HomeMy WebLinkAbout19-Human Resources
ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date:
March 25, 2005
Subject: RESOLUTION
IMPLEMENTING A MEMORANDUM
OF UNDERSTANDING BETWEEN THE
CITY OF SAN BERNARDINO &
EMPLOYEES IN THE GENERAL
BARGAINING UNIT REPRESENTED
BY SAN BERNARDINO PUBLIC
EMPLOYEES ASSOCIATION (SBPEA)
MICC Meeting Date: April 4, 2005
From:
Linn Livingston
Dept:
Human Resources
Synopsis of Previous Council Action:
. On October 3, 2001, the Mayor and Common Council approved Resolution No. 2001-
303, Resolution of the City of San Bernardino implementing a Memorandum of
Understanding between the City of San Bernardino and employees in the General
bargaining unit of the City of San Bernardino represented by San Bernardino Public
Employees Association.
Recommended Motion:
1. Adopt resolution.
2. Authorize the Director of Finance to transfer $268,600 from the FY 2004-2005
General Government Budget to departments that are funded with General Funds
and which have General Unit employees. Also, all Non-General Fund Budgets
are to be amended as necessary as outlined in the staff report.
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Contact person: Linn Livinaston Phone: 384-5161
Supporting data attached:
Yes
Ward:
.
~,.
FUNDING REQUIREMENTS: Amount: FY 04/05 $341,300 FY 05/06 $894,700
FY 06/07 $1,292,900
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes: ~. :;, 005'..1:;-
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Resolution implementing a Memorandum of Understanding between the City of San Bemardino
and employees in the General bargaining unit represented by the San Bernardino Public
Employees Association (SBPEA).
Backl!round:
The contract with the General Unit employees expired on June 30, 2004. The City Team and the
San Bernardino Public Employees' Association (SBPEA) reached a tentative agreement on a
successor Memorandum of Understanding (MOD) and member ratification.
Following is the economic benefits package:
Wal!es: Effective April I, 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 one-and-
one-half percent (1.5%).
Effective January I, 2006, a one percent (1%) COLA will be given. This COLA will result in
the entire pay scale moving upward by one percent (I %).
The City will conduct a classification and compensation study of positions in the General Unit to
be completed on or about September 1, 2007. The study will be brought for adoption to the
Mayor and Council in the form of a side letter at a later Council meeting date.
Sil!ninl! Bonus: Each member of the General Unit group will receive a signing bonus of $140 on
the first available payroll check following Mayor and Council approval.
HealthlLife Insurance: As of January 1, 2005, the City will contribute an additional $45/per
month towards Employee Plus One or More Dependents ($445), and an additional $30/per
month towards Employee With No Dependents ($295).
Effective January 1, 2006, the City will contribute an additional $32/per month towards
Employee Plus One or More Dependents ($477), and an additional $32/per month towards
Employees With No Dependents ($327).
Effective January 1, 2007, the City will contribute an additional $32/per month towards
Employee Plus One or More Dependents ($509), and an additional $32/per month towards
Employees With No Dependents ($359).
Bilinl!ual Pav: Effective with the signing of this contract, the number of positions designated as
bilingual will be increased to 40.
Holidavs: Effective 1/1/06 employees will receive 9 hours of holiday pay for each city paid
holiday. Accrued holiday balances will be paid out at 90% of total hours upon separation or
retirement.
The term of the new MOU is from July 1, 2004, to December 31,2007. Attached is the new
General Unit Employees' Memorandum of Understanding.
Financial Impact:
The cost of this package:
FY 2004-05: General Fund
Non-General Fund
FY 2005-06: General Fund
Non-General Fund
FY 2006-07: General Fund
Non-General Fund
The total cost for the three-year contract:
Annual recurring cost is:
Recommendation:
1. Adopt Resolution.
$268,600
72.700
341,300
$711,000
183.700
$894,700
$1,025,300
267.600
$1,292,900
$2.528.900
$1.378.700
2. Authorize the Director of Finance to transfer $268,600 from the General Government
Non-Departmental funds to departments with General Unit General Fund employees.
3. Authorize the Director of Finance to amend Non-General Fund budgets.
Attachment: Resolution implementing Memorandum of Understanding between the City of San
Bernardino and employees in the General bargaining unit represented by the San Bernardino
Public Employees Association.
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1
Resolution NO.JOO ~r
RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN
BERNARDINO AND EMPLOYEES IN THE GENERAL BARGAINING UNIT OF THE
CITY OF SAN BERNARDINO REPRESENTED BY SAN BERNARDINO PUBLIC
EMPLOYEES ASSOCIATION.
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WHEREAS the designated representatives of the Mayor and Common Council met and
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conferred in good faith with representatives of San Bernardino Public Employees' Association
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(SBPEA) representing the General Unit employees of the City of San Bernardino, in
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accordance with the provisions of Government Code Sections 3500-3510, to agree upon a new
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Memorandum ofVnderstanding (MOV);
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WHEREAS such meetings resulted in agreement on an MOV (Exhibit A, a copy of
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which is attached hereto and incorporated herein) effective July 1, 2004, through December 31,
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2007.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
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SAN BERNARDINO, AS FOLLOWS:
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SECTION 1. Exhibit A to this resolution is hereby adopted establishing wages, hours and
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working conditions for employees in the General bargaining unit of the City of San
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Bernardino.
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III
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III
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1
RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN
BERNARDINO AND EMPLOYEES IN THE GENERAL BARGAINING UNIT OF THE
CITY OF SAN BERNARDINO REPRESENTED BY SAN BERNARDINO PUBLIC
EMPLOYEES ASSOCIATION.
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Common
6 Council of the City of San Bernardino at a
meeting thereof, held on the
day of
, 2005 by the following vote, to wit:
COUNCILMEMBERS:
ESTRADA
LONGVILLE
MC GINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
NA YES
ABSTAIN ABSENT
AYES
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
of
,2005.
Judith Valles, Mayor
City of San Bernardino
Approved as to form and
Legal content:
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JAMES F. PENMAN,
City Attorney
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25 By:
Items:Reso.Gen.UnilMOU.05
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GENERAL UNIT
EMPLOYEES
MEMORANDUM
OF
UNDERSTANDING
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Made-..enteredoInto Between
Tha.{;ity of -SaD'. Bernardino
an(i,
The San Bernardino:Public Employees' Association
JULY 1, 2004
TO
DECEMBER 31,2007
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CITY OF SAN BERNARDINO
OFFICE OF THE
DIRECTOR OF HUMAN RESOURCES
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TABLE OF CONTENTS
Article/Section
Title
Page
Resolution
No. XXXXX
Implementing a Memorandum of Understanding.............................. 5
Definition of Terms......... ....... ............................................................ 7
ARTICLE I
Section I
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
ADMINISTRATION ....................................................................... 8
Management Rights ........................................................................... 8
Employee Rights ................................................................................ 8
Contract Services ............................................................................... 9
Agency Personnel Rules .................................................................... 9
Safety Committee......... ...................................................................... 9
Labor-Management Committee ......................................................... 10
Time Off For Employee Representatives .......................................... 11
ARTICLE II
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Section 13
Section 14
EMPLOYER-EMPLOYEE RELATIONS.................................... 11
RecognitionlUnion Security............................................................... 11
No Strike..... ........ ..... ............................... ................................... ........ 12
Payroll Deduction for Union Dues .................................................... 12
Grievance Procedure ........ .................................................................. 13
Union Representation......................................................................... 15
Employee Lists................................................................................... 16
Skelly Rights .......................... .... ........................................................ 16
Non-Discrimination ........................................................................... 17
Personnel Files ................................................................................... 17
Bulletin Boards .................................................................................. 18 .
Budget Documents............................................................................. 18
Employee Orientation ........................................................................ 18
New Employee Information............................................................... 19
Mailbox .............................................................................................. 19
ARTICLE III
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
COMPENSATION .......................................................................... 19
Salaries...................... ......................................................................... 19
PERS ............................ ...................................................................... 20
Overtime ............................................................................................ 20
Higher Acting Classification Pay....................................................... 21
Classification Appeal ........................................................................ 21
Call-Back/Standby Assignment & Pay........................................._.. 22
Shift Differential................................................................................ 24
Personal Tool Replacement Allowance ............................................. 24
Fines ................................................................................................... 25
Bilingual Pay ..................................................................................... 25
Special Certification Pay......................... ...................................... ..... 26
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Article/Section
ARTICLE IV
Section 1
Section 2
Section 3
Section 4
Section 5
ARTICLE V
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Section 13
Section 14
ARTICLE VI
Section 1
Section 2
Section 3
Section 4
Section 5
ARTICLE VII
Section 1
Section 2
Section 3
Section 4
Section 5
SIGNATURE PAGE
Title
Page
FRINGE BENEFITS ........................................................................ 26
Health/Life Insurance......................................................................... 26
Uniforms, Rain Gear & Safety Equipment........................................ 28
Education Tuition Assistance ............................................................ 30
Parking Facilities ............................................................................... 33
Employee Assistance Program (EAP) ............................................... 33
LEAVES ........................................................................................... 33
V acations............................................................................................ 33
Holidays ...... ........ .................. ................ ......... .................................... 35
Sick Leave.......................................................................................... 37
Payment of Sick Leave ...................................................................... 39
Catastrophic Leave................. ............................................ ................ 40
Injury Leave ....................................................................................... 40
Leave of Absence Without Pay.......................................................... 41
Witness Leave .................................................................................... 42
Blood Donations ................................................................................ 43
Election Leave ................................................................................... 43
Military Leave.................................................................................... 43
Union President Leave....................................................................... 43
Jury Duty ........................................................................................... 44
Accumulated Leave Conversion Plan (ALP)..................................... 45
WORKING CONDITIONS ............................................................ 45
Work Periods .................................................................................... 45
Physical Examinations ..... .......................... ........................................ 46
Probationary Period .......................................................................... 46
Seniority............................................................................................. 46
Reasonable Suspicion Drug and Alcohol Testing ............................. 47
General Provisions ........................................................................... 48
Waiver Clause .................................................................................... 48
Severability ........................................................................................ 48
Printing of Memorandum of Understanding ..................................... 48
Term of Memorandum of Understanding.......................................... 49
Notice of Intent to Reopen ................................................................ 49
............................................................................................................ 50
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INDEX
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EXHIBITS
Exhibit I
Resolution No. 6413, Section Ten: General Employees
(salary increases effective 4/1/05)
Resolution No. 89-38, Employees' Time DITto Vote
City of San Bernardino Reasonable Suspicion Drug! Alcohol Testing
Procedure
Exhibit 3
Exhibit 4
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General Unit MOU
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General Unit MOU
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General Unit MOU
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Citv:
Classification:
Dav:
Exclusion:
General Unit:
Mandatory and
Permissive:
MOU:
DEFINITION OF TERMS
The City of San Bernardino
Includes titles listed in Section 10 of City Resolution No. 6413, as
amended.
As it pertains to a heliliay, sick leave day or a vacation day, one (I) "day"
equals eight (8) hours, unless othelWise specified.
Excluded from the General Unit for purposes of representation are:
classification titles designated as management/confidential, middle-
management or safety, positions established and created under federal
contract, and temporary, part-time, provisional and probationary
individuals.
Includes titles listed in Section 10 of City Resolution No. 6413, as
amended. Additional titles in the General Unit may be established by the
Mayor and Common Council. Also reference "Exclusions" above.
"Shall" is mandatory; "may" is permissive.
Memorandum of Understanding
Re2ular Full-Time An Emplovee who has been appointed to a Re2ular. Full-Time
Emplovee: position and has completed hislher probation period.
Union:
The exclusive bargaining representative for the General Unit
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General Unit MOU
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ARTICLE I - ADMINISTRATION
SECTION 1 - Management Rights
This Memorandum of Understanding (MOD) shall not be deemed to limit or curtail the
City in any way in the exercise of the rights, powers and authority, which the City had prior to
adopting this MOU, except to the extent that the provisions of this MOU specifically curtail or
limit such rights, powers and authority. Furthermore, the City retains all its exclusive rights and
authority under City Charter, ordinances, resolutions, state and federal laws and expressly and
exclusively retains its management rights, which include but are not limited to: the exclusive
right to determine the mission of its constituent departments, commissions and boards; set
standards of selection for employment promotions; direct its employees; establish and enforce
dress and grooming standards; determine the methods and means to relieve its employees from
duty because of lack of work or other lawful reasons; maintain the efficiency of governmental
operations; determine the methods, means and numbers and kinds of personnel by which
government operations are to be conducted; determine the content and intent of job
classifications; determine methods of financing; determine style and/or types of City-issued
wearing apparel, equipment or technology, means, organizational structure and size and
composition of work force and allocate and assign work by which the City operations are to be
conducted; determine and change the number of work locations, relocations and types of
operations, processes and materials to be used in carrying out all City functions, including but
not limited to the right to contract for or subcontract any work or operations of the City; assign
work to and schedule employees in accordance with requirements as determined by the City, and
establish and change work schedules and assignments upon reasonable notice; establish and
modify productivity and performance programs and standards; discharge, suspend, demote,
reprimand, withhold salary increases and benefits or otherwise discipline employees in
accordance with the applicable law; establish employee performance standards including, but not
limited to quality and quantity standards; and, carry out its mission in emergencies and exercise
complete control and discretion over its organization and the technology of performing its work.
