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HomeMy WebLinkAboutR10-Redevelopment Agency () o o o o DBVELOl'IIIIIr DBP~.. OF mE CITY OF SA1f -nDnro JIBOIJlI:ST FOR CORIISSION/COIIIICIL ACTION From: DlmETH J. IIBNDIRSOR Executive Director Subject: BCOIlOlllC DBVBLOl'IIIIIr AGDCY PDSOIIIIBL POLICIES AID PROCBDUIBS FOR GIlIBIAL 1IIIT BIIPLOYBBS AID IIID--"& JUCRIl!l Date: April 11, 1991 ----------------------- Synopsis of PreYioWl C~..iODlCcnmc:il/C_ittee Action: On April 4, 1991, the Redevelopment Committee recommended these items be forwarded to the Community Development Commission for consideration. Rec....en4ed Action: lc.-.-.ft9' DIIY.l,......t c..-f..iOlll RESOLUTION OF mE c;lIl_u:r DBVELOl'IIIIIr CORIISSIOB OF mE CITY OF SAR BBlMRDIBO, APPIOVIIIG l!n'I'u. PDSOIIIIBL POLICIES AID PIOCBIlUUS FOR THE COII__.lTl DBVELOl'IIIIIr CORIISSIOR OF mE CITY OF SA1f RI!IIII&lmtJlO, ICOBOllIC DBVBLOl'IIIIIr AGaCY, GIlIBIAL mo:r BIIPLOYBBS AID CERTAIR PllSOIllUL POLICIIS AID PlOCBDUIIS FOR mE CDII_.Il.lfi DBVILOl'IIIIIr COIlIIISSIOR OF mE CITY OF SA1f IlBlIlIAIDIBO, BCOIIOIIIC DBVELOl'IIIIIr AGDCY, 1IID-P"W&CRlPR. AAIUIIliLII J. OR, bec:utbe Director Deye101lUllt Deps t --------------- ---------------------- Contact Person: Ken Henderson Phone: 5065 Project Area(s): All Proiect Areas Ward(s) : 1 throU2h 7 Supporting Data Attached: Staff ReDort: Resolution FUNDIRG REQUIREMENTS: Amount: .$ RIA Source: Budget Authority: CommissiODlCouncil Bates: KJH:lab:0157R /0 Agenda Item Ro: o o o o o DBVBLOPIIDr DBP~.[ STJI'F IIPORr nA Peraftftft-l Pollet.. aftA Proelldure8 for ~.r.l Unit bnlaye_ ...d JUA---..ers The Mayor and Common Council have previously authorized certain actions in connection with the restructuring of the Iconomic Development Agency (IDA). As a part of the restructuring of the Commission and decisions made relative to the approved organizational and staffing plan, staff has prepared personnel policies and procedures for IDA General Unit Employees and Mid-Managera. Due to the length and complexity of the documents in question, the pOlicies and procedures were previously provided to the Community Development Commission under separate cover (April 2, 1991). These items, in conjunction with the Management and Confidential Employee Compensation and Benefits Plan (this item is contained 'e1sewhere in your agenda packet), places all IDA employees under .Commission-approved personnel policies and procedures. Said policies and procedures have undergone extensive staff and legal review by the Agency and Special Counsel. In connection with the City Attorney's memorandum to the Mayor dated March 28, 1991, regarding the status of IDA employees, the changes recommended by the City Attorney, most importantly changing the status of IDA employees from City employees to Commission employees, have been made. The issues raised have been satisfactorily resolved by reason of the restructuring of the Commission as it is now being proposed. Staff recommend adoption of the attached resolution. ........~O., beC1ltive Director Develo.-ent DepartlHlnt LJlI: lab: 16311 CCIIUSSIO. IlEErIRG Meeting Date: 04/15/1991 o o 1 0 2 3 4 5 6 Item: 7 8 9 10 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA AGENDA April 15, 1991 o 1J. 12 Action to be Taken: 13 14 Certified copy of Resolution to be returned to Sabo , Green, a 15 Professional Corporation. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING CERTAIN PERSONNEL POLICIES AND PROCEDURES FOR THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, ECONOMIC DEVELOPMENT AGENCY, GENERAL UNIT EMPLOYEES AND CERTAIN PERSONNEL POLICIES AND PROCEDURES FOR THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, ECONOMIC DEVELOPMENT AGENCY, MID-MANAGERS Adopt Resolution. 16 _/JIOCH4.5 17 18 19 20 21 22 23 24 25 26 27 0 28 o o o 1 2 3 4 5 6 7 8 9 10 aused a restructurinq of its Community Development Department RESOLUTION NO. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING CERTAIN PERSONNEL POLICIES AND PROCEDURES FOR THE COMMUNITY DEVELOPMENT COMMISSION OF '!'HE CITY OF SAN BERNARDINO, ECONOMIC DEVELOPMENT AGENCY, GENERAL UNIT EMPLOYEES AND CERTAIN PERSONNEL POLICIES AND PROCEDURES FOR '!'HE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, ECONOMIC DEVELOPMENT AGENCY, MID-MANAGERS WHEREAS, the City of San Bernardino (the "City") has o 11 nd Community Development Commission (the "Commission") of the 12 ity of San Bernardino in order to promote the qoals and 13 ctivities of community and economic development and 14 edevelopment activities within the City; and 15 16 WHEREAS, in connection with the restructurinq of 17 reviously existinq City, Redevelopment Aqency of the City of 18 an Bernardino and Commission operations and functions, the 19 ommission deems it desirable to approve certain Personnel 20 olicies and Procedures for the Community Development Commission 21 city of San Bernardino, Economic Development Al;Jency, 22 Unit Employees, a copy of which is attached hereto as 23 "A" and incorporated herein by this reference; and 24 o 25 WHEREAS, also in connection with the aforesaid 26 estructurinq, the Commission deems it desirable to approve 27 ertain Personnel Policies and Procedures for the Community 28 evelopment Commission of the City of San Bernardino, Economic - 1 - o o o - - - o o 1 Development Aqency, Mid-Manaqers, a copy of which is attached 2 hereto as Exhibit "B" and incorporated herein by this reference; 3 and 4 5 WHEREAS, the Personnel Policies and Procedures 6 referenced hereinabove pertain to the activities and duties of 7 Commission employees in connection with the operation and 8 manaqement of the Economic Development Aqency. 9 10 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION . n ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF 12 SAN BERNARDINO, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND 13 ORDER AS FOLLOWS: 14 15 Section 1. The Commission hereby approves the 16 Personnel Policies and Procedures for the Community Development 17 commission of the City of San Bernardino, Economic Development 18 Aqency, General Unit Employees, a copy of which is attached 19 hereto as Exhibit "A" and incorporated herein by this reference. 20 21 Section 2. The Commission hereby approves the 22 Personnel Policies and Procedures for the Community Development 23 Commission of the City of San Bernardino, Economic Development 24 Aqency, Mid-Manaqers, a copy of which is attached hereto as 25 Exhibit "B" and incorporated herein by this reference. 26 27 28 - 2 - c o o 26 27 By: ~ - - u - - o o 1 2 3 4 5 6 7 8 9 10 t:t 12 13 14 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING CERTAIN PERSONNEL POLICIES AND PROCEDURES FOR THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, ECONOMIC DEVELOPIIENT AGENCY, GENERAL UNIT EMPLOYEES AND CERTAIN PERSONNEL POLICIES AND PROCEDURES FOR THE COMMUNITY DEVELOPIIENT COMMISSION OF THE CITY OF SAN BERNARDINO, ECONOMIC DEVELOPMENT AGENCY, MID-MANAGERS Sec1:ion 3. This Resolution shall take effect upon its adoption. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community Development Commission of the City of San Bernardino at a meeting thereof, held on the day of , 1991, by the following vote, to wit: commission Members: AID BAD ABSTAIN ESTRADA 15 REILLY FLORES 16 MAUDSLEY MINOR 17 POPE-LUDLAM MILLER 18 19 20 21 22 23 24 Secretary The foregoing resolution is hereby approved this day of , 1991. W.R. Holcomb, Chairman Community Development Commission of the City of San Bernardino 25 Approved as to form and legal content: Agency Counsel 28 IIII!OOOOIIDOC/44!l - 3 - o o 11- 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o 1 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) 2 CITY OF SAN BERNARDINO ) 3 4 5 6 7 8 9 10 ss I, Secretary of the Community Development Commission of the City of San Bernardino, DO HEREBY CERTIFY that the foreqoinq and attached copy of Community Development Commission of the City of San Bernardino Resolution No. is a full, true and correct copy of that now on file in this office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Community Development Commission of the City of San Bernardino this day of , 1991. Secretary of the com.unity Development commis.ion of the City of San Bernardino o o o PERSONNEL POIJCIES AND PROCEDURES For THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY GENERAL UNIT EMPLOYEES o April 15, 1991 o o o 0 Section ~ ARTICLE I 1.1 Recoqnition 1 ARTICLE II 2.1 Kanaqement Riqhts 1 2.2 Exercise of Manaqement Riqht Powers 2 ARTICLE III 3.1 Salary Schedule 3 3.2 General Provisions 3 3.3 General Unit Member's Sal'ary Schedule 4 3.4 OVertime Compensation 4 3.5 Holiday Provision 5 : 3.6 Call-Back provision 5 3.7 Shift Differential 6 3.8 Hiqher Actinq Classification Pay 6 ARTICLE IV 4.1 Group Insurance Plans 7 0 4.2 Retirement Health Coveraqe 8 4.3 Mileaqe Allowance 8 4.4 Income Protection Plan 8 4.5 Life Insurance 9 4.6 Personal Safety Items 9 4.7 Disability Leave 9 4.8 Personal Leave 9 4.9 Holidays 10 4.10 Jury Duty 11 4.11 other Leave of Absence 12 4.12 Sick Leave 13 4.13 Vacation Accrual 15 4.14 Education Tuition Assistance 17 4.15 Public Employees' Retirement System 20 4.16 OVeraqe and Shortaqes 20 o (i) 0 0 ARTICLE V 0 5.1 Grievance Definition 20 5.2 Grievant Definition 21 5.3 Representatives 21 5.4 Days 21 5.5 Time Limitation and Waiver 21 5.6 STEP 1 21 5.7 STEP 2 21 5.8 STEP 3 22 5.9 STEP 4A 22 STEP 4B 22 5.10 Hearinq Procedure 22 5.11 Final Decision 22 ARTICLE VI 6.1 Reduction in Force 22 ARTICLE VII .. 7.1 Dues Deduction 23 ARTICLE VIII 8.1 Discrimination 23 0 o (ii) o o o o o PERSONNEL POLICIES AND PROCEDURES FOR THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY GENERAL UNIT EMPLOYEES These Personnel Policies and Procedures (hereinafter "Policies") have been approved by the COIIIIIunity Development COIIIIIission of the City of San Bernardino (the "Co_ission") for the General Unit Employees of the Economic Development Agency (the "Agency"). These Policies shall be effective upon approval by the co_ission and shall remain in effect year-by-year until modified, amended or terminated by the co_ission. . ARTICLE I RECOGNITION The Agency recognizes the General unit positions covered by these Policies that exist in accordance with Appendix "A", which relate to the Agency administrative personnel and the Development Department. 1.1 ARTICLE II MANAGEMENT RIGHTS 2.1 It is understood and agreed that the Agency retains all of the powers and authority as set forth in Article 4.0 of the Statement of Policy as follows: In order to ensure that the Agency is able to efficiently carry out its functions and responsibilities as imposed by law, the Agency has the exclusive right to _nage and direct the performance of Agency services and the work force performing such services; therefore, the following matters shall be within the exclusive discretion of the Agency. These rights include, but are not limited to, the exclusive right to: (A) Determine the mission of each of its operations. (B) Establish the merits, necessity or organization of any service or activity provided by law. (C) Direct the work of the Agency employees. (D) Set standards of service. 1BB01OOO1\D0C\412 April 9, 1991 o o o o o (E) Determine the overall responsibilities of _ployees assiqned to carry out the various operations of the Aqency. (F) Take disciplinary action. (S) Take all necessary action to carry out the functions of the Aqency in emerqency situations. (H) Determine the methods, means, and personnel by which operations are to be conducted. (1) Determine the budqet and orqanization of the Aqency. (J) Layoff _ployees because of lack of work, chanqe in _phasis or for other leqitimate reasons, as authorized under Civil Service Chapter 5, Rule No. 511. (K) Determine the content of jOb classifications. (L) (M) (N) Expand or diminish services. Subcontract any work or operations. Determine the size and composition of the work force and determine work assiqnments. Establish and assiqnments. (P) Establish the days and hours when employees shall work. (0) chanqe work schedules and (Q) Establish reasonable work and safety rules and requlations in order to maintain efficiency and economy desirable in the performance of Aqency services. . (R) To hire, promote, demote, transfer, terminate lnd classify _ployees within the Aqency. 