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HomeMy WebLinkAbout22- Personnel s CI'T'Y OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION BARBARA DILLON ° RESOLUTION OF THE MAYOR AND COMMON From: ,� Subject: COUNCIL OF THE CITY OF SAN BERNARDINO PERSONNEL � EXPRESSING ITS INTENTION TO APPROVE Dept: AN AMENDMENT TO CONTRACT BETWEEN MAY 1, 1996 THE BOARD OF ADMINISTRATION OF THE Date: PUBLIC EMPLOYEES' RETIREMENT SYSTEM Synopsis of Previous Council action: On September 6, 1995, the Mayor and Common Council approved the Memorandum of Understanding between the City of San Bernardino and employees in the Fire Safety Employees' bargaining unit of the City of San Bernardino represented by the International Association of Fire Fighters' Local 891. Recommended motion: Adopt Resolution Signature Contact person: Barbara Dillon Phone: 384-5161 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: 3.202%increase in employer contribution rate for all local safety employees, effective July 1, 1997. Source: (Acct. No.) (Acct. Description) Finance: Council Notes: CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT BACKGROUND On September 6, 1995, the Mayor and Common Council approved the Memorandum of Understanding between the City of San Bernardino and employees in the Fire Safety employees' bargaining unit of the City of San Bernardino represented by the International Association of Fire Fighters' Local 891. Article 15, Retirement Plan. of said MOU states in paragraph 5, "The City will contract with PERS to additionally provide the Post-Survivors' Retirement Benefit, as of August 1, 1996, upon approval by the Mayor and Common Council and by PERS." Pursuant to PERS regulations, an ordinance of the City of San Bernardino and the Board of Administration of the California Public Employees' Retirement System will be presented at the next Council meeting. ANALYSIS The attached Resolution of Intention (Exhibit A) states the intention of the Mayor and Common Council of the City of San Bernardino to amend its contract with the Public Employees' Retirement System to provide Section 21624, 21626 and 21628 (Post-Retirement Survivor Benefits) for local fire safety members, with an extension of the funding period to the year 2011. COSTING An actuarial valuation was requested and performed by the Public Employees' Retirement System, Actuarial and Employer Services Division. The estimated cost will be a 3.202% increase to the employer contribution rate for all local safety members. The employer contribution rate would reflect the increase effective July 1, 1997. The actual cost of this benefit may differ somewhat from the estimated cost as provided above, since current valuations are based on employees data and actuarial assumptions as of June 30, 1994. Future annual valuations will be based on new data and possible new assumptions. RECOMMENDATION Based on the foregoing, it is recommended that the Mayor and Common Council adopt: • Resolution of the Mayor and Common Council of the City of San Bernardino expressing its intention to approve an amendment to contract between the Board of Administration of the Public Employees' Retirement System and the City of San Bernardino. AGENDA:SR.PERS.AMEND dm 4/30/96 CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division Public Agency Contract Services Coo P P.O. Box 94270 Sacramento, CA 94229-2709 (916)326-3420 CERTIFICATION OF GOVERNING BODY'S ACTION I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the of the (governing body) (public agency) on (date) Clerk/Secretary Title PERS-CON-12(rev. 1/96) CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (916)326-3420 CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 7507 I hereby certify that in accordance with Section 7507 of the Government Code the future annual costs as determined by the System Actuary and/or the increase in retirement benefit(s)have been made public at a public meeting of the (governing body) of the (public agency) on which is at least two weeks prior to the adoption of the (date) Resolution/Ordinance. Clerk/Secretary Title Date PERS-CON-12A(rev. 1/96) AMENDMENT TO CONTRACT EXHIBIT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract effective March 1, 1945, and witnessed February 6, 1945, and as amended effective November 1, 1949, September 1, 1951, January 1, 1952, July 1, 1954, February 1, 1965, February 24, 1969, March 8, 1971, October 1, 1973, October 28, 1974, March 17, 1975, April 28, 1975, November 10, 1975, July 6, 1977, January 7, 1985, May 27, 1985, September 16, 1988 and August 27, 1990, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective August 27, 1990, and hereby replaced by the following paragraphs numbered 1 through 13 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members and age 50 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after March 1, 1945 making its employees as hereinafter provided, members of said j System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: i a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. CROSSING GUARDS HIRED ON OR AFTER JANUARY 1, 1952; b. LIBRARY PAGES HIRED ON OR AFTER MARCH 17, 1975; C. LIFEGUARDS; PLEASE DO NOT SIGN "EXHIBIT ONLY" d. SENIOR LIFEGUARDS; e. SUPERVISING LIFEGUARDS; f. RECREATION INTERNS; g. RECREATION AIDES; h. RECREATION LEADERS; i. SENIOR RECREATION LEADERS; j. RECREATION SPECIALISTS; k. LOCKER ATTENDANTS; j 1. VEHICLE OPERATORS; AND j M. EXTRA RELIEF HEAVY LABORERS (EXTRA BOARD). 5. Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20336 supersedes this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. Legislation repealed and replaced said Section with Government Code Section 20305 effective July 1, 1994. 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21251.13 of said Retirement Law (2% at age 60 Full). 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21362 of said Retirement Law (2% at age 50 Full). 8. Public Agency elected and elects to be subject to the following optional provisions: a. Sections 21624,21626 and 21628(Post-Retirement Survivor Allowance)for local miscellaneous members and local fire members only. b. Section 21222.1 (Special 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980. C. Section 20042 (One-Year Final Compensation). d. Section 21024 (Military Service Credit as Public Service), Statutes of 1974. e. Section 21222.2(Special 5% Increase - 1971). Legislation repealed said Section effective January 1, 1980. f. Section 21319 (Special 15% Increase for Local Miscellaneous Members). g. Section 21573 (Third Level of 1959 Survivor Benefits) for local fire members only. 9. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on April 28, 1975. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 10. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 11. Public Agency shall also contribute to said Retirement System as follows: a. Public Agency shall contribute $2.00 per member, per month on account of the liability for the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local fire members. I b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. C. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 12. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 13. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the day of , 19 BO OF ADMINISTRATION CITY CPYNCIL PUB 31 giEMPLOYEES' RETIREMENT SYSTEM OF THE � se CITY OF�6 BERNARDINO BY 00 By Q DIVISION UftF Presiding Off ACTUARIAL MPLOYER SERVICES DIVISION PUBLIC EMPL S' RETIREMENT SYSTEM j Witness Date F 0, Attest: ' i AMENDMENT Clerk PER-CON-702A (Rev. 1/96) CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (916) 326-3420 CERTIFICATION OF GOVERNING BODY'S ACTION I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the of the (governing body) (public agency) on (date) Clerk/Secretary Title PERS-CON-12(rev. 1/96) CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (916)326-3420 CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 7507 I hereby certify that in accordance with Section 7507 of the Government Code the future annual costs as determined by the System Actuary and/or the increase in retirement benefit(s)have been made public at a public meeting of the (governing body) of the (public agency) on which is at least two weeks prior to the adoption of the (date) Resolution/Ordinance. Clerk/Secretary Title Date PERS-CON-12A(rev. 1/96) 1995 - 1997 MIDDLE MANAGEMENT EMPLOYEES ' MEMORANDUM OF UNDERSTANDING CITY OF SAN BERNARDINO OFFICE OF THE DIRECTOR OF PERSONNEL TABLE OF CONTENTS Article/Section Title Resolution No. Implementation of Memorandum of Understanding 1 Definition of Terms 3 ARTICLE I ADMINISTRATION 4 Section 1 Management Rights 4 Section 2 Agency Personnel Rules 4 Section 3 Labor-Management Committee 5 ARTICLE II EMPLOYER-EMPLOYEE RELATIONS 5 Section 1 Recognition 5 Section 2 No Strike 6 Section 3 Payroll Deduction 6 Section 4 Grievance Procedure 7 Section 5 Non-Discrimination 9 Section 6 Employee Rights 9 Section 7 Classification 10 Section 8 Bulletin Boards 10 Section 9 Access to Personnel Records 10 ARTICLE III COMPENSATION 11 Section 1 Wages 11 Section 2 Acting Pay 11 Section 3 Shift Differential 11 Section 4 Wage Differential 12 Section 5 PERS 12 Section 6 Overtime 12 Section 7 Fines 13 ARTICLE IV FRINGE BENEFITS 14 Section 1 Health/Life Insurance 14 Section 2 Uniforms 15 Section 3 Tuition Reimbursement 15 ARTICLE