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HomeMy WebLinkAbout20-Human Resources CITY OF BERNARDINO - REQUEST FOR COUNCIL ACTION From: EDWARD S. RAYA Subject: RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLU- TION NO. 6413, SECTION TEN (GENERAL UNIT), & A RESOLUTION IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE GENERAL UNIT EMPLOYEES. Dept: HUMAN RESOURCES OR/~"j~', ,~ Date: SEPTEMBER 10,2001 Synopsis of Previous Council Action: December 20, 1999, the Mayor and Common Council approved a resolution implementing a Memorandum of Understanding (MOll) between the City of San Bernardino and employees in the General Unit represented by San Bernardino Public Employees' Association (SBPEA). March 23, 2001 Mayor and Common Council received and filed Classification and Compensation report. Recommended Motion: Adopt Resolutions. (' ~h~v Signature ::ontact Person: Edward S. Rava Phone: 384-5161 ;upporting Data Attached: Yes Ward: 'UNDING REQUIREMENTS: Amount:$1.042.000 in FY 2001-02 Source: (Acct No) (Acct Desc2 .~ Finance: Ylul(u~ A LA. ::CUneil Noles: ~c, .>J- 2CPl- 6Cl~ L=I-:CS-'{' Agenda Item No. lol'/b) J.O' . CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Resolution of the City of San Bernardino amending Resolution No. 6413, Seetion Ten (General Unit) and adopting the Memorandum of Understanding. BACKGROUND The Memorandum of Understanding (MOU) between the City of San Bernardino and employees in the General Unit represented by San Bernardino Public Employees' Association (SBPEA) expired June 30, 2001. Negotiations with the SBPEA representatives were initiated in May and a tentative agreement was reached on August 23, 2001. The SBPEA voted to accept the City's offer on September 6, 2001. The proposed agreement is for a period of three (3) years and includes the following significant economic benefits: Salaries Effective the following payroll after Couneil approval of the MOU, emproyees in the General Unit will be adjusted from their current salary ranges and steps to the new ranges and steps as set forth in the Classification and Compensation Study received and filed by the Mayor and Common Council in March 2001. For imprementation purpose only, step placement will be nearest dollar that provides a four percent (4%) salary adjustment using a one percent (r %) salary scale. The only exception wonld be an employee whose new range wonld not allow a four percent (4%) adjustment, in which case the employee would be placed at top step of the new range. Subsequent step increases based on current step increase dates, will revert to the current five percent (5%) increase within the assigned range, employees whose range will not support a five percent (5%) increase will receive less than five percent (5%). Effective January 1,2003, a four percent (4%) Cost-of-Living Adjustment (COLA) will be given. This COLA will result in the entire pay scale moving upward by four percent (4%). Effective January 1, 2004, a three percent (3%) Cost-of-Living Adjustment (COLA) will be given. This COLA will resnlt in the entire pay scale moving upward by three percent (3%). Certification Pay Effective January 1,2002, employees in the following elassifications: . Code Compliance Officers, Equipment Mechanics; Animal Control Officers, City Clerk Business License Checkers Shall receive, in addition to their regular compensation, $50 a month payment ($25 paid each pay period) for obtaining and maintaining the following certifications: . ICBO or AACE Certificate . ASE designation of Master Certified Mechanic . Fire Mechanic Level II . NACA (3) Certificates . Certified Revenue Officers Certificate pay is limited to $50.00 per month per eligible employee. HealtblLife Insurance As of January I, 2002, the City will contribute: An additional $65/month towards health premiums for unit employees who enroll in medical plans with Employee Plus One or More Dependents. The $65/month will result in an increase to a flat rate of $400/month; A flat rate of$265/month towards the purchase of health care premiums for "Employee with No Dependents." If during the duration of this contract the premiums for the Kaiser South coverage for employee with no dependents exceeds $265/month the City agrees to reopen the contract to discuss increasing this benefit. AD & D Insurance The City shall provide each employee with $25,000 Accidental Death and Dismemberment (AD&D) plan insurance coverage at no cost to the employee. Payment of Sick Leave Unused sick leave is payable at any resignation without prejudice (including death and retirement) up to a maximum of fifty percent (50%) of unused Sick Leave up to the 600- hour cap. For employees with over twenty years of service, one hundred percent (100%) of all unused sick leave up to the 600-hour cap will be paid at resignation without prejudice. Vacation Sell Back Employees may sell back up to 40 hours of vacation time per year providing that the following conditions have been met: 1. ElllPloyees must have a minimum of 120 hours in their vacation balance before sell l>ack occurs. 2. Employees must have taken a one- (I) week vac&tionduring the past year prior to the sell back of hoW's. 3. Employees must complete a sell back form, wfficll ffilfst include a department l1ead .' 4. Forms must be submitted to the Finance Department on or before Aprill5th of each year. 5. Payment for vacation sell back hours will be paid (using current Council approved salary rates in the salary resolution) on the employee's May 15th paycheck each year. In addition to these economic benefits contained in the proposed MOD, there are a number of language changes being recommended by staff. These proposed changes will clarify responsibilities and facilitate improved labor relationships. The proposed language changes are highlighted in bold print in the MOU. Staff is also recommending adoption of Salary Resolution 6413, Section Ten, which implements the salary changes recommended by the classification and compensation study. This study was received and filed by the Common Council in March, and accepted by the SBPEA during the negotiations. FINANCIAL IMPACT , The contract cost for FY 2001 - 2002 is approximately $1,042,000. The total contract cost is approximately $5,331,000 and the annual recurring cost are approximately $2,625,000. The cost for FY 2001-2002 have been included in the budget. RECOMMENDATION Adopt resolutions. Attachments ~ ...... TO: CITY OF SAN BERNARDrNO FINANCE DEPARTMENT INTEROFFICE MEMORANDUM Fred Wilson, City Administrator IJ IJ ~ Barbara Pachon, Finance Director If' . FROM: SUBJECT: Comparison of FY 01-02 Salary Adjustments to Budget DATE: September 26, 2001 COPIES: As requested, attached is a spreadsheet that shows all the proposed salary adjustments for Charter 186 and Union Negotiations for FY 01-02 compared to what was included io the budget. Based on the salary adjustments that have already been approved by the Mayor and Council and what is anticipated to be approved at the October 151 Council meeting, there will be a remaining available balance in the budget of at least $717,700. Once Finance prepares the detail budget amendment for the General Unit and Mid-Mgmt. groups I anticipate there will be a little more savings generated io the General Fund over the $717,700, as a result of these groups being partly charged to non-general funds. All the remaining available balance in the budget will be used in the following fiscal year to help pay for the COLA's and other negotiated b~hefits approved by the Mayor and Council for the groups. Please let me know if you have any questions. i........ - 10/\10\ .;t:t 1 II , . - CITY OF SAN BERNARDINO COMPARISON OF FY 01-02 SALARY ADJUSTMENTS TO BUDGET FY 01-02 FY 01-02 Department Charter 186 Negotiations TOTAL Name Costs Costs Police 868,000 868,000 Police Mgmt 110,000 110,000 Fire 601,500 601,500 Fire Mgmt 56,300 56,300 General Unit 1,042,000 1,042,000 Mid-Mgmt 119,800 119,800 Mgmt./Conf 384,700 384,700 Subtotal 1,635,800 1,546,500 3,182,300 FY01-02 Budget 1,700,000 2,200,000 3,900,000 Balance Available 64,200 653,500 717,700 - ,'_. '- . ~cg~\7 - 1 2 Resolution No. 3 RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A 4 EMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN ERNARDINO AND EMPLOYEES IN THE GENERAL BARGAINING UNIT OF THE 5 ITY OF SAN BERNARDINO REPRESENTED BY SAN BERNARDINO PUBLIC 6 MPLOYEES ASSOCIATION. 7 8 9 WHEREAS the designated representatives of the Mayor and Common Council et and conferred in good faith with representatives of San Bernardino Public 10 f San Bernardino, in accordance with the provisions of Government Code Sections mployees' Association (SBPEA) representing the General Unit employees of the City 11 500-3510, to agree upon a new Memorandum of Understanding (MOU); 12 13 WHEREAS such meetings resulted in agreement on an MOU (Exhibit A, a copy - L.. 14 f which is attached hereto and incorporated herein) effective July 1, 2001, through 15 une 30, 2004. 16 17 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCil OF THE CITY F SAN BERNARDINO, AS FOllOWS: 18 SECTION 1, Exhibit A to this resolution is hereby adopted establishing wages, an Bernardino, .r- \- 21 22 23 24 /I 25 26 27 28 V(O, ZD A (0 ! ( /0/ ...".,,-"" '- - \.... .~ '- 1 RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A EMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN 3 ERNARDlNO AND EMPLOYEES IN THE GENERAL BARGAINING UNIT OF THE ITY OF SAN BERNARDINO REPRESENTED BY SAN BERNARDINO PUBLIC 4 MPLOYEES ASSOCIATION. 5 6 7 8 9 10 11 12 13 2 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the ammon Council of the City of San Bernardino at a meeting thereof, day of , 2001, by the following vote, NAYES ABSTAIN ABSENT AYES OUNCILMEMBERS: STRADA IEN CGINNIS CHNETZ 14 UAREZ 15 NDERSON 16 cCAMMACK 17 18 19 20 21 Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this day of ,2001. 22 23 24 pproved as to form and egal content 25 26 27 28 Judith Valles, Mayor City of San Bernardino '- GENERAL UNIT EMPLOYEES r-. ',- MEMORANDUM OF UNDERSTANDING Made and Entered Into Between The City of San Bernardino And The San Bernardino Public Employees Association JULY 1, 2001 To JUNE 30, 2004 - City of San Bernardino Office of the Director of Human Resources '-' /,.".,., .~ - '- - '-' 1 General Unit MOU '-" I"'" '- - ........ City: Classification: Dav: Excrusion: General Unit: Mandatory and Permissive: MOU: Union: DEFINITION OF TERMS The City of San Bernardino Includes titles listed in Section 10 of City Resolution No. 6413, as amended. As it pertains to a holiday, sick reave day or a vacation day, one (1) "day" equals eight (8) hours, unless otherwise specified. Excluded from the General Unit for purposes of representation are: classification titles designated as management/confidential, middle- management or safety, positions established and created under federal contract, and temporary, part-time, provisional and probationary individuals. Includes titles listed in Section 10 of City Resolution No. 6413, as amended. Additional titles in the General Unit may be established by the Mayor and Common Council. Also reference "Exclusions" above. "Shall" is mandatory; "may" is permissive. Memorandum of Understanding The exclusive bargaining representative for the General Unit 2 General Unit MOU '-' ARTICLE I - ADMINISTRATION SECTION 1 - Management Rights ,- '- This Memorandum of Understanding (MOU) shall not be deemed to limit or eurtail the City in any way in the exercise of the rights, powers and authority, which the City had prior to adopting this MOU, except to the extent that the provisions of this MOU specifically curtail or limit such rights, powers and authority. Furthennore, the City retains alr its exclusive rights and authority under City Charter, ordinances, resolutions, state and federal laws and expressly and exclusively retains its management rights, which incrude but are not limited to: the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of selection for emproyment promotions; direct its employees; establish and enforce dress and grooming standards; determine the methods and means to relieve its employees from duty because of lack of work or other rawful reasons; maintain the efficiency of governmental operations; determine the methods, means and numbers and kinds of personnel by which government operations are to be conducted; determine the content and intent of job classifications; determine methods of financing; determine style and/or types of City-issued wearing apparel, equipment or technorogy, means, organizational structure and size and composition of work force and allocate and assign work by which the City operations are to be conducted; detennine and change the number of work locations, relocations and types of operations, processes and materials to be used in carrying out all City functions, incruding but not limited to the right to contract for or subcontract any work or operations of the City; assign work to and schedule employees in accordance with requirements as determined by the City, and establish and change work schedules and assignments upon reasonable notice; establish and modify productivity and perfonnance programs and standards; discharge, suspend, demote, reprimand, withhold salary increases and benefits or otherwise discipline emproyees in accordance with the applicable law; establish employee perfonnance standards including, but not rimited to quality and quantity standards; and, carry out its mission in emergencies and exercise complete control and discretion over its organization and the technology ofperfonning its work. SECTION 2 - Employee Rights (The City and the Union mutually agree to meet and confer regarding modifying this language pending the outcome of the Agency Shop election.) .-. '- A. Employees of the City have the right to fonn, join and participate in the activities of employee organizations of their own choosing for the pwpose of representation on all matters of employer-employee relations, incruding but not limited to: wages, hours and other terms and conditions of employment. Employees of this City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themserves. 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. 3 General Unit MOU .- "- r- "'-' ,... '-' B. The City, through its representatives, shall meet and confer in good faith only with representatives of formally recognized ernployee organizations regarding matters within the scope of representation, including wages, hours and other terms and conditions of employment. SECTION 3 - Contract Services It is not the Intent of the Citv to cause emDloyees to lose their lobs because of a decision to contract work. If a decision is made by the CItv to contract work not now contracted. and that decision win result in chan2e in the work conditions or status of emDloyees In the unit. the CItv a2rees to meet and confer in 200d faith with the Union orior to makin2 a (mal recommendation to the Mayor and Common Council. It is Ret the iBteat sitlis City te elH:tSe empleyees t9 lese their jass BasaliS! sf a deeisieB t9 eeBtfaet -,vark. Hey.w/IY/ef, if a deeisieB is maSs hy the City te e9ftH:aet V.