Loading...
HomeMy WebLinkAbout1979-171 . ; 10 11 12 13 14 15 16 17 18 ]9 20 21 22 23 24 25 26 27 28 ~'-, . . 1 RESOLUTION NO. 7 '1- 1'7/ 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CITY 3 MANAGEMENT ASSOCIATION (t1ANAGEMENT AND CONFIDENTIAL EMPLOYEES), C011MENCIrlG ON THE FIRST DAY OF JULY, 1978, AND ENDING THE LAST DAY OF JUNE, 1981. 4 WHEREAS, the Common Council's negotiators have met and conferred with 5 6 the representatives of the San Bernardino City Management Association (SBCMA), in accordance with the provisions of the Meyers, Milias and Brown Act of the State of California, and; 7 8 WHEREAS, the Common Council's representatives and the SBCMA representa- 9 tives have reached a Memorandum of Understanding for the period commencing on the first day of July, 1978, and ending the last day of June, 1981, and; WHEREAS, said Memorandum of Understanding has been reduced to writing and a copy thereof is attached hereto marked Exhibit "A" and incorporated herein by reference as though fully set forth at length. NOH, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 1. That the Memorandum of Understanding between the City of San Ber- nardino and the San Bernardino City Management Association, dated April 6, 1979, for the Bargaining Unit of management and confidential employees for the period commencing on the first day of July, 1978, and end- ing the last day of June, 1981, a copy of which is attached hereto and in- corporated herein, is hereby approved. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of ,the City of San Bernardino at a ~~ meeting thereof, held on the /~;;t day of .~ ,1979, by the following vote, to wit: ""~'~ ' ""'''''':':''1 1 AYES: -Councilmen ~Aft.,L. ~ 9t)L,d, f6{~ 2 ~/4~ 3 NAYS: ~~~~ .4 4 ABSENT: ~~ 5 6 "? ~4?If/~~P ~ City Clerk 7 8 9 The foregoing resolution is hereby approved this ....~ day of ~ ,1979. 10 11 12 13 14 Approved as to form: 15 ~e~ 16 17 18 19 20 2] 22 23 24 25 26 27 28 MEMORANDUM OF UNDERSTANDING BETHEEN _ THE CITY OF SN~ BERNARDINO AND THE SAN BERNARDINO CITY MANAGEMENT ASSOCIATION This Memorandum of Understanding on wages, hours and working conditions is between the designated repl'esentatives of the Mayor and Comnon Council and the Board of Trustees of the Publ ic Library of the City of San Bel'nardino (hereinafter known as the City) and representatives of the San Bernardino City Management Association (hereinafter known as the Association), which represents the unit of permanent management and confidential employees of the City of San Bernardino. The representatives of the City and the Association recommend to the Mayor and Common Council and to the Library Board of Trustees that the terms and conditions of this Memorandum shall commence on July 1, 1978, unless other- wise provided for, and shall continue until the 30th day of June, 1981. To the exten t that impl ementati on of these recommenda ti ons requi re acti on by the Common Council and the Board of Trustees, this Memorandum will serve as a request to those bodies that they be so implemented. It is the purpose of this Memorandum to encourage the development of profes- sional management skills in the City service, responsive to the policies of the Mayor and Common Council, the direction of the City Administrator and the needs of the citizenry. It is also intended to provide a reasonable de- gree of security to management and confidenti a 1 employees. This Memorandum is also based upon the assumptions that: 1) Managers are not extended technicians but are, rather, individuals with unique responsi- bilities for analyzing and synthesizing the input of subordinates, peers and the public in making decisions regarding the allocation of human and financial resources for which they should be held responsible and accountable; and 2) A compensation plan for management should not just provide a financial gain for employees but should also create direct benefits to the City organi- zation and the public it serves. ART! CLE I Recogni ti on Exclusive recognition of the Association is acknowledged for the purposes of meeting and conferring on I'lages, hOLlrs and working conditions and of genera"' representation of employees \'Jithin the