HomeMy WebLinkAbout22-Personnel
-
CITY OF SAN BERNIODINO - RE!QUEST FO COUNCIL ACTION
BARBARA DILLON
RESOLUTION IMPLEMENTING MEMO-
Subject: RANDUM OF UNDERSTANDING
BE'IWEEN THE CITY OF SAN
BERNARDINO AND EMPLOYEFS IN THE
MIDDLE MANAGEMENT BARGAINING
UNIT REPRESENTED BY SAN
BERNARDINO PUBLIC EMPLOYEES'
ASSOCIATION
From:
Dept:
PERSONNEL
Date:
JULY 7, 1994
Synopsis of Previous Councilection:
September 20, 1993:
The Mayor and Common Council imposed a contract on the
Middle Management bargaining unit.
April 4, 1994:
July 5, 1994:
Mayor and Common Council (Closed Session)
Mayor and Common Council (Closed Session)
Recommended motion:
Adopt resolution.
IDlIIN. OFnCE.
I .u. 94 10: 4}
0A~A.hA/7/ ~.i//~)
. Signature
Con1llct penon:
Barbara Dillon
Phone:
384-5161
Supponiilg data attached: Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notal:
75.0262
Agenda Item No AA-
CITY OF SAN BERNJCDINO - REQUEST FO COUNCIL ACTION.
STAFF REPORT
The contract with the Middle Management employees expired on December 31, 1993. The City
Team and the San Bemantino Public Employees' Association (SBPEA) held eight negotiations
sessions. At the June 23, 1994 negotiations session, both sides reached tentative agreement on
an 18-month contract. SBPEA ratified this agreement on July 7, 1994.
Attached is the Middle Management Memorandum of Understanding (MOU). The term of the
MOU is for 18 months, from January 1, 1994 through June 30, 1995.
. The economic highlights of the MOU are as follows:
S:. htrles
.
2% salary increase as of January 1, 1995.
Benefits
.
100% City-paid Long-Term Disability (Lm) insurance, as of
August 1, 1994.
· A lower City contribution rate for employees with no dependents,
effective with the next open enrollment period. The lower rate
will be tied to the "Employee Only" premium for Kaiser South.
· Sick leave pay-off, SO% of a maximum of 1,200 hours (or, 600
hours) upon resignation, death or retirement, effective June 30,
1995.
Overtime
.
Forty (40) hours of Administrative Leave per fiscal year to all
FLSA-exempt employees; straight time overtime only when the
Emergency Operations Center (EOC) is activated; equivalent time
off in the same pay period for employees who work on their day
off or for scheduled special events, subject to department head
approval. Delete the three overtime groups in the current MOU.
Several other changes were incorporated in the MOU; however, the fiscal impact of these
changes was negligible.
Attachment:
Resolution Implementing Memorandum of Understanding Between the
City of San Bernardino and Employees in the Middle Management
Bargaining Unit Reprucnted by San Bernardino Public Employees'
Association.
5-0264
I:l
o
o
1
Resolution No.
2
3 RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A
MEMORANDUM OF UNDERSTANDING BElWEEN THE CITY OF SAN BERNARDINO
4 AND EMPLOYEES IN THE MIDDLE MANAGEMENT BARGAINING UNIT OF THE CITY
OF SAN BERNARDINO REPRESENTED BY SAN BERNARDINO PUBUC EMPLOYEES'
5 ASSOCIATION.
6
7 WHEREAS the designated jej)R*liltatives of the Ma)'OJ' 8Dd ComIDOll CouIIcll inet 8Dd
8 conferred in good faith with j~tatives of San Bemardino Public Employees' M""Ci-tlon
9 (SBPEA) representing the unit of Middle Management employees of the City of San Bemantino,
10 in accordance with the provisions of Government Code Sections 3500-3510, to agree upon a new
11
Memorandum of Understanding (MOU);
12
13
14 which is attached hereto 8Dd incorporated herein) effective January I, 1994, through June 30,
15 1995.
WHEREAS such meetings resulted in agreement on an MOU {Exhibit A, a copy of
16 BE D'RBSOLVED BY THB MAYOR AND COMMON COUNCIL OFTHBClTY OP
17 SAN BERNARDINO AS POILOWS:
18
19
20 and working conditions for employees in the Middle Management bargaining unit of the City
21 of San Bernardino.
SECTION 1. Exhibit A to this resolution is hereby adopted estab1idtil\g wages, hours
22 I HEREBY CERTIFY that the fOlesui4a resolution was duly IIdopted by the Ma)'OJ'and
23 Common Council of the City of San Bernardino at a meeting tbenlof, held on
24 the day of , 1994, by the foIIowiDa WIe to wit:
25
26 1111
27,11,
28
o
o
1 RESOLtmON OF THE CITY OF SAN BERNARDINO IMPLEMENTING A
ORANDUM OF UNDERSTANDING BETWEEN THE crrY OF SAN BERNARDINO
2 AND EMPLOYEES IN THE MIDDLE MANAGEMENT BARGAINING UNIT OF THE CITY
3 OF SAN BERNARDINO REPRESENTED BY SBPEA.
AYES
NAYS
ABSENT ABSTAIN
8 HERNANDEZ
City Clerk
'l1Ie ln~ raoIution is benlby 1ppI~"oed this
day of
,
Tom Minor, Mayor
City of San Bernardino
2
\
, '
o
o
1994
-
1995
MIDDLE
MANAGEMENT
EMPLOYEES'
MEMORANDUM
OF
UNDERSTANDING
CITY OF
SAN BERNARDINO
OFFICE OF THE
DIRECTOR OF PERSONNEL
#:<d-..
\
o
o
TABLE OF CONTENTS
Definition of Terms 3
ARTICLE I ADMINISTRATION 4
Section 1 Management Rights 4
Section 2 Agency Personnel Rules 4
Section 3 Labor-Management Committee 5
ARTICLE n EMPLOYER-EMPLOYEE RELATIONS 5
Section 1 Recognition 5
Section 2 No Strike 6
Section 3 Payroll Deduction 6
Section 4 Grievance Procedure 7
Section 5 Non-Discrimination 9
Section 6 Employee Rights 9
Section 7 Classification 10
Section 8 Bulletin Boards 10
Section 9 Access to PersoMel Records 10
ARTICLE m COMPENSATION 11
Section 1 Wages 11
Section 2 Acting Pay 11
Section 3 Shift Differential 11
Section 4 Wage Differential 12
Section 5 PERS 12
Section 6 Overtime 12
Section 7 Fines 13
ARTICLE IV FRINGE BENEFITS 13
Section 1 HeaIthlLife Insurance 13
Section 2 Unifonns 14
Section 3 Tuition Reimbursement 14
ARTICLE V LEA YES 17
Section 1 Vacation 17
Section 2 Holidays 18
Section 3 Sick leave 20
Section 4 Payment for Unused Sick Leave 22
Section 5 Injury Leave 22
Section 6 Leave of Absence Without Pay 23
Section 7 Witness Leave 24
Section 8 Blood Donations 25
1
Mid-Manogemenr MOU
,
ARTICLE VI
Section I
Section 2
Section 3
ARTICLE VII
Section I
Section 2
Section 3
Section 4
Section 5
EXHIBITS
Exhibit I
Exhibit 2
Exhibit 3
o
o
WORKING CONDmONS
Physical Examinations
Seniority
Probationary Period
2S
2S
25
26
26
26
26
27
27
27
GENERAL PROVISIONS
Waiver Clause
Severability
Printing of Memorandum of Understanding
Term of Memorandum of Understanding
Notice of Intent to Reopen
Side Letter to Agency PersoMel Rules
Authorization for Checkoff for Union Dues Form
Resolution 6413, Section Eleven:
"Middle Management Employees"
2
Mid-MQ1IQgemelll MOU
~
ClsUlbfica.tion:
~
Exclusions:
Middle-
Manlleement
1lnit.
