HomeMy WebLinkAbout36- Personnel CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: BARBARA DILLON Subject: RESOLUTION IMPLEMENTING MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY
Dept: PERSONNEL OF SAN BERNARDINO AND EMPLOYEES IN
04 A THE MIDDLE MANAGEMENT BARGAINING
Date: SEPTEMBER 10, 1997 �V .fj} UNIT REPRESENTED BY SAN BERNARDINO
0 i y 10 � PUBLIC EMPLOYEES' ASSOCIATION
Synopsis of Previous Council Action:
5/20/96 Mayor and Common Council approved a contract with the Mid-Management
Employees' bargaining unit, effective 7/1/95 through 6/30/97.
7/7/97 Mayor and Common Council (Closed Session).
8/18/97 Mayor and Common Council (Closed Session).
9/2/97 Mayor and Common Council (Closed Session).
SEP 10 1997
Recommended Motion:
Adopt resolution.
Signature
Contact person: Barbara Dillon Phone: 384-5161
Supporting data attached: Yes Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Res 97-3 0-7
Agenda Item No.
1 0/097
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
MID-MANAGEMENT NEGOTIATIONS
The contract with the Middle Management employees expired on June 30, 1997. The City Team
and the San Bernardino Public Employees' Association (SBPEA) held five (5) negotiations
sessions. At the August 27, 1997 negotiations session, both sides reached tentative agreement
on a two-year contract, pending ratification by the union and approval by the Mayor and
Common Council.
The new Memorandum of Understanding (MOU) includes the following key elements:
Term July 1, 1997 through June 30, 1999
Salary 2% salary increase, effective January 1, 1998
Cost: approximately $35,000 for FY 1997-98
Retirement The City will implement two-tier retirement for new unit employees
hired on or after January 1, 1998.
4th level of 1959 retirement benefits, contingent upon PERS approving
a lower employer rate and agreement with other miscellaneous bargaining
units.
Cost: approximately $3,300/year
Other Issues Reasonable suspicion drug and alcohol testing for unit employees, along
with training for supervisors on detecting drug and alcohol abuse.
Work schedule and work schedule adjustments, with a reopener on
9/80 work schedule.
2% @ 55, union-funded, if agreement is reached on funding this benefit
with other miscellaneous units.
Attachment: Resolution Implementing Memorandum of Understanding Between the City of San
Bernardino and Employees in the Middle Management Bargaining Unit
Represented by San Bernardino Public Employees' Association
CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
TO: James F. Penman, City Attorney
FROM: Stacey R. Aldstadt, Deputy City Attorney
DATE: September 22, 1997
RE: MOU for Mid-Management Employees
Attached is the Resolution approving the new MOU with Mid-Management employees.
There are several significant changes to previous MOUs:
1) The new MOU adds a two-tier retirement benefits plan. Employees hired after January
1, 1998 will get 5% contribution to PERS retirement plans, with a bump up to 7% after 7 years of
service. Current employees are unaffected. Barbara Dillon did consult with this office prior to
entering into negotiations on a two-tier system. I researched the issue and discussed it with Senior
Assistant City Attorney, Huston Carlyle. We concluded that the City could offer two-tier benefits
and the Mid-Management employees association apparently had no objections.
2) The new MOU permits further negotiations on the 2% at 55 plan,providing that the
union would fund the plan, if two other bargaining units concur.
3) The new MOU adds a provision for reasonable-suspicion drug testing. This was
negotiated following consultation with this office on the current law on drug testing and the provision
is consistent with case law.
I recommend that you sign the resolution, approving as to form and content.
Stacey R. A tadt
Deputy City Attorney
1997 - 1999
MEDDLE
MANAGEMENT
EMPL0IrEES '
MEMORANDUM
OF
UNDERSTANDING
CITY OF
SAN BERNARDINO
OFFICE OF THE
DIRECTOR OF PERSONNEL
TABLE OF CONTENTS
Article/Section Title age
Resolution No. Implementation of Memorandum of Understanding 1
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 II 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 Personnel Records 10
ARTICLE III 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 14
Section 1 Health/Life Insurance 14
Section 2 Uniforms 15
Section 3 Tuition Reimbursement 15
ARTICLE V LEAVES 17
Section 1 Vacation 17
Section 2 Holidays 18
Section 3 Sick leave 21
Section 4 Payment for Unused Sick Leave 22
Mid-Management MOU
Article/Section Title Page
Section 5 Injury Leave 22
Section 6 Leave of Absence Without Pay 23
Section 7 Witness Leave 25
Section 8 Blood Donations 25
Section 9 Catastrophic Leave 25
ARTICLE VI WORKING CONDITIONS 26
Section 1 Working Conditions 26
Section 2 Physical Examinations 27
Section 3 Drug and Alcohol Testing 27
Section 4 Seniority 28
Section 5 Probationary Period 28
ARTICLE VII GENERAL PROVISIONS 28
Section 1 Waiver Clause 28
Section 2 Severability 28
Section 3 Printing of Memorandum of Understanding 29
Section 4 Term of Memorandum of Understanding 29
Section 5 Notice of Intent to Reopen 29
SIGNATURE PAGE 30
EXHIBITS
Exhibit 1 Side Letter to Agency Personnel Rules
Exhibit 2 Authorization for Checkoff for Union Dues Form
Exhibit 3 Resolution 6413, Section Eleven:
"Middle Management Employees"
Mid-Management MOU
DEFINITION OF TERMS
it : The City of San Bernardino.
