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HomeMy WebLinkAbout19-Human Resources ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Date: March 25, 2005 Subject: RESOLUTION IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO & EMPLOYEES IN THE GENERAL BARGAINING UNIT REPRESENTED BY SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION (SBPEA) MICC Meeting Date: April 4, 2005 From: Linn Livingston Dept: Human Resources Synopsis of Previous Council Action: . On October 3, 2001, the Mayor and Common Council approved Resolution No. 2001- 303, Resolution of the City of San Bernardino implementing a Memorandum of Understanding between the City of San Bernardino and employees in the General bargaining unit of the City of San Bernardino represented by San Bernardino Public Employees Association. Recommended Motion: 1. Adopt resolution. 2. Authorize the Director of Finance to transfer $268,600 from the FY 2004-2005 General Government Budget to departments that are funded with General Funds and which have General Unit employees. Also, all Non-General Fund Budgets are to be amended as necessary as outlined in the staff report. p(/~ S[:Y::~~ Contact person: Linn Livinaston Phone: 384-5161 Supporting data attached: Yes Ward: . ~,. FUNDING REQUIREMENTS: Amount: FY 04/05 $341,300 FY 05/06 $894,700 FY 06/07 $1,292,900 Source: (Acct. No.) (Acct. Description) Finance: Council Notes: ~. :;, 005'..1:;- Agenda Item No. . / 1 jq Lf/if/OS- ,I~ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subiect: Resolution implementing a Memorandum of Understanding between the City of San Bemardino and employees in the General bargaining unit represented by the San Bernardino Public Employees Association (SBPEA). Backl!round: The contract with the General Unit employees expired on June 30, 2004. The City Team and the San Bernardino Public Employees' Association (SBPEA) reached a tentative agreement on a successor Memorandum of Understanding (MOD) and member ratification. Following is the economic benefits package: Wal!es: Effective April I, 2005, a one-and-one-halfpercent (1.5%) Cost-of-Living Adjustment (COLA) will be given. This COLA will result in the entire pay scale moving upward by one-and- one-half percent (1.5%). Effective January I, 2006, a one percent (1%) COLA will be given. This COLA will result in the entire pay scale moving upward by one percent (I %). The City will conduct a classification and compensation study of positions in the General Unit to be completed on or about September 1, 2007. The study will be brought for adoption to the Mayor and Council in the form of a side letter at a later Council meeting date. Sil!ninl! Bonus: Each member of the General Unit group will receive a signing bonus of $140 on the first available payroll check following Mayor and Council approval. HealthlLife Insurance: As of January 1, 2005, the City will contribute an additional $45/per month towards Employee Plus One or More Dependents ($445), and an additional $30/per month towards Employee With No Dependents ($295). Effective January 1, 2006, the City will contribute an additional $32/per month towards Employee Plus One or More Dependents ($477), and an additional $32/per month towards Employees With No Dependents ($327). Effective January 1, 2007, the City will contribute an additional $32/per month towards Employee Plus One or More Dependents ($509), and an additional $32/per month towards Employees With No Dependents ($359). Bilinl!ual Pav: Effective with the signing of this contract, the number of positions designated as bilingual will be increased to 40. Holidavs: Effective 1/1/06 employees will receive 9 hours of holiday pay for each city paid holiday. Accrued holiday balances will be paid out at 90% of total hours upon separation or retirement. The term of the new MOU is from July 1, 2004, to December 31,2007. Attached is the new General Unit Employees' Memorandum of Understanding. Financial Impact: The cost of this package: FY 2004-05: General Fund Non-General Fund FY 2005-06: General Fund Non-General Fund FY 2006-07: General Fund Non-General Fund The total cost for the three-year contract: Annual recurring cost is: Recommendation: 1. Adopt Resolution. $268,600 72.700 341,300 $711,000 183.700 $894,700 $1,025,300 267.600 $1,292,900 $2.528.900 $1.378.700 2. Authorize the Director of Finance to transfer $268,600 from the General Government Non-Departmental funds to departments with General Unit General Fund employees. 3. Authorize the Director of Finance to amend Non-General Fund budgets. 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MO "'cO ~<i> ~ Q) "'- 00'" >oil: ::E.2:- - ~ C ::J 00 ::!E:C Ol Ol 0:>0:> '" '" ~ ~ Ol Ol ~~ o o o 1 Resolution NO.JOO ~r RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE GENERAL BARGAINING UNIT OF THE CITY OF SAN BERNARDINO REPRESENTED BY SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION. 2 3 4 5 WHEREAS the designated representatives of the Mayor and Common Council met and 6 conferred in good faith with representatives of San Bernardino Public Employees' Association 7 (SBPEA) representing the General Unit employees of the City of San Bernardino, in 8 9 accordance with the provisions of Government Code Sections 3500-3510, to agree upon a new 10 Memorandum ofVnderstanding (MOV); 11 WHEREAS such meetings resulted in agreement on an MOV (Exhibit A, a copy of 12 which is attached hereto and incorporated herein) effective July 1, 2004, through December 31, 13 2007. 14 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 15 SAN BERNARDINO, AS FOLLOWS: 16 SECTION 1. Exhibit A to this resolution is hereby adopted establishing wages, hours and 17 working conditions for employees in the General bargaining unit of the City of San 18 Bernardino. 19 11/ 20 III 21 22 III 23 III 24 III 25 III ){D. /q Jj /1/DS o 7 8 9 10 11 12 0 13 14 15 16 17 18 19 20 21 22 o 1 RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE GENERAL BARGAINING UNIT OF THE CITY OF SAN BERNARDINO REPRESENTED BY SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION. 2 3 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Common 6 Council of the City of San Bernardino at a meeting thereof, held on the day of , 2005 by the following vote, to wit: COUNCILMEMBERS: ESTRADA LONGVILLE MC GINNIS DERRY KELLEY JOHNSON MC CAMMACK NA YES ABSTAIN ABSENT AYES Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this of ,2005. Judith Valles, Mayor City of San Bernardino Approved as to form and Legal content: 23 JAMES F. PENMAN, City Attorney 24 25 By: Items:Reso.Gen.UnilMOU.05 o GENERAL UNIT EMPLOYEES MEMORANDUM OF UNDERSTANDING o Made-..enteredoInto Between Tha.{;ity of -SaD'. Bernardino an(i, The San Bernardino:Public Employees' Association JULY 1, 2004 TO DECEMBER 31,2007 o CITY OF SAN BERNARDINO OFFICE OF THE DIRECTOR OF HUMAN RESOURCES o c o TABLE OF CONTENTS Article/Section Title Page Resolution No. XXXXX Implementing a Memorandum of Understanding.............................. 5 Definition of Terms......... ....... ............................................................ 7 ARTICLE I Section I Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 ADMINISTRATION ....................................................................... 8 Management Rights ........................................................................... 8 Employee Rights ................................................................................ 8 Contract Services ............................................................................... 9 Agency Personnel Rules .................................................................... 9 Safety Committee......... ...................................................................... 9 Labor-Management Committee ......................................................... 10 Time Off For Employee Representatives .......................................... 11 ARTICLE II Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Section 11 Section 12 Section 13 Section 14 EMPLOYER-EMPLOYEE RELATIONS.................................... 11 RecognitionlUnion Security............................................................... 11 No Strike..... ........ ..... ............................... ................................... ........ 12 Payroll Deduction for Union Dues .................................................... 12 Grievance Procedure ........ .................................................................. 13 Union Representation......................................................................... 15 Employee Lists................................................................................... 16 Skelly Rights .......................... .... ........................................................ 16 Non-Discrimination ........................................................................... 17 Personnel Files ................................................................................... 17 Bulletin Boards .................................................................................. 18 . Budget Documents............................................................................. 18 Employee Orientation ........................................................................ 18 New Employee Information............................................................... 19 Mailbox .............................................................................................. 19 ARTICLE III Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Section 11 COMPENSATION .......................................................................... 19 Salaries...................... ......................................................................... 19 PERS ............................ ...................................................................... 20 Overtime ............................................................................................ 20 Higher Acting Classification Pay....................................................... 21 Classification Appeal ........................................................................ 21 Call-Back/Standby Assignment & Pay........................................._.. 22 Shift Differential................................................................................ 24 Personal Tool Replacement Allowance ............................................. 24 Fines ................................................................................................... 25 Bilingual Pay ..................................................................................... 25 Special Certification Pay......................... ...................................... ..... 26 2 General- Unit MOU o o o Article/Section ARTICLE IV Section 1 Section 2 Section 3 Section 4 Section 5 ARTICLE V Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Section 11 Section 12 Section 13 Section 14 ARTICLE VI Section 1 Section 2 Section 3 Section 4 Section 5 ARTICLE VII Section 1 Section 2 Section 3 Section 4 Section 5 SIGNATURE PAGE Title Page FRINGE BENEFITS ........................................................................ 26 Health/Life Insurance......................................................................... 26 Uniforms, Rain Gear & Safety Equipment........................................ 28 Education Tuition Assistance ............................................................ 30 Parking Facilities ............................................................................... 33 Employee Assistance Program (EAP) ............................................... 33 LEAVES ........................................................................................... 33 V acations............................................................................................ 33 Holidays ...... ........ .................. ................ ......... .................................... 35 Sick Leave.......................................................................................... 37 Payment of Sick Leave ...................................................................... 39 Catastrophic Leave................. ............................................ ................ 40 Injury Leave ....................................................................................... 40 Leave of Absence Without Pay.......................................................... 41 Witness Leave .................................................................................... 42 Blood Donations ................................................................................ 43 Election Leave ................................................................................... 43 Military Leave.................................................................................... 43 Union President Leave....................................................................... 43 Jury Duty ........................................................................................... 44 Accumulated Leave Conversion Plan (ALP)..................................... 45 WORKING CONDITIONS ............................................................ 45 Work Periods .................................................................................... 45 Physical Examinations ..... .......................... ........................................ 46 Probationary Period .......................................................................... 46 Seniority............................................................................................. 46 Reasonable Suspicion Drug and Alcohol Testing ............................. 47 General Provisions ........................................................................... 48 Waiver Clause .................................................................................... 48 Severability ........................................................................................ 48 Printing of Memorandum of Understanding ..................................... 48 Term of Memorandum of Understanding.......................................... 49 Notice of Intent to Reopen ................................................................ 49 ............................................................................................................ 