SECTION 2 - Employee Rights
(The City ana the UBien HJ:1HuaHy agree 19 meet aae eeRfer regariliflg medifyiBg this
langl:1age peDding 186 eatesme ef tlte ~A..geBey Shell eleetiea.)
A. Employees of the City have the right to form, join and participate in the activities
of employee organizations of their own choosing for the purpose of representation on all matters
of employer-employee relations, including but not limited to: wages, hours and other terms and
conditions of employment. Employees of this City also shall have the right to refuse to join or
participate in the activities of employee organizations and shall have the right to represent
themselves. No employee shall be interfered with, intimidated, restrained, coerced or
discriminated against by the City or by employee organizations because of the exercise of these
rights.
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B. The City, through its representatives, shall meet and confer in good faith only
with representatives of formally recognized employee organizations regarding matters within the
scope of representation, including wages, hours and other terms and conditions of employment.
SECTION 3 - Contract Services
It is not the intent of the City to cause employees to lose their jobs because of a decision
to contract work. 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.
SECTION 4 - Agency Personnel Rules
It is understood and agreed that there exists within the City in written or unwritten form
certain personnel rules, policies, practices and benefits generally contained in "Civil Service
Rules and Regulations for the Classified Service"; Resolution No. 6433, as amended; Resolution
No. 10584, Establishing Uniform and Orderly Methods of Communications Between the City
and its Employees for the Purpose of Promoting Improved Employer-Employee Relations, as
amended; and, Resolution No. 10585, Adopting Rules and Regulations Relating to Employer-
Employee Relations, as amended, which documents will continue in effect, except for those
provisions modified by the Common Council in accordance with state laws, orders, regulations,
official instructions or policies. In the cases of proposed changes to the resolutions other than by
agreement, the Union shall be consulted with prior to the consideration of these changes by the
Mayor and Common Council, except in cases of emergency as defined by the Mayor and
Common Council, in which cases the Union will be consulted with as soon as possible after the
changes.
Any departmental work rules initiated,. established and promulgated by the City shall be
posted on bulletin boards ten (10) days prior to their effective date, except in emergency
situations. A copy of such rules shall be sent to the Union office. The reasonableness of any
disciplinary action taken as a result of a violation of any departmental work rule may be
determined in the grievance procedure at the employee's election. The City shall make
reasonable efforts to acquaint employees with work rules. Work rules shall be uniformly applied.
Each Department of the City, with the exception of the Police and Fire, shall provide
SBPEA with a current copy of their Departmental Work Rules on an annual basis, no later than
June 30 of each year. The Police and Fire departments will provide updates as they occur.
SECTION 5 - Safety Committee
There is established an Employee Safety and Accident Review Board and Safety
Committee in which the General Unit has membership (three (3) members). The Board will
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General Unit MOU
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review all recordable accidents (both City equipment and personal injury of City employee) and
make recommendations to the City Administrator and Director of Human Resources for all
corrective actions in establishing better job safety.
The Board wiIl improve safety communications throughout the City and review each
accident on or off City property. The Board wiIl investigate all "industrial type" accidents and
"vehicular" accidents and make recommendations on how the accident could have been
prevented. The Board is expected to establish its own rules of conduct, to elect its own officers at
the first meeting in January and keep minutes of all its meetings, findings and recommendations.
The Committee is expected to meet no less than once a month at a time agreeable to all
members. Upon completion of reviews by the Committee of accidents! incidents, the Committee
will make recommendations for corrective measures to establish safer working conditions and
may recommend disciplinary action.
It is of mutual benefit to the City and to the employee to be fully aware of and comply
with all safety rules and regulations. The City, Union and employees agree to work towards
preventing job-related injuries to employees and damage to both public and private property.
Guests and/or speakers will be allowed to attend based on advance notice to the City and
mutual agreement.
In the event a representative from either side is unable to attend a meeting, the
spokesperson from eaclt side may. with two (2) working days' notice to the other side, select an
alternate from a predesignated pool of employees. The "pool" will consist of up to three (3)
employees, whose names will be exchanged by the City and the Union each July.
The Safety Committee shall forward to the SBPEA office a copy of all minutes, fmdings
and recommendations at the conclusion of each meeting.
SECTION 6 - Labor-Management Committee
The Labor-Management Committee shall continue for the term of this MOU. Its
continuing purpose is for the discussion of common problems that are not addressed in other
existing procedures. The Union shall designate three (3) representatives to serve on the
Committee from different departments. The City shall also designate~(3) representatives to
serve on the Committee. The Committee wiIl select a chairperson who wiIl be responsible for
receiving items, establishing agendas and informing participants of the time and place of
meetings. The Committee shall normally meet at least quarterly or may meet more often if
necessary at a mutually agreed upon time and place. Recommendations shall be considered by
management. The Union wiIl provide a list of the three (3) Committee members to the Director
of Human ~esources each July.
Guests and/or speakers wiIl be allowed to attend based on advance notice to the City and
mutual agreement.
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In the event a representative from either side is unable to attend a meeting, the
spokesperson from each side may, with two (2) working days' notice to the other side, select an
alternate from a pre-designated pool of employees. The "pool" will consist of up to three (3)
employees, whose names will be exchanged by the City and the Union each July.
SECTION 7 - Time Off for Employee Representatives
The Association may designate up to ten (10) 'representatives from the Departments!
Divisions listed below to meet for one (1) hour per month on City time at the end of the City Hall
workday. The Union will submit names of employees to the Human Resources Department prior
to the first meeting. The Union will provide any changes in employee names to the Human
Resources Department prior to subsequent meetings. The time must be scheduled in advance.
Department approval is required for release time.
Following is the breakdown of employees by Department/Division:
Animal Control
City Hall
Facilities Management
Fire
Library or SBET A
Parks, Recreation &.Community Services
Refuse Division
Police
Streets Division
1
1
1
1
1
1
1
2
1
TotaL
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ARTICLE ll- EMPLOYER-EMPLOYEE RELATIONS
SECTION 1 - RecognitionlUnion Security
(The City aRa the Uaiea m\KHally agree t9 meet aRc! eaRrer Feg8fdiRg meaifyiag this
hmgaage peBtiiRg the e\:lteeme sf tke AgeBsy Seep sleetieR.)
EJ[elllsi~!e.,. fssegaitieB sf the URieR is aekmv;lleagea for the 'JJH.11*lse- ef RteeliBg ana
eeBferfiBg. eft wage&,_ asYfS 8.ft.Q iivefkiag eeRditieBs, alul sf gen6ml repFeseRtatlsR witkia the wit
of represeBtaaaH. The, lllassHillaaoa lilies of these geaeral regular BIftJlloyees ia the lHIit fer
~;.itieBtile~-Unian.ha&.heeRFeeegaizea enelasively as tHe 8xshtsive feprsseRtativ8 aFe listed BB8er
Seetioa 19 01 City Kesehitioa No. /iH>, as lH"RBftEleEl, Bl!ehuling thBfefrem: pesiaoa &BEl
eloosHeatieR titles Eleson.sEl as mMagemBfttleaftHEleatial, millElle mllflBgBmeat ar sllbsel:jlleally
so Elesigaateli BY llie City, positians estellliskes Mil ereates lIRser fesl!fai eoHlft!el, anll taese
empleyeas .JIRHa u-~nt pla~/isieaal af pooBatieaary statilS.
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The City hereby acknowledl!es that SBPEA has been and is recol!nized bv the City
as the exclusive representative for the General Unit emplovees for purposes of meetinl! and
conferrinl! on wal!es. hours. and other terms and conditions of emplovment and for all
other matters related to emplover-emplovee relations for these emplovees.
The granting of "exclusive" recognition shall not preclude employee self-representation
in matters where individual rights, protections and concerns are involved; provided, however, the
representation rights of the Union as exclusive representative shall not be compromised thereby.
If a unit member does not wish to be represented by the Union in matters pertaining to
grievances and disciplinary appeals and wishes to represent himself/herself, such member shall
be required to provide the Union and the City with a signed statement waiving the right to Union
representation in such matters.
SECTION 2 - No Strike
It is the purpose of the MOU, for the parties hereto, to confirm and maintain the spirit of
cooperation, which has existed between the City and the employees of the City. It is recognized
that any work disruptions are unproductive to City operations and services provided to its
citizens. The Union and the City agree that they shall, at no time or in any way, jeopardize the
public health, welfare and safety of the City's business and residential communities. Thus, the
Union and the City will strive to promote a harmonious relationship between the parties to this
MOU that will result in benefits to the City and will provide continuous and uninterrupted
employee services. It is. therefore, further agreed that the Union shall not, on behalf of itself and
its members, individually or collectively engage in any curtailment or restriction of work at any
time during the term of this MOU.
SECTION 3 - Payroll Deduction for Union Dues
(The City and the URieR lBIIRtelly agree te meet aRa seRrer fegaFEliRg meaifyiag this
hmguage I'efldiag the salaams efthe ",A.geaey Sasp eleetieR)
The City agrees to provide Union dues deductions for Union members only as long as the
Union remains the exclusive representative for the employees within the bargaining unit.
Conversely, no other employee organization shall be permitted dues deduction privileges for
employees within the bargaining unit. The City shall not be liable to the Union, employees or
any other person by reason of the requirements of this article for the remittance of any sum other
than that constituting actual deductions made from employee wages earned.
Dues shall be deducted from the pay of each employee who signs the authorized payroll
deduction card as a monthly sum certified to the City by the Secretary of the Union as the regular
monthly Union dues and insurance fees. The amount of dues shall be affixed to each
authorization card by the Union. A letter of authorization, signed by the Union Secretaryl
Treasurer, indicating the date of the meeting and approval of dues by the general membership,
shall constitute proof. The City will not deduct any pay for initiation fees, fines or other special
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assessments. Dues deduction shall be a specified uniform amount for each employee and any
change in the amount of dues deducted shall be by written authorization from the Union,
provided however, that the Union shows proof that the general membership has voted and
approved any change in the amount of dues. The employee's earnings must be sufficient after
other legal and required deductions are made to cover the amount of the dues checkoff
authorized. When a member in good standing of the Union is in a non-pay status for an entire
pay period, and the salary is not sufficient to cover the full withholding, no dues withholding will
be made to cover the period from future earnings, nor will the member deposit the amount with
the City, which would have been withheld if the member had been in a pay status during that
period. All other legal and required deductions have priority over employee organization dues.
Dues withheld by the City shall be transmitted to the office designated by the Union in writing at
the address specified in the letter of authorization.
All unit members who were members of the Union on June 1,2001, and those employees
who thereafter become members shall remain as members in good standing of said Union the
duration of this MOU, except as provided for in this article.
During the first full work week in June, a member may request to the Finance
Department in writing, with a copy to the Union President, to withdraw hislher authorization for
dues deduction, which shall become effective in the first payroll period in August.
The Union shall indemnify, defend and hold the City harmless against any claims made
and against any suit instituted against the City in regard to employee organization dues. In
addition, the Union shall refund to the City any amounts paid to it in error, upon presentation of
supporting evidence.
SECTION 4 - Grievance Procedure
Definition of Emolovee Grievance: A grievance is an alleged violation of the terms of the
MOU or of the laws, ordinances, resolutions concerning or affecting wages, hours or other
conditions of employment. The remedy selected by the employee shall be the exclusive remedy
pursued, either through the grievance procedure or through disciplinary appeals to the Civil
Service Board. If the employee chooses to appeal disciplinary action to the Civil Service Board,
he/she shall be precluded from filing a grievance.
Additionally, allegations of discrimination and harassment may be submitted to the Equal
Employment Officer.
As used in this procedure, the term "immediate supervisor" means the lowest level of
supervisor not within the general employee representation unit. The procedure provides a
mechanism for settling the grievance informally with the "immediate supervisor," up to and
including the Division Head.
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If this proves unsatisfactory, the grievance may be formally presented to the Department
Head or designee, the Director of Human Resources, and finally to the City Administrator who
will be the ultimate authority.
The aggrieved employee shall have the right to be represented, if he/she desires, by the
designated Union representative.
Working Dav: As used in this section, "working day'" shall refer to the employee's
working day or to the working day of the other party involved (supervisor, Division Head,
Department Head, Director of Human Resources, City Administrator and/or their designees),
depending upon whose response or action is pending.
Procedural Stens for Handling Grievances:
A. Informal: An attempt shall be made to ascertain all facts and adjust all grievances
on an informal basis between the employee and a supervisor in the employee's chain of
command, up to and including the Division Head. Presentation of the grievance must be
submitted to the Informal Step within ten (10) working days of the incident causing the
grievance or ofthe grievant's knowledge of the incident's occurrence. The date and the subject of
the incident should be provided with the request for the informal meeting. Within ten (10)
working days of the presentation of the grievance, the supervisor shall provide an oral response
to the employee. The supervisor will document (for record purposes) hislher response to the
employee in the event the grievance proceeds to the Formal level.