Classification: Includes titles listed in Section Eleven of City Resolution No. 6413, as
amended.
Dav: As it pertains to a holiday, sick leave day, or a vacation day, one (1)
"day" equals eight (8) hours, unless otherwise specified.
Exclusions: Excluded from the Middle-Management Unit for purposes of 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.
Middle- Includes titles listed in Section Eleven of City Resolution No. 6413, as
Mana eg, ment amended. Additional titles in the Middle-Management Unit may be
Unit: established by the Mayor and Common Council. Also reference
"Exclusions" above.
Mandatory and "Shall" is mandatory; "may" is permissive.
Permissive:
MOU: Memorandum of Understanding.
Union: The exclusive bargaining representative for the Middle-Management Unit.
3 Mid-Management MOU
ARTICLE I
ADMINISTRATION
Section 1
Management Rights
This MOU shall not be deemed to limit or curtail the City in any way in the exercise of
the rights, powers, and authority which the City has prior to entering into this understanding
except to the extent that the provisions of this MOU specifically curtails or limits such rights,
powers, and authority. Furthermore, the City retains all its exclusive rights and authority under
City Charter, Ordinances, Resolutions, State and Federal Law, and expressly and exclusively
retains its management rights, which include but are not limited to: the exclusive right to
determine the mission of its constituent departments, commissions, and boards; set standards of
selection for employment and promotions; direct its employees; establish and enforce dress and
grooming standards; determine the methods and means to relieve its employees from duty
because of lack of work or other lawful reasons; maintain the efficiency of governmental
operations; determine the methods, means and numbers and kinds of personnel by which
government operations are to be conducted; determine the content and intent of job
classifications; determine methods of financing; determine style and/or types of City-issued
wearing apparel, equipment or technology, means, organizational structure and size and
composition of work force and allocate and assign work by which the City operations are to be
conducted; determine 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
Agency Personnel Rules
It is understood and agreed that there exists within the City in written or unwritten form,
certain personnel rules, policies, practices, and benefits generally contained in 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-Management MOU
Employee Relations, as amended, which documents will continue in effect, except for provisions
modified by the City Council in accordance with Federal or State laws, orders, regulations,
official instructions or policies.
The City may adopt, change or modify work rules. Whenever the City changes work
rules or issues new work rules, it will post them on departmental bulletin boards ten (10)
working days prior to their effective date, except in emergency situations. A copy will be sent
to SBPEA at the beginning of the ten (10) day period, in order that 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
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
shall each designate up to three (3) representatives to serve on the Committee from different
departments. The Committee will select a chairperson who will be responsible for receiving
items, establishing agendas and informing participants of the time and place of meetings. The
Committee shall normally meet at least quarterly or may meet more often if necessary at a
mutually agreed upon time and place. The Union will provide a list of the Committee members
t to the Director of Personnel each January and July.
ARTICLE II
EMPLOYER-EMPLOYEE RELATIONS
Section 1
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.
The granting of "exclusive" recognition shall not preclude employee self-representation
in matters where individual rights, protections, and concerns are involved; provided however,
the representation rights of the Union as exclusive representative shall not be compromised
5 Mid-Management MOU
thereby.
Section 2
No Strike
It is the purpose of this MOU for the parties hereto, to confirm and maintain the spirit
of cooperation which has existed between the City of San Bernardino and the employees of the
City. It is recognized that any work disruptions are unproductive to City operations and services
provided its citizens. The Union and the City agree that they shall at no time 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 restriction of work. Should any curtailment or restriction of work take place,
paid leave benefits (sick leave, vacation, etc.) will not be available during such periods of time.
Section 3
Payroll 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.
All unit members who were members of SBPEA on July 1, 1997, 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.
6 Mid-Management MOU
During the first full week of April, members may request in writing to the Finance
Department, with a copy to SBPEA, to withdraw their authorization for dues deduction, which
shall become effective at the beginning of the first payroll period in June. (Reference:
"Authorization for Checkoff for Union Dues" - Exhibit #2)
Section 4
Grievance Procedure
Purpose: The City of San Bernardino and the Middle-Management Unit realize the
importance of a viable Grievance Procedure to aid in the resolution of disputes. It is recognized
that, to maintain high employee morale and harmonious relations, an orderly method of
processing grievances is necessary. This procedure is intended to establish a systematic means
to process a grievance and to obtain fair and proper answers and decisions regarding employee
complaints. The representative of employees and management at all levels will make continuing
efforts to secure prompt disposition of grievances. Every effort should be made to resolve
grievances in the informal process.
The initiation of a grievance in good faith by an employee shall not cast any adverse
reflection on his/her standing with his/her supervisors or his/her loyalty as a City employee, nor
be a reflection on the employee's supervisor or the department involved.
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 disciplinary
appeals 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.
Representation: The aggrieved employee shall 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 only can represent the employee. No
person hearing a grievance need recognize more than one City employee representative for any
employee at any one 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
organization may attend the grievance hearing to insure that the solution reached does not violate
the terms of the MOU.
Consolidation of Grievances: In order to avoid the necessity of processing numerous
7 Mid-Management MOU
similar grievances at one (1) time, a single grievance may be fled.
