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HomeMy WebLinkAbout12-Human Resources , ? . ..,. CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION From: EDWARD S. RAYA Subject: RESOLUTION IMPLEMENTING MEMO- RANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE MIDDLE-MANAGEMENT BARGAINING UNIT REPRESENTED BY SAN BERNARDINO PUBUC EMPLOYEES ASSOCIATION (SBPEA) Dept: HUMAN RESOURCES OR'I"i"'~L i l \... II ~ ri Date: AUGUST 28, 2002 Synopsis of Previous Council Action: December 20, 1999 - The Mayor and Common Council adopted Resolution No. 1999-320, a resolution of the City of San Bernardino implementing a Memorandum of Understanding between the City of San Bernardino and employees in the Middle Management bargaining unit of the City of San Bernardino represented by San Bernardino Public Employees Association. September 9, 2002 - Closed Session. Recommended Motion: Adopt Resolution. ~~'1~ Contact Person: Edward S. Rava Phone: 384-5161 Supporting Data Attached: Yes Ward: $173,450 FY 2002-03; $366,000 FY 2003-04; $430.000 Annual Recurring Cost FUNDING REQUIREMENTS: Amount: Source: (Accl No) (Accl Description) Finance: Council Notes: l2.~ ~,)-30\ Cf / ad /();1... ~I Agenda Item No. .1 CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION 5T AFF REPORT SUBJECT Resolution implementing Memorandum of Understanding Between the City of San Bemardino and employees in the Middle-Management bargaining unit represented by the San Bernardino Public Employees' Association (SBPEA). BACKGROUND The contract with the Middle-Management employees expired on June 30, 2002. The City Team and the San Bemardino Public Employees' Association (SBPEA), held ten (10) negotiation sessions. On August 27, 2002, both sides reached tentative agreement on a successor Memorandum of Understanding (MOV) and member ratification. Following is the economic benefits package described which was approved by the Mayor and Common Council on September 9, 2002. Waees: Effective September 1,2002, a four percent (4%) Cost-of-Living Adjustment (COLA) will be given. This COLA will result in the entire pay scale moving upward by four percent (4%). Effective October 1,2003, a four percent (4%) COLA will be given. This COLA will result in the entire pay scale moving upward by four percent (4%). Actine Pav: Increase from 3% to 5%. Shift Differential: $85 per month for swing shift; $120 per month for graveyard shift, effective the adoption of this MOU. Suecial Certification Pay: Effective January I, 2003, employees who qualify will receive certificate pay in the amount of $50 per month. The classifications of Senior Code Compliance Officer; Supervising Equipment Mechanic; Fire Equipment Supervisor; Equipment Maintenance Supervisor; Forensic Specialist ill; Parks, Maintenance Supervisor and Survey Party Chief are eligible. Personal Tool Reulacement Allowance: $350 per year, per employee, in the classification of Fleet and Fire Equipment Mechanic Supervisors. HealthlLife Insurance: As of January 1, 2003, the City will contribute a flat rate of $545 per month for Employee Plus One or More Dependents, and a flat rate of $275 per month for Employee With No Dependents. Effective January 1, 2004, the City will cover a rate increase of up to ten percent (10%) in health insurance costs above the flat rate of $545 for Employee Plus One or More Dependents, or $275 for Employee With No Dependents. Increase Accidental Death & Dismemberment (AD&D) insurance coverage to $25,000. "~I Sick Leave Sell Back: Effective January 1,2003, employees will be allowed to cash out up to five (5) days (40 hours) ofsick leave per year, if they meet certain criteria. The term of the new MOU is from July 1, 2002, to June 30, 2004. Attached is the new Middle- Management Employees' Memorandum of Understanding. FINANCIAL IMPACT The cost of this package in FY 2002-03: $173.450: The cost of this package in FY 2003-04: $365.500: The total cost for the two-year contract: 5538.500: Annual recurring cost is: $430.000. RECOMMENDATION Adopt Resolution. Attachment: Resolution hnplementing Memorandum of Understanding Between the City of San Bernardino and Employees in the Middle Management Employees' Bargaining Unit Represented by San Bernardino Public Employees' Association. HR/Agenda Items:SR.Mid-Mgmt.MOU.02-04 09/17/2002 c c ~~(Q)[Bv 1 Resolution No. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDIN 3 AND EMPLOYEES IN THE MIDDLE MANAGEMENT BARGAINING UNIT OF THE C OF SAN BERNARDINO REPRESENTED BY SAN BERNARDINO PUBLIC EMPLOYEES 4 ASSOCIATION. 5 WHEREAS, the designated representatives of the Mayor and Common Council met an 7 6 conferred in good faith with representatives of San Bemardino Public Employees' Associatio (SBPEA) representing the Middle Management Employees of the City of San Bernardino, i 8 accordance with the provisions of Government Code ~3S00-3SI0, to agree upon a ne 9 Memorandum ofVnderstanding (MOV); 10 WHEREAS, such meetings resulted in agreement on an MOV (Exhibit A, a copy 0 11 which is attached hereto and incorporated herein) effective July I, 2002, through June 30, 2004. 12 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 0 SAN BERNARDINO, AS FOLLOWS: 13 14 SECTION I. Exhibit A to this resolution is hereby adopted establishing wages, ho 15 and working conditions for employees in the Middle Management bargaining unit of the City 0 16 San Bemardino. 17 /1/ 18 //1 19 /1/ 20 /1/ 21 /1/ 22 //1 23 //1 24 1/1 25 C 1 c 1 RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDIN 2 AND EMPLOYEES IN THE MIDDLE MANAGEMENT BARGAINING UNIT OF THE CIT OF SAN BERNARDINO REPRESENTED BY SAN BERNARDINO PUBLIC EMPLOYEES' 3 ASSOCIATION. Council of the City of San Bernardino at a meeting thereof, held on th 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Commo 5 6 day of , 2002, by the following vote, to wit: 7 8 COUNCILMEMBERS: AYES NAYES ABSTAIN ABSENT 9 ESTRADA 10 LIEN 11 MC GINNIS DERRY 12 SUAREZ 13 ANDERSON C 14 MCCAMMACK 15 16 Rachel G. Clark, City Clerk 17 The foregoing resolution is hereby approved this of ,2002. 18 19 20 Approved as to form and Legal content: JUDITH VALLES, Mayor City of San Bernardino 21 JAMES F. PENMAN, 22 City Attorney 23 By: 24 HF nda Items:Reso.Mid-Mgmt.MOU.02-04 ), 09/18/02 25 c 2 c MIDDLE MANAGEMENT EMPLOYEES MEMORANDUM OF o . UNDERSTANDING JULY 1, 2002, TO JUNE 30, 2004 c CITY OF SAN BERNARDINO OFFICE OF THE DIRECTOR OF HUMAN RESOURCES c c c Article/Section Resolution No. ARTICLE I Section I Section 2 Section 3 Section 4 ARTICLE II Section I Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 ARTICLE III Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 ARTICLE IV Section 1 Section 2 Section 3 ARTICLE V Section 1 Section 2 Section 3 TABLE OF CONTENTS Title Pal!e Implementation of Memorandum of Understanding ........... i Definition ofTenns..................................................... .........4 ADMINISTRATION ..........................................................5 Management Rights .............................................................5 Agency Personnel Rules ......................................................5 Labor-Management Committee ...........................................6 Contract Services.................................................................6 EMPLOYER-EMLOYEE RELATIONS .........................6 Recognition.......................................................................... 6 No Strike ..............................................................................6 Payroll Deduction ................................................................7 Grievance Procedure ................. ............................... ............ 