V LEAVES 17 Section 1 Vacation 17 Section 2 Holidays 18 Section 3 Sick leave 21 Section 4 Payment for Unused Sick Leave 22 Mid-Management MOU Article/Section Title Paee Section 5 Injury Leave 22 Section 6 Leave of Absence Without Pay 23 Section 7 Witness Leave 25 Section 8 Blood Donations 25 Section 9 Catastrophic Leave 25 ARTICLE VI WORKING CONDITIONS 26 Section 1 Physical Examinations 26 Section 2 Seniority 26 Section 3 Probationary Period 27 ARTICLE VII GENERAL PROVISIONS 27 Section 1 Waiver Clause 27 Section 2 Severability 27 Section 3 Printing of Memorandum of Understanding 27 Section 4 Term of Memorandum of Understanding 28 Section 5 Notice of Intent to Reopen 28 SIGNATURE PAGE 29 EXHIBITS Exhibit 1 Side Letter to Agency Personnel Rules Exhibit 2 Authorization for Checkoff for Union Dues Form ' Exhibit 3 Resolution 6413, Section Eleven: "Middle Management Employees" 1 Mid-Management MOU DEFINITION OF TERMS XL The City of San Bernardino. Classification: Includes titles listed in Section Eleven of City Resolution No. 6413, as amended. i Dav: As it pertains to a holiday, sick leave day, or a vacation day, one (1) "day" equals eight (8) hours, unless otherwise specified. Exclusions: Excluded from the Middle-Management Unit for purposes of representa- tion are: Classification titles designated as management/confidential, general, or safety, positions established and created under Federal contract, and, temporary, part-time provisional and probationary individuals. Middle- Includes titles listed in Section Eleven of City Resolution No. 6413, as Mana eg ment amended. Additional titles in the Middle-Management Unit may be ni • established by the Mayor and Common Council. Also reference "Exclusions" above. Mandatory and "Shall" is mandatory; "may" is permissive. Permissive: MOU: Memorandum of Understanding. Union: The exclusive bargaining representative for the Middle-Management Unit. 3 Mid-Management MOU ARTICLE I ADMINISTRATION Section 1 Management Rights This MOU shall not be deemed to limit or curtail the City in any way in the exercise of the rights, powers, and authority which the City has prior to entering into this understanding except to the extent that the provisions of this MOU specifically curtails or limits such rights, powers, and authority. Furthermore, the City retains all its exclusive rights and authority under City Charter, Ordinances, Resolutions, State and Federal Law, and expressly and exclusively retains its management rights, which include but are not limited to: the exclusive right to determine the mission of its constituent departments, commissions, and boards; set standards of selection for employment and promotions; 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 lawful reasons; maintain the efficiency of governmental operations; determine the methods, means and numbers and kinds of personnel by which government operations are to be conducted; determine the content and intent of job classifications; determine methods of financing; determine style and/or types of City-issued wearing apparel, equipment or technology, means, organizational structure and size and composition of work force and allocate and assign work by which the City operations are to be conducted; determine the change and the number of work locations, relocations, and types of operations; processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operations of the City; to assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice, establish and modify productivity and performance programs and standards; discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees in accordance with the applicable law; establish employee performance standards including, but not limited to, quality and quantity standards, and to carry out its mission in emergencies, and to exercise complete control and discretion over its organization_ and the technology of performing its work. Section 2 Agency Personnel Rules It is understood and agreed that there exists within the City in written or unwritten form, certain personnel rules, policies, practices, and benefits generally contained in the "Civil Service rules and Regulations for the Classified Service"; Resolution No. 6433, as amended; Resolution _ No. 10584, Establishing Uniform and Orderly Methods of Communications between the City and its Employees for the Purpose of Promoting Improved Employer-Employee Relations, as amended; and Resolution No. 10585, Adopting Rules and Regulations, relating to Employer- 4 Mid-Management MOU Employee Relations, as amended, which documents will continue in effect, except for provisions modified by the City Council in accordance with Federal or State laws, orders, regulations, official instructions or policies. The City may adopt, change or modify work rules. Whenever the City changes work rules or issues new work rules, it will post them on departmental bulletin boards ten (10) working days prior to their effective date, except in emergency situations. A copy will be sent to SBPEA at the beginning of the ten (10) day period, in order that SBPEA may meet and confer regarding such rules with the City before they become effective, if SBPEA so requests. (Reference Side Letter - Exhibit #1) Section 3 Labor-Management Committee The Labor-Management Committee shall be established for the purpose of discussing common problems that are not addressed in other existing procedures. The Union and the City shall each designate up to three (3) representatives to serve on the Committee from different departments. The Committee will select a chairperson who will be responsible for receiving items, establishing agendas and informing participants of the time and place of meetings. The Committee shall normally meet at least quarterly or may meet more often if necessary at a mutually agreed upon time and place. The Union will provide a list of the Committee members to the Director of Personnel each January and July. ARTICLE II EMPLOYER-EMPLOYEE RELATIONS Section 1 Recognition Exclusive recognition of the Union is acknowledged for purposes of meeting and conferring on wages, hours and working conditions, and of general representation of employees within the unit of representation. The classification titles of those Middle-Management permanent employees in the unit for which the Union has been recognized exclusively as the majority representative are listed in Resolution 6413, Section Eleven, as amended, and as subsequently so designated as determined solely by the City; excluding therefrom positions regarded as temporary, part-time and seasonal; titles and positions established and created under Federal contract, and those employees while under provisional or probationary status. The granting of "exclusive" recognition shall not preclude employee self-representation in matters where individual rights, protections, and concerns are involved; provided however, the representation rights of the Union as exclusive representative shall not be compromised 5 Mid-Management MOU thereby. Section 2 No Strike It is the purpose of this MOU for the parties hereto, to confirm and maintain the spirit of cooperation which has existed between the City of San Bernardino and the employees of the City. It is recognized that any work disruptions are unproductive to City operations and services provided its citizens. The Union and the City agree that they shall at no time nor in any way jeopardize the public health, welfare, and safety of the City's business and residential communities. Thus, the Union and the City will strive to promote a harmonious relationship between the parties to this MOU that will result in benefits to the City and will provide continuous and uninterrupted employee services. It is, therefore, further agreed that the Union shall not, on behalf of itself and its members, individually or collectively, engage in any curtailment or restriction of work. Should any curtailment or restriction of work take place, paid leave benefits (sick leave, vacation, etc.) will not be available during such periods of time. Section Payroll Deduction It is agreed that Union membership dues, insurance, and premiums for plans sponsored by the Union shall be deducted by the City from the pay warrant of each employee covered hereby who files with the City a written authorization requesting that such deduction be made. Remittance of the aggregate amount of all membership dues and insurance premiums deducted from the pay warrants of employees covered hereby shall be made of the Union within 30 days after the conclusion of the month in which said membership dues and insurance premiums were deducted. The City shall not be liable to the Union employees, or any other persons by reason of the requirements of this Section for the remittance of any sum other than that constituting actual deductions made from employee wages earned. The Union shall hold the City harmless for any and all claims, demands, suits, orders, judgments or other forms of liability that may arise out of or by reason of action taken by the City under this Section. Dues deduction shall be a specified uniform amount for each SBPEA member. Any change in the amount of dues deducted shall be by written authorization from the Union with 30 days' notice to the City Finance Department of any change in the amount of dues to be deducted. All unit members who were members of SBPEA on July 1, 1995, and those employees who thereafter become members shall remain as SBPEA members in good standing for the duration of this MOU, except as provided herein. 