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CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
From:
EDWARD S. RAYA
HUMAN RESOURCES
DECEMBER 14, 1999
Subject:
RESOLUTION IMPLEMENTING MEMO-
RANDUM OF UNDERSTANDING BETWEEN
THE CITY OF SAN BERNARDINO AND
EMPLOYEES IN THE MIDDLE-MANAGEMENT
EMPLOYEES' BARGAINING UNIT
Dept:
ORIGINAL
Date:
Synopsis of Previous Council Action:
REPRESENTED BY SAN BERNARDINO
PUBLIC EMPLOYEES' ASSOCIATION
October 6, 1997 - The Mayor and Common Council approved a contract with the
Middle- Management Employees' bargaining unit.
June 21, 1999 - Closed Session.
July 6,1999 - Closed Session.
September 20, 1999 - Closed Session.
November 1, 1999 - Closed Session.
Recommended Motion:
1. Adopt Resolution.
~Js~3~
Edward S. Rava
Yes
Phone:
384-5161
Contact Person:
Supporting Data Attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct No)
(Acct Description)
Finance: f]vAlt?/9-/ti' ~</a-..
Council Notes:
I J./J.D If//i
Agenda Item NO.~
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT
Resolution implementing Memorandum of Understanding Between the City of San
Bernardino and employees in the Middle-Management bargaining units represented by
the San Bernardino Public Employees' Association (SBPEA).
BACKGROUND
The contract with the Middle-Management employees expired on June 30, 1999. The
City Team and the San Bernardino Public Employees' Association (SBPEA), held five
(5) negotiation sessions. On October 25, 1999, both sides reached tentative agreement
on a successor Memorandum of Understanding (MOU).
The Mayor and Common Council approved on November 1, 1999 in closed session, an
agreement for a successor Memorandum of Understanding (MOU) with the following
economic items listed below:
Term - The term of the new MOU is three (3) years, July 1, 1999, to June
30, 2002.
PERS - The City agrees to amend the PERS contract to provide the 2%
@ 55 retirement benefit, effective June 30, 2001.
Salarv Increase - The City will implement a three percent (3%) salary
increase effective January 1, 2000; and, a two percent (2%) salary
increase, to all members effective January 1, 2001.
Classification and Comoensation Studv - The City will cover the cost to
conduct a classification and compensation study for all miscellaneous
units. The City agrees to reopen the contract on or before June 30, 2001,
to discuss implementation of the findings of the study.
Holidavs - The City will add President's Day Holiday to the list of
designated holidays for a total of 12 holidays, equivalent to 96 hours, per
year.
Sick Leave - The City will payout 100% of unused sick leave to
employees with 20 years of service, up to a maximum of 1,200 hours.
Short-Term Disability - The City will change the elimination period from 30
days to 60 days.
. .
. FINANCIAL IMPACT
DescrlDtlon Year 1 Year 2 Year 3 Total Cost Annual Recurrlna Cost
Salary Increases 45.300 120,800 151.000 317,100 151,000
Class & ComD Study 25,000 0 0 25.000 0
Presidenrs Dav 12.943 12,943 12.943 38.829 12.943
Short-Term Disabllltv /16.700 (16.700) (16.700) (50.100) (16.700
SUBTOTAL 66,543 117,043 147,243 330,829 147,243
2%@55" 0 1,871,059 0 1,871,059 0
TOTAL 1,966,102 I
"Paid bV PERS sumlus. 2,201,888
RECOMMENDATION
1. Adopt Resolution.
Attachment: Resolution Implementing Memorandum of Understanding Between the
City of San Bemardino and Employees in the Middle Management Employees'
Bargaining Unit Represented by San Bernardino Public Employees' Association.
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Resolution No
RESOLUTION OF THE CITY. OF SAN BERNARDINO IMPLEMENTING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN
BERNARDINO AND EMPLOYEES IN THE MIDDLE MANAGEMENT BARGAINING
UNIT OF THE CITY OF SAN BERNARDINO REPRESENTED BY SAN BERNARDINO
PUBLIC EMPLOYEES ASSOCIATION.
"-
WHEREAS the designated representatives of the Mayor and Common Council
met and conferred in good faith with representatives of San Bernardino Public
Employees' Association (SBPEA) representing the Middle Management employees of
I the City of San Bernardino, in accordance with the provisions of Government Code
Sections 3500-3510, to agree upon a new Memorandum of Understanding (MOU);
WHEREAS such meetings resulted in agreement on an MOU (Exhibit A, a copy
of which is attached hereto and incorporated herein) effective July 1, 1999, through
o 15:1 June 3D, 2002.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO, AS FOLLOWS:
SECTION 1. Exhibit A to this resolution is hereby adopted establishing wages,
hours and working conditions for employees in the Middle Management bargaining unit
of the City of San Bernardino.
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RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A
MEMORANDUM OF UNDERSTANDING 9ElWEEN THE CITY OF SAN
BERNARDINO AND EMPLOYEES IN THE MIDDLE MANAGEMENT BARGAINING
UNIT OF THE CITY OF SAN BERNARDINO REPRESENTED BY SAN BERNARDINO
PUBLIC EMPLOYEES ASSOCIATION.
S I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Common Council of the City of San Bernardino at a
meeting thereof,
held on the
day of
, 1999, by the following vote,
to wit:
COUNCILMEMBERS:
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
MILLER
AYES
NAYES
ABSTAIN
ABSENT
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
,1999.
Judith Valles, Mayor
City of San Bernardino
Approved as to form and
Legal content:
JAMES F. PENMAN,
City Attorney
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1999-320
c~
1
.IDDLE IlANAG...NT
.IIPL.OYEES
MEMORANDUM
OF
UN_RSTANDING
JULY 1,1999 TO
JUNE 30, 2002
CITY OF SAN BERNARDINO
OFFICE OF THE
DIRECTOR OF HUMAN RESOURCES
v
Article/Section
Resolution No.
ARTICLE I
Section 1
Section 2
Section 3
ARTICLE II
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
ARTICLE III
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
ARTICLE IV
Section 1
Section 2
Section 3
ARTICLE V
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
1999-320
TABLE OF CONTENTS
Title
Paae
Implementation of Memorandum of Understanding.....i
Definition of Terms .................................................... 1
ADMINISTRATION.................................................... 2
Management Rights ..................................................2
Agency Personnel Rules ........................................... 3
Labor-Management Committee ................................. 3
EMPLOYER-EMLOYEE RELAlTONS ...................... 3
Recognition..... ...... .................... ................................. 3
No Strike.................................................................... 3
Payroll Deduction ...................................................... 4
Grievance Procedure................................................. 4
Non-Discrimination ..................................................:. 6
Employee Rights .......................................................7
Classification ............................................................. 7
Bulletin Boards ........................................................... 7
Access to Personnel Records.................................... 7
COMPENSATION ..................................................... 8
Wages ....................................................................... 8
Acting Pay................................................................. 8
Shift Differential......................................................... 9
Wage Differential....................................................... 9
PERS ........................................................................ 9
Overtime .................................................................. 10
Fines........................................................................ 11
FRINGE BENEFITS ................................................ 11
Health/Life Insurance............................................... 11
Uniforms .................................................................. 12
Tuition Reimbursement ...........................................12
LEAVES ..................................................................14
Vacation............................................ ....................... 14
Holidays..... .................... ............. ............................. 15
Sick Leave ............................................................... 18
Payment for Unused Sick Leave ............................. 19
Injury Leave ............................................................. 19
Leave of Absence Without Pay................................ 20
Mid-Management MOU
1999-320
.