50 3 General Unit MOU o o o INDEX ............................................................................................................52 EXHIBITS Exhibit I Resolution No. 6413, Section Ten: General Employees (salary increases effective 4/1/05) Resolution No. 89-38, Employees' Time DITto Vote City of San Bernardino Reasonable Suspicion Drug! Alcohol Testing Procedure Exhibit 3 Exhibit 4 4 General Unit MOU o This page intentionally left black For executed Resolution c Ie I I I i I, I 5 General Unit MOU o This page intentionally left black For executed Resolution o o 6 General Unit MOU o o o Citv: Classification: Dav: Exclusion: General Unit: Mandatory and Permissive: MOU: DEFINITION OF TERMS The City of San Bernardino Includes titles listed in Section 10 of City Resolution No. 6413, as amended. As it pertains to a heliliay, sick leave day or a vacation day, one (I) "day" equals eight (8) hours, unless othelWise specified. Excluded from the General Unit for purposes of representation are: classification titles designated as management/confidential, middle- management or safety, positions established and created under federal contract, and temporary, part-time, provisional and probationary individuals. Includes titles listed in Section 10 of City Resolution No. 6413, as amended. Additional titles in the General Unit may be established by the Mayor and Common Council. Also reference "Exclusions" above. "Shall" is mandatory; "may" is permissive. Memorandum of Understanding Re2ular Full-Time An Emplovee who has been appointed to a Re2ular. Full-Time Emplovee: position and has completed hislher probation period. Union: The exclusive bargaining representative for the General Unit 7 General Unit MOU o o o ARTICLE I - ADMINISTRATION SECTION 1 - Management Rights This Memorandum of Understanding (MOD) shall not be deemed to limit or curtail the City in any way in the exercise of the rights, powers and authority, which the City had prior to adopting this MOU, except to the extent that the provisions of this MOU specifically curtail or limit such rights, powers and authority. Furthermore, the City retains all its exclusive rights and authority under City Charter, ordinances, resolutions, state and federal laws and expressly and exclusively retains its management rights, which include but are not limited to: the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of selection for employment promotions; direct its employees; establish and enforce dress and grooming standards; determine the methods and means to relieve its employees from duty because of lack of work or other lawful reasons; maintain the efficiency of governmental operations; determine the methods, means and numbers and kinds of personnel by which government operations are to be conducted; determine the content and intent of job classifications; determine methods of financing; determine style and/or types of City-issued wearing apparel, equipment or technology, means, organizational structure and size and composition of work force and allocate and assign work by which the City operations are to be conducted; determine and change the number of work locations, relocations and types of operations, processes and materials to be used in carrying out all City functions, including but not limited to the right to contract for or subcontract any work or operations of the City; assign work to and schedule employees in accordance with requirements as determined by the City, and establish and change work schedules and assignments upon reasonable notice; establish and modify productivity and performance programs and standards; discharge, suspend, demote, reprimand, withhold salary increases and benefits or otherwise discipline employees in accordance with the applicable law; establish employee performance standards including, but not limited to quality and quantity standards; and, carry out its mission in emergencies and exercise complete control and discretion over its organization and the technology of performing its work. SECTION 2 - Employee Rights (The City ana the UBien HJ:1HuaHy agree 19 meet aae eeRfer regariliflg medifyiBg this langl:1age peDding 186 eatesme ef tlte ~A..geBey Shell eleetiea.) A. Employees of the City have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations, including but not limited to: wages, hours and other terms and conditions of employment. Employees of this City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the City or by employee organizations because of the exercise of these rights. 8 General Unit MOU o o o B. The City, through its representatives, shall meet and confer in good faith only with representatives of formally recognized employee organizations regarding matters within the scope of representation, including wages, hours and other terms and conditions of employment. SECTION 3 - Contract Services It is not the intent of the City to cause employees to lose their jobs because of a decision to contract work. If a decision is made by the City to contract work not now contracted, and that decision will result in change in the work conditions or status of employees in the unit, the City agrees to meet and confer in good faith with the Union prior to making a final recommendation to the Mayor and Common Council. SECTION 4 - Agency Personnel Rules It is understood and agreed that there exists within the City in written or unwritten form certain personnel rules, policies, practices and benefits generally contained in "Civil Service Rules and Regulations for the Classified Service"; Resolution No. 6433, as amended; Resolution No. 10584, Establishing Uniform and Orderly Methods of Communications Between the City and its Employees for the Purpose of Promoting Improved Employer-Employee Relations, as amended; and, Resolution No. 10585, Adopting Rules and Regulations Relating to Employer- Employee Relations, as amended, which documents will continue in effect, except for those provisions modified by the Common Council in accordance with state laws, orders, regulations, official instructions or policies. In the cases of proposed changes to the resolutions other than by agreement, the Union shall be consulted with prior to the consideration of these changes by the Mayor and Common Council, except in cases of emergency as defined by the Mayor and Common Council, in which cases the Union will be consulted with as soon as possible after the changes. Any departmental work rules initiated,. established and promulgated by the City shall be posted on bulletin boards ten (10) days prior to their effective date, except in emergency situations. A copy of such rules shall be sent to the Union office. The reasonableness of any disciplinary action taken as a result of a violation of any departmental work rule may be determined in the grievance procedure at the employee's election. The City shall make reasonable efforts to acquaint employees with work rules. Work rules shall be uniformly applied. Each Department of the City, with the exception of the Police and Fire, shall provide SBPEA with a current copy of their Departmental Work Rules on an annual basis, no later than June 30 of each year. The Police and Fire departments will provide updates as they occur. SECTION 5 - Safety Committee There is established an Employee Safety and Accident Review Board and Safety Committee in which the General Unit has membership (three (3) members). The Board will 9 General Unit MOU o o o review all recordable accidents (both City equipment and personal injury of City employee) and make recommendations to the City Administrator and Director of Human Resources for all corrective actions in establishing better job safety. The Board wiIl improve safety communications throughout the City and review each accident on or off City property. The Board wiIl investigate all "industrial type" accidents and "vehicular" accidents and make recommendations on how the accident could have been prevented. The Board is expected to establish its own rules of conduct, to elect its own officers at the first meeting in January and keep minutes of all its meetings, findings and recommendations. The Committee is expected to meet no less than once a month at a time agreeable to all members. Upon completion of reviews by the Committee of accidents! incidents, the Committee will make recommendations for corrective measures to establish safer working conditions and may recommend disciplinary action. It is of mutual benefit to the City and to the employee to be fully aware of and comply with all safety rules and regulations. The City, Union and employees agree to work towards preventing job-related injuries to employees and damage to both public and private property. Guests and/or speakers will be allowed to attend based on advance notice to the City and mutual agreement. In the event a representative from either side is unable to attend a meeting, the spokesperson from eaclt side may. with two (2) working days' notice to the other side, select an alternate from a predesignated pool of employees. The "pool" will consist of up to three (3) employees, whose names will be exchanged by the City and the Union each July. The Safety Committee shall forward to the SBPEA office a copy of all minutes, fmdings and recommendations at the conclusion of each meeting. SECTION 6 - Labor-Management Committee The Labor-Management Committee shall continue for the term of this MOU. Its continuing purpose is for the discussion of common problems that are not addressed in other existing procedures. The Union shall designate three (3) representatives to serve on the Committee from different departments. The City shall also designate~(3) representatives to serve on the Committee. The Committee wiIl select a chairperson who wiIl be responsible for receiving items, establishing agendas and informing participants of the time and place of meetings. The Committee shall normally meet at least quarterly or may meet more often if necessary at a mutually agreed upon time and place. Recommendations shall be considered by management. The Union wiIl provide a list of the three (3) Committee members to the Director of Human ~esources each July. Guests and/or speakers wiIl be allowed to attend based on advance notice to the City and mutual agreement. 10 General Unit MOU o o o In the event a representative from either side is unable to attend a meeting, the spokesperson from each side may, with two (2) working days' notice to the other side, select an alternate from a pre-designated pool of employees. The "pool" will consist of up to three (3) employees, whose names will be exchanged by the City and the Union each July. SECTION 7 - Time Off for Employee Representatives The Association may designate up to ten (10) 'representatives from the Departments! Divisions listed below to meet for one (1) hour per month on City time at the end of the City Hall workday. The Union will submit names of employees to the Human Resources Department prior to the first meeting. The Union will provide any changes in employee names to the Human Resources Department prior to subsequent meetings. The time must be scheduled in advance. Department approval is required for release time. Following is the breakdown of employees by Department/Division: Animal Control City Hall Facilities Management Fire Library or SBET A Parks, Recreation &.Community Services Refuse Division Police Streets Division 1 1 1 1 1 1 1 2 1 TotaL 10 ARTICLE ll- EMPLOYER-EMPLOYEE RELATIONS SECTION 1 - RecognitionlUnion Security (The City aRa the Uaiea m\KHally agree t9 meet aRc! eaRrer Feg8fdiRg meaifyiag this hmgaage peBtiiRg the e\:lteeme sf tke AgeBsy Seep sleetieR.) EJ[elllsi~!e.,. fssegaitieB sf the URieR is aekmv;lleagea for the 'JJH.11*lse- ef RteeliBg ana eeBferfiBg. eft wage&,_ asYfS 8.ft.Q iivefkiag eeRditieBs, alul sf gen6ml repFeseRtatlsR witkia the wit of represeBtaaaH. The, lllassHillaaoa lilies of these geaeral regular BIftJlloyees ia the lHIit fer ~;.itieBtile~-Unian.ha&.heeRFeeegaizea enelasively as tHe 8xshtsive feprsseRtativ8 aFe listed BB8er Seetioa 19 01 City Kesehitioa No. /iH>, as lH"RBftEleEl, Bl!ehuling thBfefrem: pesiaoa &BEl eloosHeatieR titles Eleson.sEl as mMagemBfttleaftHEleatial, millElle mllflBgBmeat ar sllbsel:jlleally so Elesigaateli BY llie City, positians estellliskes Mil ereates lIRser fesl!fai eoHlft!el, anll taese empleyeas .JIRHa u-~nt pla~/isieaal af pooBatieaary statilS. 11 General Unit MOU o o c The City hereby acknowledl!es that SBPEA has been and is recol!nized bv the City as the exclusive representative for the General Unit emplovees for purposes of meetinl! and conferrinl! on wal!es. hours. and other terms and conditions of emplovment and for all other matters related to emplover-emplovee relations for these emplovees. The granting of "exclusive" recognition shall not preclude employee self-representation in matters where individual rights, protections and concerns are involved; provided, however, the representation rights of the Union as exclusive representative shall not be compromised thereby. If a unit member does not wish to be represented by the Union in matters pertaining to grievances and disciplinary appeals and wishes to represent himself/herself, such member shall be required to provide the Union and the City with a signed statement waiving the right to Union representation in such matters. SECTION 2 - No Strike It is the purpose of the MOU, for the parties hereto, to confirm and maintain the spirit of cooperation, which has existed between the City and the employees of the City. It is recognized that any work disruptions are unproductive to City operations and services provided to its citizens. The Union and the City agree that they shall, at no time or in any way, jeopardize the public health, welfare and safety of the City's business and residential communities. Thus, the Union and the City will strive to promote a harmonious relationship between the parties to this MOU that will result in benefits to the City and will provide continuous and uninterrupted employee services. It is. therefore, further agreed that the Union shall not, on behalf of itself and its members, individually or collectively engage in any curtailment or restriction of work at any time during the term of this MOU. SECTION 3 - Payroll Deduction for Union Dues (The City and the URieR lBIIRtelly agree te meet aRa seRrer fegaFEliRg meaifyiag this hmguage I'efldiag the salaams efthe ",A.geaey Sasp eleetieR) The City agrees to provide Union dues deductions for Union members only as long as the Union remains the exclusive representative for the employees within the bargaining unit. Conversely, no other employee organization shall be permitted dues deduction privileges for employees within the bargaining unit. The City shall not be liable to the Union, employees or any other person by reason of the requirements of this article for the remittance of any sum other than that constituting actual deductions made from employee wages earned. Dues shall be deducted from the pay of each employee who signs the authorized payroll deduction card as a monthly sum certified to the City by the Secretary of the Union as the regular monthly Union dues and insurance fees. The amount of dues shall be affixed to each authorization card by the Union. A letter of authorization, signed by the Union Secretaryl Treasurer, indicating the date of the meeting and approval of dues by the general membership, shall constitute proof. The City will not deduct any pay for initiation fees, fines or other special 12 General Unit MOU o o o assessments. Dues deduction shall be a specified uniform amount for each employee and any change in the amount of dues deducted shall be by written authorization from the Union, provided however, that the Union shows proof that the general membership has voted and approved any change in the amount of dues. The employee's earnings must be sufficient after other legal and required deductions are made to cover the amount of the dues checkoff authorized. When a member in good standing of the Union is in a non-pay status for an entire pay period, and the salary is not sufficient to cover the full withholding, no dues withholding will be made to cover the period from future earnings, nor will the member deposit the amount with the City, which would have been withheld if the member had been in a pay status during that period. All other legal and required deductions have priority over employee organization dues. Dues withheld by the City shall be transmitted to the office designated by the Union in writing at the address specified in the letter of authorization. All unit members who were members of the Union on June 1,2001, and those employees who thereafter become members shall remain as members in good standing of said Union the duration of this MOU, except as provided for in this article. During the first full work week in June, a member may request to the Finance Department in writing, with a copy to the Union President, to withdraw hislher authorization for dues deduction, which shall become effective in the first payroll period in August. The Union shall indemnify, defend and hold the City harmless against any claims made and against any suit instituted against the City in regard to employee organization dues. In addition, the Union shall refund to the City any amounts paid to it in error, upon presentation of supporting evidence. SECTION 4 - Grievance Procedure Definition of Emolovee Grievance: A grievance is an alleged violation of the terms of the MOU or of the laws, ordinances, resolutions concerning or affecting wages, hours or other conditions of employment. The remedy selected by the employee shall be the exclusive remedy pursued, either through the grievance procedure or through disciplinary appeals to the Civil Service Board. If the employee chooses to appeal disciplinary action to the Civil Service Board, he/she shall be precluded from filing a grievance. Additionally, allegations of discrimination and harassment may be submitted to the Equal Employment Officer. As used in this procedure, the term "immediate supervisor" means the lowest level of supervisor not within the general employee representation unit. The procedure provides a mechanism for settling the grievance informally with the "immediate supervisor," up to and including the Division Head. 13 General Unit MOU c c o If this proves unsatisfactory, the grievance may be formally presented to the Department Head or designee, the Director of Human Resources, and finally to the City Administrator who will be the ultimate authority. The aggrieved employee shall have the right to be represented, if he/she desires, by the designated Union representative. Working Dav: As used in this section, "working day'" shall refer to the employee's working day or to the working day of the other party involved (supervisor, Division Head, Department Head, Director of Human Resources, City Administrator and/or their designees), depending upon whose response or action is pending. Procedural Stens for Handling Grievances: A. Informal: An attempt shall be made to ascertain all facts and adjust all grievances on an informal basis between the employee and a supervisor in the employee's chain of command, up to and including the Division Head. Presentation of the grievance must be submitted to the Informal Step within ten (10) working days of the incident causing the grievance or ofthe grievant's knowledge of the incident's occurrence. The date and the subject of the incident should be provided with the request for the informal meeting. Within ten (10) working days of the presentation of the grievance, the supervisor shall provide an oral response to the employee. The supervisor will document (for record purposes) hislher response to the employee in the event the grievance proceeds to the Formal level. B. Formal: 1. If the grievance is not adjusted to the satisfaction of the employee involved, the grievance shall be submitted in writing by the employee or hislher designated representative to the Department Head or hislher designee within ten (10) working days from the date ofthe oral response. The Department Head or hislher designee shall meet with the employee and/or hislher designated representative within the next ten (10) working days of receipt of the written grievance and shall deliver hislher answer in writing to the employee within ten (10) working days after the meeting. 