BASIC COMPENSATION PLAN. . . "; BY CODIFYING PRIO
3 COUNCIL ACTIONS (MIDDLE-MANAGEMENT UNIT).
4 RANGE
5 (2454)
LOW STEP
4273
6
7
(2460)
(2461)
4424
4402
8
(2465)
9
4513
10
11
(2469)
(2470)
4627
4604
12
13
14
(2476)
(2481)
15
16
17
20
/II
21
22
/II
23
/II
24 1/1
25 1/1
/II
/II
HIGH STEP
CLASSIFICATION TITLE
5193
ire Prevention Officer
Supervisor
Center for Individuals with
abilities Manager
or Recreation Supervisor
Senior Plans Examiner
Traffic Signal & Lighting Supervisor
Risk Management Coordinator
Workers' Compensation Supervisor
Engineering Associate
Engineering Associate Land Develo
Construction Engineer
6500
Senior Planner
7
8 COUNCIL MEMBERS: AYES
9 ESTRADA
10 LONGVILLE
11 MCGINNIS
DERRY
12
KELLEY
13 JOHNSON
14 MC CAMMACK
15
16
17
I RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTIO
NO. 6413, SECTION ELEVEN, ENTITLED IN PART, "A RESOLUTION . .
2 ESTABLISHING A BASIC COMPENSATION PLAN. . . "; BY CODIFYING PRIO
3 COUNCIL ACTIONS (MIDDLE-MANAGEMENT UNIT).
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Commo
5
Council of the City of San Bernardino at a
6
day of
Rachel G. Clark, City Clerk
hereby approved this
o
20
21
Judith Valles, Mayor
City of San Bernardino
Approved as t
22 legal content:
23
JAMES F. PENMAN
City Attorney
24
25
By:
HR/Agenda Items:Reso.64I3.Mid-Mgmt 01/21/05