Article/Section
Title
Page
Section 7
Section 8
Section 9
,
Witness Leave......................................................... 22
Blood Donations ...................................................... 22
Catastrophic Leave.................................................. 22
ARTICLE VI
Section 1
Section 2
Section 3
Section 4
Section 5
WORKING CONDITIONS .......................................23
Working Conditions ................................................. 23
Physical Examinations............................................. 24
Drug and Alcohol Testing ........................................ 24
Seniority........... ....................... ................................. 24
Probationary Period................................................. 25
ARTICLE VII
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
GENERAL PROViSiONS........................................ 25
Waiver Clause ......................................................... 25
Severability ..............................................................25
Printing of Memorandum of Understanding ............. 25
Term of Memorandum of Understanding ................. 25
Notice of Intent to Reopen .......................................26
New Employee Information.....................................; 26
SIGNATURE PAGE ................................................ 27
Index
EXHIBITS
Exhibit 1
Exhibit 2
Exhibit 3
Side Letter to Agency Personnel Rules
Authorization for Checkoff for Union Dues Form
Resolution 6413, Section Eleven:
"Middle Management Employees'
Mid-Management MOV
1999-320
DEFINITION OF TERMS
City:
Classification:
The City of San Bernardino
Includes titles listed in Section Eleven of City Resolution No;
6413, as amended.
Dav:
As it pertains to a holiday, sick leave day or a vacation day,
one (1) "day" equals eight (8) hours, unless otherwise
specified.
Exclusions:
Excluded from the Middle Management Unit for purposes of
representation are: Classification titles designated as
managemenUconfidential, general or safety positions
established and created under federal contract and
temporary, part-time provisional and probationary
individuals.
Middle
Manaaement
Unit:
Includes titles listed in Section Eleven of City Resolution No.
6413, as amended. Additional titles in the Middle
Management Unit may be established by the Mayor and
Common Council. Also reference "Exclusions" above.
Mandatory and
Permissive:
"Shall" is mandatory; "may" is permissive.
MOU:
Memorandum of Understanding
Union:
The exclusive bargaining representative for the Middle
Management Unit.
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Mid-Management MOV
1999-320
ARTICLE I - ADMINISTRATION
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Section 1 - Manaaement Riahts
This MOU shall not be deemed to limit or curtail the City in any way in the exercise
of the rights, powers and authority which the City has prior to entering into this
understanding, except to the extent that the provisions of this MOU specifically curtails
or limits such rights, powers and authority. Furthermore, the City retains all its exclusive
rights and authority under City Charter, ordinances, resolutions, state and federal law
and expressly and exclusively retains its management rights, which include but are not
limited to: the exclusive right to determine the mission of its constituent departments,
commissions and boards; set standards of selection for employment and promotions;
directs its employees; establish and enforce dress and grooming standards; determine
the methods and means to relieve its employees from duty because of lack of work or
other lawful reasons; maintain the efficiency of govemmental operations; determine the
methods, means and numbers and kinds of personnel by which govemment operations
are to be conducted; determine the content and intent of job classifications; determine
methods of financing; determine style and/or types of City-issued wearing apparel,
equipment or technology, means, organizational structure and size and composition of
work force and allocate and assign work by which the City operations are- to be
conducted; determine the change and the number of work locations, relocations and
types of operations; processes and materials to be used in carrying out all City functions
including but not limited to the right to contract for or subcontract any work or operations
of the City; to assign work to and schedule employees in accordance with requirements
as determined by the City and to establish and change work schedules and
assignments upon reasonable notice, establish and modify productivity and
performance programs and standards; discharge, suspend, demote, reprimand,
withhold salary increases and benefits, or otherwise discipline employees in accordance
with the applicable law; establish employee performance standards including but not
limited to quality and quantity and standards, and to carry out its mission in
emergencies, and to exercise complete control and discretion over its organization and
the technology of performing its work.
Section 2 - Aaency Personnel Rules
It is understood and agreed that there exists within the City in written or unwritten
form, certain personnel rules, policies, practices and benefits generally contained in the
Civil Service Rules and Regulations for the Classified Service; Resolution No. 6433, as
amended; Resolution No. 10584, Establishing Uniform and Orderly Methods of
Communications Between the City and its Employees for the Purpose of Promoting
Improved Employer-Employee Relations, as amended; and, Resolution No. 10585,
Adopting Rules and Regulations Relating to Employer-Employee Relations, as
amended, which documents will continue in effect, except for provisions modified by the
City Council in accordance with federal or state laws, orders, regulations, official
instructions or policies.
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Mid-Management MOV
1999-320
The City may adopt, change or modify work rules. Whenever the City changes work
rules or issues new work rules, it will post them on departmental bulletin boards ten (10)
working days prior to their effective date, except in emergency situations. A copy will be
sent to SBPEA at the beginning of the ten (10) day period, in order that SBPA may meet
and confer regarding such rules with the City before they become effective, if SBPEA so
requests. (Reference Side Letter- Exhibit #1)
Section 3 - Labor-ManaGement Committee
The Labor-Management Committee shall be established for the purpose of
discussing common problems that are not addressed in other existing procedures. The
Union and the City shall each designate up to three (3) representatives to serve on the
Committee from different departments. The Committee will select a chairperson who
will be responsible for receiving items, establishing agendas and informing participants
of the time and place of meetings. The Committee shall normally meet at least quarterly
or may meet more often if necessary at a mutually agreed upon time and place. The
Union will provide a list of the Committee members to the Director of Human
Resources each January and July.
ARTICLE II - EMPLOYER-EMPLOYEE RELATIONS
Section 1 - Recoanition
Exclusive recognition of the Union is acknowledged for purposes of meeting and
conferring on wages, hours and working conditions, and of general representation of
employees within the unit of representation. The classification titles of those Middle
Management permanent employees in the unit for which the Union has been
recognized exclusively as the majority representative are listed in Resolution 6413,
Section Eleven, as amended, and as subsequently so designated as determined solely
by the City; excluding therefrom positions regarded as temporary, part-time and
seasonal; titles and positions established and created under federal contract and those
employees while under provisional or probationary status.
The granting of "exclusive" recognition shall not preclude employee self-
representation in matters where individual rights, protections and concerns are involved;
provided however, the representation rights of the Union as exclusive representative
shall not be compromised thereby.
Section 2 - No Strike
It is the purpose of this MOU for the parties hereto, to confirm and maintain the spirit
of cooperation, which has existed between the City of San Bemardino and the
employees of the City. It is recognized that any work disruptions are unproductive to
City operations and services provided its citizens. The Union and the City agree that
they shall at no time in any way jeopardize the public health, welfare and safety of the
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Mid-Management MOV
1999-320
City's business and residential communities. Thus, the Union and the City will strive to
promote a harmonious relationship between the parties to this MOU that will result in
benefits to the City and will provide continuous and uninterrupted employee services. It
is, therefore, further agreed that the Union shall not on behalf of itself and its members,
individually or collectively, engage in any curtailment or restriction of work. Should any
curtailment or restriction of work take place, paid leave benefrts (sick leave, vacation;
etc.) will not be available during such periods of time.
Section 3 - Pavroll Deduction
It is agreed that Union membership dues, insurance and premiums for plans
sponsored by the Union shall be deducted by the City from the pay warrant of each
employee covered hereby who files with the City a written authorization that such
deduction be made. Remittance of the aggregate amount of al membership dues and
insurance premiums deducted from the pay warrants of employees covered hereby
shall be made of the Union within 30 days after the conclusion of the month in which
said membership dues and insurance premiums were deducted.
The City shall not be liable to the Union employees, or any other persons by reason
of the requirements of this Section for the remittance of any sum other than that
constituting actual deductions made from employee wages earned. The Union shall
hold the City harmless for any and all claims, demands, suits, orders, judgements or
other forms of liability that may arise out of or by reason of action taken by the City
under this Section.
Dues deductions shall be a specified uniform amount for each SBPEA member. Any
change in the amount of dues deducted shall be by written authorization from the Union
with 30 days' notice to the City Finance Department of any change in the amount of
dues to be deducted.
All unit members who were members of SBPEA on Julv 1. 1999, and those
employees who thereafter become members shall remain as SBPEA members in good
standing for the duration of this MOU, except as provided herein.
During the first full week of April, members may request in writing to the Finance
Department, with a copy to SBPEA, to withdraw their authorization for dues deduction,
which shall become effective at the beginning of the first payroll period in June.
