HomeMy WebLinkAbout24-Human Resources ORIGINAL
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
From: LINN LIVINGSTON, Subject: RESOLUTIONS
DIRECTOR OF HUMAN RESOURCES IMPLEMENTING A MEMORANDUM
OF UNDERSTANDING WITH THE
Dept: Human Resources MIDDLE-MANAGEMENT UNIT, A SIDE
LETTER AGREEMENT FOR A
Date: August 14, 2007 CONTRACT EXTENSION WITH THE
GENERAL UNIT, AND AN UPDATED
RESOLUTION WITH THE
MANAGEMENT/CONFIDENTIAL UNIT
M/CC Meeting Date: Aug 20, 2007
Synopsis of Previous Council Action:
Recommended Motion:
1. Adopt Resolutions
2. Authorize the Director of Finance to amend the FY 07-08 budget to transfer funds
included in the General Fund Budget to the appropriate Departments for the
items outlined in the staff report.
Signature
Contact person: Phone:
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount: $1,626,000 FY 2007-08
Source: (Acct. No.) 001-092-5011
(Acct. Description)
Finance:
ADO 7 -.3,,// a0 0 7 -3� /
Council Notes: �sOS 7`3, �U7 -� .5� '�`
Agenda Item No.
�' 07
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Resolutions implementing a Memorandum of Understanding with the Middle-Management Unit,
a Side-Letter agreement for a contract extension with the General Unit, and an updated
Resolution with the Management/Confidential Unit.
Background:
The City Team negotiated with the General, Middle-Management, and Management/
Confidential bargaining units regarding retirement and health benefit contributions. All units
have ratified with their perspective employees to move forward with a 2.7% @ 55 PERS
retirement benefit and an increase in City health benefit contributions.
In addition to general clarification language changes,the following represents the monetary and
contract terms agreed upon:
GENERAL UNIT (Exhibit A)
Retirement
Effective January 1, 2008 the City will amend the PERS contract from the 2% @ 55 retirement
formula to 2.7% @ 55 with all employee and employer costs associated with this benefit paid by
the City.
Health Care Contributions
Effective January 1, 2008 the City will contribute an additional $50 per month towards health
care benefits for both employee only and employee +1/family ($409/$559)
Effective January 1, 2009 the City will contribute an additional $50 per month towards health
care benefits for both employee only and employee +1/family ($459/$609)
Contract Terms
The current MOU expires on December 31, 2007. The contract extension will run for two years
from January 1, 2008 through December 31, 2009.
MIDDLE-MANAGEMENT UNIT (Exhibit B)
Retirement
Effective January 1, 2008 the City will amend the PERS contract from the 2% @ 55 retirement
formula to 2.7% @ 55 with all employee and employer costs associated with this benefit paid by
the City.
Health Care Contributions
Effective January 1, 2008 the City will contribute an additional $75 per month towards health
care benefits for both employee only and employee +1/family ($419.25/$742.15)
Effective January 1, 2009 the City will contribute an additional $50 per month towards health
care benefits for both employee only and employee +1/family ($469.255792.15)
Sell Back
The City will agree to implement a Post Employment Health Plan (PEHP) for members in the
Middle-Management bargaining group.
Overtime
The City agrees to move employees who hold the classification of Sanitation Route Supervisor
into Article III—Compensation, Section 6- Overtime, D. allowing these employees to receive
overtime compensation in lieu of Administrative Leave.
Contract Terms
The contract period is July 1, 2006 through June 30, 2009.
MANAGEMENT/CONFIDENTIAL (Exhibit C)
Wages
The City agrees to implement the classification and compensation study as outlined in the
attached Resolution.
Retirement
Effective January 1, 2008 the City will amend the PERS contract from the 2% @ 55 retirement
formula to 2.7% @ 55 with all employee and employer costs associated with this benefit paid by
the City.
Effective July 1, 2007 the City will pick-up 7% of the employee contribution towards PERS.
Health Care Contributions
Effective January 1, 2008 the City will utilize the following formula to determine the monthly
contribution: 10%above the highest city contribution amount.
Sell Back
The City will agree to implement a Post Employment Health Plan(PEHP) for members in the
Management/Confidential bargaining group.
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Financial Impact:
Cost for healthcare contribution, retirement, and overtime for FY 2007-08 are as follows:
Benefit General Unit Middle-Management Management/Confidential
Retirement $676,900 $169,800 $374,500
Health Insurance $174,000 $ 37,800 $108,500
Overtime $ 99,400 (Refuse Fund)
TOTAL 2007/08 $850,900 $307,000 $483,000
The cost for General, Middle-Management, and the Management/Confidential units for FY
2007-08 as applied to general fund departments is approximately$1,300,000 and to non-general
fund departments approximately $340,900 for a total cost of$1,640,900 (Excludes classification
and compensation implementation). Sufficient funds have been included in the FY 07-08
budget to cover all costs as outlined in this staff report. A budget amendment is needed to
authorize Finance to move the funds included in the General Fund Budget to the proper user
Department budgets.
Recommendation:
1. Adopt Resolutions
2. Authorize the Director of Finance to amend the FY 07-08 budget to transfer funds included
in the General Fund Budget to the appropriate Departments for the items outlined in the staff
report.
COPY
I Resolution No.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SA
3 BERNARDINO AND EMPLOYEES IN THE MIDDLE MANAGEMENT BARGAININ
UNIT OF THE CITY OF SAN BERNARDINO REPRESENTED BY SAN BERNARDIN
4 PUBLIC EMPLOYEES' ASSOCIATION.
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WHEREAS, the designated representatives of the Mayor and Common Council met an
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conferred in good faith with representatives of San Bernardino Public Employees' Association
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(SBPEA) representing the Middle Management Employees of the City of San Bernardino, in
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accordance with the provisions of Government Code §3500-3510, to agree upon a ne
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Memorandum of Understanding (MOU);
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WHEREAS, such meetings resulted in agreement on an MOU (Exhibit A, a copy of
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which is attached hereto and incorporated herein) effective July 1, 2006 through June 30, 2009.
12 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY O
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SAN BERNARDINO, AS FOLLOWS:
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SECTION 1. Exhibit A to this resolution is hereby adopted establishing wages, hour
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and working conditions for employees in the Middle Management bargaining unit of the City of
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San Bernardino.
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I RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SA
2 BERNARDINO AND EMPLOYEES IN THE MIDDLE MANAGEMENT BARGAININ
UNIT OF THE CITY OF SAN BERNARDINO REPRESENTED BY SAN BERNARDIN
3 PUBLIC EMPLOYEES' ASSOCIATION.
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an
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the Common Council of the City of San Bernardino at a meeting thereof, held
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on day of , 2007, by the following vote, to wit:
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COUNCILMEMBERS: AYES NAYES ABSTAIN ABSENT
9 ESTRADA
10 BAXTER
11 BRINKER
DERRY
12
KELLEY
13 JOHNSON
14 MCCAMMACK
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16 Rachel G. Clark, City Clerk
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18 The foregoing resolution is hereby approved this day o
19 , 2007.
20
Patrick J. Morris, Mayor
21 City of San Bernardino
22 Approved as to form:
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JAMES F. PENMAN,
24 City Attorney
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:Agenda
Items:Reso.Mid-Mgmt.MOU.06-09 08117107
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EXHIBIT A
MIDDLE MANAGEMENT
�
E MPLOYEES
MEMORANDUM
OF
UNDERSTANDING
JULY 1, 2006 TO
JUNE 30, 2009
CITY OF SAN BERNARDINO
OFFICE OF THE
DIRECTOR OF HUMAN RESOURCES
TABLE OF CONTENTS
Article/Section Title Page
Resolution No. Implementation of Memorandum of Understanding.........13.
Definition of Terms............................................................3a
ARTICLE I ADMINISTRATION........................................................4H
Section 1 Management Rights...........................................................4g
Section 2 Agency Personnel Rules....................................................4C
Section 3 Labor-Management Committee.........................................57
Section 4 Contract Services...............................................................57
ARTICLE II EMPLOYER-EMLOYEE RELATIONS.......................57
Section1 Recognition........................................................................57
Section2 No Strike............................................................................57
Section 3 Payroll Deduction..............................................................65
Section 4 Grievance Procedure..........................................................68
Section 5 Non-Discrimination.........................................................84W
Section 6 Employee Rights..............................................................844
Section 7 Classification....................................................................944
Section 8 Bulletin Boards................................................................944
Section 9 Access to Personnel Records...........................................944
ARTICLE III COMPENSATION.......................................................104-2
Section1 Wages.............................................................................104-?
Section2 Acting Pay......................................................................104-?
Section 3 Shift Differential............................................................14
Section 4 Wage Differential...........................................................11-1,3
Section5 PERS ...................................................................•.........114
Section 6 Overtime ........................................................................_
114-�
Section 7 Employee Court Subpoena............................................1344
Section8 Fines...............................................................................134-5
Section 9 Special Certification Pay................................................1343
Section 10 Personal Tool Allowance...............................................l 1446
ARTICLE IV FRINGE BENEFITS....................................................144-6
Section 1 Health/Life Insurance.....................................................144-6
Section2 Uniforms........................................................................15-
Section 3 Tuition Reimbursement .................................................164-8
ARTICLEV LEAVES.........................................................................1820
Section1 Vacation.........................................................................182E
Section 2 Holidays .......192 4
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Mid-Management MOU
Article/Section Title Page
Section3 Sick Leave......................................................................21?3
Section 4 Payment for Unused Sick Leave....................................23?4
Section 5 Injury Leave................................................................. 23
Section 6 Leave of Absence Without Pay......................................24
Section 7 Witness Leave................................................................2522-7
Section 8 Blood Donations 2522-7
Section 9 Catastrophic Leave.........................................................25-2-7
Section 10 Sick Leave Sell Back.....................................................26?8
Seetoon 11 Aeeumulated T Leave on craw )....................,
Section 11 Post Employment Health Plan (PEHP)..........................26
Section 12 Jury Duty........................................................................26?-a
ARTICLE VI WORKING CONDITIONS.........................................272-8
Section 1 Working Conditions.......................................................27'8
Section 2 Physical Examinations 27-4
Section 3 Drug and Alcohol Testing..............................................282-4
Section4 Seniority.........................................................................283A
Section 5 Probationary Period .......................................................2830
ARTICLE VII GENERAL PROVISIONS............................................2838
Section 1 Waiver Clause................................................................2830
Section2 Severability....................................................................293-0
Section 3 Printing of Memorandum of Understanding..................293 4
Section 4 Term of Memorandum of Understanding......................293 f
Section 5 Notice of Intent to Reopen.............................................293
Section 6 New Employee Information...........................................29.34
SIGNATURE PAGE....................................................3032-
Index ........................................................................................3133
EXHIBITS
Exhibit 1 Side Letter to Agency Personnel Rules
Exhibit 2 Authorization for Checkoff for Union Dues Form
Exhibit 3 Resolution 6413, Section Eleven:
"Middle-Management Employees"
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Mid-Management MOU
DEFINITION OF TERMS
City: The City of San Bernardino
Classification: Includes titles listed in Section Eleven of City Resolution No.
6413, as amended.
Dav: As it pertains to a sick leave day or a vacation day, one (1) "day"
equals eight (8) hours, unless otherwise specified.
Exclusions: Excluded from the Middle-Management Unit for purposes of
representation are: Classification titles designated as management/
confidential, general or safety positions established and created
under federal contract and temporary, part-time provisional and
probationary individuals.
Middle Includes titles listed in Section Eleven of City Resolution No.
Management 6413, as amended. Additional titles in the Middle-Management
Unit: Unit may be established by the Mayor and Common Council. Also
reference"Exclusions"above.
Mandatory and "Shall" is mandatory; "may" is permissive.
Permissive:
MOU: Memorandum of Understanding
Regular Full-Time An Employee who has been appointed to a Regular, Full-Time
Employee: position and has completed his/her probation period.
Union: The exclusive bargaining representative for the Middle-
Management Unit.
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Mid-Management MOU
..� ADMINISTRATION
Section 1 - Management Rights
This MOU shall not be deemed to limit or curtail the City in any way in the exercise of the
rights, powers and authority which the City has prior to entering into this understanding, except
to the extent that the provisions of this MOU specifically curtails or limits such rights, powers
and authority. Furthermore, the City retains all its exclusive rights and authority under City
Charter, ordinances, resolutions, state and federal law and expressly and exclusively retains its
management rights, which include but are not limited to: the exclusive right to determine the
mission of its constituent departments, commissions and boards; set standards of selection for
employment and promotions; directs its employees; establish and enforce dress and grooming
standards; determine the methods and means to relieve its employees from duty because of lack
of work or other lawful reasons; maintain the efficiency of governmental operations; determine
the methods, means and numbers and kinds of personnel by which government operations are to
be conducted; determine the content and intent of job classifications; determine methods of
financing; determine style and/or types of City-issued wearing apparel, equipment or technology,
means, organizational structure and size and composition of work force and allocate and assign
work by which the City operations are to be conducted; determine the change and the number of
work locations, relocations and types of operations;processes and materials to be used in
carrying out all City functions including_but not limited to. the right to contract for or
subcontract any work or operations of the City; to assign work to and schedule employees in
accordance with requirements as determined by the City and to establish and change work
schedules and assignments upon reasonable notice, establish and modify productivity and
performance programs and standards; discharge, suspend, demote, reprimand, withhold salary
increases and benefits, or otherwise discipline employees in accordance with the applicable law;
establish employee performance standards including=but not limited to, quality and quantity and
standards, and to carry out its mission in emergencies, and to exercise complete control and
discretion over its organization and the technology of performing its work.
