HomeMy WebLinkAboutResolution 99-181 N.C.S. 09/07/1999 1 Resolution 1Vo. 99-181. ~.~.IS,
2 of the City of Petaluma, California
3
4
5
6 RESOLUTION APPROVING SALARY AND SUPPLEMENTAL WAGE BENEFITS
7 FOR EMPLOYEES IN UNIT 9 (MIDMANAGEMENT)
8
9
10 WHEREAS, the employees in Unit 9 are not represented by any recognized
11 employee organization; and,
12
13 WHEREAS,. the City Manager, pursuant. to Section 28, City of Petaluma City
14 Charter, is required and empowered top make a recommendation to the City Council on
15 matters related to employee's compensation; and
16
17 WHEREAS, the City Manager has recommended that employees in Unit 9
18 receive salary and supplemental wage benefits,
19
20 NOW, THEREFORE, BE IT RESOLVED that the supplemental wage and
21 benefits as specified in the attachment for employees in this Unit, being in the best
22 interest of the City, be approved and shall become effective July 12, 1999 through June
23 30, 2002. -
24
25
26
27
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) (~dlfElf&~X6 meeting
on the .7tlz day of ....5~~:~~IJ(ll~~S.-..-................-........., 19..~.~., by the
following vote:
City ttorney
AYES: Healy, Torliatt, Cader-Thompson, Hamilton, Vice Mayor Keller
NOES: None
ABSENT: Maguire, Mayor Thompson ,
ATTEST: - - - - - -
City Clerk ~ Ma or Y I Maya r
C~1 IU-H5 Rcs. Nn . N.C.S.
TABLE OF CONTENTS
GENERAL
Section 1. Term of Agreement
COMPENSATION
Section 2. Salary
Section 3. Retirement Contributions
Section 4. Overtime
Section 5. Out. of Classification Work
Section 6. Compensation For Clothing
Section 7. Vacation, ;Payment At Termination
Section 8. ~ Sick Leave, Payment. Of
Section 9. Deferred Compensation
Section 10. Retiree Benefit Payment
Section 11. Payment of Unused Administrative Leave
Section 12. Bilingual Pay-Spanish
INSi1RANCE
Sectionl3. Health Insurance
Section 14. Dental Insurance
Section 15. Life Insurance
.Section 16. Disability ,Insurance
Section 17. Vision Insurance
..Section 1:8. Health/Dental Care Cash Back
LEAVE
Section 19. Vacation..
Section 20. Sick Leave
Section 21. Bereavement Leave
Section 22. Holidays
Section 23. Military Leave
Section 24. Leave Of Absence Without Pay
Section 25. Administrative Leave
Section 26. .Jury Leave
Section 27. Fanuly Medical Leave Act .
OTHER
SC1-90761.1
2.
Section 28. Retirement
Section 29. Health And Safety
Section 30. Grievance Procedure
Section 31. Discipline Procedure
Section 32. Personnel Files
Section 33. Probation
Section 34. Layoff and Recall
Section 35. Alternate Work Weeks
Section 36. Transfers and Promotions
Section 37. Performance Evaluations
' SC1-90761.1
3
GENERAL
Section 1. Term of Agreement
This MOU shall be effective for a three (3) year term for the fiscal year -
commencing July 12, 1999 and ending June 30; 2002.
SC1-90761.1
4
COMPENSATION
Section 2. Salary
2.1 Cost of Living and Equity Adjustments.
The salaries listed iri Attachment A shall be effective July 12, 1999. At the
beginning of the first, full pay period in July of each year following, duringthe term of
this Memorandum of Understanding, a Cost of Living Adjustment of 3.5% and the
following Equity Adjustments for each'listed classification will be implemented.
2.2 Equity Adjustments.
Accounting Office- Supervisor 4.4%
Chief Building Official 4.6%
Controller 5.4%
Housing. Administrator 3.2%
Information Systems Administrator 3:2%
Legal Secretary 3.5%
Parks Maintenance Supervisor 1.9%
Principal Planner 3.2%
Public Works Supervisor 1.9%
Recreation Supervisor 5:9%
Secretary to City Manager 3:5%
Senior Accountant 3.2%
Senior Planner 3.2%
Supervising Civil Engineer 7.3%
Traffic Engineer '7,3%
Utility Engineer 7.3%
Water System Supervisor 1.9%
SC1-90761.1
5
Section 3. Retirement Contributions
The percentage of each employee's PERS contribution previously paid by the City
pursuant to the Compensation Plan as the. Employer Payment of Member Contribution
(EPMG) shall instead be paid to the employee who shall then pay that amount fo PERS.
For purposes of withholding,. the City shall defer that portion of the employee's -
contrihution paid to PERS' through Section 414(h)(2) of the Internal Revenue Code
pursuant to City of Petaluma Resolution 90-363. Therefore, for calculation of base .salary
at retirement, the employee shall now have anincreased base;salary'that will.include the
total amount of the employee's contribution to PERS previouslypaid as EPMC. The
employee's contribution will be withheld from the employee's pay by`the City, and the
City will make the employee's payment of the employee contribution directly to PERS on
behalf of the employee. The employee may not make an election to take this:amount in
salary and/or to make the payment to PERS. The tax exemption does not apply fo
FICA/soeal security.. The followmg'is an example of the application of.IRC 414(h)(2) as
applied to miscellaneous employee.