7 Non-Discrimination .................. ...........................................9 Employee Rights ................................. ......... ........................9 Classification......................................................................l 0 Bulletin Boards ..................................................................10 Access to Personnel Records .............................................10 COMPENSATION ...........................................................11 W ages..................................... ............................................11 Acting Pay................................................. ................ .........11 Shift Differential................................................................11 Wage Differential...............................................................l2 PERS .................................................................................12 Overtime ............................................................................12 Fines.................................................................................. .14 Special Certification Pay....................................................14 Personal Tool Allowance................................................... 15 FRINGE BENEFITS ........................................................15 Health/Life Insurance....................................................... ..15 Unifonns ................................... .........................................16 Tuition Reimbursement .....................................................16 LEAVES ............................................................................18 Vacation .............................................................................18 Holidays .............................................................................20 Sick Leave.............:............................................................22 2 Mid-Management MOU c c o Article/Section Title Pal!e Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Payment for Unused Sick Leave........................................23 Injury Leave .......................................................................23 Leave of Absence Without Pay..........................................24 Witness Leave ..... ...............................................................25 Blood Donations ................................................................26 Catastrophic Leave.............................................................26 Sick Leave Sell Back .........................................................26 ARTICLE VI Section 1 Section 2 Section 3 Section 4 Section 5 WORKING CONDITIONS .............................................27 Working Conditions...........................................................27 Physical Examinations .......................................................28 Drug and Alcohol Testing..................................................28 Seniority ........................................................................... ..28 Probationary Period .......................................................... .28 ARTICLE VII Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 GENERAL PROVISIONS................................................29 Waiver Clause ....................................................................29 Severability ........................................................................29 Printing of Memorandum ofUnderstanding......................29 Term of Memorandum ofUnderstanding..........................29 Notice of Intent to Reopen.................................................29 New Employee Information...............................................30 SIGNATURE P AGE........................................................31 Index EXHffiITS Exhibit 1 Exhibit 2 Exhibit 3 ---------------------------------------------------------------------32 Side Letter to Agency Personnel Rules Authorization for Checkoff for Union Dues Form Resolution 6413, Section Eleven: "Middle Management Employees" 3 Mid-Management MOU c o c DEFINITION OF TERMS City: The City of San Bernardino Classification: Includes titles listed in Section Eleven of City Resolution No. 6413, as amended. Dav: A$ it pertains to a holiday, sick leave day or a vacation day, one (1) "day" equals eight (8) hours, unless otherwise specified. Exclusions: Excluded from the Middle Management Unit for purposes of 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 Management Unit: Includes titles listed in Section Eleven of City Resolution No. 6413, as amended. Additional titles in the Middle Management Unit may be established by the Mayor and Common Council. Also reference "Exclusions" above. Mandatory and Permissive: "Shall" is mandatory; "may" is permissive. MOU: Memorandum of Understanding Union: The exclusive bargaining representative for the Middle Management Unit. 4 Mid-Management MOU c c c ADMINISTRATION Section 1 - Mana2ement Ri2hts 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. Furthennore, 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; detennine 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; detennine the content and intent of job classifications; detennine 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 perfonnance programs and standards; discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees in accordance with the applicable law; establish employee perfonnance 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 perfonning its work. Section 2 - A2encv Personnel Rules It is understood and agreed that there exists within the City in written or unwritten fonn, 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 Unifonn 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 SBPA may meet and confer regarding such 5 Mid-Management MOU c c o rules with the City before they become effective, if SBPEA so requests. (Reference Side Letter- Exhibit # I) Section 3 - Labor-Manal!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 soeakers will be allowed to attend based on advance notice to the City and mutual al!reement Section 4 - Contract Services: It is not the intent of the City to cause emolovees to lose their iobs because of a decision to contract work. If a decision is made bv the City to contract work not now contracted. and that decision will result in chanl!e in the work conditions or status of emolovees in the unit. the City aerees to meet and confer in I!ood faith with the Union orior to makinl! a final recommendation to the Mavor and Common Council. ARTICLE II - EMPLOYER"EMPLOYEE RELATIONS Section 1 - Recol!nition Exclusive recognition of the Union is acknowledged for purposes of meeting and conferring on wages, hours and working conditions, and of general representation of employees within the unit of representation. The classification titles of those Middle Management permanent employees in the unit for which the Union has been recognized exclusively as the majority representative are listed in Resolution 6413, Section Eleven, as amended, and as subsequently so designated as determined solely by the City; excluding therefrom positions regarded as temporary, part-time and seasonal; titles and positions established and created under federal contract and those employees while under provisional or probationary status. The granting of "exclusive" recognition shall not preclude employee self-representation in matters where individual rights, protections and concerns are involved; provided