Mandator,y and
PermIssIve:
MOU:
Union:
o
o
DEFINITION OF TERMS
The City of San Bernardino.
Includes titles listed in Section Eleven of City Resolution No. 6413, as
amended.
As it pertains to a holiday, sick leave day, or a vacation day, one (1)
.day. equals eight (8) hours, unless otherwise specified.
Excluded from the Middle-Management Unit for purposes of representa-
tion are: Classification titles designated as management/confidential,
general, or safety, positions established and created under Federal
contract, and, temporary, part-time provisional and probationary
individuals.
Includes titles listed in Section Eleven of City Resolution No.6413, as
amended. Additional titles in the Middle-Management Unit may be
established by the Mayor and Common Council. Also reference
.Exclusions. above.
.Shall. is mandatory; .may. is permissive.
Memorandum of Understanding.
The exclusive bargaining representative for the Middle-Management Unit.
3
Mid-MOlUlgemelll MOU
o
o
ARTICLE I
ADMlNISTRA nON
Section 1
Mall8&ement Ri&hts
This MOU shall not be deemed to limit or curtail the City in any way in the exercise of
the rights, powers, and authority which the City has prior to entering into this understanding
except to the extent that the provisions of this MOU specifically curtails or limits such rigbts.
powers, and authority. Furthermore, the City retains all its exclusive rights and authority under
City Charter, Ordinances, Resolutions, State and Federal Law, and expressly and exclusively
retains its management rights, which include but are not limited to: the exclusive right to
determine the mission of its constituent departments, commission, and boards; set standards of
selection for employment and promotions; direct its employees; establish and enforce dress and
grooming standards; determine the methods and means to relieve its employees from duty
because of lack of work or other lawful reasons; maintain the efficiency of governmental
operations; determine the methods, means and numbers and kinds of personnel by which
government operations are to be conducted; determine the content and intent of job
classifications; determine methods of financing; determine style and/or types of City-issued
wearing apparel, equipment or technology, means, organizational structl1re and size and
composition of work force and allocate and assign work by which the City operations are to be
conducted; determine the change and the number of work locations, relocations, and types of
operations; processes and materials to be used in carrying out all City functions including, but
not limited to, the right to contract for or subcontract any work or operations of the City; to
assign work to and schedule employees in accordance with requirements as determined by the
City and to establish and change work schedules and assignments upon reasonable notice,
establish and modify productivity and performance programs and standards; discharge, suspend,
demote, reprimand, 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 to .carry out its mission in emergencies, and
to exercise complete control and discretion over its organization and the technology of
performing its work.
Section 2
Ag~DCY Personnel Rules
It is understood and agreed that there exists within the City in written or unwritten form,
certain personnel rules, policies, practices, and benefits generally contained in the "Civil Service
rules and Regulations for the Classified Service"; Resolution No. 6433, as amended; Resolution
No. 10584, Establishing Uniform and Orderly Methods of Communications between the City
and its Employees for the Purpose of Promoting Improved Employer-Employee Relations, as
amended; and Resolution No. 10585, Adopting Rules and Regulations, relating to Employer-
4
Mid-MOlUlgemelll MOU
..
o
o
.,
Employee Relations, as amended, which documents will continue in effect, except for provisions
modified by the City Council in accordance with lL~m&'1 State laws, orders, regulations,
official instructions or policies.
The City may adopt, change or modify work rules. Whenever the City changes work
rules or issues new work rules, it will post them on departmental bulletin boards ten (10)
working days prior to their effective date, except in emergency situations. A copy will be sent
to SBPEA at the beginning of the ten (10) day period, in order that SBPEA may meet and confer
regarding such rules with the City before they become effective, if SBPEA so requests.
(Reference Side Letter - Exhibit #1)
Section 3
Labor-Management Committee
The Labor-Management Committee shall be established for the purpose of discussing
common problems that are not addressed in other existing procedures. The Union and the City
sha11 each designate up to three (3) representatives to serve on the Committee from different
departments. The Committee will select a chairperson who will be responsible for receiving
items, establishing agel1das and informing participants of the time and place of meetings. The
Committee shall normally meet at least quarterly or may meet more often if necessary at a
mutually agreed upon time and place. The Union will provide a list of the Committee members
to the Director of Personnel each January and July.
ARTICLE II
EMPLOYER-EMPLOYEE RELATIONS
Section I
Recognition
Exclusive recognition of the Union is acknowledged for purposes of meeting and
conferring on wages, hours and working conditions, and of general representation of employees
within the unit of representation. The classification titles of those Middle-Management
permanent employees in the unit for which the Union has been recognized exclusively as the
majority representative are listed in Resolution 6413, Section Eleven, as amended, and as
subsequently so designated as determined solely by the City; excluding therefrom positions
regarded as temporary, part-time and seasonal; titles and positions established and created under
Federal contract, and those employees while under provisional or probationary status.
5
~ I.b~ "lilt' cJ
t/!sh-I"IJJt/d ~/ll/)IC 10
/ , Mld-Manafement MOU
l)tld4111.j
#LL
o
o
The granq of "exclusive" recognition shall not preclude employee self-representation
in matters when: individual rights, protections, and concerns are involved; provided however,
the representation rights of the Union as exclusive representative shall not be compromised
thereby.
Section 2
No Strike
It is the puipose of this MOU for the parties hereto, to confirm and maintain the spirit
of c:ooperatioo wbidI has existed between the City of San Bernardino and the employees of the
City. It is fIWlgJIi-' that any work disruptions are unproductive to City operations and services
provided its citizens. The Union and the City agree that they shall at no time nor 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 ~on of work. Should any curtailment or restriction of work take place,
paid leave benefits (sick leave, vacation, etc.) will not be available during such periods of time.
Section 3
PayroD Deduction
It is agreed that Union membership dues, insurance, and premiums for plans sponsored
by the Union shall be deducted by the City from the pay warrant of each employee covered
hereby who files with the City a written authorization requesting that such deduction be made.
Remittance of the aggregate amount of all membership dues and insurance premiums deducted
from the pay warrants of employees covered hereby shall be made of the Union within 30 days
after the conclusion of the month in which said membership dues and insurance premiums were
deducted.
The City shall not be liable to the Union employees, or any other persons by reason of
the requirements of this Section for the remittance of any sum other than that constituting actual
deductions made from employee wages earned. The Union shall hold the City harmless for any
and all claims, demands, suits, orders, judgments or other forms of .liability that may arise out
of or by reason of action taken by the City under this Section. .
Dues deduction shall be a specified uniform amount for each SBPEA member. Any
change in the amount of dues deducted shall be by written authorization from the Union with
30 days' notice to the City Finance Department of any change in the amount of dues to be
deducted.