Section 2 —Agency Personnel Rules
It is understood and agreed that there exists within the City in written or unwritten form,
certain personnel rules, policies, practices and benefits generally contained in the Civil Service
Rules and Regulations for the Classified Service; Resolution No. 6433, as amended; Resolution
No. 10584, Establishing Uniform and Orderly Methods of Communications Between the City
and its Employees for the Purpose of Promoting Improved Employer-Employee Relations, as
amended; and, Resolution No. 10585, Adopting Rules and Regulations Relating to Employer-
Employee Relations, as amended, which documents will continue in effect, except for provisions
modified by the City Council in accordance with federal or state laws, orders, regulations,
official instructions or policies.
The City may adopt, change or modify work rules. Whenever the City changes work rules or
issues new work rules, it will post them on departmental bulletin boards ten(10) working days
prior to their effective date, except in emergency situations. A copy will be sent to SBPEA at the
beginning of the ten (10) day period, in order that SBPEA may meet and confer regarding such
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Mid-Management MOU
rules with the City before they become effective, if SBPEA so requests. (Reference Side Letter-
Exhibit #1)
Section 3 - Labor-Manay-ement Committee
The Labor-Management Committee shall be established for the purpose of discussing
common problems that are not addressed in other existing procedures. The Union and the City
shall each designate up to three (3) representatives to serve on the Committee from different
departments. The Committee will select a chairperson who will be responsible for receiving
items, establishing agendas and informing participants of the time and place of meetings. The
Committee shall normally meet at least quarterly or may meet more often if necessary at a
mutually agreed upon time and place. The Union will provide a list of the Committee members
to the Director of Human Resources each January and July. Guests and/or speakers will be
allowed to attend based on advance notice to the City and mutual agreement.
Section 4 - 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.
ARTICLE II—EMPLOYER-EMPLOYEE RELATIONS
Section 1 —Recognition
The City hereby acknowledges that SBPEA has been and is recognized by the City as the
exclusive representative for the Mid-Management Unit employees for purposes of meeting and
conferring on wages, hours, and other terms and conditions of employment and for all other
matters related to employer-employee relations for these purposes.
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.
Section 2 —No Strike
It is the purpose of this MOU for the parties hereto,to confirm and maintain the spirit of
cooperation, which has existed between the City of San Bernardino and the employees of the
City. It is recognized that any work disruptions are unproductive to City operations and services
provided its citizens. The Union and the City agree that they shall at no time 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
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Mid-Management MOU
shall not. on behalf of itself and its members, individually or collectively, engage in any
curtailment or restriction of work. Should any curtailment or restriction of work take place, paid
leave benefits (sick leave, vacation, etc.) will not be available during such periods of time.
Section 3—Payroll Deduction
It is agreed that SBPEA membership dues, agency fees, insurance and premiums for plans
sponsored by the Union shall be deducted by the City from each employee's payroll check who
files a written authorization requesting that such deduction be made.
The City shall not be liable to the Union, employees or any other persons by reason of the
requirements of this Article for the remittance of any sum other than that constituting actual
deductions made from the employee's earned wages. SBPEA shall hold the City harmless for
any and all claims, demands, suits, orders,judgments, or other forms of liability that may arise
out of or by reason of action taken by the City under this Article. In addition, SBPEA shall
refund to the City any amounts paid to it in error, upon presentation of supporting evidence.
Dues deductions shall be a specified uniform amount for each SBPEA member. Any change
in the amount of dues deducted shall be by written authorization from the Union with 30 days'
notice to the City Finance Department of any change in the amount of dues to be deducted.
All unit members who were members of SBPEA on July 1, 1999, and those employees who
thereafter become members shall remain as SBPEA members in good standing for the duration
of this MOU, except as provided herein.
During the first full week of April, members may request in writing to the Finance
Department, with a copy to SBPEA,to withdraw their authorization for dues deduction, which
shall become effective at the beginning of the first payroll period in June. (Reference:
Authorization for Checkoff for Union Dues—Exhibit#2)
Section 4—Grievance Procedure
Purpose: The City of San Bernardino and the Middle-Management Unit realize the
importance of a viable grievance procedure to aid in the resolution of disputes. It is recognized
that to maintain high employee morale and harmonious relations, an orderly method of
processing grievances is necessary. This procedure is intended to establish a systematic means to
process a grievance and to obtain fair and proper answers and decisions regarding employee
complaints. The representative of employees and management at all levels will make continuing
efforts to secure prompt disposition of grievances. Every effort should be made to resolve
grievances in the informal process.
The initiation of a grievance in good faith by an employee shall not cast any adverse
reflection on his/her standing with his/her supervisors or his/her loyalty as a City employee nor
be a reflection on the employee's supervisor or the department involved.
Definition of a Grievance: A grievance is an alleged violation of the terms of this MOU. If
the employee chooses to appeal disciplinary action to the Civil Service Board, he/she shall be
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Mid-Management MOU
precluded from filing a grievance. The remedy selected shall be the exclusive remedy pursued,
either through the grievance procedure used under this MOU, or through disciplinary appeals to
the Civil Service Board_
Additionally, allegations of discrimination or harassment may be submitted to the Equal
Employment Officer.
As used in this procedure, the term "immediate supervisor"means the lowest level of
supervisor not within the Middle-Management representation unit.
Representation: The aggrieved employee shall have the right to be represented. This
representation may commence at any step in the grievance procedure. Legal counsel or official
representatives of the recognized employee organization only can represent the employee. No
person hearing a grievance need recognize more than one City employee representative for any
employee at any one time, unless he/she so desires. If the employee's legal counsel is not from
the formally recognized employee organization, a representative of that formally recognized
organization may attend the grievance hearing to insure that the solution reached does not violate
the terms of the MOU.
Consolidation of Grievances: In order to avoid the necessity of processing numerous similar
grievances at one (1)time, a single grievance may be filed.
Time Limitation: Time limitations are established to settle a grievance quickly. Time limits
may be modified by agreement of the parties. If at any stage of this grievance procedure the
grievant is dissatisfied with the decision rendered, it shall be the grievant's responsibility to
initiate the action, which submits the grievance to the next level of review. The grievant may
proceed to the next step if a reviewing official does not respond within the time limits specified.
A formal grievance may be entered into or advanced to any step if the parties jointly so agree.
Steps in The Grievance Procedure: The procedures outlined herein constitute the informal
and formal steps necessary to resolve an employee's grievance. An attempt to settle the
grievance in the informal structure at the employee-supervisor level is required. The grievance
must be submitted to the Informal Step within ten (10) working days of the incident or of the
Oevant's knowledge of the incident's occurrence.
A. Informal:
1. Initially the (rricN-in,2 employee shall, on a persF►nal face-to-face basis, discuss
his/her complaint vvith his/her- immediate supervisor informally. Within ten (10) workin(
days the supervisor shall give his/her decision to the employ cc orall. The (late and the
subject of the incident should be proti ided with the request for the informal meeting. The
supervisor,.N ill document his/her response to the emplm-ce, in the eN ent the (grieN ante
proceeds to the Formal level.
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Mid-Management MOU
B. Formal:
1. If the grievance is not adjusted to the satisfaction of the employee involved, the
grievance shall be submitted in writing by the employee or his/her designated representative to
the Department Head within the next ten(10)working days. The Department Head shall meet
with the employee and/or his/her designated representative within ten (10) working days of
receipt of the written grievance and shall deliver his/her answer in writing to the employee
within ten (10) working days after the meeting.
2. If the grievance is still not adjusted, the aggrieved party may file a written appeal
with the Director of Human Resources or his/her designee shall meet with the employee and if
the employee desires, the designated Union representative within ten(10) working days after
receipt of the appeal and shall deliver his/her answer in writing to the employee within ten(10)
working days after the meeting.
3. If the grievance is still not adjusted, the aggrieved party may file a written appeal
with the City.'`dmi ,istratiH N1anager within ten (10) working days from the date of delivery of
said answer. State in writing the complaint and the desired result. The City ^dnii,istfate f
Tana<„er may meet with the employee and if the employee desires the designated union
representative within ten(10) working days after the receipt of the appeal and shall deliver
his/her answer in writing to the employee within ten (10) working days after the meeting. The
City ^ -a„,;,,;ssr-a+ .- Manager's decision is final and binding on all parties, unless reversed by a
court decision.
4. Any grievance not answered by the City within the specified time limits listed
above shall be deemed settled on the basis of the Union's original demand. Likewise, any
grievance not answered by the Union as above shall be deemed settled on the basis of the City's
last official answer.
5. Time limits, as stated above in subsections 1-4 may be extended by mutual
agreement of the employee, his/her representative (if any) and the City.
Section 5—Non-Discrimination
The City and the Union agree that there shall be no discrimination against employees within
the bargaining unit because of race, color, creed, religion, national origin, sex, age, marital status
or Union membership.
Further, there shall be no discrimination against individuals with disabilities, as defined by
the Americans with Disabilities Act(ADA) of 1990, when those individuals do not pose a risk to
the health or safety of themselves or others. The ADA expressly identifies reassignment to a
vacant position as one form of reasonable accommodation.
Section 6—Employee Rights
A. Employees of the City have the right to form,join and participate in the activities of
employee organizations of their own choosing for the purpose of representation on all matters of
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Mid-Management MOU
employer-employee relations, including but not limited to: wages,hours and other terms and
conditions of employment. Employees of this City shall have the right to refuse to join or
participate in the activities of employee organizations and shall have the right to represent
themselves individually in their employment relations with the City. No employee shall be
interfered with, intimidated, restrained, coerced or discriminated against by the City or by
employee organizations because of the exercise of these rights.
B. The City, through its representatives, shall meet and confer in good faith with
representatives of formally recognized employee organizations regarding matters within the
scope of representation, including wages, hours and other terms and conditions of employment.
Section 7—Classification
Classification review is a management tool to ensure the accurate reflection of tasks and
duties in each City position for the purpose of recruitment, compensation and organizational
structuring. The City shall notify SBPEA in writing on all classifications and changes to
classifications to this unit within ten(10)working days after such changes have been approved
by the Mayor and Council. New and revised classification specifications shall be sent to SBPEA
within the same time frame. Employees who believe they are performing duties of a higher level
outside of their current classification, and who believe they have been unable to resolve the
situation satisfactorily, shall have the right to appeal their issue via the current grievance
procedure.
1 Section S—Bulletin Boards
The City will furnish a reasonable portion of existing bulletin board space in each
department/division for the purpose of SBPEA posting notices of pertinent SBPEA business.
SBPEA agrees that nothing libelous, obscene, and defamatory or of a partisan political nature
shall be posted. In the event that there is a dispute arising out of the pertinency of any literature
posted, the City or designee shall meet with the SBPEA labor relations
representative to resolve the problem as soon as possible.
Section 9—Access to Personnel Records
The City's Human Resources Department shall keep and maintain an official personnel file
for each employee. Personnel files are confidential.
Employees or their authorized representatives shall have the right, upon request, to review
the contents of their official personnel files. Such review may be made during normal working
hours with no loss of pay for time spent, and the employee may be accompanied by his/her
authorized representative, if he/she so wishes. Employees desiring to review such records shall
make their requests in writing through the Department Head to the Human Resources
Department, if it is on City time.
Letters of reference and other matters exempted by law shall be excluded from the right of
inspection by the employee.
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Mid-Management MOU
ARTICLE III—COMPENSATION
Section 1 —Wages
Salaries are per Resolution No. 6413, Section Eleven, as amended by the Mayor and
Common Council. Exhibit#3 is a copy of the resolution.
jaiiEiaFy . 2005, a one and one half pefeeHll H -o
-o'
1. 2006. a one peFeen",10,e) Cost of Livifig A4justment (GOLIN) will be
Faeh metiabet- of the Mid Nianagement t;nit will Feeeive a signing boiius ef$290 OR tile fiFSt
The Cite at its expense, agrees to conduct a classification and compensation stuth of
positions in the Nlidtlle-�Iana«ernent Unit. The Cihv further argrees that the stu&% .%ill be
Completed on or about September 1 2007 and implemented in accordance NI ith the side
letter agreement (Resolution No. ) adopted August 20, 200". The follo.N-in(
cities frill he used for the classification stutlr: Riverside, !Ioreno Faller. Fontana, Ontario,
and Pomona, as outlined in the aforesaid side-letter avreenient.