~9fk Bet B9\1: eefHHetea, and tltat aeeisisB .J!.~1I resak in ooAftge ill tile -;vade status sf empleyees in 188 URiaB FepFeseBtaaea anit "ner t9 eeBeladiBg 188 researek and aaalysis Beeessary fer die implemeRtaaaR af SHaft a daeisiaR, tae City '.viIlmeet llftEl eamar ill geed fGitft. eeaeefBiBg tfte lBanpe"xer reS91:1fee eensidsfB.tisfl5 iB.'18y."ea &BEl resews reeSB1ftl8BdaaeRS hill 1:118 URiaH 18 RaaSe .8 epee! apes jees petfefHied BY lHlit eBil'leyees. The YaleR aNees t8 elimiBate meeBB2: with the Bw:aBm8ti8B e8BlmHtee 1I8ul after lIireeSi8B (reRl tile MF..SF aad CaBlBleR CeuRel1. The Citr ,viII BetiC.: the lIBieB wileR seelaB~ diFeedeR IFelR the MlfV8F aBd CeBllReB CellBeil. The City agrees t9 refer te the )3fbretizaaea eeHuBhtee is. ai./8ftee 9f sul:11m~ t9 tlte ~iayer BRa CammeR CalHleil afty JBa~er eeBeemiBg tBe eeatfaetiBg ellt ef s~ees elllTeB~ llerfafHledlly GeRefe!. Unit empleyees. SECTION 4 - Agency Personnel Rules It is understood and agreed that there exists within the City in written or unwritten form certain personnel rures, policies, practices and benefits generally contained in "Civil Service Rules and Regulations for the Classified Service"; Resolution No. 6433, as amended; Resorution No. 10584, Establishing Uniform and Orderly Methods of Communications Between the City and its Employees for the Purpose of Promoting Improved Emproyer-Emproyee Relations, as amended; and, Resolution No. 10585, Adopting Rules and Regulations Relating to Emproyer- Employee Relations, as amended, which documents will continue in effect, except for those provisions modified by the Common Council in accordance with state laws, orders, regulations, official instructions or policies. In the cases of proposed changes to the resolutions other than by agreement, the Union shall be consulted with prior to the consideration of these changes by the Mayor and Common Council, except in cases of emergency as defined by the Mayor and Common Council, in which cases the Union will be consulted with as soon as possible after the ehanges. 4 General Unit MOU - j '- ~ ""- ~ '- Any departmental work rules initiated, established and promulgated by the City shall be posted on bulletin boards ten (10) days prior to their effective date, except in emergency situations. A copy of such rules shalr be sent to the Union office. The reasonableness of any disciplinary action taken as a result of a violation of any departmental work rule may be determined in the grievance procedure at the emproyee's election. The City shall make reasonabre efforts to acquaint emproyees with work rules. Work rures shall be uniformly applied. Each Department oCthe City. with the exception oCthe Police and Fire. shaD provide SBPEA with a current copy oCtheir Departmental Work Rules on an annual basis, no later than June 30 oC each year. The Police and Fire departments will provide updates as they occur. SECTION S - Safety Committee There is established an Employee Safety and Accident Review Board and Safety Committee in which the General Unit has membership (three (3) members). The Board wiD review alr recordable accidents (both City equipment and personal injury of City emproyee) and make recommendations to the City Administrator and Director of Human Resources for all corrective actions in establishing better job safety. The Board will improve safety communications throughout the City and review each accident on or off City property. The Board will investigate all "industrial type" accidents and "vehieular" accidents and make recommendations on how the accident could have been prevented. The Board is expected to establish its own rules of conduct, to elect its own officers at the first meeting in January and keep minutes of all its meetings, findings and recommendations. The Committee is expected to meet no ress than once a month at a time agreeable to all members. Upon completion of reviews by the Committee of accidents! incidents, the Committee will make recommendations for corrective measures to establish safer working conditions and may recommend discip1inary action. It is of mutual benefit to the City and to the employee to be fully aware of and comply with all safety rules and regulations. The City, Union and employees agree to work towards preventing job-related injuries to emproyees and damage to both public and private property. Guests and/or speakers will be allowed to attend based on advance notice to the City and mutual agreement. 5 General Unit MOU -- '- ,-- '- ,,-. '""" In the event a representative from either side is unabre to attend a meeting, the spokesperson from each side may, with two (2) working days' notice to the other side, select an alternate from a predesignated pool of ernployees. The "pool" will consist of up to three (3) employees, whose names will be exchanged by the City and the Union each Jury. The Safety Committee shall forward to the SBPEA office a copy of aU minutes, rmdings and recommendations at the conclusion of each meeting. SECTION 6 - Labor-Management Committee The Labor-Management Committee shall continue for the term of this MOU. Its continuing purpose is for the discussion of common problems that are not addressed in other existing procedures. The Union shall designate three (3) representatives to serve on the Committee from different departments. The City shall also designate three (3) representatives to serve on the Committee. 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. Recommendations shalr be considered by management. The Union will provide a list of the three (3) Committee members to the Director of Human Resources each July. Guests and/or speakers will be allowed to attend based on advance notice to the City and mutual agreement. In the event a representative from either side is unable to attend a meeting, the spokesperson from each side may, with two (2) working days' notice to the other side, select an alternate from a pre-designated pool of employees, The "pool" will consist of up to three (3) employees, whose names will be exehanged by the City and the Union each Jury. SECTION 7 - Time Off for Employee Representatives The Association may designate up to ten (lO) representatives from the DepartmentslDivisions listed below to meet for one (l) hour per month on City time at the end of the City Hall workday. The Union will submit names of employees to the Human Resources Department prior to the first meeting. The Union will provide any changes in employee names to the Human Resources Department prior to subsequent meetings. The time must be scheduled in advanee. Department approval is required for release time. 6 General Unit MOU ~,- ',-, ;-. '- .- '-" Following is the breakdown of employees by Department/Division: Animal Control City Hair Facilities Management Fire Library or SBETA Parks, Recreation & Community Services Refuse Division Police Streets Division I 1 1 1 1 1 1 2 1 10 Total ARTICLE n - EMPLOYER-EMPLOYEE RELATIONS SECTION 1 - RecognitionJUnion Security (The City and the Union mutually agree to meet and confer regarding modifying this language pending the outcome of the Agency Shop election.) Exclusive recognition of the Union is acknowledged for the purpose of meeting and conferring on wages, hours and working conditions, and of general representation within the unit of representation. The classification titles of those general regular employees in the unit for which the Union has been recognized exc1usivery as the exclusive representative are listed under Section 10 of City Resolution No. 6413, as amended, excruding therefrom: position and classification titles designated as management/confidential, middle-management or subsequently so designated by the City, 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 invorved; provided, however, the representation rights of the Union as exclusive representative sha11 not be compromised thereby. If a unit member does not wish to be represented by the Union in matters pertaining to grievances and disciplinary appeals and wishes to represent himseIflherseIf, such member sha11 be required to provide the Union and the City with a signed statement waiving the right to Union representation in such matters. SECTION 2 - No Strike It is the purpose of the MOU, for the parties hereto, to confirm and maintain the spirit of cooperation, which has existed between the City and the employees of the City. It is recognized . that any work disruptions are unproductive to City operations and services provided to its 7 General Unit MOU - '- ,,- '- "....... '- CltlZens. The Union and the City agree that they shall, at no time or in any way, jeopardize the public health, welfare and safety of the City's business and residential communities. Thus, the Union and the City will strive to promote a hannonious 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 eolleetively engage in any curtaiIment or restriction of work at any time during the term of this MOU. SECTION 3 - Payroll Deduction for Union Dues (Ihe City and the Union mutually agree to meet and confer regarding modifying this language pending the outcome of the Agency Shop election) The City agrees to provide Union dues deductions for Union members only as long as the Union remains the exclusive representative for the employees within the bargaining unit. Conversely, no other employee organization shall be permitted dues deduction privileges for employees within the bargaining unit. The City shall not be liable to the Union, employees or any other person by reason of the requirements of this article for the remittance of any sum other than that constituting actual deduetions made from emproyee wages earned. Dues shall be deducted from the pay of each employee who signs the authorized payroll deduction eard as a monthly sum certified to the City by the Secretary of the Union as the regular monthly Union dues and insuranee fees. The amount of dues shall be affixed to each authorization card by the Union. A retter of authorization, signed by the Union Secretaryrrreasurer, indieating the date of the meeting and approval of dues by the general membership, shall constitute proof. The City will not deduct any pay for initiation fees, fines or other special assessments. Dues deduction shall be a specified uniform amount for each employee and any change in the amount of dues deducted shall be by written authorization from the Union, provided however, that the Union shows proof that the general membership has voted and approved any change in the amount of dues. The employee's earnings must be sufficient after other legal and required deduetions are made to cover the amount of the dues checkoff authorized. When a member in good standing of the Union is in a non-pay status for an entire pay period, and the salary is not sufficient to cover the full withholding, no dues withholding will be made to cover the period from future earnings, nor will the member deposit the arnount with the City which. would have been withheld if the member had been in a pay status during that period. All other legal and required deductions have priority over employee organization dues. Dues withheld by the City shall be transmitted to the office designated by the Union in writing at the address specified in the letter of authorization. All unit members who were members of the Union on June 1, 2001, and those employees who thereafter become members shall remain as members in good standing of said Union the duration of this MOU, except as provided for in this article. 8 -General Unit MOU .....-- '- - '-' - '-' During the first full work week in June, a member may request to the Finance Department in writing, with a eopy to the Union President, to withdraw hislher authorization for dues deduction, which shall become effective in the first payroll period in August. The Union shall indemnify, defend and hord the City harmless against any claims made and against any suit instituted against the City in regard to emproyee organization dues. In addition, the Union shall refund to the City any amounts paid to it in error, upon presentation of supporting evidence. SECTION 4 - Grievance Procedure Definition of Emolovee Grievance: A grievance is an alleged violation of the terms of the MOU or of the laws, ordinances, resorutions concerning or affecting wages, hours or other conditions of employment. The remedy serected by the employee shall be the excrusive remedy pursued, either through the grievance procedure or through disciplinary appeals to the Civil Service Board. If the employee chooses to appeal disciplinary action to the Civil Service Board, he/she shalr be precluded from filing a grievance. Additionally, allegations of discrimination and harassment may be submitted to the Equal Employment Officer. As used in this procedure, the term "immediate supervisor" means the rowest revel of supervisor not within the general employee representation unit. The procedure provides a mechanism for settling the grievance informally with the "immediate supervisor," up to and including the Division Head. If this proves unsatisfactory, the grievance may be formally presented to the Department Head or designee, the Director of Human Resources, and finally to the City Administrator who will be the ultimate authority. The aggrieved employee shall have the right to be represented, if he/she desires, by the designated Union representative. Workin!! Dav: As used in this section, "working day'" shalr refer to the emproyee's working day or to the working day of the other party involved (supervisor, Division Head, Department Head, Director of Human Resources, City Administrator and/or their designees), depending upon whose response or action is pending. Procedural Steos for Handlin!! Grievances: A. Informal: An attempt shall be made to ascertain all facts and adjust all grievances on an informal basis between the employee and a supervisor in the employee's chain of eommand, up to and ineluding the Division Head. Presentation of the grievance must be submitted to the Informal Step within ten (10) working days of the incident causing the grievanee or of the grievant's knowredge of the incident's occurrence. The date and the subjeCt 9 General Unit MOU '-- of the incident should be provided with the request for the informal meeting. Within ten (10) working days of the presentation of the grievance, the supervisorshalr provide an oral response to the emproyee. The supervisor will document (for record purposes) hislher response to the employee in the event the grievance proceeds to the Formal level. B. Formal: I. If the grievance is not adjusted to the satisfaction of the emproyee involved, the grievance shall be submitted in writing by the employee or hislher designated representative to the Department Head or hislher designee within ten (10) working days from the date of the oral response. The Department Head or hislher designee shall meet with the employee and/or hislher designated representative within the next ten (10) working days of receipt of the written grievance and shall deliver hislher answer in writing to the employee within ten (10) working days after the meeting. 