2. If the grievance is still not adjusted, the aggrieved party may file a written appeal with the Director of Human Resources within ten (10) working days from the date of delivery of said answer. The Director of Human Resources or hislher designee shall meet with the employee, and if the employee desires, the designated Union representative, within ten (10) working days after receipt of the appeal and shall deliver hislher answer in writing to the employee within ten (10) working days after the meeting. 3. If the grievance is still not adjusted, the aggrieved party may file a written appeal with the City Administrator or hislher designated representative within ten (10) working days from the date of delivery of said answer. 14 General Unit MOU o o 10 I I I The City Administrator or hislher designated representative shall deliver hislher answer in writing within ten (10) working days after receipt of the appeal. 4. The decision of the City Administrator or hislher designated representative is final and binding on all parties, unless reversed by a court decision. 5. All grievances shall be treated as confidential, and no publicity shall be given the final resolution of the grievance. C. Time Limits: Any grievance not answered by the City within the specified time limit listed above shall be deemed settled on the basis of the Union's original demand. Likewise, any specified adjustment not appealed by the employee or hislher designated representative within the specified time limits listed above shall be deemed settled on the basis of the last City official's answer. Time lines as above may be extended by mutual agreement only. D. Consolidation of Grievances: In order to avoid the necessity of processing numerous similar grievances at one time, a single "class" grievance may be filed as long as the grievances are from employees within a single department. The City also has the right to consolidate responses to such grievances. If the grievant is a group of three (3) or more employees within a department, the group shall appoint one (I) or two (2) employees who signed the grievance to speak for the collective group throughout the grievance process. SECTION 5 - Union Representation When requested by an employee, a steward may represent an employee in a grievance, as defined in ArticldI, Section 4, Grie.vancd!rocedure. The steward representing an employee in a grievance proceeding shall be allowed reasonable time during working hours for such purposes without loss of time or pay, with two (2) working days' advance written notice to. and with the approval of, the immediate supervisor, who shall notify and obtain the concurrence of the Division or Department Head. Approval to investigate and process a grievance will not be unreasonably withheld. The privilege of stewards to leave their work during working hours without loss of time or pay is subject to the understanding that time will be devoted to the proper handling of grievances within the unit of representation, will conform to department work rules and will not be abused. Stewards will perform their regularly assigned work at all times, except when necessary to leave their work to handle grievances as provided herein. A steward will not be granted time ofT nor compensation for the purpose of handling grievances outside the unit of representation, which the Union has been exclusively recognized within the City. A steward may be allowed leave of absence without pay by the Mayor and Common Council to attend Union training courses and Union conventions if the Department Head concurs. 15 General Unit MOU o o o A ratio of one (1) steward for every fifty (50) pennanent employees in the unit shall be recognized by the City. Any substantiated abuse of the privileges accorded stewards with regard to reasonable time off and compliance with the requests of his/her immediate supervisor, or conflicts which arise between duty requirements and the handling of grievances, may be cause to suspend this privilege, and both parties will caU an immediate special consultation between the City Administrator or his/her designated representative to resolve the problem. Punitive action shall not be taken against employees for perfonning their duties as stewards. The Union shall furnish the Director of Human Resources with an up-to-date steward list each quarter including names of stewards and work locations. Changes other than on the quarterly lists will not be recognized by the City, other than for a steward who has left the bargaining unit or City employment. SECTION 6 - Employee Lists The City agrees to provide the Union with a list of names of the General Unit by City department, every six (6) months, beginning in January of each year. SECTION 7 - Skelly Rights It is mutually agreed that the City subscribes to the concept and application of progressive discipline. Discipline shall be imposed upon an employee only for just cause. If the employer has reason to reprimand an employee, it shall be done in a mllnrrer that will not embarrass the employee before other employees or the public. When an action for suspension or tennination has been taken, subject to appeal, the employee will be apprised of the action, the reason therefore, and will be provided with a copy of the charges including material on which the action was based. Employees have the right to Union representation as provided under Government Code Section 3500 et seq. (Meyers-Milias-Brown Act). A. The employee shall receive advance notice of the proposed disciplinary action. Reasonable advance notice shall be provided to the employee. B. The. notice. must "ontain the reasons and the charges upon which the proposed action is based. C. The notice must also contain a statement of the events or circumstances upon which the action is based. D. The employee must be given the materials, if any, upon which the action is based. 16 General Unit MOU o E. The employee shall have the right to respond either orally or in writing within five (5) working days of receipt of Skelly package to the appointing authority (Department HeadlDivision Head) imposing the discipline. F. The disciplinary procedure should be used for all serious disciplinary actions, which are normally considered (1) demotions; (2) discharges; (3) reductions in pay; and, (4) suspensIons. SECTION 8 - Non-Discrimination The City and the Union agree that there shall be no discrimination against employees within the bargaining unit because of race, color, creed, religion, national origin, sex, age, marital status or Union membership. Union membership also includes Union activities. Further, there shall be no discrimination against qualified individuals with disabilities as defined by the Americans with Disabilities Act (ADA) of 1990, when those individuals do not pose a risk to the health or safety of themselves or others. The ADA expressly identifies reassignment to a vacant position as one form of reasonable accommodation. SECTION 9 - Personnel Files o A. The Human Resources Department shall keep and maintain an official personnel file for employees, which shall contain information relative to the employee. No other files, records or notations shall be official except as may be prepared or used by the City or its counsel in the course of preparation for any pending case, such as the Department of Fair Employment and Housing or Civil Service matter or grievance. B. An employee's department may maintain a file pertaining to an employee, which shall contain job-related information only. It shall be the supervisor's responsibility to inform the employee, with a copy thereof, of any detrimental material in the file that may affect the employee's performance evaluation. An employee may grieve over the factuality of, or propriety of, any material in such file. Such files shall be confidential. Both the City and the Union agree that an employee's failure to challenge any material in such file does not justifY the conclusion that the employee is in agreement with any such materials. Such files shall not contain a copy of any disciplinary action against an employee. C. Employees and/or their authorized representatives, if authorized by the employee, shall have the right upon written request to review the contents of their official personnel files and department files. Such review may be made during working hours with no loss of pay for time spent, and the employee may be accompanied by hislher authorized representative if he/she so wishes. Reasonable requests to copy documents in the files shall be honored. o D. A copy of any disciplinary action or material related to employee performance, which is placed in the personnel file, shall be served upon the employee (the employee so noting 17 General Unit MOU o o o receipt), or sent by certified mail (return receipt requested) to hislher last address appearing on the records of the City. It is the obligation of each employee to provide the City with hislher current address. E. A full-time, permanent employee shall have thirty (30) working days in which to file a written response to an employee performance evaluation entered in his or her personnel file. Such written response shall be attached to the employee performance evaluation. The thirty (30) working days will commence with the date the employee receives the evaluation for signature. The Human Resources Department will distribute to all City departments a memorandum explaining employee performance evaluation response procedures for General Unit employees. F. Employees may request that any documents contained in the file of a derogatory nature will be purged from their files after a period of twenty-four (24) months and no further actions have occurred similar in nature. The department head shall review such request and will have final say on what will be purged. SECTION 10 - Bulletin Boards The City will provide adequate space on bulletin boards in each department/division for the purpose of the Union posting notice of pertinent Union business. The Union agrees that nothing libelous, obscene, defamatory or of a partisan political nature shall be posted. In the event that there is a dispute arising out of the pertinence of any literature the Union chooses to post, the City Administrator or hislher designated representative and a Union representative will meet as soon as possible to resolve the problem. SECTION 11 - Budget Documents The City agrees to provide the Union at no cost one (l) copy of the annual financial report, preliminary budget, final budget and resolutions or ordinances as requested by the Union. SECTION 12 - Employee Orientation The City will distribute the Memorandum of Understanding, or contract term and conditions, as part of the employee orientation program conducted by the City for new employees. The City will allow the union to make a presentation at employee orientations. 18 General Unit MOU o o o SECTION 13 - New Employee Information Once per month, the Human Resources Department will furnish the Union with information on new General Unit employees, excluding their home addresses. Data will include name, title, department, department phone number and date of hire. Data will not be provided until at least ten (10) working days following approval of the appointment by the Mayor and Common Council. SECTION 14 - Mailbox The City will offer a mail slot for the General Unit in the mailroom area City established for City departments. ARTICLE III - COMPENSATION SECTION 1 - Salaries Salaries are per Resolution No. 6413, Section Ten, as amended by the Mayor and Common Council. Bffeetj.:e tlte falleYfing J:'ayrell after CeHHsil appFe..~al sf tfie MOO, empleyees ill the Cmeml Unit willee aejastea &em ~eir GliFfeR! salar! f8flges and stSf's t8 tHe Be~.! fBIlges and steps as set feFtlt ill the ClassiiisatieB BREI CempeBsatieB Study feeei./ea 8flQ filed BY the J.4:wyer ana CammeR CSl:lRsil iB ~4arelt ef2QQI. Fer implemef1tatiea J31:HfJ9se sBly, step plaeemeftt ..vill Be HaMes! dellar tltat j3Fe./iEles a feeT pefseHt (~~{,) salary aEljl:lstmeBt llsiag a eRe fJ8f68Bt (1 ~<') salary seale. The aBly eneeJJtisa \9/sHld he 8B empleyee 911ft9Se B8"\' F8.Bge v:S1:lIEl Bet aHev-: a feM pefeeRt (4~<') adj1!&BfieBt, ia .xlHeh ease the empleyee .::81:118 Be plaaee at teJ:1 step sf ~ ae9.v fIIflg&.- SHhs8E1li8al steJ' iasf8as8s, hased 6n eHfTeBt step iBsrease sates, \'''lill fe'":eft ta tHe SHHeat fi'"'e peFeeBt (5~<') iBefease v.itkiB the assigRed fiHlge, emf31eyees V/Bese ftlftge \'"lill Bet sappeR 8 ~'"'e pereeat (5~<') iRerease ';;ill feeei'"'e less than fi.;e pefeeBt (5%.). Effective JllffiIlIt)' 1, 2993, April 1. 2005. a fsur Jlersefll (1%.) one-and-one-half percent (1.5%) Cost-of-Living Adjustment (COLA) will be given. This COLA will result in the entire pay scale moving upward by Calif JlereeBt (1%-) one-and-one-half percent (1.5%). Effective January I, ~ 2006, a tllree pereeHl (3%) one percent (1 %) Cost-of-Living Adjustment (COLA) will be given. This COLA will result in the entire pay scale moving upward by three pereent (3%.) one percent (I %). Each member of the General Unit will receive a si!minl! bonus of $140 on the first available pavroll check followinl! approval of this MOU bv the Mavor and Common Council. Bonus is subiect to state and federal taxes. 19 General Unit MOU o c o The City. at its expense. al!rees to conduct a classification and compensation studv of positions in the General Unit. The City further al!rees that the studv will be completed on or about September 1. 