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HomeMy WebLinkAboutResolution 96-247 08/19/1996RESOLUTION NO. 9.247 N.C.S. of the City of Petaluma, California RESOLUTION APPROVING SALARY AND SUPPLEMENTAL WAGE BENEFITS FOR EMPLOYEES IN UNIT 4 (Professional) WHEREAS, the employees in Unit 4 are not represented by any recognized employee organization; and WHEREAS, the City Manager, pursuant to Section 28, City of Petaluma City Charter, is required and empowered to make a recommendation to the City Council on matters related to employee's compensation; and, WHEREAS, the City Manager has recommended that employees in Unit 1 receive salary and supplemental wage benefits, NOW, THEREFORE, BE IT RESOLVED that the supplemental wage benetts as specitied in the attachments for employees in this Unit, being in the best interest of the City, be approved and shall become effective August l9, 1.996. Under the powerand authority conferrod_upon thiaCouncil by the Charter of said City REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a (Regular) Z(~~jppp~l3t~gy~) meeting form on the .],9.111 .............. day of ...........t~1ltgast....'.,.......................... 19..dG. by the following vote; ...--"°"'-.......... 'City Attorney AYES: Maguire, Hamilton, Barlas, Read, Shea, Vice Mayor Stompe, Mayor Hilligoss NOES: None ABSENT: None /~Uj~ ~~~ - '',~ ~ ~ ~ ~lJ~ f .................... ATTE&T: ...... ......._.....:. ........... ...._..........._...... ~--<.~-.L~.'~..-_ _~`.'.!tiYiu'f ./..... ~ ................ _!~~.: ~. ~ y Cierk ~ Mayor GYitmci! Fi _.. .. CA 1065 Res. Na .._....~.~.-~ NC.S. ~; .. w„ ;~, , _~ ,, . , CITY OF PETALUMA COMPENSATION PLAN FOR iJNIT 4 - (PROFESSIONAL) FISCAL YEAR 1996-1997 9~-ay7 ~ ~ ~3 TABLE OF CONTENTS GENERAL Section I. Term of'Agreement COMPENSATION Section 2. Salary Section 3. Retirement Contribution Section 4. Overtime Section 5. Call Back<Pay Section 6. Sfand'By;Pay Section 7. Rates.ofPay°On,Permanent Transfer To A New Classification Section 8. Temporary Work Out of Classification Section 9. Compensation for Clothing Loss Section 10. Vacation, Payment of Section 11. Sick Leave, Payment at Retirement Section 12. Deferred Compensation Section 13. Retiree Benefit Payments Section 14. Fiealth/DentaLGare CashBack INSURANCE Section 15. Health Insurarice Section 16. Dental Insurance Section 17. Life;Insurance Section 18. Disability Insurance Section 19. Vision Insurance Section 20. Other I-Iealth: & Welfare Payments LEAVES Section 21. Vacation Section 22. Sick Leave Section 23. Bereavement Leave Section 24. Holidays Section 25, Military Leave Section 26. Leave of Absences WithoutPay Section 27. Jury Leave Section 28. Compensatory Time Off Section 29. Family Medical Leave OTHER Section 30. ~ Retirement. Section 31. Grievance Procedure q (o -a ~-7 a ~ 13 3 GENERAL Section 1 Term of A"areement This compensation plan,§hall be fora one (1) year term for the fiscal year'commencing Julyl, 1996 through June 30, 1997. COMPENSATION Section 2. Salarv The City shall,adopt the following salary ranges for each of the employees in the following classifications during the term of this compensation plan. UNIT 4 (PROFESSIONAL) EFFECTIVE September 23,1996 I II III IV V Assistant Planner $:18.86 $ 19.80 $ 20.79 $ 21.83 $ 22.92 Associate Civil Engineer $ 25.59 $ 26.87 $ 28.21 $ 29.62 $ 31.10 Associate in Civil Engineering $ 24.54 $ 25.77 $ 27:06 $ 28.41 $ 29.83 Associate Planner $ 2L13 $ 22.19 $ 23.30 $24.46 $ 25.69 Buyer $ 18.86 $ .19.80 $ 20:79 $ 21.83 $ 22.92 Plans Examiner $.21.98 $ 23.08 $ 24.23 $ 25.44 $26.71 Program Coordinator $.20.96 $ 22.00 $ 23.10 $ 24.26 $ 25.47 Recreation Coordinator $ 12.68 $ 13.32 $ 13.98 $ 14.68 $ 15.42 Section 2A Upon receipt 6y the Personnel Office of an employee's Certification as a Registered Civil Engineer he/she shall be advanced fo the classification of Asso ciate Civil Engineer at the beginningof the next pay period. Section 3.:Retiremenf Contributions The percentage of each en rmm~ensation Plan•:as the to' r------ pursuant to City of Petaluma Resolution 90'=363 employee shall now have an increased base sala~ contribution to PERS>previously'paid as,EPMC ~eviously paid by the City prior to the adoption of this 4ember Contnbutron (EMPC) shall instead be pazd to the i. For'purpose§ df withholding, the City shail.defer that tS throughSection 4.14(h)(2) of the Internal Revenue Code Therefore, for. calculation of base salary at retirement, the that will include the total. amount of the employee's The employee's contribution will bewithfield 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 ~c~ -a~f7 3 ~ 13 may not make an election to take his amount in salary and/or to make the payment to PERS. Theaax exemption does not apply^to FIGA/social aecurity. The following is an example of the application of IRC 414(h)(2) as applied to a miscellaneous