6
Mid-MQ1I(lg~lII MOU
.
o
o
All unit members who were members of SBPEA on January I, 1994, and those
employees who thereafter become members shall remain as SBPEA members in good standing
for the duration of this MOU, except as provided herein.
During the first full week of April, members may request in writing to the Finance
Department, with a copy to SBPEA, to withdraw their authorization for dues deduction, which
sha1I become effective at the beginning of the first payroll period in June. (Reference:
"Authorization for Checkoff for Union Dues" - Exhibit #2)
Section 4
Grievance Procedure
PuIpOse: The City of San Bernardino and the Middle-Management Unit realize the
importance of a viable Grievance Procedure to aid in the resolution of disputes. It is recognized
that, to maintain high employee morale and harmonious relations, an orderly method of
processing. grievances is necessary. This procedure is intended to establish a systematic means
to process a grievance and to obtain fair and proper answers and decisions regarding employee
complaints. The representative of employees and management at all levels will make continuing
efforts to secure prompt disposition of grievances. Every effort should be made to resolve
grievances in the informal process.
The initiation of a grievance in good faith by an employee sha1I not cast any adverse
reflection on hislher standing with hislher supervisors or hislher loyalty as a City employee, nor
be a reflection on the employee's supervisor or the department involved.
Definition of a Grievance: A grievance is an alleged violation of the terms of this MOU.
If the employee chooses to appeal disciplinary action to the Civil Service Board, he/she shall be
precluded from filing a grievance. The remedy selected shall be the exclusive remedy pursued,
either through the grievance procedure used under this MOU, or through the appeal to the Civil
Service Board.
Additionally, allegations of discrimination or harassment may be submitted to the
Affirmative Action Officer.
As used in this procedure, the term "immediate supervisor" means the lowest level of
supervisor not within the Middle-Management representation unit.
Re,presentation: The aggrieved employee sha1I have the right to be represented. This
representation may commence at any step in the Grievance Procedure. Legal Counsel or official
representatives of the recognized employee organization lil'fR represent the employee. No
person hearing a grievance need recognize more than one City employee representative for any
employee at anyone time, unless he/she so desires. If the employee's Legal Counsel is not
from the formally recognized employee organization, a representative of that formally recognized
7
Mid-Management MOU
""",-.."w
o
o
organization may attend the grievance hearing to insure that the solution reached does not violate
the terms of the MOU.
Consolidatioo of Grievances: In order to avoid the necessity of processing numerous
similar grievances at one (I) time, a single grievance may be filed.
Time' jmlllltinn: Time limitatioos are established to settIe a grievance quickly. Time
limits may be modified by agreement of the parties. If at any stage of this grievance procedure
the grievant is dissatisfied with the decision rendered, it shall be the grievant's responsibility to
initiate the action which submits the grievance to the next level of review. The grievant may
PUA-d to the nen step if a reviewing official does not respond within the time limits specified.
A formal grievance may be entered into or advanced to any step if the parties jointly so agree.
Stq)s in The Grievance PrntoMlJre: The procedures outlined herein constitute the
informal and formal steps necessary to resolve an employee's grievance. An attempt to settle
the grievance in the informal structure at the employee-supervisor level is required. The
grievance must be submitted to the Informal Step withiil ten (10) working days of the incident
or of the grievant's knowledge of the incident's occurrence.
A. Informal: Initially, the grieving employee shall, on a personal face-to-face basis,
discuss hislherc:omplaint with hislher immediate supervisor informally. Within ten (10) working
days the supervisor shall give hislher decision to the employee orally. The date and the subject
of the incident sbouId be provided with the request for the informal meetin&. The supervisor
will document 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 his/her designated representative
to the Department Head within the next ten (10) working days. The Department Head shall
meet with the employee anellor hislher designated representative within ten (10) working days
of receipt of the written grievance and shall deliver hislher answer, in writing, to the employee
within ten (10) working days after the meeting.
2. If the grievance is stilI not adjusted, the aggrieved party may file a written
appeal with the Director of Personnel within ten (10) working days from the date of delivery of '
said answer. The Director of Personnel or hislher designee shall meet with the employee, and,'
if the employee desires, the designated Union representative, within ten (10) working days aftec
receipt of the appeal and shall deliver hislher answer, in writing, to the employee within ten (10)
working days after the meeting.
8
Mid-Managemelll MOU
""€~
o
o
3. If the grievance is still not adjusted, the aggrieved party may file a written
appeal with the City Administrator within ten (10) working days from the date of delivery of
said answer. State in writing the complaint and the desired result. The City Administrator may
meet with the employee and, if the employee desires, the designated Union representative, within
ten (10) working days after the receipt of the appeal and shall deliver hislher answer, in writing,
to the employee within ten (10) working days aftec the meeting. The City Administrator's
decision is final and binding OIl all parties, unless reversed by a court decision.
4. Any grievance not answered by the City within the specified time limits
listed above shall be deemed settled on the basis oftbe Union's original demand. likewise, any
grievance not answered by the Union as above shall be deemed settled on the basis of the City's
last official answer.
s. Time limits, as stated above in Items 1-4, may be extended by mutual
agreement of the employee, hislher representative (if any) and the City.
Section 5
Non-DlscrimlDatlon
The City and the Union agree that there shall be no discrimination against employees
within the bargaining unit because of race, color, creed, religion, national origin, sex, age,
marital status or Union membership.
Further, there shall be no discrimination against 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 6
Employee Rights
A. Employees of the City have the right to form, join and participate in the activities
of employee organizations of their own choosing for the purpose of representation on all matters
of employer-employee relations, including, but not limited to: wages, hours and other terms and
conditions of employment. Employees of this City also shall have the right to refuse to join or
participate in the activities of employee organizations and shall have the right to represent
themselves individually in their employment relations with the City. No employee shall be
interfered with, intimidated, restrained, coerced or discriminated against by the City or by
employee organizations, because of the exercise of these rights.
9
Mid-MQ1IQgemenl MOU
L
-.'L"W~
o
o
B. The City, through its representatives, shall meet and confer in good faith with
representatives offonnally recognized employee organizations regarding matteIs within the scope
of representatiOll, including wages, hours and other tenns and conditions of employment.
SectiOll 7
CIassUlcatloa
Classification review is a management tool to ensure the accurate reflection of tasks and
duties in each City position for the purpose of recruitment, compensatiOll IIId organizatiooal
structuring. The City sha1l notify SBPEA in writing on all classific:atioos and changes to
classifications to this unit within ten (10) working days after such changes have been approved
by the Mayor and Council. New and revised classification specifications shall be sent to SBPEA
within the same time frame.
Section 8
Bulletin Boards
The City will furnish a reasonable portion of existing bulletin board space in each
department/division for the purpose of SBPEA posting notices of pertinent SBPEA business.
SBPEA agrees that nothing libelous, obscene, defamatory or of a partisan political nature sha1l
be posted. In the event that there is a dispute arising out of the pertinency of any literature
posted, the City Administrator or designee sha1l meet with the SBPEA labor relations
representative to resolve the problem as soon as possible.
Section 9
Access to Personnel Records
The City's PersoMel Department shall keep and maintain an official personnel file for
each employee. PersoMel files are confidential.