2007. SECTION 2 - PERS For any employee hired on or after January 1, 1998, the City will pay five percent (5%) of the seven percent (7%) members' contribution to PERS credited to the employee's account as a fringe benefit. Upon said employees completing five (5) years of service, the City will pay two percent (2%) additional of the members' contribution to PERS credited to the employee's account as a fringe benefit on the first pay period of the sixth year of service. The City contracts with PERS for employees' retirement benefits. General Unit employees are normally eligible for "Service Retirement" once they reach age 50 and have five (5) years ofPERS-credited service. There is no compulsory retirement age for employees, such as General Unit employees, who are local miscellaneous members ofPERS. Employees inquiring about exceptions or about disability retirement should contact the City Human Resources Department or a PERS Area or Field Office. The City will pay the employer contribution for the Fourth Level 1959 Survivors' Benefit. The City has amended its PERS contract to provide the 2% @ 55 retirement benefit, with the cost associated with this amendment bome by the City. SECTION 3 - Overtime All employees in the General Unit (exempt as well as non-exempt) will receive overtime based on the requirements of the Fair Labor Standards Act (FLSA). Overtime work shall not be authorized unless the employee has obtained the prior approval of hislher Department Head or designated Division Head. Emergency overtime work may be authorized by the employee's supervisor without such prior approval, if obtained at the earliest possible time after the performance of emergency work. In instances where standby and call-back work is required and directed, it shall be regulated by, and paid in accordance with, the provisions contained in Article III, Section 5. Comoensatorv Time Bank: When an employee works overtime, he or she shall earn overtime at the FLSA rate. Following prior approval of overtime as described above, the employee will either be paid for the overtime worked or the number of overtime hours worked will be placed in a compensatory time bank, based on the employee's request. The Finance Department (Payroll) will track the compensatory time accrued and used, and the compensatory 20 General Unit MOU o o o time balance will appear an the emplo.yee's paycheck. Department Head approval will be required in o.rder far emplo.yees to. use time fro.m the co.mpensato.ry time bank. Once an emplo.yee's co.mpensato.ry time bank reaches eighty (80) ho.urs, the emplo.yee will be paid far all subsequent o.vertime wo.rked. By the end o.f June 30 each fiseal year, an emplo.yee's co.mpensato.ry time bank must be reduced to. fo.rty (40) ho.urs. Any ho.urs in the co.mpensato.ry time bank in excess o.f fo.rty (40) ho.urs as o.f as o.f June 30 o.f each year will be paid at the emplo.yee's regular rate o.f pay, and will be included an the first paycheck in December (December 15). If the emplo.yee terminates emplo.yment o.r if the emplo.yee is promo.ted to. a po.sitio.n in the City, the co.mpensato.ry time bank will be paid o.ff at the then current rate o.f pay. SECTION 4 - Higher Acting Classification Pay Upo.n appro.val by the City Administrato.r, a Department/Divisio.n Head may assign o.r reassign a qualified unit emplo.yee to. discharge the duties o.f a higher classificatio.n when a po.sitio.n is vacant o.r in the absence o.fthe incumbent. An emplo.yee so. assigned in writing by the Department/Divisio.n Head, with the approval o.f the City Administrato.r, shall receive acting duty pay starting an the sixth co.nsecutive day o.f each acting duty assignment. No. acting duty pay will be paid far the first five (5) days o.f each acting duty assignment, except fur tho.se: emp.loye:e:s.who. can:, prove that they ha.ve $CfVed a..to.tal o.ftwenty (20) days in a highe:r-actingclassificatioJr.dwil1!;cllte pie.io.ns twenty-four(24}1IlOIIths:. based upo.n their o.fficial Human ResourcesJlepartment reco~ The entire perio.d o.f assignment at the higher classificatio.n, including the initial.wo.rk demo.nstratio.n perio.d, may no.t exceed sixty (60) wo.rking days, except by the-mutua1 agreement at: the City and the emplo.yee. Effeetive "Nil!!. the signiag efl!!.8cBeVJ eeltfts.streEplplo.yeesin the.classifICation o.fRefuse. W o.rker I, II and. III assigned to. a higher acting positio.n will be eligible far higher-acting pay fro.m the first day. An emplo.yee assigned to. wo.rk in a higher classificatio.n an an acting basis shall receive at least five percent (5%) abo.ve hislher current base rate o.fpay. The City will no.t circumvent the intent o.f ~ aIticl~ by usinj} vario.us employees to thwart the intentio.n o.f this article. SECTl()N.S-~€lassificatioft" Appeal Emplo.yees who. believe they are perf arming duties o.f a higher level o.utside o.f their current classificatio.n, and who. believe they have been unable to. reso.lve the situatio.n satisfacto.rily, shall have the right to. appeal their issue via the current grievance procedure (Article II, Sectio.n 4). 21 General Unit MOU o o o SECTION 6 - Call-Back/Standby Assignment & Pay An employee who is free to engage in hislher own pursuits while off duty, subject only to carrying a beeper or to the understanding that the employee leave word at hislher home or the with the Department Head or designee) where helshe can be reached, is not working while on standby. If called back, the employee shall be paid for the time actually worked in accordance with Article III, Section 3. If a Department Head places an employee on standby, defined as the employee being in a state of readiness and immediate availability to come to work outside of their normal work hours, the Union and the City hereby agree that the following is compensation in full for the hours of work of the employee when in such standby status: Standbv Status Hrs Compensated For the employee's five (5) work days during their work week (or prorate at 1.0) 5 work hours For the employee's two (2) non-work days during their work week (or pro rate at 2.5) 5 work hours OR, For all seven (7) days during a work week 10 work hours AND, For any holiday, as described in this MOU, during which the employee stands by for all or any portion of the 24 hour day 1 extra work hour per holiday - added to the above The hours described above will be treated as time worked and paid at the rate of time- and-one-half (1-112). This amount will be paid, in addition to compensation for actual time worked, when the employee is called to work from standby status. The time worked shall also be paid at the rate of time-and-one-half (1-1/2). Employees of the Animal Control Division assigned to standby status shall be compensated at the rate of two (2) hours pay per day for such status. General Unit Call-Back Pay: An employee cannot be in standby status and call-back status at the same time. Employees not formally assigned to standby status may still be called back to work. If reached by their supervisor and called back to work, the employee will be paid for actual hours of work at the FLSA overtime rate of time-and -one-half (1-1/2) unless the employee has worked less than forty (40) hours in the work week due to use of paid or unpaid sick time. In such cases employee will be paid straight time. Department Heads may, however, pay at the overtime rate 22 General Unit MOU o o o ,._,""._~--.'" of time-and-one half (1/2) regardless of sick time taken in unusual circumstances at their discretion. An employee called back to work shall be paid for a minimum of one-and-a-half (1- 1/2) hours of work. The General Unit employees covered by this MOU are not so severely restricted in their activities while in standby status as to be "working while 'on call''' as that term is used in the Fair Labor Standards Act 29 CFR 785.17. Departments and Divisions, which utilize call-back/standby will prepare a qualified list of employees. DepartmentlDivision Heads will consider the following factors in establishing and maintaining call-back and standby lists: employee seniority; special qualifications; skills; and/or, voluntary work assignments. For Departments and Divisions assigning call-back and standby on a rotation basis, only the employee who appears first on the list may reject an assignment to call-back or standby. Rejecting an assignment will automatically place the first employee at the bottom of the list. The employee listed next must take the assignment. Departments and Divisions may use procedures that vary from the above, if the procedures are: (I) consistent with DepartmentlDivision work rules; or, (2) implemented result of an emergency situation. Emplovee Court Subpoena Time: All City employees appearing in court on their day off for a work-related court subpoena will receive compensation for the actual time spent in court, with a three (3) hour minimum. Additionally, employees will receive one-half (1/2) hour travel time for going to court. Employees will be reimbursed for all parking fees associated with the court appearance. In the event an employee is placed on standby on their day off for a work-related court subpoena, the employee will receive three (3) hours standby pay for each day on a standby status. For morning standby subpoenas where employees are called to court and do not go beyond 12:00 p.m. on that day, total compensation will consist of the three (3) hours standby along with one-half (1/2) hour of travel time. If employees have to appear in court after the noon recess, the actual additional time along with one-half (1/2) hour of travel time will be added to the three (3) hours standby. In cases where the subpoena is for 1:30 p.m. or another time, the standby will start with the time stated on the subpoena. All court-related compensation will be paid as time worked and at the appropriate straight time, or where applicable, at the FLSA overtime rate. Such compensation is in addition to compensation for any prior time actually worked pursuant to such subpoena. It is hereby agreed by and between the parties hereto that the General Unit employees covered by this provision are not so severely restricted in their activities while on standby status 23 General Unit MOU c o o as to be "working while 'on caU'," as that term is used in the Fair Labor Standards Act 29 CFR 785.17. SECTION 7 - Shift Differential Unit employees assigned to the Communications Division, Identification Bureau, Patrol and Police Records within the Police Department, and the garage within the Public Services Department, shall receive the following pay differential in addition to their pay for actual shift work designated as either the swing or graveyard shift. A. An employee assigned to the swing shift (normal start and ending time of 4:00 p.m. to 12 midnight, respectively) shaU receive $65 per month extra for all hours actually worked during such assignment; or, B. An employee assigned to the graveyard shift (normal start and end time of 12 midnight to 8:00 a.m., respectively) shall receive $100 per month extra for all hours actually worked during such assignment. C. Any employee who is permanently assigned to the swing or graveyard shift will receive the additional monthly pay. The additional pay will only begin and end on the 15t and the 16th of the month. Whenever permanent swing or graveyard shift employees work overtime on another shift, their hourly pay wiU include the additional monthly pay. D. Any non-swing/graveyard shift employees who work overtime in a swing or graveyard shift will only be paid at the regular rate of pay (no additional differential pay). E. The Departments, by memo, will inform Payroll which employees are permanently assigned to swing and graveyard shifts and should receive the additional monthly pay. Permanent is defined as working thirty (30) days or more. SECTION 8 - Personal Tool Replacement Allowance The City shall provide a tool replacement aUowance for damaged, lost or stolen personal tools in an amount not to exceed $350 per year, per employee. Only those employees in the following position classifications shall be entitled to such allowance: DeoartmentlDivision Classification( s) 1. Fleet Division 2. Engineering 3. Facilities Management Division Mechanics & Lead Worker Traffic Signal Electricians Maintenance Personnel (includes Plumbers) & Electricians I & II Mechanics 4. Fire Department-Maintenance Shop 24 General Unit MOU o o o The City will provide insurance coverage for Fleet and Fire Equipment Mechanic employee tools, if the entire toolbox is stolen from the City property. Claims against the above tool replacement allowance shall be honored provided when: (1) the personal tools had been required by the City; (2) the tool had been marked and inventoried by the employee; (3) a report of such inventory had been filed with the Department Head; and, (4) said tools had been properly maintained. Tools stolen or damaged through no fault of the employee will be replaced by the employee and reimbursement thereof will be made by the City, after submission of an appropriate City form accompanied by an approved invoice or receipt. Requests shall be submitted semi-annually, in June and December, or upon termination of the employee from City service for any reason. Damaged tools, which are replaced through reimbursement by the City as above shall be turned in to the Department Head and shall become the property of the City. During the term of this MOU, all newly-employed mechanic personnel in the Fire Department and Fleet Division, who may be required by their Department Head to purchase personal metric tools in order to effectively accomplish work assignments, shall be eligible to receive a one-time tool purchase allowance not to exceed $100 to assist in making such purchase. SECTION 9 -Fines The City shall pay for court fines imposed upon any permanent Employee within the unit of representation as a result of hislher conviction of a violation as a result of being directed to operate any faulty vehicle or equipment, where such fault is the proximate cause ofthe violation. SECTION 10 - Bilingual Pay General Unit employees, as designated by the City Administrator and who meet the certification and eligibility requirements as developed by the City, shall be compensated at the rate of fifty dollars ($50) per month. The duties of the employee receiving bilingual pay may be reviewed annua1Iy to determine that bilingual duties assigned to an employee are being performed on a regular and frequent basis. The designated employees may be tested annually for certification and recertification. Not more than t.....ellty (29) forty (40) General Unit employees may be designated to receive bilingual pay. The City Administrator or designee will retain the right to select the w:eaty (29) forty (40) eligible employees and to determine the departments where use of employee bilingual skills would be best served. The City shall reserve the right to determine languages for which testing will be conducted. 25 General Unit MOU o c o SECTION 11 - Special Certification Pay Bffeeti'/e JllIIlIary I, 2992, e Employees in the following classifications: . Code Compliance Officers; Equipment Mechanics; Animal Control Officers; City Clerk Business License Checkers Shall receive, in addition to their regular compensation, $50 a month payment ($25 paid each pay period) for obtaining and maintaining the following certifications: . ICBO or AACE Certificate . ASE designation of Master Certified Mechanic . Fire Mechanic Level II . NACA (3) Certificates . Certified Revenue Officer It shall be the responsibility of the department and the employee to provide payroll with a copy of their certifications and or renewal. Certificate pay is limited to $50 per month per eligible employee. ARTICLE IV - FRINGE BENEFITS SE€1'lf>N 1 - HealthlLife Insurance A. /',5 of JllII~' I, 2992, the City will eeetrilnHe: ..\11 adSitieaal $€iSJmeHtk te\vaMs haalta fJFemiHffis fer liRit eHlfJleyees \9:fie eBfell iR meaieal fJlans y:ith ~leyee PIHS ORe aT ~fere Depefldeftts. The ${j5,~eBtR y:ill result ia an inerease t8 a flat rate ef$400/m..8Rth; ..^.. gat Me sf $2{j5.~eBth te":.f8f6s the plH'ekase sf Bealta eare premilHBs fer HB~leyee \"/itk ~Je DepsBdeBts.n If 9aRllg tke damtieR sf this eefttrilst the pfemi1:lllls fer the Kaiser SeatB eeverage fer elHJ31eyee -;/itk Be aepsadeats ei[eeeEls $265,~88th tae City agees t9 Fee}:l8a the esatFaet to diss1:lsS iRsreasiBg this eeaeHt. Effective Januarr 1.2004. the City will contribute: . $265.00 oer month towards the ourchase of health care oremiums for "Emolovee With No Deoendents." . $400.00 oer month towards the ourchase of health care premiums for "Emolovee Plus One or More Deoendents." Effective January 1.2005. the City will contribute: 26 General Unit MOU o o o . $295.00 per month towards the purchase of health care premiums for "Employee With No Dependents." . $445.00 per month towards the purchase of health care premiums for "Employee Plus One or More Dependents." Employees with health care premiums exceedinl! the 2004 health care contribution amount durin!! the months of Januarv. Februarv. and March 2005 will be reimbursed for out-of-pocket premium not to exceed the 2005 health insurance contribution amount. Reimbursements will be made on the first ayailable payroll check followin!! approyal of this MOD by the Mayor and Common Council. Effectiye Januarv 1. 2006. the City will contribute: . $327.00 per month towards the purchase of health care premiums for "Employee With No Dependents." . $477.00 per month towards the purchase of health care premiums for "Employee Plus One or More Dependents." Effectiye Januarv 1. 