B. Formal:
1. If the grievance is not adjusted to the satisfaction of the employee
involved, the grievance shall be submitted in writing by the employee or hislher designated
representative to the Department Head or hislher designee within ten (10) working days from the
date ofthe oral response. The Department Head or hislher designee shall meet with the employee
and/or hislher designated representative within the next ten (10) working days of receipt of the
written grievance and shall deliver hislher answer in writing to the employee within ten (10)
working days after the meeting.
2. If the grievance is still not adjusted, the aggrieved party may file a written
appeal with the Director of Human Resources within ten (10) working days from the date of
delivery of said answer. The Director of Human Resources or hislher designee shall meet with
the employee, and if the employee desires, the designated Union representative, within ten (10)
working days after receipt of the appeal and shall deliver 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 or hislher designated representative within ten (10) working
days from the date of delivery of said answer.
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The City Administrator or hislher designated representative shall deliver
hislher answer in writing within ten (10) working days after receipt of the appeal.
4. The decision of the City Administrator or hislher designated representative
is final and binding on all parties, unless reversed by a court decision.
5. All grievances shall be treated as confidential, and no publicity shall be
given the final resolution of the grievance.
C. Time Limits: Any grievance not answered by the City within the specified time
limit listed above shall be deemed settled on the basis of the Union's original demand. Likewise,
any specified adjustment not appealed by the employee or hislher designated representative
within the specified time limits listed above shall be deemed settled on the basis of the last City
official's answer. Time lines as above may be extended by mutual agreement only.
D. Consolidation of Grievances: In order to avoid the necessity of processing
numerous similar grievances at one time, a single "class" grievance may be filed as long as the
grievances are from employees within a single department. The City also has the right to
consolidate responses to such grievances. If the grievant is a group of three (3) or more
employees within a department, the group shall appoint one (I) or two (2) employees who signed
the grievance to speak for the collective group throughout the grievance process.
SECTION 5 - Union Representation
When requested by an employee, a steward may represent an employee in a grievance, as
defined in ArticldI, Section 4, Grie.vancd!rocedure. The steward representing an employee in a
grievance proceeding shall be allowed reasonable time during working hours for such purposes
without loss of time or pay, with two (2) working days' advance written notice to. and with the
approval of, the immediate supervisor, who shall notify and obtain the concurrence of the
Division or Department Head. Approval to investigate and process a grievance will not be
unreasonably withheld.
The privilege of stewards to leave their work during working hours without loss of time
or pay is subject to the understanding that time will be devoted to the proper handling of
grievances within the unit of representation, will conform to department work rules and will not
be abused. Stewards will perform their regularly assigned work at all times, except when
necessary to leave their work to handle grievances as provided herein.
A steward will not be granted time ofT nor compensation for the purpose of handling
grievances outside the unit of representation, which the Union has been exclusively recognized
within the City. A steward may be allowed leave of absence without pay by the Mayor and
Common Council to attend Union training courses and Union conventions if the Department
Head concurs.
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A ratio of one (1) steward for every fifty (50) pennanent employees in the unit shall be
recognized by the City. Any substantiated abuse of the privileges accorded stewards with regard
to reasonable time off and compliance with the requests of his/her immediate supervisor, or
conflicts which arise between duty requirements and the handling of grievances, may be cause to
suspend this privilege, and both parties will caU an immediate special consultation between the
City Administrator or his/her designated representative to resolve the problem. Punitive action
shall not be taken against employees for perfonning their duties as stewards. The Union shall
furnish the Director of Human Resources with an up-to-date steward list each quarter including
names of stewards and work locations. Changes other than on the quarterly lists will not be
recognized by the City, other than for a steward who has left the bargaining unit or City
employment.
SECTION 6 - Employee Lists
The City agrees to provide the Union with a list of names of the General Unit by City
department, every six (6) months, beginning in January of each year.
SECTION 7 - Skelly Rights
It is mutually agreed that the City subscribes to the concept and application of
progressive discipline. Discipline shall be imposed upon an employee only for just cause.
If the employer has reason to reprimand an employee, it shall be done in a mllnrrer that
will not embarrass the employee before other employees or the public.
When an action for suspension or tennination has been taken, subject to appeal, the
employee will be apprised of the action, the reason therefore, and will be provided with a copy of
the charges including material on which the action was based. Employees have the right to Union
representation as provided under Government Code Section 3500 et seq. (Meyers-Milias-Brown
Act).
A. The employee shall receive advance notice of the proposed disciplinary action.
Reasonable advance notice shall be provided to the employee.
B. The. notice. must "ontain the reasons and the charges upon which the proposed
action is based.
C. The notice must also contain a statement of the events or circumstances upon
which the action is based.
D. The employee must be given the materials, if any, upon which the action is based.
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E. The employee shall have the right to respond either orally or in writing within five
(5) working days of receipt of Skelly package to the appointing authority (Department
HeadlDivision Head) imposing the discipline.
F. The disciplinary procedure should be used for all serious disciplinary actions,
which are normally considered (1) demotions; (2) discharges; (3) reductions in pay; and, (4)
suspensIons.
SECTION 8 - Non-Discrimination
The City and the Union agree that there shall be no discrimination against employees
within the bargaining unit because of race, color, creed, religion, national origin, sex, age,
marital status or Union membership. Union membership also includes Union activities.
Further, there shall be no discrimination against qualified individuals with disabilities as
defined by the Americans with Disabilities Act (ADA) of 1990, when those individuals do not
pose a risk to the health or safety of themselves or others. The ADA expressly identifies
reassignment to a vacant position as one form of reasonable accommodation.
SECTION 9 - Personnel Files
o A. The Human Resources Department shall keep and maintain an official personnel
file for employees, which shall contain information relative to the employee. No other files,
records or notations shall be official except as may be prepared or used by the City or its counsel
in the course of preparation for any pending case, such as the Department of Fair Employment
and Housing or Civil Service matter or grievance.
B. An employee's department may maintain a file pertaining to an employee, which
shall contain job-related information only. It shall be the supervisor's responsibility to inform the
employee, with a copy thereof, of any detrimental material in the file that may affect the
employee's performance evaluation. An employee may grieve over the factuality of, or propriety
of, any material in such file. Such files shall be confidential. Both the City and the Union agree
that an employee's failure to challenge any material in such file does not justifY the conclusion
that the employee is in agreement with any such materials. Such files shall not contain a copy of
any disciplinary action against an employee.
C. Employees and/or their authorized representatives, if authorized by the employee,
shall have the right upon written request to review the contents of their official personnel files
and department files. Such review may be made during working hours with no loss of pay for
time spent, and the employee may be accompanied by hislher authorized representative if he/she
so wishes. Reasonable requests to copy documents in the files shall be honored.
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D. A copy of any disciplinary action or material related to employee performance,
which is placed in the personnel file, shall be served upon the employee (the employee so noting
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receipt), or sent by certified mail (return receipt requested) to hislher last address appearing on
the records of the City. It is the obligation of each employee to provide the City with hislher
current address.
E. A full-time, permanent employee shall have thirty (30) working days in which to
file a written response to an employee performance evaluation entered in his or her personnel
file. Such written response shall be attached to the employee performance evaluation. The thirty
(30) working days will commence with the date the employee receives the evaluation for
signature.
The Human Resources Department will distribute to all City departments a
memorandum explaining employee performance evaluation response procedures for General
Unit employees.
F. Employees may request that any documents contained in the file of a derogatory
nature will be purged from their files after a period of twenty-four (24) months and no further
actions have occurred similar in nature. The department head shall review such request and will
have final say on what will be purged.
SECTION 10 - Bulletin Boards
The City will provide adequate space on bulletin boards in each department/division for
the purpose of the Union posting notice of pertinent Union business. The Union agrees that
nothing libelous, obscene, defamatory or of a partisan political nature shall be posted. In the
event that there is a dispute arising out of the pertinence of any literature the Union chooses to
post, the City Administrator or hislher designated representative and a Union representative will
meet as soon as possible to resolve the problem.
SECTION 11 - Budget Documents
The City agrees to provide the Union at no cost one (l) copy of the annual financial
report, preliminary budget, final budget and resolutions or ordinances as requested by the Union.
SECTION 12 - Employee Orientation
The City will distribute the Memorandum of Understanding, or contract term and
conditions, as part of the employee orientation program conducted by the City for new
employees. The City will allow the union to make a presentation at employee orientations.
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SECTION 13 - New Employee Information
Once per month, the Human Resources Department will furnish the Union with
information on new General Unit employees, excluding their home addresses. Data will include
name, title, department, department phone number and date of hire. Data will not be provided
until at least ten (10) working days following approval of the appointment by the Mayor and
Common Council.
SECTION 14 - Mailbox
The City will offer a mail slot for the General Unit in the mailroom area City established
for City departments.
ARTICLE III - COMPENSATION
SECTION 1 - Salaries
Salaries are per Resolution No. 6413, Section Ten, as amended by the Mayor and
Common Council.
Bffeetj.:e tlte falleYfing J:'ayrell after CeHHsil appFe..~al sf tfie MOO, empleyees ill the
Cmeml Unit willee aejastea &em ~eir GliFfeR! salar! f8flges and stSf's t8 tHe Be~.! fBIlges and
steps as set feFtlt ill the ClassiiisatieB BREI CempeBsatieB Study feeei./ea 8flQ filed BY the J.4:wyer
ana CammeR CSl:lRsil iB ~4arelt ef2QQI. Fer implemef1tatiea J31:HfJ9se sBly, step plaeemeftt ..vill
Be HaMes! dellar tltat j3Fe./iEles a feeT pefseHt (~~{,) salary aEljl:lstmeBt llsiag a eRe fJ8f68Bt (1 ~<')
salary seale. The aBly eneeJJtisa \9/sHld he 8B empleyee 911ft9Se B8"\' F8.Bge v:S1:lIEl Bet aHev-: a feM
pefeeRt (4~<') adj1!&BfieBt, ia .xlHeh ease the empleyee .::81:118 Be plaaee at teJ:1 step sf ~ ae9.v
fIIflg&.-
SHhs8E1li8al steJ' iasf8as8s, hased 6n eHfTeBt step iBsrease sates, \'''lill fe'":eft ta tHe SHHeat
fi'"'e peFeeBt (5~<') iBefease v.itkiB the assigRed fiHlge, emf31eyees V/Bese ftlftge \'"lill Bet sappeR 8
~'"'e pereeat (5~<') iRerease ';;ill feeei'"'e less than fi.;e pefeeBt (5%.).
Effective JllffiIlIt)' 1, 2993, April 1. 2005. a fsur Jlersefll (1%.) one-and-one-half
percent (1.5%) Cost-of-Living Adjustment (COLA) will be given. This COLA will result in the
entire pay scale moving upward by Calif JlereeBt (1%-) one-and-one-half percent (1.5%).
Effective January I, ~ 2006, a tllree pereeHl (3%) one percent (1 %) Cost-of-Living
Adjustment (COLA) will be given. This COLA will result in the entire pay scale moving upward
by three pereent (3%.) one percent (I %).
Each member of the General Unit will receive a si!minl! bonus of $140 on the first
available pavroll check followinl! approval of this MOU bv the Mavor and Common
Council. Bonus is subiect to state and federal taxes.
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The City. at its expense. al!rees to conduct a classification and compensation studv
of positions in the General Unit. The City further al!rees that the studv will be completed
on or about September 1. 2007.
SECTION 2 - PERS
For any employee hired on or after January 1, 1998, the City will pay five percent (5%)
of the seven percent (7%) members' contribution to PERS credited to the employee's account as a
fringe benefit. Upon said employees completing five (5) years of service, the City will pay two
percent (2%) additional of the members' contribution to PERS credited to the employee's account
as a fringe benefit on the first pay period of the sixth year of service.
The City contracts with PERS for employees' retirement benefits. General Unit
employees are normally eligible for "Service Retirement" once they reach age 50 and have five
(5) years ofPERS-credited service. There is no compulsory retirement age for employees, such
as General Unit employees, who are local miscellaneous members ofPERS.
Employees inquiring about exceptions or about disability retirement should contact the
City Human Resources Department or a PERS Area or Field Office.
The City will pay the employer contribution for the Fourth Level 1959 Survivors'
Benefit.
The City has amended its PERS contract to provide the 2% @ 55 retirement benefit, with
the cost associated with this amendment bome by the City.
SECTION 3 - Overtime
All employees in the General Unit (exempt as well as non-exempt) will receive overtime
based on the requirements of the Fair Labor Standards Act (FLSA).
Overtime work shall not be authorized unless the employee has obtained the prior
approval of hislher Department Head or designated Division Head. Emergency overtime work
may be authorized by the employee's supervisor without such prior approval, if obtained at the
earliest possible time after the performance of emergency work.