6 Mid-Management MOU During the first full week of April, members may request in writing to the Finance Department, with a copy to SBPEA, to withdraw their authorization for dues deduction, which shall become effective at the beginning of the first payroll period in June. (Reference: "Authorization for Checkoff for Union Dues" - Exhibit #2) Section 4 Grievance Procedure P e• The City of San Bernardino and the Middle-Management Unit realize the importance of a viable Grievance Procedure to aid in the resolution of disputes. It is recognized that, to maintain high employee morale and harmonious relations, an orderly method of processing grievances is necessary. This procedure is intended to establish a systematic means to process a grievance and to obtain fair and proper answers and decisions regarding employee complaints. The representative of employees and management at all levels will make continuing efforts to secure prompt disposition of grievances. Every effort should be made to resolve grievances in the informal process. The initiation of a grievance in good faith by an employee shall not cast any adverse reflection on his/her standing with his/her supervisors or his/her loyalty as a City employee, nor be a reflection on the employee's supervisor or the department involved. Definition of a Grievance: A grievance is an alleged violation of the terms of this MOU. If the employee chooses to appeal disciplinary action to the Civil Service Board, he/she shall be precluded from filing a grievance. The remedy selected shall be the exclusive remedy pursued, either through the grievance procedure used under this MOU, or through the appeal to the Civil Service Board. Additionally, allegations of discrimination or harassment may be submitted to the Affirmative Action Officer. As used in this procedure, the term "immediate supervisor" m_ eans the lowest level of supervisor not within the Middle-Management representation unit. Representation: The aggrieved employee shall have the right to be represented. This representation may commence at any step in the Grievance Procedure. Legal Counsel or official representatives of the recognized employee organization only can represent the employee. No person hearing a grievance need recognize more than one City employee representative for any employee at any one time, unless he/she so desires. If the employee's Legal Counsel is not from the formally recognized employee organization, a representative of that formally recognized organization may attend the grievance hearing to insure that the solution reached does not violate the terms of the MOU. Consolidation of Grievances: In order to avoid the necessity of processing numerous 7 Mid-Management MOU similar grievances at one (1) time, a single grievance may be filed. Time Limitation: Time limitations are established to settle a grievance quickly. Time limits may be modified by agreement of the parties. If at any stage of this grievance procedure the grievant is dissatisfied with the decision rendered, it shall be the grievant's responsibility to initiate the action which submits the grievance to the next level of review. The grievant may proceed to the next step if a reviewing official does not respond within the time limits specified. A formal grievance may be entered into or advanced to any step if the parties jointly so agree. Steps in The Grievance Procedure: The procedures outlined herein constitute the informal and formal steps necessary to resolve an employee's grievance. An attempt to settle the grievance in the informal structure at the employee-supervisor level is required. The grievance must be submitted to the Informal Step within ten (10) working days of the incident or of the grievant's knowledge of the incident's occurrence. A. Informal: Initially, the grieving employee shall, on a personal face-to-face basis, discuss his/her complaint with his/her immediate supervisor informally. Within ten (10)working days the supervisor shall give his/her decision to the employee orally. The date and the subject of the incident should be provided with the request for the informal meeting. The supervisor will document his/her response to the employee, in the event the grievance proceeds to the Formal level. B. Formal: 1. If the grievance is not adjusted to the satisfaction of the employee involved, the grievance shall be submitted in writing, by the employee or his/her designated representative to the Department Head within the next ten (10) working days. The Department Head shall meet with the employee and/or his/her designated representative within ten (10) working days of receipt of the written grievance and shall deliver his/her answer, in writing, to the employee within ten (10) working days after the meeting. 2. If the grievance is still not adjusted, the aggrieved party may file a written appeal with the Director of Personnel within ten (10) working days from the date of delivery of said answer. The Director of Personnel or his/her designee shall meet with the employee, and, if the employee desires, the designated Union representative, within ten (10) working days after receipt of the appeal and shall deliver his/her answer, in writing, to the employee within ten(10) working days after the meeting. 3. If the grievance is still not adjusted, the aggrieved party may file a written appeal with the City Administrator within ten (10) working days from the date of delivery of said answer. State in writing the complaint and the desired result. The City Administrator may meet with the employee and, if the employee desires, the designated Union representative, within ten (10) working days after the receipt of the appeal and shall deliver his/her answer, in writing, to the employee within ten (10) working days after the meeting. The City Administrator's 8 Mid-Management MOU decision is final and binding on all parties, unless reversed by a court decision. 4. Any grievance not answered by the City within the specified time limits listed above shall be deemed settled on the basis of the Union's original demand. Likewise, any grievance not answered by the Union as above shall be deemed settled on the basis of the City's last official answer. 5. Time limits, as stated above in Items 1-4, may be extended by mutual agreement of the employee, his/her representative (if any) and the City. Section Non-Discrimination The City and the Union agree that there shall be no discrimination against employees within the bargaining unit because of race, color, creed, religion, national origin, sex, age, marital status or Union membership. Further, there shall be no discrimination against qualified individuals with disabilities, as defined by the Americans with Disabilities Act (ADA) of 1990, when those individuals do not pose a risk to the health or safety of themselves or others. The ADA expressly identifies reassignment to a vacant position as one form of reasonable accommodation. Section 6 Employee Rights A. Employees of the City have the right to form,join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations, including, 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 themselves individually in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the City or by employee organizations, because of the exercise of these rights. B. The City, through its representatives, shall meet and confer in good faith with representatives of formally recognized employee organizations regarding matters within the scope of representation, including wages, hours and other terms and conditions of employment. 9 Mid-Management MDU Section 7 Classification Classification review is a management tool to ensure the accurate reflection of tasks and duties in each City position for the purpose of recruitment, compensation and organizational structuring. The City shall notify SBPEA in writing on all classifications and changes to classifications to this unit within ten (10) working days after such changes have been approved by the Mayor and Council. New and revised classification specifications shall be sent to SBPEA within the same time frame. Section Bulletin Boards The City will furnish a reasonable portion of existing bulletin board space in each department/division for the purpose of SBPEA posting notices of pertinent SBPEA business. SBPEA agrees that nothing libelous, obscene, defamatory or of a partisan political nature shall be posted. In the event that there is a dispute arising out of the pertinency of any literature posted, the City Administrator or designee shall meet with the SBPEA labor relations representative to resolve the problem as soon as possible. Section 9 Access to Personnel Records The City's Personnel Department shall keep and maintain an official personnel file for each employee. Personnel files are confidential. Employees, or their authorized representatives, shall have the right, upon request, to review the contents of their official personnel files. Such review may be made during normal working hours with no loss of pay for time spent, and the employee may be accompanied by his/her authorized representative, if he/she so wishes. Employees desiring to review such records shall make their requests in writing through the Department Head to the Personnel Department, if it is on City time. Letters of reference and other matters exempted by law shall be excluded from the right of inspection by the employee. 