An employee makes $'1;000 per'month base salary. Underthe prior egntract the
employee was not responsible for paying; 7% of the required 7% employee contribution:.
The City was responsible for paying 7% ($70.00), which was a City responsibility that
was in addition to the $1.,000 base salary. -
Under the 414(h)(2) method, the EPMC will revert to salary and the employee's _
base salary will now be $1,070. Of this,, 7% (approximately $75.00) will be paid. to PERS
from the $1,070. ~ The full 7% will be aax exempt and .this means'. the employee-will;pay
taxes on $995.00.
SC1-9076L.1
6
Section 4. ®vertime
Members of this Association who are-required.to work when called. to an activated EOC
Local Emergency shall be paid at their regular hourly rate for all hours beyond their
normal work day.
' SCl-90761.1
7
Section 5. Out of Classification Work
51 General.
Unit members who are:asked to perform out-of--class work are eligible.for out-of--class
pay when the following conditions are met:
A. The membermust.have been assigned the work by either the 'employee's
Supervising Manager or Department Head..
B. If the member thinks the;assignment is "out-of -class", it is the
responsibility of the member to inform the person assigning the duty prior to engaging in
the assignment..
C: Ifthe member and;; person assigning the work disagree that-the work
should be compensated as "out-of-class", the rnernber shall initiate the. work assigned and
may resolve the issue through the .grievance procedure.
5.2 Rate of Compensation.
. Members performing. out-of-class. work" hall be compensated at an .additional five
(S%) percent on anhour-per-hour basis when such work is being .performed.
5.3 Responsibility of the Member.
It is the responsibility of the member to inform the person assigning. out-of--class
work when such work is finished.
SC1-90761.1
a
'Secti'on 6. Comuensation for Clothing
6.1 General. The City Manager is authorized to provide compensation to City
employees for loss or damage to their: clothing which occurs during the course of carrying
out an .official duty. A request for compensation hereunder shall be submitted in writing,
in detail, to the City Manager via-the department head concerned. -The amount of
compensation, if any, shall be at the discretion of the City Manager.
6.2 Work Boots. The City shall pay the cost of safety work boots, when
required, up to $130.00 per Fiscal Year upon receipt being provided to the Personnel
Office. Each employee covered by this section upon completion of his/her initial
probationary period will be credited the above amount and may draw down through the
submittal of invoices to the City.
SC1-90761.1
9
Section 7, Vacation. Payment at Termination
A. Employees who leave City employment shall be paid in a lump sum for all
accrued vacation leave earned prior to the effective date of termination not to exceed
three years accumulation. .
B. Vacation Bank Hours,. Payment of
All vacation-hours currently banked; shall be held in the Human Resources Department.
These amounts shall be paid to the employee in the: amount of -l0% of the banked hours
per year over a ten year period at the base rate, of .pay at the time of payment. Employees
leaving City service shall be paid the :balance. remaining at separation. This payment shall
be made in the month of October or November. '
SC1-90761.1
1
Section 8. Sick Leave, Payment of
In the event of the death or retirement of an employee who has completed ten. (1.0)
or more years of continuous service with the City, the employee shall be paid or shall
receive to his/her benefit fifty percent (50%) of his accumulated but unused sick leave not
to exceed 480 hours. The employee may elect not to receive this benefit and instead
place all sick leave hours into the PERS sick leave conversion benefit.
SC1-90761.1
1 1
Section 9. Deferred Compensation
The City of Petaluma shall. make available to the members of`this unit the City's
Deferred Compensation Plan.
SC1-90761.1
12
Section 10. Retiree Benefit Payment
10.1 RETIRED Employees. An employee with twenty (20) years of service and
who is age. 50 or older and who retu~es on a service retirement during the term of this
agreement, will be eligible for $95.00 per month beginning on the retirement date. The
payment will decrease in the amount of $5.00 per year to $0.00 after 20 years if the
retired employee continues in the PEMCHA plan as a retiree. Should the retired
employee not continue in the PEMCHA plan, he/she will be eligible for the full $100.00.
Tt is the responsibility of the retiree to notify the City in writing that he/she is not being
covered by the PEMCHA plan and the City will commence payment of the $100.00 at the
beginning of the month.following the receipt of written notice by the retiree.
10.2. For employees retiring after September 1, 1997 and who meet the service
requirements listed in paragraph 1 above, those employees shall receive an additional $20
per month as a retiree service benefit. Should the retired employee not continue in the
PEMCHA plan, that retired employee will be eligible for an amount of $120 as a direct
payment as a retiree service benefit. It is the responsibility of the retiree to notify the City
in writing that he/she is not. being covered by the PEMCHA plan and the City will
commence payment of the $120.00 at the beginning of the month following the receipt of
written notice by the retiree.
SC1-90761.1
13
Section 11. Payment for Unused Administrative Leave
The City shall pay off any unused Administrative Leave as of June 3'0~' to a
.maximum of 40 hours. Payment shall be at the employee's base pay rate as of June
30th. This'payrrient shall be made on last pay period .for that Fiscal Year.