Employees, or their authorized representatives, shall have the right, upon request, to
review the contents of their official persoMel files. Such review may be made during normal
working hours with no loss of pay for time spent, and the employee may be accompanied by
bislher authorized reprGSClltative, if helshe so wishes. Employees desiring to review such
records shall make their requests in writing through the Department Head to the Personnel
Department, if it is 011 City time.
Letters of reference and other matters exempted by law shall be excluded from the right
of inspection by the employee.
10
Mid-Management MOU
j L
_7":.,...."._
o 0
ARTICLE m
COMPENSATION
Section 1
Wqes
Salaries are per Resolution No. 6413, Section Eleven, as amended by the Mayor and
Common Council. Exhibit #3 is a copy of the resolution.
A two percent (2%) salary increase shall become effective January 1, 1995, for all
members.
Section 2
Acting Pay
A Middle-Management employee who is assigned acting (complete) responsibility in the
absence of hislher superior by the Department Head and approved by the City Administrator
shall be paid for same as follows:
The rate of pay shall be a step on the range of the higher position which allows the
"acting" employee at least a 3 % increase. The employee shall be paid from the first day of such
assignment. To qualify for such acting pay, the Middle-Management employee must be assigned
to same for at least 30 consecutive working days.
The pwpose of this Section is to compensate a Middle-Management employee during
extended absences or vacancies of Division/Department Heads, when the Middle-Management
employee has been formally assigned "acting" capacity. It is not the purpose of this Section to
provide such compensation for vacation relief, under 30 days, or for limited/short term absences.
Section 3
Shift DifI'erential
Effective the first full pay period in January 1994, all employees within the bargaining
unit assigned to the communications division, shall receive the following pay differential, in
addition to their regular base rate of pay, for actual "shift work" designated as either the
"swing" or "graveyard" shift.
A. An employee assigned to the "swing" shift (normal start and ending time of 4:00
p.m. to 12 midnight, respectively) shall receive 35<: per hour extra for all hours actually worked
during such assignment; or,
11
Mid-MQ1/Qgemelll MOU
-"-'~."
o
o
B. An employee assigned to the "graveyard" shift (normal start and ending time of
12 midnight to 8:00 a.m., respectively) shall receive 45C per hour extra for all hours actually
worked during such assignment.
Section 4
Wale Differential
All Mid-Managers shall receive payment at the step in the salary range which is not less
than 5 % above his or her highest paid subordinate.
Section 5
PERS
The City will continue to contract with PERS for the existing retirement benefit plan,
and will contribute all of the 7% employee contribution.
Section 6
Overtime
Administrative Leave: Unit employees will receive 40 hours of Administrative Leave
on July 1st of each year this MOU is in effect. Unused Administrative Leave may not be
carried forward from year to year and shall not be paid for at any time. Employees receiving
Administrative Leave shall not earn any additional time off or other compensation for overtime
work, except as described below. .
Emergency OJ)Crations Center lEOC): The City will pay straight time overtime to unit
members assigned to work beyond their regular shifts, when the City's Emergency Operations
Center (EOC) is open, when such assignments result from a Federal or State-declared disaster
declaration, and when the overtime worked is expected to be reimbursed to the City by Federal,
State and/or other funding sources.
Fluctuatine Schedule: In the event that Unit members must work beyond their regular
shift or must work on a regularly scheduled day off to provide support for prescheduled special
events, the Department Head or designee has the discretion to implement a fluctuating schedule,
whereby the employees will work on the prescheduled special event, in exchange for equivalent
time off during the same pay period. Each Department Head shall consider any request of an
employee as to preference for taking the equivalent time off.
12
Mid-ManagemellJ MOU
~-::1\';"R.-.
o
o
FLSA: Article m, Section 6, shall not apply to the following positions covered under
the Fair Labor Standards Act (FLSA): Dispatcher Supervisor; and, Fire Equipment Shop
Supervisor.
Only hours actually worked shall be counted for purposes of calculating eligibility for
overtime compensation, as appropriate. Approved witness leave and jury duty, as set forth in
the MOU, wiD be counted as actual hours worked.
Section 7
FInes
The City shall pay for court fines imposed upon each regular Middle-Management
employee within the unit of representation as a result of hislher conviction of a traffic violation
when such employee was directed to operate any faulty vehicle or vehicular equipment, which
was the proximate cause of a mechanical or other traffic violation, provided that such violation
did not result from improper or negligent operation of the vehicle on the part of the employee.
ARTICLE IV
FRINGE BEl\I~IIS
Section 1
HealthlLlfe Insurance
A. The City shall contribute monies toward health premiums for the employee plus
one dependent. at the rate equivalent to the Kaiser South premium. In addition, the City will
provide payment at the rate of the Mission Dental (Denticare) high option plan or its equivalent,
for the employee plus one dependent. The City's contribution will change to equal the cost in
the Kaiser South premium and the Mission Dental (Denticare) high option plan or its equivalent,
during the tenn of the MOU.
Effective with the next open enrollment period (the next open enrollment after
May 1994), the City shall contribute the rate equivalent to the Kaiser South premium for
employee ooIy and the Mission Dental (Denticare) high option plan or its equivalent for
Employee Onl~, .for employees with no dependents.
Insurance benefits available for purchase by employees include medical, dental,
vision, life, long-tenn disability and accidental death and dismemberment, as made avai1ab1e
through the City. Any contribution not utilized by an employee shall revert to the City.
B. An employee must purchase medical insurance offered by the City in order to
utilize any of the contributions described in Article IV, Subsection A.
13
Mid-Management MOU
,.".. <:I~L
o
o
C. In addition to the contribution described in Article IV, Subsection A, the City
shall contribute a maximum of $16 per month per employee to be used exclusively for the
purchase of medical insurance benefits.
D. The Accidental Death and Dismemberment (AD&D) plan in effect at this time
shall remain in effect for the term of this agreement.
B. Cafeteria monies may be redesignated or a change of plans may be made only
during the open enrollment period, in accordance with the rules established by the insurance plan
selected by the employee. Plan additions and drops shalt be made in accordance with the rules
established by the insurance plan selected by the employee.
F. All employees shall participate in the City-sponsored long-term disability (LTD)
insurance plan. The City will pay lOO~ of the LTD disability insurance plan premium for
employees during the length of this contract, effective August 1, 1994. Up until that date, the
City will pay SO~ of the LTD insurance plan premium for employees.
Section 2
Uniforms
If an employee is required to wear uniforms, or any type of safety or protective devices
as a condition of employment, such uniforms or protective devices shall be fumisbed to the
employee at no cost to the employee. The City will maintain work clothes that are laundered.
The City reserves the right to determine the manner in which the work uniforms and
protective devices are provided, to select the uniform rental service (as applicable) and to select
the style and color of the uniforms/protective devices.
Section 3
Tuition Reimbursement
A. P\u1lOse
1. To encourage the employees of the City of San Bernardino to take college
courses and special training courses which will better enable them to perform their present duties
and prepare them for increased responsibilities.
training.
2. To provide financial assistance to eligible employees for education and
3. To establish eligibility requirements, conditions and procedures whereby
such assistance may be provided.
14
Mid-Management MOU
".f:.~. ".. ~
o
o
B. Elieibility
1. Applications for tuition reimbursement will be considered only from unit
members/employees who have completed probation.
2. Reimbursement is not authorized for courses for which the employee is
receiving financial assistance from other sources such as the 01 Bill, SchoImhips, etc.