2007. the City will contribute: . $359.00 per month towards the purchase of health care premiums for "Employee With No Dependents." . $509.00 per month towards the purchase of health care premiums for. "Employee Plus One or More Dependents." Insurance benefits available for purchase by employees include medical, dental, vision, life, long-term disability and accidental death and dismemberment, as made available through the City. Any contributions not utilized by an employee shall revert to the City. B. An employee must purchase medical insurance offered through the City in order to utilize the contribution described in subsection A. C. The City shall contribute a H1l1lliHllHR ef5illtecB aellllfS ($ Hi) the PERS adopted schedule amount (currently $48.40) per month per retired employee to be used exclusively for the purchase of medical insurance benefits. D. City contributions not utilized by an employee revert to the City. E. Cafeteria monies may be redesignated or a change of plans may be made in accordance with the rules established by the insurance plan selected by the employee. Plan additions and drops are permitted in accordance with the rules established by the plans selected by the employee. 27 General Unit MOU o o o F. An employee may not add another City employee as a dependent or be added to another City employee's City health plan as a dependent, in order to receive "double coverage." G. The City shall provide each employee with $25,000 Accidental Death and Dismemberment (AD&D) plan insurance coverage at no cost to the employee. The City shall provide each employee with $10,000 Life Insurance coverage at no cost to the employee. H. Each member of the bargaining unit is eligible to participate in a City-sponsored program of annual cholesterol checks and dietary counseling. 1. All employees shall participate in the City-sponsored Long- Term-Disability (LTD) insurance plan. The City will pay one hundred percent (100%) of the LTD insurance plan premium for employees during the length ofthis contract. SECTION 2 - Uniforms, Rain Gear & Safety Equipment A. The City shall provide uniforms for the following position classifications: 1. Animal Control Division: Animal Control Officer Registered Veterinary Technician Animal Shelter Attendant Senior Animal License Checker 2. Cemetery: Park Maintenance Worker II Park Maintenance Worker III 3. Engineering Division: Traffic Signal Electrician Maintenance Worker I and II and Lead Maintenance Workers assigned to Signing & Striping Electrician I and II assigned to Street Lighting 4. Facilities Management Division: Custodian Electrician II Electrical & HV AC Mechanic Maintenance Plumber II Parking Control Checker Storekeeper 28 General Unit MOU o o o 5. Parks. Recreation & Communitv Services: Maintenance Plumber II Parks Maintenance Lead Worker Parks Maintenance Workers I, II & III Park Proj ects Coordinator Landscape Inspector II 6. Police & Fire General EmDlovees: . All permanent personnel in the bargaining unit as designated by the appropriate Chief. 7. Public Services DeoartmentIFleet Division: All full-time, general unit employees assigned to work on vehicle and equipment will receive uniforms. 8. Public Services Deoartment/Refuse Division: All full-time, general unit employees assigned to collect solid waste will receive uniforms. 9. Public Services Deoarlment/Street Division: All full-time, general unit employees assigned to field operations will receive uniforms. B. The City shall make appropriate rain gear available for Refuse Operators, Cemetery personnel, Facilities Management Maintenance personnel, Animal Control personnel, Parking Control Checkers, Traffic Signal Electricians of the Engineering Division, field Community Service Representatives in the Police Department and those personnel in the Street Division and Parks, Recreation & Community Services Department who may be required to work in inclement weather. At least ten (10) sets of rain gear shall be maintained and made available on loan as needed to employees in the Fleet and Engineering Divisions. C. The City shall provide uniforms to any employee required to wear a uniform. D. The City shall purchase uniform shorts for use as part of the uniform. Each department will establish guidelines for wearing shorts and employees will not be allowed to wear shorts when performing activities that may create a safety hazard. 29 General Unit MOU o c o SECTION 3 - Education Tuition Assistance A. Puroose: The education tuition assistance program has been established to encourage the employees of the City to take college courses and special training courses, which will better enable them to perform their present duties and prepare them for increased responsibilities and to provide financial assistance to eligible employees for education and training. B. Procedures: Empleyees will sailmit eepieG ef their IIjlpfB"lerl IIflplieatialls te the Human ReSa\H'S6S DepaHHieBt aeeeFdiBg t8 City pellieies aad pfeeeehlf8s. BHlJ31eyees IBlist iashu:ie efHeial tlerifieatieR sf their MaaI graaes vlitk 8pIUEJfniate feeeiJ1ts fer tuitieB 885m. These t:;ill Be retuFRetl 18 6mpleyees 1:If'8R reElH8St. ~A.pplieatieRs Bet sa9lBittea 18 the Hlfffian Res8\:1fees DeJ3artmeat 8eeeraiBg t9 City pelieies fells'.viag eempletiea sEthe ee\:lfSe 8e68me veid. 1. To be eli!!ible for tuition reimbursement employees must complete an "Education Reimbursement Form" prior to the start date of the course and submit it to his/her Department Head for advanced approval. 2. When approved and si!!ned by the Department Head. the form will be forwarded to Human Resources for review and verification of availability of bud!!eted funds. If approved. the forms will be returned to the employee to maintain until the completion of the course. 3. The employee will submit his/her copy of the pre-approved application for reimbursement within sixty (60) calendar days of the completion of the course. A COpy of the final !!rade and the appropriate receipts for tuition and textbooks must be attached for reimbursement. If obiective ratin!!s are not rendered for a specific course. then a certificate of successful completion must be submitted. Applications not submitted to the Human Resources Department within the established time frame follow in!! the completion of the course become void. 4. Once all paperwork has been forwarded to Human Resources for reimbursement and HR has determined that it is in compliance with the outlined conditions it will be forwarded to Finance for payment. 5. Reimbursement is not authorized for courses for which the employee is receivin!! financial assistance from other sources such as the GI Bill. scholarships. and similar sources. c. Elil!ibilitv: 1. ..A~plieatieBs fer mitisa Feimearsemeat OJ/ill Be esasiElerea aBly fFem &11 tim.e, regular empleyees ,,418 luwe eempleted pf98atiea. 30 General Unit MOU o o 10 I " 2. ReimeHFSelBeat is Bet akttkerized fer eSl:lfSeS fer \vhiek ~e empleyee is reeei9,iag HBanei&l assistaase Rem. ether S8arees SHSH as tHe OJ Rill, sekelarski~s and similar S8\:H'Ses. 3. ,A~plieatieRs ~::ill Be apprevea aBly fer ee1:lFSeS air.eetly related t8 the emfJleyee's jaB aT direetly related t8 a pr:emetisBaI pssitiea iB tRe emfJleyee's jel3 af aireetly related t8 a pfsmetisBal }:l8sitisa ia the empleyee's eesHl'8tisaal speeialty. 4. CSl:J:fses Bet estensiely related t8 tRe empleyee's jaB, Bat ':lbisk Bfe reEfRirea t8 Elt:talify fer a sages that is direetly related 18 hisAier jaB may Be feimetifs8ele aBly after all reElHireti eesl:lflatisRally related S8HfSes kw:e seeR eempleted. (fer eJ[aJBfJle, a Fife Eilgiaser is a eandidate fer an .A~ '\ degree ia Fife SeisHas ana has eempleted all a8YfSe 9."/srh: direetly related t8 Hr-e s1:1p}UeSSieB amiss. A e9afSe ia .:'.msnean kistery is FefJ1:lirea fer lfle aegree. The kistel)' e81:lfSe may EJ.1:la]ify fer t1:litiea reimlnlfSeffieBt eeeaase 188 degree is related t8 the effijlleyee's jeb.) 5. ..A..ppfe"/al 'viII Be limited t9 e8lifses gi-:eH by aeer-eaited eallegas ana 1:1f.li-:efsities, eity ealIegas ar &8.1:1]t esaeati8B eellFSes lHlder tile spBBsefSfiil' sf the BeMa sf BdaeaaeB. ~Je mai] BRier eSlH'ses \"Jill Be appre-led. '.Verksfieps, semH=t8.fS, eeafereaees ana simi]8f aeti",itias Ret iseatifiahle as B feRBal eearse sf iastRletieB -;,,~tIHR tRa FeeegmlZled edueatieBal ifmtitatieB de Bet fall -;:itkiB the pan'ie:'.v ef tRis pregf8fB, Bllt may he aatkBFiced. and Hiluled by tile a8J!ad~ueat HfJBR apPFe",al Bftke City ..\dministmter. To be eli&ible for tuition reimbursement an emnlovee_must: 1. ~ considered a full time. rCl!ular emolovee.- who hill! comnl$.lL Drobation. 2. Earoll in courses. that are directlv related- to< th&o enmlDveefSc. ielJ"QIt directlv related to a promotional position; 3. Enroll in courses that are required to Quali(v for a detrree" that is related to the emplovee's iob. 4. Enroll in courses l!iven bv accredited collCl!es. universities. or adult education courses under the sponsorship of tire Boant-of Edu"aticm. 5. No mail-order courses will be approved. Workshops. seminars. conferences. and similar activities not identifiable as a. formal course-of instruction within the recol!nized educational institution do not fall within the PDn'iew of this proeram. 31 General Unit MOU o c o D. Reimbursement: 1. ReiHlB\lfSeRleflt -:fill lJe fer the east car t.1iitiea aT regisa:atieB fees 98 tae re€iHireEl teuteeelc( s) fer saek eellfSe, sa9j €let 19 the limits fe1:lR6 ia this miele. ..A",Elditisaal ButleRse saeft as meals ana parkiag fees are 8et reimlnlfsaele. The Direeter efHWB8B ReS8l:H'eeS vlill FeSeffifBeaEl 8flJ3fs-:al aT aisappfl3val eased 8ft the a-:ailahility sf lnu:tgetea faRes fer reC:lustieB taitisa assistanee. 2. Cests fer rellllireEl te)(ts are eligillle fer fifty !lereeffi (59%) reilHllllfSemeat. The cHIJlleyee ma.y retaia the Ileeks. 3. THitisa aT Fegistfatisa aeBis arty/eaty Hve sellars ($25) aT less are eligiBle fer eRe Bl:ffiElfeEl pereent (1 90~<') reimlnirsemeat. TaitisB aests iB eneess sf t\.;eaty five EleRBfS ($25) are eligillle fer seveRty five !lElfceRt (7~W.) reimllllf5emelll. 4. 1faKiHUllR taitieB and heel, r.eiRHH:lFSemeBt per semester is eHe lUlRarea 1?\yeBty five ElellaFs ($125). 8l::1lt1mef sassieR sHall he eal:lIHeel 8S a sefl8fate t1sem.ester" fer fH:lFfJ8ses sf tRis flre'"lisieB. 5. EHlJ3leyees shall he limited fer pllIJ'eses sf witieR reimearsemeBt te a HUHtimum srB::e (2) esllegiate le9.~81 eeHfSes erRet Hiere thafl a teta! FH:lIH9er efl:lBits e~i9/a!eBt te Sill (6) semester lIaits !ler semester. ORe (1) IIl1mer IIIlit shall ellllal w:e thires (2/3) efelle (1) semester Hait. ~. Prier ts reeei9/iRg feimlnll=semeRt, emplsj ses Hll:l6t s\i\3lBit deslifRefttary !,reef sf tfieir Baal gmaes. If ehjeeti9'8 r-atiags are flet reBaer-ea fer a SJJesiiie eeHfSe, tileR a eertifieate sf sl::lseessful eempletieR HUlst he saem.ittea. :. 'ghaR 8ft efRJ'leyee is re~Hirea 13)" kistker Dep~lu..eat Head te aUeaa a partisHlar 6eH*Se ar semiRar, the expeBse sftaII he Baffle efttiFely BY 1ft€) ae13aRmeRt ana elltsiae sf YHs artiele. 1. Reimbursement cost will consist of tuition. ret!istration fees. or textbooks for each course. Additional eXDenses such as meals or Darkin2 fees are not reimbursable. 2. Costs for required texts are eli2ible for fifty Dercent (50%) reimbursement. The emDlovee mav retain the books. 3. Maximum tuition and book reimbursement is $125 Der semester. Summer session shall be considered a seDarate semester for DurDoses of this Drovision. 32 General Unit MOU o SECTION 4 - Parking Facilities The City agrees to meet and confer with the Union in the event there are any future costs imposed upon employees for parking. SECTION 5 - Employee Assistance Program (EAP) The City's Employee Assistance and Counseling Program (EAP) is designed to help employees and their immediate families find direction in solving personal or emotional problems. All counseling services are completely confidential. The Human Resources Department maintains a supply of brochures explaining the program more fully. ARTICLE V - LEAVES SECTION 1 - Vacations A. All employees within the bargaining unit covered by this MOU shall be entitled to annual paid vacations as follows: Completed Years of Rate of Accrual Equivalent Hours 0 Continuous Service* Der Dav Period Per Year I year* * 3.33 hours 80 hours 5 years 5.0 hours 120 hours 15 years 6.667 hours 160 hours 20 years 8.33 hours 200 hours *Service year begins on initial date of employment in a full-time, regular status. **No vacation granted or accrued, if service is less than one year. At the time of voluntary and involuntary termination of employment, an employee shall be entitled to receive compensation for the number of vacation hours, which have been accrued but not used. In the event said employee has been permitted to take vacation, which exceeds number of hours actually accrued, a deduction shall be made from the employee's final compensation for the number of hours in excess of the accrual. B. The amount of accrual shall not exceed the specified number of hours granted per year. C. Employees shall not be permitted to work in their City position in lieu of taking vacation in order to receive additional compensation. o 33 General Unit MOU o o o D. Vacation credits may be accrued and accumulated up to a maximum of two (2) years total accumulated vacation credits upon approval of the Department Head, as per the employee's rate of accrual. Vacations or portions thereof from a prior year may be taken consecutively with vacations or portions thereof of a succeeding year, subject to the approval of the Department Head. Except as approved by the Department Head, no vacation or portion thereof from a prior year shall run consecutively with the vacation of a succeeding year; and, a period of three (3) or more months should normally elapse between the expiration of one year's vacation and the commencement of the next year's vacation. Requests to utilize accrued vacation shall be submitted in writing on City approved forms to the Department Head. Department Heads shall respond to vacation requests submitted on City approved forms within five (5) work days. Department Heads shall not unreasonably delay responses to employee vacation requests. Nothing in this article shall be construed to prevent a response to the employee's request before the expiration of five (5) work days. The vacation period to which any employee shall be entitled shall be assigned by the Department Head in the calendar year when due, except when the Department Head with the approval of the Mayor determines that an emergency or other valid factors prevent the employee from utilizing hislher vacation during the calendar year when due. Should this occur, the employee's vacation should be rescheduled at the very earliest mutually acceptable date. In the event an emplovee is compensated for less than fifty percent (50%) of the pavroll period. he/she shall not be credited with anv vacation accrual for that pav period. E. Upon termination, payment for earned vacation or deduction for unearned vacation shall be made on the basis of the hourly rate of pay being received by the employee on the date of termination. F. Whenever the terms "year" or "years of employment" appear herein, they shall be deemed to include all services for the City of San Bernardino. , San BllffIllfliiHB City Bellftl ef '.\~ater CemmissieaeFS ana the 8aB BefRa.FEH88 Free P1I91ie LiBfafY Be8:fd. G. The employee shall not lose any vacation time off due to action by the City. H. Vacation credits may be taken off in increments according to Department Work Rules with prior Department Head approval. I. When an employee returns to work after a break in continuous service, and when such break in continuous service shall have been by leave of absence with the approval of the Mayor and Common Council, vacation time shall not accrue during such break in continuous service, but shall accrue H1eR~ly from the date of return to service from such approved leave of absence, oased upon the total length of service of the employee. 34 General Unit MOU o c o 1 ; i J. Employees may sell back up to forty (40) hours of vacation time per year providing that the following conditions have been met: 1. Employees must have a minimum of one hundred twenty (120) hours in their vacation balaoce before sell back occurs. 2. Employees must have taken a one-consecutive (I) week vacation during the past year prior to the sell back of hours. 3. Employees must complete a sell back form, which must include a Department Head signature. 4. 