Section 2—Acting Pay
A Middle-Management employee who is assigned acting (complete) responsibility in the
absence of his/her superior by the Department Head and approved by the City A a",;.,isti- too
Nlana,_fer shall be paid for same as follows:
The rate of pay shall be a step on the range of the higher position, which allows the "acting"
employee at least a five percent (5%) increase. The employee shall be paid from the first day of
such assignment. To qualify for such acting pay, the Middle-Management employee must be
assigned to same position for at least 30 consecutive working days.
Section 3—Shift Differential
All employees assigned to shift work, within the bargaining unit assigned to the
communications division, shall receive the following pay differential, in addition to their regular
base rate of pay for actual "shift work" designated as either the "swing"or"graveyard" shift.
A. An employee assigned to the swing shift(normal start and ending time of 4:00 p.m. to 12
midnight, respectively) shall receive $85 per month extra for all hours actually worked during
such assignment; or,
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Mid-Management MOU
B. An employee assigned to the graveyard shift(normal start and ending time of 12
midnight to 8:00 a.m., respectively) shall receive $120 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 I" and the 16`h of
the month. Whenever permanent swing or graveyard shift employees work overtime on another
shift, their hourly pay will 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 being assigned for 30 calendar days or more.
Section 4—Wage Differential
All Mid-Managers shall receive payment at the step in the salary range which is not less than
five percent(5%) above his or her highest paid subordinate.
Section 5—PERS
For any unit employee hired on or after January 1, 1998,the City will pay e six percent
(6-�%) of the members' contribution to PERS credited to the employee's account as a fringe
benefit. Upon said employees completing five (5) years of service, the City will pay sit}-eight
percent (87%) 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 Cite agrees to amend the PERS contract to provide-2.7-1-1 55 retirement benefit
effective 1�'l lOR to all unit members. All costs for providing such retirement benefit shall he
raid b- the City-.
The City agrees to amend the PERS contract to provide the 2% @ 55 retirement benefit,
effective June 30, 2001, to all unit members. All costs will be covered by the City.
The City will pay the employer contribution ($3.50/month) for the Fourth Level of 1959
Survivor Benefits.
Section 6—Overtime
The following three paragraphs (Administrative Leave, Emergency Operations Center and
Fluctuating Schedules) apply to all unit employees with the exception of classifications covered
under the federal Fair Labor Standards Act(FLSA):
. Administrative Leave: Unit employees will receive forty (40) hours of administrative leave
on July 1 of each year this MOU is in effect. Unused Administrative Leave may not be carried
forward from year to year and shall not be paid for at any time. Employees receiving
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Mid-Management MOU
Administrative Leave shall not earn any additional time off or other compensation for overtime
work, except as described below.
6. Emergency perations Center(EOC): The City will pay straight time overtime to unit
members assigned to work beyond their regular shifts, when the City's Emergency Operations
Center(EOC) is open, when such assignments result from a federal or state-declared disaster
declaration and when the overtime worked is expected to be reimbursed to the City by federal,
state and/or other funding sources.
C. Fluctuating Schedule: In the event that Unit members must work beyond their regular shift or
must work on a regularly scheduled day off to provide support for prescheduled special events,
the Department Head or designee has the discretion to implement a fluctuating schedule,
whereby the employees will work on the prescheduled special event, in exchange for equivalent
time off during the same pay period. Each Department head shall consider any request of an
employee as to preference for taking the equivalent time off.
1). FLSA: Article 111, Section 6, shall not apply to the following positions covered under the Fair
Labor Standards Act (FLSA): Dispatcher Supervisor; Fire Equipment Shop Supervisor;
Maintenance Supervisor(Sewer); Traffic Signals & Lighting Supervisor; Police Records
Supervisors; Supervising Equipment Mechanic; Fire Communications Manager; an Athletic
Field Maintenance Specialist: and Sanitation Route Supervisor.
F. Only hours actually worked shall be counted for purposes of calculating eligibility for
overtime compensation, as appropriate. Approved witness leave and jury duty, as set forth in the
MOU will be counted as actual hours worked.
L Classifications covered by the FLSA shall have the option to participate in a compensatory
time bank.
G. Compensatory Time Bank: When an employee works overtime, he or she shall earn overtime
at the FLSA rate. Following prior approval of overtime as described above, the employee will
either be paid for the overtime worked, or the number of overtime hours worked will be placed in
a compensatory time bank based on the employee's request. The Finance Department (Payroll)
will track the compensatory time accrued and used and the compensatory time balance will
appear on the employee's paycheck. Department Head approval will be required in order for
employees to use time from the compensatory time bank.
H. Once an employee's compensatory time bank reaches eighty (80) hours, the employee will be
paid for all subsequent overtime worked. By the end of each calendar year, an employee's
compensatory time bank must be reduced to forty (40) hours. Any hours in the compensatory
time bank in excess of forty (40) hours as of January 1 of each year will be paid at the
employee's regular rate of pay and will be included on the second paycheck in March.
I. If the employee terminates employment ce# ot- if the employee is promoted to another position
in the City, the compensatory time bank will be paid off at the then current rate of pay.
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Mid-Management MOU
Section 7 -Employee Court Subpoena Time
.-�. Effective February 1, 2005, 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.
B. 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.
C. 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.
1). 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.
Section S—Fines
The City shall pay for court fines imposed upon each regular Middle-Management employee
within the unit of representation as a result of his/her conviction of a traffic violation when such
employee was directed to operate any faulty vehicle or vehicular equipment, which was the
proximate cause of a mechanical or other traffic violation provided that such violation did not
result from improper or negligent operation of the vehicle on the part of the employee.
Section 9 - Special Certification Pay
Effective January 1, 2003, employees in the following classifications:
A. Senior Code Compliance Officers; Supervising Equipment Mechanics; Fire Equipment
Supervisor, Equipment Maintenance Supervisors; Forensic Specialist III; Parks Maintenance
Supervisor; and, Survey Party Chief 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 III
Certified Pesticide Applicators Permit/License
Certified Playground Safety Inspector
IAI—Certified Latent Print Examiner
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Mid-Management MOU
IAI —Certified Crime Scene Investigator
Professional Land Surveyor's License
It shall be the responsibility of the department and the employee to provide pPayroll with a
copy of their certifications and or renewal.
Certificate pay is limited to $50 per month per eligible employee.
Section 10 - Personal Tool Replacement Allowance
The City shall provide a tool replacement allowance for damaged, lost or stolen personal
tools in an amount not to exceed $350 per year, per employee. The City will provide insurance
coverage for Fleet and Fire Equipment Mechanic Supervisors' 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 new employees to the City hired as Fire Equipment
Supervisors or Supervising Equipment mechanics, 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.
ARTICLE IV—FRINGE BENEFITS
Section 1 —Health/Life Insurance
A. Effective January 1, 22005,2008, the City will contribute:
${21.25419.25 per month towards the purchase of health care premiums for
"Employee With No Dependents."
• $6 -742.715 per month towards the purchase of health care premiums for
"Employee Plus One or More Dependents."
Effective January 1,x_0462009, the City will contribute:
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Mid-Management MOU
• $, 25469.25 per month towards the purchase of health care premiums for
"Employee With No Dependents."
•
$067.15792-15 per month towards the purchase of health care premiums for
"Employee Plus One or More Dependents."
Insurance benefits available for purchase by employees includes 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. A full-time, regular employee must purchase medical insurance offered by the City in
order to utilize any of the contributions described in Article IV, Subsection A.
C. The City shall contribute the PERS adopted schedule amount(currently $48.40)per
month per retiree to be used exclusively for the purpose of medical insurance benefits.
D. 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.
E. Cafeteria monies may be redesignated or a change of plans may be made only during the
open enrollment period, in accordance with the rules established by the insurance plan selected
by the employee. Plan additions and drops shall be made in accordance with the rules established
by the insurance plan selected by the employee.
F. All full-time, regular employees shall participate in the City-sponsored long-term
disability (LTD) insurance plan. The City will pay 100%of the LTD insurance plan premium for
full-time, regular employees during the length of this contract.
G. The City will change the elimination period for short-term disability (STD) from 30 to 60
days for disability coverage for all Unit members.
Section 2—Uniforms
If an employee is required to wear uniforms or any type of safety or protective devices as a
condition of employment, such uniforms or protective devices shall be furnished-to the employee
at no cost to the employee. The City will maintain work clothes that are laundered.
The City reserves the right to determine the manner in which the work uniforms and
protective devices are provided, to select the uniform rental service (as applicable) and to select
the style and color of the uniforms/protective devices.
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Mid-Management MOU
Section 3—Tuition Reimbursement
A. Purpose
1. To encourage the employees of the City of San Bernardino to take college courses
and special training courses that will better enable them to perform their present duties and
prepare them for increased responsibilities.
2. To provide financial assistance to eligible employees for education and training.
3. To establish eligibility requirements, conditions and procedures whereby such
assistance may be provided.
B. Eligibility
1. Applications for tuition reimbursement will be considered only from unit
members/employees who have completed probation.
2. Reimbursement is not authorized for courses for which the employee is receiving
financial assistance from other sources such as the GI Bill, scholarships and similar sources.
3. Applications will be approved only for courses directly related to the employee's job
or directly related to a promotional position in the employee's occupational specialty.
•p► 4. Courses not ostensibly related to the employee's job= but which are required to
qualify for a degree that is directly related to his/her job_may be reimbursable only after all
required occupationally related courses have been completed.
5. Prior to receiving tuition reimbursement, employees must submit documentary proof
of having received a grade, which is consistent with the City's affirmative action policy.
Currently, this is a"C" grade. If objective ratings are not rendered for a specific course, then a
certificate of successful completion must be submitted.
6. Approval will be limited to courses given by accredited colleges and universities, city
colleges or adult education under the sponsorship of the Board of Education. Workshops,
seminars, conferences and similar activities not identifiable as a formal course of instruction
within the curriculum of a recognized educational institution do not fall within the purview of
this program, but may be authorized and funded by the tuition reimbursement funds with the
approval of the Department Head and the City ^dniinistfatt*FNIanager. No mail-order courses
will be offered.
7. When an employee is required by his or her Department Head to attend a particular
course or seminar, the expense shall be borne entirely by the department, outside of this
Subsection.
C. Reimbursement
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Mid-Management MOU
1.
te?ithooks, t�)F each c-om-se. Additional e�ipenses sueh as meals and paj-king fees are not
inib fFs-,'°. The amount of reimbursement shall be eguiNalent to tuition costs for up to six
(6) units per quarter as charred b% the California State L nip ser,%. San Bernardino. or up
to one-and-a-half(1-1/2) times that amount if based on a semester sNstem. Additional
expenses such as meals and parking, fees are not reimbursable.
2. Costs for required texts are eligible for one-hundred percent(100%)reimbursement
and the employee may retain the book(s).
D. Procedures
1. An employee who desires to seek tuition reimbursement under the provisions of this
Article must complete, in triplicate, a City Education Reimbursement form and submit it to
his/her Department Head for advance approval.
2. The Department Head will recommend approval or disapproval based on job
relatedness and forward the Educational Reimbursement form to the Director of Human
Resources.
3. The Director of Human Resources will recommend approval or disapproval based on
availability of budgeted funds for education tuition assistance and forward to the City
:^d., mist, Manager for final action. One (1) copy will be returned to the employee; a copy
will be returned to the department. It is necessary that the applicant accomplish the procedures so
far described in order to ascertain the eligibility of the intended course of instruction for
reimbursement under the provisions of this Section prior to the inception of the course.
4. The employee will submit his or her copy of the approved application for
reimbursement within sixty (60) calendar days after the completion of the course and final grade
has been received. The employee must include official verification of his/her final grade with
appropriate receipts for tuition and textbook costs. These will be returned to the employee upon
request. Applications not submitted to the Human Resources Department within the established
time frame following completion of the course become void.
5. Upon receipt of the application and required documentation, the Human Resources
Department will determine whether the completed course of instruction is compatible with the
provisions of Subsections B and C of this Section. If found to be compatible and funding
available as described in this Section, the Human Resources Department will compute the
amount of reimbursement, authenticate the application and forward it to the Finance Department
with authorization to reimburse the employee the approved amount.
6. All approved reimbursements forms must be returned to Human Resources, if the
employee/student does not complete the course.
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Mid-Management MOU
ARTICLE V—LEAVES
Section 1 —Vacation
A. All employees covered by this MOU shall be entitled to paid vacations as follows:
Completed Years of Rate of Accrual Per Pay Equivalent Hours
Continuous Service Period Per Year
1 Year** 3.333 hours 80 hours
5 Years 5.0 hours 120 hours
15 Years 6.667 hours 160 hours
20 Years 8.33 hours 200 hours
*Service year begins on initial date of employment in a full-time regular status.
**No vacation granted or accrued; if service is less than one year.
B. The amount of accrual shall not exceed the specified number of hours granted each year.
C. Employees shall not be permitted to work in their City position in lieu of taking vacation
in order to receive additional compensation.