3. Applications will be approved only for courses directly related to the
employee's job or directly related to a 'promotional position in the employee's occupational
specialty.
4. Courses not ostensibly related to the employee's job, but which are
required to qualify for a degree that is directly related to hislher job may be reimbursable only
after all required occupationally related courses have been completed.
S. Prior to receiving tuition reimbursement, employees must submit
documentary proof of having received a grade which is consistent with the City's affirmative
action policy. Currently, this is a .C. grade. Ifobjective ratings are not rendered for a specific
course, then a certificate of successful completion must be submitted.
6. Approval will be limited to courses given by accredited colleges and
universities, city colleges or adult education courses under the sponsorship of the Board of
Education. Worbbops, seminars, conferences and similar activities not identifiable as a formal
course of instruction within the curriculum of a recognized educational institution, do not fall
within the purview of this program, but may be authorized and funded by the tuition
reimbursement fwtcIs with the approval of the Department Head and the City Administrator. No
mail-order courses will be approved.
7. When an employee is required by his or her Department Head to attend
a particular course or seminar, the expense shall be borne entirely by the department, outside
of this Section.
C. Reimbursement
1. Reimbursement will be for the cost of tuition or registration fees and the
required textboob for each course. Additional expenses such as meals and parking fees are not
reimbursable. '
2. Costs for required texts are eligible for 100" reimbursement, and the
employee may retain the book(s).
IS
Mid-Manogemenl MOU
ill
--c--~
o
o
D. Procedures
1. An employee who desires to seek tuition reimbursement under the
provisions of this Article must complete, in triplicate, a City Education Reimbursement fonn and
submit it to his/her Department Head for advance approval.
2. The Department Head will recommend approval or disapproval, based on
job relatedness, and forward the Educational Reimbursement form to the Director of Personnel.
3. The Director of Personnel will recommend approval or disapproval based
on availability of budgeted funds for education tuition assistance and forward to the City
Administrator for final action. One (1) copy will be returned to the employee; a copy will be
returned to the department. It is necessary that the applicant accomplish the procedures so far
described in order to ascertain the eligibility of the intended course of instruction for
reimbursement under the provisions of this Section prior to the inception of the course.
4. The employee will submit his or her copy of the approved application for
reimbursement within 60 calendar days after the completion of the course and final grade has
been received. The employee must include official verification of hislher final grade with
appropriate receipts for tuition and textbook costs. These will be returned to the employee upon
request. Applications not submitted to the Personnel Department within the established time
frame following completion of the course become void.
s. Upon receipt of the application and required documentation, the Petsonnel
Department will determine whether the completed course of instruction is compatible with the
provisions of Subsections B and C of this Section. If found to be compatible and funding
available as described in this section, the PersoMel Department will compute the amount of
reimbursement, authenticate the application and forward it to the Finance Department with
authorization to reimburse the employee the approved amount.
6. All approved reimbursement forms must be returned to Personnel, if the
employee/student does not complete course.
16
Mid-Management MOU
o
o
ARTICLE V
LEA VFS
Section 1
Vacation
A. All employees covered by this MOU sba11 be entitled to paid vacations as follows:
. . Completed Years of
Continuous Service ·
Rate of Accrual
Per ~ Period
Equivalent Hours
Per Year
1 year**
5 years
15 years
20 years
3.333 hours
5.0 hours
6.667 hours
8.33 hours
80 hours
120 hours
160 hours
200 bours
*
Service year begins on initial date of employment in a full-time regular
status.
**
No vacation granted or accrued, if service is less than one year.
B. The amount of accrual shall not exceed the specified number of hours granted
each year.
C. Employees shall not be permitted to work in their City position in lieu of taking
vacation in order to receive additional compensation.
D. Except as provided herein, vacation time shall not accumulate or be allowable or
payable beyond the calendar year when due. Vacation credits may be accrued and accumulated
up to a maximum of two years total accumulated vacation credits, upon approval of the
Department Heael. 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 (1) year's
vacation and the commencement of the next year's vacation.
The vacation period to which any employee shall be entitled shall be assigned by
the Department Head in the calendar year when due, except with the Department Head, with the
approval of the Mayor, determines that an emergency or other valid factors prevent the
employee from utilizing 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.
Vacation requests will not be unreasonably denied.
17
Mid-MQl//lgemelll MOU
o
o
E. Upon termination, payment for earned but unused vacation or deduction for used
but unearned vacation shall be made on the basis of the hourly rate of pay being received by the
employee on the date of separation.
k
F. When an employee returns to work after a break in .continuous service. as
defmed in Resolution No. 6433 as amended, and when such break in .continuous service" shall
have been by leuc of absence with the approval of the Mayor and Common Council, vacation
time shall not accrue during 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
, service of the employee.
G. Whenever the terms .year or years of employment. appear herein, it shall be
deemed to include all services for the City of San Bernardino City Board of Water
Commissioners, and the San Bernardino Free Public Library Board. Years of employment do
not refer to participants in federally-funded temporary programs, e.g., Job Training Partnership
Act (ITPA).
H. The employee shall not lose any vacation time off due to action by the City.
I. Vacation credits may be taken off in increments of four (4) hours, with prior
Department Head approval, unless Department work rules permit use in lesser increments.
Section 2
HoUdays
A. Ci~-Desienated Holidays: AU full-time employees within the bargaining unit,
with the exception of those emploYees mentioned in the following paragraphs shall be entitled
to 11 City-designated holidays, the equivalent of 88 holiday hours, each year. The following
days will be holidays for the purpose of this MOU:
New Year's Day
Martin Luther King Jr. Day
Memorial Day
Independence Day
Labor Day
Traditional Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve Day
Christmas Day
New Year's Eve Day
Plus 16 hours of Holiday Account time, per year (see Subsection B).
18
Mid-Managemelll MOU
o
o
AU fun-time employees within the bargaining unit, with the exception of those
employees shown in the following paragraph shall be allowed the above holidays at fun pay
when such holidays occur within the regularly assigned working periods provided they are in a
paid status during any portion of the working day immediately preceding or sucx:eeding the
holiday.
B. HnlitI,.y AlY!nI.nt: Effective each January 1st, unit employees will receive 16
hours in their Holiday Account (formerly known as Floating Holidays). Employees may have
more than 16 hours accrued in their Holiday Account, but may only carry over a total of 16
hours of holiday time to the next ca1endar year. Any Holiday Account hours over 16 hours on
December 31st of each year, will be lost hours.
If a holiday falls on a nine- or len-hour work day, the employee will be paid eight
(8) hours holiday pay. The employee may supplement the holiday with accrued vacation,
holiday account time, or no pay.
If a holidays falls on a day off, the employee will accrue eight (8) hours of
holiday time, which will be placed in the employee's Holiday Account to be used by the
employee at a later date.
F.ach Department Head shall consider employees' requests for scheduling the 16
Holiday Account bours, per calendar year, provided however, the fmal right to allot the hours
to be observed is reserved exclusively by the Department Head. The Department Head will not
unreasonably withhold permission to take time off.
On City-designated holidays, new employees with less than six (6) months of
continuous service with the City will receive eight (8) hours of holiday pay and will be able to
"draw down" one or two hours from their holiday account, depending upon whether they are
working a 9/80 or a 4/10 schedule. They may also elect to take one (1) or two (2) hours of no
pay.