In instances where standby and call-back work is required and directed, it shall be
regulated by, and paid in accordance with, the provisions contained in Article III, Section 5.
Comoensatorv 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
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time balance will appear an the emplo.yee's paycheck. Department Head approval will be
required in o.rder far emplo.yees to. use time fro.m the co.mpensato.ry time bank.
Once an emplo.yee's co.mpensato.ry time bank reaches eighty (80) ho.urs, the emplo.yee
will be paid far all subsequent o.vertime wo.rked. By the end o.f June 30 each fiseal year, an
emplo.yee's co.mpensato.ry time bank must be reduced to. fo.rty (40) ho.urs. Any ho.urs in the
co.mpensato.ry time bank in excess o.f fo.rty (40) ho.urs as o.f as o.f June 30 o.f each year will be
paid at the emplo.yee's regular rate o.f pay, and will be included an the first paycheck in
December (December 15).
If the emplo.yee terminates emplo.yment o.r if the emplo.yee is promo.ted to. a po.sitio.n in
the City, the co.mpensato.ry time bank will be paid o.ff at the then current rate o.f pay.
SECTION 4 - Higher Acting Classification Pay
Upo.n appro.val by the City Administrato.r, a Department/Divisio.n Head may assign o.r
reassign a qualified unit emplo.yee to. discharge the duties o.f a higher classificatio.n when a
po.sitio.n is vacant o.r in the absence o.fthe incumbent.
An emplo.yee so. assigned in writing by the Department/Divisio.n Head, with the approval
o.f the City Administrato.r, shall receive acting duty pay starting an the sixth co.nsecutive day o.f
each acting duty assignment. No. acting duty pay will be paid far the first five (5) days o.f each
acting duty assignment, except fur tho.se: emp.loye:e:s.who. can:, prove that they ha.ve $CfVed a..to.tal
o.ftwenty (20) days in a highe:r-actingclassificatioJr.dwil1!;cllte pie.io.ns twenty-four(24}1IlOIIths:.
based upo.n their o.fficial Human ResourcesJlepartment reco~ The entire perio.d o.f assignment
at the higher classificatio.n, including the initial.wo.rk demo.nstratio.n perio.d, may no.t exceed sixty
(60) wo.rking days, except by the-mutua1 agreement at: the City and the emplo.yee.
Effeetive "Nil!!. the signiag efl!!.8cBeVJ eeltfts.streEplplo.yeesin the.classifICation o.fRefuse.
W o.rker I, II and. III assigned to. a higher acting positio.n will be eligible far higher-acting pay
fro.m the first day.
An emplo.yee assigned to. wo.rk in a higher classificatio.n an an acting basis shall receive
at least five percent (5%) abo.ve hislher current base rate o.fpay.
The City will no.t circumvent the intent o.f ~ aIticl~ by usinj} vario.us employees to
thwart the intentio.n o.f this article.
SECTl()N.S-~€lassificatioft" Appeal
Emplo.yees who. believe they are perf arming duties o.f a higher level o.utside o.f their
current classificatio.n, and who. believe they have been unable to. reso.lve the situatio.n
satisfacto.rily, shall have the right to. appeal their issue via the current grievance procedure
(Article II, Sectio.n 4).
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SECTION 6 - Call-Back/Standby Assignment & Pay
An employee who is free to engage in hislher own pursuits while off duty, subject only to
carrying a beeper or to the understanding that the employee leave word at hislher home or the
with the Department Head or designee) where helshe can be reached, is not working while on
standby. If called back, the employee shall be paid for the time actually worked in accordance
with Article III, Section 3.
If a Department Head places an employee on standby, defined as the employee being in a
state of readiness and immediate availability to come to work outside of their normal work hours,
the Union and the City hereby agree that the following is compensation in full for the hours of
work of the employee when in such standby status:
Standbv Status
Hrs Compensated
For the employee's five (5) work days
during their work week (or prorate at 1.0)
5 work hours
For the employee's two (2) non-work days
during their work week (or pro rate at 2.5)
5 work hours
OR,
For all seven (7) days during a work
week
10 work hours
AND,
For any holiday, as described in this MOU,
during which the employee stands by for all
or any portion of the 24 hour day
1 extra work hour
per holiday - added
to the above
The hours described above will be treated as time worked and paid at the rate of time-
and-one-half (1-112). This amount will be paid, in addition to compensation for actual time
worked, when the employee is called to work from standby status. The time worked shall also be
paid at the rate of time-and-one-half (1-1/2). Employees of the Animal Control Division assigned
to standby status shall be compensated at the rate of two (2) hours pay per day for such status.
General Unit Call-Back Pay: An employee cannot be in standby status and call-back
status at the same time.
Employees not formally assigned to standby status may still be called back to work. If
reached by their supervisor and called back to work, the employee will be paid for actual hours
of work at the FLSA overtime rate of time-and -one-half (1-1/2) unless the employee has worked
less than forty (40) hours in the work week due to use of paid or unpaid sick time. In such cases
employee will be paid straight time. Department Heads may, however, pay at the overtime rate
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of time-and-one half (1/2) regardless of sick time taken in unusual circumstances at their
discretion. An employee called back to work shall be paid for a minimum of one-and-a-half (1-
1/2) hours of work.
The General Unit employees covered by this MOU are not so severely restricted in their
activities while in standby status as to be "working while 'on call''' as that term is used in the Fair
Labor Standards Act 29 CFR 785.17.
Departments and Divisions, which utilize call-back/standby will prepare a qualified list of
employees. DepartmentlDivision Heads will consider the following factors in establishing and
maintaining call-back and standby lists: employee seniority; special qualifications; skills; and/or,
voluntary work assignments.
For Departments and Divisions assigning call-back and standby on a rotation basis, only
the employee who appears first on the list may reject an assignment to call-back or standby.
Rejecting an assignment will automatically place the first employee at the bottom of the list. The
employee listed next must take the assignment.
Departments and Divisions may use procedures that vary from the above, if the
procedures are: (I) consistent with DepartmentlDivision work rules; or, (2) implemented result
of an emergency situation.
Emplovee Court Subpoena Time: All City employees appearing in court on their day off
for a work-related court subpoena will receive compensation for the actual time spent in court,
with a three (3) hour minimum. Additionally, employees will receive one-half (1/2) hour travel
time for going to court. Employees will be reimbursed for all parking fees associated with the
court appearance.
In the event an employee is placed on standby on their day off for a work-related court
subpoena, the employee will receive three (3) hours standby pay for each day on a standby
status.
For morning standby subpoenas where employees are called to court and do not go
beyond 12:00 p.m. on that day, total compensation will consist of the three (3) hours standby
along with one-half (1/2) hour of travel time. If employees have to appear in court after the noon
recess, the actual additional time along with one-half (1/2) hour of travel time will be added to
the three (3) hours standby. In cases where the subpoena is for 1:30 p.m. or another time, the
standby will start with the time stated on the subpoena.
All court-related compensation will be paid as time worked and at the appropriate straight
time, or where applicable, at the FLSA overtime rate. Such compensation is in addition to
compensation for any prior time actually worked pursuant to such subpoena.
It is hereby agreed by and between the parties hereto that the General Unit employees
covered by this provision are not so severely restricted in their activities while on standby status
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as to be "working while 'on caU'," as that term is used in the Fair Labor Standards Act 29 CFR
785.17.
SECTION 7 - Shift Differential
Unit employees assigned to the Communications Division, Identification Bureau, Patrol
and Police Records within the Police Department, and the garage within the Public Services
Department, shall receive the following pay differential in addition to their 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) shaU receive $65 per month extra for all hours actually worked
during such assignment; or,
B. An employee assigned to the graveyard shift (normal start and end time of 12
midnight to 8:00 a.m., respectively) shall receive $100 per month extra for all hours actually
worked during such assignment.
C. Any employee who is permanently assigned to the swing or graveyard shift will
receive the additional monthly pay. The additional pay will only begin and end on the 15t and the
16th of the month. Whenever permanent swing or graveyard shift employees work overtime on
another shift, their hourly pay wiU include the additional monthly pay.
D. Any non-swing/graveyard shift employees who work overtime in a swing or
graveyard shift will only be paid at the regular rate of pay (no additional differential pay).
E. The Departments, by memo, will inform Payroll which employees are
permanently assigned to swing and graveyard shifts and should receive the additional monthly
pay. Permanent is defined as working thirty (30) days or more.
SECTION 8 - Personal Tool Replacement Allowance
The City shall provide a tool replacement aUowance for damaged, lost or stolen personal
tools in an amount not to exceed $350 per year, per employee. Only those employees in the
following position classifications shall be entitled to such allowance:
DeoartmentlDivision
Classification( s)
1. Fleet Division
2. Engineering
3. Facilities Management Division
Mechanics & Lead Worker
Traffic Signal Electricians
Maintenance Personnel
(includes Plumbers) &
Electricians I & II
Mechanics
4. Fire Department-Maintenance Shop
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The City will provide insurance coverage for Fleet and Fire Equipment Mechanic
employee tools, if the entire toolbox is stolen from the City property.
Claims against the above tool replacement allowance shall be honored provided when:
(1) the personal tools had been required by the City; (2) the tool had been marked and
inventoried by the employee; (3) a report of such inventory had been filed with the Department
Head; and, (4) said tools had been properly maintained. Tools stolen or damaged through no
fault of the employee will be replaced by the employee and reimbursement thereof will be made
by the City, after submission of an appropriate City form accompanied by an approved invoice or
receipt. Requests shall be submitted semi-annually, in June and December, or upon termination
of the employee from City service for any reason. Damaged tools, which are replaced through
reimbursement by the City as above shall be turned in to the Department Head and shall become
the property of the City.
During the term of this MOU, all newly-employed mechanic personnel in the Fire
Department and Fleet Division, who may be required by their Department Head to purchase
personal metric tools in order to effectively accomplish work assignments, shall be eligible to
receive a one-time tool purchase allowance not to exceed $100 to assist in making such purchase.
SECTION 9 -Fines
The City shall pay for court fines imposed upon any permanent Employee within the unit
of representation as a result of hislher conviction of a violation as a result of being directed to
operate any faulty vehicle or equipment, where such fault is the proximate cause ofthe violation.
SECTION 10 - Bilingual Pay
General Unit employees, as designated by the City Administrator and who meet the
certification and eligibility requirements as developed by the City, shall be compensated at the
rate of fifty dollars ($50) per month. The duties of the employee receiving bilingual pay may be
reviewed annua1Iy to determine that bilingual duties assigned to an employee are being
performed on a regular and frequent basis. The designated employees may be tested annually for
certification and recertification.
Not more than t.....ellty (29) forty (40) General Unit employees may be designated to
receive bilingual pay. The City Administrator or designee will retain the right to select the
w:eaty (29) forty (40) eligible employees and to determine the departments where use of
employee bilingual skills would be best served. The City shall reserve the right to determine
languages for which testing will be conducted.
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SECTION 11 - Special Certification Pay
Bffeeti'/e JllIIlIary I, 2992, e Employees in the following classifications:
. Code Compliance Officers; Equipment Mechanics; Animal Control Officers; City
Clerk Business License Checkers
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
. ASE designation of Master Certified Mechanic
. Fire Mechanic Level II
. NACA (3) Certificates
. Certified Revenue Officer
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.
ARTICLE IV - FRINGE BENEFITS
SE€1'lf>N 1 - HealthlLife Insurance
A. /',5 of JllII~' I, 2992, the City will eeetrilnHe:
..\11 adSitieaal $€iSJmeHtk te\vaMs haalta fJFemiHffis fer liRit eHlfJleyees \9:fie eBfell
iR meaieal fJlans y:ith ~leyee PIHS ORe aT ~fere Depefldeftts. The ${j5,~eBtR y:ill result ia an
inerease t8 a flat rate ef$400/m..8Rth;
..^.. gat Me sf $2{j5.~eBth te":.f8f6s the plH'ekase sf Bealta eare premilHBs fer
HB~leyee \"/itk ~Je DepsBdeBts.n If 9aRllg tke damtieR sf this eefttrilst the pfemi1:lllls fer the
Kaiser SeatB eeverage fer elHJ31eyee -;/itk Be aepsadeats ei[eeeEls $265,~88th tae City agees t9
Fee}:l8a the esatFaet to diss1:lsS iRsreasiBg this eeaeHt.
Effective Januarr 1.2004. the City will contribute:
. $265.00 oer month towards the ourchase of health care oremiums for
"Emolovee With No Deoendents."
. $400.00 oer month towards the ourchase of health care premiums for
"Emolovee Plus One or More Deoendents."
Effective January 1.2005. the City will contribute:
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. $295.00 per month towards the purchase of health care premiums for
"Employee With No Dependents."
. $445.00 per month towards the purchase of health care premiums for
"Employee Plus One or More Dependents."
Employees with health care premiums exceedinl! the 2004 health care
contribution amount durin!! the months of Januarv. Februarv. and March 2005 will be
reimbursed for out-of-pocket premium not to exceed the 2005 health insurance
contribution amount. Reimbursements will be made on the first ayailable payroll check
followin!! approyal of this MOD by the Mayor and Common Council.