however, the representation rights of the Union as exclusive representative shall not be compromised 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 6 Mid-Management MOU c c c jeopardize the public health, welfare and safety of the City's business and residential communities. Thus, the Union and the City will strive to promote a harmonious relationship between the parties to this MOU that will result in benefits to the City and will provide continuous and uninterrupted employee services. It is, therefore, further agreed that the Union shall not on behalf of itself and its members, individually or collectively, engage in any curtailment or restriction of work. Should any curtailment or restriction of work take place, paid leave benefits (sick leave, vacation, etc.) will not be available during such periods of time. Section 3 - Pavroll Deduction It is agreed that Union membership dues, insurance and premiums for plans sponsored by the Union shall be deducted by the City from the pay warrant of each employee covered hereby who files with the City a written authorization that such deduction be made. Remittance of the aggregate amount of all membership dues and insurance premiums deducted from the pay warrants of employees covered hereby shall be made of the Union within 30 days after the conclusion of the month in which said membership dues and insurance premiums were deducted. The City shall not be liable to the Union employees, or any other persons by reason of the requirements of this Section for the remittance of any sum other than that constituting actual deductions made from employee wages eamed. The Union shall hold the City harmless for any and all claims, demands, suits, orders, judgements or other forms of liability that may arise out of or by reason of action taken by the City under this Section. 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 Puroose: 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 allevels will make continuing efforts to secure prompt disposition of grievances. Every effort should be made to resolve grievances in the informal process. 7 Mid-Management MOU c c c The initiation of a grievance in good faith by an employee shall not cast any adverse reflection on hislher standing with hislher supervisors or hislher loyalty as a City employee nor be a reflection on the employee's supervisor 0 the department involved. Definition of a Grievance: A grievance is an alleged violation of the terms of this MOU. If the employee chooses to appeal disciplinary action to the Civil Service Board, he/she shall be precluded from filing a grievance. The remedy selected shall be the exclusive remedy pursued, either through the grievance procedure used under this MOU, or through disciplinary appeals to the Civil Service Board Additionally, allegations of discrimination or harassment may be submitted to the 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. Reoresentation: The aggrieved employee shall have the right to be represented. This representation may commence at any step in the grievance procedure. Legal counselor 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 anyone time, unless he/she so desires. If the employee's legal counsel is not from the formally recognized employee organization, a representative of that formally recognized 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. Steos in The Grievance Procedure: The procedures outlined herein constitute the informal and formal steps necessary to resolve an employee's grievance. An attempt to settle the grievance in the informal structure at the employee-supervisor level is required. The grievance must be submitted to the Informal Step within ten (10) working days of the incident or of the grievant's knowledge of the incident's occurrence. A. Informal: Initially, the grieving employee shall on a personal face-to-face basis discuss his/her complaint with hislher immediate supervisor informally. Within ten (10) working days the supervisor shall give hislher decision to the employee orally. The date and the subject of the incident should be provided with the request for the informal meeting. The supervisor will document his/her response to the employee, in the event the grievance proceeds to the Formal level. . 8 Mid-Management MOU c c c B. Formal: 1. If the grievance is not adjusted to the satisfaction of the employee involved, the grievance shall be submitted in writing by the employee or hislher designated representative to the Department Head within the next ten- (10) working days. The Department Head shall meet with the employee and/or hislher designated representative within ten (10) working days of receipt of the written grievance and shall deliver hislher answer in writing to the employee within ten (10) working days after the meeting. 2. If the grievance is still is not adjusted, the aggrieved party may file a written appeal with the Director of Human Resources or hislher designee shall meet with the employee and if the employee desires, the designated Union representative within ten (10) working days after receipt of the appeal and shall deliver hislher answer in writing to the employee within ten (10) working days after the meeting. 3. If the grievance is still not adjusted, the aggrieved party may file a written appeal with the City Administrator within ten (10) working days from the date of delivery of said answer. State in writing the complaint and the desired result. The City Administrator may meet with the employee and if the employee desires the designated union representative within ten (10) working days after the receipt of the appeal and shall deliver hislher answer in writing to the employee within ten (10) working days after the meeting. The City Administrator'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, hislher 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 - Emplovee Ri2hts 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 9 Mid-Management MOU c c c 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. EmDlovees who believe thev are Derformin2 duties of a hil!her level outside of their current classification. and who believe they have been unable to resolve the situation satisfactorily. shall haye the ril!ht to aDDeal their issue via the current 2rievance Drocedure. Section 8 - Bulletin Boards The City will furnish a reasonable portion of existing bulletin board space in each department/division for the purpose of SBPEA posting notices of pertinent SBPEA business. SBPEA agrees that nothing libelous, obscene, 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 Administrator or designee shall meet with the SBPEA labor relations representative to resolve the problem as soon as possible. Section 9 - Access to Personnel Records The City's 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 hislher 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. 10 Mid-Management MOU c c c ARTICLE III - COMPENSATION Section 1 - Wa!!es Salaries are per Resolution No. 6413, Section Eleven, as amended by the Mayor and Common Council. Exhibit #3 is a copy of the resolution. A three BePeellt (3") sskIry inee:M2 3.'uIlI8S861fJ2 effooti::e JS1UlIfI"tf 1. llJtJ9: Mi. II Rt'6 Otwell! (19() Ylllrt" illelWl&1! sltalll1eetJllf8 effcefiYe .,Ta",,1WV 1. 191N.}'oy s/l1fielft8ers. Tlte CiIv. lit ita IStB8IfS8. 1I~l'ees 18 e61filllet II elS59iRea'li6" IIlti 81ft118Ifsati81f sllIilv sf 118Si1i61fs i1f the ~Iii J.flllfllNllfeltt Uttil. The CiA" ("rtlfer "frees tit. tlte stull'r will he e611fsletetl 8,16, 18 the SBil'tltislt 8f tlte E81ftrs5 Effective SeDtember 1. 