L1nit of representation. The classifi- cation titles of those nJ<tlla~Jelllellt and confidential employees in the L1nit for whi ch the Associ a ti on has been recogni zed excl us i ve ly as the majority repre- sentative ilre listed lindeI' Section Nine of City Resolut-jon flo. 6413, ilS amended, excluding therefrom positions and clil"Ssificiltion titles designated general and nrid-managemcnt, or sUbscquently so designated as determined solely by the City; 1111 II GHIR,IT rr l' ARTICLE I Recognition - Continued positions regarded as temporary or seasonal; titles and positions established and created under Federal contract; elected officials; and those employees while under provisional or probationary status. ART! CLE I I Agency Personnel Rules It is understood and agreed that there exists \~ithin the City in written or unwritten form, certain personnel ru1 es, pol i ci es, practi ces and benefits, generally contained in the "Civil Service Rules and Regulations for the Classified Service"; Resolution No. 10584, "Establishing Uniform and Orderly Methods of Communication 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 Re1a- ti ons, as amended, whi ch documents wi 11 conti nue in effect, except for pro- visions modified by the City in accordance with State laws, orders, regulations, official instructions or pol icies. In the case- of Pl'oposed changes to the - Resolutions, by other than agreement bet\~een the parties hereto, the Association shall be consulted with prior to the consideration of these changes by the City except in cases of emergency, in which cases.the Association will be con- sulted with as soon as possible after the changes. ART! CLE I II Ci ty Ri ghts There are no provisions in this Memorandum.of Understanding that shall be deemed to limit or curtail the City in any way in the exercise of the rights, power and authol'ity which the City had prior to entering into this understand- ing unless, and only to the extent that, the provisions of this ~lemorandum of Understanding specifically curtails or limits such rights, powers and authority. ARTICLE IV Association Security The City formally recogni zes the Associ ati on as the "Exc1 usi ve Representati ve" for the un i t compri sed of permanent management and confi denti a 1 employees, as identified under Article I herein. The granting of exclusive recognition shall not preclude an employee from seek- ing legal counsel of his/her own choosing in matters where individual ri~lts, protect-i ons and concerns are i nvol ved; provi ded, hO\~ever, the representati on rights of the Association shall not be, infringed upon as exclusive representa- tive. ,. I> ARTICLE V Payroll Deduction for Association Dues The City agrees to deduct from the pay of each employee who signs an author- ized payroll deduction card a monthly sum certified to the City by the Presi- dent of the Association as the regular monthly Association dues. Dues deduc- tions 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 Association provided, however, that the Association shows proof that the membership has voted and approved any change in the amount of dues. Dues 11ithheld by the City shall be transmitted to the office,' designated by the Association, in writing, at the address specified in the letter of authoriza- tion. The Association shall indemnify, defend, and hold the City harmless against any claims made, and against any suit instituted against the City on account of check-off of Association dues. In addition, the Association shall refund to the City any amounts paid to it in error, upon presentation of supporting evidence. ARTICLE VI Work Periods The work period shall normally consist of the time as may be required to successful"ly complete designated responsibilities. ARTICLE VII Administrative Leave Management and confidential employees shall be allowed five (5) days time off, each year, in lieu of paid overtime. The time off shall not be accumulative beyond any f"j sca 1 year. ARTICLE VIII Wages Wages for the employees in this representational unit, for the Fiscal Year 1978-79, shall be based upon those recommended to the Common Council in the "Limited Classification and Salary Study" July, 