10 Mid-Management MOU ARTICLE III COMPENSATION Section 1 Wages Salaries are per Resolution No. 6413, Section Eleven, as amended by the Mayor and Common Council. Exhibit #3 is a copy of the resolution. A two-and-a-half percent (2-112%) salary increase shall become effective July 1, 1996, for all members. Section 2 Acting Pay A Middle-Management employee who is assigned acting (complete) responsibility in the absence of his/her superior by the Department Head and approved by the City Administrator shall be paid for same as follows: The rate of pay shall be a step on the range of the higher position which allows the "acting" employee at least a 3% increase. The employee shall be paid from the first day of such assignment. To qualify for such acting pay, the Middle-Management employee must be assigned to same for at least 30 consecutive working days. The purpose of this Section is to compensate a Middle-Management employee during extended absences or vacancies of Division/Department Heads, when the Middle-Management employee has been formally assigned "acting" capacity. It is not the purpose of this Section to provide such compensation for vacation relief, under 30 days, or for limited/short term absences. Section Shift Differential All employees within the bargaining unit assigned to the communications division, shall receive the following pay differential, in addition to their regular base rate of pay, for actual "shift work" designated as either the "swing" or "graveyard" shift. A. An employee assigned to the "swing" shift (normal start and ending time of 4:00 p.m. to 12 midnight, respectively) shall receive 35C per hour extra for all hours actually worked during such assignment; or, 11 Mid-Management MOU B. An employee assigned to the "graveyard" shift (normal start and ending time of 12 midnight to 8:00 a.m., respectively) shall receive 45C per hour extra for all hours actually worked during such assignment. Section 4 Wage Differential All Mid-Managers shall receive payment at the step in the salary range which is not less than 5% above his or her highest paid subordinate. Section PERS The City will continue to contract with PERS for the existing retirement benefit plan, and will contribute all of the 7% employee contribution. The City will begin to meet and confer on the PERS 2% @ SS retirement plan, by July 1, 1996. Representatives of all miscellaneous bargaining units will be invited to participate in the meet and confer sessions. Section 6 Overtime The following three paragraphs (Administrative Leave, Emergency Operations Center, and Fluctuating Schedules) apply to all unit employees with the exception of classifications covered under the Federal Fair Labor Standards Act (FLSA): Administrative Leave: Unit employees will receive 40 hours of Administrative Leave on July lst of each year this MOU is in effect. Unused Administrative Leave may not be carried forward from year to year and shall not be paid for at any time. Employees receiving Administrative Leave shall not earn any additional time off or other compensation for overtime work, except as described below. Emergency QXrations Center (EOC): The City will pay straight time overtime to unit members assigned to work beyond their regular shifts, when the City's Emergency Operations Center (EOC) is open, when such assignments result from a Federal or State-declared disaster declaration, and when the overtime worked is expected to be reimbursed to the City by Federal, State and/or other funding sources. Fluctuating, Schedule: In the event that Unit members must work beyond their regular shift or must work on a regularly scheduled day off to provide support for prescheduled special 12 Mid-Management MOU events, the Department Head or designee has the discretion to implement a fluctuating schedule, whereby the employees will work on the prescheduled special event, in exchange for equivalent time off during the same pay period. Each Department Head shall consider any request of an employee as to preference for taking the equivalent time off. FLSA: Article III, Section 6, shall not apply to the following positions covered under the Fair Labor Standards Act(FLSA): Dispatcher Supervisor; Fire Equipment Shop Supervisor; Maintenance Supervisor (Sewer); and, Traffic Signals & Lighting Supervisor. Only hours actually worked shall be counted for purposes of calculating eligibility for overtime compensation, as appropriate. Approved witness leave and jury duty, as set forth in the MOU, will be counted as actual hours worked. Classifications covered by the FLSA shall have the option to participate in a compensatory time bank: Compensatory Time Bank. When an employee works overtime, he or she shall earn overtime at the FLSA rate. Following prior approval of overtime as described above, the employee will either be paid for the overtime worked, or the number of overtime hours worked will be placed in a compensatory time bank, based on the employee's request. The Finance Department (Payroll) will track the compensatory time accrued and used, and the compensatory time balance will appear on the employee's paycheck. Department Head approval will be required in order for employees to use time from the compensatory time bank. ' Once an employee's compensatory time bank reaches 80 hours, the employee will be paid for all subsequent overtime worked. By the end of each calendar year, an employee's compensatory time bank must be reduced to 40 hours. Any hours in the compensatory time bank in excess of 40 hours as of January 1st of each year will be paid at the employee's regular rate of pay, and will be included on the second paycheck in March. If the employee terminates employment, or if the employee is promoted to another position in the City, the compensatory time bank will be paid off at the then current rate of pay. Section 7 Fines The City shall pay for court fines imposed upon each regular Middle-Management employee within the unit of representation as a result of his/her conviction of a traffic violation when such employee was directed to operate any faulty vehicle or vehicular equipment, which was the proximate cause of a mechanical or other traffic violation, provided that such violation did not result from improper or negligent operation of the vehicle on the part of the employee. 13 Mid-Management MOU ARTICLE IV FRINGE BENEFITS Section 1 Health/Life Insurance A. The City shall contribute monies toward health premiums for the employee plus one dependent, at the rate equivalent to the Kaiser South premium. In addition, the City will provide payment at the rate of the Mission Dental (Denticare) high option plan or its equivalent, for the employee plus one dependent. The City's contribution will change to equal the cost in the Kaiser South premium and the Mission Dental (Denticare) high option plan or its equivalent, during the term of the MOU. The City shall contribute the rate equivalent to the Kaiser South premium for employee only and the Mission Dental (Denticare) high option plan or its equivalent for Employee Only, for employees with no dependents. Insurance benefits available for purchase by employees include medical, dental, vision, life, long-term disability and accidental death and dismemberment, as made available through the City. Any contribution not utilized by an employee shall revert to the City. B. An employee must purchase medical insurance offered by the City in order to utilize any of the contributions described in Article IV, Subsection A. C. In addition to the contribution described in Article IV, Subsection A, the City shall contribute a maximum of $16 per month per employee to be used exclusively for the purchase of medical insurance benefits. D. The Accidental Death and Dismemberment (AD&D) plan in effect at this time shall remain in effect for the term of this agreement. E. Cafeteria monies may be redesignated or a change of plans may be made only during the open enrollment period, in accordance with the rules established by the insurance plan selected by the employee. Plan additions and drops shall be made in accordance with the rules established by the insurance plan selected by the employee. F. All employees shall participate in the City-sponsored long-term disability (LTD) insurance plan. The City will pay 100% of the LTD insurance plan premium for employees during the length of this contract. 14 Mid-Management MOU Section 2 Uniforms If an employee is required to wear uniforms, or any type of safety or protective devices as a condition of employment, such uniforms or protective devices shall be furnished to the employee at no cost to the employee. The City will maintain work clothes that are laundered. The City reserves the right to determine the manner in which the work uniforms and protective devices are provided, to select the uniform rental service (as applicable) and to select the style and color of the uniforms/protective devices. Section Tuition Reimbursement A. Purpose 1. To encourage the employees of the City of San Bernardino to take college courses and special training courses which will better enable them to perform their present duties and prepare them for increased responsibilities. 