Effectiye Januarv 1. 2006. the City will contribute:
. $327.00 per month towards the purchase of health care premiums for
"Employee With No Dependents."
. $477.00 per month towards the purchase of health care premiums for
"Employee Plus One or More Dependents."
Effectiye Januarv 1. 2007. the City will contribute:
. $359.00 per month towards the purchase of health care premiums for
"Employee With No Dependents."
. $509.00 per month towards the purchase of health care premiums for.
"Employee Plus One or More Dependents."
Insurance benefits available for purchase by employees include medical, dental,
vision, life, long-term disability and accidental death and dismemberment, as made available
through the City. Any contributions not utilized by an employee shall revert to the City.
B. An employee must purchase medical insurance offered through the City in order
to utilize the contribution described in subsection A.
C. The City shall contribute a H1l1lliHllHR ef5illtecB aellllfS ($ Hi) the PERS adopted
schedule amount (currently $48.40) per month per retired employee to be used exclusively for
the purchase of medical insurance benefits.
D. City contributions not utilized by an employee revert to the City.
E. Cafeteria monies may be redesignated or a change of plans may be made in
accordance with the rules established by the insurance plan selected by the employee. Plan
additions and drops are permitted in accordance with the rules established by the plans selected
by the employee.
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F. An employee may not add another City employee as a dependent or be added to
another City employee's City health plan as a dependent, in order to receive "double coverage."
G. The City shall provide each employee with $25,000 Accidental Death and
Dismemberment (AD&D) plan insurance 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.
H. Each member of the bargaining unit is eligible to participate in a City-sponsored
program of annual cholesterol checks and dietary counseling.
1. All employees shall participate in the City-sponsored Long- Term-Disability
(LTD) insurance plan. The City will pay one hundred percent (100%) of the LTD insurance plan
premium for employees during the length ofthis contract.
SECTION 2 - Uniforms, Rain Gear & Safety Equipment
A. The City shall provide uniforms for the following position classifications:
1.
Animal Control Division:
Animal Control Officer
Registered Veterinary Technician
Animal Shelter Attendant
Senior Animal License Checker
2.
Cemetery:
Park Maintenance Worker II
Park Maintenance Worker III
3. Engineering Division:
Traffic Signal Electrician
Maintenance Worker I and II and
Lead Maintenance Workers assigned to Signing & Striping
Electrician I and II assigned to Street Lighting
4.
Facilities Management Division:
Custodian
Electrician II
Electrical & HV AC Mechanic
Maintenance Plumber II
Parking Control Checker
Storekeeper
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5.
Parks. Recreation & Communitv Services:
Maintenance Plumber II
Parks Maintenance Lead Worker
Parks Maintenance Workers I, II & III
Park Proj ects Coordinator
Landscape Inspector II
6. Police & Fire General EmDlovees: .
All permanent personnel in the bargaining unit as designated by the
appropriate Chief.
7. Public Services DeoartmentIFleet Division:
All full-time, general unit employees assigned to work on vehicle and
equipment will receive uniforms.
8. Public Services Deoartment/Refuse Division:
All full-time, general unit employees assigned to collect solid waste will
receive uniforms.
9.
Public Services Deoarlment/Street Division:
All full-time, general unit employees assigned to field operations will
receive uniforms.
B. The City shall make appropriate rain gear available for Refuse Operators,
Cemetery personnel, Facilities Management Maintenance personnel, Animal Control personnel,
Parking Control Checkers, Traffic Signal Electricians of the Engineering Division, field
Community Service Representatives in the Police Department and those personnel in the Street
Division and Parks, Recreation & Community Services Department who may be required to
work in inclement weather. At least ten (10) sets of rain gear shall be maintained and made
available on loan as needed to employees in the Fleet and Engineering Divisions.
C. The City shall provide uniforms to any employee required to wear a uniform.
D. The City shall purchase uniform shorts for use as part of the uniform. Each
department will establish guidelines for wearing shorts and employees will not be allowed to
wear shorts when performing activities that may create a safety hazard.
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SECTION 3 - Education Tuition Assistance
A. Puroose: The education tuition assistance program has been established to
encourage the employees of the City to take college courses and special training courses, which
will better enable them to perform their present duties and prepare them for increased
responsibilities and to provide financial assistance to eligible employees for education and
training.
B. Procedures: Empleyees will sailmit eepieG ef their IIjlpfB"lerl IIflplieatialls te the
Human ReSa\H'S6S DepaHHieBt aeeeFdiBg t8 City pellieies aad pfeeeehlf8s. BHlJ31eyees IBlist
iashu:ie efHeial tlerifieatieR sf their MaaI graaes vlitk 8pIUEJfniate feeeiJ1ts fer tuitieB 885m. These
t:;ill Be retuFRetl 18 6mpleyees 1:If'8R reElH8St. ~A.pplieatieRs Bet sa9lBittea 18 the Hlfffian Res8\:1fees
DeJ3artmeat 8eeeraiBg t9 City pelieies fells'.viag eempletiea sEthe ee\:lfSe 8e68me veid.
1. To be eli!!ible for tuition reimbursement employees must complete an
"Education Reimbursement Form" prior to the start date of the
course and submit it to his/her Department Head for advanced
approval.
2.
When approved and si!!ned by the Department Head. the form will be
forwarded to Human Resources for review and verification of
availability of bud!!eted funds. If approved. the forms will be returned
to the employee to maintain until the completion of the course.
3. The employee will submit his/her copy of the pre-approved
application for reimbursement within sixty (60) calendar days of the
completion of the course. A COpy of the final !!rade and the
appropriate receipts for tuition and textbooks must be attached for
reimbursement. If obiective ratin!!s are not rendered for a specific
course. then a certificate of successful completion must be submitted.
Applications not submitted to the Human Resources Department
within the established time frame follow in!! the completion of the
course become void.
4. Once all paperwork has been forwarded to Human Resources for
reimbursement and HR has determined that it is in compliance with
the outlined conditions it will be forwarded to Finance for payment.
5. Reimbursement is not authorized for courses for which the employee
is receivin!! financial assistance from other sources such as the GI Bill.
scholarships. and similar sources.
c. Elil!ibilitv:
1. ..A~plieatieBs fer mitisa Feimearsemeat OJ/ill Be esasiElerea aBly fFem &11
tim.e, regular empleyees ,,418 luwe eempleted pf98atiea.
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2. ReimeHFSelBeat is Bet akttkerized fer eSl:lfSeS fer \vhiek ~e empleyee is
reeei9,iag HBanei&l assistaase Rem. ether S8arees SHSH as tHe OJ Rill, sekelarski~s and similar
S8\:H'Ses.
3. ,A~plieatieRs ~::ill Be apprevea aBly fer ee1:lFSeS air.eetly related t8 the
emfJleyee's jaB aT direetly related t8 a pr:emetisBaI pssitiea iB tRe emfJleyee's jel3 af aireetly
related t8 a pfsmetisBal }:l8sitisa ia the empleyee's eesHl'8tisaal speeialty.
4. CSl:J:fses Bet estensiely related t8 tRe empleyee's jaB, Bat ':lbisk Bfe
reEfRirea t8 Elt:talify fer a sages that is direetly related 18 hisAier jaB may Be feimetifs8ele aBly
after all reElHireti eesl:lflatisRally related S8HfSes kw:e seeR eempleted. (fer eJ[aJBfJle, a Fife
Eilgiaser is a eandidate fer an .A~ '\ degree ia Fife SeisHas ana has eempleted all a8YfSe 9."/srh:
direetly related t8 Hr-e s1:1p}UeSSieB amiss. A e9afSe ia .:'.msnean kistery is FefJ1:lirea fer lfle
aegree. The kistel)' e81:lfSe may EJ.1:la]ify fer t1:litiea reimlnlfSeffieBt eeeaase 188 degree is related t8
the effijlleyee's jeb.)
5. ..A..ppfe"/al 'viII Be limited t9 e8lifses gi-:eH by aeer-eaited eallegas ana
1:1f.li-:efsities, eity ealIegas ar &8.1:1]t esaeati8B eellFSes lHlder tile spBBsefSfiil' sf the BeMa sf
BdaeaaeB. ~Je mai] BRier eSlH'ses \"Jill Be appre-led. '.Verksfieps, semH=t8.fS, eeafereaees ana
simi]8f aeti",itias Ret iseatifiahle as B feRBal eearse sf iastRletieB -;,,~tIHR tRa FeeegmlZled
edueatieBal ifmtitatieB de Bet fall -;:itkiB the pan'ie:'.v ef tRis pregf8fB, Bllt may he aatkBFiced. and
Hiluled by tile a8J!ad~ueat HfJBR apPFe",al Bftke City ..\dministmter.
To be eli&ible for tuition reimbursement an emnlovee_must:
1. ~ considered a full time. rCl!ular emolovee.- who hill! comnl$.lL
Drobation.
2. Earoll in courses. that are directlv related- to< th&o enmlDveefSc. ielJ"QIt
directlv related to a promotional position;
3. Enroll in courses that are required to Quali(v for a detrree" that is
related to the emplovee's iob.
4. Enroll in courses l!iven bv accredited collCl!es. universities. or adult
education courses under the sponsorship of tire Boant-of Edu"aticm.
5. No mail-order courses will be approved.
Workshops. seminars. conferences. and similar activities not identifiable as a.
formal course-of instruction within the recol!nized educational institution do not fall within
the PDn'iew of this proeram.
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D.
Reimbursement:
1. ReiHlB\lfSeRleflt -:fill lJe fer the east car t.1iitiea aT regisa:atieB fees 98 tae
re€iHireEl teuteeelc( s) fer saek eellfSe, sa9j €let 19 the limits fe1:lR6 ia this miele. ..A",Elditisaal
ButleRse saeft as meals ana parkiag fees are 8et reimlnlfsaele. The Direeter efHWB8B ReS8l:H'eeS
vlill FeSeffifBeaEl 8flJ3fs-:al aT aisappfl3val eased 8ft the a-:ailahility sf lnu:tgetea faRes fer
reC:lustieB taitisa assistanee.
2. Cests fer rellllireEl te)(ts are eligillle fer fifty !lereeffi (59%) reilHllllfSemeat.
The cHIJlleyee ma.y retaia the Ileeks.
3. THitisa aT Fegistfatisa aeBis arty/eaty Hve sellars ($25) aT less are eligiBle
fer eRe Bl:ffiElfeEl pereent (1 90~<') reimlnirsemeat. TaitisB aests iB eneess sf t\.;eaty five EleRBfS
($25) are eligillle fer seveRty five !lElfceRt (7~W.) reimllllf5emelll.
4. 1faKiHUllR taitieB and heel, r.eiRHH:lFSemeBt per semester is eHe lUlRarea
1?\yeBty five ElellaFs ($125). 8l::1lt1mef sassieR sHall he eal:lIHeel 8S a sefl8fate t1sem.ester" fer
fH:lFfJ8ses sf tRis flre'"lisieB.
5. EHlJ3leyees shall he limited fer pllIJ'eses sf witieR reimearsemeBt te a
HUHtimum srB::e (2) esllegiate le9.~81 eeHfSes erRet Hiere thafl a teta! FH:lIH9er efl:lBits e~i9/a!eBt
te Sill (6) semester lIaits !ler semester. ORe (1) IIl1mer IIIlit shall ellllal w:e thires (2/3) efelle (1)
semester Hait.
~. Prier ts reeei9/iRg feimlnll=semeRt, emplsj ses Hll:l6t s\i\3lBit deslifRefttary
!,reef sf tfieir Baal gmaes. If ehjeeti9'8 r-atiags are flet reBaer-ea fer a SJJesiiie eeHfSe, tileR a
eertifieate sf sl::lseessful eempletieR HUlst he saem.ittea.
:. 'ghaR 8ft efRJ'leyee is re~Hirea 13)" kistker Dep~lu..eat Head te aUeaa a
partisHlar 6eH*Se ar semiRar, the expeBse sftaII he Baffle efttiFely BY 1ft€) ae13aRmeRt ana elltsiae sf
YHs artiele.
1. Reimbursement cost will consist of tuition. ret!istration fees. or
textbooks for each course. Additional eXDenses such as meals or
Darkin2 fees are not reimbursable.
2. Costs for required texts are eli2ible for fifty Dercent (50%)
reimbursement. The emDlovee mav retain the books.
3. Maximum tuition and book reimbursement is $125 Der semester.
Summer session shall be considered a seDarate semester for DurDoses
of this Drovision.
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SECTION 4 - Parking Facilities
The City agrees to meet and confer with the Union in the event there are any future costs
imposed upon employees for parking.
SECTION 5 - Employee Assistance Program (EAP)
The City's Employee Assistance and Counseling Program (EAP) is designed to help
employees and their immediate families find direction in solving personal or emotional
problems. All counseling services are completely confidential. The Human Resources
Department maintains a supply of brochures explaining the program more fully.