2.2 Exercise of Manaaement Riaht Powers: SBBO\lIOO1\D0C\412 The exercise of the foreqoinq powers, riqhts, authority, duties and responsibilities by the Aqency, the adoption of policies, rules, requlations and practices in furtherance thereof, and the use of judqment and discretion in connection therewith, shall be limited only by the specific and express terms of these Policies, and -2- April 9, 1991 o o o o o then only to the extent such specific and express terms are in conforaance with law. ARTICLE III SALARIES 3.1 Salary Schedule: The salary schedules listed in Section 3.3, applicable to General Unit members, shall be used for the purpose of assiqninq ranqe and step classifications. The salary schedule shan be effective upon approval by the COlDIDission. 3.2 General provisions: . 8BBOIOOO1\D0C\412 (A) All new ..ployees shall be placed at a minimum at Step A of the "General ElDployees' Salary Schedule," and shan be subject to a six-month probationary period beqinninq on the first day of ..ployment. The Executive Director of the Development Department, a division of the Economic Development Aqency, or the Aqency Administrator, shall have the authority to appoint General Unit ..ployees to a step hiqher than step A. (B) On the first workinq day followinq the successful completion of the probationary period, the new employee shall be advanced to the "B" (or next) step of the "General bployees' Salary Schedule" currently in effect. This date shan be established as the General Unit member's "Anniversary Date." upon completion of each subsequent one-year period, the General Unit member shall advance throuqh the "C," "D" and "E" Steps of the schedule, provided that satiSfactory and positive recolDIDendations for advanc..ent have been submitted to the General Unit member's supervisor. Any General Unit ..ployee appointed at a step hiqher than Step A will not be eliqible for a step increase until eiqhteen (18) months have elapsed from the date of initial appointment and twelve (12) months have elapsed from the "Anniversary Date" as defined herein. (C) There shan be step advanc..ents throuqh the Salary Schedule until the "E" Step is reached, provided that satisfactory work perforaance evaluations have been maintained and positive recOllllendations for advancement have been submitted to the General Unit member's supervisor. Employee evaluations shan be -3- AprIl', 1991 o o o conducted within thirty (30) days prior to the "Anniversary Date" or the date specified by the supervisor for a special reevaluation. All salary increases shall be effective on the "Anniversary Date" or as specified by the Executive Director, Development Department, or the Agency Administrator, as appropriate, in cases of special reevaluations. After the General Unit member has reached STEP "F" of the Salary Schedule, the General Unit member's evaluations shall be conducted at least annually and shall be conducted within thirty (30) days prior to his "Anniversary Date." (D) , The assiqnment or reassiqnment of range and step classifications within the applicable Salary Schedule resulting from appointments, reClassifications, promotions, or demotions, shall be at the discretion of and subject to approval by the Agency. (E) An existing General Unit member being placed in a new classification (promotions or demotions) shall be subject to a six-month probationary period beginning at the first day in the newly assiqned classification. This date shall then be established as the General Unit member's new "Anniversary Date." In the event of an unsuccessful completion of the probationary period, the General Unit member shall then be returned to the range and step previously occupied, and the "Anniversary Date: shall remain as it was prior to the promotion. (See Civil Service Rule 500.3.) o 3.3 General Unit Member's SalarY Schedule - ISee ~nnendix A and B\: 3.4 OVertime Comnensation: o SBI!O\OOOIIDOCIC12 (A) A General Unit member who works more than forty (40) hours in anyone work week, will be paid. in accordance with the Fair Labor Standards Act. The first forty (40) hours of work will be paid at the straight time hourly rate irrespective of hours worked in anyone day. (B) Regardless of whether the employee is on an excused time off with pay status, hours not worked shall not count toward the forty (40) hours in anyone work week. Hours not worked include sick leave, personal leave charged to vacation, leave of absence, and Employee Association activities. -4- April', 1991 o o o o o 3.5 Holidav provision: 3.6 SIIEOIOOOI\D0C\412 (A) For the purpose of this article, holidays are those days designated in Article IV hereof. (8) Any General Unit member required to work on a holiday (with the exception of Christmas' Day, Thanksqivinq Day, July 4th and New Years Day), as part of the General Unit member's reqularly assigned work period, shall receive payment for the holiday at their reqular hourly rate of pay, plus payment at their reqular hourly rate of pay for all or any portion of the holiday actually worked. At the General Unit member's option, the General Unit member may elect to receive payment at his reqular hourly rate of pay for all or any portion of the holiday actually worked, and must schedule, accordinq to seniority within the next pay period, a day off at his reqular hourly rate of pay. This schedule must meet the approval of the General Unit member's supervisor. (e) A General Unit member required to be physically at work as a part of the reqularly assigned work period on Thanksqivinq, Christmas Day, July 4th or .New Years Day, shall receive payment for the holiday at their regular hourly rate of pay plus time and one-half of their reqular hourly rate of pay for all or any portion of the holiday actually worked, inclusive of shift differentials. At the General Unit member's option, the General Unit member may elect to receive payment at time and one-half of their reqular hourly rate of pay for all or any portion of the holiday actually worked and must schedule, accordinq to seniority within the next pay period, a day off at their reqular hourly rate of pay. This schedule must meet with the approval of the General Unit member's supervisor. (D) A General Unit member on a non-pay status the day before and/or after a holiday(s) designated in Article IV hereof shall not be entitled to holiday compensation. Call-Back Provision: (A) When a General Unit member is required to physically respond to a valid service call, he will be compensated at his reqular overtime hourly rate, commencinq from the time that the call was received -5- April 9, 1991 if' o o o o o and endinq at the time of return to his place of residence. (B) When a General Unit member is required to respond to a valid service call, he will be compensated at his regular overtime rate as set forth in Article III, Section 3.4. The "time worked," shall cOlDlDence from the time that the General Unit member receives the call and end at the time of return to his place of residence, except that in no case shall the General Unit member be paid for less than two hours. 3.7 Shift Differential: 3.8 8IIEOIOOOllDOClol12 General Unit members who are required to work swinq or qraveyard shifts will be paid a shift differential at the followinq rates: Swinq Shift Graveyard Shift $0.50 Per Hour $0.60 Per Hour These rates will be paid in addition to regular hourly rates, provided that a General Unit member is physically at work at least four (4) hours of the assiqned shift. Hiaher Actina Classification p.v: upon approval by the Executive Director, Development Department or the Aqency Administrator, as appropriate, a Mid-Manaqer may assiqn or reassiqn a qualified employee to discharqe the duties of a hiqher classification when a position is vacant, or in the absence of the incumbent, for a period not to exceed 120 workinq days. An _ployee so-assiqned in writinq by the Mid-Manaqer, with the approval of the Aqency Administrator, will serve an initial work demonstration period of 20 consecutive workinq days. After successful completion of the work demonstration period, the employee shall be compensated at the hiqher classification rate, retroactive to the date the General Unit member was first assiqned to the hiqher actinq classification. The entire period. of assiqnment at the hiqher classification, includinq the initial work demonstration period, may not exceed 120 workinq days. After the 120 workinq days as above has elapsed, a Mid- Manaqer may assiqn the employee to perform work in the hiqher classification for short periods of time as required by the workload of the department. Any employee so-assiqned shall receive compensation for all hours worked in the hiqher classification. -6- April', 1991 o o o ,-"-"~'" o 0 A period of 3 months must elapse before the eaploy.e can be reassigned to the higher classification for an additional 30 working days only. The 3 month interval of time shall be calculated from the last day of compensation for service at the higher classification. In such case, the reassigned eaployee will not be required to satisfy the initial 20-day demonstration period and will be eligible to receive the higher compensation cOlDlllencing with the first day of reassignment. An eaployee assigned to work in an Acting Higher Classification shall receive at least 5' above hiS/her current base rate of pay. ARTICLE IV BENEFI~S 4.1 GrOUD rn8urance Plans: SBEO\OOOI\IlOC\412 (A) The Agency shall maintain a program of aedical- health, dental, vision, life and accidental death and dismemberment in force for the benefit of all fUll-time, permanent employees. The Agency will continue to provide a choice by the eaploye. of a prepaid health car. medical plan (HMO) or an indemnity-type group health plan. To impleaent this, the Agency/COIDIIIission has approved participation in the medical health insurance benefit plan of the Public Employees' Retireaent Systea ("PERS") provided pursuant to the state Employees' Medical and Hospital Care Act, effective August 1, 1989. General Unit members will have available to thea amounts as are available to other General Unit members eaployed by the COlDlllission to utilize for Agency/ColDlllission approved benefit plans. Purchase of health insurance for dependent(s) is required in order to have access to the Agency's contribution for dep.ndent(s). Agency contributions not utilized on these plans are not usable in any other way and revert to the Agency if not utilized. . (B) Cafeteria monies may be redesignated or a change of plans may be made annually during the open enrollment period only. Plan additions and drops are permitted during open enrollment only, except for new dependents or the loss of one through divorce, death or maximum age of child. -7- ApriJ 9, 1!l91 o o o o o (C) It is incumbent upon the General Unit member to complete the cafeteria plan form, available from the Agency, in order to receive benefits. Cafeteria forma completed will be processed with the payroll for full month compensation only. General Unit members not signing up for the cafeteria plan will not receive the benefit of same. 4.2 Retirement Health Coveraae: '. (A) The Agency agrees to pay to PERS the sum of $16.00 per month toward the monthly premium for medical- health coverage only as outlined in Article 4.1(A) for each retiree that meets PERS eligibility criteria for coverage under their medical-health plan. The full-time General Unit members who retire may continue to participate in the health care plan, as outlined, provided the General Unit member makes the arrangements for premiums to be paid through the retireaent program. This benefit is dependent upon the continued approval of the insurance carrier. (B) After a full-time General Unit member retires with a minimum of twenty (20) years of service, and has attained the age of fifty-five (55), the Agency agrees to pay a monthly contribution as set forth herein, not including the amount set forth in Article 4. 