2. To provide financial assistance to eligible employees for education and training. 3. To establish eligibility requirements, conditions and procedures whereby such assistance may be provided. B. Eli i ili 1. Applications for tuition reimbursement will be considered only from unit members/employees who have completed probation. 2. Reimbursement is not authorized for courses for which the employee is receiving financial assistance from other sources such as the GI Bill, Scholarships, etc. 3. Applications will be approved only for courses directly related to the employee's job or directly related to a promotional position in the employee's occupational specialty. 4. Courses not ostensibly related to the employee's job, but which are required to qualify for a degree that is directly related to his/her job may be reimbursable only after all required occupationally related courses have been completed. 5. Prior to receiving tuition reimbursement, employees must submit 15 Mid-Management MOU documentary proof of having received a grade which is consistent with the City's affirmative action policy. Currently, this is a "C" grade. If objective ratings are not rendered for a specific course, then a certificate of successful completion must be submitted. 6. Approval will be limited to courses given by accredited colleges and universities, city colleges or adult education courses under the sponsorship of the Board of Education. Workshops, seminars, conferences and similar activities not identifiable as a formal course of instruction within the curriculum of a recognized educational institution, do not fall within the purview of this program, but may be authorized and funded by the tuition reimbursement funds with the approval of the Department Head and the City Administrator. No mail-order courses will be approved. 7. When an employee is required by his or her Department Head to attend a particular course or seminar, the expense shall be borne entirely by the department, outside of this Section. C. Reimbursement 1. Reimbursement will be for the cost of tuition or registration fees and the required textbooks for each course. Additional expenses such as meals and parking fees are not reimbursable. 2. Costs for required texts are eligible for 100% reimbursement, and the employee may retain the book(s). D. Procedures 1. An employee who desires to seek tuition reimbursement under the provisions of this Article must complete, in triplicate, a City Education Reimbursement form and submit it to his/her Department Head for advance approval. 2. The Department Head will recommend approval or disapproval, based on job relatedness, and forward the Educational Reimbursement form to the Director of Personnel. 3. The Director of Personnel will recommend approval or disapproval based on availability of budgeted funds for education tuition assistance and forward to the City Administrator for final action. One (1) copy will be returned to the employee; a copy will be returned to the department. It is necessary that the applicant accomplish the procedures so far described in order to ascertain the eligibility of the intended course of instruction for reimbursement under the provisions of this Section prior to the inception of the course. 4. The employee will submit his or her copy of the approved application for reimbursement within 60 calendar days after the completion of the course and final grade has been received. The employee must include official verification of his/her final grade with 16 Mid-Management MOU 1 appropriate receipts for tuition and textbook costs. These will be returned to the employee upon request. Applications not submitted to the Personnel Department within the established time frame following completion of the course become void. 5. Upon receipt of the application and required documentation, the Personnel Department will determine whether the completed course of instruction is compatible with the provisions of Subsections B and C of this Section. If found to be compatible and funding available as described in this section, the Personnel Department will compute the amount of reimbursement, authenticate the application and forward it to the Finance Department with authorization to reimburse the employee the approved amount. 6. All approved reimbursement forms must be returned to Personnel, if the employee/student does not complete course. ARTICLE V LEAVES Section 1 Vacation A. All employees covered by this MOU shall be entitled to paid vacations as follows: Completed Years of Rate of Accrual Equivalent Hours Continuous Service * Per Pay Period Per Year 1 year** 3.333 hours 80 hours 5 years 5.0 hours 120 hours 15 years 6.667 hours 160 hours 20 years 8.33 hours 200 hours * Service year begins on initial date of employment in a full-time regular status. ** No vacation granted or accrued, if service is less than one year. B. The amount of accrual shall not exceed the specified number of hours granted each year. C. Employees shall not be permitted to work in their City position in lieu of taking vacation in order to receive additional compensation. D. Except as provided herein, vacation time shall not accumulate or be allowable or payable beyond the calendar year when due. Vacation credits may be accrued and accumulated 17 Mid-Management MOU up to a maximum of two years total accumulated vacation credits, upon approval of the Department Head. Vacations or portions thereof from a prior year may be taken consecutively with vacations or portions thereof of a succeeding year, subject to the approval of the Department Head. Except as approved by the Department Head, no vacation or portion thereof from a prior year shall run consecutively with the vacation of a succeeding year; and a period of three (3) or more months should normally elapse between the expiration of one (1) year's vacation and the commencement of the next year's vacation. The vacation period to which any employee shall be entitled shall be assigned by the Department Head in the calendar year when due, except with the Department Head, with the approval of the Mayor, determines that an emergency or other valid factors prevent the employee from utilizing his/her vacation during the calendar year when due. Should this occur, the employee's vacation should be rescheduled at the very earliest mutually acceptable date. Vacation requests will not be unreasonably denied. E. Upon termination, payment for earned but unused vacation or deduction for used but unearned vacation shall be made on the basis of the hourly rate of pay being received by the employee on the date of separation. F. When an employee returns to work after a break in "continuous service" as defined in Resolution No. 6433 as amended, and when such break in "continuous service" shall have been by leave of absence with the approval of the Mayor and Common Council, vacation time shall not accrue during a break in "continuous service," but shall accrue monthly from the date of return to service from such approved leave of absence, based upon the total length of service of the employee. G. Whenever the terms "year or years of employment" appear herein, it shall be deemed to include all services for the City of San Bernardino City Board of Water Commissioners, and the San Bernardino Free Public Library Board. Years of employment do not refer to participants in federally-funded temporary programs, e.g., Job Training Partnership Act QTPA). H. The employee shall not lose any vacation time off due to action by the City. I. Vacation credits may be taken off in increments of four (4) hours, with prior Department Head approval, unless Department work rules permit use in lesser increments. Section 2 Holidays A. Pity-Designated Holidays: All full-time employees within the bargaining unit, with the exception of those employees mentioned in the following paragraphs shall be entitled to 11 City-designated holidays, the equivalent of 88 holiday hours, each year. The following 18 Mid-Management MOU days will be holidays for the purpose of this MOU: New Year's Day Martin Luther King Jr. Day Memorial Day Independence Day Labor Day Traditional Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Eve Day Christmas Day New Year's Eve Day Plus 16 hours of Holiday Account time, per year (see Subsection B). All full-time employees within the bargaining unit, with the exception of those employees shown in the following paragraph shall be allowed the above holidays at full pay when such holidays occur within the regularly assigned working periods provided they are in a paid status during any portion of the working day immediately preceding or succeeding the holiday. B. Holiday Account: Effective each January Ist, unit employees will receive 16 hours in their Holiday Account (formerly known as Floating Holidays). Employees may have more than 16 hours accrued in their Holiday Account, but may only carry over a total of 16 hours of holiday time to the next calendar year. Any Holiday Account hours over 16 hours on December 31st of each year, will be lost hours. If a holiday falls on a nine- or ten-hour work day, the employee will be paid eight (8) hours holiday pay. The employee may supplement the holiday with accrued vacation, holiday account time, or no pay. If a holidays falls on a day off, the employee will