2. If the grievance is still not adjusted, the aggrieved party may file a written appeal with the Director of Human Resources within ten (10) working days from the date of delivery of said answer. The Director of Human Resources or hislher designee shall meet with the employee, and if the employee desires, the designated Union representative, within ten (10) working days after receipt of the appeal and shall deliver hislher answer in writing to the employee within ten (10) working days after the meeting. .- '-' 3. If the grievance is still not adjusted, the aggrieved party may file a written appeal with the City Administrator or hislher designated representative within ten (10) working days from the date of delivery of said answer. The City Administrator or hislher designated representative shall deliver hislher answer in writing within ten (10) working days after receipt of the appeal. 4. The decision of the City Administrator or hislher designated representative is final and binding on alr parties, unless reversed by a court decision. 5. All grievances shall be treated as confidential, and no publicity shall be given the fina1 resolution of the grievance, C. Time Limits: Any grievance not answered by the City within the specified time limit listed above shalr be deemed settled on the basis of the Union's original demand. Likewise, any specified adjustment not appealed by the employee or hislher designated representative within the specified time limits listed above shall be deemed settled on the basis of the last City official's answer. Time lines as above may be extended by mutual agreement only, - D. Consolidation of Grievances: In order to avoid the necessity of processing numerous similar grievances at one time, a single "class" grievance may be filed as long as the grievances are from emproyees within a single department. The City also has the right to consolidate responses to such grievances. If the grievant is a group of three (3) or more '- 10 General Unit MOU ,.,,-, "- ,,- '- - "-' employees within a department, the group shalr appoint one (1) or two (2) employees who signed the grievance to speak for the collective group throughout the grievance process. SECTION S - Union Representation When requested by an employee, a steward may represent an employee in a grievance, as defined in Article IT, Section 4, Grievance Procedure. The steward representing an employee in a grievance proceeding shall be allowed reasonable time during working hours for sueh pllIposes without loss of time or pay, with two (2) working days' advance written notice to and with the approval of, the immediate supervisor, who shall notify and obtain the concurrence of the Division or Department Head. Approval to investigate and process a grievance will not be unreasonabry witbherd. The privirege of stewards to reave their work during working hours without loss of time or pay is subject to the understanding that time will be devoted to the proper handling of grievances within the unit of representation, will conform to department work rules and will not be abused. Stewards will perform their regularly assigned work at all times, except when necessary to reave their work to handle grievances as provided herein. A steward will not be granted time off nor compensation for the pwpose of handling grievances outside the unit of representation, which the Union has been excrusively recognized within the City. A steward may be allowed leave of absence without pay by the Mayor and Common Council to attend Union training courses and Union conventions if the Department Head concurs. A ratio of one (1) steward for every fifty (50) permanent employees in the unit shall be recognized by the City. Any substantiated abuse of the privileges accorded stewards with regard to reasonable time off and compliance with the requests of hislher immediate supervisor, or conflicts which arise between duty requirements and the handling of grievances, may be cause to suspend this privilege, and both parties will call an immediate special consultation between the City Administrator or hislher designated representative to resolve the problem. Punitive action shall not, be taken against emproyees for performing their duties as stewards. The Union shall furnish the Director of Human Resources with an up-to-date steward list each quarter including names of stewards and work locations. Changes other than on the quarterly lists will not be recognized by the City, other than for a steward who has left the bargaining unit or City emproyment. SECIION 6 - Employee Lists The City agrees to provide the Union with a list of names of the General Unit by City department, every six (6) months, beginning in January of each year. 11 General Unit MOU ,,- ~ ,- '- ,- "-' SECTION 7 - Skelly Rights It is mutually agreed that the City subscribes to the concept and application of progressive discipline. Discipline shalr be imposed upon an employee onry for just cause. If the employer has reason to reprimand an emproyee, it shall be done in a manner that will not embarrass the employee before other employees or the public. When an action for suspension or termination has been taken, subject to appeal, the employee will be apprised of the action, the reason therefore, and will be provided with a copy of the charges including material on which the action was based. Employees have the right to Union representation as provided under Government Code Section 3500 et seq. (Meyers-Milias- Brown Act). A. The emproyee shall receive advance notice of the proposed disciplinary action. Reasonable advance notice shalr be provided to the employee. B. The notice must contain the reasons and the charges upon which the proposed action is based. C. The notice must also contain a statement of the events or circumstances upon which the action is based. D. The employee must be given the materials, if any, upon whieh the action is based. E. The employee shall have the right to respond either orally or in writing within tive (5) working days of receipt of Skelly package to the appointing authority (Department HeadlDivision Head) imposing the discipline. F. The disciplinary procedure should be used for all serious disciplinary actions, which are normally considered (1) demotions; (2) discharges; (3) reductions in pay; and, (4) suspensions. SECTION 8 - Non-Discrimination The City and the Union agree that there shall be no discrimination against emproyees within the bargaining unit because of race, color, creed, religion, national origin, sex, age, marital status or Union membership. Union membership also includes Union activities. Further, there shall be no discrimination against qualitied 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 identities, reassignment to a vacant position as one form of reasonable accommodation. 12 General Unit MOU - "- I""" '- ,_. '-' SECTION 9 - Personnel Files A. The Human Resourees Department shall keep and maintain an official personnel file for employees, which shall contain information relative to the employee. No other files, records or notations shalr be official except as may be prepared or used by the City or its counsel in the course of preparation for any pending case, such as the Department of Fair Employment and Housing or Civil Serviee matter or grievanee. B. An employee's department may maintain a file pertaining to an employee, which shall contain job-related information only. It shall be the supervisor's responsibility to inform the employee, with a copy thereof, of any detrimental material in the file that may affect the employee's performance evaluation, An employee may grieve over the factuality of, or propriety of, any material in such file. Such files shall be confidential. Both the City and the Union agree that an employee's failure to chalrenge any material in such fire does not justify the concrusion that the employee is in agreement with any such materials. Such files shalr not contain a copy of any disciprinary action against an employee. C. Employees and/or their authorized representatives, if authorized by the emproyee, shall have the right upon written request to review the contents of their official personner files and department files. Such review may be made during working hours with no ross of pay for time spent, and the employee may be accompanied by hislher authorized representative if he/she so wishes. Reasonable requests to copy documents in the files shalr be honored. D. A copy of any disciplinary action or material related to employee performance, whieh is praced in the personnel file, shall be served upon the employee (the employee so noting receipt), or sent by certified mail (return receipt requested) to hislher last address appearing on the records of the City. It is the obligation of each employee to provide the City with hislher current address. E. A full-time, permanent employee shall have thirty (30) working days in which to file a written response to an employee performance evaluation entered in his or her personnel file. Such written response shall be attached to the employee performance evaluation. The thirty (30) working days wilI commence with the date the emproyee receives the evaluation for signature. The Human Resources Department will distribute to all City departments a memorandum explaining employee performance evaluation response procedures for General Unit employees. F. Emolovees mav request that anv documents contained in the me of a derol!ato" nature will be ourl!ed from their riles after a period of twenty-four (24) months and no further actions have occurred similar in nature. The deoartment head shall review such request and win have final sav on what will be purl!ed. 13 General Unit MOU -- '-' .~ ........ - '-' SECTION 10 - BuDetin Boards The City will provide adequate space on bulletio boards io each department/division for the purpose of the Union posting notice of pertinent Union busioess. The Union agrees that nothing libelous, obscene, defamatory or of a partisan political nature shalr be posted. In the event that there is a dispute arising out of the pertinence of any literature the Union chooses to post, the City Administrator or hislher designated representative and a Union representative will meet as soon as possible to reserve the problem. SECTION 11 - Budget Documents The City agrees to provide the Union at no cost one (r) copy of the annual financial report, preliminary budget, tina1 budget and resolutions or ordinances as requested by the Union. SECTION 12 - Employee Orientation The City will distribute the Memorandum of Understanding. or contract term and conditions, as part of the employee orientation program conducted by the City for new employees. The City will alrow the union to make a presentation at emproyee orientations. SECTION 13 - New Employee Information Once per month, the Human Resources Department will furnish the Union with information on new General Unit employees, excruding their home addresses. Data will incrude name, title, department, department phone number and date of hire. Data will not be provided until at reast ten (10) working days following approval of the appointment by the Mayor and Common Council. SECTION 14 - Mailbox The City will offer a mail slot for the General Unit in the mai1room area City established for City departments. ARTICLE m - COMPENSATION SECTION 1 - Salaries Salaries are per Reserution No. 6413, Section Ten, as amended by the Mayor Common Council. 14 , General Unit MOU - '- - '-' - '- Effective the followine: pavroll after Couucil approval of the MOU. emplovees in the General Unit will be adjusted from their current salarY rane:es and steps to the new rane:es and steps as set forth in the Classification and Compensation Studv received and flied bv the Mavor and Common Council in March oU001. For implementation pUrPose only. step placement will be nearest dollar that provides a four percent (4%) salarY adiustment uslne: a one percent (1 %) salarY scale. The onlv exception would be an employee whose new rane:e would not allow a four percent (4%) adjustment. in which case the employee would be placed at top step of the new rane:e. Subsequent step increases. based on current step increase dates. will revert to the current five percent (50/0) increase within the assil!Ded rane:e. employees whose rane:e will not support a five percent (5%) increase will receive less than five percent (5%). Effective JanuarY 1. 2003. a four percent (4%) Cost-of-Livine: Adiustment (COLA) . wID be l!iven. This COLA will result in the entire pay scale movine: upward by four percent (4%). Effective JanuarY 1. 2004. a three percent (3%) Cost-of-Livine: Adjustment (COLA) will be l!iven. This COLA will result in the entire pay scale movine: upward by three percent (3%). ..A.. ~ pereeBt ~ salary marease shall "seems effeeave la.Barr 1. J999.. fer all unit empleyees. .A..!!!! pefeeB.t ~ salary malease shall "seeme eft'eewle laB1I8". 1.. ]991... l'he Cin... at hs eHeBse.. 8~Fees te eSBd1let 8 elassifieati8B aad e81R8eBsatieB stalk' er BesideRs is die CeRe.... YRit. The Citv fllFdleF BE:FeeS diRt die Hud.v will he eelBBIMed BrieF t8 the eHirmSB eethe eeRRaet. SECTION 2 - PERS For any emproyee hired on or after January I, 1998, the City will pay five percent (5%) of the seven percent (7%) members' contribution to PERS credited to the employee's account as a fringe benefit. Upon said emproyees completing five (5) years of service, the City wilr pay two percent (2%) additional of the members' contribution to PERS credited to the employee's account as a fringe benefit on the first pay period of the sixth year of service. The City contracts with PERS for employees' retirement benefits. General Unit employees are normally eligible for "Service Retirement" once they reach age 50 and have five (5) years ofPERS-credited service. There is no compulsory retirement age for employees, such as General Unit employees, who are local miscellaneous members ofPERS. Emproyees inquiring about exceptions or about disability retirement should contact the City Human Resources Department or a PERS Area or Field Office, 15 General Unit MOU ",.