15th of each year. Forms must be submitted to the Finaoce Department on or before April 5. Payment for vacation sell back hours will be paid (using current Council approved salary rates in the salary resolution) on the employee's May 15th paycheck each year. SECTION 2 - Holidays A. City Designated Holidays: Employees shall be entitled to twelve (12) City- designated holidays, the equivalent of ninety-six (96) holiday hours each year. The following days will be holidays for the purpose of this MOV: New Year's Day Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Traditional Veterao's Day (November 11) Thaoksgiving Day Day After Thaoksgiving Christmas Eve Day Christmas Day New Year's Eve Day Plus sixteen (16) hours of Holiday Account time, per year (see subsection B). Effective Januarv }. 2006. all full-time emplovees within the barl!aininl! unit with the exception of those emplovees mentioned in the followinl! paral!raphs shall be entitled to twelve (12) Citv-desil!nated holidavs. the equivalent of one hundred eil!ht (108) holidav hours each vear. All full-time employees within the bargaining unit, with the exception of those employees shown in the following paragraphs, shall be allowed the above holidays at full pay 35 General Unit MOU o o o when such holidays occur within the regularly assigned working periods, provided they are in a paid status during any portion of the working day immediately preceding or succeeding the holiday. If it becomes necessary for an employee to work on any of the above-mentioned holidays, except as provided herein, he/she shall receive pay at the regular rate and shall be allowed another day off at full pay as approved by the Department Head. B. Holiday Account: Effective each January 1st, unit employees will receive sixteen (16) hours in their Holiday Account (formerly known as Floating Holidays). Employees may maintain a balance of more than sixteen (16) hours in their holiday account during the fiscal year, at June 30th of each year only sixteen hours will be carried over to the new fiscal year which begins on July I st. Any Holiday Account hours over sixteen (16) hours at June 30th will be lost. If a holiday falls on a nine (9) or ten (10) hour workday, the employee will be paid eight (8) hours holiday pay. The employee may supplement the holiday with accrued vacation holiday account time, or no pay. Effective Januarv 1. 2006. unit emDlovees will receive ei!!hteen (18) hours in their Holidav Account (formerly know as F1oatin!! Holidavs). EmDlovees may maintain a balance of more than ei!!hteen (18) hours in their holidav account durin!! the fiscal year: at June 30th of each year thereafter: onlv ei!!hteen (18) hours will be carried over to the new fiscal year which beeins on Julv 1". Anv Holidav Account hours over ei!!hteen (18) hours at June 30th will be lost. Effective Januarv 1. 2006. if a holidav falls on a ten (10) hour workday. the emDlovee will be Daid nine (9) hours holidav Dav. The enmtovee may sUDDlement the holidav with accrued vacation. holidav account time. OOmDeBsatOI'V time. or no Dav. Each Department Head shall consider employees' requests for scheduling the sixteen (16) holiday account hours per calendar year, provided however, the final right to allot the hours to be observed is reserved exclusively to the DepmlIueftt Head. The Department Head will not unreasonably withhold permission to take time off. On City-designated holidays, new employees with less than six (6) months of continuous service with the City will receive eight (8) hours of holiday pay and will be able to "draw down" one (1) or two (2) hours from their holiday account, depending upon whether they are working a 9/80 or a 4/10 schedule. They may also elect to take one (1) or two (2) hours of no pay. Effective Januarv 1. 2006. on Citv-desi!!nated holidavs. new emDlovees with less than six (6) months of continuous service with the City will receive nine (9) hours of holidav Dav and will be able to "draw down" one (I) hour from their bolidav account, deDendin!! uDon whether they are workin!! a 4/10 schedule. Thev may also elect to take one (1) hour of no Dav. 36 General Unit MOU o o o If new employees elect to "draw down" from the holiday account, the hours used wi\l be deducted from the siliteeR (Hi) eil!hteen (18) holiday account hours they receive upon the completion of six (6) months of continuous service. In the event of the employee's failure for any reason to take such holiday account hours during the term of this MOV, the employee shall be paid for hislher holiday account balance upon separation from the City. C. Other Provisions: Employees who, due to scheduling, must work on a recognized City holiday wi\l be compensated on the basis of the number of hours worked on said holiday, excluding lunch/dinner break. The hours accruing to the employee's holiday account for that day shall not exceed eight (8) hours. If a holiday occurs on a normal day off for an employee, the employee shall receive no additional pay. The decision as to whether in-lieu of time off or pay is to be received shall be based on the availability of funds and needs of the department, as determined by the Department Head. If in-lieu of time off is directed by the Department Head, it may be added to the regular annual vacation period, but must be taken within one (1) year of the date in-lieu time was earned. Employees of the Public Services, Refuse Division, except clerical employees and certain designated employees of the City Fleet Division needed to support the Public Services, Refuse Division operations, shall enjoy all the holidays listed above as they occur, except for Veteran's Day, November 11; the Friday after Thanksgiving Day and, the holidays observed the day before Christmas and the day before New Year's Day. Said employees shall receive an additional day's pay for each such holiday on which they are required to work. If such holidays occur on a normal day off for said employees, they shall receive no additional pay. Holidays listed above shall be allowed on a Monday, if any such holiday falls on Sunday, and shall be allowed on the preceding Friday, if such holiday falls on a Saturday for all employees, except those covered by other provisions herein. If the Christmas and New Year holidays occur on Mondays, these holidays and the holiday eves wi\l be observed on Mondays and Tuesdays. D. Effectiye January 1. 2006. upon separation from the City. employees shan be paid for ninety percent (90%) of hislher current holiday account. SECTION 3 - Sick Leave A. Definition: Sick leave means the absence from duty of an employee because of illness or injury, exposure to contagious disease or attendance upon a member of hislher immediate family who is seriously i\I and requires the care of or attendance of any employee. Immediate family means: husband; wife; grandmother; grandfather; mother; father; sister; brother; son; daughter; uncle; aunt; mother-in-law; father-in-law; stepparents; stepchildren; grandchildren; and, step-grandchildren. 37 General Unit MOU o c o Sick Leave Usage for Familv Members: Not more than eighty (80) hours of sick leave within any calendar year may be granted to an employee for the care of or attendance upon members ofhis/her immediate family, as defined above. Not more than forty (40) hours of sick leave within any calendar year may be approved for an employee for each absence for purposes of attending the funeral of a member of the employees' immediate family. The City may require an employee to submit evidence of eligibility to use sick leave for purposes of attending the funeral of a member of the employee's immediate family. Sick Leave Usage for EmDlovees: Upon the department's request, an employee must provide a physician's statement to justify a sick leave of forty (40) consecutive hours or longer. If the Department Head finds with just cause that sick leave is being abused, the employee may be required to submit a doctor's statement. No absence due to illness or injury in excess of forty (40) hours shall be approved, except after the presentation of satisfactory evidence of illness or injury. A certificate from a practicing physician or an authorized practicing chiropractor may be required by the Department or Division Head, and shall be subject to his/her approval concerning such absence. The Mayor and Common Council shall have the power to require that any person claiming the sick leave benefits of this MOU be examined at any reasonable time or intervals by a designated physician, and in the event of an adverse report, to reject such claim for sick leave, in whole or in part and to terminate sick leave compensation. In the event of the refusal of any person to submit to such examination after notification, the Mayor and Common Council may terminate sick leave compensation and reject any claim therefor. The Mayor or Common Council shall have the right to require the presentation of a certificate from a practicing physician or a designated physician stating that an employee is physically or psychologically able to perform his/her work and duties satisfactorily before permitting an employee who has been on sick leave to return to work. In order to receive compensation while absent on sick leave, employees shall notify their immediate supervisor or designee prior to or within thirty (30) minutes of the time set for beginning their daily duties, or as may be specified in Department/Division work rules. Sick leave with pay shall be granted to all regular employees and to all temporary full-time employees whose positions are funded under federal law who are regularly employed in permanent or federally-funded positions, if such benefit is required by said federal law. Sick leave shall not be considered as a right which employees may use at their discretion, but shall be allowed only in case of necessity and actual personal sickness or disability, except as otherwise provided herein. Whenever an employee is compensated hereunder for sick leave or injury and has not had a vacation at the end of the current calendar year, the employee must take vacation not utilized due to illness or injury during the next calendar year. B. All full-time, regular employees who have completed the first six (6) calendar months of continuous service with the City shall be granted a sick leave accumulation of forty- 38 General Unit MOU o o o eight (48) hours. After six (6) months or more of continuous service, employees who are compelled to be absent from work on account of illness or injury other than that which is compensable under Article V, Section 5, shall be compensated for sick leave, provided that such compensation shall cease upon the exhaustion of all accumulated sick leave. Employees shall not accumulate sick leave while compensated under the provisions of Article V, Section 5. Time off with pay for sick leave shall be considered as time worked for purposes of the accrual of sick leave only. Sick leave usage shall not be decreased by the fact that any legal holiday occurs during the time off on account of illness. The words "legal holiday" shall have the meaning ascribed to them in Article V, Section 2. Sick leave shall not accumulate during periods of leave of absence without pay. In the event an employee works less than fifty percent (50%) of the total normal work hours in the pay period, he/she shall accrue no sick leave for such pay period and shall not be credited with the four (4) hours sick leave. Sick leave may be accumulated without limit. Approved vacation, sick leave, holiday or compensatory time off shall be considered as time worked for the purpose of computing sick leave benefits only. Whenever the employee uses all allowable sick leave, further absences may be charged against accrued vacation upon approval of the Department Head. If all allowable sick leave has been used and use of accrued vacation is disapproved, the employee will take loss of pay for the time not covered by allowable sick leave. SECTION 4 - Payment of Sick Leave A. Siek Lell':6 S.ell Baek Payment for Unused Sick Leave: Unused sick leave is payable at any resignation without prejudice (including death and retirement) up to a maximum of fifty percent (50%) of unused Sick Leave up to the 600-hour cap. Payment will be at current Council approved salary rates in the resolution. For employees with over twenty (20) years of service, one hundred percent (100%) of all unused sick leave up to the 600-hour cap will be paid at resignation without prejudice. B. Sick Leave Sell Back: Effective January 1, 2001, employees with perfect attendance in the previous calendar year will be allowed to cash out up to five (5) days (40 hours) of sick leave per year, providing the employee has at least 160 hours in their leave account after the sell back to be eligible. Emplovees must complete a sell back form. which must include the- Department Head's si!!Dature to the Finance Department on or before February 15th each year. Payment for sick leave sell back hours will be compensated on the employee's March 31" pavroll check. 39 Gerreral Unit MOU o o o SECTION 5 - Catastrophic Leave Upon request of an employee who is experiencing catastrophic illness, and upon approval of the City Administrator and/or Department Head, leave credits (vacation or floating holidays) may be transferred from one or more employees to the affected employee under the following conditions: A. Sick leave accruals cannot be transferred among employees. B. The employee with a catastrophic illness or injury has exhausted all other leave accruals and has completed at least one (1) year of continuous service with the City. C. The donation must be in four- (4) hour increments of vacation, compensatory time or floating holidays by employees who have completed at least one (1) year of continuous service with the City. D. Employees may not donate leave they would otherwise forfeit. For example, employees who are separating from City employment may donate leave only up to the amount of the payment they would receive upon separation. E. Donations shall be on a form developed by the Human Resources Department Head, signed by the donating employee, approved by the Department Head and verified by the Finance Department. Procedures. shall be as approved by the City Administrator. F. An appeal will be considered on a separate basis, if denied. G. Unused donated time that has, been credited to the requesting employee's account will not be returned-to the donor's account.