2A, for medical coverage only for an eligible General Unit member's premium for a group health insurance plan as outlined in Article 4.1. MAXIMUM AGENCY CONTRIBUTION EFFECTIVE 7-1-90 EFFECTIVE 7-1-91 Ages 55-65 Over 65 $ 116.51 53.73 $ 132.41 62.10 4.3 Mil.Bas Allowance: General Unit members who are required to drive their personal vehicle in the performance of work duties will receive a mileage allowance of $.255 per mile for authorized Agency travel. 4.4 Income Protection Plan: SBEO\llOOIIDOCI412 Agency agrees to provide a fully paid income protection plan for extended illness or disability for all eligible General Unit members. The plan will provide 66-2/3% of -8- April 9, 1991 o o o o o salary benefit, until aqe 65, minimum 90-day waitinq period or until all sick leave is utilized at the option of the General Unit member prior to start of payments. 4.5 Life :Insurance: The Aqency shall maintain in full force and effect term life insurance coveraqe on full-time General Unit members in the amount of $20,000. 4.6 Personal Safetv Items: prescrintion Safetv Glasses: The Aqency aqrees to purchase prescription safety qlasses for those General Unit members workinq in classifications/work assiqnments desiqnated by the Aqency's Safety Committee. The employee shall be required to submit their prescription to the Aqency. The purchase of safety qlasses shall be limited to one (1) pair every two (2) fiscal years. 4.7. Disabilitv Leave: (A) If an employee sustains an injury durinq the course of his work performance which results in that General Unit member beinq absent from work, compensation shall be provided in accordance with the Workers' Compensation Insurance and Safety Act of California. (8) Durinq the first thirty (30) days of the General Unit member's disability or injury, he shall receive one hundred percent (lOOt) of his reqular compensation. If the General Unit member has not returned to work by the thirty-first (31st) day followinq the date of injury, disability compensation will be implemented. Upon the General Unit member's request, accrued sick leave credits may be utilized to supplement the temporary disability compensation to the extent that total compensation received will equal the amount of the General Unit member's reqular compensation. Utilization of accrued sick leave for supplemental payment shall cease with the termination of temporary disability, or at such time the General Unit member's accumulated sick leave credit is exhausted. 4.8 Personal Leave: A General Unit member may request a leave charqeable aqainst sick leave, not to exceed three (3) days per year, for the purpose of attendinq to personal business SIII!OIllllOl\1lOC\412 -9- April 9, 1991 o o o o o which cannot be transacted during non-duty hours so long as such General Unit .ember has sufficient sick leave available. Such leave .ust be approved in advance by the Executive Director, Development Departaent, or the Agency Administrator, as appropriate, and shall not accumulate from year to year. 4.9 Holid~vs: The Agency agrees to adopt the following holiday schedule: Independence Day Labor Day July 4th First Monday in September November 11th 4th Thursday in November Friday after Thanksgiving December 24th Veteran's Day Thanksgiving Day Day.After Thanksgiving Christmas Eve Day Christmas Day December 25th New Year's Eve Day December 31st New Year's Day January 1st Third Monday in January Last Monday in May Anytime between July 1 through June 30 Martin Luther King Day Memorial Day Two Floating Holidays * * Anytime between July 1 through June 30, the floating holidays may be taken with the prior approval of the General Unit .ember's immediate supervisor after the General Unit member's successful completion of the six- month probationary period. The Agency reserves the right to assign work on any of the holidays designated above, provided that any General Unit member required to work on a holiday shall be paid in accordance with Paragraph 3.5 of these Policies. NOTE: If the Christmas and New Year's holidays occur on Mondays, these holidays and holiday eves will be observed on Mondays and Tuesdays. SBEOIOOOI\D0C\412 -10- April 9. 1991 o o o All General Unit members will be granted the preceding holidays at full compensation in accordance with Article III, Section 5 hereof. If a holiday occurs on Sunday, it shall be observed on the following Monday. Holidays occurring on Saturday will be observed on the preceding Priday. If a General Unit member's scheduled day off occurs on an observed holiday, the General Unit member shall schedule, within the next pay period, a day off at his regular hourly rate of pay. This schedule must meet the approval of the General Unit member's supervisor. 4.10 Jurv Dutv: Every General Unit member of the Agency who is officially called to serve as a court trial juror shall be entitled to be absent from their duties during the period of such jury duty. Q If a General Unit member who is assigned to a regular daytime work period is called to serve jury duty commencing at 8:00 a.m., and such jury duty does not exceed four (4) hours duration, it shall be the responsibility of the General Unit member to report to work within a reasonable tiae after being released from jury duty on that day. Should jury duty exceed four (4) hours duration on any regularly scheduled work day, the General Unit member shall not be required to report for work on that same day following his release from such duty. If a General Unit member's work period commences at a time other than daytime hours, and that General Unit member has served in excess of four (4) hours jury duty during the day prior to the cOlllllenc_ent of the work period, that General Unit member shall not be required to report for work at the commenc_ent of his regularly scheduled work period. If the General Unit member has served less than four (4) hours jury duty, he shall report for work at the scheduled time. . When called for jury duty, the General Unit member shall promptly notify his immediate supervisor of any intended absence from work resulting from such duty. If a General Unit member fails to prolllptly report notification of jury duty, or is absent without proper notification, the General Unit member shall be considered absent without leave on a non-pay status. o S8E0IllOOI\D0C\412 -11- Aplil9, 1991 o o o 4.11 1IlIlO\IIlIOI1DOC\412 o 0 While serving on official jury duty, a General Unit member shall be compensated at thiB regular rate of pay, provided that all fees paid to the General Unit member of jury duty ere surrendered to the Agency. Automobile expenses related to jury duty are ex_pt from this requir_ent. O~er Leave of Ab...nce: (A) (8) Under certain conditions, a General Unit member may be granted leave of absence without pay. In order to receive consideration, a written request, stating the specific reasons for the leave of absence and the proposed duration thereof, must be submitted to the co_ission. If the COI1I1ission determines that the leave of absence is justified, the _ployee may r_ain absent from work in a non- pay status for an approved period of time. The General Unit .-bar may have the option of using his accumulated sick leave and vacation leave in its entirety prior to a leave of absence without pay. A request for an extension of leave of absence must be submitted not later than two (2) weeks prior to the expiration of the current leave of absence. During an authorized leave of absence, vacation, sick leave and retirement credits shall not accrue. Upon the General Unit member's return to service, the accrual of vacation, sick leave and retirement credits shall resume. It will be the General Unit member's responsibility to assume payment of the pr_iUll8 for all applicable health, medical and life insurance policies during the period of the leave of absence. Any General Unit m~ who enters the Armed Forces of the United states during war or national _ergency, as declared by the President or Congress of the United states, shall be entitled to a leave of absence without pay for the duration of such service and for a period of ninety (90) d,ys thereafter. Any General Unit member returning to the Agency within the specified time, and who has been honorably discharged from military service, shall be reinstated to his former position without loss of status or seniority, provided he is not physically or mentally incapacitated from the performance of military duties. Any person selected to fill a position vacated by a General Unit member called to military service will be considered a t_porary appointee only. -12- ApriJ 9, 1991 o 4.12 .. o o SB1!O\OOOI1DOCI412 o o (C) General Unit members shall be entitled to military leave ,in accordance with applicable law. Sick Leave: (A) Upon completion of six (6) months of continuous full-time amployment, a General Unit member will be credited with six (6) days (forty-eight (48) hours) of sick leave. Thereafter, sick leave accrues at the rate of 3.7 hour. per pay period, or one (1) day (eight (8) hours) per month. If a General Unit member ramains in a non-pay status for fifty percent (50t) or more of the total normal work hours in the pay period, sick leave credit will not be earned for the entire pay period. Authorized vacation, sick leave, holidays, or other compensated time off shall be considered as time worked for the purpose of computing accrued sick leave. General Unit members shall not accrue sick leave during the period of an authorized leave of absence without pay, or the duration of compensated disability leave resulting from a work-related injury. The accrual of sick leave will be unlimited with no maximum allowance. (B) Sick leave means the absence from duty of a General Unit member because of illness or injury, exposure to contagious disease, attendance upon a member of his immediate family who is seriOUSly ill, or death in the General Unit member's immediate family. Members of an immediate family are considered to be a General Unit member's spouse, grandmother, grandfather, grandchildren, mother, father, sister, brother, son, daughter, mother-in-law, father-in- law, sister-in-law, brother-in-law, son-in-law and daughter-in-law. Sick leave shall not be considered as a discretionary General Unit member's right, and will be allowed only in case of actual necessity resulting from personal sickness, disability, attendance to an immediate family member, or as otherwise provided in this Article. (C) All eligible General Unit members who are compelled to be absent from work due to illness or injury, other than that caused by or resulting from their own moral turpitude or injudicious actions, or that which is compensable under Article 4.10 of this Section, shall be entitled to receive full compensation for each day of accrued sick leave -13- April 9, 1991 o ... o o SBEDIOllOl\D0C\412 o o used. A day, as referred to herein, shall mean a normal eight (8) hour work period. In order to receive sick leave compensation, the General Unit .ember must notify his ~ediate supervisor prior to or within thirty. (30) minutes after the time set for beginning of a work day. In case of an accident or _ergency, the General Unit member or his representative should contact the immediate supervisor at the earliest possible time and explain the circumstances necessitating the General Unit member's absence. (D) Where there i. reason to believe that a General Unit member has abused any paid leave, the Agency may, require that the General Unit member submit a doctor's certificate, affidavit, or other documentation, on forms prescribed by the Agency, as verification and substantiation of the absence. A failure to provide the required documentation will result in the deduction of salary for the days of absence and may result in disciplinary action. (E) During any calendar year, not more than five (5) days of leave may be granted for each absence due to the death of a member of the General Unit member's immediate family. (F) At such time a General Unit member completes his first year of regular employment, he may exercise one of the following options: (1) At the end of any fiscal year, a General Unit member who has not used more than three (3) days of sick leave (either sick or personal charged against his sick leave), may request that one (1) day of credit be applied to his vacation. The eight (8) hours of credit will not be subtracted from the General Unit member's sick leave accrual. (2) A General Unit member may elect to have the eight (8) bonus hours added to his sick leave earned during the fiscal year. Once an option is selected, it cannot be changed at a later time during the fiscal year. (G) The Agency agrees that upon retirement or death, fifty percent (Sot) of accrued sick leave will be paid to the General Unit member or the General Unit member's beneficiary. Payment for unused sick leave shall be made provided that in no event shall -14- April 9, 1991 .J U o o o such compensation exceed one hundred and forty-four (144) workinq days of such leave. A General Unit member who has more than twenty-five (25) years of service as of April 1, 1984 and has accrued 1920 hours or more of sick leave, shall not have any compensation limit on such leave. 