2002. a four Dercent (4%) Cost-of-Livin!! Adiustment (COLA) will be !!iven. This COLA will result in the entire Dav scale movin!! uDward bv four Dercent (4%), Effective October 1.2003. a four Dercent (4%) Cost-of-Livin!! Adiustment (COLA) will be !!iven. This COLA will result in the entire Dav scale movin!! uDward bv four Dercent (4%). Section 2 - Actin!! Pay A Middle Management employee who is assigned acting (complete) responsibility in the absence of his/her superior by the Department Head and approved by the City Administrator shall be paid for same as follows: The rate of pay shall be a step on the range of the higher position, which allows the "acting" employee at least a five percent tkree pereellt (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 Dosition for at least 30 consecutive working days. The fH:lrpese efthfs SeetieB t8 ]3Fe7lae SlieR eempensatisB fur ''/aeaaea reliefwser thiFty (39) days aF fer limited/sheft term. a13seBees.. Section 3 - Shift Differential All employees assi!!ned 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 585 Der month 35 eems per a81lr extra for all hours actually worked during such assignment; or, 11 Mid-Management MOU c c c B. An employee assigned to the graveyard shift (nonnal start and ending time of 12 midnight to 8:00 am., respectively) shall receive S120 per month 45 eeHts ~er aellf5 extra for all hours actually worked during such assignment. C. Anv emplovee who is permanentlv assil!ned to the swinl! or l!ravevard shift will receive the additional monthlv pay. The additional pav win onlv bel!in and end on the l't and the 16th of the month. Whenever permanent swinl! or l!ravevard shift emplovees work overtime on another shift., their hourly pav will include the additional monthlv pay. D. Anv non-swinl!!l!ravevard shift emplovees who work overtime in a swinl! or l!ravevard shift win onlv be paid at the rel!ular rate of pav (no additional differential pay). E. The Departments. bv memo. will inform Pavron which emplovees are permanentlv assil!ned to swinl! and l!ravevard shifts and should receive the additional month Iv pay. Permanent is defined as beinl! assimed for 30 calendar days or more. Section 4 - Wal!e 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 The City will continue to contract with PERS for the existing retirement benefit plan and will contribute all of the seven percent (7%) employee contribution. For any unit employee hired on or after January 1, 1998, the City will pay five percent (5%) of the members' contribution to PERS credited to the employee's account as a fringe benefit. Upon said employees completing five (5) years of service, the City will pay seven percent (7%) of the members' contribution to PERS credited to the employee's account as a fringe benefit on the first pay period of the sixth year of service. 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 12 Mid-Management MOU c c c Administrative Leave shall not earn any additional time off or other compensation for overtime work, except as described below. Emenzencv Operations Center (BOC): The City will pay straight time overtime to unit members assigned to work beyond their regular shifts, when the City's Emergency Operations Center (BOe) is open, when such assignments result from a federal or state-declared disaster declaration and when the overtime worked is expected to be reimbursed to the City by federal, state and/or other funding sources. Fluctuating Schedule: In the event that Unit members must work beyond their regular shift or must work on a regularly scheduled day off to provide support for prescheduled special events, the Department Head or designee has the discretion to implement a fluctuating schedule, whereby the employees will work on the prescheduled special event, in exchange for equivalent time off during the same pay period. Each Department head shall consider any request of an employee as to preference for taking the equivalent time off. FLSA: Article ill, 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; and, Police Records SUDervisors. DurinlZ term of the MOD. the City of San Bernardino and the Association shall meet and Confer on the Dlacement of anv Dosition that's created or moved into Mid- ManalZement for DurDoses of Dlacement in overtime classification. Only hours actually worked shall be counted for purposes of calculating eligibility for overtime compensation, as appropriate. Approved witness leave and jury duty, as set forth in the MOU will be counted as actual hours worked. Classifications covered by the FLSA shall have the option to participate in a compensatory time bank. ComDensatorY Time Bank: When an employee works overtime, he or shall earn overtime at the FLSA rate. Following prior approval of overtime as described above, the employee will either be paid for the overtime worked, or the number of overtime hours worked will be placed in a compensatory time bank based on the employee's request. The Finance Department (payroll) will track the compensatory time accrued and used and the compensatory time balance will appear on the employee's paycheck. Department Head approval will be required in order for employees to use time from the compensatory time bank. Once an employee's compensatory time bank reaches 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. 13 Mid-Management MOU c c o If the employee tenninates employment of 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. Section 7 - Fines The City shall pay for court fines imposed upon each regular Middle Management employee within the unit of representation as a result of hislher conviction of a traffic violation when such employee was directed to operate any faulty vehicle or vehicular equipment, which was the proximate cause of a mechanical or other traffic violation provided that such violation did not result from improper or negligent operation of the vehicle on the part ofthe employee. Section 8 - Special Certification Pay Effective Januarv 1. 2003. employees in the followinl! classifications: A. Senior Code Compliance Officers; Supei"visinl! Equipment Mechanics: Fire Equipment Supervisor. Equipment Maintenance Supervisors: Forensic Specialist III: Parks Maintenance Supervisor: and. Survey Party Chief: Shall receive. in addition to their rel!ular compensation. $50 a month payment ($25 paid each pav period) for obtaininl! and maintaininl! the followinl! certifications: ICBO or AACE Certificate ASE desil!nation of Master Certified Mechanic Fire Mechanic Level III Certified Pesticide Applicators PermitlLicense Certified PIavl!round Safety Inspector 1M - Certified Latent Print Examiner IM- Certified Crime Scene Investil!ator Professional Land Surveyor's License It shall be the responsibility of the department and the employee to provide payroll with a CODY of their certifications and or renewal. Certificate pav is limited to $50 Der month per elil!ible employee. Section 9 - Personal Tool Replacement Allowance The City shall provide a tool replacement allowance for damal!ed. lost or stolen personal tools in an amount not to exceed $350 Der Year. per emplovee. The City will Drovide insurance coveral!e for FIeet and Fire Equipment Mechanic Supervisors' tools. if the entire toolbox is stolen from the City prODertv. Claims al!ainst the above tool replacement allowance shall be honored provided when: 1) the personal tools had been required bv the City: (2) the tool had been marked and inventoried bv the emplovee: (3) a report of such inventorv had been filed with the DeDartment Head: and. (4) said tools had been properlv maintained. Tools stolen or 14 Mid-Management MOU c c c dama!!ed throu!!h no fault of the emDlovee will be reDlaced bv the emDlovee and reimbursement thereof will be made bv the City. after submission of an aDDroDriate Citv form accomDanied bv an aDD roved invoice or receiDt. Reauests shall be submitted semi. annuallv. in June and December. or UDon termination of the emDlovee from Citv service for any reason. Dama!!ed tools. which are reDlaced throu!!h reimbursement bv the Citv as above shall be turned in to the DeDartment Head and shall become the DrODertv of the City. Durin!! the term of this MOU. all new emDlovees to the Citv hired as Fire EauiDment SUDervisors or SUDervisin!! EauiDment mechanics. who may be reauired bv their DeDartment Head to Durchase Dersonal metric tools in order to effectivelv accomDlish work assi!!nments. shall be elil!ible to receive a one-time tool Durchase allowance not to exceed 5100 to assist in makin!! such Durchase. ARTICLE IV - FRINGE BENEFITS Section 1 - Health/Life Insurance }... The City saall eeBki1.