If new employees elect to "draw down" from the holiday account, the hours used
will be deducted from the 16 holiday account hours they receive upon the completion of six (6)
months of continuous service.
In the event of an eligible employee's failure for any reason to take such holiday
account hours during the term of this MOU, the employee shall be paid for hislher holiday
account balance upon separation from the City.
C. Employees who, due to scheduling, must work on a recognized City holiday, will
be compensated on the basis of the number of hours worked on said holiday. excluding
lunch/dinner break. The hours accruing to the employee's holiday account for that day shall not
exceed eight (8) hours.
19
Mid-MQ1JQgemelll MOU
o
o
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 time off or pay is to be received shall be based
on the availability of funds and needs of the department, as determined by the Department Head.
If in-lieu time off is directed by the Department Head, it may be added to the regu1ar annual
vacation period but must be taken within one (I) year of the date said in-lieu time was earned.
Employees of the Public Services (Refuse) Division, except clerical employees, and certain
designated employees of the City Garage needed to support the Public Services (Refuse) Division
operations, sbaII enjoy all the holidays listed above as they occur except, November II, the
Friday after Thanhgiving Day, and the holidays observed the day before Christmas and the day
before New Year's Day. Said employees shall receive an additional day's pay for each such
holiday on which they are required to work. If such holidays occur on a normal day off for said
employees, they shall receive no additional pay.
D. Holidays as listed above shall be allowed on a Monday if any such holiday falls
on Sunday, and shall be allowed on the preceding Friday, if such holiday falls on a Saturday,
for all employees except those covered by other provisions therein.
At the beginning of each calendar year, the City will determine how many of the
above holidays fall 01\ a regularly scheduled day off. An employee working 011 a 9/80 or a 4/10
schedule will accrue the equivalent number of hours of holiday time (.holiday account.), with
one (I) holiday equivalent to eight (8) hours.
E. Holidays earned in any 12-month period may not be accumulated beyond the total
number of holidays allowed each year by this MOU.
Section 3
Sick Leave
A. Definition: Sick leave means the absence from duty of an employee because of
illness or injury, exposure to contagious disease, attendance upon a member ofhislher immediate
family who is seriously ill and requires the care of or attendance of, an employee, or death in
the immediate family of the employee. Immediate family means: husband: wife: grandmother:
grandfather; mother; father; sister: brother; son or daughter or mother-in-law; father-in-law;
sister-in-law; brother-in-law: son-in-law or daughter-in-law.
Sick l....ve USlIfe for Family Members: Not more than 40 hours of sick leave
within any calendar year may accrue to an employee for the care of or attendance upon members
of their immediate family. Not more than 40 hours of sick leave within any calendar year may
be granted to an employee for each absence due to death of a member of hislher immediate
family as dermed above.
20
Mid-M(J1/Qgemenr MOU
o
o
Sick T ...ve Usaee for Employees: Upon the department's request, an employee
must provide a physician's statement to justify a sick leave of 40 consecutive hours or longer.
If the Department Head finds with just cause, that sick leave is being abused, the employee may
be ~uired to submit a physician's statement after any absence.
No absence due to illness or injury in excess of 40 hours shall be approved except after
the praentalion of salisfactory evidence of illness or injury; and a certific:aIe from a practicing
physician or an authorized practicing chiropractor approved by the Mayor and Common Council
may be required by the Department Head and shall be subject to hisIher approval conceming
said 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 or 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 the designated physician stating that an employee is physically or psychologically
able to perform hisIher work and duties satisfactorily before permitting an employee who has
been on sick leave to return to work.
In order to receive compensation while absent on sick leave, employees shall notify their
immediate supervisor or designee prior to, or within 30 minutes of, the time set for beginning
their daily duties, or u may be specified in department/division work rules. When absence is
for more than one (I) work day, the employee may be required to file a physician's certificate
or a personal affidavit with the Director of Personnel stating the cause of the absence. Sick
leave with pay shall be granted to all regular employees and to all temporary full-time employees
whose positions are funded under federal law who are regularly employed in permanent or
federally funded positions if such benefit is required by said federal law. Sick leave shall not
be considered as a right which an employee may use at hislher discretion, but shall be allowed
only in case of necessity and actual personal sickness or disability, except as otherwise provided
herein.
Whenever an employee is compensated hereunder for sick leave or injury and has not had
a vacation at the end of the current calendar year, he/she shall be allowed to take his/her
vacation in the next calendar year, but must take said vacation prior to the time he/she returns
to work after hislher illness or injury.
Whenever the term "service of the City" appears herein, it shall be deemed to include
all service of the City of San Bernardino, the San Bernardino Board of Water Commissioners
and the San Bernardino Free Public Ubrary Board.
B. All full-time regular employees who have completed the first six (6) calendar
months of continuous service with the City shall be granted a sick leave accumulation of 48
21
Mid-Managemelll MOU
o
o
hours. After six (6) months or more of continuous service, employees who are compelled to
be absent from work on account of illness or injury, other than that which is compensable under
Article V, Section 5, shall be compensated for sick leave, provided that such compensation shall
cease upon the exhaustion of all accumulated sick leave. Employees shall not accumulate sick
leave while compensated under the provisions of Article V, Section 5.
In the event an employee is compensated for less than 50% of the total normal work
hours in the pay period, he/she shall _no sick leave for such pay period and shall not be
credited with the 4.0 hours of sick leave.
Whenever the employee uses all allowable sick leave, further absences may be charged
against accrued vacation or administrative leave (if eligible), upon approval of the Department
Head. If all allowable sick leave has been used, and use of accrued vacation and/or
administrative leave is disapproved, the employee will take loss of pay for the time not covered
by allowable sick leave.
Section 4
Payment for Unused Sick Leave
Unused sick leave is payable at any resignation without prejudice (including death and
retirement) up to a maximum of 50% of a 1,2OQ-hour cap, effective June 30, 1995. Prior to
June 30, 1995, unused sick leave is payable up to a maximum of 50% of a 960-hour cap.
Section 5
Injury Leave
All regular employees shall be granted industrial accident or illness leave for the first
three (3) calendar days of their disability. Effective with the fourth day of necessary absence
for such illness, each employee shall be authorized, upon their request, to utilize any balance
of their accumulated sick leave credits to augment the amount of temporary disability they
received, to the extent the total sum received will result in a payment equal to their normal
compensation. The utilization of sick leave for this purpose shall end with the termination of
the temporary disability or when the accumulated sick leave credits have been exhausted,
whichever occurs fIrst.
When employees sustain what they believe to be an industrial injury or illness, they shall
request an "Employee Claim for Workers' Compensation Benefits" form from ~ su~r.
The supervisor is required to give the employees this form within one (I) Woitingday arllle
City being notified of the injury. Supervisors will log date and time employees given form on
Supervisor's Report of Injury. Employees must return Employees' Claim form to supervisor
to begin the process for ruing an indus~ 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
22
Mid-Management MOU
o
o
the department/division staff shaII prepare the required report.
The employee has the right to be examined and treated by a physician of his/her choice,
within the required time, of the alleged injury or illness, as required by the California Labor
Code.
The City shaI1 bave the right to require the employee be --mined by a pbysician
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 employee and the
physician selected by the City, a third physician shall be mutually agreed upon between the
employee and the City to examine the employee, to assist in making ~sary medical
determinations.