accrue eight (8) hours of holiday time, which will be placed in the employee's Holiday Account to be used by the employee at a later date. Each Department Head shall consider employees' requests for scheduling the 16 Holiday Account hours, per calendar year, provided however, the final right to allot the hours to be observed is reserved exclusively by the Department Head. The Department Head will not unreasonably withhold permission to take time off. On City-designated holidays, new employees with less than six (6) months of continuous service with the City will receive eight (8) hours of holiday pay and will be able to "draw down" one or two hours from their holiday account, depending upon whether they are 19 Mid-Management MOU working a 9/80 or a 4/10 schedule. They may also elect to take one (1) or two (2) hours of no pay. If new employees elect to "draw down" from the holiday account, the hours used will be deducted from the 16 holiday account hours they receive upon the completion of six (6) months of continuous service. In the event of an eligible employee's failure for any reason to take such holiday account hours during the term of this MOU, the employee shall be paid for his/her holiday account balance upon separation from the City. C. Employees who, due to scheduling, must work on a recognized City holiday, will be compensated on the basis of the number of hours worked on said holiday, excluding lunch/dinner break. The hours accruing to the employee's holiday account for that day shall not exceed eight (8) hours. If a holiday occurs on a normal day off for an employee, the employee shall receive no additional pay. The decision as to whether in-lieu time off or pay is to be received shall be based on the availability of funds and needs of the department, as determined by the Department Head. If in-lieu time off is directed by the Department Head, it may be added to the regular annual vacation period but must be taken within one (1) year of the date said in-lieu time was earned. Employees of the Public Services (Refuse) Division, except clerical employees, and certain designated employees of the City Garage needed to support the Public Services (Refuse)Division operations, shall enjoy all the holidays listed above as they occur except, November 11, the Friday after Thanksgiving Day, and the holidays observed the day before Christmas and the day before New Year's Day. Said employees shall receive an additional day's pay for each such holiday on which they are required to work. If such holidays occur on a normal day off for said employees, they shall receive no additional pay. D. Holidays as listed above shall be allowed on a Monday_ if any such holiday falls on Sunday, and shall be allowed on the preceding Friday, if such holiday falls on a Saturday, j for all employees except those covered by other provisions therein. At the beginning of each calendar year, the City will determine how many of the above holidays fall on a regularly scheduled day off. An employee working on a 9/80 or a 4/10 schedule will accrue the equivalent number of hours of holiday time ("holiday account"), with one (1) holiday equivalent to eight (8) hours. E. Holidays earned in any 12-month period may not be accumulated beyond the total number of holidays allowed each year by this MOU. 20 Mid-Management MOU Sec tion Sick Leave A. Definition: Sick leave means the absence from duty of an employee because of illness or injury, exposure to contagious disease, attendance upon a member of his/her immediate family who is seriously ill and requires the care of or attendance of, an employee, or death in the immediate family of the employee. Immediate family means: husband; wife; grandmother; grandfather; mother; father; sister; brother; son or daughter or mother-in-law; father-in-law; sister-in-law; brother-in-law; son-in-law or daughter-in-law. Sick Leave Usage for ily Members: Not more than 40 hours of sick leave within any calendar year may accrue to an employee for the care of or attendance upon members of their immediate family. Not more than 40 hours of sick leave within any calendar year may be granted to an employee for each absence due to death of a member of his/her immediate family as defined above. Sick Leave Usage for Employees: Upon the department's request, an employee must provide a physician's statement to justify a sick leave of 40 consecutive hours or longer. If the Department Head finds with just cause, that sick leave is being abused, the employee may be required to submit a physician's statement after any absence. No absence due to illness or injury in excess of 40 hours shall be approved, except after the presentation of satisfactory evidence of illness or injury. A certificate from a practicing physician or an authorized practicing chiropractor may be required by the Department or Division Head, and shall be subject to his/her approval concerning such absence. The Mayor and Common Council shall have the power to require that any person claiming the sick leave benefits of this MOU be examined at any reasonable time or intervals by a designated physician, and in the event of an adverse report, to reject such claim for sick leave, in whole or in part, and to terminate sick leave compensation. In the event of the refusal of any person to submit to such examination after notification, the Mayor or Common Council may terminate sick leave compensation 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 the designated physician stating that an employee is physically or psychologically able to perform his/her work and duties satisfactorily before permitting an employee who has been on sick leave to return to work. In order to receive compensation while absent on sick leave, employees shall notify their immediate supervisor or designee prior to, or within 30 minutes of, the time set for beginning their daily duties, or as may be specified in department/division work rules. When absence is for more than one (1) work day, the employee may be required to file a physician's certificate or a personal affidavit with the Director of Personnel stating the cause of the absence. Sick leave with pay shall be granted to all regular employees and to all temporary full-time employees whose positions are funded under federal law who are regularly employed in permanent or federally funded positions if such benefit is required by said federal law. Sick 21 Mid-Management MOU leave shall not be considered as a right which an employee may use at his/her discretion, but shall be allowed only in case of necessity and actual personal sickness or disability, except as otherwise provided herein. Whenever an employee is compensated hereunder for sick leave or injury and has not had a vacation at the end of the current calendar year, he/she shall be allowed to take his/her vacation in the next calendar year, but must take said vacation prior to the time he/she returns to work after his/her illness or injury. Whenever the term "service of the City" appears herein, it shall be deemed to include all service of the City of San Bernardino, the San Bernardino Board of Water Commissioners and the San Bernardino Free Public Library Board. B. All full-time regular employees who have completed the first six (6) calendar months of continuous service with the City shall be granted a sick leave accumulation of 48 hours. After six (6) months or more of continuous service, employees who are compelled to be absent from work on account of illness or injury, other than that which is compensabee under Article V, Section 5, shall be compensated for sick leave, provided that such compensation shall cease upon the exhaustion of all accumulated sick leave. Employees shall not accumulate sick leave while compensated under the provisions of Article V, Section 5. In the event an employee is compensated for less than 50% of the total normal work hours in the pay period, he/she shall accrue no sick leave for such pay period and shall not be credited with the 4.0 hours of sick leave. Whenever the employee uses all allowable sick leave, further absences may be charged against accrued vacation or administrative leave (if eligible), upon approval of the Department Head. If all allowable sick leave has been used, and use of accrued vacation and/or administrative leave is disapproved, the employee will take loss of pay for the time not covered by allowable sick leave. Section 4 Payment for Unused Sick Leave Unused sick leave is payable at any resignation without prejudice (including death and retirement) up to a maximum of 50% of a 1,200-hour cap. Section Injury Leave All regular employees shall be granted industrial accident or illness leave for the first three (3) calendar days of their disability. Effective with the fourth day of necessary absence 22 Mid-Management MOU for such illness, each employee shall be authorized, upon their request, to utilize any balance of their accumulated sick leave credits to augment the amount of temporary disability they received, to the extent the total sum received will result in a payment equal to their normal compensation. The utilization of sick leave for this purpose shall end with the termination of the temporary disability or when the accumulated sick leave credits have been exhausted, whichever occurs first. When employees sustain what they believe to 