-, '-' The City will pay the employer contribution for the Fourth Lever 1959 Survivors' Benefit. The City has amended its PERS contract to provide the 2% @ SS retirement benefit, with the cost associated with this amendment borne by the City. SECTION 3 - Overtime All employees in the General Unit (exempt as well as non-exempt) will receive overtime based on the requirements of the Fair Labor Standards Act (FLSA). Overtime work shall not be authorized unless the employee has obtained the prior approval of hislher Department Head or designated Division Head. Emergency overtime work may be authorized by the employee's supervisor without such prior approval, if obtained at the earliest possible time after the perfoIIIlanee of emergency work. In instances where standby and call-back work is required and directed, it shall be regulated by, and paid in accordance with, the provisions contained in Article ill, Section 5. ,- Comoensatory Time Bank: When an employee works overtime, he or she shall earn overtime at the FLSA rate. Following prior approval of overtime as described above, the employee will either be paid for the overtime worked or the number of overtime hours worked will be placed in a compensatory time bank, based on the employee's request. The Finance Department (payroll) will track the compensatory time aecrued and used, and the compensatory time balance will appear on the employee's payeheck. Department Head approval will be required in order for employees to use time from the compensatory time bank. '- Onee 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 fiscal 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 as of June 30 of each year will be paid at the emproyee's regurar rate of pay, and will be included on the first paycheck in December (December 15). If the employee tenninates employment or if the employee is promoted to a position in the City, the compensatory time bank will be paid off at the then current rate of pay. SECTION 4 - Higher Acting Classification Pay - '- Upon approval by the City Administrator, a Department/Division Head may assign or reassign a qualified unit employee to discharge the duties of a higher classification when a position is vacant or in the absence of the incumbent. 16 General Unit MOU - '-' .r- '- r- '- An employee so assigned in writing by the Department/Division Head, with the approval of the City Administrator, shall receive acting duty pay starting on the sixth consecutive day of each acting duty assignment. No acting duty pay will be paid for the first five (5) days of each acting duty assignment, except for those employees who can prove that they have served a total of twenty (20) days in a higher-acting classification during the previous twenty-four (24) months, based upon their official Human Resources Department records. The entire period of assignment at the higher classification, including the initial work demonstration period, may not exceed sixty (60) working days, except by the mutual agreement of the City and the employee. Effective with the signing of the new contract, employees in the classification of Refuse Worker I, II and III assigned to a higher acting position will be eligible for higher- acting pay from the first day. EtleetFre wHIt the SiE8iB~ sf tile Be.1" eBBWeK. elBBle-lees 8~ the Refase Dv,:ili8B Rssi2!Bed t8 a l1i~eF Beds!: DesmeR 'RiIIlJe elidllle fer Ilir:ker aetiB!: 8.: Crem the fiRt ..x ih~. are assi2Bed .8 ,,'eN fa the Itidler aetiRI!: BesltieB. An employee assigned to work in a higher classifieation on an acting basis shall receive at least five percent (5%) above hislher current base rate of pay. The City will not circumvent the intent of this article by using various employees to thwart the intention of this article. SECTION S - Classification Appeal Employees who believe they are perfonning duties of a higher level outside of their current classification, and who believe they have been unable to resolve the situation satisfactorily, shall have the right to appeal their issue via the current grievance procedure (Articre IT, Section 4). SECTION 6 - CaD-Back/Standby Assignment & Pay An employee who is free to engage in hislher own pursuits whire off duty, subject only to carrying a beeper or to the understanding that the emproyee leave word at hislher home or the with the Department Head or designee) where he/she can be reached, is not working while on standby. If called back, the employee shall be paid for the time actually worked in accordance with Article ill, Section 3. If a Department Head places an employee on standby, defined as the employee being in a state of readiness and immediate avairability to come to work outside of their nonnal work hours, the Union and the City hereby agree that the following is compensation in full for the hours of work of the employee when in such standby status: 17 General Unit MOU .,~ '-' - '-' .- '-' Standbv Status Hrs Comnensated For the employee's five (5) work days during their work week (or prorate at 1.0) 5 work hours For the employee's two (2) non-work days during their work week (or pro rate at 2.5) 5 work hours OR, For all seven (7) days during a work week 10 work hours AND, For any holiday, as described in this MOU, during which the employee stands by for all or any portion of the 24 hour day 1 extra work hour per holiday - added to the above The hours described above will be treated as time worked and paid at the rate of time- and-one-half (1-1/2). This amount will be paid, in addition to compensation for actual time worked, when the emproyee is calred to work from standby status. The time worked shall also be paid at the rate of time-and-one-half (1-1/2). Employees of the Animal Control Division assigned to standby status shall be compensated at the rate of two (2) hours pay per day for such status. General Unit Call-Back Pav: An employee cannot be in standby status and call-back status at the same time. Employees not formally assigned to standby status may still be called back to work. If reached by their supervisor and called back to work, the employee will be paid for actual hours of work at the FLSA overtime rate of time-and-one-half (1-1/2) unless the emproyee has worked less than forty (40) hours in the work week due to use of paid or unpaid sick time. In such cases employee will be paid straight time. Department Heads may, however, pay at the overtime rate of time-and-one half (1/2) regardless of sick time taken in unusual circwnstances at their discretion. An employee called back to work shall be paid for a m;n;mum of one-and-a-half (1- 1/2) hours of work. The General Unit employees covered by this MOU are not so severely restricted in their activities while in standby status as to be "working while 'on call'" as that term is used in the Fair Labor Standards Act 29 CFR 785.17. 18 General Unit MOU - '- Departments and Divisions, which utilize call-back/standby will prepare a qualified list of employees. Department/Division Heads will consider the following factors in establishing and maintaining call-back and standby lists: emproyee seniority; special quaiifieations; skills; and/or, voluntary work assignments. For Departments and Divisions assigning call-back and standby on a rotation basis, only the employee who appears first on the list may reject an assignment to call-back or standby. Rejecting an assignment will automatically prace the first employee at the bottom of the list. The employee listed next must take the assignment. Departments and Divisions may use procedures that vary from the above, if the procedures are: (1) consistent with Department/Division work rules; or, (2) implemented result of an emergency situation. Emolovee Court Subooena Time: AIr City employees appearing in court on their day off for a work-rerated court subpoena will receive compensation for the actual time spent in court., with a three (3) hour minimum. Additionally, employees will receive one-half (1/2) hour travel time for going to court. Employees will be reimbursed for all parking fees associated with the court appearance. In the event an employee is placed on standby on their day off for a work-related court r- subpoena, the employee will receive three (3) hours standby pay for each day on a standby '- status. For morning standby subpoenas where employees are called to court and do not go beyond 12:00 p.m. on that day, total compensation will consist of the three (3) hours standby along with one-half (1/2) hour of traver time. If employees have to appear in court after the noon recess, the actual additional time along with one-half (1/2) hour of travel time will be added to the three (3) hours standby, In cases where the subpoena is for 1 :30 p.m. or another time, the standby will start with the time stated on the subpoena. AIl court-related compensation will be paid as time worked and at the appropriate straight time, or where applicable, at the FLSA overtime rate. Such compensation is in addition to compensation for any prior time actually worked pursuant to such subpoena. It is hereby agreed by and between the parties hereto that the General Unit employees covered by this provision are not so severely restricted in their activities while on standby status as to be "working while 'on eall'," as that term is used in the Fair Labor Standards Act 29 CFR 785.17. -- '- 19 General Unit MOU - '- - '- -- '-' SECTION 7 - Shift Differential Unit employees assigned to the Communications Division, Identification Bureau, Patrol and Poliee Records within the Poliee Department, and the garage within the Public Services Department, shall receive the following pay differential in addition to their pay for actual shift work designated as either the swing or graveyard shift. A. An employee assigned to the swing shift (normal start and ending time of 4:00 p.m. to 12 midnight, respectively) shall receive $65 per month extra for all hours actually worked during such assignment; or, B. An employee assigned to the graveyard shift (normal start and end time of 12 midnight to 8:00 a.m., respectively) shalr receive $100 per month extra for all hours actualry worked during such assignment. C. Any employee who is permanently assigned to the swing or graveyard shift will receive the additional monthly pay. The additional pay will only begin and end on the r 5t and the 16th of the month. Whenever permanent swing or graveyard shift employees work overtime on another shift, their hourly pay will include the additional monthly pay. D. Any non-swing/graveyard shift employees who work overtime in a swing or graveyard shift will only be paid at the regular rate of pay (no additional differential pay). E. The Departments, by memo, will inform Payroll which employees are permanently assigned to swing and graveyard shifts and should receive the additional monthly pay. Permanent is defined as working thirty (30) days or more. SECTION 8 - Personal Tool Replacement Allowance The City shall provide a tool replacement allowance for damaged, lost or stolen personal tools in an amount not to exceed $350 per year, per employee. Only those emproyees in the following position classifications shall be entitled to such allowance: Deoartment/Division Classification( s) 1. Fleet Division 2. Engineering 3. Facilities Management Division Mechanics & Lead Worker Traffic Signal Electricians Maintenance Personnel (includes Plumbers) & Electricians I & II Mechanics 4. Fire Department-Maintenance Shop 20 General Unit MOU -- """,. The City will orovide insurance covera2e for Fleet and Fire EQuioment Mechanic emolovee tools, if the entire toolbox is stolen from the City orooertv. Claims against the above toor replaeement allowance shall be honored provided when: (1) the personal tools had been required by the City; (2) the tool had been marked and inventoried by the employee; (3) a report of sueh inventory had been filed with the Department Head; and, (4) said tools had been properly maintained. Tools stolen or damaged through no fault of the employee will be replaced by the employee and reimbursement thereof will be made by the City, after submission of an appropriate City form accompanied by an approved invoice or receipt. Requests shall be submitted semi-annually, in June and December, or upon termination of the employee from City service for any reason. Damaged tools, which are replaced through reimbursement by the City as above shall be turned in to the Department Head and shalI become the property of the City. During the term of this MOU, all newly-employed mechanic personnel in the Fire Department and Fleet Division, who may be required by their Department Head to purchase personal metric tools in order to effectively accomplish work assignments, shall be eligible to receive a one-time tool purchase allowance not to exceed $100 to assist in making such purchase. ,.-.. "-' SECTION 9 -Fines The City shalr pay for court fines imposed upon any permanent Employee within the unit of representation as a result of hislher conviction of a violation as a result of being directed to operate any faulty vehicle or equipment, where such fault is the proximate cause of the violation. SECTION 10 - Bilingual Pay General Unit employees, as designated by the City Administrator and who meet the certification and eligibility requirements as deveroped by the City, shall be compensated at the rate of fifty dollars ($50) per month. The duties of the employee receiving bilingual pay may be reviewed annually to determine that bilingual duties assigned to an employee are being performed on a regular and frequent basis. The designated emproyees may be tested annually for certification and recertification. Not more than twenty (20) General Unit employees may be designated to receive bilingual pay. The City Administrator or designee will retain the right to select the twenty (20) eligible employees and to determine the departments where use of employee bilingual skills would be best served. The City shall reserve the right to determine languages for which testing will be conducted. - '-' 21 General Unit MOU -. \"",... SECTION 11 Reelassifiea8eB The City agrees te BRag feRYaM a feliliest te reelassify felH" (1) Petiee ReGeTEls Cled. ll's te the Mia M8ftagemeftt Unit. SECTION 11 - Special Certification Pay Effective January 1. 2002. emDlovees in the follom!!: classifications: . Code ComDliance Officers: EQuiDment Mechanics: Animal Control Officers: City Clerk Business License Checkers Shall receive. in addition to their rel!:ular comDensation. 550 a month Davment (525 paid each Dav period) for obtainin!!: and maintainin!!: the followin!!: certifications: - . ICBO or AACE Certificate . ASE desil!Dation of Master Certified Mechanic . Fire Mechanic Level n . NACA (3) Certificates . Certified Revenue Officer '-' It shall be the resDonsibilitv of the deDartment and the emDlovee to Drovide Davroll with a CODY of their certifications and or reuewal. Certificate Dav is limited to 550.00 Der month Der elil!:ible emDlovee. ARTICLE IV - FRINGE BENEFITS Section 1 - HealthlLife Insurance A. As of January 1. 