4.13 Vacation Accrual: Full-time General Unit ..,..bers shall accumulate vacation leave in accordance with the followinq schedule, and shall take such leave accordinq to seniority with the prior approval of the General Unit member's supervisor. (A) Upon completion of one (1) year of continuous full time employment with the Aqency, the Redevelopment Aqency of the City of San Bernardino, the City of San Bernardino, or the Community Development commission of the City of San Bernardino, and thereafter up to and includinq five (5) years of continuous full time employment, each General Unit member shall be allowed ten (10) workinq days vacation with pay per year. Vacation shall accrue at the rate of 0.833 workinq days per month, but shall not exceed ten (10) workinq days in anyone year. o (D) (B) Upon completion of five (5) years of continuous full-time employment, and thereafter up to and includinq fifteen (15) years of continuous full- time employment, each General Unit member shall be allowed fifteen (15) workinq days vacation with pay per year. Vacation will accrue at the rate of 1.25 workinq days per month, but shall not exceed fifteen (15) workinq days in anyone year. (C) Notwithstandinq Subparaqraph (B) above, upon the completion of the tenth (10th) year of continuous full-time employment, the General Unit member shall be allowed twenty (20) workinq days vacation with pay. This twenty (20) workinq days vacation shall be at the completion of the tenth (10th) year only. Thereafter, throuqh and includinq the fifteenth year vacation will be aqain calculated in accordance with Subparaqraph (B) above. Upon completion of fifteen (15) years of continuous full-time employment, and thereafter up to and includinq twenty (20) years of continuous full-time employment, each General Unit member shall be allowed twenty (20) workinq days vacation with pay per year. Vacation will accrue at the rate of o SBEOIOOOI\D0C\412 -15- April 9, 1991 c o o S8E01IlOO1\D0C\412 o o 1.667 working days per month, but shall not exceed twenty (20) working days in anyone year. (E) Upon completion of twenty (20) years of continuous full-time employment and thereafter, each General Unit member shall be allowed twenty-five (25) working days vacation with the pay per year. Vacation will accrue at the rate of 2.0833 working days per month, but shall not exceed twenty-five (25) working days in anyone year. (F) Vacation credits may not accumulate beyond a maximum of two (2) years. Any vacation taken during anyone (1) year may be the maximum of two (2) years' accrual, and may not be taken jointly with the vacation of the preceding or subsequent years. A period of at least three (3) months must elapse between the expiration of the accrued combined vacations and any subsequent vacation. The assignment and/or requests of vacation periods will be subject to the approval of the Executive Director, Development Department, or the Agency Administrator, as appropriate. (G) General Unit members shall have the option of receiving payment at their reqular rate of pay for one (1) week, forty hours (40), for their vacation time once each fiscal year, provided that they have accumulated a minimum of three (3) weeks vacation credits. If an authorized holiday occurs within a General Unit member's vacation period, that General Unit member shall not be charged vacation time for that holiday. (H) When a General Unit member leaves the service of the Agency, and has not used earned vacation since his last anniversary date, payment shall be made to the General Unit member for the earned portion of his vacation, accrued to the date of termination. If a General Unit member terminates prior to his next anniversary date, and has received a vacation with pay, a deduction for the unearned portion of vacation shall be made in the General Unit member's final pay period. Calculations of payment for earned vacation or deduction for unearned vacation upon termination shall be in accordance with applicable salary schedules. (I) If a General Unit member remains on a non-pay status for fifty percent (50%) or more of the total normal work hours in the pay period, vacation credit will not be earned for the entire pay -16- April', 1991 o o o o o (J) period. Authorized vacation, sick leave, holidays, or other compen.ated time off .hall be considered as time worked for the purpose of computing accrued vacation. General Unit members shall not accrue vacation l_ve during the period of an authorized leave of absence without pay, or the duration of compensated disability leave resulting from a work related injury. Vacation credits may be taken off in increments of not less than half (1/2) days with prior Agency approval, except for personal leave charged to vacation. (K) For purposes of computing vacation accrual, a General Unit member who was a full-time employee of the City of San Bernardino, the Redevelopment Agency of the City of San Bernardino or the COlIIDunity Development COlIIDission of the City of San Bernardino and transfers to the Agency as a new employee, shall have the years of service to the City of San Bernardino counted as continuous full- time employment with the Agency. 4.14 Education Tuition Assistance: SIII!O\OODllDOCl412 Section 1. Pumases (A) To encourage the employees of the Agency to take college courses and special training courses which will better enable them to perform their present duties and prepare them for increased responsibilities. (B) To provide financial assistance to eligible General Unit members for education and training. (C) To establish eligibility requirements, conditions and procedures whereby such assistance may be provided. Section 2. Eliaibili~v (A) Applications for tuition reimbursement will be considered only from full-time, permanent Agency employees who have completed probation. (B) Reimbursement is not authorized for courses for which the employee is receiving financial assistance from other sources such as the GI Bill, scholarships, etc. -17- A,riU,lll9l o ~ o o SBBOIOOOlIDOC\412 - o o (C) 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. (D) Courses not ostensibly related to the employee's job, but which are required to qualify for a deqree that is directly related to his job may be reimbursable, only after all required occupationally-related courses have been completed. (E) Prior to receivinq tuition reimbursement, employees must submit documentary proof of havinq received a qrade of not less than "C" for the course. If objective ratinqs are not rendered for a specific course, then a certificate of successful completion must be submitted. (F) Approval will be limited to courses qiven by accredited colleqes and universities, city colleqes or adult education courses under the sponsorship of the Board of Education. Workshops, seminars, conferences and similar activities not identifiable as a formal course of instruction within the curriculum of a recoqnized educational institution do not fall within the purview of this proqram, but may be authorized and funded by the Aqency upon approval of the Executive Director, Development Department, or the Aqency Administrator, as appropriate. (G) 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 Aqency. Section 3. Reimbursement (A) Reimbursement will be for the cost of tuition or reqistration fees and the required texts and related material for each course. Additional expenses such as meals and parkinq fees are not reimbursable. (B) Costs for required texts are eliqible for one hundred percent (l00') reimbursement subject to the followinq conditions: (1) That a duplicate of the required text(s) was unavailable for loan from the Aqency's library prior to the commencement of course work; -18- April 9, 1991 o o o SBEO\OOOI1DOC\412 o o (2) (C) That any textbook(s) purchased by the Agency shall be turned in for placement in the library maintained by the Agency in order that such text(s) may be _de available to all employees. tuition or registration costs of fifty dollars ($50.00) or less are eligible for one hundred percent (loot) reimbursement. Tuition costs in excess of fifty dollars ($50.00) are eligible for seventy-five percent (75t) reimbursement. Maximum tuition reimbursement per semester is two hundred dollars ($200.00). NOTE: Summer session shall be counted as separate "semester" for purposes of this provision. (D) Employees shall be limited, for purposes of tuition reimbursement, to a _ximum of two (2) collegiate level courses of not more than a total number of units equivalent to six (6) "semester" units per semester. One (1) "quarter" unit shall equal two- thirds (2/3) of one (1) "semester" unit. Section 4. Procedures (A) An employee who desires to seek tuition reimbursement under the provisions of this Article must complete, in triplicate, an Educational Reimbursement Form, and submit it to his or her immediate supervisor for advance approval. (8) The immediate supervisor will recommend approval or disapproval and forward the Educational Reimbursement Form to the Executive Director, Development Department, or the Agency Administrator, as appropriate, for final action. (C) One copy will be returned to the employee, a copy will be retained by the Executive Director, Development Department or the Agency AdministratClr, as appropriate, and the triplicate will be returned to the immediate supervisor. 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 Article prior to the inception of the course. (D) The employee will submit his or her copy of the approved application to the Executive Director, Development Department or the Agency Administrator, as appropriate, for reimbursement within three (3) -19- April 9, 1991 o o o - o o months after completion of the course and final grade bas been received. The employee must include official verification of bis or ber final grade with appropriate receipts for tuition and textbook costs. These will be returned to the employee upon request. Applications not submitted to. the Executive Director, Development Department or the Agency Administrator, as appropriate, within three (3) montbs following completion of the course become void. (E) upon receipt of the application and required documentation, the Executive Director, Development Department or the Agency Administrator, as appropriate, will determine wbether the completed course of instruction is compatible with the provisions of Section 2 and 3 of this Article. If found to be compatible, the Executive Director, Development Department or tbe Agency Administrator, as appropriate, will compute the amount of '. reimbursement, authenticate the application, and forward it with authorization to reimburse the employee the approved amount. 4.15 Public balov.es' Re~ir.1Ilent Svst8m: The Agency will pay all of the employee'S standard PERS contribution to the State Retirement system credited to the employee's personal account as a fringe benefit. 