(Reference: Authorization for Checkoff for Union Dues - Exhibit #2)
Section 4 - Grievance Procedure
Puroose: The City of San Bernardino and the Middle Management Unit realize the
importance of a viable grievance procedure to aid in the resolution of disputes. It is
recognized that to maintain high employee morale and harmonious relations, an orderly
method of processing grievances is necessary. This procedure is intended to establish
a systematic means to process a grievance and to obtain fair and proper answers and
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Mid-Management MOV
1999-320
decisions regarding employee complaints. The representative of employees and
management at al levels will make continuing efforts to secure prompt disposition of
grievances. Every effort should be made to resolve grievances in the informal process.
The initiation of a grievance in good faith by an employee shall not cast any adverse
reflection on hislher standing with his/her supervisors or his/her loyalty as a City
employee nor be a reflection on the employee's supervisor 0 the department involved.
Definition of a Grievance: A grievance is an alleged violation of the terms of this
MOU. If the employee chooses to appeal disciplinary action to the Civil Service Board,
he/she shall be precluded from filing a grievance. The remedy selected shall be the
exclusive remedy pursued, either through the grievance procedure used under this
MOU, or through disciplinary appeals to the Civil Service Board
Additionally, allegations of discrimination or harassment may be submitted to the
Eaual EmDlovment Officer.
As used in this procedure, the term "immediate supervisor" means the lowest level of
supervisor not within the Middle Management representation unit.
ReDresentation: The aggrieved employee shall have the right to be represented.
This representation may commence at any step in the grievance procedure. Legal
counselor official representatives of the recognized employee organization only can
represent the employee. No person hearing a grievance need recognize more than one
City employee representative for any employee at anyone time, unless he/she so
desires. If the employee's legal counsel is not from the formally recognized employee
organization, a representative of that formally recognized organization may attend the
grievance hearing to insure that the solution reached does not violate the terms of the
MOU.
Consolidation of Grievances: 11:1 order to avoid the necessity of processing
numerous similar grievances at one (1) time, a single grievance may be filed.
Time Limitation: Time limitations are established to settle a grievance quickly. Time
limits may be modified by agreement of the parties. If at any stage of this grievance
procedure the grievant is dissatisfied with the decision rendered, it shall be the
grievant's responsibility to initiate the action, which submits the grievance to the next
level of review. The grievant may proceed to the next step if a reviewing official does
not respond within the time limits specified. A formal grievance may be entered into or
advanced to any step if the parties jointly so agree.
SteDs in The Grievance Procedure: The procedures outlined herein constitute the
informal and formal steps necessary to resolve an employee's grievance. An attempt to
settle the grievance in the informal structure at the employee-supervisor level is
required. The grievance must be submitted to the Informal Step within ten (10) working
days of the incident or of the grievant's knowledge of the incident's occurrence.
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Mid-Management MOU
1999-320
A. Informal: Initially, the grieving employee shall on a personal face-ta-face
basis discuss hislher complaint with his/her immediate supervisor informally. Within ten
(10) working days the supervisor shall give his/her decision to the employee orally. The
date and the subject of the incident should be provided with the request for the informal
meeting. The supervisor will document his/her response to the employee, in the event
the grievance proceeds to the Formal level.
B. Formal:
1. If the grievance is not adjusted to the satisfaction of the employee
involved, the grievance shall be submitted in writing by the employee or his/her
designated representative to the Department Head within the next ten- (10) working
days. The Department Head shall meet with the employee and/or his/her designated
representative within ten (10) working days of receipt of the written grievance and shall
deliver his/her answer in writing to the employee within ten (10) working days after the
meeting.
2. If the grievance is still is not adjusted, the aggrieved party may file a
written appeal with the Director of Human Resources or hislher designee shall meet
with the employee and if the employee desires, the designated Union representative
within ten (10) working days after receipt of the appeal and shall deliver his/her answer
in writing to the employee within ten (10) working days after the meeting.
3. If the grievance is still not adjusted, the aggrieved party may file a written
appeal with the City Administrator within ten (10) working days from the date of delivery
of said answer. State in writing the complaint and the desired result. The City
Administrator may meet with the employee and if the employee desires the designated
union representative within ten (10) working days after the receipt of the appeal and
shall deliver his/her answer in writing to the employee within ten (10) working days after
the meeting. The City Administrator's decision is final and binding on all parties, unless
reversed by a court decision.
4. Any grievance not answered by the City within the specified time limits
listed above shall be deemed settled on the basis of the Union's original demand.
Likewise, any grievance not answered by the Union as above shall be deemed settled
on the basis of the City's last official answer.
5. Time limits, as stated above in subsections 1-4 may be extended by
mutual agreement of the employee, his/her representative (if any) and the City.
Section 5 - Non-Discrimination
The City and the Union agree that there shall be no discrimination against
employees within the bargaining unit because of race, color, creed, religion, national
origin, sex, age, marital status or Union membership.
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Mid-Management MOV
1999-320
Further, there shall be no discrimination against individuals with disabilities, as
defined by the Americans with Disabilities Act {ADA) of 1990, when those individuals do
not pose a risk to the health or safety of themselves or others. The ADA expressly
identifies reassignment to a vacant position as one form of reasonable accommodation.
Section 6 - Emplovee Riahts
A. Employees of the City have the right to form, join and participate in the
activities of employee organizations of their own choosing for the purpose of
representation on all matters of employer-employee relations, including but not limited
to: wages, hours and other terms and conditions of employment. Employees of this
City shall have the right to refuse to join or participate in the activities of employee
organizations and shall have the right to represent themselves individually in their
employment relations with the City. No employee shall be interfered with, intimidated,
restrained, coerced or discriminated against by the City or by employee organizations
because of the exercise of these rights.
B. The City, through its representatives, shall meet and confer in good faith with
representatives of formally recognized employee organizations regarding matters within
the scope of representation, including wages, hours and other terms and conditions of
employment.
Section 7 - Classification
Classification review is a management tool to ensure the accurate reflection of tasks
and duties in each City position for the purpose of recruitment, compensation and
organizational structuring. The City shall notify SBPEA in writing on all classifications
and changes to classifications to this unit within ten (10) working days after such
changes have been approved by the Mayor and Council. New and revised
classification specifications shall be sent to SBPEA within the same time frame.
Section 8 - Bulletin Boards
The City will furnish a reasonable portion of existing bulletin board space in each
department/division for the purpose of SBPEA posting notices of pertinent SBPEA
business. SBPEA agrees that nothing libelous, obscene, and defamatory or of a
partisan political nature shall be posted. In the event that there is a dispute arising out
of the pertinency of any literature posted, the City Administrator or designee shall meet
with the SBPEA labor relations representative to resolve the problem as soon as
possible.
Section 9 - Access to Personnel Records
The City's Human Resources Department shall keep and maintain an official
personnel file for each employee. Personnel files are confidential.
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Employees or their authorized representatives shall have the right, upon request, to
review the contents of their official personnel files. Such review may be made during
normal working hours with no loss of pay for time spent, and the employee may be
accompanied by his/her authorized representative, if he/she so wishes. Employees
desiring to review such records shall make their requests in writing through the
Department Head to the Human Resources Department, if it is on City time. .
Letters of reference and other matters exempted by law shall be excluded from the
right of inspection by the employee.
ARTICLE 111- COMPENSATION
Section 1 - Waaes
Salaries are per Resolution No. 6413, Section Eleven, as amended by the Mayor
and Common Council. Exhibit #3 is a copy of the resolution.
A three Dercent (3%J salary increase shall become effective January 1. 2000: and.
a two Dercent (2%J salary increase shall become effective January 1. 2001: for all
members.
The Citv. at its eJCDense. a~rees to conduct a classification and comDensation
studv of DOSitions in the Mld-Manaaement Unit The Citv further a~rees that the
studv will be comDleted Dr/or to the eXDiration of the contract.
Section 2 - Actina Pav
A Middle Management employee who is assigned acting (complete) responsibility in
the absence of his/her superior by the Department Head and approved by the City
Administrator shall be paid for same as follows:
The rate of pay shall be a step on the range of the higher position, which allows the
"acting" employee at least a three percent (3%) increase. The employee shall be paid
from the first day of such assignment. To qualify for such acting pay, the Middle
Management employee must be assigned to same for at least 30 consecutive working
days.