SC1-90761.1
14
Section 12. Bilingual Pay~panish
Effective January 1, 2000, qualified represented members will be eligible for bilingual
pay at $130 per month. To qualify, employees must be tested for fluency at a high skill
level proficiency rate: Testing procedures and skill levels of proficiency shall be
determined by the Personnel Director and the Santa Rosa Junior College. Testing will
consist of the following elements:
Narrative/descriptive; summarize/paraphrase; discuss abstractions; repair speech;
pronunciation; vocabulary; a variety of communicative tasks /strategies and syntax.
Re-qualification will be required every five years. The City will offer a retest one time
per year and provide a 60-day notice prior to the testing date. Those wishing to be re-
tested must apply no later than 30 days prior to the testing date.
SC1-90761.1
15
INSURANCE
Section 13. Health Insurance
13.1 .ACTIVE Employees. The City shall participate in the: Public.Emplgyees'
Medical Health Care Act (PEMCHA) for members of Unit 4 (Professional). The
premium paid by the City toward this program shall be in the amount of $:100.00 per
monthper employee.
13.2. Other Health and Welfare Payments.,. The. City shall provide to the active
members. of Unit 4 additional monthly health and welfare payments equal the PEMCHA,
Health Plan of the Redwoods;premium amount less $:100.00. .
SC1-90761.1
1.6
Section 14. Dental Insurance
The: City shall provide for a group Delta Dental Insurance Program for City
employee and dependents. in this Unit. Additionally, the City shall contribute toward an '
Orthodontist plan $1,000 per child at a 50% co-payment rate. The City shall pay, during
the period of this Compensation .Plan the full cost toward the City, group dental.program.
SC1-90761.1
1 7
Section 15. Fife insurance
15.1 The City shall provide for a group term life insurance.program for City
employees ,in this Unit. The :City shall pay, during: the course of the Gomperisation Plan,
the insurance- cost towards employee only coverage for such insurance in the principle
.sum of $50,000 per employee effective January 1, 2000.
15.2 Management Life. Insurance shall be in the amount of one and one-half
(1-1/2) times their annual salary rounded to,the nearest even dollar, i.e., $12,000,
$1 x;000; etc. not to exceed $ T25;000.
SC1-90761.1
18
Section 16. Disability Insurance
16.1 Short-Term Disability Insurance.
The ..City agrees that employees in this unit. may, on a purely voluntary basis and at
their own expense, participate in AFLAC's short-term disability insurance, as long as the
number of employees electing to participate in the program meets the minimum
participation standards set by the carrier.
16.2 Long-Term Disability Insurance.
The City shall provide for along-term disability plan, with the premium to be paid
for by the City.
SC1-90761.1
19
Section 17. Vision Insurance
The City shall.provide a Vsion.Plan for employees-and dependents. The cost
shall be paid for by the City.
sci-9o~6i.i
20
Section 18: Health/Dental Care Cash Back ?
An eligible employee may request cancellation of the employee's City paid medical
and/or dental insurance coverage under Section 125 of the IRS Tax Codes upon
presentation to the City of satisfactory proof that he/she has .medical andlor dental
insurance coverage from another source.. Such a request maybe made during the open
enrollment for PENICHA medical elections but will be, in all eases, subject to the terms
and conditions and cancellation requirements of the particular plan.
When the employee has demonstrated such coverage to the City's satisfaction, the City
will request cancellation of the :employee's medical and/or dental coverage, subject to the
terms and conditions of the particular policy. Upon actual cancellation of the employee's
medical coverage,. and commencing on the date of cancellation of such policy, the City
will instead pay to the eligible employee, on a~monthly basis, an amount equal to 50% of
the "equivalent monthly cost", as defined herein, of insurance coverage of said employee.
In determining the "equivalent monthly cost" of such coverage, the City shall calculate
the monthly premium amount which would be paid by the City on the employee's behalf
under the Health Plan of the Redwoods: plan, based on the' employee's coverage level (e.g.
self, self plus' spouse, self plus spouse plus children) at the time of such cancellation.
However, if the actual monthly cost of .the employee's.currentglan coverage is less than
the monthly HPR cost, then. the lower figure, shall be used. In the event coverage is
canceled only for the employee's spouse or dependent children, the reimbursement will be
50% of the cost difference between the old and new levels of coverage (as calculated
using the HPR plan).
Upon such cancellation ofthe employee's dental coverage, the City will instead pay to the
eligible .employee, on a monthly basis, an amount equal to 50% of the City's internally
generated estimated monthly cost of.the self,funded.dental costs.
Any employee canceling coverage will be required to meet all rules and conditions of the
particular plan, including, but not limited to, all rules and conditions governing
administration, cancellation, and re-enrollment eligibility by requesting a cash payment
pursuant to this section, such employee understands -and. agrees as a condition of receipt
of this payment, thatxe-enrollment eligibility into any plan is not guaranteed.
SC1-90761.1
21
I,1~JAVE
Section 19: Vacation
19.1 Accrual. All regular:employees ofthe City of Petaluma, after working one
full year are entitled to the•equivalent of eighty (80) hours of vacation with,pay in the year
following the year in which vacation is earned.
All regular.employees of the City of Petaluma, after five (5) years, of continuous
service with the City, and beginning with the ixth year, shall be entitled to the equivalent
of one .hundred twenty (120) hours of vacation per year. After ten (10) ,years of
continuous service with the City, eight (8) hours ofwacaton;shall be added for each year
of continuous service to a maximum of two hundred (200) hours of vacation.
Vacation time shall not be accumulated: in excess of three years.
