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HomeMy WebLinkAboutResolution 2004-197 N.C.S. 10/18/2004 Res®luti®n IVo.2004-197~.C.S. of the City of Petaluma, California RATIFYING MEMORANDUM OF UNDERSTANDING EXECUTED BY THE DULY AUTIEIORIZEI) REPRESENTATIVES OF THE CITY AND THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES (AFSCME), LOCAL 675, FOR EMPLOYEES OF UNIT 1 (CONFIDENTIAL), UNIT 2 (MAINTENANCE), AND UNIT 3 (CLERICAL/TECHNICAL) WHEREAS, the City, through its duly authorized representatives, and the American Federation of State, County, and Municipal Employees (AFSCME), Local 675, through its duly authorized representatives, have concluded their mutual obligation to meet and confer in good faith with respect to terms and conditions of employment for the employees in Units 1, 2, and 3, in accordance with the Meyers-Milias-Brown Act and the City's Employer-Employee Relations, Rules, and Regulations (Resolution No. 5.512 N.C.S.); and,.. WHEREAS, the duly authorized representatives of the City and the American Federation of State, County, and Municipal Employees (AFSCME), Loca1675, have executed a Memorandum of Understanding pursuant to Section 15, Resolution No. 5512 N.C.S. and recommend its approval by the City Council; and, WHEREAS, the City Manager, pursuant to Section 28, City of Petaluma City Charter, and as the City's Municipal Employees' Relations Officer (Resolution No. 5375 N.C.S.) is required and empowered to make a recommendation to the City Council on matters related to employees' compensation; and, WHEREAS, the City Manager has reviewed and concurs with said Memorandum of Understanding for Units 1, 2, and 3 and does recommend that the City Council ratify said Memorandum of Understanding. Resolution No. 2004-197 N.C.S. NOW, THEREFORE, BE IT RESOLVED that the Memorandum of Understanding, . being in the best interests of the City, is ratified and the terms and conditions of said Memorandum of Understanding (as attached) shall be effective July 1, 2004 through June 30, 2005, with salary adjustments effective July 5, 2004. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: 1 hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting form on the .........18.`h........... day of .......Q~T.ObeX 20Q4., by the following vote: • ity Attorney AYES: Mayor Glass, Harris, Healy, O'Brien, Thompson, Torliatt NOES: Vice Mayor Moynihan ABSENT: No . ATTEST: r'....... City Jerk ayor Council File Res. No.......2004-.1.9.Z.........N.C.S. ATTACHMENT A Unit 1 (Confidential), Unit 2~ (1Vlaintenarice), Unit 3 (Clerical/Technical) Memorandum of Understanding Between AFSCME and. The City of Petaluma Thies Memorandum of Understanding is entered into pursuant to the provisions of the Meyers-1Vlillias=Brown Act, Section 3500 et seq of the Government Code of the State of California. The parties have met .and .conferred in good faith regarding wages, hours and other terms. and conditions of employment .for the employees in said representation units, and have freely exchanged information, opinions, and proposals and have reached agreement on all matters relating to the employment conditions and employer-employee relations of such employees. This Memorandum of Understanding shall be presented. to the City Council of the City of Petaluma as the joint recommendations of-the undersigned:parties for salary and employee benefit adjustments for the period July .1, 2004 and ending June, 30; 2005 with salary adjustments effective July 5, 2004. TERM OF AGREEMENT . .This Memorandum of Understanding (MOU) shall be effective for a one (1) year term, fiscal year commencing July 1, 2004 and ending June 30, 2005. with salary adjushnent effective July 5, 2004. SALARY The City, agrees. to a general wage -increase. of three percent (3%) retroactive to the first pay period of fiscal year 2004-2005: (Payperiod beginning on July 5, 2004) DISCRIMINATION, HARASSMENT & RETALIATION PROHIBITED The City nserts'the following revised language to update the policy statement. ' Discrimination, harassment. and retaliation against any employee because of an employee's race, religion, creed, political aff'liation, color, national origin, ancestry, sex, .sexual orientation, ' gender (or gender. identity), age., familial