Time Limitation: Time limitations are established to settle a grievance quickly. Time
limits may be modified by agreement of the parties. If at any stage of this grievance procedure
the grievant is dissatisfied with the decision rendered, it shall be the grievant's responsibility to
initiate the action which submits the grievance to the next level of review. The grievant may
proceed to the next step if a reviewing official does not respond within the time limits specified.
A formal grievance may be entered into or advanced to any step if the parties jointly so agree.
Steps in The Grievance Procedure: The procedures outlined herein constitute the
informal and formal steps necessary to resolve an employee's grievance. An attempt to settle
the grievance in the informal structure at the employee-supervisor level is required. The
grievance must be submitted to the Informal Step within ten (10) working days 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 his/her complaint with his/her immediate supervisor informally. Within ten(10)working
days the supervisor shall give his/her decision to the employee orally. The date and the subject
of the incident should be provided with the request for the informal meeting. The supervisor
will document his/her response to the employee, in the event the grievance proceeds to the
Formal level.
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 and/or his/her designated representative within ten (10) working days
of receipt of the written grievance and shall deliver his/her answer, in writing, to the employee
within ten (10) working days after the meeting.
2. If the grievance is still not adjusted, the aggrieved party may file a written
appeal with the Director of Personnel within ten (10) working days from the date of delivery of
said answer. The Director of Personnel or his/her designee shall meet with the employee, and,
if the employee desires, the designated Union representative, within ten (10) working days after
receipt of the appeal and shall deliver his/her answer, in writing, to the employee within ten (10)
working days after the meeting.
3. If the grievance is still not adjusted, the aggrieved party may file a written
appeal with the City Administrator 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 his/her answer, in writing,
to the employee within ten (10) working days after the meeting. The City Administrator's
g Mid-Management MOU
decision is final and binding on all parties, unless reversed by a court decision.
d g P
4. Any grievance not answered by the City within the specified time limits
listed above shall be deemed settled on the basis of the Union's original demand. Likewise, any
grievance not answered by the Union as above shall be deemed settled on the basis of the City's
last official answer.
5. Time limits, as stated above in Items 1-4, may be extended by mutual
agreement of the employee, his/her representative (if any) and the City.
Section
Non-Discrimination
The City and the Union agree that there shall be no discrimination against employees
within the bargaining unit because of race, color, creed, religion, national origin, sex, age,
marital status or Union membership.
Further, there shall be no discrimination against 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.
B. The City, through its representatives, shall meet and confer in good faith with
representatives of formally recognized employee organizations regarding matters within the scope
of representation, including wages, hours and other terms and conditions of employment.
E
9 Mid-Management MOU
Section 7
Classification
Classification review is a management tool to ensure the accurate reflection of tasks and
duties in each City position for the purpose of recruitment, compensation and organizational
structuring. The City shall notify SBPEA in writing on all classifications and changes to
classifications to this unit within ten (10) working days after such changes have been approved
by the Mayor and Council. New and revised classification specifications shall be sent to SBPEA
within the same time frame.
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 shall
be posted. In the event that there is a dispute arising out of the pertinency of any literature
posted, the City Administrator or designee shall meet with the SBPEA labor relations
representative to resolve the problem as soon as possible.
Section 9
Access to Personnel Records
The City's Personnel Department shall keep and maintain an official personnel file for
each employee. Personnel files are confidential.
Employees, or their authorized representatives, shall have the right, upon request, to
review the contents of their official personnel files. Such review may be made during normal
working hours with no loss of pay for time spent, and the employee may be accompanied by
his/her authorized representative, if he/she so wishes. Employees desiring to review such
records shall make their requests in writing through the Department Head to the Personnel
Department, if it is on 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
ARTICLE III
COMPENSATION
Section 1
Wages
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, 1998, for all
members.
Section 2
Acting Pay
A Middle-Management employee who is assigned acting (complete) responsibility in the
absence of his/her superior by the Department Head and approved by the City Administrator
shall be paid for same as follows:
The rate of pay shall be a step on the range of the higher position which allows the
"acting" employee at least a 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 purpose 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
Shift Differential
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 35C per hour extra for all hours actually worked
during such assignment; or,
11 Mid-Management MOU
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
Wage 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
PER
The City will continue to contract with PERS for the existing retirement benefit plan,
and will contribute all of the 7% employee contribution.
For any unit employee hired on or after January 1, 1998, the City will pay five percent
(5%) of the members' contribution to PERS credited to the employee's account as a fringe
benefit. Upon said employees completing five (5) years of service, the City will pay seven
percent (7%) of the members' contribution to PERS credited to the employee's account as a
fringe benefit on the first pay period of the sixth year of service.
Unit employees agree to pay all of the increased cost to the City for the PERS 2% @ SS
retirement plan, contingent upon agreement on this plan with the other two (2) miscellaneous
bargaining units.
The City agrees to amend its PERS contract to pay the employer contribution for the
Fourth Level 1959 Survivors'Benefit, congingent upon approval of a lower employer rate by the
PERS Board ($3.50 1month)and agreement with the other two (2)miscellaneous bargaining units.
Section 6
Overtime
The following three paragraphs (Administrative Leave, Emergency Operations Center,
and Fluctuating Schedules) apply to all unit employees with the exception of classifications
covered under the Federal Fair Labor Standards Act (FLSA):
Administrative Leave: Unit employees will receive 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
12 Mid-Management MOU
work, except as described below.