ARTICLE V - LEAVES
SECTION 1 - Vacations
A. All employees within the bargaining unit covered by this MOU shall be entitled to
annual paid vacations as follows:
Completed Years of Rate of Accrual Equivalent Hours
0 Continuous Service* Der Dav Period Per Year
I year* * 3.33 hours 80 hours
5 years 5.0 hours 120 hours
15 years 6.667 hours 160 hours
20 years 8.33 hours 200 hours
*Service year begins on initial date of employment in a full-time, regular status.
**No vacation granted or accrued, if service is less than one year.
At the time of voluntary and involuntary termination of employment, an employee
shall be entitled to receive compensation for the number of vacation hours, which have been
accrued but not used. In the event said employee has been permitted to take vacation, which
exceeds number of hours actually accrued, a deduction shall be made from the employee's final
compensation for the number of hours in excess of the accrual.
B. The amount of accrual shall not exceed the specified number of hours granted per
year.
C. Employees shall not be permitted to work in their City position in lieu of taking
vacation in order to receive additional compensation.
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D. Vacation credits may be accrued and accumulated up to a maximum of two (2)
years total accumulated vacation credits upon approval of the Department Head, as per the
employee's rate of accrual. Vacations or portions thereof from a prior year may be taken
consecutively with vacations or portions thereof of a succeeding year, subject to the approval of
the Department Head. Except as approved by the Department Head, no vacation or portion
thereof from a prior year shall run consecutively with the vacation of a succeeding year; and, a
period of three (3) or more months should normally elapse between the expiration of one year's
vacation and the commencement of the next year's vacation.
Requests to utilize accrued vacation shall be submitted in writing on City
approved forms to the Department Head. Department Heads shall respond to vacation requests
submitted on City approved forms within five (5) work days. Department Heads shall not
unreasonably delay responses to employee vacation requests. Nothing in this article shall be
construed to prevent a response to the employee's request before the expiration of five (5) work
days.
The vacation period to which any employee shall be entitled shall be assigned by
the Department Head in the calendar year when due, except when the Department Head with the
approval of the Mayor determines that an emergency or other valid factors prevent the employee
from utilizing hislher vacation during the calendar year when due. Should this occur, the
employee's vacation should be rescheduled at the very earliest mutually acceptable date.
In the event an emplovee is compensated for less than fifty percent (50%) of
the pavroll period. he/she shall not be credited with anv vacation accrual for that pav
period.
E. Upon termination, payment for earned vacation or deduction for unearned
vacation shall be made on the basis of the hourly rate of pay being received by the employee on
the date of termination.
F. Whenever the terms "year" or "years of employment" appear herein, they shall be
deemed to include all services for the City of San Bernardino. , San BllffIllfliiHB City Bellftl ef
'.\~ater CemmissieaeFS ana the 8aB BefRa.FEH88 Free P1I91ie LiBfafY Be8:fd.
G. The employee shall not lose any vacation time off due to action by the City.
H. Vacation credits may be taken off in increments according to Department Work
Rules with prior Department Head approval.
I. When an employee returns to work after a break in continuous service, and when
such break in continuous service shall have been by leave of absence with the approval of the
Mayor and Common Council, vacation time shall not accrue during such break in continuous
service, but shall accrue H1eR~ly from the date of return to service from such approved leave of
absence, oased upon the total length of service of the employee.
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J. Employees may sell back up to forty (40) hours of vacation time per year
providing that the following conditions have been met:
1. Employees must have a minimum of one hundred twenty (120) hours in
their vacation balaoce before sell back occurs.
2. Employees must have taken a one-consecutive (I) week vacation during
the past year prior to the sell back of hours.
3. Employees must complete a sell back form, which must include a
Department Head signature.
4.
15th of each year.
Forms must be submitted to the Finaoce Department on or before April
5. Payment for vacation sell back hours will be paid (using current Council
approved salary rates in the salary resolution) on the employee's May 15th paycheck each year.
SECTION 2 - Holidays
A. City Designated Holidays: Employees shall be entitled to twelve (12) City-
designated holidays, the equivalent of ninety-six (96) holiday hours each year. The following
days will be holidays for the purpose of this MOV:
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Traditional Veterao's Day (November 11)
Thaoksgiving Day
Day After Thaoksgiving
Christmas Eve Day
Christmas Day
New Year's Eve Day
Plus sixteen (16) hours of Holiday Account time, per year (see subsection B).
Effective Januarv }. 2006. all full-time emplovees within the barl!aininl! unit
with the exception of those emplovees mentioned in the followinl! paral!raphs shall be
entitled to twelve (12) Citv-desil!nated holidavs. the equivalent of one hundred eil!ht (108)
holidav hours each vear.
All full-time employees within the bargaining unit, with the exception of those
employees shown in the following paragraphs, shall be allowed the above holidays at full pay
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when such holidays occur within the regularly assigned working periods, provided they are in a
paid status during any portion of the working day immediately preceding or succeeding the
holiday. If it becomes necessary for an employee to work on any of the above-mentioned
holidays, except as provided herein, he/she shall receive pay at the regular rate and shall be
allowed another day off at full pay as approved by the Department Head.
B. Holiday Account: Effective each January 1st, unit employees will receive sixteen
(16) hours in their Holiday Account (formerly known as Floating Holidays). Employees may
maintain a balance of more than sixteen (16) hours in their holiday account during the fiscal
year, at June 30th of each year only sixteen hours will be carried over to the new fiscal year
which begins on July I st. Any Holiday Account hours over sixteen (16) hours at June 30th will be
lost.
If a holiday falls on a nine (9) or ten (10) hour workday, the employee will be
paid eight (8) hours holiday pay. The employee may supplement the holiday with accrued
vacation holiday account time, or no pay.
Effective Januarv 1. 2006. unit emDlovees will receive ei!!hteen (18) hours in
their Holidav Account (formerly know as F1oatin!! Holidavs). EmDlovees may maintain a
balance of more than ei!!hteen (18) hours in their holidav account durin!! the fiscal year: at
June 30th of each year thereafter: onlv ei!!hteen (18) hours will be carried over to the new
fiscal year which beeins on Julv 1". Anv Holidav Account hours over ei!!hteen (18) hours at
June 30th will be lost.
Effective Januarv 1. 2006. if a holidav falls on a ten (10) hour workday. the
emDlovee will be Daid nine (9) hours holidav Dav. The enmtovee may sUDDlement the
holidav with accrued vacation. holidav account time. OOmDeBsatOI'V time. or no Dav.
Each Department Head shall consider employees' requests for scheduling the
sixteen (16) holiday account hours per calendar year, provided however, the final right to allot
the hours to be observed is reserved exclusively to the DepmlIueftt Head. The Department Head
will not unreasonably withhold permission to take time off.
On City-designated holidays, new employees with less than six (6) months of
continuous service with the City will receive eight (8) hours of holiday pay and will be able to
"draw down" one (1) or two (2) hours from their holiday account, depending upon whether they
are working a 9/80 or a 4/10 schedule. They may also elect to take one (1) or two (2) hours of no
pay.
Effective Januarv 1. 2006. on Citv-desi!!nated holidavs. new emDlovees with
less than six (6) months of continuous service with the City will receive nine (9) hours of
holidav Dav and will be able to "draw down" one (I) hour from their bolidav account,
deDendin!! uDon whether they are workin!! a 4/10 schedule. Thev may also elect to take one
(1) hour of no Dav.
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If new employees elect to "draw down" from the holiday account, the hours used
wi\l be deducted from the siliteeR (Hi) eil!hteen (18) holiday account hours they receive upon
the completion of six (6) months of continuous service.
In the event of the employee's failure for any reason to take such holiday account
hours during the term of this MOV, the employee shall be paid for hislher holiday account
balance upon separation from the City.
C. Other Provisions: Employees who, due to scheduling, must work on a recognized
City holiday wi\l be compensated on the basis of the number of hours worked on said holiday,
excluding lunch/dinner break. The hours accruing to the employee's holiday account for that day
shall not exceed eight (8) hours.
If a holiday occurs on a normal day off for an employee, the employee shall
receive no additional pay.
The decision as to whether in-lieu of time off or pay is to be received shall be
based on the availability of funds and needs of the department, as determined by the Department
Head. If in-lieu of time off is directed by the Department Head, it may be added to the regular
annual vacation period, but must be taken within one (1) year of the date in-lieu time was earned.
Employees of the Public Services, Refuse Division, except clerical employees and certain
designated employees of the City Fleet Division needed to support the Public Services, Refuse
Division operations, shall enjoy all the holidays listed above as they occur, except for Veteran's
Day, November 11; the Friday after Thanksgiving Day and, the holidays observed the day before
Christmas and the day before New Year's Day. Said employees shall receive an additional day's
pay for each such holiday on which they are required to work. If such holidays occur on a normal
day off for said employees, they shall receive no additional pay.
Holidays listed above shall be allowed on a Monday, if any such holiday falls on
Sunday, and shall be allowed on the preceding Friday, if such holiday falls on a Saturday for all
employees, except those covered by other provisions herein. If the Christmas and New Year
holidays occur on Mondays, these holidays and the holiday eves wi\l be observed on Mondays
and Tuesdays.
D. Effectiye January 1. 2006. upon separation from the City. employees shan be
paid for ninety percent (90%) of hislher current holiday 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 or attendance upon a member of hislher
immediate family who is seriously i\I and requires the care of or attendance of any employee.
Immediate family means: husband; wife; grandmother; grandfather; mother; father; sister;
brother; son; daughter; uncle; aunt; mother-in-law; father-in-law; stepparents; stepchildren;
grandchildren; and, step-grandchildren.
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Sick Leave Usage for Familv Members: Not more than eighty (80) hours of sick
leave within any calendar year may be granted to an employee for the care of or attendance upon
members ofhis/her immediate family, as defined above.
Not more than forty (40) hours of sick leave within any calendar year may be
approved for an employee for each absence for purposes of attending the funeral of a member of
the employees' immediate family. The City may require an employee to submit evidence of
eligibility to use sick leave for purposes of attending the funeral of a member of the employee's
immediate family.
Sick Leave Usage for EmDlovees: Upon the department's request, an employee
must provide a physician's statement to justify a sick leave of forty (40) consecutive hours or
longer. If the Department Head finds with just cause that sick leave is being abused, the
employee may be required to submit a doctor's statement.
No absence due to 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 his/her approval concerning such absence. The Mayor
and Common Council shall have the power to require that any person claiming the sick leave
benefits of this MOU be examined at any reasonable time or intervals by a designated physician,
and in the event of an adverse report, to reject such claim for sick leave, in whole or in part and
to terminate sick leave compensation. In the event of the refusal of any person to submit to such
examination after notification, the Mayor and Common Council may terminate sick leave
compensation and reject any claim therefor. The Mayor or Common Council shall have the right
to require the presentation of a certificate from a practicing physician or a designated physician
stating that an employee is physically or psychologically able to perform his/her work and duties
satisfactorily before permitting an employee who has been on sick leave to return to work.
In order to receive compensation while absent on sick leave, employees shall
notify their immediate supervisor or designee prior to or within thirty (30) minutes of the time set
for beginning their daily duties, or as may be specified in Department/Division work rules.
Sick leave with pay shall be granted to all regular employees and to all temporary
full-time employees whose positions are funded under federal law who are regularly employed in
permanent or federally-funded positions, if such benefit is required by said federal law. Sick
leave shall not be considered as a right which employees may use at their discretion, but shall be
allowed only in case of necessity and actual personal sickness or disability, except as otherwise
provided herein.
Whenever an employee is compensated hereunder for sick leave or injury and has
not had a vacation at the end of the current calendar year, the employee must take vacation not
utilized due to illness or injury during the next calendar year.
B. All full-time, regular employees who have completed the first six (6) calendar
months of continuous service with the City shall be granted a sick leave accumulation of forty-
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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.
Time off with pay for sick leave shall be considered as time worked for purposes
of the accrual of sick leave only. Sick leave usage shall not be decreased by the fact that any
legal holiday occurs during the time off on account of illness. The words "legal holiday" shall
have the meaning ascribed to them in Article V, Section 2. Sick leave shall not accumulate
during periods of leave of absence without pay.
In the event an employee works less than fifty percent (50%) of the total normal
work hours in the pay period, he/she shall accrue no sick leave for such pay period and shall not
be credited with the four (4) hours sick leave. Sick leave may be accumulated without limit.
Approved vacation, sick leave, holiday or compensatory time off shall be
considered as time worked for the purpose of computing sick leave benefits only.
Whenever the employee uses all allowable sick leave, further absences may be
charged against accrued vacation upon approval of the Department Head. If all allowable sick
leave has been used and use of accrued vacation is disapproved, the employee will take loss of
pay for the time not covered by allowable sick leave.
SECTION 4 - Payment of Sick Leave
A. Siek Lell':6 S.ell Baek Payment 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 unused Sick Leave up to the 600-hour cap. Payment will be at current
Council approved salary rates in the resolution.