4.16 Overaaes and Sho~aaes: The Agency agrees that General Unit members assigned to receive and/or disburse funds for the Agency sball not be held liable for shortages, except in the case of fraud, embezzlement or any other illegal act. All overages shall be the property of the Agency. This section does not relieve the General Unit member from being accountable for errors for purposes of performance evaluations and disciplinary actions. ARTICLE V GRIEVANCE PROCEDURE 5.1 A "grievance" is an allegation by a grievant that he has been adversely affected by a violation, misinterpretation, or misapplication of the provisions of these Policies or of the law, ordinances, resolutions or regulations affecting wages, bours or other conditions of employment. A "grievance" shall not be applicable to disciplinary actions implemented by an immediate -20- SBEOIOOOlIIlOC\412 ApriJ 9, 1991 o o o supervisor with respect to a General Unit member. Actions to challenqe or chanqe the qeneral policies of the Aqency as .et forth in the rule. and regulations of admini.trative requlation. and procedure. mu.t be undertaken und.r .eparat. leqal proce..... Other matters for which a specific method of r.view i. provided by law or by the admini.trative requlations and procedures of the Aqency are not within the .cope of this proc.dure. A "qrievant" may be any employ.e or qroup of employees exceptinq manaq.ment/confidential, mid- manaqement/.upervisory, or contract employees. Representatives: The General Unit member, manaqement, or Aqency may be represented durinq any step of the procedure by any per.on de.iqnated by such party to act on'his behalf. Days: Reference to days reqardinq time periods in this procedure shall mean work days. A work day is defined as all weekdays not desiqnated as holidays as defined in Article IV, Section 4.11. Time Limitation and Waiver: A qrievance shall not be valid unless it is submitted to the Aqency'. desiqnee on the prescribed form (see Appendix "C") settinq forth the facts and the specific provisions of the Policies alleqedly violated and the particular relief souqht within ten (10) days after the date of the event qivinq rise to the qrievance occurred. Failure to file any qrievance within such period shall be deemed a waiver thereof. Failure to appeal a qrievance from one level to another within the time periods hereafter provided shall also constitute a waiver of the qrievance. Failure by the Aqency's representative to issue a decision within the time periods provided herein shall constitute a denial of the qrievance and the qrievant may appeal to the next level. The Aqency's representative, prior to issuinq a decision in step 2 or Step 3 shall meet with the qrievant and his representative, if any. 5.6 STEP 1: Informal Conference: Prior to filinq a qrievance, the General Unit member, with or without his representative, must discuss the qrievance with his immediate supervisor in an effort to adjust the alleqed qrievance informally. 5.2 o 5.3 5.4 5.5 5.7 STEP 2: If the qrievance is not resolved throuqh the informal conference with the immediate supervisor, the General Unit member may file a qrievance with his immediate supervisor within the time prescribed in o SBBOIOOOl1DOC\412 -21- April', 1991 - o o o paragraph 5.5. The division head shall give his written decision to the grievant within ten (10) days after receipt of the grievance. STEP 3: If the grievance is not resolved in Step 2, the grievant shall have ten (10) days after receipt of the STEP 2 decision to file a written appeal to the Executive Director, Development Department. The Executive Director, Development Department, shall give his written decision to the grievant within fifteen (15) days after receipt of the appeal. STEP 4A: Mediation: After a decision is issued at Step 3 and prior to appeal to Step 4B, the parties may jointly agree to submit the dispute to the Agency Administrator for .ediation. If the dispute is not resolved in mediation, the grievant shall have ten (10) days after the meeting date with the mediator to appeal to Step 4B. STEP 4B: In the event the grievance is not resolved at Step 3 or .ediation, the grievant shall have ten (10) days after receipt of Step 3 decision or ten (10) days after the last day of .ediation, whichever is applicable, to file a written appeal with the Commission. The Commission shall give the grievant written notice of the date and ti.e of the hearing which shall be conducted within forty-five (45) days after such notice is given. Hearing Procedure: The hearing shall be conducted before the Commission. Both parties may call witnesses, cross examine witnesses, and introduce exhibit. into evidence. The Commission shall determine matters of procedure and rule on questions of evidence. The grievant may, if he chooses, be represented by counselor other person of his choosing. 5.11 Final Decision: Within twenty (20) days after the hearing, the commission shall give its written decision to the grievant, which decision shall be final and binding. . 5.8 o 5.9 5.10 ARTICLE VI REDUCTION IN FORCE 6.1 The Agency may layoff a General Unit .ember because of shortage of work, lack of funds, change in emphasis, material change in duties or organization, or for other valid reasons. The Agency will advise all General Unit members of the Agency of any reduction in force. o 1JIIlOIOOD11DOCI412 -22- April 9, 1991 () o o 7.1 8.1. ~ -- o o ARTICLE VII DISCRIMINATION There shall be no diacrillination on the part of the Agency because of the race, creed, color, .ex, age, national origin or political or religious belief, or physical handicap of any employee. This Article .hall not be subject to the grievance procedure, unless the alleged act of discrimination is without remedy under Federal, State or local law. Whenever the masculine form of the word is used in these policies it also includes the feminine gender unless the context clearly indicates a contrary intent. ARTICLE VIII SAVINGS CLAUSE Should any provision of these POlicies, or any application thereof, be unlawful by virtue of any Federal, State or local laws and regulations, or by court decision, such provision 8hall be effective and implemented only to the extent permitted by such law, regulation or court decision. But in all other respects, the provisions of these Policies shall continue in full force and effect for the term thereof. APPROVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ON BEHALF OF THE ECONOMIC DEVELOPMENT AGENCY THIS DAY OF , 1991. SIII!OIllOOIIDOCI412 -23- April t. 1991 1/ , o o o PERSONNEL POUClES AND PROCEDURES FOR THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY MID-MANAGERS o April 15, 1991 o o o 0 section EAsm ARTICLE I 1.1 Recognition 1 ARTICLE II 2.1 Manaqement Riqhts 1 2.2 Exercise of Manaqement Riqhts 2 ARTICLE III 3.1 Salary Schedule 3 3.2 overtille Compensation 3 3.3 " Holiday Rate of Pay 3 3.4 Shift Differential 4 3.5" Education Incentive Pay 4 ARTICLE IV 4.1 Reqular Duty Hours 5 4.2 Assiqnment of Overtime 5 4.3 Call-Back Status 5 0 ARTICLE V 5.1 Group Inaurance Plans 5 5.2 Life Insurance 6 5.3 Health Coveraqe - Retirement 6 5.4 Personal Safety Items 6 5.5 Income Protection Plan 7 5.6 Mileaqe Allowance 7 5.7 Education TUition Assistance 7 ARTICLE VI 6.1 Administrative Leave 10 6.2 Sick Leave 10 6.3 Disability Leave 12 6.4 Personal Leave 13 6.5 Jury Duty 13 6.6 Other Leave of Absence 14 ARTICLE VII 7.1 Holidays 15 o (i) o o 0 ARTICLE VIII 8.1 Vacation Schedule - starting 16 8.2 Vacation Schedule - Five Years 16 8.3 Vacation Schedule - Tan Years 16 8.4 Vacation Schedule - Fifteen Years 16 8.5 Vacation Schedule - Twenty Years 17 8.6 Vacation Accrual and Use - Seniority 17 8.7 Vacation - Buy Back One Week 17 8.8 Vacation - Termination, Payment 17 8.9 Vacation - credits 17 8.10 Vacation - Increments 18 ARTICLE IX 9.1 Grievance Procedure - Definition 18 9.2 -Grievant- - Who Qualifies 18 9.3 Representatives 18 9.4 Days 18 9.5" Ti.e Limitation and Waiver 18 9.6 STEP 1 19 9.7 STEP 2 19 9.8 STEP 3 19 9.9 STEP 4A 19 STEP 48 19 9.10 Hearing Procedure 19 0 9.11 Final Decision 20 ARTICLE X 10.1 Reduction in Force 20 ARTICLE XI 11.1 Discrimination 20 11.2 Not Subject to Grievance Procedure 20 11.3 Masculine - Feminine Gender Form 20 ARTICLE XII 12.1 Savings Clause 20 o (ii) o o o o o PERSONNEL POLICIES AND PROCEDURES FOR THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY MID-MANAGERS These Personnel Policies and Procedures (hereinafter "POlicies") have been approved by the Community Development Commission of the city of San Bernardino (the "Commission") for the mid-management employees of the Economic Developllent Agency (the "Agency"). These Policies ahall be effective upon approval by the Commission and shall remain in effect year-by-year until modified, amended or terminated by the Commission. 1.1 ARTICLE I RECOGNITION The Agency recognizes Mid-Managers positions as being those in the positions designated on Appendix "A" attached hereto, and i1'\ such new supervisory positions as may be designated by the Agency. These Policies relate to the Agency administrative personnel and the Development Department of the Agency. ARTICLE II MANAGEMENT RIGHTS 2.1 It is understood and agreed that the Agency retains all of the powers and authority as set forth in Article 4.0 of the Statement of Policy as follows: In order to ensure that the Agency is able to efficiently carry out its functions and responsibilities as imposed by law, the Agency has the exclusive right to manage and direct the performance of Agency services and the work force performing such services; therefore, the following matters shall be within the exclusive discretion of the Agency. These rights include, but are not limited to, the exclusive right to: (A) Determine the mission of each of its operations; (B) Establish the merits, necessity or organization of any service or activity provided by law; 1III!O\OOO\\IlOC\413 April 9, 1991 Q . o 2.2 o SIIBO\OOOIIDOC\CI3 o o (C) Direct the work of the Aqency employees; (D) Set .tandard. of .ervice; Determine the overall responsibilitie. of employees as.iqned to carry out the various operations of the Aqency; Take disciplinary action; Take all necessary action to carry out the functions of the Aq8Dcy in emerqency situations; Determine the methods, .eans, and personnel by which operations are to be conducted; (I) Determine the budqet and orqanization of the Aqency; (E) (F) (G) (H) (J) Layoff employees because of lack of work or for other leqitimate reasons, as authorized under Civil Service Chapter 5, Rule No. 511; (K) Determine the content of job classifications; (L) Expand or diminish services; (M) Subcontract any work or operations; (N) Determine the size and composition of the work force and determine work assi9Dllents; (0) Establish and assi9Dllents; chanqe work schedules and (P) Establish the days and hours when employees shall work; (Q) Establish reasonable work and safety rules and requlations in order to maintain efficiency and economy desirable in the performance of Aqency services; To hire, promote, demote, transfer, terminate and classify employees within the Aqency. The exercise of the foreqoinq powers, riqhts, authority, duties, responsibilities by the Aqency, the adoption of policies, rules, requlations and practices in furtherance therefor, and the use of jud9llent and discretion in connection therewith, shall be limited only by the specific and express terms of these POlicies, and then (R) -2- ApriJ " 1991 o o o only to the extent such specific and express terms are in conformance with law. o ARTICLE III SALARl:ES 3.1 Salarv Schedule: The salary schedule applicable to Mid- Manaqers is as provided in Appendix "B". All Mid-Manaqers startinq in a new classification within this schedule shall be placed on a six-month probationary period. Salary advancements within the salary schedule shall be based upon satisfactory work performance evaluations and positive rec~endations for advanc_ent submitted by the Mid-Manaqer's supervisor. A Mid-Manaqer shall be eliqible for a salary increase based upon the successful completion of the six-month probationary period. This date shall be established as the Mid-Manaqer' s "Anniversary Date". Subsequent evaluations shall be made no less frequently than once a year and shall be conducted within thirty (30) days prior to the Mid- Manaqer's "Anniversary Date' or the date specified by the supervisor for a special reevaluation. In the event the Mid-Manaqer receives a satisfactory evaluation, and is qranted a merit increase, the said increase shall be effective no later than on the employee's "Anniversary Date". 