Emergency Ouerations Center (EOQ: The City will pay straight time overtime to unit
members assigned to work beyond their regular shifts, when the City's Emergency Operations
Center (EOC) is open, when such assignments result from a Federal or State-declared disaster
declaration, and when the overtime worked is expected to be reimbursed to the City by Federal,
State and/or other funding sources.
Fluctuating Schedule: In the event that Unit members must work beyond their regular
shift or must work on a regularly scheduled day off to provide support for prescheduled special
events, the Department Head or designee has the discretion to implement a fluctuating schedule,
whereby the employees will work on the prescheduled special event, in exchange for equivalent
time off during the same pay period. Each Department Head shall consider any request of an
employee as to preference for taking the equivalent time off.
FLSA: Article III, Section 6, shall not apply to the following positions covered under
the Fair Labor Standards Act(FLSA): Dispatcher Supervisor; Fire Equipment Shop Supervisor;
Maintenance Supervisor (Sewer); and, Traffic Signals & Lighting 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, will be counted as actual hours worked.
Classifications covered by the FLSA shall have the option to participate in a
compensatory time bank:
Compensatory Time Bank: When an employee works overtime, he or she shall earn
overtime at the FLSA rate. Following prior approval of overtime as described above, the
employee will either be paid for the overtime worked, or the number of overtime hours worked
will be placed in a compensatory time bank, based on the employee's request. The Finance
Department (Payroll) will track the compensatory time accrued and used, and the compensatory
time balance will appear on the employee's paycheck. Department Head approval will be
required in order for employees to use time from the compensatory time bank."
Once an employee's compensatory time bank reaches 80 hours, the employee will be paid
for all subsequent overtime worked. By the end of each calendar year, an employee's
compensatory time bank must be reduced to 40 hours. Any hours in the compensatory time
bank in excess of 40 hours as of January 1 st of each year will be paid at the employee's regular
rate of pay, and will be included on the second paycheck in March.
If the employee terminates employment, or if the employee is promoted to another
position in the City, the compensatory time bank will be paid off at the then current rate of pay.
13 Mid-Management MOU
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 his/her conviction of a traffic violation
when such employee was directed to operate any faulty vehicle or vehicular equipment, which
was the proximate cause of a mechanical or other traffic violation, provided that such violation
did not result from improper or negligent operation of the vehicle on the part of the employee.
ARTICLE IV
FRINGE BENEFITS
Section 1
Health/Life Insurance
A. The City shall contribute monies toward health premiums for a full-time, regular
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 a full-time, regular employee plus one dependent. The City's contribution
L will change to equal the cost in the Kaiser South premium and the Mission Dental (Denticare)
high option plan or its equivalent, during the term of the MOU.
The City shall contribute the rate equivalent to the Kaiser South premium for a
full-time, regular employee only and the Mission Dental (Denticare) high option plan or its
equivalent for Employee Only, for a full-time, regular employee with no dependents.
Insurance benefits available for purchase by full-time, regular employees include
medical, dental, vision, life, long-term disability and accidental death and dismemberment, as
made available through the City. Any contribution not utilized by a full-time, regular employee
shall revert to the City.
B. A full-time, regular employee must purchase medical insurance offered by the
City in order to utilize any of the contributions described in Article IV, Subsection A.
C. The City shall contribute a maximum of $16 per month per retiree 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.
E. Cafeteria monies may be redesignated or a change of plans may be made only
during the open enrollment period, in accordance with the rules established by the insurance plan
14 Mid-Management MOU
h employee. Plan additions and drops shall be made in accordance with the rules
selected byte P
established by the insurance plan selected by the employee.
F. All full-time, regular employees shall participate in the City-sponsored long-term
disability (LTD) insurance plan. The City will pay 100% of the LTD insurance plan premium
for full-time, regular employees during the length of this contract.
Section 2
Uniforms
If an employee is required to wear uniforms, or any type of safety or protective devices
as a condition of employment, such uniforms or protective devices shall be furnished to the
employee at no cost to the employee. The City will maintain work clothes that are laundered.
The City reserves the right to determine the manner in which the work uniforms and
protective devices are provided, to select the uniform rental service (as applicable) and to select
the style and color of the uniforms/protective devices.
Section 3
t Tuition Reimbursement
A. Purpose
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.
2. To provide financial assistance to eligible employees for education and
training.
3. To establish eligibility requirements, conditions and procedures whereby
such assistance may be provided.
B. Eligibility
1. Applications for tuition reimbursement will be considered only from unit
members/employees who have completed probation.
2. Reimbursement is not authorized for courses for which the employee is
receiving financial assistance from other sources such as the GI Bill, Scholarships, etc.
3. Applications will be approved only for courses directly related to the
15 Mid-Management MOU
or
employee's job directly related to a promotional position in the employee's occupational
J Y
specialty.
4. Courses not ostensibly related to the employee's job, but which are
required to qualify for a degree that is directly related to his/her job may be reimbursable only
after all required occupationally related courses have been completed.
5. Prior to receiving tuition reimbursement, employees must submit
documentary proof of having received a grade which is consistent with the City's affirmative
action policy. Currently, this is a "C" grade. If objective ratings are not rendered for a specific
course, then a certificate of successful completion must be submitted.
6. Approval will be limited to courses given by accredited colleges and
universities, city colleges or adult education courses under the sponsorship of the Board of
Education. Workshops, seminars, conferences and similar activities not identifiable as a formal
course of instruction within the curriculum of a recognized educational institution, do not fall
within the purview of this program, but may be authorized and funded by the tuition
reimbursement funds with the approval of the Department Head and the City Administrator. No
mail-order courses will be 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 textbooks 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).