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the purpose of this Section to provide such compensation for vacation relief under thirty
(30) days or for limited/short-term absences., .
Section 3 - Shift Differential
All employees within the bargaining unit assigned to the communications division;
shall receive the following pay differential, in addition to their regular base rate of pay for
actual "shift work" designated as either the "swing" or "graveyard" shift.
A. An employee assigned to the swing shift (normal start and ending time of 4:00
p.m. to 12 midnight, respectively) shall receive 35 cents per hour extra for all hours
actually worked during such assignment; or, .
B. An employee assigned to the graveyard shift (normal start and ending time of 12
midnight to 8:00 a.m., respectively) shall receive 45 cents per hours extra for all hours
actually worked during such assignment.
Section 4 - Waae Differential
All Mid-Managers shall receive payment at the step in the salary range which is not
less than five percent (5%) above his or her highest paid subordinate.
Section 5 - PERS
The City will continue to contract with PERS for the existing retirement benefit plan
and will contribute all of the seven percent (7%) employee contribution.
For any unit employee hired on or after January 1, 1998, the City will pay five
percent (5%) of the members' contribution to PERS credited to the employee's account
as a fringe benefit. Upon said employees completing five (5) years of service, the City
will pay seven percent (7%) of the members' contribution to PERS credited to the
employee's account as a fringe benefit on the first pay period of the sixth year of
service.
The Citv a~rees to amend the PERS contract to Drovide the 2% Ciil 55
retirement benefit. effective June 30.2001. to all unit members. All costs will be
covered bv the Citv.
The City will pay the employer contribution ($3.50/month) for the Fourth Level of
1959 Survivor Benefits.
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Section 6 - Overtime
The following three paragraph (Administrative Leave, Emergency Operations Center
and Fluctuating Schedules) apply to all unit employees with the exception of
classifications covered under the federal Fair Labor Standards Act (FLSA):
Administrative Leave: Unit employees will receive forty (40) hours of administrative
leave on July 1 of each year this MOU is in effect. Unused Administrative Leave may
not be carried forward from year to year and shall not be paid for at any time.
Employees receiving Administrative Leave shall not eam any additional time off or other
compensation for overtime work, except as described below.
Emeraencv Ooerations Center (EOC): The City will pay straight time overtime to
unit members assigned to work beyond their regular shifts, when the City's Emergency
Operations Center (EOC) is open, when such assignments result from a federal- or
state-declared disaster declaration and when the overtime worked is expected to be
reimbursed to the City by federal, state and/or other funding sources.
Fluctuatina Schedule: In the event that Unit members must work beyond their
regular shift or must work on a regularly scheduled day off to provide support for
prescheduled special events, the Department Head or designee has the discretion to
implement a fluctuating schedule, whereby the employees will work on the
prescheduled special event, in exchange for equivalent time off during the same pay
period. Each Department head shall consider any request of an employee as to
preference for taking the equivalent time off.
FLSA: Article III, Section 6, shall not apply to the following positions covered under
the Fair Labor Standards Act (FLSA): Dispatcher Supervisor; Fire Equipment Shop
Supervisor; Maintenance Supervisor (Sewer); and, Traffic Signals & Lighting
Supervisor.
Only hours actually worked shall be counted for purposes of calculating eligibility for
overtime compensation, as appropriate. Approved witness leave and jury duty, as set
forth in the MOU will be counted as actual hours worked.
Classifications covered by the FLSA shall have the option to participate in a
compensatory time bank.
Comoensatorv Time Bank: When an employee works overtime, he or shall eam
overtime at the FLSA rate. Following prior approval of overtime as described above, the
employee will either be paid for the overtime worked, or the number of overtime hours
worked will be placed in a compensatory time bank based on the employee's request.
The Finance Department (Payroll) will track the compensatory time accrued and used
and the compensatory time balance will appear on the employee's paycheck.
Department Head approval will be required in order for employees to use time from the
compensatory time bank.
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Once an employee's compensatory time bank reaches eighty (80) hours, the
employee will be paid for all subsequent overtime worked. By the end of each calendar
year, an employee's compensatory time bank must be reduced to forty (40) hours. Any
hours in the compensatory time bank in excess of forty (40) hours as of January 1 of
each year will be paid at the employee's regular rate of pay and will be included on the
second paycheck in March.
If the employee terminates employment of if the employee is promoted to another
position in the City, the compensatory time bank will be paid off at the then current rate
of pay.
Section 7 - Fines
The City shall pay for court fines imposed upon each regular Middle Management
employee within the unit of representation as a result of his/her conviction of a traffic
violation when such employee was directed to operate any faulty vehicle or vehicular
equipment, which was the proximate cause of a mechanical or other traffic violation
provided that such violation did not result from improper or negligent operation of the
vehicle on the part of the employee.
ARTICLE IV - FRINGE BENEFITS
Section 1 - HealthlLife Insurance
A. The City shall contribute monies toward health premiums for a full-time regular
Employee Plus One Dependent at the rate equivalent to the Kaiser South premium. In
addition, the City will provide payment at the rate of the Delta Dental high option plan or
its equivalent for a full-time, regular Employee Plus One Dependent. The City's
contribution will change to equal the cost in the Kaiser South premium and the Delta
Dental high option plan or its equivalent during the term of the MOU.
The City shall contribute the rate equivalent to the Kaiser South premium for a
full-time, regular employee only and the Delta Dental high option plan or its equivalent
for Employee Only for a full-time, regular employee with no dependents.
B. A full-time, regular employee must purchase medical insurance offered by the
City in order to utilize any of the contributions described in Article IV, Subsection A.
C. The City shall contribute a maximum of $16 per month per retiree to be used
exclusively for the purpose of medical insurance benefits.
D. The Accidental Death and Dismemberment (AD&D) plan in effect at this time
shall remain in effect for the term of this agreement.
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D. The Accidental Death and Dismemberment (AD&D) plan in effect at this time
shall remain in effect for the term of this agreement.
E. Cafeteria monies may be redesignated or a change of plans may be made only
during the open enrollment period, in accordance with the rules established by the
insurance plan selected by the employee. Plan additions and drops shall be made in-
accordance with the rules established by the insurance plan selected by the employee.
F. All full-time, regular employees shall participate in the City-sponsored long-term
disability (LTD) insurance plan. The City will pay 100% of the LTD insurance plan
premium for full-time, regular employees during the length of this contract.
G. The City will chanae the elimination Der/od for short-term disability (STD!
from 30 to 60 davs for disability coveraae for all Unit members.
Section 2 - Uniforms
If an employee is required to wear uniforms or any type of safety or protective
devices as a condition of employment, such uniforms or protective devices shall be
furnished to the employee at no cost to the employee. The City will maintain work
clothes that are laundered.
The City reserves the right to determine the manner in which the work uniforms and
protective devices are provided, to select the uniform rental service (as applicable) and
to select the style and color of the uniforms/protective devices.
Section 3 - Tuition Reimbursement
A. Puroose
1. To encourage the employees of the City of San Bernardino to take college
courses and special training courses that will better enable them to perform their
present duties and prepare them for increased responsibilities.
2. To provide financial assistance to eligible employees for education and
training.
3. To establish eligibility requirements, conditions and procedures whereby such
assistance may be provided.
B. Eliaibilitv
1. Applications for tuition reimbursement will be considered only from unit
members/employees who have completed probation.
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3. Applications will be approved only for courses directly related to the
employee's job or directly related to a .promotional position in the employee's
occupational specialty.
4. Courses not ostensibly related to the employee's job but which are required to
qualify for a degree that is directly related to his/her job may be reimbursable only after
all required occupationally related courses have been completed. .
5. Prior to receiving tuition reimbursement, employees must submit
documentary proof of having received a grade, which is consistent with the City's
affirmative action policy. Currently, this is a "CO grade. If objective ratings are not
rendered for a specific course, then a certificate of successful completion must be
submitted.