3.2 OVer~i.8 Comnensa~ion: (A) A Hid-Manaqer who works lIore than forty (40) hours in anyone work week will be paid in accordance with the Fair Labor Standards Act. The first forty (40) hours of work will be paid at the straiqht time hourly rate irrespective of hours worked in anyone day. (B) Reqardless of whether the employee is on an excused time off or time off with pay status, hours not worked shall not count toward the forty (40) hours in anyone work week. Hours not worked include sick leave, leave of absence and Employee Association activities. 3.3 Holidav Rate of Pav: Any Mid-Manaqer required to work on a holiday as part of the Hid-Manaqer's reqular assiqned work period shall receive payment for the holiday at his reqular hourly rate of pay, plus payment at his reqular hourly rate of pay for all or any portion of the holiday o SBB01OOO1\D0C\413 -3- April .. 1991 ~, o o o 3.4 actually worked. At the Mid-Manager's option, the Mid- Manager aay elect to receive payaent at his regular hourly rate of pay for all or any portion of the holiday actually worked and aust schedule, within_the next pay period, a day off at his regular hourly rate of pay. This schedule aust ..et with the approval of the Mid- Manager's supervisor. Shift Differential: Mid-Managers who are required to work awing or graveyard sbifts will be paid a sbift differential at the following rates: SWing Sbift Graveyard Shift - $0.50 per bour $0.60 per hour - These rates will be paid in addition to regular hourly rates, provided that a Mid-Manager is physically at work during the entire shift. : 3.5 Educa~iDn rncen~ive: o (A) Any Mid-Manager who can d_onstrate successful completion of the education program for the classification of that Mid-Manager sball be entitled to a five percent (n) incentive pay. The completion of education and certification requir_ents sball be approved by the Mid-Manager' s division head and the Executive Director, Development Departaent, or the Agency Administrator, as appropriate. The date the completion of requir_ents is approved sball be the effective date of the incentive increase. The incentive pay shall be liaited to 5t of the Mid- Manager's salary at the date of completion of initial requir_ents or renewal requirements and sball be fixed until the Mid-Manager ceases to be eligible. (8) The period of payment of the 5t education incentive pay shall be for three (3) years from the date the Mid-Manager begins to receive pay. (e) In order for a Mid-Manager to continue to receive the educational incentive pay beyond three (3) years, the individual Mid-Manager sball obtain six (6) additional semester units of job-related college course work as provided for in subpart (A) of this section. Tbe Mid-Manager shall not begin the additional course work any sooner than eigbteen (18) months prior to the terJllination of the education incentive pay currently being received. o SBEOIOOOI\D0C\413 -4- April " 1991 j,'U o o o o o ARTICLE IV HOURS 4.1 Realllar Dutv Hours: The regular work week for full-time Mid-Managers shall be eight (8) hours per day and forty (40) hours per week. 4.2 Assianment of OVertime: The Agency reserves the right to assign duty hours beyond the regular work week according to operational needs. The selection of Mid-Managers to perforJI overtime duties shall be aade by the Agency. 4.3 Call-Back status: When a Mid-Manager is required to physically respond to a call, he will be compensated at his regular hourly rate comlencing frOll the time that the call was received and ending at the time of return to his place of residence, but in no instance shall receive less than one hour for that call. " ARTICLE V BENEFrTS 5.1 Graun Inaurance Plana: (A) The Agency shall aaintain a program of medical health, dental, vision, life and accidental death and dismemberment in force for the benefit of all fUll-time, peraanent _ployees. The Agency will continue to provide a choice by the _ployee of a prepaid health care medical plan (HMO) or an indemnity-type group health plan. To impl_ent this, the Agency/City bas approved participation in the medical health insurance benefit plan of the Public Employees' Retirement Syst_ ("PERS") provided pursuant to the state Employees' Medical and Hospital Care Act, effective August 1, 1989. Mid-Managers will have available to th_ a,mounts as are available to other Mid-Managers _ployed by 'the City to utilize for Agency/City approved benefit plans. Purchase of health insurance for dependent(s) is required in order to have access to the Agency's contribution for dependent(s). Agency contributions not utilized on these plans are not usable in any other way and revert to the Agency if not utilized. If the average of the health insurance pr_ium rates for coverage effective August 1, 1991 increases by 18' over rates for Kaiser-South Plan coverage effective August 1, 1990, this section may be modified by the Agency. SIIEOIOOOI\D0C\413 -5- AprilS. 1991 c o o o o (B) Caf.t.ria mon.y. aay be red..ignat.d or a change of plan. aay be _d. annually during the op.n .nroll.ent period only. Plan additions and drops ar. permitt.d during open enrollment_only, except for new dependent. or the 10.. of one through divorce, death or maximum age of child. (C) It is incumbent upon. the Mid-Manager to complete the cafeteria plan form, available from the Ag.ncy, in order to r.c.iv. ben.fit.. Cafeteria forms compl.ted will be proc....d with the payroll for full-month implem.ntation only. Mid-Managers not .igning up for the cafeteria plan will not receive the benefit of .ame. 5.2 Lit!e Insurance: '!'he Agency shall aaintain in full force and eff.ct t.rm lif. insurance coverage on full-time Mid- Manager. in the amount of $50,000.00 which amount may be increased by appropriate employee contributions. 5.3 Health Coveraa. - Retirement: COVERAGE Ages 55-65 Over 65 5.4 1BEDIOOOI\D0C\413 (A) The Agency agrees to pay to PERS the .um of $16.00 per month toward the monthly premium for medical h.alth cov.rage only as outlin.d in Article 5.1(1.) for each r.tiree that meets PERS eligibility criteria for coverage under their medical-health plan. (B) Aft.r a full-time Mid-Manager retir.s with a minimum of fift.en (15) year. of .ervice, and has attained the aqe of fifty-five (55), the Aq.ncy agrees to pay a monthly contribution as ..t forth herein for medical coverage only for an eligible Mid-Manaqer's premium for a group health insurance plan as outlined in Articl. 5.1(1.). MAXIMUM AGENCY CONTRIBUTION EFFECTIVE 7-1-91 $132.41 62.10 Personal Safety Items: PrescriDtion Saf.tv Glasses: The Agency agrees to purchase pr.scription safety gla.ses for those Mid- Managers working in Classifications/work assignments desiqnated by the Agency's Safety CODllllittee. The -6- April', 1991 E..r~ o o o 5.5 5.6 5.7 SBBO\OOO1\D0C\413 o o employ.e .hall be requir.d to .ubmit their pr..cription to the Agency. Th. purcha.. of .af.ty gla.... .hall be limit.d to on. (1) pair .v.ry two (2) fi.cal y.ar.. rncom. prot.ction Plan: A fully paid incoae prot.ction plan for ext.nded illn... or di.a1:lility i. provid.d. The plan i. 66-2/3' of .alary; benefit until ag. 65; gO-day waiting period prior to .tart of paym.nt.. Mil.aa. Allowanc.: Mid-Manager. who are r.quir.d to drive th.ir per.onal vehicle in the performance of work duties will r.ceive a ail.age allowance of $.255 per mile for authorized Agency travel. Education Tuition Assi.tanc.: s.ction 1. Puma.. (A) To encourage the employee. of the Agency to take coll8CjJe cour... and .pecial training cour.e. which will better enable them to perform th.ir pr..ent duties and prepare them for incr.a.ed responsibiliti... (B) To provide financial a..istance to eligible Mid- Manager. for education and training. (C) To establi.h eligibility requirements, conditions and procedures whereby .uch as.i.tance may be provided. Section 2. Eliaibilitv (A) APplication. for tuition reiabur.ement will be con.idered only from full-tiae, permanent Agency employees who have completed probation. (B) Reimbur.ement is not authorized for cour.es for which the employee is receiving financial assistance from other .ources .uch as the GI Bi~l, scholarships, etc. (C) Applications will be approved only for courses directly related to the employee'. job or directly related to a promotional po.ition in the employee's occupational .pecialty. Courses not ostensibly related to the employee' & job, but which are r.quir.d to qualify for a degree that i. directly related to his job may be reimbursable only aft.r all required occupationally-related course. have been complet.d. (D) -7- ApriJ I. 1991 E;-'- o o o SBI!OIOOOI\D0C\413 o o Prior to receiving tuition reimbursement, employees IlUst submit docuaentary proof of baving received a grade of not less than .C. for the course. If objective ratings are not rendered for a specific course, then a certificate of successful completion IlUst be sublli tted. (F) Approval will be limited to courses given by accredited colleges and universities, city colleges or adult education courses under the sponsorship.of the Board of Education. Workshops, seminars, conferences and si.ilar activities not identifiable as a formal course of instruction within the curriculum of a recognized educational institution do not fall within the purview of the program, but may be authorized and funded by the Agency upon approval of the Executive Director, Development Department, or the Agency Administrator, as appropriate. (E) (G) 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 Agency. Section 3. Rei:mbur8e:ment (A) Reimbursement will be for the cost of tuition or registration fees and the required texts and related material for each course. Additional expenses such as meals and parking fees are not reimbursable. (B) Costs for required texts are eligible for one hundred percent (1oot) reimburs-.nt subject to the following conditions: (1) That a duplicate of the required text(s) was unavailable for loan fro. the Agency's library prior to the commencement of course work; (2) That any textbook(s) purchased by the Agency shall be turned in for placement in the library maintained by the Aqency in order that such text(s) may be made available to all employees. (C) Tuition or registration costs of fifty dollars ($50.00) or less are eliqible for one hundred percent (lOOt) reimbursement. Tuition costs in excess of fifty dollars ($50.00) are eliqible for seventy-five percent (75t) reimbursement. Maximum -8- April', 1991 ,~. c o o 8IlEO\OOOI1JlOC\413 o o (D) tuition r.imbur.ement per .....t.r i. two hundr.d dollar. ($200.00). NOTE: Su.aer ....ion .hall be counted a. a ..parat. -.em..t.r. for purpo.e. of this provi.ion. Employ... .hall be limited, for purpo... of tuition rebabur....nt, to a aaximum of two (2) collegiate l.vel cour... of not more than a total number of unit. equival.nt to .ix (5) ......ter. unit. per .....t.r. On. (1) .quarter. unit .hall .qual two- third. (2/3) of one (1) ..eme.t.r. unit. Saction 4. Procaduras (A) An ..ployee who d..ir.. to ..ek tuition r.illbur...ent under the provi.ion. of this Article mu.t compl.te, in triplicat., an Educational R.imbur....nt Form, and .ubait it to hi. or her divi.ion head for advance approval. (8) The division disapproval R.imbur....nt Dev.lopm.nt Admini.trator, head will r.commend approval or and forward the Educational Form to the Ex.cutive Director, D.partm.nt, or the Agency a. appropriate, for final action. (C) on. copy will be r.turn.d to the ..ploy.e, a copy will be r.tained by the Ex.cutiv. Dir.ctor, D.v.lopment D.partment, or the Agency Admini.trator, as appropriat., and the triplicate will be r.turn.d to the division