1978, prepal'ed by CSPil, Cooperative Personnel Services, as modified by mutual agreement of the parties hereto and adjusted to the closest salary rdnge in the Salary Schedule- General Emp 1 oyer:s s hOlm on pclge 517 of the City IS FY 1978-79 Annual Budget. The saluries thus computed are Sl10VIIl io Attachment A, hereto. l~ages for the employees in this representational unit for Fiscal Yeilr 1979- 1930 s ha 11 be those \1ages in effect on June 30, 1979 adjus ted by a percen tage to reflect the percentage change in the U. S. Department of Labor Cost of ARTICLE VIII Wages - Continued Living Index for this area from April 1,1978 to March 31, 1979, not to ex- ceed 7%. Wages for the employees in this representational unit for Fiscal Year 1980- 1981 shall be those wages in effect on June 30, 1980 adjusted by a percentage to reflect the percentage change in the U. S. Department of Labor Cost of Li vi ng Index for thi s area from Apri 1 1, 1979 to March 31, 1980, not to ex- ceed 7%. ARTICLE IX Vacations A. All employees within this representational linit shall be entitled to annual paid vacation as follows: Days of Paid Rate of Accrual Vacation Per Month 10 days 0.833* working days 15 days 1 .250* working days 20 days 1. 667* working days 25 days 2.0833* working days Completed Years of Continuous Service 1 year 5 years -. 15 years 20 years *Not to exceed the specified number of days granted per year. B. Compensation for vacation, other than for earned vacation at the time of termination of employment, shall be limited to the amount normally earned during regularly assigned working time. C. Employees shall not be permitted to work in their City position in lieu of taking vacations in order to receive additional compensation. D. Vacation credits may accrue for a maximum of two years' total accumula- ted vacation credits on a carry-over basis from year to year. Vacations, or portions thereof, from anyone year so accrued may run consecuti vely with vaca ti ons, or port-j ons thereof, of the next succeedi ng year, subject to the approval of the Department Head or City Administl'ator. Except as approved by the Department Head or City Administrator, no vacation or _por- tion thereof from anyone year shall run consecutively with the vacation of the preceding year, and a period of three or more months must elapse between e>:piration of one year's vacation and commencement of the next follolving yeal"s vacation. The vacation period to which any employee shall be entitled shall be assigned by the Head of the Department in the calendar year when due, except \'Ihen the Department Head; wi th the approval of the Mayor, deter- mines that emergency, or other valid factors beyond the control of the ARTICLE IX Vacations - Continued employee prevents the employee from utilizing the vacation period dur- ing the calendar year when due. Such approved carry-over vacation time shall be taken in the Subsequent calendar year as assigned by the De- partment Head and shall not be taken concurrently with the vacation period due and assigned during Such Subsequent year. Except as provided herein, vacation time shall not accumulate or be allowable or payable beyond the calendar year when due. L I~hen a hol i day authori zed by the Mayor and Common Council occurs \~i thi n the vacation periOd of an employee, such an employee shall receive an additional day of vacation with pay. F. When an employee leaves the service of the City and has not used the earned vacation since hiS/her last anniversary date, payment shall be made to the employee for the earned portion of vacation. When an emp 1 Oyee 1 eaves the servi ce of the Ci ty and has recei ved a vacat"i on with pay in excess of, vacation time earned under the provisions of this Article, a deduction will be made in such employee's final pay period of the unearned portion of such paid vacation. G. Calculation of payment of earned vacation, or deduction for unearned vacation upon termination, shall be made in accordance with the pro- visions on Section 3, Resolution No. 6413. ~. H. When an employee returns to work after a break in "continuous service" as defined in Resolution No. 6413, and when such break in "continuous service" shall