19.2• 'Scheduling.: `The times during a calendar year in which an employee may
take his/her vacation shall be determined by the department head with due respect for the
wishes of'the employee and particular regard for the~needs of the service. If the -
requirements of the: service are such that an employee cannot take part. or ali of his annual
vacation in a particular calendar year, such vacation shall be -taken during the. following
calendar year.
19.3 Deferral. Any eligible employee with the consent ofthe head of his/her
department and the Personnel Office may defer his/,lier annual vacation to the succeeding
calendar year-subject to other provisions of this rule. A written report of each deferred
vacation signed'by the appropriate :department Bead and the Personnel Officer noting the
details shall be ;kept on file with the Personnel Office. In .the event one' or more municipal
`holidays fa1T within an annual vacafion'leave, such holidays shall not be charged as
vacation leave and vacation leave shall be extended accordingly. .
19.4 Usage: ,An employee.may begin to use accrued vacation after successfully
completing his/her probatonary`period with the City of Petaluma.
19.5. Banked .Hours. Hours that are banked under Section "Vacation, Payment
of may be used upon submittal of a memo to the .Personnel Department for Vacation
purposes. These hours shall be deducted' from the existing bank.
SC1-90761.1
22
Section 20. Sick heave
20.1 General. Sick leave with pay shah be granted to all employees as set forth
in this section. Sick leave isnot a right which an employee may use at his discretion, but
rather, shall be used only in case of personal illness, disability or the serious illness or
injury of an employee's family member which requires the employee's attention. The
term family members shall include: spouse, children, parents, spouse's parents, brothers,
sisters or other individuals whose relationship to the employee is that of a dependent or
near dependent.
20.2 Accrual. Sick leave shall accrue to all full-time employees at the rate of
eight hours for each month of continuous service.
20.3 Notification Procedures. In order to receive compensation while absent on
sick leave, the employee shall notify his/her immediate superior or the Personnel Office
prior to or within :four hours. after the time set for beginning his daily duties as may be
specified by the head of his/her department. When absence is for more than three days
duration, the employee may be required to file a physician's certificate with the Personnel
Office stating the cause of the absence.
• 20.4 Relationship to Workers Compensation. Benefits shall be payable in
situations where miscellaneous employee absence is due to industrial injury as provided
in California State Workers' Compensation Law. During the first 160 hours, when the
employee's absence has been occasioned by injury suffered during his/her employment
and he/she receives Workers' Compensation, he/she shall receive full pay. Following this
period,-sick leave may be a supplement to the Workers' benefits provided the employee.
Compensation is at his/her regular rate for a period not to exceed six months, or until
such sick leave is exhausted, or the disability is abrogated, or that employee is certified
"permanent and stationary" by a competent medical authority. The City shall pay him/her
the regular salary, based on the combination of the Workers' Compensation benefit plus
Sick Leave.
Sick cave for industrial .injury shall not be allowed for a disability resulting from
sickness, self-inflicted injury or willful misconduct.
The City may retire any employee prior to the exhaustion of accumulated sick
leave, at which time all accrued but unused sick leave shall be abrogated, subject only to
the limitations provided under this Memorandum of Understanding.
20.5 Sick Leave Transfer Policy. Employees wishing to donate hours of sick
leave to another employee may do so by sending a written request, approved by their
department head, to the Personnel Office naming the -individual to receive the sick leave
and the amount donated, with the following restrictions:
SC1-90761.1
23
l . Employees who wish to transfer wick leave must. retain a
muumuni of 160 hours of sick leaveto be eligible to
transfer sick leave.
2. All such transfers of sick leave are irrevocable.
3, The employee receiving'the sick leave transfer must have
' zero (Oj hours of accrued sick leave, vacation and CTA
leave on the books.
4. .Employees may not buy or sell sick leave. Only the time
maybe transferred.
5. Employees may not transfer sick leave upon separation of '
aervice.
6. Transfer of sick. leave shall be allowed between all Units.
7. No more than ninety (90) workdays of Sick Leave may be
received by an employee for any one illness or injury.
SC1-90761.1
24
Section 21. Bereavement Leave
In the event of the death of an employee's spouse, mother, step-mother,
mother-in-law, father, step-father, father-in-law, brother, sister, child, including an
adopted child, grandchild and grandparent, or domestic, partner as registered with the
Human Resources Department, an employee who attends the funeral shall be granted time
off work with pay. The amount of time off work with. pay shall be only that which is
required to attend the .funeral and make necessary funeral arrangements, but in no event
. shall it exceed three (3) working days. These three (3) days shall not be chargeable to
sick leave. An additional two (2) days required for necessary funeral arrangements may
be charged to the employee's sick leave and any additional time beyond these two days
may be charged to accumulated vacation or leave without.pay. Such bereavement leave
shall not be accruable from fiscal year to fiscal year, nor shall it have any monetary value
if unused.
SC1-90761.1
25
Section 22. ~Iolidays
22.1 Fined Holidays. The City shall observe twelve (12) f xed-date holidays.
These holidays shall be established for the City's f scat year as determined by City .
Council resolution
The Holidays for FY 99/00, FY 00701, and 0:1/02' are as follows:
Independence. Day
Labor Day
Columbus Day
Veterans' Day
Thanksgiving Day .