D. Except as provided herein, vacation time shall not accumulate or be allowable or payable
,1 beyond the calendar year when due. 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. 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 Ofof three (3) or more months
should normally elapse between the expiration of one (1) year's vacation and the commencement
of the next year's vacation.
The vacation period to which any employee shall be entitled shall be assigned by the
Department Head in the calendar year when due, except with the Department Head, with the
approval of the Mayor, determines that an emergency or other valid factors prevent the employee
from utilizing his/her vacation during the calendar year when due. Should this occur, the
employee's vacation should be rescheduled at the very earliest mutually acceptable date.
Vacation requests will not be unreasonably denied.
E. Upon termination, payment for unearned,but unused vacation_or deduction for used, but
unearned vacation, shall be made on the basis of the hourly rate of pay being received by the
employee on the date of separation.
F. When an employee returns to work after a break in"continuous service"as defined in
Resolution No. 6433 as amended, and when such break in continuous service shall have been by
leave of absence with the approval of the Mayor and Common Council, vacation time shall not
accrue during a break in continuous service, but shall accrue from the date of return to service
from such approved leave of absence, based upon the total length of service of the employee.
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Mid-Management MOU
G. Whenever the terms"year or years of employment" appear herein, it shall be deemed to
include all services for the City of San Bernardino. Years of employment do not refer to
participants in federally funded, temporary programs, e.g., Job Training Partnership Act(JTPA).
H. The employee shall not lose any vacation time off due to action by the City.
I. Vacation credits may be taken off in increments fef-of four(4)hours, with prior
Department Head approval, unless Department work rules permit use in lesser increments.
J. In the event an employee is compensated for less than fifty percent (50'%4) of the
payroll period, he/she shall not he credited with any vacation accrual for that paN period.
K. Employees may sell back up to forte (40) hours of y acation time per year
proN ided the follow ink conditions have been met:
1. Employees must have a minimum of one hundred twenty (120) hours
in their vacation balance before sell back occurs.
2. Employees must have taken a consecutive one (1) i�eel: vacation during
the mast year prior to the sell back of hours.
3. Employees must complete a vacation sell hack form,1yhich must
include a Department Head signature.
4. Forms must be submitted to the Finance Department on or before
Npril 1st of each vear.
5. Payment for vacation sell hack hours Nyill be paid (using the current
Council approved salary rates in the salary resolution) on the
employee's Flay 1:5"' paycheck each year.
Section 2—Holidays
A. Ci -Designated Holiday: All full-time employees within the bargaining unit, with the
exception of those employees mentioned in the following paragraphs shall be entitled to twelve
(12) City-designated holidays, the equivalent of ninety-six (961 holiday hours each year. The
following days will be holidays for the purpose of this MOU:
New Year's Day
President's Day
Martin Luther King, Jr. Day
Memorial Day
Independence Day
Labor Day
Traditional Veteran's Day
Thanksgiving Day
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Mid-Management MOU
Day after Thanksgiving
Christmas Eve Day
Christmas Day
New Year's Eve Day
Plus sixty eighteen (168) hours of Holiday Account time per year(See Subsection B).
Effective January 1, 2006, all full-time employees within the bargaining unit, with the
exception of those employees mentioned in the following paragraphs, shall be entitled to twelve
(12) City-designated holidays, the equivalent of one hundred eight (108) holiday hours each
year.
k. All full-time employees within the bargaining unit, with the exception of those
employees shown in the following paragraph, shall be allowed the above holidays at full pay
when such holidays occur within the regularly assigned working periods provided they are in a
paid status during any portion of the working day immediately preceding or succeeding the
holiday.
B. 1401idaN, Aeeomit� Wfeetive each Januai-N- ist. unit enipleyees will receive sixteen (16)
T.11- 1 E�1„y. I7„1 .1 1cEeuiTt llvcm vc ci si?rtet" Tiii ciiiiiire cry will be
1
B. Effective January 1, 2006, unit employees will receive eighteen (18) hours in their
Holiday Account (formerly known as Floating Holidays). Employees may maintain a balance of
more than eighteen (18) hours in their holiday account during the fiscal year; at June 30th of each
year thereafter, only eighteen (18) hours will be carried over to the new fiscal year which begins
on July I”. Any Holiday Account hours over eighteen(18)hours at June 30`h will be lost.
C. Employees who. due to scheduling, must work on a recognized City holiday will be
compensated on the basis of the number of hours worked on said holiday, excluding lunch/dinner
break. The hours accruing to the employee's holiday account for that day shall not exceed eight
(8) hours.
Effective January 1, 2006, employees who, due to scheduling,must work on a recognized
City holiday, will be compensated on the basis of the number of hours worked on said holiday,
excluding lunch/dinner break. The hours accruing to the employee's holiday account for that day
shall not exceed nine (9)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 time off or pay is to be received shall be based on the
availability of funds and needs of the department, as determined by the Department Head. If in-
lieu time off is directed by the Department Head, it may be added to the regular annual vacation
20
Mid-Management MOU
period, but must be taken within one (1) year of the date said in-lieu time was earned. Employees
of the Public Services (Refuse) Division, except clerical employees and certain designated
employees of the City Garage needed to support the Public Services (Refuse) Division
operations, shall enjoy all the holidays listed above as they occur except November 11, the
Friday after Thanksgiving Day and the holidays observed the day before Christmas and the day
before New Year's Day. Said employees shall receive an additional day's pay for each such
holiday on which they are required to work. If such holidays occur on a normal day off for said
employees, they shall receive no additional pay.
D. Holidays as listed above shall be allowed on a Monday, if any such holiday falls on
Sunday, and shall be allowed on the preceding Friday, if such holiday falls on a Saturday.- for all
employees except those covered by other provisions therein.
At the beginning of each calendar year, the City will determine how many of the above
holidays fall on a regularly scheduled day off. An employee working on a 9/80 or a 4/10
schedule will accrue the equivalent number of hours of holiday time (holiday account) with one
(1) holiday equivalent to eight(8) hours.
Effective January 1, 2006, an employee working on a 9/80 or a 4/10 schedule will accrue
the equivalent number of hours of holiday time (holiday account)with one (1) holiday equivalent
to nine (9) hours.
E. Holidays earned in any twelve (12) month period may not be accumulated beyond the
total number of holidays allowed each year by this MOU.
F. Effective January 1, 2006, upon separation from the City, employees shall be paid for
ninety percent (90%) of his/her 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, attendance upon a member of his/her immediate family
who is seriously ill and requires the care of or attendance of an employee or death in the
immediate family of the employee. Immediate family means: husband; wife; grandmother;
grandfather; mother; father; sister; brother; son or daughter or mother-in-law; father-in-law;
sister-in-law; brother-in-law; son-in-law or daughter-in-law.
Sick Leave Usage for Family Members: Not more than forty(40)hours of sick leave
within any calendar year may accrue to an employee for the care of or attendance upon members
of their immediate family. Not more than forty (40) hours of sick leave within a calendar year
may be granted to an employee for each absence due to death of a member of his/her immediate
family as defined above.
Sick Leave Usage for Employees: 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 physician's statement after any absence.
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Mid-Management MOU
® 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 and Common Council shall have the
right to require the presentation of a certificate from a practicing physician or the designated
physician stating that an employee is physically or psychologically able to perform his/her work
and duties satisfactorily before permitting an employee who has been on sick leave to return to
work.
In order to receive compensation while absent on sick leave, employees shall notify their
immediate supervisor or designee prior to or within thirty (30) minutes of the time set for
beginning their daily duties or as may be specified in department/division work rules. When
absence is for more than one(1) work day, the employee may be required to file a physician's
certificate or a personal affidavit with the Director of Human Resources stating the cause of the
absence. Sick leave with pay shall be granted to all regular employees and to all temporary full-
time employees whose positions are funded under federal law who are regularly employed in
permanent or federally funded positions if such benefit is required by said federal law. Sick leave
shall not be considered as a right;which an employee may use at his/her discretion, but shall be
allowed only in case of necessity and actual personal sickness or disability, except as otherwise
provided herein.
Whenever an employee is compensated hereunder for sick leave or injury and has not had
a vacation at the end of the current calendar year, he/she shall be allowed to take his/her vacation
in the next calendar year, but must take said vacation prior to the time he/she returns to work
after his/her illness or injury.
Whenever the term"service to the City" appears herein, it shall be deemed to include all
service of the City of San Bernardino.
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-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.
In the event an employee is compensated for 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 for the 4.0 hours of sick leave.
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Mid-Management MOU
Whenever the employee uses all allowable sick leave, further absences may be charged
against accrued vacation or administrative leave (if eligible), upon approval of the Department
Head. If all allowable sick leave has been used and use of accrued vacation and/or administrative
leave is disapproved, the employee will take loss of pay for the time not covered by allowable
sick leave.
Section 4—Payment for Unused Sick Leave
Unused sick leave is payable at any resignation without prejudice (including death and
retirement)up to a maximum of fifty percent(50%) of a 1,200-hour cap.
For employees with over twenty (20) years of service, one-hundred percent (100%) of all
unused sick leave, up to a 1,200-hour cap, will be paid at any resignation without prejudice.
Section 5- Iniury Leave
Effective with the first day of necessary absence for industrial accident or illness leave,
eligible employees will be approved to receive Workers' Compensation benefits. Each employee
shall be authorized upon their written request to utilize any balance of their accumulated sick
leave, vacation, holiday and compensatory time credit to augment the amount of temporary
disability they receive,to the extent the total sum received will result in a payment equal to their
normal compensation. The utilization of sick leave for this purpose shall end with the
termination of the temporary disability or when the accumulated sick leave credits have been
exhausted,whichever occurs first.
When employees sustain what they believe to hem an industrial injury or illness, they shall
request an "Employee Claim for Workers' Compensation Benefits" form from the supervisor.
The supervisor is required to give the employees this form within one (1) working day of the
City being notified of the injury. Supervisors will log date and time employees were given form
on Supervisor's Report of Injury. Employees must return Employees' Claim form to supervisor
to begin the process for filing an industrial injury. In the event the employee is unable to prepare
the form due to hospitalization, serious illness or injury, the supervisor or a member of the
department/division staff shall prepare the required report.
The employee has the right to be examined and treated by a physician of his/her choice,
within the required time, of the alleged injury or illness, as required by the California Labor
Code.
The City shall have the right to require the employee be examined by a physician designated
by the City;to assist in determining the length of time during which the employee will be unable
to perform the assigned duties, and if the disability is attributable to the"injury involved."
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Mid-Management MOU
Should there be a dispute between the physician selected by the employee and the physician
selected by the City, a third physician shall be mutually agreed upon between the employee and
the City to examine the employee, to assist in making necessary medical determinations.
If an employee is receiving disability payments, the person shall be entitled to use only as
much sick leave or vacation as when added to the disability payments will provide for a full
day's pay.
Section 6—Leave of Absence Without Pay
Leave of absence without pay is a temporary, nonpay status and absence from duty granted at
the request of the employee. Leave of absence without pay may be granted by the City
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 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
leaste one (1) of the following benefits will result: increased job ability, protection or
improvement of the employee's health, retention of a desirable employee or furtherance of a
program of interest to the City. Examples or conditions for which leave of absence without pay
may be granted are:
A. For an employee who is a disabled veteran requiring medical treatment.
B. For an employee who is temporarily mentally or physically unable to perform his/her
duties.
C. For an employee who files for or assumes elected office.
D. For maternity or paternity leave, upon the recommendation of the attending physician.
E. For military leave when the employee has less than one (1) year of service to qualify for
leave with pay.
An approved leave of absence without pay for less than sixty(60) days in any calendar year
will not be considered a break in service. Leave in excess of sixty (60) days shall result in the
advancement of the employee's anniversary date and compensation advancement date to such
date as will account for the total period of uncompensated time off. Failure to return to duty at
the expiration of the approved leave of absence without pay shall constitute an automatic
resignation.
The City's contribution towards an employee's health and life insurance premiums will not
be extended beyond the last day of the month in which a leave of absence without pay begins if
the leave of absence without pay becomes effective during the first fifteen(15) days of the
month, nor beyond the last day of the next succeeding month if the leave of absence without pay
24
Mid-Management MOU
becomes effective after the fifteenth day of the month, unless the employee is returned to work
from leave of absence without pay status prior to the date*&the City's contribution would be
discontinued. In the event the employee desires to maintain full health and life insurance
coverage while on leave of absence without pay status, he/she may arrange to pay the insurance
premiums for the coverage desired (both employee and the employer portions). It is the
responsibility of the employee to contact the Human Resources Department in this regard. The
payment of the amount of the premiums must be made to the City prior to the date,which the
City's participation will terminate. Payments must be made directly monthly thereafter to the
insurance carrier until the employee either returns to work or his/her employment with the City is
terminated.