For employees with over twenty (20) years of service, one hundred percent
(100%) of all unused sick leave up to the 600-hour cap will be paid at resignation without
prejudice.
B. Sick Leave Sell Back: Effective January 1, 2001, employees with perfect
attendance in the previous calendar year will be allowed to cash out up to five (5) days (40
hours) of sick leave per year, providing the employee has at least 160 hours in their leave
account after the sell back to be eligible. Emplovees must complete a sell back form. which
must include the- Department Head's si!!Dature to the Finance Department on or before
February 15th each year. Payment for sick leave sell back hours will be compensated on the
employee's March 31" pavroll check.
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SECTION 5 - Catastrophic Leave
Upon request of an employee who is experiencing catastrophic illness, and upon approval
of the City Administrator and/or Department Head, leave credits (vacation or floating holidays)
may be transferred from one or more employees to the affected employee under the following
conditions:
A. Sick leave accruals cannot be transferred among employees.
B. The employee with a catastrophic illness or injury has exhausted all other leave
accruals and has completed at least one (1) year of continuous service with the City.
C. The donation must be in four- (4) hour increments of vacation, compensatory time
or floating holidays by employees who have completed at least one (1) year of continuous
service with the City.
D. Employees may not donate leave they would otherwise forfeit. For example,
employees who are separating from City employment may donate leave only up to the amount of
the payment they would receive upon separation.
E. Donations shall be on a form developed by the Human Resources Department
Head, signed by the donating employee, approved by the Department Head and verified by the
Finance Department. Procedures. shall be as approved by the City Administrator.
F. An appeal will be considered on a separate basis, if denied.
G. Unused donated time that has, been credited to the requesting employee's account
will not be returned-to the donor's account.-
SECTION &- Injury Leave
Effective with the first day of necessary absence for industrial accident or illness leave,
eligible employees will be approved to receive Workers' Compensation benefits. Each employee
shall be authorized upon his/her written request to utilize the balance of his/her accumulated sick
leave, vacation, holiday account and compensatory time credit to augment the amount of
temporary disability he/she receives, to the extent the total sum received will result in payment
equal to his/her normal compensation. The utilization of sick leave for this purpose shall end
with the termination of the temporary disability or when the accumulated sick leave credits have
been exhausted, whichever occurs first.
When employees sustain what they believe to be an industrial injury or illness, they shall
request an "Employee Claim for Workers' Compensation Benefits" form from the supervisor.
The superVisor is required to give. the employees this form within one (I) working day of the
City being notified of the injury. The supervisor will log date and time employees were given
form on Supervisor's Report of Injury. Employee must return Employees' Claim form to
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supervisor to begin the process of filing an industrial injury. In the event the employee is unable
to prepare the form due to hospitalization, serious illness or injury, the supervisor or a member of
the department/division staff shall prepare the required report.
The City shall have the right to require the employee to be examined by a physician
designated by the City to assist in determining the length of time during which the employee will
be unable to perform the assigned duties, and if the disability is attributable to the injury
involved.
Should there be a dispute between the physician selected by the City and the physician
selected by the employee, a third physician shall be mutually agreed upon between the employee
and the City to examine the employee to assist in making necessary medical determinations.
If an employee is receiving disability payments, he/she shall be entitled to use only as
much sick leave or vacation as, when added to the disability payments, will provide for a full
day's pay.
SECTION 7 - Leave of Absence Without Pay
Leave of absence without pay is a temporary, non-pay status and absence from duty
granted at the request of the employee. Leave of absence without pay may be granted by the City
Administrator for a period not to exceed six (6) months, upon the positive recommendation of
the Department Head. Under justifiable conditions, said leave may be extended by the City
Administrator for additional periods. Leave of absence without pay will be considered favorably,
if it is expected that the employee will return to duty and that at least one of the following
benefits will result: increased job ability, protection or improvement of the employee's health,
retention of a desirable employee or furtherance of a program of interest to the City. Examples of
or conditions for which a leave of absence without pay may be granted are:
A. For an employee who is a disabled veteran requiring medical treatment;
B. For an employee who is temporarily mentally or physically unable to perform
hislher duties;
C. For an employee who files for or assumes elected office;
E. For maternity or paternity leave, upon the recommendation of the a physician;
E. For military leave when the employee has less than one (I) year service to qualify
for leave with pay;
F. For Union activities, upon designation by the Union.
An approved leave of absence without pay for sixty (60) days or less in any calendar year
will not be considered a break in service. Leave in excess of sixty (60) days shall result in the
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advancement of the employee's anniversary date and compensation advancement date to such
date as will account for the total period of uncompensated time off. Failure to return to duty at
the expiration of the approved leave of absence without pay shall constitute an abandonment of
the position pursuant to Rule 507 of the Rules of the Civil Service Board and shall be prosecuted
consistently therewith.
The City's contribution towards an employee's health and life insurance premium will not
be extended beyond the last day of the month in which a leave of absence without pay begins, if
the leave of absence without pay becomes effective during the first fifteen (15) days of the
month, nor beyond the last day of the next succeeding month, if the leave of absence without pay
becomes effective after the fifteenth day of the month, unless the employee returns to work from
leave of absence without pay status prior to the date the City's contribution would be
accumulated. In the event the employee desires to maintain full health and life insurance
coverage while on leave of absence without pay status, he/she may arrange to pay the insurance
premiums for the coverage desired (both the employee and employer portions). It is the
responsibility of the employee to contact the City's payroll section in this regard. The payment of
the amount of the premiums must be made to the City's payroll section prior to the date on which
the City's participation will terminate. Payments must be made monthly thereafter until the
employee either returns to work or hislher employment with the City is terminated.
Upon an employee's return to work, the City's contribution towards the employee's health
and life insurance premiums will begin on the first day of the month following the end of the
leave of absence without pay, if that leave of absence without pay terminated between the first
and the fifteenth day of the month, or on the first day of the next succeeding month, if the leave
of absence without pay terminates after the fifteenth day of the month.
Notwithstanding any other provision of this section to the contrary, the City will continue
its contribution for health and life insurance premiums of an employee on leave of absence due
to any injury or illness arising out of and in the course ofhislher employment with the City.
In circumstances in which either the Federal Family Leave Act or the State Medical and
Family Leave Act apply, the City shall adhere to the requirements ofthe Acts.
SECTION 8 - Witness Leave
Employees shall only be entitled to a leave of absence when subpoenaed to testify as a
witness in civil litigation involving the City, such subpoena being properly issued by a court,
agency or commission legally empowered to subpoena witnesses. This benefit shall not apply in
any case in which the subpoenaed employee is a party to the action. Witness leave shall not be
charged against any accumulated leave balances and shall be compensated at the employee's base
hourly rate. Employees shall only be entitled to paid witness leave if they provide a copy of the
subpoena to the City within twenty-four (24) hours of receipt.
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SECTION 9 - Blood Donations
Unit members who donate blood in the interest of the City without receIVIng
compensation for such donation may have the required time off with pay with prior approval of
the immediate supervisor for each such donation. This benefit shall not be changed to any
accumulated leave; provided however, iI'the employee is unable to work after such donation,
time may be charged to accumulated sick leave or be taken as leave without pay. Evidence of
each donation must be presented to the appointing authority to receive this benefit.
SECTION 10 - Election Leave
Employees may request time off to vote in accordance with Resolution No. 89-38, as may
be amended. This is attached as an exhibit to the MOU.
SECTION 11 - Military Leave
Unit members on leave for military duty will be compensated pursuant to Military and
Veterans Code Sections 395, et seq. The specific compensation and reemployment rights of
individual employees shall be determined based upon the applicable requirements and Veterans
Code, copies of which may be obtained through the Department of Human Resources. All
military service shall be counted as City service when calculating whether the employee has
twelve (12) months of service with the City.
Replacements for unit members on military leave will be hired with regular (rather than
temporary) position status. However, they will be subject to layoff when unit employees on leave
return.
SECTION 12 - Union President Leave
The City of San Bernardino and the San Bernardino City Employees' Association
(SBCEA) agree that the duly elected president of SBCEA shall be released from duty when on
occasion, out of the necessity of the office, it is necessary for the president of the Association to
be in attendance at union-related functions and occasions. Release shall be for a maximum of
forty (40) hours per fiscal year.
In addition to the Union President Leave as described above, the City agrees to allow the
release of one (1) additional SBPEA Board member, if such Board member is assigned to a mid-
shift assignment. Such release shall not exceed three (3) hours and shall only be for the purposes
of attending regularly scheduled meetings of the SBPEA Board of Directors.
Time off utilized by the president and other SBPEA Board members shall not interfere
with the employee's regular City position. Time off for these purposes shall be approved in
advance by the Department Head or hislher designee.
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In the event there is a dispute arising out of the amount of time used by the president, the
City Administrator or their designated representative and a union representative will meet as
soon as possible in an attempt to resolve the dispute.
SECTION 13 - Jury Duty
Every general permanent employee of the City of San Bernardino and every employee
whose position is funded under federal law or is employed in a federally funded position, if such
benefit is required by said federal law, are covered by this section.
Employees shall provide prior notice to their supervisors regarding jury service. In cases
where the completion on any day of such jury service does not exceed a period of four (4) hours
duration of the employee's assigned work shift, it shall be the responsibility of the employee to
return to work within a reasonable time after his/her release or discharge from such jury service
on that day. However, where such employee is required to continue injury service for a period in
excess of four (4) hours duration on any such regularly scheduled working day, said employee
shall not be required to work on that same day of his/her release or discharge from jury duty. If
the start of the employee's shift is two (2) hours or more prior to the commencement of jury duty,
the employee shall be required to report to work. This is subject to adjustment based on the
location of jury service.
Under such circumstances of compensable jury service, every general permanent
employee or every federally funded general employee as aforesaid, shall be paid their regular
pay less jury duty fees while serving on jury duty provided a copy of all jury fees paid to the
individual employee. less automobile expenses allowed, are submitted to the City Finance
Department.
Employees shall notify their superiors of any call for jury service promptly upon receipt
of notice thereof, and of any absence from duties due to such jury service in order that a
replacement or substitute may perform their duties. When an employee fails to promptly report
the receipt of all call to jury service, when so required or fails to promptly notify their superiors
regarding the absence for jury service, said employee shall be considered as absent without leave
and no salary compensation shall be paid.
In the event, during the course of any jury service, an employee is ordered by a judge or
other officially recognized judicial body into a state of sequester, the employee shall be paid the
regular wage during such time of sequester without supplement from any accrued bank of time.
Any employee who is summoned to Grand Jury Service shall be entitled to all benefits,
restrictions and requirements of this section.
The City will pay for UP to fifteen (15) workinl! days in a calendar year of a covered
emplovee who is required to serve iurv duty.
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Wbenever a covered emplovee is dulv summoned as a witness. except wbere tbe
emplovee is a Iitil!ant or defendant in a criminal case or anv action broul!bt about as a
result of bis or ber own misconduct. be or sbe shall receive rel!ular compensation for anv
rel!ularlv scbeduled workinl! bours spent in actual performance of sucb service.
SECTION 14 - Accumulated Leave Conversion Plan (ALP)
Tbe City will provide an Accumulated Leave Conversion Plan (ALP). wbicb will
allow emplovees upon retirement to contribute unused sick leave. vacation. holidav. and
compensatorv time to an Internal Revenue Code Section 401(a) Defined Benefit Plan. All
fees associated witb sucb plan will be paid bv plan participants. Emplovees must contribute
a minimum of 55.000 oftheir accumulated leave benefits to be elil!ible to participate in tbe
ALP.
ARTICLE VI - WORKING CONDITIONS
SECTION 1 - Work Periods
A. Citv Work Schedules: City work schedules shall be as herein defined, except as
otherwise provided for:
1. 5/40 Work Schedule: The 5/40 work schedule shall consist of a forty- (40)
hour work week consisting of five (5), eight (8) hour work days, exclusive of any meal periods
assigned by managp.mP.11t
2. 9/80 Work Schedule: The 9/80 work schedule shall consist of eighty (80)
work hours in a two (2) week period, consisting of eight (8), nine (9) hour work days and one
(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 of a forty- (40)
hour work week consisting of four (4), ten (10) hour work days, exclusive of any meal periods
assigned by management.
Work schedules shall be posted on all department bulletin boards showing the employees'
shift. work days and where known, hours.
B. Work Schedule Adjustments: It is understood and agreed that Department Heads
shall establish such work schedules as may be necessary for the efficient and economical
provision of services for the public, and to make such adjustment in work shifts as are from time
to time required. The City shall give the employees and the Union two (2) weeks' notice of any
proposed changes in scheduled work shifts prior to implementation. If the Union wishes to
consult with management regarding the proposed changes, it shall notify the City within seven
(7) calendar days from receipt of notice. Upon notification by the Union, both parties shall meet
within ten (10) calendar days in an earnest effort to reach a mutually satisfactory resolution of
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any problems arising as a result of the proposed changes. Work schedule changes resulting from
an emergency situation or circumstances, which disrupt normal City operations as determined by
the Department Head are not bound by the two- (2) week notice requirement.