have been by leave of absence with the approval of the City, vacation time shall not accrue during such a break in continuous service but shall accrue monthly from the date of return to service from Such approved leave of absence, based upon the total length of servi ce of' the employee. ARTICLE X HOlidays All employees within this representational unit shall be entitled to eleven (11) holidays each calendar year as specified in the appropriate City reso- lution. ARTICLE XI Health and Life Insurance Covel'age A. For Fiscal Year 197H-79, the City shall pay a monthly contribution, not to exceed the prenri UIl1 CDS t of the emp loyee and one e 1 i gi b 1 e dependen t for gl'Ollp hea lth ins urance plan se 1 ected by the emp 1 oyee from one of the City's sponsored health plans. ART! CLE X I lIealth and Life Insurance Coverage - Continued B. The City shall make available a group dental plan to cover all employees in this unit and their families. The City shall consult 11ith the Associ- ation in the selection of a dental plan. C. The City shall include the employees in this representational unit in any improvements in health/dental/optical insurance plans which are made available to other City employees. D. The City shall continue to provide each employee of this representational unit life insurance coverage in the amount of $10,000. The premium to be payable by the City. ARTI CLE X II Educational Tuition Assistance The City shall continue to reimburse employees within this unit for selected tuition cost~f previously approved, job-related courses ~/hich will in- crease the VM: of the employee to the City, provided that the employee achieves a p sing grade of "B" or better. Reimbursement for books required for authori zed courses may be permitted, provi ded such books are tendel'ed to the Ci ty at the time when reimbursement for tuiti on is reques ted. Specifi c provision will be made for such assistance in each annual budget. ARTICLE XIII Physical Examinations An annual physical examination shall be mandatory. The City shall pay medical fees for the physical examination for any employee within this unit of repre- sentation when such examination is required and directed by the City after emp 1 oyment; The City may arrange Ivith a phys i ci an or medi ca 1 group for such examinations. If the employee opts to be examined by a doctor of his/her choi ce, the rei mbursement Ivi 11 be 1 i mited to that amount paid by the City under its group arrangement. ARTICLE XIV Unused Sick Leave Upon retirement or death of an employee in this representational unit, or upon termination of the employment, except dismissal or resignation with prejudice, as defined in Rule 514 of the Civil Service Rules and Regulations of the City of San Bernardino, the City shall pay to the employees, or to the.ir estate, payment for fifty percent (50%) of accumulated unused sick leave. \ ARTI CLE XV Fines The City shall pay for penalties or court fines imposed upon any employee within this unit of representation as a result of a traffic violation in- curred when the employee \~as operating a faulty CitY-OImed vehicle. The City wi 11 not pay for such pena lti es or fi nes when the vi 0 1 ati ons result from improper or negligent operation of City-owned vehicles by the employee. ARTICLE XVI Automobile Allotment The City and the Associ ati on recogni ze that certai n employees in thi s repre- sentational unit are normally and regularly required to utilize an automobile for City business beyond the usual 8:00 a.m. to 5:00 p.m. City office hours. To reduce the number of official City vehicles purchased and maintained, to prec 1 ude ci ti zen criti ci sm of percei ved mi suse of City vehi c 1 es and to pro- vide the "off-hours" transportation required, the City vii 11 , provide an auto- mobile allotment of one hundred and fifty dollars ($150) per month to such management or confi denti a 1 personnel as sha 11 be recommended by the City Ad- mi ni s t\'a tor and app\'oved by the Mayor and Common Council. ARTICLE XVII "Acting" Classification Pay The City Administrator, with the concunence of the r~ayor, may assign a qual Hied management or confidential employee to discharge the