6. Approval will be limited to courses given by accredited colleges and
. universities, city colleges or adult education under the sponsorship of the Board of
Education. Workshops, seminars, conferences and similar activities not identifiable as
a formal course of instruction within the curriculum of a recognized educational
institution do not fall within the purview of this program, but may be authorized and
funded by the tuition reimbursement funds with the approval of the Department Head
and the City Administrator. No mail-order courses will be offered. -
7. When an employee is required by his or her Department Head to attend a
particular course or seminar, the expense shall be borne entirely by the 'department,
outside of this Subsection.
C. Reimbursement
1. Reimbursement will be for the cost of tuition or registration fees and the
required textbooks for each course. Additional expenses such as meals and parking
fees are not reimbursable.
2. Costs for required texts are eligible for 100% reimbursement and the
employee may retain the book(s).
D. Procedures
1. An employee who desires to seek tuition reimbursement under the provisions
of this Article must complete, in triplicate, a City Education Reimbursement form and
submit it to hislher Department Head for advance approval.
2. The Department Head will recommend approval or disapproval based on jOb
relatedness and forward the Educational Reimbursement form to other Director of
Human Resources.
3. The Director of Human Resources will recommend approval or disapproval
based on availability of budgeted funds for education tuition assistance and forward to
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the City Administrator for final action. One (1) copy will be retumed to the employee; a
copy will be returned to the department. It is necessary that the applicant accomplish
the procedures so far described in order to ascertain the eligibility of the intended
course of instruction for reimbursement under the provisions of this Section prior to the
inception of the course.
4. The employee will submit his or her copy of the approved application for
reimbursement within sixty (60) calendar days after the completion of the course and
final grade has been received. The employee must include official verification of his/her
final grade with appropriate receipts for tuition and textbook costs. These will be
returned to the employee upon request. Applications not submitted to the Human
Resources Department within the established time frame following completion of the
course become void.
5. Upon receipt of the application and required documentation, the Human
Resources Department will determine whether the completed course of instruction is
compatible with the proviSions of Subsections Band C of this Section. If found to be
compatible and funding available as described in this Section, the Human Resources
Department will compute the amount of reimbursement, authenticate the application
and forward it to the Finance Department with authorization to reimburse the employee
the approved amount.
6. All approved reimbursements forms must be returned Human Resources, if
the employee/student does not complete course.
ARTICLE V - LEAVES
Section 1 - Vacation
A. All employees covered by this MOU shall be entitled to paid vacations as follows:
Completed Years of Rate of Accrual Per Pay Equivalent Hours
Continuous Service Period Per Year
1 Year** 3.333 hours 80 hours
5 Years 5.0 hours 120 hours
15 Years 6.667 hours 160 hours
20 Years 8.33 hours 200 hours
*Service year begins on initial date of employment in a full-time regular status.
**No vacation granted or accrued, if service is less than one year.
B. The amount of accrual shall not exceed the specified number of hours granted
each year.
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C. Employees shall not be permitted to work in their City position in lieu of taking
vacation in order to receive additional compensation.
D. Except as provided herein, vacation time shall not accumulate or be allowable or
payable beyond the calendar year when due. Vacation credits may be accrued and
accumulated up to a maximum of two (2) years total accumulated vacation credits, upon
approval of the Department Head. Vacations or portions thereof from a prior year may
be taken consecutively with vacations or portions thereof of a succeeding year, subject
to the approval of the Department Head. Except as approved by the Department Head,
no vacation or portion thereof from a prior year shall run consecutively with the vacation
of a succeeding year; and, a period or three (3) or more months should normally elapse
between the expiration of one (1) year's vacation and the commencement of the next
year's vacation.
The vacation period to which any employee shall be entitled shall be assigned by
the Department Head in the calendar year when due, except with the Department Head,
with the approval of the Mayor, determines that an emergency or other valid factors
prevent the employee from utilizing his/her vacation during the calendar year when due.
Should this occur, the employee's vacation should be rescheduled at the very earliest
mutually acceptable date. Vacation requests will not be unreasonably denied.
E. Upon termination, payment for unearned but unused vacation or deduction for
used but unearned vacation shall be made on the basis of the hourly rate of pay being
received by the employee on the date of separation.
F. When an employee returns to work after a break in .continuous service" as
defined in Resolution No. 6433 as amended, and when such break in continuous
service shall have been by leave of absence with the approval of the Mayor and
Common Council, vacation time shall not accrue during a break in continuous service,
but shall accrue monthly from the date of retum to service from such approved leave of
absence, based upon the total length of service of the employee.
G. Whenever the terms "year or years of employment" appear herein, it shall be
deemed to include all services for the City of San Bemardino Board of Water
Commissioners and the San Bernardino Free Public Library Board. Years of
employment do not refer to participants in federally funded, temporary programs, e.g.,
Job Training Partnership Act (JTPA).
H. The employee shall not lose any vacation time off due to action by the City.
I. Vacation credits may be taken off in increments for four (4) hours, with prior
Department Head approval, unless Department work rules permit use in lesser
increments.
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Section 2 - Holldavs
A. Citv-Desianated Holidavs: All full-time employees within the bargaining unit, with
the exception of those employees mentioned in the following paragraphs shall be
entitled to twelve (12) City-designated holidays, the equivalent of ninety-six (96!
holiday hours each year. The following days will be holidays for the purpose of
this MOU:
New Year's Day
President's Dav
Martin Luther King, Jr. Day
Memorial Day
Independence Day
Labor Day
Traditional Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve Day
Christmas Day
New Year's Eve Day
Plus sixteen (16) hours of Holiday Account time per year (See Subsection B).
All full-time employees within the bargaining unit with the exception of those
employees shown in the following paragraph shall be allowed the above holidays at full
pay when such holidays occur within the regularly assigned working periods provided
they are in a paid status during any portion of the working day immediately preceding or
succeeding the holiday.
B. Holidav Account: Effective each January 1, unit employees will receive sixteen
(16) hours in their Holiday Account (formerly known as Floating Holidays). Employees
may have more than sixteen (16) hours accrued in their Holiday Account, but may only
carry over a total of sixteen (16) hours of holiday time to the next calendar year. Any
Holiday Account hours over sixteen (16) hours on December 31 of each year will be lost
hours.
If a holiday falls on a nine- (9) or ten- (10) hour workday, the employee will be
paid eight (8) hours holiday pay. The employee will accrue eight (8) hours of holiday
time, which will be placed on the employee's Holiday Account to be used by the
employee at a later date.
Each Department Head shall consider employees' requests for scheduling the
sixteen (16) Holiday Account hours per calendar year provided however, the final right
to allow the hours to be observed is reserved exclusively by the Department Head. The
Department Head will not unreasonably withhold permission to take time off.
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On City-designated holidays, new employees with less than six (6) months of
continuous service with the City will receive eight (8) hours of holiday pay and will be
able to "draw down" one (1) or two (2) hours from their holiday account depending upon
whether they are working a 9/80 or a 4/10 schedule. They may also elect to take one
(1) or two (2) hours of no pay. .
If new employees elect to draw down from the holiday account, the hours used
will be deducted from the sixteen (16) holiday account hours they receive upon the
completion of six (6) months of continuous service.
In the event of an eligible employee's failure for any reason to take such holiday
account hours during the term of this MOU, the employee shall be paid for his/her
holiday account balance upon separation from the City.
C. Employees who due to scheduling must work on a recognized City holiday will be
compensated on the basis of the number of hours worked on said holiday, excluding
lunch/dinner break. The hours accruing to the employee's holiday account for that day
shall not exceed eight (8) hours.
If a holiday occurs on a normal day off for an employee, the employee shall
receive no additional pay.
The decision as to whether in-lieu time off or pay is to be received shall be based
on the availability of funds and needs of the department, as determined by the
Department Head. If in-lieu time off is directed by the Department Head, it may be
added to the regular annual vacation period but must be taken within one (1) year of the
date said in-lieu time was earned. Employees of the Public Services (Refuse) Division,
except clerical employees and certain designated employees of the City Garage needed
to support the Public Services (Refuse) Division operations, shall enjoy all the holidays
listed above as they occur except November 11, the Friday after Thanksgiving Day and
the holidays observed the day before .Christmas and the day before New Year's Day.