status, veteran's status, physical or mental disability or medical- condition is prohibited,,, A City employee who feels he or she has been discriminated . against, harassed, or retaliated against needs to report tlae conduct immediately to his or her supervisor or to the Human Resources Director. Resolution 2004-197 N.C.S: Page 3 REASONABLE ACCOMMODATION The City inserts the' `following revised language to update the policy statement. In accordance with. the California Fair Employment. and House Act (FEHA) and the Americans with Disability Act (ADA), the City will reasonably accommodate any known protected disability of an employee. Ca1PERS RETIREMENT CONTRI$UTION The City inserts the following language to update the Ca1PERS Retirement. Contribution. language. For the purpose of withholding, the. City shall defer the portion of the employee's contribution paid to Ca1PERS through Section 414(h)(2) of the Internal Revenue -Code. MEDICAL/DENTAL .INSURANCE The City agrees to continue to fund the health care, benefit up to a maximum of $ 896.09 ;per month through December,31, 2Q04. On January 1; 2005, the City will provide a maximum health .care benefit of $1.,024.19 per month The City shall provide. the following amounts to active members of this Unit a maximum monthly insurance eontrbution.for medical and dental coverage. Those employees .eligible for: Employee + 2+ $ 896.09 per month Employee + 1 $ 712.84 per month . Employee $ 407.42 per month Effective January 1, 2005 the City shall provide the following amounts: Employee + 2+ $ 1,024.19-per month Employee + 1 $ 811.3 8' per month Employee $ 456.69 per month The City 'participates iri the California .Public Employees Medical .Health Care Act (PEMHCA) for members of this Unit. The City contributes in the amount of $100.0.0 per month per employee. This $100:00 contribution is included in the insurance contributions cited above. MEDICAL/DENTAL CASH BACK Amounts adjusted to reflect the view medical insurance rates. Coverage Level 1Vledieal' Premium Amount 50% Cash Back Amount Employee ~ $305.42 $152.71 Employee + dependent $610.84 $305.42 Resolution 2004-197 N.C.S. Page 4 Employee + 2 or more dependents. $794:Q9 $397:05 Effective.January 1, 2005 the following are the rates: used to determine medical cash back: Covera eg Level., Medical Premium Amount 50% Cash Back Amount Employee .$354.69 $177.35 Employee + dependent $70.9.38 $354.69 Employee + 2 or more dependents $922.19 $461.10 BILINGUAL PAY The City inserts the following language to revise bilingual pay: A qualified employee; who demonstrates Spanish bilingual proficiency at an acceptable proficiency level as determined by the Human Resources Director, shall be eligible for' Spanish Bilingual Pay in the amount of $200.00 per month. To qualify, an employee must be tested and • certified as proficient at an acceptable proficiency level 'as determined and certified by the Human Resources Director and in accordance with the City's Administrative Policy on Bilingual Proficiency Testing. . - WORK BOOTS The City revises the reimbursement language to provide for work boot replacement. ' The City shall pay the cost of all. work boots. up to $150.00. per fiscal year. Replacement of work boots shall be on an as-needed. basis with approval of the Department Director. Receipts for work boot reimbursement shall be submitted to the Human Resources office for processing. TRANSFER OF SICK LEAVE The City agrees to clarify sections B and C of the sick leave transfer policy. A. Transfer amounts .may shall be limited to the number of actual hours needed and used by the recipient. B . Any donated sick leave hours unused by a recipient shall be returned to the donor. BEREAVEMENT LEAVE The City agrees to increase bereavement leave. , An employee shall be granted up to thirty-two. (32) hours of bereavement leave in the event of death in the employee's immediate .family. For the purpose of bereavement leave, immediate Resolution 2004-197 N.C.S. Page 5 family shall mean .spouse, qualified domesfic partner, father, father-in-law, mother, mother-in- law; brother; brother-in=law, sister, sister-in-law; child (including stepchildren), stepparents, . ~ grandparents and grandchildren or person .with. whom fhe employee