2002. the City will contribute: An additional 56S/month towards health Dremiums for unit emDlovees who enroll in medical plans with Emplovee Plus One or More Dependents. The S65/month will result in an increase to a Oat rate of $400/month: A Oat rate of 5265/month towards the Durchase of health care Dremiums for "EmDlovee with No DeDendents." If durin!!: the duration of this contract the Dremiums for ,-.. the Kaiser South covera!!:e for emplovee with no dependents exceeds $265/month the City \..r a!!:rees to reODen the contract to discuss increasin!!: this benefit. 22 General Unit MOU r '- ,~ '- - --- A. :\5 Bf lBBIIBI'," 1. 1991., the City ":Jill eeB~illltte 8ft aElliiaenel U9lIBaffih ta.....ard health prelBiQIBS far mHt _pleyees, eneklsi-Je ef 91:1Bseeaea C: (1) fer Empleyee pills ORe er Mere DepeB6effiS, the $liImeffih ",vill r9!J1jk m 8ft malease te a Rat rate ef $~lBeBtli; (2) fer ElBJlleyees \'/ith :Ne DepeR6etNs, the $!..9ImeBlk will be added to the Kaiser South premium for Employees with No Dependents. As ef Seat_Ber 1999 the Keiser Sel:lth premiUIB fer ElBJlleyees ...Jith Ne DepeBsems .;;85 ill1"Qfil/meatft. If: at the time sf 1M Bent 9p8R eBfsllmeat this mte ~/a:rie8, tke City ".villlBalre the applepriate aElj1:latlBeBts. Insurance benefits available for purchase by employees incrude medical, dental, vision, life, long-tenn disability and accidental death and dismembennent, as made available through the City. Any contributions not utilized by an employee sba1I revert to the City. B. An employee must purchase medical insuranee offered through the City in order to utilize the eontribution deseribed in subsection A. C. The City shall contribute a maximum of sixteen dollars ($16) per month per retired employee to be used exclusively for the purchase of medical insurance benefits. D. City contributions not utilized by an employee revert to the City. E. Cafeteria monies may be redesignated or a change of plans may be made in aceordance with the rules established by the insurance plan selected by the emproyee. Plan additions and drops are permitted in accordance with the rules established by the plans serected by the employee. F. An employee may not add another City employee as a dependent or be added to another City employee's City health plan as a dependent, in order to receive "double coverage." G. The Citv shall urovide each emulovee with $25.000 Accidental Death and Dismemberment (AD&D) ulan insurance coveral!e at no cost to the emulovee. The Citv shall urovide each emulovee with $10.000 Life Insurance coveral!e at no cost to the emulovee. H. Each member of the bargaining unit is eligible to participate in a City-sponsored program of annual cholesteror checks and dietary counseling. I. All employees shall participate in the City-sponsored Long-Tenn-Disability (LID) insurance plan. The City will pay one hundred percent (100%) of the LID insurance plan premium for employees during the length of this contract; eifeeave ':nth the signiftg ef the Jill\": eeRtFaet. 23 General Unit MOU -- "- Section 2 - Uniforms, Rain Gear & Safety Equipment A. The City shall provide uniforms for the following position classifications: 1. Animal Control Division: Animal Control Offieer Registered Veterinary Technician Animal Shelter Attendant Senior Animal License Checker 2. Cemetery: Park Maintenance Worker II Park Maintenance Worker ill 3. Emrineerinl!: Division: Traffic Signal Electrieian Maintenance Worker I and II and I""'" Lead Maintenance Workers assigned to Signing & Striping '-' Electrician I and II assigned to Street Lighting 4. Facilities Manal!:ement Division: Custodian Electrician II Electrical & HV AC Mechanic Maintenance Plumber II Parking Contror Checker Storekeeper 5. Parks. Recreation & Community Services: Maintenance Plumber II Parks Maintenance Lead Worker Parks Maintenance Workers 1, II & ill Park Projects Coordinator Landscape Inspector II B The Police Department will develop a SOP regarding equipment to be issued to .~ Community Service Offieers, '- 24 General Unit MOU - ."""" c -- '-' 6. Police & Fire General Emolovees: All permanent personnel in the bargaining unit as designated by the appropriate Chief. 7. Public Services DeoartmentlFleet Division: All full-time, general unit employees assigned to work on vehicle and equipment will receive uniforms. 8. Public Services Deoartment/Refuse Division: All full-time, general unit employees assigned to collect solid waste will receive uniforms. 9. Public Services Deoartment/Street Division: All full-time, general unit employees assigned to field operations will receive uniforms. B. The City shalr make appropriate rain gear available for Refuse Operators, Cemetery personnel, Facilities Management Maintenance personner, Animal Control personnel, Parking Control Checkers, Traffic Signal Electricians of the Engineering Division, field Community Service Representatives in the Police Department and those personnel in the Street Division and Parks, Recreation & Community Services Department who may be required to work in inclement weather, At least ten (10) sets ofrain gear shall be maintained and made available on loan as needed to employees in the Fleet and Engineering Divisions. C. The City shall provide uniforms to any employee required to wear a uniform. D. The City shalr purchase uniform shorts for use as part of the uniform. Each department will establish guidelines for wearing shorts and employees will not be allowed to wear shorts when performing activities that may create a safety hazard. Section 3 - Education Tuition Assistance A. Puroose: The education tuition assistance program has been established to encourage the employees of the City to take college courses and special training courses, which will better enable them to perform their present duties and prepare them for increased responsibilities and to provide financial assistance to eligible employees for education and training. 25 General Unit MOU -- '- r' '-' - --.. B. Procedures: Employees will submit copies of their approved applications to the Human Resources Department according to City polIicies and procedures. Emproyees must include official verifieation of their final grades with appropriate receipts for tuition costs. These will be returned to employees upon request. Applieations not submitted to the Human Resources Department according to City policies following completion of the course become void. C. Elilribilitv: I. Applications for tuition reimbursement will be considered only from full- time, regular employees who have eompreted probation. 2. Reimbursement is not authorized for courses for which the employee is receiving financial assistance from other sources such as the GI Bill, scholarships and simirar sources. 3. Applications will be approved only for courses directly related to the employee's job or directly related to a promotional position in the employee's job or directry 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 hislher job may be reimbursabre only after all required occupationally-related courses have been completed. (For example, a Fire Engineer is a candidate for an AA degree in Fire Science and has completed all course work directly related to fire suppression duties. A course in American history is required for the degree. The history course may qualify for tuition reimbursement because the degree is rerated to the employee's job.) 5. 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. No mail-order courses will be approved. Workshops, seminars, conferences and similar activities not identifiable as a formal course of instruction within the recognized educational institution do not falr within the purview of this program, but may be authorized and funded by the department upon approval of the City Administrator. D. Reimbursement: 1. Reimbursement will be for the cost of tuition or registration fees on the required textbook(s) for each course, subject to the limits found in this article. Additional expense such as meals and parking fees are not reimbursable. The Director of Human Resources will recommend approval or disapproval based on the availability of budgeted funds for reduction tuition assistance. 2. Costs for required texts are eligible for fifty percent (50%) reimbursement. The employee may retain the books. 26 .General Unit MOU ,.~ '- - ~ e- "- 3. Tuition or registration costs of twenty-five dollars ($25) or less are eligible for one hundred percent (100%) reimbursement. Tuition costs in excess of twenty-five dollars ($25) are eligible for seventy-five percent (75%) reimbursement. 4. Maximum tuition and book reimbursement per semester is one hundred twenty-five dollars ($125). Summer session shall be counted as a separate "semester" for purposes of this provision. 5. Employees shall be limited for purposes of tuition reimbursement to a maximum 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 (213) of one (1) semester unit. 6. Prior to receiving reimbursement, employees must submit documentary proof of their fina1 grades. If objective ratings are not rendered for a specific course, then a certificate of successful completion must be submitted. 7. When an ernproyee is required by hislher Department Head to attend a particular course or seminar, the expense shall be borne entirery by the department and outside of this article. SECI'lON 4 - Parking Facilities The City agrees to meet and eonfer with the Union in the event there are any future costs imposed upon employees for parking. SECTION 5 - Employee Assistance Program (EAP) The City's Employee Assistance and Counseling Program (EAP) is designed to herp emproyees and their immediate families find direction in solving personal or emotional probrems. All counseling services are completely confidential. The Human Resources Department maintains a supply of brochures explaining the program more fully. ARTICLE V - LEAVES SECTION 1- Vacations A. All employees within the bargaining unit covered by this MOU shall be entitled to annual paid vacations as follows: 27 General Unit MOU ,,-, '- .-.' '- ,-. '- Completed Years of Continuous Service. Rate of Accrual ner nav Period Equivalent Hours Per Year 1 year"'. 5 years 15 years 20 years 3.33 hours 5.0 hours 6.667 hours 8.33 hours 80 hours 120 hours 160 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 ress than one year. . At the time of voruntary and involuntary termination of employment, an employee shall be entitled to receive compensation for the number of vacation hours, which have been accrued but not used. In the event said employee has been permitted to take vacation, which exceeds number of hours actually accrued, a deduction shall be made from the employee's final cornpensation for the number of hours in excess of the accrual. B. The amount of accrual shall not exceed the specified number of hours granted per year. C. Employees shall not be permitted to work in their City position in lieu of taking vaeation in order to receive additional compensation. D, Vacation credits may be accrued and accumulated up to a maximum of two (2) years total accumulated vacation credits upon approval of the Department Head, as per the employee's rate of accrual. Vacations or portions thereof from a prior year may be taken consecutively with vacations or portions thereof of a succeeding year, subject to the approval of the Department Head. Except as approved by the Department Head, no vacation or portion thereof from a prior year shall run consecutively with the vacation of a succeeding year; and, a period of three (3) or more months should normally elapse between the expiration of one year's vacation and the commencement of the next year's vacation. Requests to utilize accrued vacation shall be submitted in writing on City approved forms to the Department Head, Department Heads shall respond to vacation requests submitted on City approved forms within five (5) work days. Department Heads shall not unreasonably deray responses to employee vacation requests. Nothing in this articre shalr be construed to prevent a response to the employee's request before the expiration of five (5) work days. The vacation period to which any employee shall be entitled shall be assigned by the Department Head in the calendar year when due, except when the Department Head with the approval of the Mayor determines that an emergency or other valid factors prevent the employee from utilizing his/her vacation during the calendar year when due. Should this occur, the emproyee's vacation should be rescheduled at the very earliest mutualry acceptable date. 28 General Unit MOU (' '-' r- '- .-. .'-' E. Upon termination, payment for earned vacation or deduction for unearned vaeation shall be made on the basis of the hourly rate of pay being received by the employee on the date of termination. F. Whenever the terms "year" or "years of employment" appear herein, they shall be deemed to include all services for the City, San Bernardino City Board of Water Commissioners and the San Bernardino Free Public Library Board. G. The employee shall not lose any vacation time off due to action by the City, H. Vacation credits may be taken off in increments according to Department Work Rules with prior Department Head approval. I. When an employee returns to work after a break in continuous service, and when such break in continuous service shall have been by leave of absence with the approval of the Mayor and Common Council, vacation time shall not accrue during such break in continuous service, but shalr accrue monthly from the date of return to service from such approved reave of absence, based upon the total length of service of the employee. J. Emplovees mav sell back UP to fortY (40) hours of vacation time per vear providin!!: that the followin!!: conditions have been met: 1. Emplovees must have a minimum of one hundred twenty (120) hours in their vacation balance before sell back occurs. 2. Emprovees must have taken a one-consecutive (1) week vacation durin!!: the past vear prior to the sell back of hours. 3. Emplovees must complete a sell back form. which must include a Department Head si!!:nature. 4. Forms must be submitted to the Finance Department on or before April15tl1 of each vear. 5. Pavment for vacation sell back hours will be paid (usin!!: current Council approved salary rates in the salary resolution) on the emplovee's Mav 15tl1 pavcheck each vear. SECTION 2 - Holidays A. City Designated Holidays: Employees shall be entitled to twelve (12) City- designated holidays, the equivalent of ninety-six 96 holiday hours each year, Elfeftk<e FellFllary 2009, President's D~' will'e added tl die list If City desigBated kllidays. The following days will be holidays for the purpose of this MOU: 29 General Unit MOU - .'