Day After Thanksgiving
Christmas Eve
Christmas Day
New Year's Day
Martin Luther King Day
Presidents' .Day
Memorial Day
22.2 Floating Holidays.. During the Fiscal Year the City will authorize one (1)
"Floating. Holiday" per employee,.. which may be taken by the- employee at a time. selected
by the employee, subject to operational requirements and approval determined by the
Ciiy..Employees hired, between July 1, and December 31, will be :eligible fora "Floating
Holiday" .during the course.of the,Fiscal. Year.
SC1-90761.1.
26
Section. 23. Military Leave
Military leave shall be arranged in accordance with the provisions of State Law.
All employees entitled to military leave shall give the appointing power an opportunity
within the limits of military regulations to determine when such leave shall be taken.
SC1-90761.1
27
Section 24. Leave of Absence Without Pay
The City Manager may grant a regular or probationary employee'. leave of absence
without pay pursuant to State and Federal Law. Good. cause being shown by a written ,
request, the City Manager may extend. such leave of absence without pay or seniority or
benefits for an additional period not to exceed six (6) months. No -such leave shall be
granted except upon written request of'the employee setting forth the reason for the
request, and the. approval will, be in writing. Upon expiration of a regularly .approved
leave: or within a reasonable period of time after notice. to return to duty, the employee
shall be reinstated in the position`held at the time leave was granted.: Failure;on the part
of an employee on leave to report promptly at its expiration, or within a reasonable time
after notice to return to duty, sha1T be cause for discharge.
SC1-90761.1
28
Section 25. Administrative Leave
Members; ofthis Unit are eligible for administrative leave. Days may be granted by
the City Manager upon written request, not to exceed eighty (80) .hours-per Fiscal
Year.
SC1-90761.1
29
Section 26. 3ury Leave
Every classified employee of the:.City who is called or required .to serve as a trial
juror shall be entitled to :absent hiinself/herself'from his/her duties with the City during
the period of uch service or while necessarily being~present in court as a.result of such
call. Under such circumstances, the employee shall be paid the difference between his
full salary and any payment received by him, except travel pay, for such duty. This
compensation shall not extend beyond twenty- (20) working days.
SC1-90761.1
30
Section 27. Family 1Vledical Leave Act
Pursuant to the Family and Medical Leave Act of 1.993, FMLA leave may be
granted to an employee who has been employed for at least twelve (12) months by the
City and who has provided at least 1,250 hours of service during the twelve (12) months
before the leave is requested. The leave may be granted up to a total of twelve (12) weeks
during the fiscal year for the following reasons:
A. Because of the birth of a child or placement for adoption or foster care of a child;
B. In order to care for the spouse, son, daughter; parent, or one who stood in place of
a parent of the employee, if such spouse, son, daughter, parent, or "in loco parentis" 'has a
serious health condition;
C. Because of a serious health condition. that makes the employee unable to perform
his/her employment functions.
The employee must provide the employer. with thirty (30) days advance notice of the
leave, or such. notice as is practicable; °if thirty (30) days notice is not possible. The
employee must provide the Employer with certification of the condition from a health
care provider. The Erripl'oyer, at Employer expense, may require a second opinion on the
validity of the certification. Should a conflict arise between health providers, a third and
binding opinion, at Employer expense will be sought.
An employee seeking FMLA leave must first use paid sick time (if applicable) and
vacation before going on unpaid leave. The total amount of family leave paid and unpaid
will not exceed a total of twelve (12) weeks. In any case in which a husband and wife
entitled to family leave are both employed by the employer, the aggregate number of
workweeks of leave to which both may be entitled may be limited to twelve (12) weeks
during any Fiscal Year if such leave is taken because of the birth of a child or placement
for adoption or foster care of a child. The employee will be responsible for his/her share
of the: health insurance cost: during the leave. If the employee does not return from the
leave, he/she is responsible for the total insurance premium paid by the employer. -
SC1-90761.1
31
OTHER
Section 28. itetirement
The City of Petaluma's :retirement. plan under the Public Employees' Retirerrient
System shall consisf of the following items;
Miscellaneous Employees: 2% @ 55.
Options: - 1.95.9 Survivors Benefit {Leve13)
One year Final Compensation Average
Unused Sick Leave, Credit
Military Service Credit - .Public Employees
SCl'-90761.1
32
Section 29. I-$ealth and Safety
A. The City agrees that it has the obligation to take .reasonable steps to furnish
employment and a place of employment which is safe and healthful for its employees.
B. The Union may report to the City any condition which. it perceives to be a
working condition which is less than safe or healthful. Upon receiving such a report, the
City agrees to meet with the Union to discuss the reported condition.
SC1-90761..1
33
Section 30: Grievance Procedure
30.1 Purpose. of Rule.
1. To promote improved employer-employee relations by establishing
grievance procedures on matters for which appeal. or hearing is notprovi'ded. by other-
regulations.
2. To afford. employees individually or through„his/her recognized
employee organization a systematic;.means of obtaining further consideration of problems
after every reasonable effort has failed to resolve them through discussions..
3. To provide that grievances shall be settled as near as possible. to the
point of origin.
4. To provide that appeals shall be conducted asinformally as
possible.