Upon an employee's return to work, the City's contribution towards the employee's health
and life insurance premiums will begin on the first day of the month following the end of the
leave of absence without pay if that leave of absence without pay terminates between the first
and the fifteenth days of the month, or on the first day of the next succeeding month if the leave
of absence without pay terminates after the fifteenth day of the month.
Notwithstanding any other provisions 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 out of and in the course of his/her 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 of the Acts.
Section 7—Witness Leave
Whenever a unit employee is duly summoned to appear as a witness, except where the
employee is a litigant or defendant in a criminal case or any action brought about as a result of
his or her own misconduct, he or she shall receive regular compensation for any regularly
scheduled working hours spent in actual performance of such service for non-work-related
matter.
Section 8 - Blood Donations
Employees in regular positions, who donate blood in the interest of the City without
receiving compensation for such donation, may have the required time off with pay with the
prior approval of the immediate supervisor for each such donation. This benefit shall not be
charged to any accumulated leave; provided, however, if the employee is unable to work after
such donation, time may be charged to accumulated sick leave or be taken as leave without pay.
Evidence of each donation must be presented to the appointing authority to receive this benefit.
Section 9—Catastrophic Leave
Upon request of an employee who is experiencing catastrophic illness, and upon approval of
the Department Head, leave credits (vacation or floating holidays) may be transferred from one
or more employees to the affected employee, under the following conditions:
25
Mid-Management MOU
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 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, signed by
the donating employee, approved by the Department Head and verified by the Finance
Department. Procedures shall be as approved by the City
F. An appeal will be considered on a separate basis, if denied.
Section 10—Sick Leave Sell Back
Sick Leave Sell Back: Effective January 1, 2003, 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 one hundred sixty (160) hours in their hisi'her leave
account after the sell back to be eligible.
Employees must complete a sell back form, which must include the Department Head's
signature. Forms must be submitted to the Finance Department on or before February 15th each
year.
Payment for sick leave sell back will be paid (using current Council approved salary rates in
the salary resolution) on the employees March 31" 3-0th payroll check.
Seetion 1i---Avv*m*Iated Leave Conversion Plan (AL-P4
The City v,411 pr-ovide an Ac-c-unialated Leave ConveFsiefi Planwhich ,N-ill allow eiiaple�-ees
1111— .1—effient to eantfibute anused siek leave. vacation. holiday. and eompensatof:y time to an
inier-nal Reventie Code Section 101(a4 Delified Befiefit PI-an. All f&--e-q assoeiated with such Vlafl
will be paid by plan par-ticipaHts. Efnp!O�'eeS MUSt eORIFibHte a Milli fflUm of$5.000 of thei
aeeumulated leave benefits to be eligible to partieipate in the ALP.
,Section I 1 — Po,,t Employment Health Plan (PEHP)
The Cite a,rees to participate in the Post Employment Health Plan (PEHP) in
accordance i ith the terms and conditions of the Plan's Participation A(_Treement .
Section 12—Jury Duty
26
Mid-Management MOU
Every unit employee 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. The City will pay for up to fifteen (15) working days in a calendar year
of a covered employee who is required to serve jury duty.
ARTICLE VI—WORKING CONDITIONS
Section I —Working Conditions
A. City 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
management.
2. 9/80 Work Schedule: The 9/80 work schedule shall consist of eight- (80) work hours
in a two- (2) week period consisting of eight (8y, nine (9)hour workdays. and one (I Y, 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(4y ten(10)hour work days, exclusive of any meal periods assigned by
management.
The primary work schedule will continue to be the 9/80 work schedule, as defined above,
unless changed by action of the Mayor and Common Council when it reconsiders extension of
the 9/80 schedule.
Work schedules shall be posted on all department bulletin boards showing the
employee's 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 a two (2) week notice of any proposed
changes in scheduled work shifts prior to implementation. If the Union wishes to consult with
management regarding the proposed changes, it shall notify the City within seven (7) calendar
days from receipt of notice. Upon notification by the Union, both parties shall meet promptly in
an earnest effort to reach a mutually satisfactory resolution of any problems arising as a result of
the proposed changes. Work schedule changes resulting from an emergency situation or
circumstances which disrupt normal City operations as determined by the Department Head are
not bound by the two (2) week notice requirement.
Section 2 —Physical Examinations
27
Mid-Management MOU
The City shall pay medical fees for the physical examination of any permanent member when
such examination is required and directed by the City after employment. The City may arrange
with a physician or medical group for such examination; or, if the situation warrants, the City
may authorize an employee to be examined by a doctor of his/her choice. In the event an
employee is authorized to be examined by a doctor of his/her choice, reimbursement shall be
made by the City for the cost thereof provided, however,that the amount of the reimbursement
shall not exceed the cost the City would have paid to its contract physician or medical group.
Physical exams taken by a Middle-Management employee on a voluntary basis are not
reimbursable by the City. However, if a Department Head requires a Middle-Management
employee to maintain a Class A or Class B driver's license, such license exams as required will
be scheduled with the City's contracting physician at no cost to the Middle-Management
employee.
Section 3—Drug and Alcohol Testing
In addition to employees already covered under the Department of Transportation (DOT) for
drug and alcohol testing, all Middle-Management employees will participate in 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
Drivers' Licenses.
If a supervisor has a reasonable suspicion that an employee has been abusing drugs or
alcohol, that supervisor will immediately notify his/her immediate supervisor of these suspicions
and document the observations on a reasonable suspicion checklist.
The conduct of the employee must be witnessed by a supervisor who has received training
consisting of at least 1-1/2 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 upon hearsay.
Section 4—Seniority
Department Heads will consider seniority in authorizing vacations and scheduling shift
assignments and transfers. Seniority shall prevail when all the factors are not significantly
different. "All factors" is defined as special qualifications, skills, work performance as well as
attendance and safety. An employee shall not attain seniority until the completion of a
probationary period.
Section 5—Probationary Period
Employees in the Middle-Management unit shall have a probationary period of one (1)year.
After successfully completing same, the seniority date shall be from the last date of hire within
the department, division or section. All employees shall serve twelve (12) months in the step in
which they were first hired, before becoming eligible for a step increase to the next step.
28
Mid-Management MOU
ARTICLE VII, GENERAL PROVISIONS
Section 1 —Waiver Clause
The parties acknowledge that during the meet and confer process which resulted in this MOU
each had the unlimited right and opportunity to make demands and proposals with respect to any
subject or matter not removed by law, City Charter, Ordinance, Resolution, Personnel and
departmental rules and regulations from the scope of negotiable issues and that the understanding
arrived at by the parties after the exercise of that right and opportunity are set forth herein.
Therefore, the City and the Union, for the life of this MOU,each voluntarily and without
qualification waives the right, each agrees that the other shall not be obligated;to meet and
confer with respect to any subject or matter referred to;or covered in this MOU.
Section 2—Severability
It is understood and agreed that this MOU is subject to all current and future applicable
federal and state laws and regulations and the current provisions of the Charter, Ordinances,
Resolutions and other rules and regulations of the City of San Bernardino. If any part or
provision of this MOU is in conflict or inconsistent with such applicable provisions of those
federal, state or City enactments, or it is otherwise held to be invalid or unenforceable by any
court of competent jurisdiction, such part or provisions shall be suspended and superseded by
such applicable law or regulations, and the remainder of this MOU shall not be affected thereby.
The parties hereto agree to refrain from initiating any action that would invalidate any part of the
MOU.
Section 3—Printing of Memorandum of Understanding
The City and the Union will share the cost of the printing of the MOU as follows: The Union
agrees to pay for the cost of the copies to be distributed to its unit members.
Section 4—Term of Memorandum of Understanding
This MOU will run for the period starting July 1, 20064 through June 30, 20096.
If negotiations regarding an MOU are in progress at the time the current MOU expires, or if
the parties are at impasse, the current MOU shall remain in effect until a successor MOU is
adopted by the Mayor and Common Council.
Section 5—Notice of Intent to Reopen
The parties agree that if either party desires to propose changes in the terms or conditions of
this MOU for the period following expiration of this MOU, notice shall be given to the other not
later than the last working day of February 20096, that such discussions are desired. Such notice.
shall request a meeting to begin negotiations and establish ground rules which shall include,at a
minimum,the date beyond which no further proposals may be submitted by either party.
Section 6—New Employee Information
29
Mid-Management MOU
Once per month, the Human Resources Department will furnish the Union with information
on new Middle-Management Unit employees, excluding their home addresses. Data will include
employee 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.
30
Mid-Management MOU
. MIDDLE-MANAGEMENT EMPLOYEES'
MEMORANDUM OF UNDERSTANDING
20004-20096
Executed this day of , 2007 .
Mayor San Bernardino Public
City of San Bernardino Employees' Association (SBPEA)
ATTEST:.
City Clerk
Approved as to form:
+aue��sttErPennmn
ey
31
Mid-Management MOU
INDEX
Subject Page
Access to Personnel Records.................................................................................................9-14
.Ted Leave Tersion Plan t:A.L D 1 ..............................
ActingPay............................................................................................................................104-?
AgencyPersonnel Rules....................................................................................................... 46
Blood Donations
BulletinBoards......................................................................................................................944
CatastrophicLeave...............................................................................................................25?-7
Classification..........................................................................................................................9-1--}-
ContractServices................................................................................................................... �-7
Definitionof Terms..................................................................................................................3a
Drug and Alcohol Testing28?4
Employee Court Subpoena
EmployeeRights....................................................................................................................844
Fines.....................................................................................................................................134-5-
GrievanceProcedure............................................................................................................. 69
Health/Life Insurance...........................................................................................................144-6
Holidays...............................................................................................................................19?4-
Injury Leave
JuryDuty.......:......................................................................................................................26?�
Labor-Management Committee............................................................................................ 5-7
Leave of Absence Without Pay............................................................................................2-1?3
ManagementRights.................................................................................................................46
New Employee Information.................................................................................................293-1-
NoStrike............................................................................................................................... ;7
Non-Discrimination
Noticeof Intent to Reopen...................................................................................................293-k
Overtime ..............................................................................................................................1 14-3
Paymentfor Unused Sick Leave..........................................................................................23?-I
PayrollDeduction................................................................................................................. 6$
Personal Tool Allowance.....................................................................................................1 14-6
PERS ...................................................................................................................................114
PhysicalExaminations.........................................................................................................272-4
Post EmpAn ment Health Plan..............................................................................................20
Printing of Memorandum of Understanding........................................................................293 f
ProbationaryPeriod .............................................................................................................2838
Recognition........................................................................................................................... ..
c -3
Seniority...............................................................................................................................2)mil
Severability..........................................................................................................................2938
ShiftDifferential..................................................................................................................104-2
SickLeave Sell Back...........................................................................................................2629
SickLeave............................................................................................................................212
Special Certification Pay......................................................................................................1343
Term of Memorandum of Understanding............................................................................2934
32
Mid-Management MOU
Subiect Page
TuitionRcinibursement.........................................................................................................1()
Uniforms..............................................................................................................................1;4-7
Vacation...............................................................................................................................18?A
WageDifferential.................................................................................................................1 14-31
Wages...................................................................................................................................10-1
WaiverClause......................................................................................................................28_. 1
WitnessLeave......................................................................................................................2527
WorkingConditions.............................................................................................................2?38
33
Mid-Management MOU
COPY
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING A SIDE LETTER TO RESOLUTION NO. 2005-75,
3 AMENDING ARTICLE III,COMPENSATION,SECTION 2,PERS;ARTICLE IV,FRINGE
BENEFITS, SECTION 2, HEALTHILIFE INSURANCE; AND ARTICLE VII, GENERAL
4 PROVISIONS, SECTION 4, TERM OF MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE GENERAL
5 UNIT REPRESENTED BY THE SAN BERNARDINO PUBLIC EMPLOYEES'
ASSOCIATION.
6
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
8
9 SECTION 1. The Mayor of the City of San Bernardino and the Director of Human
to Resources are hereby authorized and directed to execute on behalf of said City a Side Letter to
11 Resolution No. 2005-75, amending Article III, Compensation, Section 2,PERS; Article IV,Fringe
12 Benefits, Section 1,Health/Life Insurance; and Article VII, General Provisions, Section 4, Term of
13 Memorandum of Understanding,a copy of which amendments are attached hereto and incorporated
14 herein as Exhibit "A."
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SDE/ed/Resolutions[PERS.SideLtr.MidMgt.ClassStudy.reso] ]
.�- 1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING A SIDE LETTER TO RESOLUTION NO. 2005-75,
3 AMENDING ARTICLE III,COMPENSATION,SECTION 2,PERS;ARTICLE IV,FRINGE
BENEFITS, SECTION 2, HEALTHILIFE INSURANCE; AND ARTICLE VII, GENERAL
4 PROVISIONS, SECTION 4, TERM OF MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE GENERAL
s UNIT REPRESENTED BY THE SAN BERNARDINO PUBLIC EMPLOYEES'
ASSOCIATION.