=nlte menies te..v8f6 aeaJ.tll premiams fer a fall time rega.lar E~leyee PhiS OBa DepeBaeftt at t:ke Fate eEIlii.lahmt t8 tile Kaiser Seath premiam. In aaaitien, the City '.y.jJJ pre"fide PII)'ffteffi at the rate ef the >>elitl >>etttal high ElptieB plam er its eEIlli';aIeffi fer a full time, feglilar EiBflle)~e PhiS Oae Depeatieat. The City's eefltri1:nHisR ..vill eltange t9 equal tRe east iB !lie Kaiser Seath premiam. ana tile lJella 1>elflal higk 8ptisB plan af its eEllli'laleat Eiuflftg the tClIR efilie MOU. The City shall eSBtflBtite tile Fate eEI1ii.,aleBt t8 t.ae Kaiser Saath f'FeHHlHR fer a full tim.e, regular empleyee enl.y BREi the >>elhl >>entallHgli ejltiea plBR Elr ita elilli'laleffi fer Bmjlleyee Oflly :fer a full time, regular e~le)~e .:.r.itli Be elepeBaeBts. A. As of January 1. 2003. the Citv will contribute: A fiat rate monthly contribution of 5S45 Der month towards health Dremiums for unit emDlovees who enroll in medical Dlans with EmDlovee Plus One or More DeDendents. A fiat rate of 5275 Der month towards the Durchase of health care Dremiums for EmDlovee with No DeDendents. Insurance benefits available for Durchase bv emDlovees include medical. dental. vision. life. lon!!-term disability and accidental death and dismemberment. as made available throu!!h the City. Anv contributions not utilized bv an emDlovee shall revert to the City. Effective January 1. 2004. the Citv will cover a rate increase of UD to ten Dercent (10%) in health insurance costs above the fiat rate of $545 Der month for EmDlovee Plus One or More DeDendents. or 5275 Der month for EmDlovee With No DeDendents. 15 Mid-Management MOU c c c B. A full-time, regular employee must purchase medical insurance offered by the City in order to utilize any of the contributions ~escribed in Article IV, Subsection A. C. The City shall contribute a maximum of $16 per month per retiree to be used exclusively for the purpose of medical insurance benefits. D. The AeeiEleatal Death aaEl DiSftl.emllcffileftt (:\D&D) plan in eirest at this time shall Femain iB efIeet fer tae tefHl sf this agreemeBt. D. The City shall Drovide each emDlovee with 525.000 Accidental Death and Dismemberment (AD&D) Dlan insurance covera2e at no cost to the emDlovee. The City shall Drovide each emDlovee with 510.000 Life Insurance covera2e at no cost to the emDlovee. 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 (SID) 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. Section 3 - Tuition Reimbursement A. Puroose 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. 16 Mid-Management MOU c c c 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. 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 Administrator. 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 1. Reimbursement will be for the cost of tuition or registration fees and the required textbooks for each course. Additional expenses such as meals and parking fees are not reimbursable. 2. Costs for required texts are eligible for one-hundred percent (100%) reimbursement and the employee may retain the book(s). 17 Mid-Management MOU c c c 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 hislher 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 other 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 Administrator for final action. One (1) copy will be returned to the employee; a copy will be returned to the department. It is necessary that the applicant accomplish the procedures so far described in order to ascertain the eligibility of the intended course of instruction for reimbursement under the provisions of this Section prior to the inception of the course. 4. The employee will submit his or her copy of the approved application for reimbursement wiWn sixty (60) calendar days after the completion of the course and final grade has been received. The employee must include official verification of hislher fmal 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 Human Resources, if the employee/student does not complete course. ARTICLE V - LEA YES 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 SelVice 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 18 Mid-Management MOU c o c *Service year begins on initial date of employment in a full-time regular status. **No vacation granted or accrued, if service is less than one year. B. The amount of accrual shall not exceed the specified number of hours granted each year. C. Employees shall not be permitted to work in their City position in lieu of taking vacation in order to receive additional compensation. D. Except as provided herein, vacation time shall not accumulate or be allowable or payable beyond the calendar year when due. Vacation credits may be accrued and accumulated up to a maximum of two (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 or three (3) or more months should normally elapse between the expiration of one (1) year's vacation and the commencement of the next year's vacation. The vacation period to which any employee shall be entitled shall be assigned by the Department Head in the calendar year when due, except with the Department Head, with the approval of the Mayor, determines that an emergency or other valid factors prevent the employee from utilizing hislher vacation during the calendar year when due. Should this occur, the employee's vacation should be rescheduled at the very earliest mutually acceptable date. Vacation requests will not be unreasonably denied. E. Upon termination, payment for unearned but unused vacation or deduction for used but uneamed vacation shall be made on the basis of the hourly rate of pay being received by the employee on the date of separation. F. When an employee returns to work after a break in "continuous service" as defined in Resolution No. 6433 as amended, and when such break in continuous service shall have been by leave of absence with the approval of the Mayor and Common Council, vacation time shall not accrue during a break in continuous service, but shall accrue monthly from the date of return to service from such approved leave of absence, based upon the total length of service of the employee. G. Whenever the terms "year or years of employment" appear herein, it shall be deemed to include all services for the City of San Bernardino Board of Water Commissioners and the San Bernardino Free Public Library Board. Years of employment do not refer to participants in federally funded, temporary programs, e.g., Job Training Partnership Act (JTP A). 