30.2 .Matters .Subject 'T'o Grievance Procedure. The grievance procedure shall -
be used to process and resolve gnevances arising out of the interpretation, application, or
enforcement of the express terms of this Memorandum of Understanding:
30.3 Informal Grievance Procedure. An employee who -has a problem or
complant.should first try to get it settled through discussion with his/her immediate
supervisor without undue delay. If, after this discussion, he/she does not`beleve the
problem has been. satisfactorily resolved, he/she shall have the right to discuss it with
his/her- supervisor's immediate supervisor, if any, in,the administrative service. Every
effort should be`made to find an acceptable solution by informal means at -the .lower
possible level of supervision. If the employee is not in agreerrient with the decision
reached by discussion,, he/she shall then have the right to file a formal appeal in writing
within ten (10) calendar days .after receiving the informal decision of his/her immediate
superior. An informal appeal shall not be taken above the appointing power.
30.4 Formal Grievance Procedure. (levels of review through chain of
command)
1. First level of review The appeal shall be presented in writing to
the. employee's immediate supervisor, who shall render his/her .decision and comments in
writing and.return them to'the employee within five (5) calendar days after receiving the
appeal. If the employee does not agree with his/her supervisor's decision, or ifno answer
has been received within fire (5:) calendar days, the employee may presentahe appeal in
writing to -the supervisor's. immediate superior. Failure of the employee to take :further
action within five (5) calendar days. after receipt of the written decision, of the employee's
SC1-.90761..1
34
supervisor, or within the total offifteen (15) calendar days if no decision is rendered, will.
constitute a dropping of the appeal..
2. Further level or levels of review- as appropriate The supervisor
receiving the appeal shall review it, render his/her decision and comments in writing,. and
return them to the employee within five (5) calendar days after receiving the .appeal. If
the employee does not agree with the decision, or if no answer has been received within
five (5) calendar days; employee may present the appeal in writing to the department
head. Failure of the employee to take further action within five (5) calendar days after
receipt of the decision is rendered, wi1T constitute a dropping of the appeal.
3. Departmental Review. The Department Head receiving the appeal
of his/her designated representative, should discuss the grievance with the employee, the
employee's representative, if any, and with other appropriate persons. The department
head. shall render his/her decision and comments in writing, and return them to the
employee within five (5) calendar days after receiving the appeal. If the employee does
not agree with the decison,reached, or if no answer has been received. within five (5)
calendar days after receipt of the decision or within a total of fifteen (15) calendar days if
no decision is rendered, will constitute a dropping of the appeal.
4. City Manager. The City Manager receiving the appeal or his/his
designated representative should discuss the grievance with the employee, his/her
representative, if any, and with other appropriate persons. The City Manager may
designate a fact finding committee, officer not in the normal line of supervision, .or
Personnel Board to advise him/her concerning the appeal. The City Manager shall render
a decision in writing to the employee within twenty (20) calendar days after receiving the
appeal.
5. Conduct Of Grievance Procedure
(a) The time limits specified above maybe extended to a definite date
by mutual agreement of the employee, his/her representative and the reviewer concerned.
(b) The employee may request the assistance of another person of
his/her°own choosing in preparing and presenting his%her appeal at any level of review.
(c) The employee and his/her representative may be privileged to use a
reasonable amount of -work time as determined by the appropriate department. head in
conferring about and presenting the appeal.
(d) Employees shall be assured freedom from reprisal for using the
grievance procedures.
SC1-90761.1
35
Section 31. Discipline Procedure
Right of Discipline. The City shall:have the right to discharge; suspend,, demote,
or take any other form of discipline against any employee: for due cause.
31.1 Disciplinary Procedures.. ,
- a. ,Other than Termination:. :Except. for probationary employees unless
otherwise required: by law; any regular employee subject to discipline exceeding three(3)
calendar days suspension is entitled to a written. statement of the reasons for .such action,
a copy of the charges and material upon which such action is based, where applicable,
and the right to respond, either orally. or in writing, concerning the disciplinary, .;action.
Upon request, the employee is entitled to a hearing in accordance with this MOU,
b. ,Termination: Except for probationary employees unless otherwise
required by law; a regular employee subject to ternnation is entitled to,written riotice.of
the. proposed :action; a written statement of ,the reasons for such action, a copy of the
charges. and material upon which: such action is based, where applicable; and the right to
respond, either orally or in writing, concerning the. proposed termination action. Upon
request, the: employee is entitled to a hearing,in accordance with.ttu MOU... -
31.2 Rules of Appeal to Personnel Board.
- a. Right of Appeal: Any regular employee in the competitive service
shall have the right to appeal to the Personnel Board any discipline exceeding five
calendar day suspension that. he or she believes is unjust, except in instances where the
right of appeal is specifically prohibited by the Personnel Ordinance, or the Rules and
Regulations and this Memorandum of Understanding.
b. ~ Method of Appeal: Appeals shall be in writing, ubscribed by the
appellant, and filed. with .the Rersonnel Officer within three (3)' calendar days after the
effective' date of any disciplinary, action and unless so filed the right to appeal is lost.
The P,ersonriel Officer .within five days after receipt of the: appeal, shall inform each
member of the Personnel Board, the City :Manager and such other persons or Officers
Warned or.affected, by the appeal or the- filing :of the appeal. The appeal shall be a written
statement, addressed to the. Personnel Board; explaining the matter appealed .from :and
setting forth therein a statement of the action desired. by the appellant,. with the reasons
therefor. 'The formality of a legal pleading is not required.
c. Notice: Upon the filing of an appeal, the Personnel, Officer shall
seta date for a hearing on the appeal not less than-ten (10) days, nor more than thirty (30)
days .from the date. of filing. The Personnel Officer- shall notify all. interested parties of
the date; time and place of the hearing at such places as the Personnel ,Board shall
prescribe.