employee.. An employee makes $1;000 per month base salary. Under the prior contract the.employee was not responsible for paying 7% of,the:required 7% employee contnbution. The Crty was responsible'forpaying 7% ($70.00), which was a City responsibility that was m 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% wdl be tax exempt and this means the employee will pay taxes on $995.00. Section 4. Overtime A. General. All hours .worked in excess of eight (8) in anyone day or in excess of forty (40) in any work week shallbe compensated for.at the oveitrme rate which shall be one and one-half (1:5) trrrres the regular rate of pay. Overtime shall not be pyramided or compounded. For those employees that work an adjusted work week through the Voluntary Reduction In Hours Program, overtime wrll be based on the signed Agreement between'the City and-the Employee. B. Minimum. Any employee required to work overtime shall, in no case, be compensated for less than one hour for such overtime. C. Payment for Work During Leaves. When it becomes necessary by an emergency to have employees work during legal holidays or the period such employees are entitled to vacation leave, such employees working on such legal holidays and during penods of vacation shall be entitled to receive additional remuneration at the rate of one and one-half times their regulaz rate of pay. Section 5. Ca1CBack Pav An employee who is called back to work in an emergency situation.after having completed his/her.regulaz shift and left the city premises shall receive a mnilmum oftwo (2).hours work or-two (2) hours pay, at the overtime rate. To the extent an employee is paid overtime:premlum pursuant to the overtime schedule under Section 4 (Overtime) listed above, he/she shall not be;pald`overtime premium under the call-back section for the same time worked. This pazagraph shall not apply to employees who aze called in eazly for ashift, i.e., when they work continuously from the time they are called in until theirregularshift begins. Section 6. Stand-Bv If, in an emergency.situation, an employee in.this unit is asked to leave work before the end of his/herscheduled work day wifh the expectation that he/she wi116e called back to work to finish the remainder of their work day at a later time; but the employee is not in;fact called back to work that day, the City agrees to compensate:the employee for the full:nortiial working day. In exchange, up until the time that the employee's regulaz sluff is scheduled to: end, such' employees will be on stand-by status, without any entitlement to any extra compensation: Except as so specified, employees in this unit aze not requrred to work on astand-by basis 9(~-a.4"I ~ ~ l3 5_ Section 7 Rates of 1?aV, On Permanent Transfer To A New Classification. When an employee is promoted, 6e/she-shall be paid the hourlyrate next higher to his/her own within the pay grade'fot the classification to which he/she was promoted 2. When an employee is transferred from one classification to another classification in the same pay grade, his/her hourly rate shall remain the-same. A permanent or probationary employee who+is transferred<to a class with a lower salary without a break in service will receive the same rate of pay he/she received prior to the transfer. Such salary shall not be increased until the time that a.highersalaty of the class to which he/she was transferred equals or exceeds his/her salary. Such transfer may be departmental or inter-departmental, and may be made by appointment from an employment list, temporary appointment, reclassification of position, or reorganization of department; and -shall be in accord with the personnel rules and regulations. The provision of this tole doesnot apply in cases of disciplinary demotion, demotion in lieu of layoff, or voluntary demotion. When,a person,is involuntarily assigned to a lower classification he/she shall receive the lower rate of pay, effective the first day assigned to that classification. Section 8. Temaorarv Work'Ouf of Classification An employee holding a classified position may- temporarily be assigned the duties of another position in a higher classification. The employee shall receive either the next higher step in the classification to which he/she is assigned or a 5% increase, whichever is greater. This payment shall begin upon completion of the first 10 cdntinuous workdays in that assignment. An employee assigned o a position at an equal or lower classification shall remain at the current rate of pay. Section 9. Comaensation for GlothinE Loss 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 requesYforcompensation 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. Section 10. Vacation. l'avment at Termination Employees who Terminate employment shalLbe paid in a lump sum for all accrued vacation leave earned prior