duties of a management or confidential position in a higher classification for additional compensation, in the absence of the incumbent of that position, for a period not to exceed ninety (90) working days. An employee so assigned in writing by the City Administrator with the con- currence of the Mayor to "act" in such position, and who has served satis- factodly in such higher position for a continuous period in excess of thi\'ty (30) \~orking days immediately p\'ior thereto, shall be entitled to receive compensation fo\' services in that position from the date of assignment, at a \'ate equivalent to the first step of the salary range for that higher position, O\' at a rate equivalent to that step in the salary range next above his regular salary, whichever is the higher, subject to the approval or \'atification shall not be unreasonably withheld. ARTICLE XVIII Grievance Procedure Definition of Employee Grievance: A grievance is an alleged violation of the te\'IIIS of an existing Memol'anclulII of Understand-ing or of the LaVIS, Ordinances, Resohltions, etc., concerning or affecUng \'lUges, hours or other conditions of employment. ARTICLE XVI I I Grievance Procedure - Continued Grievances do not include alleged violations of the City's Affirmative Action Program or of the City's Civil Service Rules and Regulations. Rectification of vi 01 ati ons of these programs wi 11 be pursued through procedures estab 1 i shed the rei n. Where a bona fide grievance exists, a management or confidential employee will attempt to settle the grievance informally with the department head or, in the case of a department head grievant, with the City Administrator or, if applicable, to the Board of Tt'ustees of the San Bernardino Public Library. This shall be presented within ten (10) days of the incident causing the grievance. The department head, or City Administrator, shall ascertain all the facts and adjust the grievance informally with the grievant and, if the grievant desires, with his/her designated representative. If the grievance is not adjusted to the satisfaction of the grievant within five vlOrking days after presentation, the grievance shall be submitted in writing to the City Administrator. The City Administrator shall meet with the grievant within five working days after receipt of the written grievance and shall deliver his answer, in writing, to the grievant within five working days. If the grievant does not consider the reply a satisfactory adjustment of the grievance, the parties may agree upon any mutually satisfactory impasse pro- cedure, including, but not limited to, mediation or conciliation. The impar- tialmediator, or consiliator shall be selected jointly by the City and the aggrieved employee, or, if he desires, his representative. The fees and expenses incurred by the impartial mediator or conciliator shall be shared equally by the parties. If the parties agree upon a mutually acceptable impasse procedure but cannot agree upon the neutral, a lis t of fi ve neutrals shall be obtai ned from the California State Conciliation Service or other mutually agreeable source and each party shall alternately strike one name from the list until only one name remains. The first party to strike a name shall be determined by lot. " ! If the grievance is still not adjusted, or if the parties fail to agree upon a mutually acceptable impasse procedure, after all reasonable means of settl e- ment have been exhausted, the aggrieved party may file a written appeal to the t~ayor and Common Councilor, if appl ;cable, to the Board of Trustees of the San Bernardino City Library. ARTICLE XIX Non-Di SCl'im; na ti on The City and the Association agree that there shall be no discrimination against employees ~lithin this unit because of I'ace, color, creed, religion, , .. .:! ARTICLE XIX ~on_Oiscrim5nation - Continued national origin, sex, age, marital status, association membership or because of a physical handicap \1ith respect to a position the duties of \1hich can be performed efficiently by an individual with such a physical handicap without danger to the health and safety of the physically handicapped person or to others. ARTICLE XX Waiver Clause The