-' New Year's Day Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Traditional Veteran's Day (November II) Thanksgiving Day Day After Thanksgiving Christmas Eve Day Chrisbnas Day New Year's Eve Day Plus sixteen (16) hours of Holiday Account time, per year (see subsection B). c Ail full-time employees within the bargaining unit, with the exception of those employees shown in the following paragraphs, shall be alrowed the above holidays at full pay when such holidays occur within the reguIarry assigned working periods, provided they are in a paid status during any portion of the working day immediately preceding or succeeding the holiday. If it becomes necessary for an emproyee to work on any of the above-mentioned holidays, except as provided herein, he/she shall receive pay at the regular rate and shall be allowed another day off at full pay as approved by the Deparbnent Head. B. Holidav Account: Effective each January 1st, unit employees will receive sixteen (16) hours in their Holiday Account (formerly known as Floating Holidays). Employees may maintain a balance of more than sixteen (16) hours in their holiday account during the fIScal year, but may eal" ellffY ever a tetal ef silftees. (Hi) aelll'5 Reliday time te the Belit e&!es.tlar ye&f. at June 30 of each year only sixteen hours will be carried over to the new fiscal year which begins on July 1 st. ARy aeliaay aeeellftt Relll'5 ever sHaees. (1/i) Relll'5 eft Dee_Ber 3151- ef eeall. year '".ill Be lest aellfll. Any Holiday Account hours over sixteen (16) hours at June 30tb will be lost. If a holiday falls on a nine- (9) or ten- (10) hour workday, the employee will be paid eight (8) hours holiday pay. The emproyee may supplement the holiday with accrued vacation holiday account time, or no pay. Each Deparbnent Head shall consider employees' requests for scheduling the sixteen (16) holiday account hours per calendar year, provided however, the fina1 right to allot the hours to be observed is reserved exclusively to the Deparbnent Head. The Deparbnent Head will not unreasonably withhord pennission to take time off. ~ '- On City-designated holidays, new emproyees 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 30 General Unit MOU .,.- '- c - '- Ifnew emproyees 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 the employee's failure for any reason to take such holiday account hours during the tenn of this MOU, the employee shall be paid for hislher holiday account balanee upon separation from the City. C. Other Provisions: 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 shalr receive no additional pay. The decision as to whether in-lieu of time off or pay is to be received shall be based on the availability of funds and needs of the department, as determined by the Department Head. If in-lieu of time off is directed by the Department Head, it may be added to the regular annual vacation period, but must be taken within one (1) year of the date in-lieu time was earned. Employees of the Public Services, Refuse Division, except clerical emproyees and certain designated employees of the City Fleet Division needed to support the Public Services, Refuse Division operations, shall enjoy all the holidays listed above as they occur, except for Veteran's Day, November 11; the Friday after Thanksgiving Day and, the holidays observed the day before Christmas and the day before New Year's Day. Said employees shall receive an additional day's pay for each sueh holiday on which they are required to work. If such horidays occur on a nonnal day off for said employees, they shall receive no additional pay. Holidays listed above shall be allowed on a Monday, if any such holiday falls on Sunday, and shall be allowed on the preceding Friday, if such holiday falls on a Saturday for all employees, except those covered by other provisions herein. If the Christmas and New Year holidays occur on Mondays, these holidays and the holiday eves will be observed on Mondays and Tuesdays. l.t tke BegimHBg ef ellek eal.eatllH" yeM, tke CKy will setllflBiBe kaw mllBY af tke &Bave kalidays fall eD II regurM~ sell9lhHea s~ af[ Afi emprayee -::erlEiftg aD II 9/89 ar 11Q sekedtHe wiIlllgerlie tke elllliyal.eRt _Ber af kalH'S af aaliday &me Eftaliday lIeeallnt) witk aRe (I) keliday eqaj..lill.eRt te eiglit (8) aallf5. H91idays ellfBes is IIBj'twelve (12) mslHil. peBesm~ BElt Be aeeumulllt9s BeyeDs tkM tetal. _Ber eflielidays al.le7;9s ellek yeM BY tke MOO. 31 General Unit MOU '-" SECTION 3 - Sick Leave A. Definition: Sick leave means the absence from duty of an employee because of illness or injury, exposure to contagious disease or attendanee upon a member of hislher immediate family who is seriously ill and requires the care of or attendanee of any employee. Immediate family means: husband; wife; grandmother; grandfather; mother; father; sister; brother; son; daughter; uncle; aunt; mother-in-law; father-in-law; stepparents; stepchildren; grandehildren; and, step-grandchildren. Sick Leave Usae:e for Familv Members: Not more than eie:htv (80) hours fefty (4Q) hours of sick leave within any calendar year may be granted to an emproyee for the care of or attendance upon members ofhislher immediate famiry, as defined above. Not more than forty (40) hours of sick reave within any calendar year may be approved for an employee for each absence for purposes of attending the funeral of a member of the employees' immediate family. The City may require an employee to submit evidence of eligibility to use sick leave for purposes of attending the funeral of a member of the employee's immediate family. .- Sick Leave Usae:e for EmDlovees: Upon the department's request, an employee must provide a physician's statement to justify a sick leave of forty (40) consecutive hours or longer. If the Department Head finds with just cause that sick reave is being abused, the employee may be required to submit a doctor's statement. '- No absenee 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 hislher approval concerning such absence. The Mayor and Common Council shall have the power to require that any person claiming the sick leave benefits of this MOU be examined at any reasonable time or intervals by a designated physician, and in the event of an adverse report, to reject such claim for sick leave, in whole or in part and to terminate sick leave compensation. In the event of the refusal of any person to submit to such examination after notification, the Mayor and Common Council may terminate sick reave eompensation and reject any claim therefor. The Mayor or Common Council shall have the right to require the presentation of a certificate from a practicing physician or a designated physician stating that an employee is physically or psychologically able to perform hislher work and duties satisfactorily before permitting an employee who has been on sick leave to return to work. In order to receive compensation while absent on sick leave, employees shall notify their immediate supervisor or designee prior to or within thirty (30) minutes of the time set for beginning their daily duties, or as may be specified in DepartmentlDivision work rules. ~- '-" 32 General Unit MOU ~. '- c c Sick leave with pay shall be granted to all regular employees and to all temporary full-time employees whose positions are funded under federal law who are regularly employed in permanent or federally-funded positions, if such benefit is required by said federal law. Siek leave shall not be considered as a right which employees may use at their discretion, but shall be allowed only in case of necessity and actual personal sickness or disability, except as otherwise provided herein. Whenever an employee is compensated hereunder for siek leave or injury and has not had a vacation at the end of the current calendar year, the employee must take vacation not utilized due to illness or injury during the next calendar year. B. All full-time, regular employees who have completed the first six (6) calendar months of continuous service with the City shall be granted a sick leave accumulation of forty- eight (48) hours. After six (6) months or more of continuous serviee, employees who are compelled to be absent from work on account of illness or injury other than that which is compensable under Articre V, Section 5, shall be compensated for sick leave, provided that such compensation shall cease upon the exhaustion of all accumulated sick leave. Employees shalr not accumulate sick leave while compensated under the provisions of Article V, Section 5. Time off with pay for sick leave shall be considered as time worked for pmposes of the accrual of sick leave only. Sick leave usage shall not be decreased by the fact that any legal holiday occurs during the time off on account of illness. The words "legal holiday" shall have the meaning ascribed to them in Article V, Section 2. Sick leave shall not accumulate during periods of leave of absence without pay. In the event an employee works less than fifty percent (50%) of the total normal work hours in the pay period, he/she shall accrue no sick reave for such pay period and shall not be credited with the four (4.0) hours sick leave. Sick leave may be accumulated without limit. Approved vacation, sick leave, holiday or compensatory time off shalr be considered as time worked for the purpose of computing sick leave benefits only. Whenever the emproyee uses all allowable sick leave, further absences may be charged against accrued vacation upon approval of the Deparbnent Head. If all allowabre sick leave has been used and use of accrued vacation is disapproved, the employee will take loss of pay for the time not covered by alrowable sick leave. SECTION 4 - Payment of Sick Leave The C~ sli&l.1 pay empleyeea fer _eEl siek leave !ipeB retiremeat eF te tile estateAlSftefieiapy ef ~ SIleR empleyee ':Ale E1iea dltriBg empleymeat. Paymeat fer SQ~'. ef eaell aeellfti1:il.ateEl, tIIlllSeEl siek leaye shall he B1.aEle, pfe'liEleEl tket ift Be &,.'Sftt skallSliell eemp8lllllltiBB SlEeeeEl1 E9 RElIIfS ef SlieR lell':e. 33 General Unit MOU -- ........ r- '-' t~ "'- .A.. Otfter Sap_aeH iB Geed 8t6fldiBg: The City aM URieH &gFee te eelNimle te meet and eenfer 9a paymeBt sf siek 1ea./8 at Sep8AltiSB Be later thE J&mHlI}' 2900. Sick Leave SeD Back: Unused sick leave is oavable at anv resil!nation without oreiudice (includinl! death and retirement) uo to a maximum of fiftv oercent (50%) of unused Sick Leave uo to the 600-hour cap. Pavment wm be at current Council aoproved salarv rates in the resolution. For emplovees with over twentv (20) vears of service. one hundred percent (100%) of all unused sick leave UP to the 600-hour cap wiD be oaid at resil!Dation without preiudice. B. Sick Leave Sell Back: Effective January I, 2001, emproyees with perfect attendance in the previous calendar year will be allowed to cash out up to five (5) days (40 hours) of sick leave per year, providing the employee has at least 160 hours in their leave account after the sell back to be eligible. SECTION 5 - Catastrophic Leave Upon request of an employee who is experiencing catastrophic illness, and upon approval of the City Administrator andlor Department Head, leave credits (vacation or floatiog holidays) may be transferred from one or more employees to the affected employee under the following eonditions: A. Sick leave accmals cannot be transferred among emproyees. B. The employee with a catastrophic illness or injury has exhausted all other leave accmals and has completed at least one (1) year of eontiouous service with the City. C. The donation must be in four- (4) hour increments of vacation, compensatory time or floatiog holidays by employees who have completed at reast one (1) year of contiouous service with the City. D. Employees may not donate reave they would otherwise forfeit. For example, employees who are separatiog from City employment may donate leave only up to the amount of the payment they would receive upon separation. E. Donations shall be on a form developed by the Human Resources Department Head, signed by the donatiog employee, approved by the Department Head and verified by the Finance Department. Procedures shalr be as approved by the City Administrator. F. An appeal will be considered on a separate basis, if denied. 34 General Unit MOU .- '- r '- c G. Unused donated time that has been credited to the reauestinl! emDlovee's account will not be returned to the donor's account. SECTION 6 - Injury Leave Effective with the first day of necessary absence for industrial accident or illness leave, eligible employees will be approved to receive Workers' Compensation benefits. Each emproyee shall be authorized upon his/her written request to utilize the balance of his/her accumulated siek leave, vacation, holiday account and compensatory time credit to augment the amount of temporary disability he/she receives, to the extent the totar sum received will result in payment equal to his/her normal compensation. The utilization of sick reave for this purpose shall end with the termination of the temporary disability or when the accumulated sick leave credits have been exhausted, whiehever oceurs first. When employees sustain what they believe to be an industrial injury or illness, they shall request an "Employee Claim for Workers' Compensation Benefits" form from the supervisor. The supervisor is required to give the employees this form within one (1) working day of the City being notified of the injury. The supervisor will log date and time employees were given form on Supervisor's Report of Injury. Employee must return Emproyees' Claim form to supervisor to begin the process of filing an industrial injury. In the event the emproyee is unable to prepare the form due to hospitalization, serious illness or injury, the supervisor or a member of the department/division staff shalr prepare the required report. The City shall have the right to require the employee to be examined by a physician designated by the City to assist in determining the length of time during which the employee will be unable to perform the assigned duties, and if the disability is attributabre to the injury involved. Should there be a dispute between the physician serected by the City and the physician selected by the employee, a third physieian shalr be mutually agreed upon between the emproyee and the City to examine the employee to assist in making necessary medical determinations. If an employee is receiving disability payments, he/she shall be entitled to use only as much sick leave or vacation as, when added to the disability payments, will provide for a fulr day's pay. SECTION 7 - Leave of Absence Without Pay Leave of absenee without pay is a temporary, non-pay status and absence from duty granted at the request of the employee. Leave of absence without pay may be granted by the City Administrator for a period not to exceed six (6) months, upon the positive recommendation of the Department Head. Under justifiable conditions, said leave may be extended by the City Administrator for additional periods. Leave of absence without pay will be considered favorably, if it is expected that the employee will return to duty and that at reast one of the following benefits will result: increased job ability, protection or improvement of the emproyee's 35 General Unit MOU -- ,-. c - "- health, retention of a desirable employee or furtherance of a program of interest to the City. Examples of or eonditions for whieh a leave of absence without pay may be granted are: A. For an employee who is a disabled veteran requiring medical treatment; B. For an employee who is temporarily mentally or physically unabre to perform hislher duties; C. For an employee who files for or assumes elected office; E. For maternity or paternity leave, upon the recommendation of the a physician; E. For military reave when the emproyee has ress than one (1) year service to qualify for leave with pay; F. For Union activities, upon designation by the Union. An approved leave of absence without pay for sixty (60) days or ress in any calendar year will not be considered a break in service. Leave in excess of sixty (60) days shall result in the advancement of the employee's anniversary date and compensation advancement date to such date as will account for the total period of uncompensated time off. Failure to return to duty at the expiration of the approved leave of absenee without pay shall constitute an abandonment of the position pursuant to Rule 507 of the Rules of the Civir Service Board and shall be prosecuted consistently therewith. The City's contribution towards an employee's health and life insurance premium will not be extended beyond the last day of the month in which a leave of absence without pay begins, if the leave of absence without pay becomes effective during the first fifteen (15) days of the month, nor beyond the last day of the next succeeding month, if the leave of absence without pay becomes effective after the fifteenth day of the month, unless the employee returns to work from leave of absence without pay status prior to the date the City's contribution would be accumulated. In the event the employee desires to maintain full health and life insurance coverage while on leave of absenee without pay status, he/she may arrange to pay the insurance premiums for the coverage desired (both the employee and employer portions). It is the responsibility of the employee to contact the City's payroll section in this regard. The payment of the amount of the premiums must be made to the City's payroll section prior to the date on whieh the City's participation will tenninate. Payments must be made monthly thereafter until the employee either returns to work or hislher employment with the City is tenninated. Upon an employee's return to work, the City's contribution towards the employee's health and life insurance premiums will begin on the first -day of the month following the end of the leave of absence without pay. if that leave of absence without pay tenninated between the first and the fifteenth day of the month, or on the first day of the next sueceeding month, if the reave of absence without pay tenninates after the fifteenth day of the month. 36 General Unit MOU ~ '- _. ,-. --- "'- Notwithstanding any other provision of this section to the contrary, the City will continue its contribution for health and life insurance premiums of an employee on reave of absence due to any injury or illness arising out of and in the course ofhislher employment with the City. In eircumstances 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 8 - Witness Leave Employees shalr only be entitled to a leave of absence when subpoenaed to testify as a witness in civil litigation involving the City, such subpoena being properly issued by a court, agency or commission legally empowered to subpoena witnesses. This benefit shall not appry in any case in which the subpoenaed employee is a party to the action. Witness reave shall not be charged against any accumulated leave balances and shall be compensated at the emproyee's base hourly rate. Employees shall only be entitled to paid witness leave if they provide a copy of the subpoena to the City within twenty-four (24) hours of receipt. SECTION 9 - Blood Donations Unit members who donate blood in the interest of the City without recelVlng compensation for such donation may have the required time off with pay with prior approval of the immediate supervisor for each such donation. This benefit shall not be changed to any accumulated leave; provided however, if the employee is unabre to work after such donation, time may be charged to accumulated sick leave or be taken as leave without pay. Evidence of each donation must be presented to the appointing authority to receive this benefit. SECTION 10 - Election Leave Employees may request time off to vote in accordance with Resolution No. 89-38, as may be amended. This is attached as an exhibit to the MOU. SECTION 11 - Military Leave Unit members on leave for military duty will be compensated pursuant to Military and Veterans Code Sections 395, et seq. The specific compensation and reemproyment rights of individual employees shall be detennined based upon the applicable requirements and Veterans Code, copies of which may be obtained through the Department of Human Resources. AIr military service shall be counted as City service when calculating whether the emproyee has twelve (12) months of service with the City. 37 General Unit MOU .....-. '- - ......... ,,- '- Replacements for unit members on military leave will be hired with regular (rather than temporary) position status. However, they will be subject to layoff when unit emproyees on leave return. SECTION 12 - Union President Leave The City of San Bernardino and the San Bernardino City Employees' Association (SBCEA) agree that the duly elected president of SBCEA shall be released from duty when on occasion, out of the necessity of the office, it is necessary for the president of the Association to be in attendance at union-related functions and occasions. Rerease shall be for a maximum of forty (40) hours per fiscal year, llegHmiBg.Jtil.y 1,1999. In addition to the Union President Leave as described above. the City al!rees to allow the rerease of one (1) additional SBPEA Board member. if snch Board member is assil!ned to a mid-shift assil!nment. Such release shall not exceed three (3) hours and shall onlv be for the DUrooses of attendinl! rel!Ularlv scheduled meetinl!s of the SBPEA Board of Directors. Time off utilized by the president and other SBPEA board members shall not interfere with the employee's regular City position. Time off for these purposes shalr be approved in advance by the Department Head or his/her designee. In the event there is a dispute arising out of the amount of time used by the president, the City Administrator or their designated representative and a union representative will meet as soon as possible in an attempt to resolve the dispute. SECTION 13 - Jury Duty Every general permanent employee of the City of San Bernardino and every emproyee whose position is funded under federal raw or is emproyed in a federally funded position, if such benefit is required by said federal law, are covered by this section. Employees shall provide prior notice to their supervisors regarding jury service. In cases where the completion on any day of such jury service does not exceed a period of four (4) hours duration of the employee's assigned work shift, it shall be the responsibility of the emproyee to return to work within a reasonable time after his/her release or discharge from such jury service on that day. However, where such employee is required to continue in jury service for a period in excess of four (4) hours duration on any such regularry scheduled working day, said emproyee shall not be required to work on that same day of his/her release or discharge from jury duty. If the start of the employee's shift is two (2) hours or more prior to the commencement of jury duty, the employee shall be required to report to work. This is subject to adjustment based on the location of jury service. 38 General Unit MOU --- Under such circumstances of compensable jury service, every general permanent employee or every federally funded general emproyee as aforesaid, shall be paid their regular pay less jury duty fees while serving on jury duty provided a copy of all jury fees paid to the individual employee, less automobile expenses allowed, are submitted to the City Finance Department. Employees shall notify their superiors of any call for jury serviee promptly upon receipt of notice thereof, and of any absence from duties due to such jury service in order that a replacement or substitute may perform their duties. When an employee fairs to promptly report the receipt of all call to jury service, when so required or fails to promptly notify their superiors regarding the absence for jury serviee, said employee shall be considered as absent without leave and no salary eompensation shall be paid. In the event, during the course of any jury service, an employee is ordered by a judge or other officially recognized judieial body into a state of sequester, the emproyee shalr be paid the regular wage during such time of sequester without supprement from any accrued bank of time. Any employee who is summoned to Grand Jury Service shall be entitled to all benefits, restrictions and requirements of this section. ,- ARTICLE VI - WORKING CONDITIONS '-- SECTION 1 - Work Periods A. City Work Schedures: City work schedules shall be as herein defined, except as otherwise provided for: 1. 5/40 Work Schedule: The 5/40 work schedule shall consist of a forty- (40) hour work week consisting of five (5), eight (8) hour work days, exclusive of any meal periods assigned by management. 2. 9/80 Work Schedule: The 9/80 work schedule shall consist of eighty (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 ofa forty- (40) hour work week consisting of four (4), ten (10) hour work days, exclusive of any meal periods assigned by management. Work schedules shall be posted on all department bulletin boards showing the employees' shift, work days and where known, hours, ,-. '- 39 General Unit MOU ,- ...... ,..... '-' - "-' 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 economieal provision of services for the public, and to make such adjustment in work shifts as are from time to time required. The City shall give the employees and the Union two (2) weeks' notice of any proposed changes in scheduled work shifts prior to implementation. If the Union wishes to consult with management regarding the proposed changes, it shall notify the City within seven (7) calendar days from receipt of notice. Upon notification by the Union, both parties shall meet within ten (10) calendar days in an earnest effort to reach a mutually satisfactory resolution of any problems arising as a result of the proposed changes. Work schedule changes resulting from an emergency situation or circumstances, which disrupt normal City operations as determined by the Department Head are not bound by the two- (2) week notice requirement. If a light-duty assignment for an employee will result in a shift change, e.g., from day shift to graveyard shift, the City shall give the employee and the Union two (2) weeks' notice of any proposed shift changes prior to implementation. The procedures described in the first paragraph of Section B above shall apply. A. This section does not include minor adjustments in the starting and ending times of employee shifts B. During the two-week notification period, the employee continues on current status/schedule. SECTION 2 - Physical Examinations The City shall pay medical fees for the physical examination of any unit member within the unit of representation. When sueh examination is required and directed by the City after employment. The City may arrange with a physician or medical group for such examination, or if the situation warrants, the City may authorize an employee to be examined by a doctor of hislher ehoice. In the event an employee is authorized to be examined by a doctor of hislher choice, reimbursement shalr be made by the City for the cost thereof, provided, however, that the amount of reimbursement shalr not exceed the cost the City would have paid its contract physician or medical group. SECTION 3 - Probationary Period Air new or newly promoted employees must serve a one (1) year probationary period. 40 General Unit MOU ~ '-" SECTION 4 - Seniority Department Heads will consider seniority in authorizing vacations, scheduling shift assignments and transfers. Seniority shall prevail when all other factors are not significantly different. "All other factors" is defined as special qualifications, skills, work performance, as well as attendanee and safety. An employee shall not attain seniority until the completion of a probationary period, upon which time the seniority date shall be from the last date of hire within the department, division or section. In the event oflayoffs, due to lack of work or funds that the department deems it necessary to reduce the working force, the last employee hired within the classification so reduced shall be the first laid off unless he/she possesses special qualifications or whose loss of skills would adversely affect the public welfare or has superior work performance that can be documented. - '- Emergency, temporary and provisional emproyees shall be raid off in that order prior to the layoff of permanent emproyees in the same class. In a department where there is more than one class having equal rates of compensation, any probationary or regular employee subject to layoff under this rule shalr, in lieu thereof, be allowed a transfer to a position in one of the other classes of equal compensation for which he/she possesses the minimum requirement of knowledge, skill and experience provided that the employee subject to layoff has longer service in hislher class. Any regular employee subject to rayoff under this rule shall, in lieu thereof, be allowed a demotion to the next lower class of hislher department in which the emproyee subject to layoff possesses the minimum requirements of knowledge, skill and experience and shall become the senior employee of that class for the purposes of this rule. Any employee laid off or demoted to a lower elass or transferred to an equal class under this section shall have the right for two (2) years to be reemployed, transferred or promoted to their former class or any rower crass upon the first vacancy occurring in any such class in the department provided he or she possesses the minimum requirements of knowledge, skill and experience for such vacancy and such rights shall take precedence over the regular emproyee or promotion lists. An employee so reinstated from the reemployment preferred register shall regain tenure-seniority for prior service, Notice of reduction in force shall be presented to the Union and the affected employees. Such notice shall be in writing by the Human Resources Department. An employee shall