- SECTION &- Injury Leave Effective with the first day of necessary absence for industrial accident or illness leave, eligible employees will be approved to receive Workers' Compensation benefits. Each employee shall be authorized upon his/her written request to utilize the balance of his/her accumulated sick leave, vacation, holiday account and compensatory time credit to augment the amount of temporary disability he/she receives, to the extent the total sum received will result in payment equal to his/her normal compensation. The utilization of sick leave for this purpose shall end with the termination of the temporary disability or when the accumulated sick leave credits have been exhausted, whichever occurs first. When employees sustain what they believe to be an industrial injury or illness, they shall request an "Employee Claim for Workers' Compensation Benefits" form from the supervisor. The superVisor is required to give. the employees this form within one (I) working day of the City being notified of the injury. The supervisor will log date and time employees were given form on Supervisor's Report of Injury. Employee must return Employees' Claim form to 40 General Unit MOU o o o supervisor to begin the process of filing an industrial injury. In the event the employee is unable to prepare the form due to hospitalization, serious illness or injury, the supervisor or a member of the department/division staff shall prepare the required report. The City shall have the right to require the employee to be examined by a physician designated by the City to assist in determining the length of time during which the employee will be unable to perform the assigned duties, and if the disability is attributable to the injury involved. Should there be a dispute between the physician selected by the City and the physician selected by the employee, a third physician shall be mutually agreed upon between the employee and the City to examine the employee to assist in making necessary medical determinations. If an employee is receiving disability payments, he/she shall be entitled to use only as much sick leave or vacation as, when added to the disability payments, will provide for a full day's pay. SECTION 7 - Leave of Absence Without Pay Leave of absence without pay is a temporary, non-pay status and absence from duty granted at the request of the employee. Leave of absence without pay may be granted by the City Administrator for a period not to exceed six (6) months, upon the positive recommendation of the Department Head. Under justifiable conditions, said leave may be extended by the City Administrator for additional periods. Leave of absence without pay will be considered favorably, if it is expected that the employee will return to duty and that at least one of the following benefits will result: increased job ability, protection or improvement of the employee's health, retention of a desirable employee or furtherance of a program of interest to the City. Examples of or conditions for which a leave of absence without pay may be granted are: A. For an employee who is a disabled veteran requiring medical treatment; B. For an employee who is temporarily mentally or physically unable to perform hislher duties; C. For an employee who files for or assumes elected office; E. For maternity or paternity leave, upon the recommendation of the a physician; E. For military leave when the employee has less than one (I) year service to qualify for leave with pay; F. For Union activities, upon designation by the Union. An approved leave of absence without pay for sixty (60) days or less in any calendar year will not be considered a break in service. Leave in excess of sixty (60) days shall result in the 41 General Unit MOU o o o advancement of the employee's anniversary date and compensation advancement date to such date as will account for the total period of uncompensated time off. Failure to return to duty at the expiration of the approved leave of absence without pay shall constitute an abandonment of the position pursuant to Rule 507 of the Rules of the Civil Service Board and shall be prosecuted consistently therewith. The City's contribution towards an employee's health and life insurance premium will not be extended beyond the last day of the month in which a leave of absence without pay begins, if the leave of absence without pay becomes effective during the first fifteen (15) days of the month, nor beyond the last day of the next succeeding month, if the leave of absence without pay becomes effective after the fifteenth day of the month, unless the employee returns to work from leave of absence without pay status prior to the date the City's contribution would be accumulated. In the event the employee desires to maintain full health and life insurance coverage while on leave of absence without pay status, he/she may arrange to pay the insurance premiums for the coverage desired (both the employee and employer portions). It is the responsibility of the employee to contact the City's payroll section in this regard. The payment of the amount of the premiums must be made to the City's payroll section prior to the date on which the City's participation will terminate. Payments must be made monthly thereafter until the employee either returns to work or hislher employment with the City is terminated. Upon an employee's return to work, the City's contribution towards the employee's health and life insurance premiums will begin on the first day of the month following the end of the leave of absence without pay, if that leave of absence without pay terminated between the first and the fifteenth day of the month, or on the first day of the next succeeding month, if the leave of absence without pay terminates after the fifteenth day of the month. Notwithstanding any other provision of this section to the contrary, the City will continue its contribution for health and life insurance premiums of an employee on leave of absence due to any injury or illness arising out of and in the course ofhislher employment with the City. In circumstances in which either the Federal Family Leave Act or the State Medical and Family Leave Act apply, the City shall adhere to the requirements ofthe Acts. SECTION 8 - Witness Leave Employees shall only be entitled to a leave of absence when subpoenaed to testify as a witness in civil litigation involving the City, such subpoena being properly issued by a court, agency or commission legally empowered to subpoena witnesses. This benefit shall not apply in any case in which the subpoenaed employee is a party to the action. Witness leave shall not be charged against any accumulated leave balances and shall be compensated at the employee's base hourly rate. Employees shall only be entitled to paid witness leave if they provide a copy of the subpoena to the City within twenty-four (24) hours of receipt. 42 General Unit MOU o o o SECTION 9 - Blood Donations Unit members who donate blood in the interest of the City without receIVIng compensation for such donation may have the required time off with pay with prior approval of the immediate supervisor for each such donation. This benefit shall not be changed to any accumulated leave; provided however, iI'the employee is unable to work after such donation, time may be charged to accumulated sick leave or be taken as leave without pay. Evidence of each donation must be presented to the appointing authority to receive this benefit. SECTION 10 - Election Leave Employees may request time off to vote in accordance with Resolution No. 89-38, as may be amended. This is attached as an exhibit to the MOU. SECTION 11 - Military Leave Unit members on leave for military duty will be compensated pursuant to Military and Veterans Code Sections 395, et seq. The specific compensation and reemployment rights of individual employees shall be determined based upon the applicable requirements and Veterans Code, copies of which may be obtained through the Department of Human Resources. All military service shall be counted as City service when calculating whether the employee has twelve (12) months of service with the City. Replacements for unit members on military leave will be hired with regular (rather than temporary) position status. However, they will be subject to layoff when unit employees on leave return. SECTION 12 - Union President Leave The City of San Bernardino and the San Bernardino City Employees' Association (SBCEA) agree that the duly elected president of SBCEA shall be released from duty when on occasion, out of the necessity of the office, it is necessary for the president of the Association to be in attendance at union-related functions and occasions. Release shall be for a maximum of forty (40) hours per fiscal year. In addition to the Union President Leave as described above, the City agrees to allow the release of one (1) additional SBPEA Board member, if such Board member is assigned to a mid- shift assignment. Such release shall not exceed three (3) hours and shall only be for the purposes of attending regularly scheduled meetings of the SBPEA Board of Directors. Time off utilized by the president and other SBPEA Board members shall not interfere with the employee's regular City position. Time off for these purposes shall be approved in advance by the Department Head or hislher designee. 43 General Unit MOU o c o In the event there is a dispute arising out of the amount of time used by the president, the City Administrator or their designated representative and a union representative will meet as soon as possible in an attempt to resolve the dispute. SECTION 13 - Jury Duty Every general permanent employee of the City of San Bernardino and every employee whose position is funded under federal law or is employed in a federally funded position, if such benefit is required by said federal law, are covered by this section. Employees shall provide prior notice to their supervisors regarding jury service. In cases where the completion on any day of such jury service does not exceed a period of four (4) hours duration of the employee's assigned work shift, it shall be the responsibility of the employee to return to work within a reasonable time after his/her release or discharge from such jury service on that day. However, where such employee is required to continue injury service for a period in excess of four (4) hours duration on any such regularly scheduled working day, said employee shall not be required to work on that same day of his/her release or discharge from jury duty. If the start of the employee's shift is two (2) hours or more prior to the commencement of jury duty, the employee shall be required to report to work. This is subject to adjustment based on the location of jury service. Under such circumstances of compensable jury service, every general permanent employee or every federally funded general employee as aforesaid, shall be paid their regular pay less jury duty fees while serving on jury duty provided a copy of all jury fees paid to the individual employee. less automobile expenses allowed, are submitted to the City Finance Department. Employees shall notify their superiors of any call for jury service promptly upon receipt of notice thereof, and of any absence from duties due to such jury service in order that a replacement or substitute may perform their duties. When an employee fails to promptly report the receipt of all call to jury service, when so required or fails to promptly notify their superiors regarding the absence for jury service, said employee shall be considered as absent without leave and no salary compensation shall be paid. In the event, during the course of any jury service, an employee is ordered by a judge or other officially recognized judicial body into a state of sequester, the employee shall be paid the regular wage during such time of sequester without supplement from any accrued bank of time. Any employee who is summoned to Grand Jury Service shall be entitled to all benefits, restrictions and requirements of this section. The City will pay for UP to fifteen (15) workinl! days in a calendar year of a covered emplovee who is required to serve iurv duty. 44- General Unit MOU o o o Wbenever a covered emplovee is dulv summoned as a witness. except wbere tbe emplovee is a Iitil!ant or defendant in a criminal case or anv action broul!bt about as a result of bis or ber own misconduct. be or sbe shall receive rel!ular compensation for anv rel!ularlv scbeduled workinl! bours spent in actual performance of sucb service. SECTION 14 - Accumulated Leave Conversion Plan (ALP) Tbe City will provide an Accumulated Leave Conversion Plan (ALP). wbicb will allow emplovees upon retirement to contribute unused sick leave. vacation. holidav. and compensatorv time to an Internal Revenue Code Section 401(a) Defined Benefit Plan. All fees associated witb sucb plan will be paid bv plan participants. Emplovees must contribute a minimum of 55.000 oftheir accumulated leave benefits to be elil!ible to participate in tbe ALP. ARTICLE VI - WORKING CONDITIONS SECTION 1 - Work Periods A. Citv Work Schedules: City work schedules shall be as herein defined, except as otherwise provided for: 1. 5/40 Work Schedule: The 5/40 work schedule shall consist of a forty- (40) hour work week consisting of five (5), eight (8) hour work days, exclusive of any meal periods assigned by managp.mP.11t 2. 9/80 Work Schedule: The 9/80 work schedule shall consist of eighty (80) work hours in a two (2) week period, consisting of eight (8), nine (9) hour work days and one (I), eight (8) hour work day, exclusive of any meal periods assigned by management. 3. 4/10 Work Schedule: The 4/10 work schedule shall consist of a forty- (40) hour work week consisting of four (4), ten (10) hour work days, exclusive of any meal periods assigned by management. Work schedules shall be posted on all department bulletin boards showing the employees' shift. work days and where known, hours. B. Work Schedule Adjustments: It is understood and agreed that Department Heads shall establish such work schedules as may be necessary for the efficient and economical provision of services for the public, and to make such adjustment in work shifts as are from time to time required. The City shall give the employees and the Union two (2) weeks' notice of any proposed changes in scheduled work shifts prior to implementation. If the Union wishes to consult with management regarding the proposed changes, it shall notify the City within seven (7) calendar days from receipt of notice. Upon notification by the Union, both parties shall meet within ten (10) calendar days in an earnest effort to reach a mutually satisfactory resolution of 45 General Unit MOU o o o any problems arising as a result of the proposed changes. Work schedule changes resulting from an emergency situation or circumstances, which disrupt normal City operations as determined by the Department Head are not bound by the two- (2) week notice requirement. If a light-duty assignment for an employee will result in a shift change, e.g., from day shift to graveyard shift, the City shall give the employee and the Union two (2) weeks' notice of any proposed shift changes prior to implementation. The procedures described in the first paragraph of Section 8 above shall apply. I. This section does not include minor adjustments in the starting and ending times of employee shifts 2. During the two-week notification period, the employee continues on current status/schedule. SECTION 2 - Physical Examinations The City shall pay medical fees for the physical examination of any unit member within the unit of representation. When such examination is required and directed by the City after employment. The City may arrange with a physician or medical group for such examination, or if the situation warrants, the City may authorize an employee to be examined by a doctor of hislher choice. In the event an employee is authorized to be examined by a doctor of hislher choice, reimbursement shall be made by the City for the cost thereof, provided, however, that the amount of reimbursement shall not exceed the cost the City would have paid its contract physician or medical group. SECTION 3 - Probationary Period All new or newly promoted employees must serve a one (1) year probationary period. SECTION 4 - Seniority Department Heads will consider seniority in authorizing vacations, scheduling shift assignments and transfers. Seniority shall prevail when all other factors are not significantly different. "All other factors" is defined as special qualifications, skills, work performance, as well as attendance and safety. An employee shall not attain seniority until the completion of a probationary period, upon which time the seniority date shall be from the last date of hire within the department, division or section. In the event of layoffs, due to lack of work or funds that the department deems it necessary to reduce the working force, the last employee hired within the classification so reduced shall be the first laid off unless he/she possesses special qualifications or whose. loss of skills would adversely affect the public welfare or has superior work performance that can be documented. 