SC1-90761.1
36
d. Investi ation: Upon the filing of an appeal, the Personnel .Board
may make- such independent investigation of the matter, as it may deem necessary. The
result of such investigation shall be made a part of the record of the proceedings and the
appellant shall have the right to have a reasonable time within which to answer or to
present evidence in opposition to the findings of this independent investigation.
e. Hearings: The appellant shall appear personally, unless physically
unable to do so, before the Personnel Board at the time and place of the hearings. The
appellant may be represented by any person or attorney as may be selected and may at the
hearing produce relevant oral or documentary evidence. The appellant shall proceed first
and, at the conclusion, opposition matters may .then .be presented. Rebuttal matter not
repetitive may be allowed in the discretion of the .Personnel Board. Cross examination of
witnesses shall be permitted... The conduct and decorum of the hearing shall be under the
control of'the Personnel Board by its Chair, with due. regard to the rights and privileges of
the parties appearing before it. Hearings need not be conducted according to technical
rules relating to evidence and witnesses. .Hearings shall be open unless the appellant, in
writing, requests a closed.hearing.
f. Findings and Recommendations: The Personnel Board shall,
within ten (10) days after the conclusion of the hearing, certify its findings and decision in
writing to the appellant and to the City Manager and to the person, officer or body
appropriate from whose action the appellant was taken.. The City Manager or appointing
power, as appropriate, shall review the findings and recommendations of the Personnel
Board and, subject to the provisions of the City Charter; may then affirm, revoke or
modify the action taken as, in the reviewing party's judgment, seems warranted, and the
action taken shall be final. Any member of the Personnel Board may submit a minority or
.supplemental finding and recommendation. In case of suspension, discharge or
demotion, the Personnel Board shall reinstate any employee to the employee's former
status if proof is made that the action was for discriminatory reasons.
SC1-90761.1
37
Section'32: Personnel.Files
An employee (or his or her representative, on presentation of written authorization
from the employee in a form_acceptable to the City) shall have access' fo non-confidential
portions of the employee's. personnel file at a mutually agreeable time. The .employee.
may be requiredab acknowledge the receipt ofany document entered info the employee's
personnel f
le. No performance evaluations or disciplinary actions 'containing adverse
comments. about an employee's work. perforrnarice or conduct shall be placed:into his or
herepersonnel file until the employee has,been given the opportunity toreview the
document. The employee may write. a response to the document .containing the adverse
comments for'placement .into the personnel file.
SC1-90761.1
38
Section, 33. Probation
:All original, transfer, and promotional appointments shall be subject to. a
probationary period. The probationary period shall be regarded as part of the testing.
process and shall be utilized for closely observing, the employee's work for securing the
most effective evaluation of a new employee's work and for rejecting any probationary
employee whose performance does notmeet the required standards .of work.
The initial probationary period for 1Nlanagement employees is twelve (12) months
for hire, promotion,-and transfer. An employee's probationary period maybe extended
for six (6) months on a case-by-case basis based on the performance evaluation. Should
an employee be on a leave of absence without pay, the probationary period will be
extended for that time.
During the probationary period, an employee may be rejected at any time by the
City Manager without cause and without the right of appeal.
Any employee rejected during the probationary period following a promotional or
transfer appointment shall be discharged except as provided in Section Transfers and
Promotions.
Promotions of employees still on probation will result in a new probationary
period for the class into which the individual was promoted.
SC1-90761.1
39
Section 34. Layoff and )E2ecall
A. ' Work Elimination •
Should.. the City decide,, for .labor cost-control reasons, to permanently eliminate
bargaining unit -work by.permanently replacing existing bargaining unit positions with
contract or subcontract employees to do the same work under similar conditions of
. _
employment ("Work, Elimination"), the City agrees to notify the Union fourteen (14) •
days prior:to implementaton'oftbe Work. Elimination, iri order. o allow.the Union to
.
meet and confer wi h:respect to the e"ffects of the proposed action upon the bargaining
uni employees and to propose effective economical:methods, if any, by which. such work
could continue to be provided by the City's own employees.. y
B. Layoff and Recall ~ '
34.1 State"went of Intent.
Whenever,., in the judgment of the City Council, it becomes necessary to abolish
any position of employment due to a reorganization or to separate,:employees due to lack
of work. or funds, the employee. holding, such position or empl'oynerif inay be-laid off or
demoted without disciplinary action .and without the right of appeal. '
34.2 Notification.
Employees to be laid off shall be given, whenever possible, at least, l4 calendar
days prior notice.
34.3 Vacancy and Demotion.
Except as otherwise. provided, whenever there is a reduction in :the work force, the
appointing authority shall first demote to a vacancy, if any, in a lower: classification for
which. the employee who is the .latest to be laid off in accordance with ,Section 6 'is
qualified. All persons so demoted sha1T have their natnes placed on the re-employment
list.