to the effective date of termihafion not to exceed two (2) yeats accumulation. Section 11. Sick Leave,l'avment of In the event of the death br retirement `of an employee who has completed ten (10) or more years of continuous service with the City, the employee shall be paid or shall receiveto his benefit fifty percent (50%) of his 9c~-ay7 S-~ 13 accumulated but,unused,sick leave not to exceed 480 hours. The employee may elect not to receive this benefit and instead place all siclcleave hours into the PERS Sick Leave Conversion Benefit. Section 12. Deferred:Compensation The City of Petaluma shall make available to the members of this unit.the City's Deferred Compensation Plan. Section 13. Retiree BenefitPavments RETIRED: Employees An employee with twenty (20)"yeazs of service"and who is.age 50•or olderand who retires on a service retirement during the term of this agreement, will be>eligible :for $95.00 per month beginning on the retirement date. The,paymentwill decrease in the:amount of$5.00 per yeaz to $0.00 aRer 20 years if the retired employee continues in the PEMCHA plan as a teti>•ee. Should the.cetired employee not continue 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. It is the responsibility. ofthe retiree fo notify the City in wntmg that- he/she is not being covered by the PEMCHA plan andahe City will commence payment of the $100.00 at the beginning of the month following the receipt. of written notice by the retiree. Section 14 Health/DentaLGare 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 medreal and/or dental insurance-coverage:from another source: Such a request may be made during the open enrollment for PEIVICHA medical;elections but.will be, in all cases, subject to the terms and conditions and cancellation.requirements of the particulaz plan. When the employee has demonstratedsuch 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 particulaz policy. Upon actual cancellation of the :employee's,medical coverage; and commencing on the date of cancellation of such policy, the City-will instead payto the eligible employee, on a monthly basis, an amount equal to 50% of the "equivalent monthly cost' ;. as defined herein; of msurance coverage of said. employee. Indetermmmg the "equivalent montlily cost" of such coverage, he City shall calculate the monthly premiumamount which would be paid bythe 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'scurrent,plan coverage is dessthanthe monthly HPR cost; then the lower figure shall..be used. In the evenrcoverage is cancelled only for the.employee's spouse or dependent ctnldren, the reunbursement 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:Citywill instead pay to the eligible employee, on a monthly basis, an amount equal to 50% of he City's"internally genetated estimated monthly cost of the self- funded dental costs.. Any employee cancelling.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 thispayment; that re-enrollment eligibility into any plan is not guaranteed. Gc~ - a~~ ~ ~ ~3 INSURANCE Section 15. Health Insurance ACTIVE Employees The City shall provide the Public Employees'.Nledical Health Cate Act (PEMCH.A) for members of Unit 4. The premium paid by the City towazd thisprogram hall be in the amount of $100.00 per month per employee. Section 16. Dental Insurance The City shall provide.for a group De]ta.Dental Insurance Program fonCity employees, and dependents in this Unit. Additionally, the City shall'contribute toward an Orthodonture`plan $1,000 per child at a 50% co-payment rate. The City shall pay, during the period of this Compensation Rlan he full premium toward the City group dental insurance coverage program. , Section 17. Life Insurance The City shall provide for a group term',life insurance program forGityemployees in this Unit. The City shall pay, during the course of the Compensation Plan, the insurance premium towazds employee only coverage for such insurance m the principle sum of $25;000. Section 18. Disability Insurance (A) Long-Term Disability Insurance The City shall provide for a longterm disability plan. The premium to be paid for by the City. (B) Short Term Disability Insurance The City agrees that employees in this unitmay, oa a purely voluntary ba"sis and at their own expense, participate in AFLACS short=term.disability insurance, as long,as the numberof employees electing to participate m the program meets the minimum participafion.standazds set bythe carrier. Section 19: Vision Insurance The City"shall provide a Vision Plan for employees and' dependents. The premium shall be paid for by the City-. Section 20. Other.,Health and Welfare Payments The City shall provide to the active members of Units 3 and 4 additibnal monthly health and welfare payments equal the PEMCHA-Health Plan offhe Redwoods premium amounts less $100.00. 