D. Procedures
1. An employee who desires to seek tuition reimbursement under the
provisions of this Article must complete, in triplicate, a City Education Reimbursement form and
submit it to his/her Department Head for advance approval.
2. The Department Head will recommend approval or disapproval, based on
job relatedness, and forward the Educational Reimbursement form to the Director of Personnel.
3. The Director of Personnel will recommend approval or disapproval based
E on availability of budgeted funds for education tuition assistance and forward to the City
16 Mid-Management MOU
cAdministrator 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 his/her final grade with
appropriate receipts for tuition and textbook costs. These will be returned to the employee upon
request. Applications not submitted to the Personnel Department within the established time
frame following completion of the course become void.
5. Upon receipt of the application and required documentation, the Personnel
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 Personnel 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.
ARTICLE V
LEAVES
Section 1
Vacation
A. All employees covered by this MOU shall be entitled to paid vacations as follows:
Completed Years of Rate of Accrual Equivalent Hours
Continuous Service * Per Pay Period Per Year
1 year** 3.333 hours 80 hours
5 years 5.0 hours 120 hours
15 years 6.667 hours 160 hours
20 years 8.33 hours 200 hours
*Service year begins on initial date of employment in a full-time regular status.
**No vacation granted or accrued, if service is less than one year.
B. The amount of accrual shall not exceed the specified number of hours granted
17 Mid-Management MOU
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 Head. Vacations or portions thereof from a prior year may be taken consecutively
with vacations or portions thereof of a succeeding year, subject to the approval of the
Department Head. Except as approved by the Department Head, no vacation or portion thereof
from a prior year shall run consecutively with the vacation of a succeeding year; and a period
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 his/her vacation during the calendar year when due. Should this occur,
the employee's vacation should be rescheduled at the very earliest mutually acceptable date.
Vacation requests will not be unreasonably denied.
E. Upon termination, payment for 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.
F. When an employee returns to work after a break in "continuous service" as
defined in Resolution No. 6433 as amended, and when such break in "continuous service" shall
have been by leave of absence with the approval of the Mayor and Common Council, vacation
time shall not 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 (JTPA).
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.
18 Mid-Management MOU
Section 2
Holidays
A. City-Designated Holidays: All 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).
All full-time employees within the bargaining unit, with the exception of those
employees shown in the following paragraph shall be allowed the above holidays at full pay
when such holidays occur within the regularly assigned working periods provided they are in a
paid status during any portion of the working day immediately preceding or succeeding the
holiday.
B. Holiday_Account: Effective each January 1st, unit employees will receive 16
hours in their Holiday Account (formerly known as Floating Holidays). Employees may have
more than 16 hours accrued in their Holiday Account, but may only carry over a total of 16
hours of holiday time to the next calendar year. Any Holiday Account hours over 16 hours on
December 31st of each year, will be lost hours.
If a holiday falls on a nine- or ten-hour work day, the employee will be paid eight
(8) hours holiday pay. The employee may supplement the holiday with accrued vacation,
holiday account time, or no pay.
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.
Each Department Head shall consider employees' requests for scheduling the 16
Holiday Account hours, per calendar year, provided however, the final right to allot the hours
19 Mid-Management MOU
b the Department Head. The Department Head will not
to be observed is reserved exclusively y p P
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 his/her 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.
a.
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 regular annual
vacation period but must be taken within one (1) year of the date said in-lieu time was earned.
Employees of the Public Services (Refuse) Division, except clerical employees, and certain
designated employees of the City Garage needed to support the Public Services (Refuse) Division
operations, shall enjoy all the holidays listed above as they occur except, November 11, the
Friday after Thanksgiving Day, and the holidays observed the day before Christmas and the day
before New Year's Day. Said employees shall receive an additional day's pay for each such
holiday on which they are required to work. If such holidays occur on a normal day off for said
employees, they shall receive no additional pay.
D. Holidays as listed above shall be allowed on a Monday if any such holiday falls
on Sunday, and shall be allowed on the preceding Friday, if such holiday falls on a Saturday,
for all employees except those covered by other provisions therein.
At the beginning of each calendar year, the City will determine how many of the
above holidays fall on a regularly scheduled day off. An employee working on a 9/80 or a 4/10
schedule will accrue the equivalent number of hours of holiday time ("holiday account"), with
20 Mid-Management MOU
one (1) 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 of his/her 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 Leave Usage 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 his/her immediate
family as defined above.
l Sick Leave Usage 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 required 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 presentation of satisfactory evidence of illness or injury. A certificate from a
practicing physician or an authorized practicing chiropractor may be required by the Department
or Division Head, and shall be subject to his/her approval concerning such absence. The Mayor
and Common Council shall have the power to require that any person claiming the sick leave
benefits of this MOU be examined at any reasonable time or intervals by a designated physician,
and in the event of an adverse report, to reject such claim for sick leave, in whole or in part,
and to terminate sick leave compensation. In the event of the refusal of any person to submit
to such examination after notification, the Mayor 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 his/her work
and duties satisfactorily before permitting an employee who has been on sick leave to return to
work.