If a light-duty assignment for an employee will result in a shift change, e.g., from day
shift to graveyard shift, the City shall give the employee and the Union two (2) weeks' notice of
any proposed shift changes prior to implementation. The procedures described in the first
paragraph of Section 8 above shall apply.
I. This section does not include minor adjustments in the starting and ending
times of employee shifts
2. During the two-week notification period, the employee continues on
current status/schedule.
SECTION 2 - Physical Examinations
The City shall pay medical fees for the physical examination of any unit member within
the unit of representation. When such examination is required and directed by the City after
employment. The City may arrange with a physician or medical group for such examination, or
if the situation warrants, the City may authorize an employee to be examined by a doctor of
hislher choice. In the event an employee is authorized to be examined by a doctor of hislher
choice, reimbursement shall be made by the City for the cost thereof, provided, however, that the
amount of reimbursement shall not exceed the cost the City would have paid its contract
physician or medical group.
SECTION 3 - Probationary Period
All new or newly promoted employees must serve a one (1) year probationary period.
SECTION 4 - Seniority
Department Heads will consider seniority in authorizing vacations, scheduling shift
assignments and transfers. Seniority shall prevail when all other factors are not significantly
different. "All other factors" is defined as special qualifications, skills, work performance, as
well as attendance and safety. An employee shall not attain seniority until the completion of a
probationary period, upon which time the seniority date shall be from the last date of hire within
the department, division or section. In the event of layoffs, due to lack of work or funds that the
department deems it necessary to reduce the working force, the last employee hired within the
classification so reduced shall be the first laid off unless he/she possesses special qualifications
or whose. loss of skills would adversely affect the public welfare or has superior work
performance that can be documented.
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Emergency, temporary and provisional employees shall be laid off in that order prior to
the layoff of permanent employees in the same class. In a department where there is more than
one class having equal rates of compensation, any probationary or regular employee subject to
layoff under this rule shall, in lieu thereof, be allowed a transfer to a position in one of the other
classes of equal compensation for which he/she possesses the minimum requirement of
knowledge; skill and experience provided that the employee subject to layoff has longer service
in his/her class. Any regular employee subject to layoff under this rule shall, in lieu thereof, be
allowed a demotion to the next lower class of his/her department in which the employee subject
to layoff possesses the minimum requirements of knowledge, skill and experience and shall
become the senior employee of that class for the purposes of this rule. Any employee laid off or
demoted to a lower class or transferred to an equal class under this section shall have the right for
two (2) years to be reemployed, transferred or promoted to their former class or any lower class
upon the first vacancy occurring in any such class in the department provided he or she possesses
the minimum requirements of knowledge, skill and experience for such vacancy and such rights
shall take precedence over the regular employee or promotion lists. An employee so reinstated
from the reemployment preferred register shall regain tenure-seniority for prior service. Notice
of reduction in force shall be presented to the Union and the affected employees. Such notice
shall be in writing by the Human Resources Department. An employee shall be given at least
thirty (30) days' notice prior to layoff.
SECTION 5 - Reasonable Suspicion Drug and Alcohol Testing
In addition to employees already covered under the Department of Transportation (DOT)
drug and alcohol testing, all General Unit employees will participate in reasonable suspicion
drug and alcohol testing, following the reasonable suspicion Drug/Alcohol Testing Procedure
described in the City of San Bernardino's Policy on Drug and Alcohol Testing of Employees
with Commercial Driver's Licenses. (Exhibit 4)
If a supervisor has a reasonable suspicion that an employee has been abusing drugs or
alcohol, that supervisor will take one of the steps listed below prior to referring an employee for
a test, and will document his/her observations on a reasonable suspicion checklist:
A. Seek the concurrence of another supervisor if a second supervisor is in the
immediate vicinity; or,
B. Notify hislher Department Director, Assistant Director or immediate supervisor if
a second supervisor is not in the vicinity.
The conduct of the employee must be witnessed by a supervisor who has received
training consisting of at least six (6) two (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 on hearsay.
Training will be provided by I"eliee effiellfS pessessiag a Dmg ReeegaitieR B*peR (DRB)
eertifieatieR isslIes by the }!atieReI Highway ef TfBffie Safety .^.amiRislflltieR (NHTS.^.) DOT
certified trainers. Training will be provided to all current Middle Management Unit supervisors
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General Unit MOU
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following ratification of this MOU. The training will be videotaped for the purpose of training
newly appointed supervisors and serve as refresher training for all supervisors, as needed.
Follow-up training classes will be provided to newly appointed supervisors in a group session
when that number reaches five (5) or more.
In addition to training supervisors, the City will offer an overview to full-time regular
employees in the detection of drug and alcohol use.
ARTICLE VII - GENERAL PROVISIONS
SECTION 1- Waiver Clause
The parties acknowledge that during the meet and confer process which resulted in this
MOU, each had the unlimited right and opportunity to make demands and proposals with respect
to any subject or matter not removed by law, City Charter, ordnance, resolution, personnel and
departmental rules and regulations, from the scope of negotiable issues and that the
understandings arrived at by the parties after the exercise of that right and opportunity are set
forth herein. Therefore, the City and the Union, for the life of this MOU, each voluntarily and
unqualifiedly waives the right to meet and confer and each agrees that the other shall not be
obligated to meet and confer with respect to any subject or matter referred to or covered in this
MOU or with respect to any subject or matter not specifically referred to or covered in this
MOU, even though such subject or matter may not have been within the knowledge or
contemplation of either or both of the parties at the time they negotiated or signed this MOU.
SECTION 2 - Severability
It is understood and agreed that this MOU is subject to all current and future applicable
federal and state laws and regulations and the current provisions of the charter, ordinances,
resolutions and of the rules and regulations of the City. If any part or provision of this MOU is in
conflict or inconsistent with such applicable provisions of those federal, state or city
enactment's, or it is otherwise held to be invalid or unenforceable by any court or competent
jurisdiction, such part or provision shall be superceded by such applicable law or regulations, and
the remainder of this MOU shall not be affected thereby. The parties hereto agree to refrain from
initiating any action that would invalidate any part of the MOU.
SECTION 3 - Printing of Memorandum of Understanding
The City shall pay one-half (1/2) of the cost of printing the MOU. The City shall
distribute the MOU to the bargaining unit and new employees. The City will provide an
initialed/signed distribution list of employees to the Union after distribution of the MOU.
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General Unit MOU
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SECTION 4 - Term of Memorandum of Understanding
The term of this MOV extends through JliRe )9, 2991 December 31. 2007. If
negotiations regarding an MOV are in progress at the time the current MOV expires or if the
parties are at impasse, the current MOV shall remain in effect until a successor MOV is adopted
by the Mayor and Common Council.
SECTION 5 - Notice ofIntent to Reopen
The parties agree that, if either party desires to propose changes in the terms or conditions
of this MOV for the period following expiration of this MOV, such requested meeting shall be
held at least one hundred twenty (120) days before the expiration of the MOV. 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.
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General Unit MOU
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GENERAL UNIT EMPLOYEES'
MEMORANDUM OF UNDERSTANDING
2004 - 2007
Executed this
day of
Mayor
City of San Bernardino
City's Designated Representative
ATTEST:
City Clerk
Approved as to form
And legal content
n
\
torney
2005.
San Bernardino Public Employees'
Association (SBPEA)
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General Unit MOU
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INDEX
Title
Page
Accumulated Leave Conversion Plan (ALP)............................................................................... 45
Agency Personnel Rules ............................................................................................. ................. 9
Bilingual Pay........ ............. .................... ... .......................................................... ......................... 25
Blood Donations ... ................ .............. ......... ...................... ....................................... ................... 43
Budget Documents........ ........ ........... ... .................................................... ..................................... 18
Bulletin Boards ...................... ....................................... ...... ......................... ................................ 18
Call-Back/Standby Assignment & Pay... .................... ................................................................. 22
Catastrophic Leave...................... ... ........................................... ............................. ...................... 40
Classification Appeal .................................................................................................................. 21
Contract Services ......................................................................................................................... 9
Definition of Terms....... ... ............... ............. ................................................................. ............... 7
Education Tuition Assistance ............................ ......... ................................................ ..... ............ 30
Election Leave ... ... ........ ...... ..................................... ..... ............................................................... 43
Employee Assistance Program (EAP) ......................................................................................... 33
Employee Lists.............. ...... ......................................................................................................... 16
Employee Orientation .................................................................................................................. 18
Employee Rights .......................................................................................................................... 8
Fines .............................................................. ............................................................................... 25
Grievance Procedure ......... ............. ............... ........... .................................................................... 13
Health/Life Insurance....................... ............................................................................................ 26
Higher Acting Classification Pay................................................................................................. 21
Holidays ....................................................................................................................................... 35
Injury Leave .................................................. ............................................................................... 40
Jury Duty............. ............................................ ............................................................................ 44
Labor-Management Committee ................................................................................................... 10
Leave of Absence Without Pay.................................................................................................... 41
Mailbox ........................................................................................................................................ 19
Management Rights ..................................................................................................................... 8
Military Leave...........................................................................................,.................................. 43
New Employee Information................. ....................... ................................................................. 19
No Strike................................ ...................................................................................................... 12
Non-Discrimination ........................... ............. ......... ............ ........................................................ 17
Notice of Intent to Reopen .......................................................................................................... 49
Overtime ............ ......................................... ..... ............................................... ... .......................... 20
Parking Facilities ......................................................................................................................... 33
Payment for Unused Sick Leave.................................................................................................. 39
Payroll Deduction for Union Dues .............................................................................................. 12
PERS ............................................................................................................................................ 20
Personal Tool Replacement Allowance....................................................................................... 24
Personnel Files................................................................... .......................................................... 17
Physical Examinations ................................................................................................................. 46
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General Unit MOU
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Title
Page
Printing ofMemorandwn of Understanding ............................................................................... 48
Probationary Period .................................................................................................................... 46
Reasonable Suspicion Drug and Alcohol Testing ....................................................................... 47
RecognitionlUnion Security......................................................................................................... II
Safety Committee......................................................................................................................... 9
Salaries.................... ................................................................. ......... ........................................... 19
Seniority............................................................................................................................... ........ 46
Severability ................ ................................... ............................................................................... 48
Shift Differential.......................................................................................................................... 24
Sick Leave........... ............................. .......... .................................................................................. 37
Skelly Rights................................................................................................................................ 16
Special Certification Pay...................................................... ........................................................ 26
Term of Memorandum of Understanding .............................................. ..... ................................. 49
Time Off For Employee Representatives .................................................................................... II
Uniforms, Rain Gear & Safety Equipment.................................................................................. 28
Union President Leave ......................................................................................... ........................ 43
Union Representation...................................... ............................................................................. IS
V acations......................................... .............. ............................................................................... 33
Waiver Clause .................................... .......................................................................................... 48
Witness Leave .................................. ............................................................................................ 42
Work Periods .................................................... .......................................................................... 45
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General Unit MOU
~
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
,.
RESOLUTION AGENDA ITEM TRACKING FORM
/"'
Meeting Date (Date Adopted): ~ r ~(' C'~ Item # _I q
Vote: Ayes r1 ,~ Nays
Change to motion to a~ocuments 0
Resolution #
JJCcf-15
Abstain
Absent
Companion Resolutions
NulVVoid After: days/
Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Reso. Log Updated:
Seal Impressed:
o
o
Date Sent to Mayor:
Date of Mayor's Signature:
Date of Clerk/CDC Signature:
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: 0
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes - No By_
Yes No By_
Yes No By_
Yes No By_
Yes No By_
Copies Distributed to:
Animal Control 0 EDA 0 Information Services 0
City Administrator 0 Facilities 0 Parks & Recreation 0
City Attorney 0 Finance 0 Police Department 0
Code Compliance 0 Fire Department 0 Public Services 0
Development Services 0 Human Resources 0 Water Department 0
Others:
Notes:
Date:
Ready to File:
Revised 12/18/03
.-
.
CITY OF SAN BERNARDINO
Interoffice Memorandwn
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
April 11 , 2005
TO:
Linn Livingston, Director
Hwnan Resources
FROM:
Eileen Gomez, Senior Secretary
RE:
Transmitting Docwnents for Signature - Resolution Nos. 2005-75
At the Mayor and Common Council meeting of April 4, 2005, the City of San Bernardino
adopted Resolution No. 2005-75 - Resolution implementing a Memorandum of Understanding
between the City of San Bernardino and employees in the General Bargaining Unit of the City of
San Bernardino represented by San Bernardino Public Employees' Association.
Attached is one (1) original Memorandwn of Understanding and one (1) duplicate original
MOU. Please obtain signatures in the appropriate locations and return the ORIGINAL MOU to
the City Clerk's Office to my attention as soon as possible. Please keep the fully executed copy
for your records.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Eileen Gomez
Senior Secretary
I hereby acknowledge receipt of the above mentioned docwnents.
Signed: ~j1J-A
Date: Lf{c>ios-
Please sign and return