Said employees shall receive an additional day's pay for each such holiday on which
they are required to work. If such holidays occur on a normal day off for said
employees, they shall receive no additional pay.
D. Holidays as listed above shall be allowed on a Monday if any such holiday falls
on Sunday and shall be allowed on the preceding Friday, if such holiday falls on a
Saturday, for all employees except those covered by other provisions therein.
At the beginning of each calendar year, the City will determine how many of the
above holidays fall on a regularly scheduled day off. An employee working on a 9/80 or
a 4/10 schedule will accrue the equivalent number of hours of holiday time (holiday
account) with one (1) holiday equivalent to eight (8) hours.
E. Holidays eamed in any twelve- (12) month period may not be accumulated
beyond the total number of holidays allowed each year by this MOU.
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Section 3 - Sick Leave
A. Definition: Sick leave means the absence from duty of an employee because of
illness or injury, exposure to contagious disease, attendance upon a member of his/her
immediate family who is seriously ill and requires the care of or attendance of an
employee or death in the immediate family of the employee. Immediate family means:
husband; wife; grandmother; grandfather; mother; father; sister; brother; son or
daughter or mother-in-law; father-in-law; sister-in-law; brother-in-law; son-in-law or
daughter-in-law.
Sick Leave Usaae for Familv Members: Nor more than forty (40) hours of sick
leave within any calendar year may accrue to an employee for the care of or attendance
upon members of their immediate family. Not more than forty (40) hours of sick leave
within a calendar year may be granted to an employee for each absence due to death of
a member of hislher immediate family as defined above.
Sick Leave Usaae for Emolovees: Upon the department's request, an employee
must provide a physician's statement to justify a sick leave of forty (40) consecutive
hours or longer. If the Department Head finds with just cause that sick leave is being
abused, the employee may be required to submit a physician's statement after any
absence.
No absence due to illness or injury in excess of forty (40) hours shall be
approved, except after the presentation of satisfactory evidence of illness or injury. A
certificate from a practicing physician or an authorized practicing chiropractor may be
required by the Department or Division Head and shall be subject to his/her approval
conceming such absence. The Mayor and Common Council shall have the power to
require that any person claiming the sick leave benefits of this MOU be examined at any
reasonable time or intervals by a designated physician, and in the event of an adverse
report, to reject such claim for sick leave in whole or in part, and to terminate sick leave
compensation. In the event of the refusal of any person to submit to such examination
after notification, the Mayor and Common Council may terminate sick leave
compensation and reject any claim therefor. The Mayor and Common Council shall
have the right to require the presentation of a certificate from a practicing physician or
the designated physician stating that an employee is physically or psychologically able
to perform his/her work and duties satisfactorily before permitting an employee who has
been on sick leave to retum to work.
In order to receive compensation while absent on sick leave, employees shall
notify their immediate supervisor or designee prior to or within thirty (30) minutes of the
time set for beginning their daily duties or as may be specified in department/division
work rules. When absence is for more than one (1) work day, the employee may be
required to file a physician's certificate or a personal affidavit with the Director of
Human Resources stating the cause of the absence. Sick leave with pay shall be
granted to all regular employees and to all temporary full-time employees whose
positions are funded under federal law who are regularly employed in permanent or
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federally funded positions if such benefit is required by said federal law. Sick leave shall
not be considered as a right, which an employee may use at his/her discretion, but shall
be allowed only in case of necessity and actual personal sickness or disability, except
as otherwise provided herein.
Whenever an employee is compensated hereunder for sick leave or injury and'
has not had a vacation at the end of the current calendar year, he/she shall be allowed
to take his/her vacation in the next calendar year, but must take said vacation prior to
the time he/she returns to work after his/her illness or injury.
Whenever the term .service to the City" appears herein, it shall be deemed to
include all service of the City of San Bernardino, the San Bernardino Board of Water
Commissioners and the San Bernardino Free Public Library Board.
B. All full-time regular employees who have completed the first six (6) calendar
months of continuous service with the City shall be granted a sick leave accumulation of
forty-eight (48) hours. After six (6) months or more of continuous service, employees
who are compelled to be absent from work on account of illness or injury other than that
which is compensable under Article V, Section 5, shall be compensated for sick leave,
provided that such compensation shall cease upon the exhaustion of all accumulated
sick leave. Employees shall not accumulate sick leave while compensated under the
provisions of Article V, Section 5.
In the event an employee is compensated for less than fifty percent (50%) of the
total normal work hours in the pay period, he/she shall accrue no sick leave for such
pay period and shall not be credited for the 4.0 hours of sick leave.
Whenever the employee uses all allowable sick leave, further absences may be
charged against accrued vacation or administrative leave (if eligible), upon approval of
the Department Head. If all allowable sick leave has been used and use of accrued
vacation and/or administrative leave is. disapproved, the employee will take loss of pay
for the time not covered by allowable sick leave.
Section 4 - Payment for Unused Sick Leave
Unused sick leave is payable at any resignation without prejudice (including death
and retirement) up to a maximum of fifty percent (50%) of a 1,200-hour cap.
For emolovees with over twentv (20) vears of service. one-hundred oercent
(100%) of all unused sick leave. uo to a 1.200-hour cao. will be oald at anv
resianation without oreiudice.
Section 5 - Iniury Leave
Effective with the first day of necessary absence for industrial accident or illness
leave, eligible employees will be approved to receive Workers' Compensation benefits.
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Each employee shall be authorized upon their written request to utilize any balance of
their accumulated sick leave, vacation, holiday and compensated time credit to augment
the amount of temporary disability they receive, to the extent the total sum received will
result in a payment equal to their normal compensation. The utilization of sick leave for
this purpose shall end with the termination of the temporary disability or when the
accumulated sick leave credits have been exhausted, whichever occurs first. .
When employees sustain what they believe to been an industrial injury or illness,
they shall request an "Employee Claim for Workers' Compensation Benefits. form from
the supervisor. The supervisor is required to give the employees this form within one
(1) working day of the City being notified of the injury. Supervisors will log date and
time employees were given form on Supervisor's Report of Injury. Employees must
return Employees' Claim form to supervisor to begin the process for filing an industrial
injury. In the event the employee is unable to prepare the form due to hospitalization,
serious illness or injury, the supervisor or a member of the department/division staff
shall prepare the required report.
The employee has the right to be examined and treated by a physician of hislher
choice, within the required time, of the alleged injury or illness, as required by the
California Labor Code. .
The City shall have the right to require the employee be examined by a physician
designated by the City, to assist in determining the length of time during which the
employee will be unable to perform the assigned duties, and if the disability is
attributable to the "injury involved."
Should there be a dispute between the physician selected by the employee and the
physician selected by the City, a third physician shall be mutually agreed upon between
the employee and the City to examine the employee, to assist in making necessary
medical determinations.
If an employee is receiving disability payments, the person shall be entitled to use
only as much sick leave or vacation as when added to the disability payments will
provide for a full day's pay.
Section 6 - Leave of Absence Without Pay
Leave of absence without pay is a temporary, non pay status and absence from duty
granted at the request of the employee. Leave of absence without pay me be granted
by the City Administrator for a period not to exceed six (6) months, upon the positive
recommendation of the Department Head. Under justifiable conditions, said leave may
be extended by the City Administrator for additional periods. Leave of absence without
pay will be considered favorably if it is expected that the employee will return to duty
and that at lease one (1) of the following benefits will result: increased job ability,
protection or improvement of the employee's health, retention of a desirable employee
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or furtherance of a program of interest to the City. Examples or conditions for which
leave of absence without pay may be granted are:
A. For an employee who is a disabled veteran requiring medical treatment.
B. For an employee who is temporarily mentally or physically unable to perform
his/her duties.
C. For an employee who files for or assumes elected office.
D. For matemity or patemity leave, upon the recommendation of the attending
physician.