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 for four (4) hours, with prior Department Head approval, unless Department work rules permit use in lesser increments. 19 Mid-Management MOU c c c Section 2 - Holidavs A. Citv-Desismated Holidavs: 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 MOD: New Year's Day President's Day Martin Luther King, Jr. Day Memorial Day Independence Day Labor Day Traditional Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Eve Day Christmas Day New Year's Eve Day Plus sixteen (16) hours of Holiday Account time per year (See Subsection B). All full-time employees within the bargaining unit with the exception of those employees shown in the following paragraph shall be allowed the above holidays at full pay when such holidays occur within the regularly assigned working periods provided they are in a paid status during any portion of the working day immediately preceding or succeeding the holiday. B. Heliaav..^...eeeHBt: Effeeti':e aaeR latHlary 1, 1:H1it empleyees ~:lill reeei":e siJrteea (1€i) B8lifS iB tReir Heliaay ..^...eeeliBt (feFmerly ka8\".1l as Pleating Helidays). BfBI31eyees may RWle meFe tken siJ(teea (16) lls1:H"s Beames iB tRaiT Heli~' ..A...eee1il1t, 13m may aBly earry eyer a teta! sf siJrteeB (16) a8HfS sf lietide)" time t8 !Jie BeJet ealeBaar year. .:\ny Heliaay }"seeHflt aeHFS ever si1rteeB (16) asllfS ea DeeeFRBef 31 of eaeh year ".vill he lest R9UFS. If a helitley falls ell a nille (9) er teft (19-) heUl" werkd&y, the empleyee v:illbe pail! eigIH (8) a91iFS Itelid&y pay. The 8mJ'leyee .:rill &eeRie eight (&) aellfS af keliaay time, "Nselt .,;rill he 131aeea 9ft the 81BJ31eyee's HaJiaa)' ..^..:eeot:mt t9 he aBes BY the empleyee at a later sate. Baell. DEljl&.. h"eat Heaa shall eSllsil!er eHlj31eyees' fellliests fer seilssliliag the sixteell (16) Helisay ..\eeetmt BSlU'S per ealesaal' year pFe~;.iaes liev.~ever, the fiReI right te elley/ tHe aeW'S te be ehserves is reservea enekisi"/ely BY the Dep_L....eat Heaa. The D~_b..L.Leat Heaa 7:ill BSt 1:IfifeassB8hly 17ithhald psanissieB ta take time efI. OR City deaigHlItel! hslidays, Hew empleyees 'l.'itII. leos theft SilL (6) meftths ef eefttilmeltS seRiee "."lith tJ3.e City ~ill reeeive eight (8) Ra1:lfS aflt9liday pay ana "."/ill he aele t9 "elFa":1 ae~lJi" aHe (1) af 1\"/8 (2) RellFS Ham tJieir Ralisay aeeellBt aepeBsiBg tilleR .:.4tether they Bfe ..'~arIang a 9/80 ef a 4/1 g sell.edllle. They may alae sleet te UlI.e eHe (1) ef twe (2) hellfS ef He pay. 20 Mid-Management MOU c c c If HEW! empleyees eleet to .8-".'"' ae\'.'B fr-em tlte HaJiaa)' aeeeant, the Rears Hsee .....iIl1:Je 8e8Setea Rem tft8 si1rteeB (16) aeliaa-y aeeeHnt aeUTS ~ey Feeei.,e lIf'8B the eSHlflletisB sf sbt (6) meaths af ee1Hitm8Hs s8f"/iee. In the ~/eBt af an eligihle 8fBI31eyee's failllT6 fer any TeaseR t8 take SlieR asliday aeeeant hears ElariBg the tel'lR sf this MOO, the 8IBj3lsyse shall be paid fer ills/her hsliday aeeslHlt 13818968 HpeR SepafatiSR Hem tHe City. B. Holidav Account: Effective each January Ist. unit emnlovees will receive sixteen (16) hours in their Holidav Account (formerly known as F1oatin!! Holidavs). Emnlovees may maintain a balance of more than sixteen (16) hours in their holidav account durin!! the fiscal Year. at June 30tll of each year onlv sixteen hours will be carried over to the new fiscal year which be!!ins on Julv l't. Anv Holidav Account hours over sixteen (16) hours at June 30tb will be lost. The City and the union a!!ree to meet and confer within 30 days of the si2Qin!! of this MOD to discuss how City desil!nated Holidavs shall be differentiated from Holidav account hours on emnlovee Day stubs and time sheets. 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. If a holiday occurs on a normal day off for an employee, the employee shall receive no additional pay. The decision as to whether in-lieu time off or pay is to be received shall be based on the availability of funds and needs of the department, as determined by the Department Head. If in- lieu time off is directed by the Department Head, it may be added to the regular annual vacation period but must be taken within one (1) year of the date said in-lieu time was earned. Employees of the Public Services (Refuse) Division, except clerical employees and certain designated employees of the City Garage needed to support the Public Services (Refuse) Division operations, shall enjoy all the holidays listed above as they occur except November 11, the Friday after Thanksgiving Day and the holidays observed the day before Christmas' and the day before New Year's Day. Said employees shall receive an additional day's pay for each such holiday on which they are required to work. If such holidays occur on a normal day off for said employees, they shall receive no additional pay. D. Holidays as listed above shall be allowed on a Monday if any such holiday falls on Sunday and shall be allowed on the preceding Friday, if such holiday falls on a Saturday, for all employees except those covered by other provisions therein. At the beginning of each calendar year, the City will determine how many of the above holidays fall on a regularly scheduled day off. . An employee working on a 9/80 or a 4/10 schedule will accrue the equivalent number of hours of holiday time (holiday account) with one (1) holiday equivalent to eight (8) hours. 21 Mid-Management MOU c c c 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. 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 Familv Members: Nor 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 hislher immediate family as defined above. Sick Leave Usage for Emolovees: 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. No absence due to illness or injury in excess offorty (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 22 Mid-Management MOU c c c shall not be considered as a right, which an employee may use at hislher discretion, but shall be allowed only in case of necessity and actual personal sickness or disability, except as otherwise provided herein. Whenever an employee is compensated hereunder for sick leave or injury and has not had a vacation at the end of the current calendar year, he/she shall be allowed to take hislher vacation in the next calendar year, but must take said vacation prior to the time he/she returns to work after hislher illness or injury. Whenever the term "service to the City" appears herein, it shall be deemed to include all service of the City of San Bernardino, the San Bernardino Board of Water Commissioners and the San Bernardino Free Public Library Board. B. All full-time regular employees who have completed the first six (6) calendar months of continuous service with the City shall be granted a sick leave accumulation of 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. 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 - Pavment 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%) ofa 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 23 Mid-Management MOU c c 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 been an industrial injury or illness, they shall request an "Employee Claim for Workers' Compensation Benefits" form from the supervisor. The supervisor is required to give the employees this form within one (I) working day of the City being notified of the injury. 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 oftime during which the employee will be unable to perform the assigned duties, and if the disability is attributable to the "injuryinvolved." 