has a relationship in loco ' parentis. Up to an additional eight (8) hours of accrued. sick leave may be granted to supplement bereavement;,leave. In the event an employee must travel more than 300. miles to attend a funeral or memorial service, an additional eight (8) hours of bereavement leave shall be granted instead of the use of eight (8) hours~ofsick leave: FAMILY MEDICAL LEAVE ACT The City inserts the following revised language to update the policy statement. ' The City will provide `.family .and .medical care leave for eligible employees as required by City . policy, state and federal law and as specifically provided in the Federal Family and Medical Leave Act of 1'993 (FMLA) and the California Family Rights Act of 1993 (CRFA). If possible, employees must provide thirty (30) days advance notice of leave. PREGNANCY DISABILITY The City inserts the following. revised language to update the policy statement. The Cit will. rovide re Wane disabilit leave for eli ible em to ees as re uired b Ci Y P' P g Y Y g p Y n Y tY policy and state law and as. specifically provided in the- Fair, Employment and Housing Act and the California Family Rights Act of 19.93. If possible, employees must provide thirty (30) days advance notice of leave. PERSONNEL FILES The City agrees to revise the language regarding employee review of Personnel Files. Personnel File -Employee Review An employee (or employee representative with. written authorization from the employee) shah have the right. to inspect and review his or her employee personnel file. The employee's personnel .file shall be made available to the employee for inspection and review at a mutually agreeable time between the employee and Human Resource office staff member. Personnel File -Rev-iew of Adverse Comments Before Entr-y In No employee shall have any comment adverse to the employee's interest entered in the employee's personnel. file which may be used for disciplinary action without the. employee having. first read and, sigried, or initialed the document containing the adverse comment. Except that entry may be made if after reading the comment, the employee refuses to .sign or initial the document. Should an employee refuse to sign or initial the document, that fact shall be noted on the document. and signed or initialed by the supervisor. The employee may write a response to the document containing the adverse comments for placement in the personnel file. Resolution 2004-197 N.C.S. Page 6 Units 1 & 3 Only -COMPENSATION FOR. CLOTHING The City revised language and benefit: . Reimbursement -Loss of Damaged Clothing City employees may request reimbursement for, the ;loss or damage of .his or her clothing that. results from work activities. Requests for .reimbursement shall be submitted to the Department Director for review and approval. Amounts of reimbursement. are at the discretion of the bepartrrient Director.. ' Unit 2 Only -STAND. BY The. City revised language and benefit. . When. an employee is assigned stand by, the employee must be ready to respond as soon as possible, be reachable.by telephone or pager, be able to report to work in a reasonable amount of - time, and refrain from activities which might impair his/her ability to perform assigned duties. Standby assignments shall be rotated as equitably as .possible among employees with consideration given; for the qualification and ability of an employee to perform the work. Where possible,. standby assignments shall be distributed on a voluntary basis to qualified.. employees. , An employee shall be required to be on ~ standby assignment when it is determined by the City that such assignrrient is essential to the continuing efficient operation of ~ the City or in an emergency. An employee assigned standby shall. be compensated at the rate of 18% per hour of his or her regular hourly rate for every`hotir'the employee actually stands by. Unit 2 Only -PREMIUM PAY . The City agrees to premium pay. Arborist Duties When asked to perform arborist duties having .to do with the tree removal permit process; side - walk repair and replacement, development plan review, tree issues or evaluations related ~to development, Heritage Tree .Ordinance issues and evaluation, tree planting and pruning