In order to receive compensation while absent on sick leave, employees shall
notify their immediate supervisor or designee prior to, or within 30 minutes of, the time set for
beginning their daily duties, or as may be specified in department/division work rules. When
21 Mid-Management MOU
absence is for more than one (1) work day, the employee may be required to file a physician's
certificate or a personal affidavit with the Director of 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 his/her discretion, but
shall be allowed only in case of necessity and actual personal sickness or disability, except as
otherwise provided herein.
Whenever an employee is compensated hereunder for sick leave or injury and has
not had a vacation at the end of the current calendar year, he/she shall be allowed to take his/her
vacation in the next calendar year, but must take said vacation prior to the time he/she returns
to work after his/her 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 Library 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
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 accrue 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 1,200-hour cap.
22 Mid-Management MOU
Section 5
Injury Leave
Effective with the first day of necessary absence for industrial accident or illness leave,
eligible employees will be approved to receive Workers' Compensation benefits. Each employee
shall be authorized, upon their written request, to utilize any balance of their accumulated sick
leave, vacation, holiday and compensated time credit to augment the amount of temporary
disability they receive, to the extent the total sum received will result in a payment equal to their
normal compensation. The utilization of sick leave for this purpose shall end with the
termination of the temporary disability or when the accumulated sick leave credits have been
exhausted, whichever occurs first.
When employees sustain what they believe to be an industrial injury or illness, they shall
request an "Employee Claim for Workers' Compensation Benefits" form from the supervisor.
The supervisor is required to give the employees this form within one (1) working day of the
City being notified of the injury. Supervisors will log date and time employees were given form
on Supervisor's Report of Injury. Employees must return Employees' Claim form to supervisor
to begin the process for filing an industrial injury. In the event the employee is unable to
prepare the form due to hospitalization, serious illness or injury, the supervisor or a member of
the department/division staff shall prepare the required report.
The employee has the right to be examined and treated by a physician of his/her choice,
t within the required time, of the alleged injury or illness, as required by the California Labor
Code.
The City shall have the right to require the employee be examined by a physician
designated by the City, to assist in determining the length 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 necessary medical
determinations.
If an employee is receiving disability payments, the person shall be entitled to use only
as much sick leave or vacation as, when added to the disability payments, will provide for a full
day's pay.
Section 6
Leave of Absence Without Pay
Leave of absence without pay is a temporary, nonpay status and absence from duty
kloww 23 Mid-Management MOU
granted at the request of the employee. Leave of absence without pay may be granted by the
City Administrator for a period not to exceed six (6) months, upon the positive recommendation
of the Department Head. Under justifiable conditions, said leave may be extended by the City
Administrator for additional periods. Leave of absence without pay will be considered favorably
if it is expected that the employee will return to duty and that at least one (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
his/her duties.
C. For an employee who files for or assumes elected office.
D. For maternity or paternity leave, upon the recommendation of the attending
physician.
E. For military leave when the employee has less than one (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
24 Mid-Management MOU
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
fifteenth day of thetmon�eding month if the
leave of absence without pay terminates a Y
Notwithstanding any other provision of this section to the contrary, the City will continue
its contribution for health and life insurance Phe course off mployee on
employment with absence he City.due
to any injury or illness arising out of and
In circumstances in which either the Federal Family Leave Act or the State Medical and
Family Leave Act apply, the City shall adhere to the requirements of the Acts.
Section 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
course and scope of the employee's employment with the City. Witness leave shall not be
charged against any accumulated leave denied leave to appear ate proceeding subject t employee's base
hourly rate. An employee may not be lawful
P
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.
Section 9
Catastrophic Leave
Upon request of an employee who is experiencing catastrophic illness, and upon approval
of the Department Head, leave credits (vacation or floating holidays) may be transferred from
one or more employees to the affected employee, under the following conditions:
A. Sick leave accruals cannot be transferred among employees.
25 Mid-Management MOU
B. The employee with a catastrophic illness or injury has exhausted all other leave
accruals and has completed at least one year of continuous service with the City.
C. The donation must be in four-hour increments of vacation, compensatory time or
floating holidays by employees who have completed at least one year of continuous service with
the City.
D. Employees may not donate leave they would otherwise forfeit. For example,
employees who are separating from City employment may donate leave only up to the amount
of the payment they would receive upon separation.
E. Donations shall be on a form developed by the Personnel Department, signed by
the donating employee, approved by the Department Head, and verified by the Finance
Department. Procedures shall be as approved by the City Administrator.
F. An appeal will be considered on a separate basis, if denied.
ARTICLE VI
WORKING CONDITIONS
t
Section 1
Working Conditions
A. City Work Schedules: City work schedules shall be as herein defined, except as
otherwise provided for:
1. 5140 Work Schedule: The 5140 work schedule shall consist of a 40-hour
work week consisting of five (5), eight (8) hour work days, exclusive of any meal periods
assigned by management.
2. 9180 Work Schedule: The 9180 work schedule shall consist of 80 work
hours in a two (2) week period, consisting of eight (8), nine (9) hour work days and one (1),
eight (8) hour work day, exclusive of any meal periods assigned by management.
3. 4110 Work Schedule: The 4110 work schedule shall consist of a 40-hour
work week consisting of four (4), ten (10) hour work days, exclusive of any meal periods
assigned by management.
The primary work schedule will continue to be the 9180 work schedule, as defined
above, unless changed by action of the Mayor and Common Council when it reconsiders
extension of the 9180 schedule.
t
26 Mid-Management MOU
Work schedules shall be posted on all department bulletin boards showing the
employees' shift, work days, and where known, hours.