6
7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
8 Common Council of the City of San Bernardino at a meeting thereof, held on
9 day of , 2007, by the following vote, to wit:
to Council Members: AYES NAYS ABSTAIN ABSENT
11 ESTRADA
12 BAXTER
13 BRINKER
14 DERRY
is KELLEY
16 JOHNSON
17 MCCAMMACK
18
19 Rachel G. Clark, City Clerk
20 The foregoing resolution is hereby approved this day of , 2007.
21
22 Patrick J. Morris, Mayor
City of San Bernardino
23
Approved as to form:
24
25 JAMES F. PENMAN,
City Attorney
26
A- 27 By:
28
SDE/ed/Resolutions[PERS.SideLtr.MidMgt.ClassStudy.reso] 2
EXHIBIT A
GENERAL UNIT
SIDE LETTER AGREEMENT NO. 2
The following sets forth the Side Letter to Resolution No. 2005-75 for full-time, regular, General
Unit Employees. The term of this side letter shall be from January 1, 2008 through December 31,
2009.
A. ARTICLE III COMPENSATION, SECTION 2, PERS
Effective 1/1/08 the City shall provide a Retirement Enhancement Program to equal 2.7%
@ 55 in lieu of a COLA with all employee and employer costs paid by the City.
B. ARTICLE IV FRINGE BENEFITS SECTION 1 Health/Life Insurance
Effective January 1, 2008, the City will contribute an additional $50/per month towards
Employee Plus One or More Dependents ($559) and an additional $50/per month towards
Employees with No Dependents ($409).
Effective January 1, 2009, the City will contribute an additional $50/per month towards
Employee Plus One or More Dependents ($609), and an additional $50/per month
towards Employees with No Dependents ($459).
C. ARTICLE VII GENERAL PROVISIONS, SECTION 4, Term of Memorandum of
Understanding
The contract period will be extended for the period January ry 1 2008 through December
31, 2009.
D. Implementation of the Classification and Compensation Study for General Unit
employees as previously approved by the Mayor and Common Council on April 20, 2005
(Resolution 2005-90).
DATE: ATTEST:
City Clerk
FOR THE CITY: REPRESENTATIVES OF:
GENERAL UNIT EMPLOYEES
Patrick J. Morris, Mayor San Bernardino Public Employees'
City of San Bernardino Association (SBPEA)
LINN LIVINGSTON
Director of Human Resources
HR/Agenda Items:Side.Ltr.Gen.U.MOU.2007
COPY
i
+� I I RESOLUTION NO.
2
RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT
AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALIN
3 RESOLUTION NO.2005-242.
4 WHEREAS, it is necessary to codify the compensation and benefits granted to management an
5 confidential employees;
NOW THEREFORE,BE IT RESOLVED THAT:
6 SECTION 1. The Mayor and Common Council hereby establish a Management and Confidential Employe
7 Compensation and Benefits Plan which defines the wages and benefits of those employees whose positions are
part of the Management/Confidential Group and are represented by the San Bernardino Management/Confidential
8 Association(Association).
9 SECTION 2. The Management/Confidential Employee Compensation and Benefits Plan (Plan) shall be as
follows:
10 A. Classifications
11 All Classifications listed in Resolution 6413, Sections Twelve and Fourteen, shall be covered by
this Plan. Resolution 6413, Sections Twelve and Fourteen, attached, lists those classifications as of the adoption o
12 this resolution.
13 B. Compensation
1. Safety Classifications shall have their salaries determined in accordance with Charter
14 Section 186.
15 ?• Non-Safety Classification StudN
a. The Citv shall conduct a sahi-N surN e-, of Manaaentent/Confidential Group
16
benchmark classifications to he completed on or about 9'01'07. The City N01 use a dated 'oh descriptions to
17 determine com ra'able ositions in fine similar size cities in our surrounding labor market The Cit% �%il
determine the henchmark positions to he sur�eNed. Salart le%els for non-benchmark classifications dill be
18
established using, internal relationship -Tuidelines amowi related job classes. Classifications %%ith salaries
19 hclol� the surNe% median shall be increased as foiloN%s:
0— belml median.corresponding sahu-N increase-on or about 9%1'07
20
-- 10 11,4, hebm median correspondin;salarN increase- on or about 7'Ii118
21 10— 1;`o heloN% median corresponding_ s,AarN increase-on or about 7/1119
1-5°'„- 211°v, below fnedian,correspondln!_�salal'N Increase- oll or about "/1;'10
22
�0 cap on saht-N increases
23 In no eNent shall am increase he greater than "-„ in an% fiscal Near.
24 The follow big Cities are to he used for the classification study:
Rk erside
25 'Moreno Vallev
Fontana
1 Management/Confidential
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMEN
AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALIN
"w 2 RESOLUTION NO.2005-242.
3 011tario
Pomona
4
knd mix other entiti agreed to hN the parties.
5 b, sot«ithstanding the prop kions set forth in section (2a) above, file
6 im lementation of the ro)osed median solar) su►•tei ntaN he postpolled h% one fiscal Near commeneing lilt
next fiscal Near. if am of the folloNN in_occur:
7 i. The Cih*,;act im I General Fund expenditures and reNenues being budgeted
8 create a substantial financial anomah ac outlined beho\:
1. t i funded state mandates that create a substantial financial anomah:
9 2. Voter appro%ed changes to the City's Charter that create a substantial
10 financial anomah:
3. Litigation that N%ould create a substantial financial anomalc:
11 4. Federal,State,or Comm fees andior take-auvaNs that create a
12 substantial fit mcial momah:
Natural disaster or other catastrophic eNent oN er %�hich the Cite has
13 little or no control,e.g.,economic recession andior depression, terrorist attach. act of%sar. Mich creates a
14 substantial financial anomah:
ii. If the Cih's Budget RewrN e mast he used to balance the C►h's hudget
15
because of a substantial financial anomah (including staffing required h% this Resolution causing the Citri'.
16 Budget Reser•ce to fall belo%� 5%/ of the total General Fttnd deductions.
C. In the event of a postponement. the implementation schedule set forth in Section
17
A.Subsection I.shall mope forsiard a period of time equal to the period of such postponement.
18 2. A five .
b
19
I "%, .,
effective anua � _1 006.+ saga.-. inereases would be based oo merit.
b
20 %) Cost of Lii ing, Adjustmerit (COLA) A*11 he gk eFi. Effective juh, 1, 2006, a eile
21 pereent (!",4,) COLA will be given. These COLA's N,.ill Fesult in tile entire pay seal ord by th
b
22 For non safety classifications,.___t
agrees
n}/�
23 _ • c,«��onfidenfial classifications. The City foriber agFee.S
that the shi& A ill he eompleted on oi-about September 1,2007.
24 3. Annually,all non-safety management and confidential employees who have not yet
25 reached top step,may receive an increase ranging from zero percent(0%)to five percent(5%),based upon
performance evaluations completed within the previous evaluation period.The evaluation period is six(6)months
2 Management/Confidential
I RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT
AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING
RESOLUTION NO.2005-242.
3 for employees initially hired at Step 1,and twelve months between all other steps.
4 4. Elected officials, the Civil Service, Library and Water Boards may determine whether or
not to conduct performance evaluations in writing. In the absence of a written performance evaluation, elected
5 officials,the Civil Service,Library and Water Boards may give Step increases not to exceed five percent(5%).
6 5. All other management and confidential employees shall be evaluated in writing.
a. Evaluation of department heads and heads of divisions within the City
7 'N1anageCs Office will be performed by the CitN AdfninistratorCitN Nlanager
8 the Nla ro
b. Evaluation of other management/confidential employees, will be performed b
9 I the department or division head. In the case of divisions within the Giv, 4tl1fliHiStFaterCitN Nlanager's Office, the
10 division head will perform the evaluation of the management/confidential employees in that division and may be
reviewed by the Cit, 'd° ;11*StF0t0FCit% Mama ier. Evaluation forms for these employees will be provided by the
I 1 Human Resources Department.
12 6. Recommendations for increases shall be submitted to payroll on a form provided b
Finance at least thirty(30)days prior to the expiration of the evaluation period.
13 a. Recommendations for salary advancement of a department or division head
14 within the C 4-. _ Cite llana�er's Office, shall be submitted by the E=it. AdministFa Cih
Mama(-Ter.
15
b. Recommendations for salary advancement of the Civil Service Chief Examine
16 shall be submitted by the Civil Service Board.
C. Recommendations for salary advancement of the City Librarian shall be
17
submitted by the Library Board.
18 d. Recommendations for salary advancement of employees of elected officials
19 with the exception of the Council Office,shall be approved and submitted by the Elected Official.
e. Recommendations for salary advancement within the Council Office shall be
20 submitted by the Council Committee.
21 f. Recommendations for advancement of all other management/confdentia
employees shall be submitted by their respective department heads.
22 C. Insurance(Medical, Dental,&Vision)
23 EffectiNe .lanuarN 1. 2006 the Cite shall contribute a maximum of 5910.7= per n►onth for
each en►ploxee to be used to purchase Cih-sponsored medical. dental. A ision.anti life insurance.
24 Effective ,lanuarN I. 2008 montl►ts contributions N%ill he calculated at 10'%, abo%e the highest )"d
25 1�`►►"`►utim* T*rou 3 contrihution amount to be used to purclwsc Cite-sponsored medical dental. vision. and life
4n.Ur<Ilice.
3 Management/Confidential
I RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT
AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALIN
RESOLUTION NO.2005-242.
3 D. Retired Employees Medical Insurance
4 1. Regular,full-time Management,Confidential and Unclassified employees who are
enrolled as a subscriber in a City of San Bernardino sponsored health plan at the time of retirement from City of San
5 Bernardino service,shall be eligible to participate in any City of San Bernardino sponsored qualified health plan as
6 retiree providing he/she maintains continuous membership in good standing. Qualifying retirees will receive a
monthly City contribution equal to the current PERS adopted schedule amount per retired employee to be used
7 exclusively for the purchase of medical insurance in any City of San Bernardino sponsored plan.
8 2. Any Police Safety Management employee who retires on or after July 1,2007 from
the City of San Bernardino and who meets the requirements set forth in Section 2(D)(1)for participation in a City
9 of San Bernardino sponsored qualified health plan as a retiree,shall receive from the City of San
10 Bernardino certain employer contributions to such qualified health plan as set forth in Section 2(D)(1)if,upon
retirement,the employee meets all the following conditions:
11 a. The employee must have completed at least twenty(20)years of full-time
12 service as a City of San Bernardino sworn Police Officer on the date of retirement,and
b. The employee must have been awarded a retirement from the Public
13 Employees' Retirement System(PERS)as the reason for separation from City of San Bernardino service,and
14 c. PERS retirement benefits must commence no later than the first day of the
month following the date of separation from City of San Bernardino service.
15 If all conditions set forth in Section 2(D)(2)above are met by the retiring Police Safety Management
16 employee,such employee shall receive employer contributions to a City of San Bernardino sponsored qualified
health plan based upon his/her years of service with the City of San Bernardino as follows:
17
City of San Bernardino Years of Service
18 As a Sworn Police Officer Monthly Contribution
20 $200
19 25 $350
20 30 $450
The above-referenced contribution amounts shall be paid directly to a City of San Bernardino sponsored qualified
21 health plan for the benefit of the Police Safety Management retired employee,with any and all amounts not utilized
22 for the purchase of such health plan reverting back to the City of San Bernardino.
E. Long-Term Disability Insurance
23 The City shall provide long term disability insurance for employees. Subject to the usua
24 provisions and exclusions of such insurance plans, the coverage shall be for sixty percent (60%) of salary after
sixty(60)calendar day elimination period,for a maximum period of two years. An employee shall not be required t
25 exhaust his or her sick leave to receive benefits.
4 Management/Confidential
I RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT
AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING
2 RESOLUTION NO.2005-242.
3 F. Life and Accidental Death&Dismemberment(AD&D)Insurance
4 The City shall provide Term Life and Accidental Death and Dismemberment Insurance of fifty
thousand dollars($50,000)for Management employees and twenty-five thousand dollars ($25,000)for Confidential
5 employees.
6 G. Department Head Allowance
A Department Head is entitled to an allowance of fifty dollars($50)per month to cover various
7 work-related expenses. The allowance shall not accumulate from month to month. Sums provided hereunder shall be
8 ( on a reimbursement basis under a system to be developed by the ff»+flisi aie+CitN NLmager.
H. Uniform Allowance
9 Police
10 1. Once each fiscal year,each Police Safety Management member shall receive an annual
uniform allowance of six hundred dollars($600)to be paid in a lump sum amount during the first pay period of
II March.
12 Effective March 15,2006,each Police Safety Management member shall receive an annual uniform
allowance of$800 to be paid in a lump sum. Police Safety Management members who already received the$600
13 uniform allowance on March 15,2006,will receive the additional balance of$200 to be paid on or before November
14 30,2006.
Effective March 15,2007,each Police Safety Management member shall receive an annual uniform
15 allowance of$875 to be paid in a lump sum.