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. Supervisors will log date and time employees given form on Supervisor's Report of Injury. Employees must return Employees' Claim form to supervisor to begin the process for filing an industrial injury. In the event the employee is unable to prepare the form due to hospitalization, serious illness or injury, the supervisor or a member of the department/division staff shall prepare the required report. The employee has the right to be examined and treated by a physician of his/her choice, within the required time, of the alleged injury or illness, as required by the California Labor Code. The City shall have the right to require the employee be examined by a physician designated by the City, to assist in determining the length of time during which the employee will be unable to perform the assigned duties, and if the disability is attributable to the "injury involved." Should there be a dispute between the physician selected by the employee and the physician selected by the City, a third physician shall be mutually agreed upon between the employee and the City to examine the employee, to assist in making necessary medical determinations. If an employee is receiving disability payments, the person shall be entitled to use only as much sick leave or vacation as, when added to the disability payments, will provide for a full day's pay. Section Leave of Absence Without Pay Leave of absence without pay is a temporary, nonpay status and absence from duty granted at the request of the employee. Leave of absence without pay may be granted by the City Administrator for a period not to exceed six (6) months, upon the positive recommendation of the Department Head. Under justifiable conditions, said leave may be extended by the City Administrator for additional periods. Leave of absence without pay will be considered favorably if it is expected that the employee will return to duty and that at least one (1) of the following 23 Mid-Management MOU benefits will result: increased job ability, protection or improvement of the employee's health, retention of a desirable employee, or furtherance of a program of interest to the City. Examples or conditions for which leave of absence without pay may be granted are: A. For an employee who is a disabled veteran requiring medical treatment. B. For an employee who is temporarily mentally or physically unable to perform his/her duties. C. For an employee who files for or assumes elected office. D. For maternity or paternity leave, upon the recommendation of the attending physician. E. For military leave when the employee has less than one (1) year of service to qualify for leave with pay. An approved leave of absence without pay for less than 60 days in any calendar year will not be considered a break in service. Leave in excess of 60 days shall result in the advancement of the employee's anniversary date and compensation advancement date to such date as will account for the total period of uncompensated time off. Failure to return to duty at the expiration of the approved leave of absence without pay shall constitute an automatic resignation. The City's contribution towards an employee's health and life insurance premiums will not be extended beyond the last day of the month in which a leave of absence without pay begins if the leave of absence without pay becomes effective during the first 15 days of the month, nor beyond the last day of the next succeeding month if the leave of absence without pay becomes effective after the fifteenth day of the month, unless the employee is returned to work from leave of absence without pay status prior to the date of the City's contribution would be discontinued. In the event the employee desires to maintain full health and life insurance coverage while on leave of absence without pay status, he/she may arrange to pay the insurance premiums for the coverage desired (both employee and the employer portions). It is_the responsibility of the employee to contact the Personnel Department in this regard. The payment of the amount of the premiums must be made to the City prior to the date which the City's participation will terminate. Payments must be made directly monthly thereafter to the insurance carrier until the employee either returns to work or his/her employment with the City is terminated. Upon an employee's return to work, the City's contribution towards the employee's health and life insurance premiums will begin on the first day of the month following the end of the leave of absence without pay if that leave of absence without pay terminates between the first and the fifteenth days of the month, or on the first day of the next succeeding month if the leave of absence without pay terminates after the fifteenth day of the month. Notwithstanding any other provision of this section to the contrary, the City will continue 24 Mid-Management MOU its contribution for health and life insurance premiums of an employee on leave of absence due to any injury or illness arising out of and in the course of his/her employment with the City. In circumstances in which either the Federal Family Leave Act or the State Medical and Family Leave Act apply, the City shall adhere to the requirements of the Acts. Section 7 Witness Leave Unit members shall be entitled to witness leave when subpoenaed to testify as a witness in civil litigation involving the City, such subpoena being properly issued by a court, agency, or commission legally empowered to subpoena witnesses. This benefit shall not apply in any case in which the subpoenaed employee is a party to the action, unless the action arose in the course and scope of the employee's employment with the City. Witness leave shall not be charged against any accumulated leave balances and shall be compensated at the employee's base hourly rate. An employee may not be denied leave to appear at a proceeding subject to a lawful subpoena. Section 8 Blood Donations Employees in regular positions who donate blood in the interest of the City without receiving compensation for such donation, may have the required time off with pay with the prior approval of the immediate supervisor for each such donation. This benefit shall not be charged to any accumulated leave; provided, however, if the employee is unable to work after such donation, time may be charged to accumulated sick leave or be taken as leave without pay. Evidence of each donation must be presented to the appointing authority to receive this benefit. Section Catastrophic Leave Upon request of an employee who is experiencing catastrophic illness, and upon approval of the Department Head, leave credits (vacation or floating holidays) may be transferred from one or more employees to the affected employee, under the following conditions: A. Sick leave accruals cannot be transferred among employees. B. The employee with a catastrophic illness or injury has exhausted all other leave accruals and has completed at least one year of continuous service with the City. C. The donation must be in four-hour increments of vacation, compensatory time or 25 Mid-Management MOU floating holidays by employees who have completed at least one year of continuous service with the City. D. Employees may not donate leave they would otherwise forfeit. For example, employees who are separating from City employment may donate leave only up to the amount of the payment they would receive upon separation. E. Donations shall be on a form developed by the Personnel Department, signed by the donating employee, approved by the Department Head, and verified by the Finance Department. Procedures shall be as approved by the City Administrator. F. An appeal will be considered on a separate basis, if denied. ARTICLE VI WORKING CONDITIONS Section 1 Physical Examinations The City shall pay medical fees for the physical examination of any permanent member when such examination is required and directed by the City after employment. The City may arrange with a physician or medical group for such examination; or if the situation warrants, the City may authorize an employee to be examined by a doctor of his/her choice. In the event an employee is authorized to be examined by a doctor of his/her choice, reimbursement shall be made by the City for the cost thereof provided, however, that the amount of the reimbursement shall not exceed the cost the City would have paid to its contract physician or medical group. Physical exams taken by a Middle-Management employee on a voluntary basis are not reimbursable by the City. However, if a Department Head requires a Middle-Management employee to maintain a Class A or Class B driver's license, such license exams as required will be scheduled with the City's contracting physician at no cost to _the Middle-Management employee. Section 2 Seniority Department Heads will consider seniority in authorizing vacations and scheduling shift assignments and transfers. Seniority shall prevail when all the factors are not significantly different. "All factors" is defined as special qualifications, skills, work performance as well as attendance and safety. An employee shall not attain seniority-until the completion of a probationary period. 