If an employee is receiving disability payments, the person shall be entitled to use only
as much sick leave or vacation as, when added to the disability payments, will provide for a full
day's pay.
Section 6
Leave 01 Absence WIthout Pay
Leave of absence without pay is a temporary, nonpay status and absence from duty
granted at the request of the employee. Leave of absence without pay may be granted by the
Mayor and Common Council for a period not to exceed six (6) months, upon the positive
recommendation of the Department Head and City Administrator. Under justifiable conditions,
said leave may be extended by the Mayor and Common Council 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 (1) of the following benefits will result: increased job ability,
protection or improvement of the employee's health, retention of a desirable employee, or
furtherance of a program of interest to the City. Examples or conditions for which leave of
absence without pay may be granted are:
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
bislher duties.
C. For an employee who ftIes for or assumes elected office.
D. For maternity or paternity leave, upon the recommendation of the attending
physician.
23
Mid-Managemelll MOU
o
o
E. For military leave when the employee has less than one (1) year of service to
qualify for leave with pay.
An approved leave of absence without pay for less than 60 days in any calendar year will
not be considered a break in service. Leave in excess of 60 days shall result in the advancement
of the employee's anniversary date and compensation advancement date to such date as will
account for the total period of uncompensated time off. Failure to return to duty at the
expiration of the approved leave of absence without pay shall constitute an automatic resignation.
The City's contribution towards an employee's health and life insurance premiums will
not be extended beyond the last day of the month in which a leave of absence without pay begins
if the leave of absence without pay becomes effective during the first 15 days of the month, nor
beyond the last day of the next succeeding month if the leave of absence without pay becomes
effective after the fifteenth day of the month, unless the employee is returned to work from leave
of absence without pay status prior to the date of the City's contribution would be discontinued.
In the event the employee desires to maintain full health and life insurance coverage while on
leave of absence without pay status, he/she may arrange to pay the insurance premiums for the
coverage desired (both employee and the employer portions). It is the responsibility of the
employee to contact the Personnel Department in this regard. The payment of the amount of
the premiums must be made to the City prior to the date which the City's participation will
terminate. Payments must be made directly monthly thereafter to the insurance carrier until the
employee either returns to work or his/her employment with the City is terminated.
Upon an employee's return to work, the City's contribution towards the employee's
health and life insurance premiums will begin on the first day of the month following the end
of the leave of absence without pay if that leave of absence without pay terminates between the
first and the fifteenth days of the month, or on the first day of the next succeeding month if the
leave of absence without pay terminates after the fifteenth day of the month.
Notwithstanding any other provision of this section to the contrary, the City will continue
its contribution for health and life insurance premiums of an employee on leave of absence due
to any injury or illness arising out of and in the course of his/her employment with the City.
Section 7
Witness Leave
Unit members shall be entitled to witness leave 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, unless the action arose in the
24
Mid-Managemelll MOU
.~^'-~'
o
o
course and scope of the employee's employment with the City. Witness leave shall not be
charged against any accumulated leave balances and shall be compensated at the employee's base
hourly rate. An employee may not be denied leave to appear at a proceeding subject to a lawful
subpoena.
Section 8
Blood Donations
Employees in regular positions' who donate blood in the interest of the City without
receiving compensation for such donation, may have the required time off with pay with the
prior approval of the immediate supervisor for each such donation. This benefit shall not be
charged to any accumulated leave; provided, however, if the employee is unable to work after
such donation, time may be charged to accumulated sick leave or be taken as leave without pay.
Evidence of each donation must be presented to the appointing authority to receive this benefit.
ARTICLE VI
WORKING CONDmONS
Section I
Physical Examinations
The City shall pay medical fees for the physical examination of any permanent member
when such examination is required and directed by the City after employment. The City may
arrange with a physician or medical group for such examination; or if the situation warrants, the
City may authorize an employee to be examined by a doctor of his/her choice. In the event an
employee is authorized to be examined by a doctor of his/her choice, reimbursement shall be
made by the City for the cost thereof provided, however, that the amount of the reimbursement
shall not exceed the cost the City would have paid to its contract physician or medical group.
Physical exams taken by a Middle-Management employee on a voluntary basis are not
reimbursable by the City. However, if a Department Head requires a Middle-Management
employee to maintain a Class A or Class B driver's license, such license exams as required will
be scheduled with the City's contracting physician at no cost to the Middle-Management
employee.
Section 2
SenIority
Department Heads will consider seniority in authorizing vacations and scheduling shift
assignments and transfers. Seniority shall prevail when all the factors are not significantly
different. . All factors. is defined as special qualifications, skills, work performance as well as
25
Mid-Management MOU
o
o
attendance and safety. An employee shall not attain seniority until the completion of a
probationary period.
Section 3
ProbatIonary Period
Employees joining the Middle-Management unit on or after January I, 1986, shall have
a probationary period of one (I) year. After successfully completing same, the seniority date
shall be from the last date of hire within the department, division or section. All employees
shall serve twelve (12) months in the step in which they were first hired, before becoming
eligible for a step increase to the next step.
ARTICLE VII
GENERAL PROVISIONS
Section I
Waiver Clause
The parties acknowledge that during the meet and confer process which resulted in this
MOU each had the unlimited right and opportunity to make demands and proposals with respect
to any subject or matter not removed by law, City Charter, Ordinance, Resolution, Personnel
and departmental rules and regulations from the scope of negotiable issues and that the
understanding 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
without qualification waives the right, each agrees that the other shall not be obligated, to meet
and confer with respect to any subject or matter referred to, or covered in this MOU.
Section 2
Severability
It is understood and agreed that this MOU is subject to all current and future applicable
Federal and State Laws and Regulations and the current provisions of the Charter, Ordinances,
Resolutions and other rules and regulations of the City of San Bernardino. If any part or
provision of this MOU is in conflict or inconsistent with such applicable provisions of those
Federal, State or City enactments, or it is otherwise held to be invalid or unenforceable by any
court of competent jurisdiction, such part OF provisions shall be suspended and superseded by
such applicable law or regulations, and the remainder of this MOU shall not be affected thereby.
The parties hereto agree to refrain from initiating any action that would invalidate any part of
the MOU.
26
Mid-Management MOU
J::lj
- -
~
o
o
Section 3
Printing of Memorandum or Understanding
The City and the Union will share the cost of the printing of the MOU as follows: The
Union agrees to pay for the cost of the copies to be distributed to its unit members.
Section 4
Term 01 Memorandum of UDCIersIandinI
This MOU will run for the period starting January 1, 1994, and ending June 30, 1995.
If negotiations regarding an MOU are in progress at the time the current MOU expires,
or if the parties are at impasse, the current MOU shall remain in effect until a Sl'<X:t'Ssor MOU
is adopted by the Mayor and Common Council.
Section S
Notice or Intent to Reopen
The parties agree that, if either party desires to propose changes in the terms or
conditions of this MOU for the period following expiration of this MOU, notice shall be given
to the other not later than the last working day of February 1995, that such discussions areedesired. 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 p.upuoals may be
submitted by either party.
27
Mid-Mantlgemelll MOU
ImW.0<._,.._"".-.:-'-'-7.'.."
l .~
-
C\
.' 'tfI
o
el" 0'
Exhibit 1
.
. .
.