16 Effective March 15, 2008, each Police Safety Management member shall receive an annual uniforrn
allowance of$950 to be paid in a lump sum.
17
Fire
18 1. The City shall furnish and replace as needed the following items:
Four(4)work shirts;
19
Three(3)pairs of work trousers;
20 Safety boots or shoes.
1. PERS
21
Non-Safety Employees:
22 1. -
-o,
23
- yea!-s of o n) additioiial of !he nieiiibeFs
°f ser ice. EffectiN e.luh 1. .00"' the Cite Shall aN the full _"-:�� mein hers' eootribution for all em lorees in the
25 "
�roi1p in reg:u•d to the 2°0 :d 55 retirement benefit. Effectiv e,IaouarN I, '_008 the C itc shall
ICY
5 Management/Confidential
i
I RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT
AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING
2 RESOLUTION NO.2005-242.
3 paN the full 8"i, (if the number,' contribution for all em plolees in the group in regard to the 10X, 'cr
retirement henefit.
4
2. T6-r�rc- it`:-shall '4
5 with #e-C+ti-pati4igg the Effecti%e Januan 1. 2008 the Cite shall vro%ide the
it 55 PERS retirement. all costs for procidin(_1 .uch retirement henefit shall be paid hN the Cite.
6
3. The City has amended the PERS contract to allow employees to buy back previous
7 eligible time,tax deferred,after the employee contacts PERS and obtains their approval.
8 4. The City has contracted with PERS to provide Section 21574, Fourth Level of 195
Survivor �Benefits. All associated costs of this benefit will be borne by the employee.
9 Safety Employees:
10 1. As of December 31, 1999, the City will pay the nine percent(9%)employee contribution
I 1 to PERS for safety employees.
2. The City agrees to pay the employer contribution for the 4th level of 1959 Ssurvivor'
12 benefit for fire management employees.
13 3. The City shall provide the 3% @ 55 retirement benefit formula for fire and police
management employees.
14 4. EffectiNe December 31. 2008 the Cite i%ill amend the PERS contract to im dement
15 the 3'!4, ii 50 formula.
4-5. The City adopted Resolution No. 2000-351 with an implementation date of January 1
16 2000, for paying and reporting the value of the Employer Paid Member Contribution (EPMC) under the guideline
17 of Government Code Section 20636(, )(4) pursuant to Section 20691. The City will report the nine percent (9%
Employee Contribution as Special Compensation under the current PERS laws.
18 For purposes of determining overtime compensation and other salary payments, including
19 but not limited to, payoff sick leave, vacation accruals, holiday accruals and comp time balances, the
aforementioned nine percent(9%)base salary increase shall not be considered.
20 6. The City shall provide a tax-qualified defined benefit plan to provide supplemental retirement
21 benefits based on the difference between Cal-PERS' 3% @ 55 Plan and 3% @ 50 Plan for Police Safety
Management employees with 20 or more years of service. This agreement shall be in effect until December 31
22
2005. Until that time, the costs associated with this plan will be paid by the City. Police Safety Managemen
23 employees' share of ongoing costs after December 31,2005 will be subject to future discussions.
24 To qualify for supplemental retirement benefits based on the difference between CaIPERS
3%@ 55 Plan and 3%@ 50 Plan,employees must meet all of the following qualifications between
25 January 1,2004 and prior to December 31,2005. On July 5,2005,this benefit was extended for the period effective
January 1,2006,and prior to December 31,2008:-
6 Management/Confidential
I RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT
AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING
2 RESOLUTION NO.2005-242.
3 a. Must be 50 years of age;
b. Have 20 or more years of service with the City of San Bernardino; and
4
c. Be eligible for retirement and concurrently retire with PERS;or
5 I d. Meets the eligibility requirements for an industrial disability retirement with the Ci
6 of San Bernardino.
When retiring,employees must retire from the City of San Bernardino.
7 I 16. FLSA Issues: If the City agrees to implement the 3% @ 50 PERS Retirement Benefi
8 during the term of this side letter,the Police Safety Management members agree to recognize their status as Exemp
employees and as such agree to waive any and all claims,past and future,regarding this issue.
9 J. Education Incentive Pay
10 All Safety Management members shall be entitled to receive,in addition to their regular salary and
as may be appropriate,one of the levels of incentive payment as outlined below:
11 Fire
12 1. All Fire Safety members who obtain a State Fire Officer Certification shall receive an
additional one hundred fifty dollars($150)per month above base salary;or,
13 I -? All Fire Safety members who obtain a State Chief Officer Certification or completion o
14 the National Fire Academy Executive Fire Officer Program shall receive an additional two
hundred fifty dollars($250)per month above base salary.
15 Police
16 1. All Police Safety members who obtain a POST Intermediate Certificate shall receive two
hundred dollars($200)additional compensation per month;
17
2. All Police Safety members who obtain a POST Advanced Certificate shall receive two
18 hundred fifty dollars($250)additional compensation per month;
3. All Police Safety members who obtain a POST Supervisory Certificate shall received tw
19
hundred seventy-five dollars($275)additional compensation per month:shall he Paid "h-nleflibe
20 4. All Police Safety members who obtain a POST Management Certificate shall receive fou
21 hundred fifty dollars($450)additional compensation per month.
K. Overtime
22 Employees will receive overtime compensation in accordance with the Fair Labor Standards Ac
23 (FLSA).
L. Administrative Leave
24 All forty (40) hour/week FLSA exempt employees in lieu of monetary compensation shall be
25 assigned eighty (80) hours of Administrative Leave and shift FLSA exempt employees shall be assigned on
hundred twenty(120)hours of such leave each July 1.Administrative Leave shall not be carried beyond the end of
7 Management/Confidential
i
I RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT
AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING
2 RESOLUTION NO.2005-242.
3 any fiscal year and shall not be paid for at any time.
M. Acting Pay
4
1. The Mayor may assign an employee to discharge the duties of a higher classification for
5 additional compensation as provided herein, in the event of a vacancy or during the temporary absence of an
6 employee.
2. An employee assigned to acting duty in writing by the Mayor shall receive acting duty
7 pay as follows:
8 a. Non-safety employees, acting in a higher position, below the level o
Department/Division Head,shall receive acting duty pay on the sixth consecutive work day of each acting duty
9 assignment.No acting duty pay will be paid for the first five work days of each acting duty assignment except for an
10 employee who has served a twenty day demonstration period during the previous twenty-four (24) months, as
recorded in the employee's official personnel and/or Civil Service record.The entire period of the acting duty
11 I assignment at the higher classification, including the initial work demonstration period, may not exceed sixty (60
12 working days except by the mutual agreement of the Mayor and Common Council and the employee.
b. Non-safety employees acting as Department Head or Division Head shall be
13 eligible for acting duty pay on the first work day of each such assignment.
14 C. Safety employees'acting duty pay shall be governed by Charter Section 186.
23. Acting pay for non-safety employees shall be the first step of the salary range for the
15 actin g Po sition next above the employee's regular salary,which would provide the acting employee at least a five
16 percent(5%)salary increase.
4. Upon any subsequent service of a non-safety employee who completed a prior actin
17
duty assignment in the same higher acting position, compensation at the higher rate shall commence upon the furs
18 date of such subsequent service.
5. It is not the intent of this subsection to provide such compensation for vacation relief of
19
for limited,short-term absences.
20 N. Annual Physical Exam
21 An annual physical examination is available for all participants. The City shall pay for medics
fees for the physical examination of said employees. Reimbursement to the employee for the examination shall no
22 exceed one hundred seventy-five dollars($175).
23 O. Deferred Compensation
The City shall execute an agreement with a carrier to provide a deferred compensation plan for all
24 participants provided the Association concurs with the selection of the carrier and the plan.
25 P. Employee Assistance Program
All participants shall be able to receive counseling in problem-solving personal and emotional
8 Management/Confidential
I RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT
AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING
2 RESOLUTION NO.2005-242.
3 matters through the City's Employee Assistance Program(EAP).
4 Q. Vacation Leave
I. All Participants Shall Accrue: Ten (10) days of paid vacation upon the first day of the
5
second year of continuous full-time employment with the City of San Bernardino. Thereafter, vacation shall accrue
6 each pay period prorated according to the number of days or shifts per year in the following chart:
7 40 Hr/Week 56 Hr/Week
Completed Years of Employee Days Employee Shifts
8 Continuous Service Per Year Per Year
1 10 5
9 5 15 7-'/2
15 20 10
10
20 25 12-''/2
11 *No vacation shall be granted if service is less than one(1)year.
2. Vacation credits may accrue and accumulate for a maximum of two (2) years' tota
12
accumulated vacation credits on a carry over basis from year to year. Vacations or portions thereof from any on
13 year so accrued may run consecutively with vacations or portions thereof of the next succeeding year.
14 3. In the event an employee works less than fifty percent (50%) of the total normal work
hours in a pay period, he/she shall not be credited with any vacation leave for such pay period. Approved vacation
15 sick,holiday,and Aadministrative Lleave shall be considered as time worked for this item only.
16 4. When an employee resigns or otherwise leaves the service of the City, payment shall be
made to the employee for the earned portion of his-her vacation on the basis of the hourly rate of pay being receive
17 by the employee on the date of separation.
18 Police
5. Police Safety Management members may sell back up to forty (40) hours of vacation
19 time per year providing that the following conditions have been met:
20 a. Police Safety Management members must have a minimum of one hundred
"ent% (120)hours in their vacation balance before sell back occurs.
21 b. Police Safety Management members must have taken a one-consecutive (1
22 week vacation during the past calendar year prior to the sell back of hours.
C. Eligible Police Safety Management members shall notify the Finance
23 Department by August 1 of his/her request to sell back for the prior fiscal year ending June 30.
24 d. The City shall compensate eligible Police Safety Management members on the
first payday in September.Compensation will be calculated using the June 30'b hourly rate.
25
9 Management/Confrdentia!
I RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT
AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING
2 RESOLUTION NO.2005-242.
3 R. Tuition Costs
4 All participants shall be reimbursed for selected tuition costs and textbooks for previous)
approved job related courses,which will increase the value of the employee to the City,provided that the employee
5
achieves a passing grade of"B" or better. The amount of reimbursement shall be the equivalent of tuition costs for
6 up to six (6) units per quarter as charged by Cal State University, San Bernardino, or up to one-and-a-half(1-1/2
times that amount if based on a semester.
7
S. Sick Leave
8 All participants shall be granted six (6) working days of sick leave or a half('/z) shift for shifi
employees after six(6)calendar months of continuous service. Thereafter, sick leave as herein provided shall accru
9
at a rate of eight(8)hours per month, four(4)hours per pay period or a half('/z) shift per month for approximate)
10 six (6.0) hours per pay period for shift employees. In the event an employee works less than fifty percent(50%) o
the total normal work hours in the pay period,he/she shall not be credited with any sick leave for such pay period.
I1
Approved vacation,sick leave,holiday or administrative leave shall be considered as time worked for the purpose of
12 computing sick leave benefits only. Whenever an employee uses all allowable sick leave, further absences may be
13 charged against accrued vacation or with department head approval,the employee may take loss of pay rather than
vacation.
14 1. Sick leave means the absence from duty of an employee because of illness or injury,
15 exposure to contagious disease, attendance upon a member of his/her immediate family who is seriously ill an
requires the care of or attendance of an employee, or death in the immediate family of the employee. Immediat
16 family means: husband, wife, grandmother, grandfather, mother, father, sister, brother, son or daughter, mother-in-
17 law, father-in-law,sister-in-law,brother-in-law,son-in-law or daughter-in-law.
2. Upon the Department Head's request, an employee must provide a physician's statement
18 to justify a sick leave of five (5) consecutive days or two-and-a-half(2-'/z) shifts or longer. If the department head
19 finds with just cause that sick leave is being abused. the employee may be required to submit a physician's statement
after any absence.
20 3. No absence due to illness or injury in excess of five (5) working days or two-and-a-hall
21 (2-'/z) shifts shall be approved except after the presentation of satisfactory evidence of illness or injury; namely
certificate from a practicing physician or an authorized practicing chiropractor approved by the
22 %d..,4HistratO
Cih llana!—Ter. The Mayor and Common Council shall have the power to require that any perso
23 claiming the sick leave benefits of this resolution be examined at any reasonable time or intervals by the City'
designated physician, and in the event of an adverse report to reject such claim for sick leave, in whole or in part
24
and to terminate sick leave compensation. In the event of the refusal of any person to submit to such examination
-� 25 after notification, the Gitv A«niA+stFat0F0tN Mana,er may terminate sick leave compensation and reject an
claim therefor. The * _ CitN Manager shall have the right to require the presentation of a certificate
10 Management/Confidential
I RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT
AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING
2 RESOLUTION NO.2005-242.
3 from a practicing physician stating that an employee is physically or psychologically able to Pe rform his/her work
4 and duties satisfactorily before permitting an employee who has been on sick leave to return to work.