h.ad. It is n.ce..ary that the applicant accompli.h the procedur.. .0 far de.cribed in order to ascertain the .ligibility of the int.nded cour.e of in.truction for r.imbur.ement under the provi.ions of this Article prior to the inception of the cour.e. (D) The ..ploy.e will .ubmit hi. or her copy of the approv.d application to the Executiv. Dir.ctor, Development Department, or the Agency Admini.trator, a. appropriate, for reimbur.ement within three (3) months after completion of the course and final grade has been received. The employe. must include official verification of his or her final grade with appropriate rec.ipt. for tuition and t.xtbook cost.. The.. will be returned to the employee upon request. Applications not .ubmitted to the Executive Dir.ctor, Dev.lopment D.partment or the Ag.ncy Admini.trator, as appropriate, within three (3) months following compl.tion of the course become void. -9- Apri1 t. 1991 ",^' o (> o o o (E) ijpon r.ceipt of the application and r.quir.d documentation, the Ex.cutiv. Dir.ctor, Developm.nt Departaent or the Agency Admini.trator, as appropriat., will d.terain. whether the compl.ted cour.. of inatruction i. compatible with the proviaion. of Section 2 and 3 of thia Article. If found to be compatible, the Ex.cutiv. Dir.ctor, Development D.partaent or the Ag.ncy Adminiatrator, a. appropriate, will compute the amount of r.illlbur....nt, auth.nticate the application, and forward it with authorization to r.iJDbur.. the employee the approved Dount. ARTI:CLE VI r.1I!llVES 6.1 Administrative ~ave: After completion of one (1) year of continuous eIIploYJIent a. a Kid-Manager, five (5) days admini.trativ. leave per fi.cal year ..y be taken upon prior approval of the Executive Dir.ctor, Dev.lopment Department, or the Agency Admini.trator, as appropriate (not transferable frOll one year to another). 6.2 sick Laave: SBIlO\OOOI1DOC\413 (A) ijpon completion of .ix (6) months of continuous full time ..ployment, a Kid-Kanager will be credited with .ix (6) days, forty-eight (48) hours of sick leave. Thereafter, .ick leave will accrue at the rate of 3.7 hour. per pay period, or eight (8) hours per month. If a Kid-Manager remains in a non-pay .tatus for fifty percent (Sot) or more of the total normal work hour. in the pay period, .ick leave credit will not be earned for the entire pay period. Authorized vacation, .ick l.ave, holidays or other compensated time off .hall be considered as time worked for the purpose of computing accrued sick leave. Kid-Managers shall not accrue sick leave during the period of an authorized leave of absence without pay, or the duration of compensated disability leave resulting from a work-related injury. The accrual of .ick leave will be unlimited with no ..ximUII allowance. (B) Sick leave means the absence from duty of a Kid- Manager because of illness or injury, exposure to contagious disease, attendance upon a member of his immediate family who is seriously ill, or death in the Kid-Manager's immediately family. Kembers of -10- AprilS, 1!IlII ", o o o lI\II!O\OOO1\D0C\413 o o (C) an iIIIIIecUate faai1y are conaidered to be a Mid- Manager's spouse, grandmother, grandfather, grandchildren, aother, father, sister, brother, son, daughtar, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law and daughter-in-law. Sick leave ahall not be considered as a d18cretionary Mid-Manager's right, and will be allowed only in case of actual necessity resulting from personal sickness, disability, attendance to an iIIIIIediate faaily member, or as otherwise provided in this Article. All eligible Mid-Managers who are compelled to be absent from work due to illness or injury, other than that cauaed by or resulting from their own moral turpitude or unjudicious actions, or that which 18 compenaable under Article 6.3 of this Section, shall be entitled to receive full compensation for each day of accrued sick leave used. A day, as referred to herein, shall mean a normal eight (8) hour work period. In order to receive sick leave compensation, the Mid-Managar aust notify h18 iIIIIIediate supervisor prior to or within thirty (30) minutes after the time set for beginning of a work day. In case of an accident or emergency, the Mid-Manager or his representative should contact the immediate supervisor at the earliest possible time and explain the circwutances necessitating the Mid- Manager's absence. The sick leave request fora shall be completed and submitted by the Mid-Manager immediately upon returning to work. (D) Where there is r_son to believe that a Mid-Manager has abused any paid leave, the Agency may requ.ire that Mid-Manager submit a doctor's certificate affidavit, or other documentation, on forms prescribed by the Agency, as verification and substantiation of the absence. A failure to provide the required documentation will result in the deduction of salary for the days of absence and may result in disciplinary action. (E) During any calendar year, not lIore than five (5) days of leave may be granted for each absence due to the death of a member of the Mid-Manager' s immediate family. -11- April " 1991 (F) o (G) o o o At such ti.. a Kid-Manager COIIpletes hia first year of regular _ployaent, h. ..y exercise one of the following options: (1) At the end of any fiscal year, Ii Kid-Manaqer who has not used more than three (3) days of sick leave (either sick or personal charged against his sick leave), ..y request that one (1) day of credit be applied to his vacation. The eight (8) hours of credit will not be subtracted from the Kid-Manager's sick leave accrual. (2) A Kid-Manaqer ..y elect to have the eiqht (8 ) bonus hours added to their sick leave earned during the fiscal year. Once an option is selected, it cannot be chanqed at a later time during the fiscal year. (1) The Agency agre.s that upon termination of a Kid-Manaqer, with five (5) years of service in the mid-manaq_ent unit and a minimum of 480 hours of accrued sick leave, twenty-five percent (25t) of accrued sick leave will be paid to the Kid-Manager. (2) The Aqency agrees that upon retir_ent or death, fifty percent (50t) of accrued sick leave will be paid to the Kid-Manager or the Kid-Kanaqer's beneficiary. Payment for unused sick leave shall be ..de provided that in no event shall such compensation exceed one hundred and forty-four (144) working days of such leave. A Kid-Manager who has more than thirty (30) years of service as of April 1, 1984, shall not have any compensation limit on such leave. 6.3 Disabilitv Leave: (A) If a Kid-Manaqer sustains an injury durinq the course of his work performance which results in that Kid-Kanaqer beinq absent from work, compensation shall be provided in accordance with the Workers' Compensation Insurance and Safety Act of California. (B) Durinq the first thirty (30) days of the Kid- Manaqers's diSability or injury, he shall receive one hundred percent (loot) of his regular compensation. If the Kid-Kanaqer has not returned to work by the thirty first (31st) day followinq o SBEO\OOOIIDOCI413 -12- AprilS, 199. o 6.4 6.5 o o 1IIIllNIIIII11DOCI413 o o the dat.of injury, dt-ability compen.ation will be !aplement.d. upon the Kid-Man.g.r's requ.st, .ccrued sick l..v. credits ..y be utilized to supplem.nt the t_por.ry dt-ability coapens.tion to the extent th.t total compens.tion r.ceived will equ.l the aJDount of the Kid-Manager's r.gular compens.tion. Utiliz.tion of .ccrued sick l..ve for suppl_.nt.l payment shall c.... with the t.rmination of t8lllpOrary dt-.bility, or .t such time the Kid-Manag.r's .ccumulat.d sick leave credits .r. exhausted. Personal Leave: A Kid-Man.qer may request . leave charqeabl. .gainst sick le.v., not to .xceed thr.e (3) d.ys per ye.r, for the purpose of .ttending to important personal busin.ss which cannot be trans.cted during non- duty hours so long as such Kid-Manager h.s suffici.nt sick l..v. .v.il.ble. Such l.av. mu.t be .pproved in .dvance by the Ex.cutive Director, Developm.nt Department, or the Agency Administr.tor, .. .ppropri.te, and sh.ll not .ccumul.t. from ye.r to ye.r. Jurv Dut.v: Every Kid-Manager of the Agency who i. officially c.ll.d to serv. .. . court tri.l juror shall be .ntitled to be absent from their duties during the period of such jury duty. If . Kid-Manager who is assigned to a regular daytime work period is called to s.rve jury duty that day, and .uch jury duty does not exceed four (4) hours duration, it shall be the r.sponsibilit.y of the Kid-Manager to report to work within a r.asonable time after beinq released from jury duty on that day. Should jury duty exceed four (4) hours duration on any r.gularly scheduled work day, the Kid-Kanager shall not be required to report for work on that same day following his r.lease from such duty. If a Mid-Manager's work period is other than a reqular daytime period and that. Mid-Manaqer has served in excess of four (4) hours jury duty during the day prior to the commencement of the work period, that. Mid-Manager shall not be required to report for work at the cOlDlenc_ent of his regularly scheduled work period. If the Kid-Manaqer has served less than four (4) hours jury duty, he shall report for work at the scheduled time. When called for jury duty, the Mid-Manager .hall promptly notify hi. iIDIediate supervi.or of any intended ab.ence from work resultinq from .uch duty. If a Kid-Kanaqer fails to promptly report notification of jury duty, or is -13- AprilS, 1991 o 6.6 o o SIIIlOIOOOJ1DOC\413 o o absent without proper notification, the Mid-Manager shall be considered absent without leave in a non-pay status. While serving on official jury duty, a Mid-llanager shall be compensated at his regular rate of pay, provided that all fees paid to the Mid-Manager for jury duty are surrendered to the Agency. Automobile expenses related to jury duty are exempt from this requirement. other Leave of Absence: (A) Under certain conditions, a Mid-Manager may be granted leave of absence without pay. In order to receive consideration, a written request, stating the specific reasons for the leave of absence and proposed duration thereof, aust be submitted to the Commission. If the Commission dete11lines that the leave of absence is justified, the employee may remain absent from work in a non-pay status for an approved period of time. The Mid-Manager may have the option of using his accumulated sick leave and vacation leave in its entirety prior to a leave of absence without pay. A request for an extension of leave of absence should be submitted no later than two (2) weeks prior to the expiration of the current leave of absence. During an authorized leave of absence, vacation, sick leave and retirement credits shall not accrue. Upon the Mid- Manager's return to service, the accrual of vacation, sick leave end retirement credits shall resume. It will be the Mid-Manager' s responsibility to assUlle payment of the premiums for all applicable health, .edical and life insurance policies during the period of the leave of absence. (D) Any Mid-Manager who enters the Al'JIed Forces of the United states during war or national emergency, as declared by the President or Congress of the United states, shall be entitled to a leave of absence without pay for the duration of such service and for a period of ninety (90) days thereafter. Any Mid-Manager returning to the Agency within the specified time, and who has been honorably discharged from the military service, shall be reinstated to his former position without loss of status or seniority, provided he is not physically or mentally incapacitated from the performance of military duties. Any person selected to fill a position vacated by a Mid-Manager called to military service will be considered a temporary appointee only. -14- April'. 1991 ~..