B. Work Schedule Adjustments: It is understood and agreed that Department Heads
shall establish such work schedules as may be necessary for the efficient and economical
provision of services for the public, and to make such adjustment in work shifts as are from time
to time required. The City shall give the employees and the Union two (2) week notice of any
proposed changes in scheduled work shifts prior to implementation. If the Union wishes to
consult with management regarding the proposed changes, it shall notify the City within seven
(7) calendar days from receipt of notice. Upon notification by the Union, both parties shall meet
promptly in an earnest effort to reach a mutually satisfactory resolution of any problems arising
as a result of the proposed changes. Work schedule changes resulting from an emergency
situation or circumstances which disrupt normal City operations as determined by the
Department Head are not bound by the two (2) week notice requirement.
Section 2
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 3
Drug and Alcohol Testing r
G
In addition to employees already covered under the Department of Transportation (DOT) e
for drug and alcohol testing, all Middle Management employees will participate in drug and t
alcohol testing,following the reasonable suspicion Drug/Alcohol Testing procedure described 1
in the City of San Bernardino's Policy on Drug and Alcohol Testing of Employees with
Commercial Drivers' Licenses.
9
If a supervisor has a reasonable suspicion that an employee has been abusing drugs or
alcohol, that supervisor will immediately notify his/her immediate supervisor of these suspicions
27 Mid-Management MOU
and document the observations on a reasonable suspicion checklist.
The conduct of the employee must be witnessed by a supervisor who has received training
consisting of at least 1-112 hours on identification of actions, appearance or conduct which are
indicative of the use of drugs or alcohol. A supervisor must directly observe and document the
behavior. Reasonable suspicion may not be based upon hearsay.
Section 4
Seniority
Department Heads will consider seniority in authorizing vacations and scheduling shift
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
attendance and safety. An employee shall not attain seniority until the completion of a
probationary period.
Section S
Probationary Period
Employees in the Middle-Management unit shall have a probationary period of one (1)
year. After successfully completing same, the seniority date shall be from the last date of hire
within the department, division or section. All employees shall serve twelve (12) months in the
step in which they were first hired, before becoming eligible for a step increase to the next step.
ARTICLE VII
GENERAL PROVISIONS
Section 1
Waiver Clause
The parties acknowledge that during the meet and confer process which resulted in this
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.
28 Mid-Management 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 or provisions shall be suspended and superseded by
such applicable law or regulations, and the remainder of this MOU shall not be affected thereby.
The parties hereto agree to refrain from initiating any action that would invalidate any part of
the MOU.
Section 3
Printing of Memorandum of 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
t Term of Memorandum of Understanding
This MOU will run for the period starting July 1, 1997, and ending June 30, 1999.
If negotiations regarding an MOU are in progress at the time the current MOU expires,
or if the parties are at impasse, the current MOU shall remain in effect until a successor MOU
is adopted by the Mayor and Common Council.
Section 5
Notice of Intent to 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 1999, that such discussions are
desired. Such notice shall request a meeting to begin negotiations and establish ground rules
which shall include, at a minimum, the date beyond which no further proposals may be
submitted by either party.
29 Mid-Management MOU
MID-MANAGEMENT EMPLOYEES'
MEMORANDUM OF UNDERSTANDING
1997-1999
Executed this day of 1997.
Mayor San Bernardino Public Employees'
City of San Bernardino Association (SBPEA)
City's Designated Representative
ATTEST:
City Clerk
Approved as to form
and legal content:
i Attorney
30 Mid-Management MOU
clTr or Exhibit
v
5an bernardino
/Oro I-
Cull $ ttflC • OFFICIR
H. DOUG CHANDLER
C M It f t = A r IN IN
November S, 1991
Susan Tarvin
San Bernardino Public Employees Association
433 Horth Sierra Way
P.O. Box 308
San Bernardino, CA 92404-0308
Dear Xs. Tarvin: .
The functions of the Civil Service Board are clearly outlined in
the City Charter Sections 246 thru 261 and the current Civil
Service Rules dated January 21, 1983.
The Civil Service Rules are still in committee. After they come
out of committee, meet and confer meetings will be held with all
represented groups. Your organisation will be notified when ve
reach this point.
If you have further questions on this matter please call me at
(714) 384-5008.
8 rely,
q er d ' -
Chief finer
Civil ice Board
NDC/hjc
PRIDE
IN PROGRESS
Exhibit 2
AUTHORIZATION FOR CHECKOFF FOR UNION DUBS
"I hereby authorize the Finance Department of the City of San
Bernardino to deduct from my earnings, the regular monthly dues
(uniform on dollar amount) , in the amount certified by the San
'Bernardino Public Employees' Association (SBPEA) ,, and further
authorize the remittance of such amount(s) to SBPEA in accordance
with the currently effective Agreement between the City and SBPEA.
This authorization is revocable by a notice in writing to the
Finance Department with a copy to SBPEA as described in the current
Agreement."
I -
"I hereby waive all right and claim for said monies so deducted and
transmitted in accordance with this authorization and, further and
separately, relieve the City, any Department of the City; SBPEA and
all their officers, representatives or agents from liability
therefor."