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 Administrator for a period not to exceed six (6) months, upon the positive recommendation of the Department Head. Under justifiable conditions, said leave may be extended by the City Administrator for additional periods. Leave of absence without pay will be considered favorably if it is expected that the employee will return to duty and that at lease one (I) 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, C. For an employee who files for or assumes elected office. 24 Mid-Management MOU c c c 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 becomes effective after the fifteenth day of the month, unless the employee is returned to work from leave of absence without pay status prior to the date of the City's contribution would be discontinued. In the event the employee desires to maintain full health and life insurance coverage while on leave of absence without pay status, he/she may arrange to pay the insurance premiums for the coverage desired (both employee and the employer portions). It is the responsibility of the employee to contact the 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 mnst be made directly monthly thereafter to the insurance carrier until the employee either returns to work or hislher employment with the City is terminated. Upon an employee's return to work, the City's contribution towards the employee's health and life insurance premiums will begin on the first day of the month following the end of the leave of absence without pay if that leave of absence without pay 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 ofhislher employment with the City. In circumstances in which either the Federal Family Leave Act or the State Medical and Family Leave Act apply, the City shall adhere to the requirements ofthe Acts. Section 7 - Witness Leave Unit members shall be entitled to witness leave when subpoenaed to testify as a witness in civil litigation involving the City, such subpoena being properly issued by a court, agency or commission legally empowered to subpoena witnesses. This benefit shall not apply in any case in which the subpoenaed employee is a party to the action, unless the action arose in the course and scope of the employee's employment with the City. Witness leave shall not be charged 25 Mid-Management MOU c o c against any accumulated leave balances and shall be compensated at the employee's base hourly rate. An employee may not be denied leave to appear at a proceeding subject to a lawful subpoena. Section 8 - Blood Donations Employees in regular positions, who donate blood in the interest of the City without receiving compensation for such donation, may have the required time off with pay with the prior approval of the immediate supervisor for each such donation. This benefit shall not be charged to any accumulated leave; provided, however, if the employee is unable to work after such donation, time may be charged to accumulated sick leave or be taken as leave without pay. Evidence of each donation must be presented to the appointing authority to receive this benefit. Section 9 - Catastrophic Leave Upon request of an employee who is experiencing catastrophic illness, and upon approval of the Department Head, leave credits (vacation or floating holidays) may be transferred from one or more employees to the affected employee, under the following conditions: A. Sick leave accruals cannot be transferred among employees. 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 Administrator. F. An appeal will be considered on a separate basis, if denied. Section - Sick Leave Sell Back Sick Leave Sell Back: Effective January 1. 2003. emplovees 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. providinl! the employee has at least one hundred sixty (160) hours in their leave account after the sell back to be elimble. 26 Mid-Management MOU c c c Emolovees must comolete a sell back form. which must include the Deoartment Head's shmature. Forms must be submitted to the Finance Deoartment on or before Februarv 15th each Year. Payment for sick leave sell back will be oaid Cusinl! current Council aooroved salarv rates in the salarv resolution) on the emolovees March 30th oavroll check. ARTICLE VI- WORKING CONDITIONS Section 1 - WorkiD2 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 workweek 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 (8), nine (9) hour work days and one (1), 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 workweek consisting of four (4), ten (10) hour work days, exclusive of any meal periods assigned by management. The primary work schedule will continue to be the 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 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. 27 Mid-Management MOU c c c Section 2 - Phvsical Examinations The City. shall pay medical fees for the physical examination of any permanent member when such examination is required and directed by the City after employment. The City may arrange with a physician or medical group for such examination; or, if the situation warrants, the City may authorize an employee to be examined by a doctor of his/her choice. In the event an employee is authorized to be examined by a doctor of his/her choice, reimbursement shall be made by the City for the cost thereof provided, however, that the amount of the reimbursement shall not exceed the cost the City would have paid to its contract physician or medical group. Physical exams taken by a Middle Management employee on a voluntary basis are not reimbursable by the City. However, if a Department Head requires a Middle Management employee to maintain a Class A or Class B driver's license, such license exams as required will be scheduled with the City's contracting physician at no cost to the Middle Management employee. Section 3 - Drul! and Alcohol Testinl! 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 c c c 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 - Printinl! of Memorandum ofUnderstandinl! 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 Understandinl! This MOU will run for the period starting Julv 1. 2002. and endinl! June 30. 2004. Ifnegotiations 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 Februarv 2004, that such discussions are desired. Such notice shall request a meeting to begin negotiations and establish ground rules which shall include at a minimum the date beyond which no further proposals may be submitted by either party. 29 Mid-Management MOU c c c Section 6 - New EmDlovee Information 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 c o c MID-MANAGEMENT EMPLOYEES' MEMORANDUM OF UNDERSTANDING 2002-2004 Executed this day of ,2002. Mayor City of San Bernardino San Bernardino Public Employees' Association (SBPEA) ATTEST: City Clerk Approved as to form And legal content: 31 Mid-Management MOU c c c INDEX Subiect Pal!e Access to PersOlUlel Records ...................................................................................................1 0 Acting Pay................................................................................................................................11 Agency Personnel Rules ............................................................................................................5 Blood Donations ................................................................... ...................................................26 Bulletin Boards........................................................................................................................l 0 Catastrophic Leave.................................................................................................................. .26 Classification................................................................................... .........................................10 Definition of Terms....................................................................................................................4 Drug and Alcohol Testing............................................................................................... .........28 Employee Rights ........... ............................................................................................. ................9 Fines....................................................................................................................................... ..14 Grievance Procedure ......................................................:............................................ ...............7 Health/Life Insurance........................................................................;..................................... .15 Holidays .............. ........................................................................................... ....... ...................20 Injury Leave .............................................................................................................................23 Labor-Management Committee ................................................................................... ..............6 Leave of Absence Without Pay................................................................................................24 . Management Rights ...................................................................................................................5 New Employee Information...................................................... .................................. .............30 No Strike ............ ..................................................................... .................................... ...............6 Non-Discrimination ... .... ............................................................................................................9 Notice of Intent to Reopen .......................................................................................... .............29 Overtime .................... .... ............................................................. .............................. ...............12 Payment for Unused Sick Leave ..................................................................................... .........23 Payroll Deduction .................................................................................................. .................... 7 Persona Tool Allowance ............................................... .............................................. ...... .......15 PERS .......................................................................................................................................12 Physical Examinations .............................................................................................................28 Printing of Memorandum of Understanding.............................................................. ..............29 Probationary Period................................................................................................................ .28 Recognition ................................................................................................................................6 Seniority ................................................................................................................................. ..28 Severability ..............................................................................................................................29 Shift Differential.............................................. ....................................................................... .11 Sick Leave Sell Back ...............................................................................................................26 Sick Leave................................................................................................................................22 Special Certification Pay.................... .................... ................................................................ ..14 Term of Memorandum of Understanding ................................................................................29 Tuition Reimbursement ...........................................................................................................16 Uniforms ..................................................................................................................................16 Vacation ...................................................................................................................................18 Wage Differential.....................................................................................................................12 W ages.........................................................................:.............................................................11 32 Mid-Management MOU c o c Subiect Pal!:e Waiver Clause ..........................................................................................................................29 Witness Leave ..........................................................................................................................25 Working Conditions.................................................................................................................27 33 Mid-Management MOU . . ,. ',,j' . CITY OF SAN BERNARDINO Interoffice Memorandum -., '. ) ~ CITY CLERK'S OFFICE Records and Information Management (RIM) P~~I\'~ID ., " , . .... ..,. DATE: September 30, 2002 TO: Edward S. Raya, Director of Human Resources FROM: Michelle Taylor, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2002-301 At the Mayor and Common Council meeting of September 23, 2002, the City of San Bernardino adopted Resolution 2002-301 - Resolution implementing Memorandum of Understanding between the City and employees in the Middle-Management Bargaining Unit represented by San Bernardino Public Employees' Association (SBPEA). Attached is one (1) original agreement. Please obtain signatures in the appropriate location and return the original agreement to the City Clerk's Office as soon as possible, to my attention. If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you. Michelle Taylor Senior Secretary eipt of the above mentioned documents. Signed: Date: Please sign and return ~ . . 1"\' , ../ '- ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): Vote: Ayes '-'1 'cw- 23-0L Item # 12- Nays -b Change to motion to amend original documents: - Resolution # Abstain -h '2co z.. - 30, Absent -e Reso. # On Attachments: Contract term: - Note on Resolution of Attachment stored separately: ..:::.... Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Date Sent to Mayor: 1..[ - 2. 4 - 0 Z- Date of Mayor's Signature: -.3 -.;;15 -0? Date ofClerk/CDC Signature: Q-;;I6-o)... Date Memo/Letter Sent for Signature: ~-30-o d- NulllVoid After: - By: - Reso. Log Updated: V Seal Impressed: .,/ 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: ,,/ Date Returned: See Attached: See Attached: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distributed to: City Attorney / Parks & Rec. Code Compliance Dev. Services Police Public Services Water Notes: Yes ~ No By Yes No..L-.. By Yes No ,/ By Yes No-1- By Yes No By_ EDA Finance Y MIS Others: 1-+ R.. BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.) Ready to File: _ Date: Revised 01/12/01