be given at least thirty (30) days' notiee prior to layoff. SECTION 5 - Reasonable Suspicion Drug and Alcohol Testing In addition to employees already covered under the Department of Transportation (DOT) drug and alcohol testing, all General Unit employees will participate in reasonable suspicion drug and alcohol testing, following the reasonable suspicion Drug/Alcohol Testing Procedure described in the City of San Bernardino's Policy on Drug and Alcohor Testing of Employees with Commercial Driver's Licenses. (Exhibit 4) If a supervisor has a reasonable suspicion that an emproyee has been abusing drugs or C alcohol, that supervisor will take one of the steps listed below prior to referring an employee for a test, and will document hislher observations on a reasonabre suspicion checklist: 41 General Unit MOU "- A. Seek the concurrence of another supervisor if a second supervisor is in the immediate vicinity; or, B. Notify his/her Department Director, Assistant Director or immediate supervisor if a second supervisor is not in the vicinity. The conduct of the employee must be witnessed by a supervisor who has received training consisting of at least six (6) hours on identification of actions, appearance or conduet which are indicative of the use of drugs or aleohol. A supervisor must directly observe and document the behavior. Reasonable suspicion may not be based on hearsay. Training will be provided by police officers possessing a Drug Recognition Expert (DRE) certifieation issued by the National Highway of Traffic Safety Administration (NHTSA). Training will be provided to all current Middle Management Unit supervisors following ratification of this MOU. The training will be videotaped for the purpose of training newly appointed supervisors and serve as refresher training for all supervisors, as needed. Follow-up training classes will be provided to newly appointed supervisors in a group session when that number reaches five (5) or more. In addition to training supervisors, the City will offer an overview to full-time regular employees in the detection of drug and alcohol use. - ......... ARTICLE VII - GENERAL PROVISIONS SECTION 1- Waiver Clause The parties acknowredge that during the meet and confer process which resulted in this MOU, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law, City Charter, ordnance, resolution, personner and departmental rules and regulations, from the scope of negotiable issues and that the understandings arrived at by the parties after the exercise of that right and opportunity are set forth herein. Therefore, the City and the Union, for the life of this MOU, each voruntarily and unqualifiedly waives the right to meet and confer and each agrees that the other shall not be obligated to meet and confer with respect to any subject or matter referred to or covered in this MOU or with respect to any subject or matter not specifically referred to or covered in this MOU, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this MOU. SECTION 2 - Severability It is understood and agreed that this MOU is subject to all current and future applicable - federal and state laws and regulations and the current provisions of the charter, ordinances, """. resolutions and of the rules and regulations of the City. If any part or provision of this MOU is 42 General Unit MOU ~ ,.- ""-' - '- in conflict or inconsistent with such applicable provisions of those federal, state or city enactment's, or it is otherwise held to be invalid or unenforceable by any court or competent jurisdietion, such part or provision shall be superceded by such applicabre law or regulations, and the remainder of this MOU shall not be affected thereby. The parties hereto agree to refrain from initiating any action that would invalidate any part of the MOU. SECTION 3 - Printing of Memorandum of Understanding The City shall pay one-half (1/2) of the cost of printing the MOU. The City shall distribute the MOU to the bargaining unit and new emproyees. The City will provide an initialed/signed distribution rist of employees to the Union after distribution of the MOU. SECTION 4 - Term of Memorandum of Understanding The term of this MOU extends through June 30. 2004 .JuBe ]9, 29111. 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 untir a successor MOU is adopted by the Mayor and Common Council. SECTION 5 - Notice of Intent to Reopen The parties agree that, if either party desires to propose changes in the terms or conditions of this MOU for the period following expiration of this MOU, such requested meeting shall be held at least one hundred twenty (120) days before the expiration of the MOU Betiee sh&II. he gi'/eB te tlte etlter Bet later tfteB tlte last we-'-;,'g day sf FeBfUary Hi the last yaM sf tits esBtfaet, tltat 5I:Iea diseassisns Me deeired. 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. 43 General Unit MOU '- ,~ ......... -- '-' Executed this GENERAL UNIT EMPLOYEES' MEMORANDUM OF UNDERSTANDING 2001 - 2004 day of 2001. Mayor City of San Bernardino City's Designated Representative ATIEST: City Clerk Approved as to fonn And regal content: J...7/-- . Attorney San Bernardino Public Emproyees' Association (SBPEA) 44 General Unit MOU ~cgl?V 1 , Resolution No. '- 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION 4 NO. 6413, SECTION TEN, ENTITLED IN PART "A RESOLUTION. . . ESTABLISHING A BASrc COMPENSATION PLAN. . . "; BY UPDATING INFORMATION CODIFYING 5 PRIOR COUNCIL ACTIONS (GENERAL UNIT). 6 BE IT RESOLVED BY THE MAYOR AND COMMON OF THE CITY OF SAN BERNARDINO AS FOLLOWS:: 7 8 SECTION 1. Resolution No. 6413, Section Ten, is amended to read as follows, effective October I, 2001: 9 "SECTION TEN: General Employees": 10 SALARY RANGE BOTIOM STEP TOP STEP CLASSIFICATION TITLE 11 12 (1247) 1522 1850 Messenger 13 (1257) 1599 1944 Coordinator of Volunteers - 14 (1267) 1681 2044 Police Records Clerk Trainee '-' 15 (1275) 1750 2127 Administrative Clerk I 16 (1288) 1867 2269 Custodian 17 (1291) 1895 2303 Animal Shelter Attendant 18 Senior Animal License Checker 19 (1293) 1914 2327 Account Clerk I 20 Cashier II 21 (1294) 1924 2338 Account Clerk II Library Clerk 22 Administrative Clerk II 23 CATV Production Engineer Library Services Technician 24 . (1298) 1962 2385 Lead Custodian 25 (1301) 1992 2421 Animal Shelter Office 26 Specialist - '-' 27 28 Yl{). 2/) B Page I of7 ItJll/Or RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTrON NO. 6413, SECTION TEN, ENTITLED IN PART "A RESOLUTION. . . ESTABLlSlllNG A 1 BASrc COMPENSATION PLAN . . . "; BY UPDATING INFORMATION CODIFYING \....... PRIOR COUNcrL ACTIONS (GENERAL UNIT). 2 3 (1307) 2052 2495 Park Maintenance Worker I 4 Recreation Program Coordinator 5 ( 1309) 2073 2520 CATV Production Technician 6 Police Records Technician 7 (1310) 2083 2532 Maintenance Worker I 8 Tire Repair Worker 9 (1312) 2104 2558 Account Clerk IT 10 (1313) 2115 2571 Administrative Clerk 1lI 11 (1316) 2147 2609 CATV Production Engineer 12 (131 7) 2157 2622 Library Computer Technician I 13 (1319) 2179 2649 Animal Control Officer - 14 Registered Vet. Technician .......... 15 (1320) 2190 2662 Refuse Operator r 16 Customer Service Rep. 17 (1322) 2212 2689 Police Fleet Maintenance Expeditor 18 Storekeeper 19 (1323) 2223 2702 Community Service Officer I 20 Parking Enforcement Officer Personner Clerk IT 21 Workers' Compensation Claims Assistant 22 (1325) 2245 2729 Employment Intake Specialist 23 24 (1326) 2256 2743 Community Services Program Specialist 25 ( 1327) 2268 2756 Park Maintenance Worker IT 26 - 27 ......... 28 Page 2 of7 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413, SECTION TEN, ENTITLED IN PART "A RESOLUTION. . . ESTABLISlITNG A 1 BASrc COMPENSATION PLAN. . . "; BY UPDATING INFORMATION CODIFYING -- PRIOR COUNCIL ACTIONS (GENERAL UNIT). '- 2 3 (1329) 2291 2784 Maintenance Worker II 4 Traffic Sign Technician Police Services Assistant 5 (1331) 2313 2812 Account Clerk III 6 Refuse Dispateher 7 (1333) 2337 2840 Print Shop Assistant 8 Secretary 9 (1336) 2372 2883 Librarian Computer Technician II 10 (1337) 2384 2897 Motor Sweeper Operator 11 Survey Party Technician I 12 (1338) 2396 2912 Library Technician I 13 ( 1339) 2408 2927 Refuse Operator II - 14 """ (1340) 2420 2941 Staff Analyst I 15 Senior Customer Service Rep. 16 Equipment Repair Workerl 17 (1341) 2432 2956 Senior Storekeeper 18 (1342) 2444 2971 Community Service Officer II 19 (1344) 2468 3000 Program Manager (RSVP) 20 ( 1346) 2493 3030 Park Maintenance Worker III 21 (1347) 2506 3046 Dispatcher I 22 Tree Trimmer 23 (1351) 2556 3r07 Senior Fleet Parts Specialist 24 (1352) 2569 3123 Engineering Aide 25 (1354) 2595 3154 Property & Evidence Tech. I 26 - 27 """ 28 Page 3 of7 RESOLUTION OF TIIE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413, SECTION TEN, ENTITLED IN PART "A RESOLUTION. . . ESTABLISHING A -- 1 BASIC COMPENSATION PLAN. . . "; BY UPDATING INFORMATION CODIFYING -- 2 PRIOR COUNCIL ACTIONS (GENERAL UNIT). 3 (1356) 262r 3185 Heavy Equipment Operator 4 Maintenance Carpenter Survey Party Technieian IT 5 (1357) 2634 3201 Administrative Operations 6 Technician Electrician I 7 Librarian Technician IT 8 (1358) 2647 3217 Building Maintenance 9 Mechanic Environmental Project 10 Assistant 11 (1359) 2660 3233 Accounting Technician I 12 Assistant Buyer Equipment Repair Worker IT 13 Equipment Mechanic I 14 Refuse Operator ill - Staff Analyst IT '- 15 (1361) 2687 3266 Draftsperson 16 Senior Secretary 17 (1363) 2714 3299 Program Manager - SCP 18 (1364) 2727 3315 Business Registration 19 Inspector (U) Forensic Specialist I 20 (1365) 2741 3332 Code Compliance Officer I 21 (1366) 2755 3348 Dispatcher IT 22 Maintenance prumber 23 Planning Aide Tree Trimmer IT 24 (1368) 2782 3382 Workers' Compensation 25 Specialist 26 (1370) 2810 3416 Landscape Inspector I ,- 27 ......... (1375) 2881 3502 Personner Assistant/Civil 28 Page4of7 -,-'" '''''-"' - '-' - .'-' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413, SECTION TEN, ENTITLED IN PART "A RESOLUTION. . . ESTABLISHING A BASrc COMPENSATION PLAN . . . "; BY UPDATING INFORMATION CODIFYING PRIOR COUNcrL ACTIONS (GENERAL UNIT). 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 ,2001, by the following vote, to wit: COUNCrLMEMBERS: ESTRADA LIEN MCGINNIS SCHNETZ SUAREZ ANDERSON MC CAMMACK NAYES AYES ABSTAIN ABSENT Rachel G. Clark, City Clerk The foregoing resorution is hereby approved this of , 2001. Judith Valres, Mayor City of San Bernardino Approved as to form and Legal content: JAMES F. PENMAN, City Attorney By: L? 1",,--- () Page 7 of7 ',' '. CITY CLERK'S OFFICE RAcHEL G. CLARK, C.M,C. - CITY CLERK P.O. Box 1318. San Bernardino' CA92402 300 North "D" Street. San Bernardino' CA 92418-0001 909.384,5002' Fax: 909.384.5158 Business Registration Division: 909.384.5302 Passport Acceptance Facility: 909.384.5128 www.cLsan-bernardino.ca.us " October 5. 2001 Elizabeth Campos San Bernardino Public Employees Association 433 N, Sierra Way San Bernardino, CA Dear Ms. Campos, At the Mayor and Common Council meeting of October I, 2001, the City of San Bernardino adopted Resolution 2001-303 - Resolution implementing a Memorandum of Understanding between the City of San Bernardino and the General Unit Employees. Enclosed is one (I) original agreement. Please sign in the appropriate location and return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please retain a copy of the agreement for your files. rf you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, l;'>:/'I~/i{t ," i C{ Michelle Taylor Senior Secretary Enclosure CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty . CiTY CLERK'S OFFICE RACHEL G. CLARK, C.M.C.. CITY CLERK '" P,O, Box 1318. San Bernardino' CA 92402 300 North "D" Street. San Bernardino. CA92418-0001 909.384.5002' Fax: 909.384.5158 Business Registration Division: 909.384.5302 Passport Acceptance Facility: 909.384.5128 www.ci.san.bernardino.ca.us November 16, 2001 Elizabeth Campos San Bernardino Public Employees Association 433 N. Sierra Way San Bernardino, CA Dear Elizabeth, Our office has not received the executed Memorandum of Understanding between the City of San Bernardino and the General Unit Employees, which was approved at the Mayor and Common Council meeting held on October 1,2001. Please forward the executed agreement to the City Clerk's Office, to my attention, as soon as possible. rfyou have any questions, please do not hesitate to contact me at (909) 384-5002. Thank you, ..' l ':. ~I /f,-,".J ( "..... i ~\ I .-)-'-'\ "..6-\.._ Michelle Taylor Senior Secretary cc: Edward S. Raya, Director of Human Resources CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty " ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): I b-\ -0 \ Vote: Ayes (-I") !tern # 7 ()A Resolution # Nays.;l;:r Abstain ...G- 200\- 30-:>' Absent -G- Change to motion to amend original documents: Reso, # On Attachments: -L Contract term: -- Note on Resolution of Attachment stored separately: --==- Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY Null/Void After: - By: - Date Sent to Mayor: \ a-:>.. ""C) ) Date of Mayor's Signature: 'O-?'--() \ Date of Clerk/CDC Signature: \ 0 -'3-CJ \ Reso. Log Updated: ,/ Seal Impressed: ,/'" Date Memo/Letter Sent for Signature: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: 10-S-0\ \1- I(;()\ See Attached:"/ Date Returned: See Attached: V See Attached: Request for Council Action & Staff Report Attached: Updated Prior Resolulions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes~ No By Yes No ----->L By Yes No~ By Yes No~ By Yes N01 By Copies Distributed to: City Attorney / Parks & Rec. Finance /' MIS Others: /-tuIl1Il-N R.t::rxJf!.I'L--'5 Code Compliance Dev. Services EDA Police Public Services Water Notes: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: _ Date: Revised 01/12/01 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): \ a-I -0\ 'lo (7, Item # Vote: Ayes \-') .0- Abstain Nays Change to motion to amend original documents: Reso, # On Attachments: - Contract term: Note on Resolution of Attachment stored separately:---=- Direcl City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Date Sent to Mayor: IO-3-c-, \ Date of Mayor's Signature: 10- 3-0\ Date of Clerk/CDC Signature: \ a- <,-(, \ "--- Date Memo/Letter :Sem fvr S.ign~ture: 60 Day Reminder Letter Sent on 30th d~ 90 Day Reminder Letter Sent on 45th day: Resolution # ? (-,01 - 30Lj Absent A .[)- NulllVoid After: - By: - Reso. Log Updated: v' Seal Impressed: .,,/ See Attached: See Attached: ~ Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updaled CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distributed to: City Attorney / Code Compliance Dev. Services Parks & Rec. Public Services Water Police Notes: Date Returned: Yes ........- Yes Yes ,/ No No v No No ,/ NOL By_ By_ By .i1rC By_ By_ Yes Yes EDA Finance ,,/ MIS Others: t--+UrY\A-n lL~(,/?_c~~ BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File:.fr:l:r:..- Date: ~ Revised 01/12/01