Print Name
Signature
Date
1/10/92.CP.XEMBERSHIP
Exhibit 3
RESOLUTION NO. 96-158
Ar
1
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOL
vTlor
NO. 6413, SECTION ELEVEN, ENTITLED IN PART "A RESOLUTION
3 ESTABLISHING A BASIC COMPENSATION PLAN . . . " BY CODIFYING PRIOR
4 COUNCII. ACTIONS (MIDDLE-MANAGEMENT UNIT).
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCII. OF THE CITY OF
SAN BERNARDINO AS FOLLOWS: -
6
7 SECTION 1. Resolution No 6413, Section Eleven, is amended to read as follows:
g "SECTION ELEVEN: Middle-Management Employees":
9 SALARY RANGE AND STEPS CLASSIFICATION THE
10 (2313) 2115 2221 2332 2448 2571 Senior Custodian
11 (2315) 2136 2243 2355 2473 2596 Conservation Crew Supervisor (U)
12
13 (2338) 2396 2515 2641 2773 2912 Parking Control Supervisor
14 (2348) 2518 2644 2776 2915 3061 Administrative Operations
Supervisor I
15
(2349) 2531 2657 2790 2930 3076 Community Center Manager I
16
17 (2350) 2543 2671 2804 2944 3092 Video Production Coordinator
18 (2358) 2647 2779 2918 3064 3217 Custodial Supervisor
Business Registration Coordinator (U)
19
(2361) 2687 2821 2962 3110 3266 Telephone Systems Coordinator
20 Telecommunications Technical
21 Coordinator
Animal Shelter Operations Manager
22
(2366) 2755 2892 3037 3189 3348 Staff Analyst III
23 Community Center Manager II
24 Community Service Center Manager
25 (2367) 2768 2907 3052 3205 3365 Dispatcher Supervisor
Maintenance Carpenter Supervisor
26 Community Service Representative III
27 (2369) 2796 2936 3083 3237 3399 Print Shop Supervisor
28 1
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413, SECTION
1 ELEVEN, ENTITLED IN PART, 'A RESOLUTION . . . ESTABLISHING A BASIC COMPENSATION PLAN
,�*► . . ' (MIDDLE-MANAGEMENT UNIT).
2 (2370) 2810 2951 3098 3253 3416 Accountant II
3 (2379) 2939 3086 3240 3403 3573 Recreation Supervisor
4 Special Olympics Coordinator
5 (2387) 3059 3212 3372 3541 3718 Sanitation Route Supervisor
6 (2394) 3168 3326 3492 3667 3850 Maintenance Supervisor
7
(2395) 3183 3343 3510 3685 3869 Park Maintenance Supervisor
g Police Records Manager
Survey Party Chief
9
10 (2398) 3231 3393 3563 3741 3928 Real Property Official
i
11 (2401) 3280 3444 3616 3797 3987 Police Communications Operations
Supervisor
12
13 (2402) 3296 3461 3634 3816 4007 Recycling Coordinator
14 (2405) 3346 3513 3689 3874 4067 Arborist
15 (2406) 3363 3531 3708 3893 4088 Fire Equipment Shop Supervisor.
16 (2407) 3380 3549 3726 3912 4108 Safety Officer
17 (2408) 3397 - 3566 3745 3932 4129 Equipment Mechanic Supervisor
18 Sanitation Route Manager
Fleet Operations Coordinator
19 '
20 (2409) 3414 3584 3763 3952 4149 Senior Plan Checker
21 (2411) 3448 3620 3801 3991 4191 Center For Individuals With j
Disabilities Manager
22 Senior Recreation Supervisor
23 (2415) 3517 3693 3878 4072 4275 . Electrical & HVAC Supervisor
24 (2417) 3553 3730 3917 4113 4318 Senior Fire Prevention Officer
25
26 (2425) 3697 3882 4076 4280 4494 Code Compliance Supervisor
27 (2430) 3791 3980 4179 4388 4607 Traffic Signal &Lighting Supervisor
28 2
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413, SECTION
1 ELEVEN, ENTITLED IN PART, 'A RESOLUTION . . . ESTABLISBING A BASIC COMPENSATION PLAN
. . . ' (MIDDLE-MANAGEMENT UNM.
2 (2431) 3809 4000 4200 4410 4630 Construction Engineer
3
(2434) 3867 4060 4263 4476 4700 Engineering Associate (Civil
4 Engineering Division)
5 (2435) 3886 4081 4285 4499 4724 Senior Planner
6
(2440) 3984 4184 4393 4612 4843 Associate Traffic Engineer
7
8 (2442) 4024 4226 4437 4659 4892 Workers' Compensation Supervisor
9 (2445) 4085 4289 4504 4729 4965 Inspection Housing)
Supervisor
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 3
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413, SECTION
1 ELEVEN, ENTITLED IN PART, 'A RESOLUTION . . . ESTABLISHING A BASIC COMPENSATION PLAN
. . . ' (MIDDLE-MANAGEMENT UNIT).
2
3 COUNCILMEMBERS: AYES NAYS ABSTAIN ABSENT
4 NEGR= x --
5 CURLIN x --
6 ARIAS x --
7
OBERR Ei.MAN x --
8
9 DEVLIN x --
10 ANDERSON x --
11 MILLER x _-
12
13
14 Rachel Clark, City Clerk
15
16
The foregoing resolution is hereby approved this ' day of
17 June , 1996.
18 /-
19
20 Tom Minor, Mayor
City of San Bernardino
21
Approved as to
form and legal content:
23 James F. Penman
24 City Attorney
25
26 By: I
27 O. 13-Mid-Management
28 4