4. In order to receive compensation while absent on sick leave,the employee shall notify
5
his/her immediate supervisor prior to or within four(4)hours after the time set for beginning his/her daily duties, o
6 as may be specified by the Head of his/her Department.
5. When absence is for more than one(1)work day, the employee may be required to file
7
physician's certificate or a personal affidavit with the Director of Human Resources stating the cause of the absence.
8 6. Whenever an employee is compensated hereunder for sick leave or injury and has not ha
a vacation at the end of the current calendar year, he/she shall be allowed to take his/her vacation in the next
9
calendar year.
10 7. Whenever the term "service of the City" appears herein, it shall be deemed to include all
11 service to the City of San Bernardino, the San Bernardino Board of Water Commissioners and the San Bernardino
Free Public Library Board.
12 8. Sick leave may be accumulated without limit and approved time off with pay for sic
13 leave shall be considered as time worked for purposes of the accrual of sick leave only. Sick leave shall not
19 accumulate during periods of leave of absence without pay. The words "working day" shall mean a normal day t
14 which an employee has been assigned to work.
15 9. Unused sick leave is payable upon resignation, retirement or death, except dismissal o
resignation with prejudice at fifty percent(50%)of total accumulated hours.There is no cap or service requirement.
16 T. Injury Leave
17 All non-safety employees shall be granted industrial accident and illness absence with full pay fo
each such accident or illness for the first seven(7)calendar days of their disability.Effective with day eight(8)of
18 the necessary absence for such illness,each employee shall be authorized,upon his/her written request,to utilize an
19 balance of his/her accumulated sick leave or vacation credits to augment the amount of temporary disability
compensation received to the extent that the total sum received will result in a payment equal to his/her regular an
20 normal compensation. The utilization of sick leave for this purpose shall end with termination of the temporary
21 disability or when the accumulated sick leave credits have been exhausted,whichever occurs first.
When injury is sustained in the course and scope of employment with the City by a safety
22
employee, said employee shall be compensated under the provisions of the Workers' Compensation Insurance an
23 Safety Act of California and not under the provisions of this resolution; provided that he/she shall be reimburse
pursuant to the provisions of California Labor Code Section 4850 during the first three hundred sixty-five(365)day
24
of disability.
25 Safety employees who are receiving payments under Labor Code Section 4850 shall accrue
vacation,sick leave and holiday credits during such absence from duty.
I 1 Management/Confidential
I RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT
AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING
2 RESOLUTION NO.2005-242.
3 When any employee is off duty on injury leave and has not had a vacation at the end of the current
4 year,he'�he shall be allowed to take his 11LT vacation in the calendar year he returns to duty.
When an employee sustains what he/she believes to be an industrial injury or illness,the employe
5
shall notify the supervisor immediately, or as soon as possible. The employee shall prepare and submit a report o-
6 injury or illness, and the supervisor shall prepare the supervisor's report, and make distribution. In the event the
employee is unable to prepare the report within twenty-four (24) hours, the supervisor or a member of the
7
division/department staff shall prepare the required report. Benefits will not be paid, until the required reports have
8 been filed with Human Resources, and a doctor's first report of injury or illness has been received. The employe
has the right to be examined and treated by a physician of their choice, within the required time, for the allege
9
injury or illness,as required by the California Labor Code.
10 The City shall have the right to require the employee be examined by a physician designated by
11 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.
12 Should there be a dispute between the physician selected by the City and the physician selected by
13 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.
14 U. Reasonable Suspicion Testing
15 1. Employees will participate in a reasonable suspicion testing program for drugs an
alcohol, following the Reasonable Suspicion Drug/Alcohol Testing procedure described in the City of San
16 Bernardino's policy on Drugs and Alcohol Testing of Employees with Commercial Driver's Licenses.
17 I 8--2. The fire management employees agree to have fire management employees with drivers
licenses of (1) Class "B" FX with "X" endorsement, (2) with Commercial Driver's Licenses or (3) Class "C'
18 Driver's Licenses participate in reasonable suspicion drug and alcohol testing, as outlined in the Fire Safety
19 I Employee's MOU:
3. All supervisors will receive training consisting of at least six (6) hours on identification
20 of actions,appearance or conduct,which are indicative of the use of drugs or alcohol.
21 4. A Supervisor must directly observe and document the behavior on a reasonable suspicion
checklist. Reasonable suspicion may not be based on hearsay.
22 V. Leave of Absence Without Pay
23 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 Mayor and Common Council for
24
period not to exceed six (6) months, upon the positive recommendation of the Department Head and the C t
25 kdininistrato Cit% Manager. Under justifiable conditions, said leave may be extended by the Mayor and Common
Council for additional periods.Leave of absence without pay will be considered favorably if it is expected that the
12 Management/Confidential
I RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT
AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING
2 RESOLUTION NO. 2005-242.
3 employee will return to duty and that at least one of the following benefits will result: increased job ability,
4 protection or improvement of the employee's health, retention of a desirable employee, or furtherance of a prograru
of interest to the City.Examples of or conditions for which a leave of absence without pay may be granted are:
5 1. For an employee who is a disabled veteran requiring medical treatment;
6 2. For an employee who is temporarily mentally or physically unable to perform his/her
duties;
3. For an employee who files for or assumes elected office;
8 4. For maternity or paternity leave,upon the recommendation of the attending physician;
9 5. For military leave when the employee has less than I year of service to qualify for leave
with pay.
10 An approved leave of absence without pay for less than sixty (60) days in any calendar year will
I I not be considered a break in service. Leave in excess of sixty (60) days shall result in the advancement of the
employee's anniversary date and compensation advancement date to such date as will account for the total period of
12 uncompensated time off.Failure to return to duty at the expiration of the approved leave shall constitute an
13 abandonment of the position pursuant to Rule 507 of the Rules of the Civil Service Board and shall be prosecuted
consistently therewith.
14 Employees who are called to active duty as a result of the activation of military reservists
15 beginning in September 2001,due to the crisis related to terrorist attacks on America,and who are eligible to receiv(
the thirty(30)calendar day military leave compensation in accordance with Military Code Section 395 et seq., shal
16 receive the difference between their regular City salary, as established by Resolution No. 6413 and their tota
17 military salary, starting the 3 1' calendar day of military leave. The difference in salary shall continue for up to one
year of active military service, which includes the thirty (30)days provided for in this section. During this one-yew
18 period, the City will continue to provide the employee the benefit plan as was provided prior to such active duty.
19 Payment into the PERS retirement plan will be made on a prorated basis. Any employee activated prior to December
20 1, 2003 will be eligible to receive up to a maximum of one year the-- of benefits described above. Employees
activated after December 1, 2003 will not be eligible for any benefits beyond those mandated by law, unless the
21 Mayor and Common Council expressly approve such compensation. This compensation provision applies to those
employees who are involuntarily called to active military duty.
22
The compensation provision does not include an employee's attendance at weekend reserve
23 meetings or drii1s. Employees must use their own time to attend such meetings. Should the meetings unavoidably
24 conflict with an employee's regular working hours, the employee is required to use vacation leave, holiday time,
compensatory time off, or leave without pay. Employees who are called in for a medical examination to determine
25 physical fitness for military duty must use vacation leave or leave without pay. The thirty (30) day compensation
provision also applies to any employee on military leave,other than temporary military leave,who is ordered into
13 ManagementlCoqftdential
I RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT
AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING
2 RESOLUTION NO.2005-242.
3
active military duty or is inducted,enlists,enters,or is otherwise called into active military duty.
4 A copy of military orders must accompany the "request for leave" form and copies of military
earnings statement must be provided to the City, on a monthly basis. Employees who are eligible for military leave
5
compensation will be placed on a leave of absence with the right to return to their positions. The detailed procedure
6 for processing and payment will be discussed and established between the City of San Bernardino Finance
7 Department and the affected employee.
W. No-Pay Status
8 If an employee does not have time reported to payroll during a pay period resulting in no payrol
9 check issued, they will be considered on no-pay status. The Finance Department will bill the employee for both th
employee and employer portions of their Insurance Benefits. This will be in effect for any and all pay periods durin
10 the time employee is on no-pay status. Employees can voluntarily cancel insurance benefits by contacting the
11 Human Resources Department. If an employee chooses to cancel their health benefits, they will be subject to re
enrollment pursuant to PERS guidelines. In circumstances in which either the Federal Family Leave Act or the State
12 Medical and Family Leave Act apply,the City shall adhere to the requirements of the Acts.
13 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 no pay status or leave of absence due to an
14 injury or illness arising out of and in the course of his/her employment with the City.
15 X. The City agrees to participate in the Post Em loNment Health Plan PEHP) in accordant
ith the terms and conditioizs of[tic Ptau'� Participation a«reement
16 1 k. Holidays
17 All participants shall receive the following paid holidays:
New Year's Day January 1
18 Martin Luther King Day 3rd Monday in January
19 President's Day 3rd Monday in February
Memorial Day Last Monday in May
20 Independence Day July 4
21 Labor Day First Monday in September
Veteran's Day November 11
22
Thanksgiving 4th Thursday in November
23 Day After Thanksgiving 4th or 5th Friday in November
Christmas Eve December 24
24
Christmas Day December 25
25 New Year's Eve December 31
Two(2)Floating Holidays(18 holiday hours)
14 Management/Confidential
I RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT
AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING
2 RESOLUTION NO.2005-242.
3 Holidays listed above shall be allowed on a Monday, if any such holiday falls on Sunday, an
4 shall be allowed on the preceding Friday, if such holiday falls on a Saturday, for all employees except those covere
by other provisions herein. If the Christmas and New Year holidays occur on Mondays, these holidays and the
5
holiday eves will be observed on Mondays and Tuesdays.
6 I E ffeet-i.e j.,.,..ary 1, 200", Non-safety employees shall accrue nine (9) hours of holiday time
per holiday. Two (2) floating holidays will equal 18 holiday hours and will be placed into the employee's holiday
7
account at the beginning of each calendar year.
8 In lieu of the above, shift employees shall accrue six-and-a-half(6-'/�) shifts per calendar year.
9 accrual at six(6)hours per pay period.
IHolidays earned in any twelve- " i;�—(12}-month period are not accumulative beyond the
10 total number of holidays allowed each year by this pay plan.
11 If a holiday falls on a nine--(9) or ten—(10)hour work day, the employee will be paid eight(8
hours holiday pay. The employee may supplement the holiday with accrued vacation, holiday account time, or no
12 I pay. EffectiNe januarN ',2006, tThe employee will be paid nine(9)hours holiday pay.
13 If new employees elect to"draw down" from the holiday account,the hours used will be deducted
from the sixteen(16)holiday account hours they receive upon the completion of six(6)months of continuous
14 service. Effective January 1, 2006, employees may draw down from the eighteen (18) hours holiday account upon
15 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
16 term of this Resolution, the employees shall be paid for his/her holiday account balance, upon separation from the
17 City.Effective January 1,2006,employees may accrue a total balance of a maximum of 126 hours.
Police
18 Police Safety Management members may sell back up to one quarter(25%)of their annual holiday
19 leave.Maximum sell back will be 28 hours. Eligible employees shall notify the Finance Department by August 1,o
his/her request for sell back for the prior fiscal year ending June 30. The City shall compensate eligible employee
20 on the first payday in September.
21 Effective January 1, 2006, safety employees will accrue nine (9) hours per holiday. Holiday
earned in any twelve-month period are not accumulative beyond the total number of holidays allowed each year b"
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this pay plan.Employees may not exceed a balance of 126 hours at any time.
23 I ZY. Benefits Reopener
24 It is intended that this plan not discriminate in favor of highly compensated employees or key
employees as to contributions and benefits, in compliance with the requirements of Section 89 of the Tax Reform
25 Act of 1986.If existing non-taxable fringe benefits are found to be taxable pursuant to new law,regulations or
15 Management/Confidential
I RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT
AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING
2 RESOLUTION NO.2005-242.
3
interpretations,the City agrees to discuss implementation of alternate forms of compensating affected employees to
4 minimize their tax liability.
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16 ManagemendConfidential
I RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A MANAGEMENT
iL AND CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN AND REPEALING
2 RESOLUTION NO.2005-242.
3 SECTION 3.Resolution No.2005-242 is hereby repealed in its entirety.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and the Common Council o
4
the City of San Bernardino at a meeting thereof, held on day o
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2007,by the following vote,to wit:
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7 COUNCILMEMBERS: AYES NAYES ABSTAIN ABSENT
ESTRADA
8 BAXTER
9 BRINKER
DERRY
10
KELLEY
11 JOHNSON
MCCAMMACK
12
13
Rachel G. Clark,City Clerk
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15 The foregoing resolution is hereby approved this day of 12007.
16 Patrick J.Morris,Mayor
17 City of San Bernardino
Approved as to form:
18
JAMES F.PENMAN,
19 City Attorney
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By:
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Agenda Items:Reso.Mgmt.Conf.Update.2007
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17 Management/Confidential