E. For military leave when the employee has less than one (1) year of service to
qualify for leave with pay.
An approved leave of absence without pay for less than sixty (60) days in any
calendar year will not be considered a break in service. Leave in excess of sixty (60)
days shall result in the advancement of the employee's anniversary date and
compensation advancement date to such date as will account for the total pe"riod of
uncompensated time off. Failure to return to duty at the expiration of the approved
leave of absence without pay shall constitute an automatic resignation.
The City's contribution towards an employee's health and life insurance premiums
will not be extended beyond the last day of the month in which a leave of absence
without pay begins jf the leave of absence without pay becomes effective during the first
fifteen (15) days of the month, nor beyond the last day of the next succeeding month if
the leave of absence without pay becomes effective after the fifteenth day of the month,
unless the employee is returned to work from leave of absence without pay status prior
to the date of the City's contribution would be discontinued. In the event the employee
desires to maintain full health and life insurance coverage while on leave of absence
without pay status, he/she may arrange to pay the insurance premiums for the coverage
desired (both employee and the employer portions). It is the responsibility of the
employee to contact the Human Resources Department in this regard. The payment
of the amount of the premiums must be made to the City prior to the date, which the
City's participation will terminate. Payments must be made directly monthly thereafter
to the insurance carrier until the employee either returns to work or his/her employment
with the City is terminated.
Upon an employee's retum to work, the City's contribution towards the employee's
health and life insurance premiums will begin on the first day of the month following the
end of the leave of absence without pay if that leave of absence without pay terminates
between the first and the fifteenth days of the month, or on the first day of the next
succeeding month if the leave of absence without pay terminates after the fifteenth day
of the month.
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Notwithstanding any other provisions of this Section to the contrary, the City will
continue its contribution for health and life insurance premiums of an employee on leave
of absence due to any injury or illness out of and in the course of his/her employment
with the City.
In circumstances in which either the Federal Family Leave Act or the State Medical"
and Family Leave Act apply, the City shall adhere to the requirements of the Acts.
Section 7 - Witness Leave
Unit members shall be entitled to witness leave when subpoenaed to testify as a
witness in civil litigation involving the City, such subpoena being properly issued by a
court, agency or commission legally empowered to subpoena witnesses. This benefit
shall not apply in any case in which the subpoenaed employee is a part to the action,
unless the action arose in the course and scope of the employee's employment with the
City. Witness leave shall not be charged against any accumulated leave balances and
shall be compensated at the employee's base hourly rate. An employee may not be
denied leave to appear at a proceeding subject to a lawful subpoena.
Section 8 - Blood Donations
Employees in regular positions, who donate blood in the interest of the City without
receiving compensation for such donation, may have the required time off with pay with
the prior approval of the immediate supervisor for each such donation. This benefit
shall not be charged to any accumulated leave; provided, however, if the employee is
unable to work after such donation, time may be charged to accumulated sick leave or
be taken as leave without pay. Evidence of each donation must be presented to the
appointing authority to receive this benefit.
Section 9 - Catastroohic Leave
Upon request of an employee who is experiencing catastrophic illness, and upon
approval of the Department Head, leave credits (vacation or floating holidays) may be
transferred from one or more employees to the affected employee, under the following
conditions:
A. Sick leave accruals cannot be transferred among employees.
B. The employee with a catastrophic illness or injury has exhausted all other leave
accruals and has completed at least one year of continuous service with the City.
C. The donation must be in four- (4) hour increments of vacation, compensatory
time or floating holidays by employees who have completed at least one (1) year of
continuous service with the City.
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D. Employees may not donate leave they would otherwise forfeit. For example,
employees who are separating from City employment may donate leave only up to the
amount of the payment they would receive upon separation.
E. Donations shall be on a form developed by the Human Resources Department,
signed by the donating employee, approved by the Department Head and verified by
the Finance Department. Procedures shall be as approved by the City Administrator.
F. An appeal will be considered on a separate basis, if denied.
ARTICLE VI - WORKING CONDITIONS
Section 1 - Workina Conditions
A. City Work Schedules: City work schedules shall be as herein defined, except
as otherwise provided for:
1. 5/40 Work Schedule: The 5/40 work schedule shall consist of a forty-
(40)hour workweek consisting of five (5), eight- (8) hour work days, exclusive of any
meal periods assigned by management.
2. 9/80 Work Schedule: The 9/80 work schedule shall consist of eight (80) work
hours in a two- (2) week period consisting of eight (8), nine- (9) hour work days and one
(1), eight- (8) hour work day, exclusive of any meal periods assigned by management.
3. 4/10 Work Schedule: The 4/10 work schedule shall consist of a forty- (40)
hour workweek consisting of four (4), ten- (10) hour work days, exclusive of any meal
periods assigned by management.
The primary work schedule will.continue to be the 9/80 work schedule, as defined
above, unless changed by action of the Mayor and Common Council when it
reconsiders extension of the 9/80 schedule.
Work schedules shall be posted on all department bulletin boards showing the
employee's shift, work days and where known, hours.
B. Work Schedule Adiustments: It is understood and agreed that Department
Heads shall establish such work schedules as may be necessary for the efficient and
economical provision of services for the public, and to make such adjustment in work
shifts as are from time to time required. The City shall give the employees and the
Union two- (2) week notice of any proposed changes in scheduled work shifts prior to
implementation. If the Union wishes to consult with management regarding the
proposed changes, it shall notify t he City within seven (7) calendar days from receipt of
notice. Upon notification by the Union, both parties shall meet promptly in an earnest
effort to reach a mutually satisfactory resolution of any problems arising as a result of
23
Mid-Management MOV
1999-320
the proposed changes. Work schedule changes resulting from an emergency situation
or circumstances which disrupt normal City operations as determined by the
Department Head are not bound by the two- (2) week notice requirement.
Section 2 - Phvsical Examinations
The City shall pay medical fees for the physical examination of any permanent
member when such examination is required and directed by the City after employment.
The City may arrange with a physician or medical group for such examination; or, if the
situation warrants, the City may authorize an employee to be examined by a doctor of
his/her choice. In the event an employee is authorized to be examined by a doctor of
his/her choice, reimbursement shall be made by the City for the cost thereof provided,
however, that the amount of the reimbursement shall not exceed the cost the City would
have paid to its contract physician or medical group. Physical exams taken by a Middle
Management employee on a voluntary basis are not reimbursable by the City.
However, if a Department Head requires a Middle Management employee to maintain a
Class A or Class B driver's license, such license exams as required will be scheduled
with the City's contracting physician at no cost to the Middle Management employee.
Section 3 - Drua and Alcohol Testina
In addition to employees already covered under the Department of Transportation
(DOT) for drug and alcohol testing, all Middle Management employees will participate in
drug and alcohol testing, following the reasonable suspicion Drug/Alcohol Testing
procedure described in the City of San Bemardino's Policy on Drug and Alcohol Testing
of Employees with Commercial Drivers' Licenses.
If a supervisor has a reasonable suspicion that an employee has been abusing
drugs or alcohol, that supervisor will immediately notify his/her immediate supervisor of
these suspicions and document the observations on a reasonable suspicion checklist.
The conduct of the employee must be witnessed by a supervisor who has received
training consisting of at least 1-1/2 hours on identification of actions, appearance or
conduct which are indicative of the use of drugs or alcohol. A supervisor must directly
observe and document the behavior. Reasonable suspicion may not be based upon
hearsay.
Section 4 - Seniority
Department Heads will consider seniority in authorizing vacations and scheduling
shift assignments and transfers. Seniority shall prevail when all the factors are not
significantly different. "All factors" is defined as special qualifications, skills, work
performance as well as attendance and safety. An employee shall not attain seniority
until the completion of a probationary period.
24
Mid-Management MOU
1999-320
Section 5 - Probationary Period
Employees in the Middle Management unit shall have a probationary period of one
(1) year. After successfully completing same, the seniority date shall be from the last
date of hire within the department. division or section. All employees shall serve twelve
(12) months in the step in which they were first hired, before becoming eligible for a step
increase to the next step.