-,~ o o o (C) A Mid-Manager shall be entitled to military leave in accordance with applicable law. ARTICLE VII HOLl:DAYS 7.1 The followin9 days are desi9Dated by the Agency as official paid holidays: Independence Day Labor Day July 4th First Monday in September November 11th 4th Thursday in November Friday after Thank89ivin9 December 24th Veteran's Day Thanks9ivin9 Day Day After Thanks9ivin9 Christmas Eve Day Christmas Day December 25th o New Year's Eve Day New Year's Day December 31st Martin Luther Kin9 Day January 1st Third Monday in January Last Monday in May Anytime between July 1 throu9h June 30 . Anytime between July 1 and June 30, the floatin9 holidays may be taken with the prior approval of the Mid- Manager's i_diate supervisor after satisfactory completion of the six-month (6) probationary period. Memorial Day Two Floatin9 Holidays. If the Christmas and New Year's holidays occur on Mondays, these holidays and holiday eves will be observed on Mondays and Tuesdays. The Agency reserves the ri9ht to assi9D work on any of the holidays desi9Dated above, provided that any Mid- Manager required to work on a holiday shall be paid in accordance with Para~aph 3.3 of these Policies. If a Mid-Manager's scheduled day off occurs on an observed holiday, the Mid-Manager shall schedule, within the next pay period, a day off at his re9Ular hourly rate o 1BIlO1OOO1\D0C\413 -15- AprilS, 1991 o o o o o of pay. This schedule aust aeet the approval of the Mid- Manager's supervisor. If a boliday occurs on sunday, it sball bit. obllerved on the following Monday. Holidays occurring on Saturday will be obllerved on the preceding Friday. ARTICLE VIII VACATIONS Pull-ti_ Mid-Managers sball accumulate vacation leave in accordance with the following schedule: 8.1 upon completion of one (1) year 01 continuous full-time employment with the Agency, the Redevelopaent Agency of the City of San Bernardino, the City of San Bernardino or the COIlIIIunity Development COIlIIIisa1on of the City of San Bernardino, and thereafter up to and including five (5) years of continuous full-tille employment, each Mid- Manager sball accrue ten (10) working days vacation with pay per year. Vacation sball accrue at the rate of 0.833 working days per aonth, but shall not exceed ten (10) working days in any year. upon completion of five (5) years of continuous full-time employment, and thereafter up to and including fifteen (15) years of continuous full-tille employment, each Mid- Manager shall accrue fifteen (15) working days vacation with pay per year. Vacation will accrue at the rate of 1.25 working days per aonth, but sball not exceed fifteen (15) working days in anyone year. 8.2 8.3 Notwithstanding' the provisions of Section 8.2 above, upon the completion of the tenth (10th) year of continuous full-time employment, the Mid-Manag'er sball be allowed twenty (20) working' days vacation with pay. This twenty (20) working' days vacation sball be at the completion of the tenth (10th) year only and aust be taken prior to the completion of the eleventh (11th) year. Thereafter, tbroug'b and including the fifteenth year, vacations will be calculated in accordance with the provisions of Section 8.2. 8.4 Upon completion of fifteen (15) years of continuous full- time employment, and thereafter up to and including' twenty (20) years of continuous full-tille employment, each Mid-Manag'er sball be allowed twenty (20) working' days vacation witb pay per year. Vacation will accrue at the rate of 1.667 working' days per aonth, but sball not exceed twenty (20) working' days in anyone year. 1IIIIlO\OOO1\D0C\413 -16- April', 1991 o o o Upon completion of twenty (20) years of continuous full- tille _ploYlllent and thereafter, each Mid-Manager shall be allowed twenty-five (25) working days vacation with pay per year. Vacation will accrue at the rate of 2.0833 working days per month, but shall not exceed twenty-five (25) working days in anyone year. 8.6 Vacation credits aay not aCCWllulate beyond a aaximum of two (2) years. Any vacation taken during anyone (1) year may be the aaximum of two (2) years' accrual, and may not be taken jointly with the vacation of the preceding or subsequent years. A period of at least three (3) months must elapse between the expiration of the accrued combined vacations and any subsequent vacation. The assignment and/or requests of vacation periods will be subject to the approval of the Executive Director, Development Departaent, or the Agency Administrator, as appropriate, and based upon seniority. 8.5 8.7' Mid-Managers shall have the option of receiving paYlllent at their regular rate of pay for one (1) week, forty (40) hours for their vacation ti.e once each fiscal year, provided that they have accumulated a minimum of three (3) weeks vacation credits. If an authorized holiday occurs within a Mid-Manager's vacation period, that Mid- Manager shall not be charged vacation time for that holiday. When a Mid-Manager leaves the service of the Agency, and has not used earned vacation, paYlllent shall be aade to the Mid-Manager for the earned portion of his vacation, accrued to the date of termination. If a Mid-Manager terminates prior to his next anniversary date, and has received a vacation with pay, a deduction for the unearned portion of vacation shall be made in the Mid- Manager's final pay period. calculations of paYlllent for earned vacation or deduction for unearned vacation upon termination shall be in accordance with applicable salary schedules. o 8.8 8.9 If a Mid-Manager r8ll&ins on a non-pay status for fifty percent (50') or more of the total normal work hours in the pay period, vacation credit will not be earned for the entire pay period. Authorized vacation, sick leave, holidays, or other compensated time off shall be considered as time worked for the purpose of computing accrued vacation. Mid-Managers shall not accrue vacation leave during the period of an authorized leave of absence without pay, or the duration of compensated disability leave resulting from a work related injury. o 1BIlO\OOO\1IlOC\t13 -17- April', 1991 () o o o o 8.10 Vacation credit. aay be taken off in increment. of not le.. than one-half (1/2) day. with prior Aqency approval, except for per.onal l.ave charqed to vacation. ARTICLE IX GRIEVANCE PROCl!:DURl!: 9.1 A "qrievance" i. an alleqation by a qrievant that he has been adver.ely affected by a violation, .i.interpretation, or .i.application of the provision. of the_ Policies or of the law., ordinance., re.olutions or requlation. affectinq waqe., hour. or other condition. of employment. A "qrievance" .hall not be applicable to di.ciplinary action impleaented by an immediate .uPerVisor with re.pect to a Mid-Jlanaqer for which other remedi.. of law are available. Action. to challenqe or chanq. the q.n.ral polici.. of the Aqency a. .et forth in the rule. and requlation. or admini.trative requlations : and procedure. au.t be undertaken under .eparate leqal proc...... Other .atter. for which a .pecific aethod of r.vi.w is provided by law or by the administrative requlation. and procedure. of the Aqency are not within the .cope of this procedure. A "qrievant" aay be any Mid-Manaqer who files a qrievanc. und.r this articl.. 9.2 9 . 3 Renresentati ves : The Mid-Manaq.r, aanaq_ent, or Aq.ncy aay be repr...nted durinq any .tep of the procedure by any per.on desiqnated by .uch party to act on his behalf. 9.4 1ZIn: Ref.rence to days reqardinq time periods in this procedure shall mean work days. A work day is defined as all weekday. not desiqnated a. holidays by stat. Law and/or Article VII, Section 7.1. 9.5 Time Limitation and Waiver: A qrievance shall not-be valid unless it is submitted to the Mid-Manaqer's immediate supervisor on the prescribed form, settinq forth the facts and the .pecific provisions of the Policy alleqedly violated and the particular relief .ouqht within ten (10) day. after the date of the .vent qivinq rise to the qrievanc. occurred. Failure to file any qrievance within such period shall be de_ed a waiver thereof. Failure to appeal a qrievance frOll one level to another within the time periods hereafter provided shall also constitute a waiver of the qrievanc.. lIIIIlOIOOOIlDOCI4l3 -18- ApdI S, \99\ o o o The Agency Administrator, prior to issuing a decision at step 4B sball meet with the grievant and bis representative, if any. STEP 1: Informal Conference: Prior"t.o filing a grievance, the Mid-Manager, with or without bis representative, .ust discuss the grievance with bis immediate supervisor in an effort to adjust the alleged grievance informally. STEP 2: If the grievance is not resolved througb the informal conference with the immediate supervisor, the Mid-Manager may file a grievance with bis division bead within the time prescribed in paragrapb 9.5. Tbe division bead sball give bis written decision to the grievant within ten (10) days after receipt of the grievance. STEP 3: If the grievance is not resolved in step 2, the grievant sball bave ten (10) days after receipt of the decision referred to in step 2, to file a written appeal to the Executive Director, Development Department. The Executive Director, Development Department sball give bis written decision to the grievant within fifteen (15) days after receipt of the appeal. STEP 4A: MEDIATION: After a decision is issued at Step 3 and prior to appeal to Step 4B, the parties may jointly agree to submit the dispute to tlle Agency Administrator for mediation. If the dispute is not resolved in mediation, the grievant sball bave ten (10) days after the meeting date with the mediator to appeal to Step 4B. STEP 4B: In the event the grievance is not resolved at Step 3 or .ediation, the grievant sball bave ten (10) days after receipt of the decision referred to in Step 3 or ten (10) days after. the last day of mediation, whichever is applicable, to file a written appeal with the Commission. The Commission sball give the grievant written notice of the date and time of the bearing which sball be conducted within forty-five (45) days after such notice is given. 9.10 Hearina Procedure: The bearing shall be conducted before the Commission. Both parties may call witnesses, cross examine witnesses, and introduce exhibits into evidence. The Commission or its designee shall determine matters of procedure and rule on questions of evidence. The grievant may, if he chooses, be represented by counselor other person of his choosing. 9.6 o 9.7 9.8 9.9 o SBEOIOOOlIDOC\413 -19- April', 1991 o o o o o 9.11 Final Decision: Within twenty (20) days after the hearing, the CO_ission shall give his written decision to the qrievant, which decision shall be final and binding. ARTICLE X RF.DUCTION IN FORCE 10.1 The Agency may layoff a Mid-Manager because of shortage of work, lack of funds, change in emphasis, material change in duties or organization, or for other valid reasons. The Agency will advise the Mid-Management employees of any reduction in force. ARTICLE XI DISCRIMINATION .. 11.1 There shall be no discrimination on the part of either the Agency because of the race, creed, color, sex, age" national origin or political or religious belief, or physical handicap of any employee. This Article shall not be subject to the qrievance procedure unless the alleged act of discrimination is without remedy under Federal, State or local law. 11.2 11.3 Whenever the masculine form of any word is used in these policies, it also includes the feminine gender unless the context clearly indicates a contrary intent. ARTICLE XII SAVINGS CLAUSE 12.1 Should any provision of these policies, or any application thereof, be unlawful by virtue of any Federal, State or local laws and requlations, or by court decision, such provisions shall be effective - and implemented only to the extent permitted by such law, SIIIlOIOOO11DOC1413 -20- April', 1991 o o o o o regulation or court decision. But in all other respects, the provisions of these Policies shall continue in full force and effect for the term thereof. .... APPROVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ON BEHALF OF THE ECONOMIC DEVELOPMENT AGENCY THIS DAY OF , 1991. lIIIEO\OOlIl\D0C\413 -21- April 9. 199. o o o a. b. c. d. e. f. 9. 1IIIlO1IIOO11IlOCI413 o 0 APPENDIX "A" ECONOMIC DEVELOPMENT AGENCY MID-MANAGEMENT Senior Planner Project Manager (4) Graphics and Design Coordinator Contracts Administrator Senior Accountant Housing Development Specialist (III) (2) Rehabilitation Coordinator _.- ~,"- AprilS, 1991