26 Mid-Management MOU Sec tion Probationary Period Employees in the Middle-Management unit shall have a probationary period of one (1) year. After successfully completing same, the seniority date shall be from the last date of hire within the department, division or section. All employees shall serve twelve (12) months in the step in which they were first hired, before becoming eligible for a step increase to the next step. ARTICLE VII GENERAL PROVISIONS Section 1 Waiver Clause The parties acknowledge that during the meet and confer process which resulted in this MOU each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law, City Charter, Ordinance, Resolution, Personnel and departmental rules and regulations from the scope of negotiable issues and that the understanding arrived at by the parties after the exercise of that right and opportunity are set forth herein. Therefore, the City and the Union for the life of this MOU each voluntarily and without qualification waives the right, each agrees that the other shall not be obligated, to meet and confer with respect to any subject or matter referred to, or covered in this MOU. Section 2 Severability It is understood and agreed that this MOU is subject to all current and future applicable Federal and State Laws and Regulations and the current provisions of the Charter, Ordinances, Resolutions and other rules and regulations of the City of San Bernardino. If any part or provision of this MOU is in conflict or inconsistent with such applicable provisions of those Federal, State or City enactments, or it is otherwise held to be invalid or unenforceable by any court of competent jurisdiction, such part or provisions shall be suspended and superseded by such applicable law or regulations, and the remainder of this MOU shall not be affected thereby. The parties hereto agree to refrain from initiating any action that would invalidate any part of the MOU. ti on Printing of Memorandum of Understanding The City and the Union will share the cost of the printing of the MOU as follows: The 27 Mid-Management MOU Union agrees to pay for the cost of the copies to be distributed to its unit members. Section 4 Term of Memorandum of Understanding This MOU will run for the period starting July 1, 1995, and ending June 30, 1997 If negotiations regarding an MOU are in progress at the time the current MOU expires, or if the parties are at impasse, the current MOU shall remain in effect until a successor MOU is adopted by the Mayor and Common Council. Section Notice of Intent to Reopen The parties agree that, if either party desires to propose changes in the terms or conditions of this MOU for the period following expiration of this MOU, notice shall be given to the other not later than the last working day of February 1997, that such discussions are desired. Such notice shall request a meeting to begin negotiations and establish ground rules which shall include, at a minimum, the date beyond which no further proposals may be submitted by either party. 28 Mid-Management MOU MID-MANAGEMENT EMPLOYEES' MEMORANDUM OF UNDERSTANDING 1995-1997 Executed this day of , 1996. Mayor San Bernardino Public Employees' City of San Bernardino Association (SBPEA) City's Designated Representative ATTEST: City Clerk Approved as to form and legal content: City Attorney 29 i Exhibit 1 • --� C 1 T t O f s •� ` - =` �•� an bernardino C 1 V 1 L 1 1 t T I C 1 O I / I C 1 H. DOUG CHANDLER C N I 1 l 1 i A 9 1 11 1 • lRovember S, 1991 Susan Tarvin - San Bernardino Public Employees Association 433 North Sierra Kay P.O. Box 308 San Bernardino, CA - 92404-0308 Dear Ns. Tarvin: The functions of the Civil Service Board are clearly outlined in the City Charter Sections 246 thru 261 and the current Civil Service-Rules dated January .21, 1983. The Civil Service Rules are still in committee. After they come out of committee, meet and confer .meetings will be bald with all represented groups. Your organization will be notified when ve reach this point. If you have further questions on this matter please call me at (714) 384-5008. S rely, Chief iner Civil ice Board lads 8OC/hic PROF IN PROGRESS Exhibit 2 AUTHORIZATION FOR CHECKOFF FOR UNION DUBS "I hereby authorize the Finance Department of the City or San Bernardino to deduct from my earnings, the regular monthly dues (uniform on dollar amount) , in the amount certified by the San -Bernardino Public Employees' Association (SBPEA) , and further authorize the remittance of such amount(s) to SBPEA in accordance with the currently -effective Agreement between the City and SBPEA. This authorization is revocable by a notice in writing to the Finance Department with a copy to SBPEA as described in the current Agreement." "I hereby waive all right and claim for said monies so deducted and transmitted in accordance with this authorization and, further and separately, relieve the City, any Department of the City; SBPEA and = all their officers, representatives or agents from liability therefor." Print Name Signature Date 1/10/92.CP.XEmBERSHIp 1 EXHIBIT 3 RESOLUTION NO. 95-293 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413 , SECTION ELEVEN, ENTITLED IN PART 11,E 4 RESOLUTION. . .ESTABLISHING A BASIC COMPENSATION PLAN. . . 11 BY S CODIFYING PRIOR COUNCIL ACTIONS (MIDDLE-MANAGEMENT UNIT) . BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. Resolution No 6413 , Section Eleven is amended to read as follows : 8 "SECTION ELEVEN_: Middle-Management Employees: 9 ; 10 SALARY RANGE AND STEPS CLASSIFICATION TITLE j 11 (2308) 2063 2166 2274 2388 2507 Senior Custodian 12 (2310) 2083 2188 2297 2412 2532 C o n s e r v a t i o n C r e�+ Supervisor (U) 13 (2333) 2337 2454 2576 2705 2840 Parking Control Supervisor 14 (2343) 2456 2579 2708 2843 2986 Administrative Operations 15 'Supervisor I 16 (2344) 2468 2592 2721 2858 3000 Community Center Manager I 17 (2345) 2481 2605 2735 2872 3015 Video Production Coordinator 18 (2353) 2582 2711 2846 2989 3138 Custodial Supervisor 19 Business Registration Coordinator (U) 20 (2356) 2621 2752 2889 3034 3185 Telephone Systems 21 Coordinator Telecommunications 22 Technical Coordinator Animal Shelter Operations 23 Manager 24 (2361) 2687 2821 2962 3110 3266 Staff Analyst III Community Center Manager II 25 Community Service Cente� Manager 26 27 28 I Page 1 of 5 1 AMENDMENT TO RESOLUTION 6413 , SECTION ELEVEN, CODIFYING PRIOR 2 COUNCIL ACTION. (2362 ) 2700 2835 2977 3126 3282 Dispatcher Supervisor 3 Maintenance Carpenter Supervisor 4 Community Service 5 Representative III 6 (2364) 2727 2864 3007 3157 3315 Print Shop Supervisor (2365) 2741 2878 3022 3173 3332 Warehouse Supervisor (2369) 2796 2936 3083 3237 3399 Energy Management $ Coordinator 9 (2374) 2867 3010 3161 3319 3485 Recreation Supervisor Special Olympics 10 Coordinator 11 (2382) 2984 3133 3289 3454 3627 Sanitation Route Supervisor 12 (2387) 3059 3212 3372 3541 3718 Occupational Health Nurse 13 (2389) 3090 3244 3406 3577 3755 Maintenance Supervisor 14 (2390) 3105 3260 3423 3594 3774 Park Maintenance Supervisor Police Records Manager 15 Survey Party Chief 16 (2393) 3152 3309 3475 3649 3831 Real Property Official 17 (2396) 3199 3359 3527 3704 3889 Police Communications 18 Operations Supervisor 19 (2397) 3215 3376 3545 3722 3908 Recycling Coordinator 20 (2400) 3264 3427 3598 3778 3967 Arborist 21 (2401) 3280 3444 3616 3797 3987 Fire Equipment Shop Supervisor 22 (2402) 3296 3461 3634 3816 4007 Safety Officer 23 (2403) 3313 3479 3653 3835 4027 Equipment Mechanic Supervisor 24 Sanitation Route Manager Fleet Operations ; 25 Coordinator 26 (2404) 3330 3496 3671 3854 4047 Senior Plan Checker 27 28 Page 2 of 5 I i I i 1 AMENDMENT TO RESOLUTION 6413 , SECTION ELEVEN, CODIFYING 2 COUNCIL ACTION. PRIpR 3 (2406) 3363 3531 3708 3893 4088 Center For Individuals With Disabilities Manager 4 Senior Recreation Supervisor 5 (2410) 3431 3602 3782 3971 4170 Electrical & HVAC 6 Supervisor Project Coordinator (Crime- 7 Free/Rental Housing) 8 (2412) 3465 3638 3820 4011 4212 Senior Fire Prevention Officer 9 (2420) 3606 3786 3976 4175 4383 Code'Compliance Supervisor 10 (2425) 3697 3882 4076 4280 4494 Traffic Signal & Lighting 11 Supervisor 12 (2426) 3716 3901 4097 4301 4516 Construction Engineer 13 (2429) 3772 3960 4158 4366 4584 Engineering Associate (Civil Engineering 14 Division) 15 (2430) 3791 3980 4179 4388 4607 Senior Planner 16 (2435) 3886 4081 4285 4499 4724 Associate Traffic Engineer 17 (243 7) 3925 4121 4328 4544 4771 Worker's Compensation Supervisor 18 (2440) 3984 4184 4393 4612 4843 Inspection Services 19 Supervisor (Rental 20 Housing) 21 22 23 24 25 26 27 28 Page 3 of 5 1 2 AMENDMENT TO RESOLUTION 6413, SECTION ELEVEN, CODIFYING PRIOi COUNCIL ACTION. 3 I HEREBY CERTIFY that the foregoing resolution was dul•. 4 adopted by the Mayor and Common Council of the City of San . 5 Bernardino at a regular meeting thereof, held on the 21st 6 day of August 1995, by the following vote to wit 7 8 Council Members: AYES NAYS 'ABSTAIN p,BSE2,r NEGRETE x 9 10 CURLIN x 11 HERNANDEZ x 12 OBERHELMAN x I DEVLIN x 13 POPE-LUDLAM x 14 MILLER x 15 16 17 v/ City Clerk 18 19 / 20 21 22 23 24 25 i 26 ; 27 28 Page 4 of 5 s 1 2 AMENDMENT TO RESOLUTION 6413 , SECTION ELEVEN, CODIFYING PRIOR COUNCIL ACTION. 3 The foregoing resolution is hereby approved this 23 4 day of August , 1995 . 5 6 U om Minor, Mayor 7 City of San Bernardino 8 9 Approved as to form and legal content: j 10 James F. Penman j City Attorney 11 12 By: 13 PD* 4 3-MM 14 15 16 17 18 19 ` 20 21 22 i i 23 24 I 25 26 I 27 ; 28 Page 5 of 5