ARTICLE VII. GENERAL PROVISIONS
Section 1 - Waiver Clause
The parties acknowledge that during the meet and confer process which resulted in
this MOU each had the unlimited right and opportunity to make demands and proposals
with respect to any subject or matter not removed by law, City Charter. Ordinance,
Resolution, Personnel and departmental rules and regulations from the scope of
negotiable issues and that the understanding arrived at by the parties after the exercise
of that right and opportunity are set forth herein. Therefore, the City and the Union for
the life of this MOU each voluntarily and without qualification waives the right, each
agrees that the other shall not be obligated, to meet and confer with respect to any
subject or matter referred to, or covered in this MOU.
Section 2 - Severabilitv
It is understood and agreed that this MOU is subject to all current and future
applicable federal and state laws and regulations and the current provisions of the
Charter, Ordinances, Resolutions and other rules and regulations of the City of San
Bemardino. If any part or provision of this MOU is in conflict or inconsistent with such
applicable provisions of those federal, state or City enactments, or it is otherwise held to
be invalid or unenforceable by any court of competent jurisdiction, such part or
provisions shall be suspended and superseded by such applicable law or regulations.
and the remainder of this MOU shall not be affected thereby. The parties hereto agree
to refrain from initiating any action that would invalidate any part of the MOU.
Section 3 - Printina of Memorandum of Understandina
The City and the Union will share the cost of the printing of the MOU as follows: The
Union agrees to pay for the cost of the copies to be distributed to its unit members.
Section 4 - Term of Memorandum of Understandina
This MOU will run for the period starting Julv 1. 1999. and endina June 30. 2002.
25
Mid-Management MOV
1999-320
If negotiations regarding an MOU are in progress at the time the current MOU
expires, or if the parties are at impasse, the- current MOU shall remain in effect until a
successor MOU is adopted by the Mayor and Common Council.
Section 5 - Notice of Intent to ReoDen
The parties agree that if either party desires to propose changes in the terms or
conditions of this MOU for the period following expiration of this MOU, notice shall be
given to the other not later than the last working day of Februarv 2002, that such
discussions are desired. Such notice shall request a meeting to begin negotiations and
establish ground rules which shall include at a minimum the date beyond which no
further proposals may be submitted by either party.
Section 6 - New Emolovee Information
Once oer month. the Human Resources Deoartment will furnish the UnIon with
information on new Middle Manaoement UnIt emolovees. excludlno theIr home
addresses. Data will include emolovee name. title. deoartment. deoartment
ohone number and date of hire. Data will not be orovlded until at least ten (10}
worklno davs followlno aooroval of the aooointment bv the Mavor and Common
Council.
26
Mid-Management MOV
1999-320
MID-MANAGEMENT EMPLOYEES'
MEMORANDUM OF UNDERSTANDING
1999-2002
Executed this
day of
,1999.
~~.
/ ~
Susan Lien
Mayor Pro Tem
San Bernardino Public
Employees' Association (SBPEA)
/:1.. At) ~"7-9
, .
ATTEST:
~h.~
Approved as to form
And legal content:
.f~~
Attorney
27
Mid-Management MOV
1999-320
INDEX
Subiect
Paae
Access to Personnel Records.................................................................................... 7
Acting Pay......... ............. .................... ............ ......................... ....... ............... ........ ..... 8
Agency Personnel Rules............................................................................................3
Blood Donations ......................................................................................................22
Bulletin Boards...... .............. ..................... ..... .................................... .............. ........... 7
Catastrophic Leave..................... .......................................................... ................... 22
Classification... ... .... ........... .................... ....... ... .......................................... ... ..... ..... .... 7
Definition of Terms......... ......................... ................................................................... 1
Drug and Alcohol Testing......................................................................................... 24
Employee Rights........................ ................................................................. ............... 7
Fines.................................. .................. ..... ............................................. .................. 10
Grievance Procedure... ............................................. ............................. ..... ..... .......... 4
Health/Life Insurance...............................................................................................11
Holidays......... ....... ........ ........................................................................................... 15
Injury Leave ............................................................................................................. 19
Labor-Management Committee............................................................ ....... .......... .... 3
Leave of Absence Without Pay................................................................................ 20
Management Rights...... ...................................................................................... ....... 2
New Employee Information...................................................................................... 26
No Strike................................................................................................... ................. 3
Non-Discrimination.................................................................................................... 6
Notice of Intent to Reopen ....................................................................................... 26
Overtime................... .................................................................................. ............. 11
Payment for Unused Sick Leave.............................................................................. 19
Payroll Deduction.......................................................................................... ............. 4
PERS ........................................................................................................................ 9
Physical Examinations ....................................................................................... ...... 24
Printing of Memorandum of Understanding ............................................................. 25
Probationary Period ..................... ................................................... ........ ..... .............25
Recognition.......................................................................................................... ...... 3
Seniority ................................................................................................................... 24
Severability.............................................................................................................. 25
Shift Differential......................................................................................................... 9
Sick Leave ............................................................................................................... 18
Term of Memorandum of Understanding ................................................................. 25
Tuition Reimbursement.. ............................ .............................................................. 12
Uniforms........ ....................................... ......................................... ...... ............ ........ 12
Vacation.. ............ ...................................................................................... ....... ........ 14
Wage Differential ....................................................................................................... 9
Wages........................................................................................................................ 8
Waiver Clause .........................................................................................................25
Witness Leave .........................................................................................................22
Working Conditions.......................................... ........................................................ 23
Mid-Management MOU
-
1999-320
c." 0'
EJthfbft 1
San l)ernardino
C.Y1L ....IC. ."...
H. D 0 U. C H AND L lit
C.'I' ...1.."
. Jfoveaber 5, un
SUsan 'l'arv1D
SaD BernadiDo Public _101'... a..oclatioD
433 Korth sierra Way
..0. lox 30. .
San BernadiDO, Cl 12404-0301
.
.
Dear Ka. 'l'arv1D1 "
i'b. funcUozw of the Civil service Boad an clearly ouU1M4 b
the city Cartel" hctlozw 24. tJma au an4 tile CU'nft~ Civil
Service'Rule. claUd "anua~..21, 1'13.
fte C1911 service lbal.. u. 81:111 ":1a -C~be. ~ they COM
ou~ of coa1~., ...~ an4 ocmr~ ...tlnt.' rill .. Iaeld with all
representeel~. 'four o~an1I.~I. will .. DOUri.. .. va
reach this pobt..
- .
If you have further quut.lon8 OIl this ..tur pl.... call .. at
(714) 314-5001.
.
CId.r
., ClYll ice Board
BDC/hjc
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1999-320
Exhibit 2
AU'l'BOJt%D'lIOB .0. CBBCKOPl' POll UHIOH IlUBS
-% hereby authori.e the FiDance Deparbent of the Ci'ty o~ San
BeZ'DU'CIlrio 1:0 4e4uat tRIa IIY ..~. the ngular aoAth1y du..
(unJ.~on OD dollar DOUftt). 1ft the UIOWlt cutitie4 by the SaIl
'BeZ'DU'4ino Publio _loy.... &a.ooiation (SUM) . and ~
au~rb. the naithnce O~' neb --oomt(a) 1:0 8UBA 1ft acco~.1lCe
vl1:1lthe ClHftDt:17 .fteoUve ~ _Ween the Ci9 Ud .....
~. a1lthoriaatlOa ia nvooallil. _ a aotic:a !a W'lUag W tile
F1Dance DepartMat with a oopy to 8BPBA _ 4e.cr1!le4 1ft ~ CU1'Z'Ut
~t.-
-% hereby waive all r19ht and claia ~or _14 -m.. eo 4a4ucte4 aDd
" 1:I"a..._ft:1:e4 iIa aooozol4lnoe with MIlI_ authorb_UoD aDlI. ~ and
. aepanbly. nlieva tile City. any ~t ot 1:be City; .ana aDd
Ii all their otticen. repz.uantativ.. or _gente rl.oa liability
1:here~0Z'.. .
,
~
..
Prlnt Bu.
:
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Date
1/10/92.CP.~BIP