projects - including planning,. design, specifications; implementation, .supervision and inspection an employee shall: receive Arborist Premium Pay Differential of one and one-half times regular base pay for. all time performing- such work. An employee must possess an International Society of Arboriculture (ISA) Arborist Certification to perform aborst duties. City retains the right to consult with an outside consultation service. Heating Ventilation/Air Conditioning/Refrigerant . When asked to' perform duties: involving work on the Heating Ventilation/Air Conditioning ' (HVAC) systems beyond maintenance such. as compressor replacement, electrical controls, pneumatic systems or duties of repair .and replace and when'asked to perform duties involving Resolution 2004-197 N.C.S. Page 7 the handling of refrigerants. including the purchasing, handling or recycling an employee shall receive HVAC7Refrigerant Premium Pay Differential' of one and one-half time regular base pay for all time perform such work. An employee must posses a HVAC, C-10 California Contractors License and Refrigerant Recovery Certificate. City retains the right to contract out fon,services. _l Animal. Control Officer Field Training When designated by the Animal Services Manager to perform Animal Control Officer `Field Training for an .assigned newly hired Animal Control Officer the approved Animal Control Officer shall receive 5% above his/her regular base pay. Field training is only those duites directly related to the training of a-newly hired Animal Control Officer. Premium Pay.Differential-_.DMV Test Examiner When asked to perform duties involving., work on the City of Petaluma's Department of Motor Vehicle Employer Test Program such as inspections, testing,, training, preparing DMV forms, responding to the DMV audit an employee shall receive .DMV Test Examiner Premium Pay Differential of one and one-half time regular pay .for all `dine performing such work. An employee must posses a State of California Department of Motor Vehicles Employer Testing Program Training Certificate .and be able to official perform duties of a DMV Test Examiner City retains the right to use the DMV for such services. Unit 2 Only - RETIREMENT:PLAN The City agrees to insert the following language to further define Ca1PERS Retirement Plan options. .Options ® Third Level - 1959 Survivor's Benefit a~rovided in Section 21382.5 (May 4, 1998). Military Service Credit as provide in Section 20930:3 (January 4, 1996).. • One-Year Final Compensation as provided .Section 20024.2 (November 1, 1981). • Credit for Unused Sick'Leave as provided in Section 20862.80 (November 1; 1981). • Cost of Living Allowance 2% a provided by Section 21335 (November 1, 1981) . Resolution 2004-197 N.C.S. Page 8 This document represents the final and complete Agreement resulting from the Meet: and Confer sessions with the American. Federation of State, County and Municipal Employees, AFSCME LOCAL 675, for Employees of Unit 1 (Confidential), Unit 2 - (Maintenance), and Unit 3 (Clerical/Technical). Representatives of the City and Unit 1, Unit 2, and-Unit 3 acknowledge that they have fulfilled their mutual respective obligatioris to Meet and Corifer`under the Meyers-Milias-Brown Act. As a result; the parties have come to a mutual understanding, which the representatives of the City of Petaluma and Unit 1, Unit 2, and Unit 3; who have the approval of their members, agree to recommend for acceptance and approval. to the City Council of the City. The parties affix their signatures as constituting mutual acceptance and recommendation of this Memorandum of Understanding to become effective 7uly 1,.2004 upon acceptance and approval of the City Council. For the Union • X017/© ~ enny cBride, Business Agent Date AFS E ~ r~~ ~ Bea Melville, Negotiation. Committee, Unit 1 Date AFSCME - ~ ' ~-~-o Dave eorsey, egotiahon o , Unit l Date . AFSCME ~ ~ /0 -G~ Gabriel Lanuss , eg tiation Committee, Unit 2 Date • l0 7-d Gary She. n, Negotiation Committee,. Unit 2 Date CM rbara Spataro; Ne otiation Committee, Unit 3 Date AFSC E ID~Z~~O~ J e Thomson, Negotiation Committee, Unit 3 'Date AFSCME • For the. City Pamala Robbins, Interim Human'Resources Manager .Date Resolution 2004-.197 N.C.S. Page .9