46 General Unit MOU o o o Emergency, temporary and provisional employees shall be laid off in that order prior to the layoff of permanent employees in the same class. In a department where there is more than one class having equal rates of compensation, any probationary or regular employee subject to layoff under this rule shall, in lieu thereof, be allowed a transfer to a position in one of the other classes of equal compensation for which he/she possesses the minimum requirement of knowledge; skill and experience provided that the employee subject to layoff has longer service in his/her class. Any regular employee subject to layoff under this rule shall, in lieu thereof, be allowed a demotion to the next lower class of his/her department in which the employee subject to layoff possesses the minimum requirements of knowledge, skill and experience and shall become the senior employee of that class for the purposes of this rule. Any employee laid off or demoted to a lower class or transferred to an equal class under this section shall have the right for two (2) years to be reemployed, transferred or promoted to their former class or any lower class upon the first vacancy occurring in any such class in the department provided he or she possesses the minimum requirements of knowledge, skill and experience for such vacancy and such rights shall take precedence over the regular employee or promotion lists. An employee so reinstated from the reemployment preferred register shall regain tenure-seniority for prior service. Notice of reduction in force shall be presented to the Union and the affected employees. Such notice shall be in writing by the Human Resources Department. An employee shall be given at least thirty (30) days' notice prior to layoff. SECTION 5 - Reasonable Suspicion Drug and Alcohol Testing In addition to employees already covered under the Department of Transportation (DOT) drug and alcohol testing, all General Unit employees will participate in reasonable suspicion drug and alcohol testing, following the reasonable suspicion Drug/Alcohol Testing Procedure described in the City of San Bernardino's Policy on Drug and Alcohol Testing of Employees with Commercial Driver's Licenses. (Exhibit 4) If a supervisor has a reasonable suspicion that an employee has been abusing drugs or alcohol, that supervisor will take one of the steps listed below prior to referring an employee for a test, and will document his/her observations on a reasonable suspicion checklist: A. Seek the concurrence of another supervisor if a second supervisor is in the immediate vicinity; or, B. Notify hislher Department Director, Assistant Director or immediate supervisor if a second supervisor is not in the vicinity. The conduct of the employee must be witnessed by a supervisor who has received training consisting of at least six (6) two (2) hours on identification of actions, appearance or conduct which are indicative of the use of drugs or alcohol. A supervisor must directly observe and document the behavior. Reasonable suspicion may not be based on hearsay. Training will be provided by I"eliee effiellfS pessessiag a Dmg ReeegaitieR B*peR (DRB) eertifieatieR isslIes by the }!atieReI Highway ef TfBffie Safety .^.amiRislflltieR (NHTS.^.) DOT certified trainers. Training will be provided to all current Middle Management Unit supervisors 47 General Unit MOU o o o following ratification of this MOU. The training will be videotaped for the purpose of training newly appointed supervisors and serve as refresher training for all supervisors, as needed. Follow-up training classes will be provided to newly appointed supervisors in a group session when that number reaches five (5) or more. In addition to training supervisors, the City will offer an overview to full-time regular employees in the detection of drug and alcohol use. ARTICLE VII - GENERAL PROVISIONS SECTION 1- Waiver Clause The parties acknowledge that during the meet and confer process which resulted in this MOU, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law, City Charter, ordnance, resolution, personnel and departmental rules and regulations, from the scope of negotiable issues and that the understandings arrived at by the parties after the exercise of that right and opportunity are set forth herein. Therefore, the City and the Union, for the life of this MOU, each voluntarily and unqualifiedly waives the right to meet and confer and each agrees that the other shall not be obligated to meet and confer with respect to any subject or matter referred to or covered in this MOU or with respect to any subject or matter not specifically referred to or covered in this MOU, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this MOU. SECTION 2 - Severability It is understood and agreed that this MOU is subject to all current and future applicable federal and state laws and regulations and the current provisions of the charter, ordinances, resolutions and of the rules and regulations of the City. If any part or provision of this MOU is in conflict or inconsistent with such applicable provisions of those federal, state or city enactment's, or it is otherwise held to be invalid or unenforceable by any court or competent jurisdiction, such part or provision shall be superceded by such applicable law or regulations, and the remainder of this MOU shall not be affected thereby. The parties hereto agree to refrain from initiating any action that would invalidate any part of the MOU. SECTION 3 - Printing of Memorandum of Understanding The City shall pay one-half (1/2) of the cost of printing the MOU. The City shall distribute the MOU to the bargaining unit and new employees. The City will provide an initialed/signed distribution list of employees to the Union after distribution of the MOU. 48 General Unit MOU o o o SECTION 4 - Term of Memorandum of Understanding The term of this MOV extends through JliRe )9, 2991 December 31. 2007. If negotiations regarding an MOV are in progress at the time the current MOV expires or if the parties are at impasse, the current MOV shall remain in effect until a successor MOV is adopted by the Mayor and Common Council. SECTION 5 - Notice ofIntent to Reopen The parties agree that, if either party desires to propose changes in the terms or conditions of this MOV for the period following expiration of this MOV, such requested meeting shall be held at least one hundred twenty (120) days before the expiration of the MOV. Such notice shall request a meeting to begin negotiations and establish ground rules which shall include, at a minimum, the date beyond which no further proposals may be submitted by either party. 49 General Unit MOU o o o GENERAL UNIT EMPLOYEES' MEMORANDUM OF UNDERSTANDING 2004 - 2007 Executed this day of Mayor City of San Bernardino City's Designated Representative ATTEST: City Clerk Approved as to form And legal content n \ torney 2005. San Bernardino Public Employees' Association (SBPEA) 50 General Unit MOU o o o INDEX Title Page Accumulated Leave Conversion Plan (ALP)............................................................................... 45 Agency Personnel Rules ............................................................................................. ................. 9 Bilingual Pay........ ............. .................... ... .......................................................... ......................... 25 Blood Donations ... ................ .............. ......... ...................... ....................................... ................... 43 Budget Documents........ ........ ........... ... .................................................... ..................................... 18 Bulletin Boards ...................... ....................................... ...... ......................... ................................ 18 Call-Back/Standby Assignment & Pay... .................... ................................................................. 22 Catastrophic Leave...................... ... ........................................... ............................. ...................... 40 Classification Appeal .................................................................................................................. 21 Contract Services ......................................................................................................................... 9 Definition of Terms....... ... ............... ............. ................................................................. ............... 7 Education Tuition Assistance ............................ ......... ................................................ ..... ............ 30 Election Leave ... ... ........ ...... ..................................... ..... ............................................................... 43 Employee Assistance Program (EAP) ......................................................................................... 33 Employee Lists.............. ...... ......................................................................................................... 16 Employee Orientation .................................................................................................................. 18 Employee Rights .......................................................................................................................... 8 Fines .............................................................. ............................................................................... 25 Grievance Procedure ......... ............. ............... ........... .................................................................... 13 Health/Life Insurance....................... ............................................................................................ 26 Higher Acting Classification Pay................................................................................................. 21 Holidays ....................................................................................................................................... 35 Injury Leave .................................................. ............................................................................... 40 Jury Duty............. ............................................ ............................................................................ 44 Labor-Management Committee ................................................................................................... 10 Leave of Absence Without Pay.................................................................................................... 41 Mailbox ........................................................................................................................................ 19 Management Rights ..................................................................................................................... 8 Military Leave...........................................................................................,.................................. 43 New Employee Information................. ....................... ................................................................. 19 No Strike................................ ...................................................................................................... 12 Non-Discrimination ........................... ............. ......... ............ ........................................................ 17 Notice of Intent to Reopen .......................................................................................................... 49 Overtime ............ ......................................... ..... ............................................... ... .......................... 20 Parking Facilities ......................................................................................................................... 33 Payment for Unused Sick Leave.................................................................................................. 39 Payroll Deduction for Union Dues .............................................................................................. 12 PERS ............................................................................................................................................ 20 Personal Tool Replacement Allowance....................................................................................... 24 Personnel Files................................................................... .......................................................... 17 Physical Examinations ................................................................................................................. 46 51 General Unit MOU o o o Title Page Printing ofMemorandwn of Understanding ............................................................................... 48 Probationary Period .................................................................................................................... 46 Reasonable Suspicion Drug and Alcohol Testing ....................................................................... 47 RecognitionlUnion Security......................................................................................................... II Safety Committee......................................................................................................................... 9 Salaries.................... ................................................................. ......... ........................................... 19 Seniority............................................................................................................................... ........ 46 Severability ................ ................................... ............................................................................... 48 Shift Differential.......................................................................................................................... 24 Sick Leave........... ............................. .......... .................................................................................. 37 Skelly Rights................................................................................................................................ 16 Special Certification Pay...................................................... ........................................................ 26 Term of Memorandum of Understanding .............................................. ..... ................................. 49 Time Off For Employee Representatives .................................................................................... II Uniforms, Rain Gear & Safety Equipment.................................................................................. 28 Union President Leave ......................................................................................... ........................ 43 Union Representation...................................... ............................................................................. IS V acations......................................... .............. ............................................................................... 33 Waiver Clause .................................... .......................................................................................... 48 Witness Leave .................................. ............................................................................................ 42 Work Periods .................................................... .......................................................................... 45 52 General Unit MOU ~ ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** ,. RESOLUTION AGENDA ITEM TRACKING FORM /"' Meeting Date (Date Adopted): ~ r ~(' C'~ Item # _I q Vote: Ayes r1 ,~ Nays Change to motion to a~ocuments 0 Resolution # JJCcf-15 Abstain Absent Companion Resolutions NulVVoid After: days/ Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0 PUBLISH 0 POST 0 RECORD W/COUNTY 0 By: Reso. Log Updated: Seal Impressed: o o Date Sent to Mayor: Date of Mayor's Signature: Date of Clerk/CDC Signature: Date Memo/Letter Sent for Signature: I" Reminder Letter Sent: Date Returned: 2nd Reminder Letter Sent: Not Returned: 0 Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes - No By_ Yes No By_ Yes No By_ Yes No By_ Yes No By_ Copies Distributed to: Animal Control 0 EDA 0 Information Services 0 City Administrator 0 Facilities 0 Parks & Recreation 0 City Attorney 0 Finance 0 Police Department 0 Code Compliance 0 Fire Department 0 Public Services 0 Development Services 0 Human Resources 0 Water Department 0 Others: Notes: Date: Ready to File: Revised 12/18/03 .- . CITY OF SAN BERNARDINO Interoffice Memorandwn CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: April 11 , 2005 TO: Linn Livingston, Director Hwnan Resources FROM: Eileen Gomez, Senior Secretary RE: Transmitting Docwnents for Signature - Resolution Nos. 2005-75 At the Mayor and Common Council meeting of April 4, 2005, the City of San Bernardino adopted Resolution No. 2005-75 - Resolution implementing a Memorandum of Understanding between the City of San Bernardino and employees in the General Bargaining Unit of the City of San Bernardino represented by San Bernardino Public Employees' Association. Attached is one (1) original Memorandwn of Understanding and one (1) duplicate original MOU. Please obtain signatures in the appropriate locations and return the ORIGINAL MOU to the City Clerk's Office to my attention as soon as possible. Please keep the fully executed copy for your records. If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you. Eileen Gomez Senior Secretary I hereby acknowledge receipt of the above mentioned docwnents. Signed: ~j1J-A Date: Lf{c>ios- Please sign and return