, i
I
C.Y1L ...".. ""C'
H. D 0 U' C H AND L E R
eM'" '..MIM"
o
Rov-.ber 5, 1991
8uan 'l'anlD
8u Bernardino PubUc bploy... Association
433 Rorth Sierra Way
P.O. Box 301
San Bernardino, CA 92404-0308
Dear Ma. !'aninl
The function. of the Civil Service Board are clearly outUned in
the City Cbarter Section. 241 thru 261 and the current Civil
Service Rule. elated January 21, 1913.
The Civil Senice Rule. are still in co_ittee. After they co.e
out of co..ittee, .eet and confer .eetings vill be belel with all
represented group.. Your organi4atiop ViII be notified when we
reach thls point.
If you bave further question. on this utter please call .. at
(714) 314-5008.
BDC/hjc
~. S . 4 /;...&,1.'
~ ..,'{ 'q.azo.~A~-tl
A.H~(' ~:;;:- i-;( ~
~ ~ d.~L~
. e;;;;.<<?l ~. ~
1b~t~.
~.p
u
.. : :I . ..
: ! . = ! : .
~ .& '.
! :: : .. " : ': ...:
, .. ,: t .
- PRIDE .,
A IN PROGRESS
"1 ..J
. .-
~ . !
. . .
IlII
-
- .... ~-..
o
o
Exhibit 2
AUTHORIZA'1'IOH FOR CHECKOPP FOR UNIOH DOBS
-I hereby authorize the Finance Department of the City of San
Bernardino to deduct from D.Y earning., the regular aonthly due.
(unifora on dollar amount), in the lUIlOunt certified by the San
Bernardino Public IIIployee.' Association (SBPBA) , and further
authorize the reaittance of such lUIlount(s) to SBPBA in accordance
with the currently effective Agreement between the City and SBPBA.
'!'bis authorization is revocable by a notice in writing to the
Pinance Department with a copy to SBPBA as described in the current
Agreement. - .
-I hereby waive all right and claim for said monies so deducted and
transaitted in accordance with this authorization and, further and
separately, relieve the City, any Department of the City; SBPBA and
all their Officers, representatives or agents froa liability
therefor.-
Print Hame
Signature
Date
1/10/92.CP.MEMBERSHIP
~^ .
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
----'.-.--.--.---..----------.. --.- -..
o
_. ..-.....-. .
o
RESOLUTION NO. 93-405
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING
RESOLUTION NO. 6413, SECTION ELEVEN, ENTITLED IN PART "A
RESOLUTION. . . ESTABLISHING A BASIC COMPENSATION PLAN... II BY
CODIFYING PRIOR COUNCIL ACTIONS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OP THE
CITY OP SAN BERNARDINO AS FOLLOWS:
SECTION 1. Resolution No 6413, Section Eleven is a.ended
to read as tollows: .
"SECTION ELEVEN: Middle-Management Employees:
SALARY RANGE AND STEPS
(2304) 2021 2122 2228 2339 2456
(2306) 2041 2143 2250 2363 2481
(2326) 2255 2368 2486 2610 2741
(2329) 2288 2402 2522 2648 2780
(2339) 2406 2526 2652 2785 2924
(2340) 2418 2539 2666 2799 2939
(2341) 2430 2552 2680 2814 2955
(2349) 2528 2654 2787 2926 3072
(2352) 2567 2695 2830 2972 3121
(2357) 2632 2764 2902 3047 3199
Page 1 of 4
CLASSIFICATION TITLE
Senior CUstodian
Conservation
Supervisor (U)
Animal Shelter Operations
Manager
Crew
Parldng Control Supervisor
Administrative Operations
Supervisor I
Community Center Manager I
Telecommunications
Operations Coordinator
Video Production
Coordinator
CUstodial Supervisor
Telephone Syste.s
Coordinator
Telecommunications
Technical Coordinator .
Staff Analyst III
Community Center Manager II
Community Service Center
Manager
, 0 0
\'. .
..
1 (2358) 2645 2777 2916 3062 3215 Dispatcher Supervisor
Maintenance Carpenter
2 Supervisor
Community Service
3 Representative III
4 (2360) 2611 2805 2945 3092 3247 Print Shop Supervisor
5 (2361) 2684 2818 2959 3107 3262 Senior Buyer
6 (2365) 2738 2875 3019 3170 3329 Energy Management
Coordinator
7
(2370) 2808 2948 3095 3250 3413 Recreation Supervisor
8 Special Olympic.
Coordinator
9
(2378) 2921 3067 3220 3381 3550 Sanitation Route Supervisor
10
(2383) 2996 3146 3303 3468 3641 Occupational Health Nurse
11
(2385) 3026 3177 3336 3503 3678 Maintenance Supervisor
12
13 (2386) 3041 3193 3353 3521 3697 Park Maintenance Supervisor
Police Records Manager
14 survey Party Chief
15 (2392) 3133 3290 3455 3628 3809 Police Communications
Operations Supervisor
16 (2396) 3197 3357 3525 3701 3886 Arborist
17 (2397) 3213 3374 3543 3720 3906 Fire Equipment Shop
18 Supervisor
19 (2398) 3229 3390 3560 3738 3925 Safety Officer
20 (2399) 3245 3407 3577 3756 3944 Equipment MeChanic
Supervisor
21 Sanitation Route Manager
Fleet Operation.
22 Coordinator
23 (2402) 3293 3458 3631 3813 4004 Center For Individuals With
Disabilities Manager
24 Senior Recreation
Supervisor
25 (2406) 3360 3528 3704 3889 4083 Electrical & HVAC
26 Supervisor
27
28 Page 2 of 4
""~~"'1':r;~.:;..'.-;,',,~..=. ,.-
..
. 0 0
..
1 (2408) 3394 3564 3742 3929 4125 Senior Fire Prevention
Officer
2
(2416) 3531 3708 3893 4088 4292 Building Inspection
3 Supervisor
4 Code Compliance Supervisor
(2421) 3621 3802 3992 4192 4402 Traffic Signal , Lighting
5 Supervisor
6 (2422) 3639 3821 4012 4213 4424 Construction Engineer
7 (2425) 3693 3878 4072 4276 4490 Engineering Associate
(civil Engineering
8 Division)
9 (2426) 3711 3897 4092 4297 4512 Senior Planner
10 (2431) 3806 3996 4196 4406 4626 Associate Traffic Engineer
11 (2437) 3921 4117 4323 4539 4766 Real Property Supervisor
12
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the city ot San
Bernardino at a recrular meeting thereof, held on the ~
15
day of November , 1993, by the following vote to wit:
16
17 Council Members: .uu !!An ABSTAIN ARC:I'WI'
18 NEGRETE x
19 CURLIN x
20 HERNANDEZ x
21 OBERHEUIAN x
22 DEVLIN x
23 POPE-WDLAM x
24 MILLER x
25 ~~~
26
city Clerk
27
28 Page 3 of 4
.J.
o
o
AMENDMENT TO RESOLUTION 6413, SECTION ELEVEN.
The foregoing resolution is hereby approved this "ok",
day of IIovellber
, 1993.
) . . .
~..-J ; , I .r'-
TOil Minor, Mayor
City of San Bernardino
Approved as to
form and legal content:
James F. Penman
City Attorney
BY~1~)
PD:6413-MM
Page 4 of 4