parties hereto acknowledge that during the meet and confer pl'ocess which resulted in this Memorandum of Understanding, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law, City Charter, Ordinance, Resolution, Civil Service Rules and Regulations and Oepartmental Rules, from the scope of negotiable issues and that the understanding arrived at by the parties after the exercise of that right and opportunity are set forth herein. Therefore, the City and the Association, for the life of this Memorandum of Understanding, each voluntarily and unqualifiedly waives the right, 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 t~emorandum of Understanding, or ~ri th respect to any subject or matter not specifically referred to or covered in this f.lemorandum of Understanding even though such subject or matter may not have been ~Ii thi n the knovll edge or contempl a ti on of either or both of the parti es at the time they negotiated or signed this Memorandum of Understanding. ARTICLE XXI .' Severabi 1 i tv Should any Article, section or portion thereof, of this Memorandum be held unlawfu'\ and unenforceable by any court of competent jurisdiction, such decision of the court shall apply only to the specified Article, section or portion thereof directly specified in the decision. Upon the issuance of such a decision, the parties agree to enter into negotiations immediately, concerning only those Articles directly affected by the decision of the court. All terms and by each party conditi ons set forth in tllj s Memorandum are hereby on this .{ day of {j....,..-,..uy , 1979. (/ acknO\~l edged .... FOR THE C lTV ; Chairman, Library Board of Trustees FOR THE ASSOCIATION; r;1'J/[..<>~1I-<- ~1-r1^- 4h~ /.-,L~ C~lr'A j .u~IJ. ,,~~d~~'." '",/~:'9 ;/>/lrM,,4i(tut /lJ . ~-3--t-?fi' g _~\ '. ". ~ . '1\ - '".<. .'...." ^' , \ 1.Lf.,.7'1 _,: ~~ !_ ~= 'L>-. "'. ,r' I ~ . -' . , . . , (J1l0/\UA.,Q f /f'yt('.^~",o )~~!/N U'" -t- J/~ !-.r '.J 1(;/ J 1. ., .. 3. , .. 5. 6. 7. 8. 9. 10. 1~. 12. 13. , , .,1..-:. 15. 16. 17. IS. 19. . 20. 21. ~., L._. 23. .,. .~. 25. 26. 27. 28. 29. ~(). 3l. 32. 33. 3~. 35. 36. 37. 38. .39. ~O . ~l. ~2. ~3 . ~4. ~5. ATT1\CIIHENT 1\ - FY 1978 - 79 Salaries , RANGE POSI'l'IONS 806 - 982 890 - 1084 936 - 1140 936 - 1140 936 - 1140 982 - 1197 1032 - 1259 1032 - 1259 1032 1259 1032 - 1259 1084 - 1321 1084 - 1321 1084 - 1321 1112 - 1355 1197 1459 1289 - 1571. 1289 - 1571 1355 - 1650 1355 -1650 1355 - 1650 1355 - 1650 1388 - 1692 1388 - 1692 1388 - 1692 1388 - 1692 1495 - 1822 1495 - 1822 1495 - 1822 1495 - 1822 1495 - 1822 1533 - 1867 1610 - 1962 1610 - 1962 1610 - 1962 1610 - 1962 1692 - 2061 1734 - 2113 1734 - 2113 1734 - 2113 1778 - 2165 1778 - 2165 1778 - 2165 1778 - 216:; 1778 2l6S 1822 - 2no Sr. steno-Admin. Office personnel Asst. secretary to council secretary - Mayor Office TJcCjal Secretary sr. Lega!Secretary Administrative Aide Exec. secretary-council Exec. secretary-Admin. Exec. Secretary-Mayor Admin. Asst. To council Admin; Asst~ - Library Chief Oep. city Clerk Cemetery superintendent Chief oep. City Treas. Labor Relations Analyst Oir. Animal Control Affirmative Action Officer Personnel Analyst Convention Center Mgr. Street Maint. Supt. Asst. nir. Human Services Admin. Asst. - Mayor Principal Librarian " II 42 46 48 48 48 50 52 52 52 52 54 54 54 55 58. 61 61 63 63 63 63 64 64 64 64 67 67 67 67 67 68 70 70 70 70 72 73 73 73 74 74 74 74 74 75 Exec. Asst. -Mayor Sr. Admin. Asst. Oept. city Atty. I Exec. Asst. - council Equipment Supt. Acct'G. Mgr. Civil Service Board chief Ex. purchasing Agent Risk Hgmt. Coord. Pub. Bldg. Supt. Electrical Supt. Bldg. & Safety Supt. PaJ:k Supt. Rec. Supt. Oir; lIuman Services Oir. Personnel nir. communications Dep. .City At.ty. II st.r(~et Supt. Rcf\u;c Supt;.' J. ..1. 52. 53. 54. 55. 56. 57. , . NON .:- - Rl\NGE . L ty 'l'reasurcr ,~ltv Clerk ^",.t city Bngr. ci~y . J,ibrarian Planning Director Dir. Park & Rec. ^sst. City Attorney nir. of Finance nir. Con~unity Dev. Dir. Pub. \'lorks city Attorney city Administrator 77 77 79 79 80 83 84 84 88 91 92 95. 1914 - 2332 1914 2332 2011 - 2450 2011 2450 2061 - 2512 2220 - 2703 2275 - 2772 2275 - 2772 2512 - 3060 2703 - 3295 2772 - 3377 2985 - 3637 .' .