34.4 Employee Rights.
An employee affected by layoff shall have the right to displace: `an employee in the
same department who has less. seniority in ~ a lower classification ~in the carne
classification series or in 2~ a lower classification. inwhich the affected employee once
had reg tar status. For the purpose of "this section and Section 5, seniority includes all
SC1-90761.1 -
40
periods of full-time service at or above the classification level where the layoff is to
occur.
34.5 Seniority.
In order to retreat to a former or lower classification, an employee .must have -more
seniority than at least one of the incumbents in the retreat classification, be qualified to
hold the retreat classification or have served in the retreat classification. prior to the layoff
and request displacement action in writing to the Personnel.Officer within (5) working
days of receipt of notice of layoff:
Employees within each category shall be laid off in reverse order of seniority
within the classification series. Seniority for the retreat classification would be the
combination of time served. (at or above) in the layoff classification and any prior time
served in the retreat classification. Ties will be broken based upon seniority of total City
service
Employees retreating to a lower or similar classification shall be placed- at the
salary step representing the least loss of pay. In no case shall the salary be increased
above that received in the classification from which the employee was laid off.
Employees retreating to a lower or similar classification shall serve a probationary
period in the new classification unless they have previously successfully completed a
probationary period in the retreat classification or a higher classification. in the series.
34.6 Employment Status.
In each classification of position within the competitive service, employees shall
be laid off according to employment status in the following order: temporary,
provisional, probationary, and regular.
Temporary, provisional and probationary employees :shall be laid off according to
the needs of the service as determined by the appointing authority.
34.7 )E2e-Employment List.
The names of persons laid off or demoted in accordance with these rules shall be
entered upon a re-employment list. Lists from different. departments or at different times
for the same classification of position shall be combined into a single list. Such list shall
be used by every appointing .authority when a vacancy arises in the same or lower
classification. ofposition before certification is made from an eligible list.
34.8 Duration of Re-Employment List.
Names of persons laid off shall be carried on a re-employment list for two years.
SC1-90761.1
41
Section 35. Alternate Work Weeks.
A. The City agrees to .consider reasonable alternative work week programs
proposed by the Union. Such-proposals (e:~ 4 day wo"rkweek, flex scheduling; .9/80,; job
sharing) maybe considered on a case by ease basis. by'the City:. However, the decision as
.
to whether,and when; f-at all, toimplernent such alternate programs; the~operation of
such programs, and the ability to modify and/or terminate such progians, is Teft
exclusively with the City. -
SC1-90761.1
42
Section 36. Transfers .and Promotions
An employee who transfers or promotes to another City position shall, for a
period of six months, be entitled to retreat to the job:classification formerly held, as long
as that position is currently unfilled. Such an employee shall not be subject to another
probationary period; so long as the employee has successfully completed probation in the
pre-promotional classification.
SC1-90761.1
4.3
Section 37. Performance Evaluations.
37.1. Performance evaluations are a process designed to acknowledge the
performance of an employee.
37.2 A probationary employee shall receive, at least one performance. evaluation
during his/her probationary period.
37.3 An-employee who disagrees with=his/her performanceevaluation shall be
given opportunity to submit a written response to the- evaluation. The response will
accompany'the performance evaluation in the employee's personnel. file. The contents of
a performance evaluation.shall not be subject to the provisions of the: Grievance.
Procedure of this agreement... -
SC1-90761.1
44
ATTACHMENT' A
Effective July 12, 1999
Traffic Engineer $6,017 $6,318 $6,634 $6,966 $7,314
Supervising Civil Engineer $6,017 $6,318 $6,634 $6,966 $7,314
Utility Engineer $6,017 $6,318 $6,634 $6,966 $7,314
Information Systems $5,133 $5,389 $5,659 $5,942 $6,239
Administrator
housing Administrator $5,133 $5,389 $5,659 $5,942 $6,239
Principal Planner $5,133 $5,389 $5,659 $5,942 $6,239
Senior Planner $4,619 $4,849 $5,092 $5,347 $5,614
Senior Accountant $4,619 $4,849 $5,092 $5,347 $5,614
Controller $4,997 $5,246 $5,509 $5,784 $6,073
Parks Maintenance $4,215 $4,425 $4,647 ,$4,879 $5,123
Supervisor ~ -
Public Works Supervisor $4,215 $4,425 $4,647 $4,879 $5,123
Water System Supervisor $4;208 $4,418 $4,639 $4;871 $5,115
Accounting Office $3,670 $3,853 $4,046 $4,248 $4,461
Supervisor
Recreation Supervisor $3,769 $3,958 $4,155 $4,363 $4,581
Police Records Supervisor $3,414 $3,585 $3,764 $3,953 $4,150
Public.Safety Dispatch $3,987 $4,187 $4,396- $4,616 $4,847
Supervisor
Secretary to City Manager $3,568 $3,746 $3,93-3- $4,130 $4,336
Legal Secretary $3,568 $3,746 $3,933 $4,130 .$4,336
Chief Building Official $5,341 $5,608 $5,889 $6,183 $6,492
Animal Services Manager $2,946 $3,093 $3,248 $3,410 $3,581
Animal Shelter Supervisor $2,079 $2,183 $2,292 $2,407 $2,527
Effective January 1, 2000
Animal Services Manager Adjust
in Jan
Animal Shelter Supervisor Adjust
in Jan
46
~eso 9q-/$~ ~1GS
SC1-90761.1
46