9t~ -a~~ ~ ~ l3 LEAVE ,Section 21. Vacation A.1. Amounts All regular employees of the 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 beganning with the sixth..year„shall be entiiled.to the egwvalent of one hundred twenty (120) hours of vacation peryeaz. After ten (10) years of continuous service with the City, eight (8) hours of vacation shall be added"'for each year of continuous service to a maximum of two hundred (200) hours of vacation. A2. Voluntary Leave Plan .Accruals under the Voluntary Leave Plan shall be prorated to the work week equivalent hours. B. Scheduling The times during,a.calendar year in which.an employee may take his/hervacation shall be deterntined 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 all of his/her annual vacation in a particular calendar year, such vacation shall be taken during the following calendar year. C. Deferral Any eligible employee with~the consent of the.head of his/her department and the Personnel Office may defer five (5) workingdays of his/her 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 head and the Personnel Officer rioting the details shall be kept on file with the Personnel Officer. Vacation time accurirtilated~in excess of two yearsshallbe lost: In the event one or more municipal holidays fall.within an annual vacation leave, such holidays shall not be charged as vacation leave and vacatior leave shall be extended accordingly. Section 22. Sick Leave A. General Sick leave with pay shap,6egranted to all employeeg asset fonh in this section. Sick leave is not a right which an employee`mayuse at his/her discretion; but.rather, shall be used only in case of personal`illness, disability orthe senous 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 pazents;'brothers, sisters of otherindividuals whose relationship to the employee is that of a dependent or near dependent. B.1 Accrual Sick-leave shall accrue to alhfull-time. employees at the rate of eight hours for each month of continuous service. No employee shall accumulate more sick7eave in any year than provided.. B 2. Voluntary Leave'Plan Accruals under the Voluntary Leave Plan shall: be prorated to the work week equivalent hours. C. Notification Procedures, In order io receive compensation while absent on sick leave; the employee shall notify his/het.•immediate superior orthe PersonneLOfficeprior to or within four hours after the time set for beginning his/her daily duties:as may be s"pecified by the head ofhis/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. D. Relationship to; Workers Compensation Benefits •shall be payable in situations where miscellaneous employee's.absence;is due to industrial injury as provided in California State Workers' Compensation Law. During-the first- hree (3) work days when the employee's absence has been occasione3 by ihjury suffered during: his/heremployment and he/she receives Workers' Compensation, he/she shall receive full pay. Following this period sick leave may be aaupplement to the Workers' Compensation 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 competept medical.authority. The City shall pay him/her the regular salary, based on the combihation of the Workers' Compensation benefit plus sick leave. Sickdeave forindustrial irijury shall hot be allowed for a disabilityresulting 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 ishall be abrogated, subject only to the limitations provided under this Memorandum of Understanding: . E. 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: 1. Employees who wish to transfer sick leave must retain a minimum of 160 hours of sick leave to be eligible to transfer sick leave. 2. All such transfers of sick leave are irrevocable. The employee•receiving-the sick leave transfer must have zero (0) hours of accrued sick leave, vacation and CTA leave on the books. 4. Employees may not buy or sell sick-leave. Only the time may be transferred. Employees may not'transfer sick leave upon separation ofservice. 6. Transfer-of sick leave shall be allowed between Units 1,4, 8 and 9. No more tharn ninety (90) workdays of Sick Leave maybe received by an employee for any one illness or injury. Section 23. Bereavement Leave A.1 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 grapdparent, an employee who attends the fiineral shallbe.granted time offwork with pay. The amount of ume off work with pay shall be only that which.is°sequired to attend the funeral and make necessary funeral arrangements, but;in no everitsfiall 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'saick leave and any additional ttme 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. ~~-ay-~ 9~ ~3 10 A:2. Voluntary Leave PI_an Accruals undei•'the Voluntary Leave Plan shall be protated to the work week equivalent hours. Section 24. Holidays A. FIXED HOLIDAYS: The Ciry shall observe eleven (il)fixed-date holidays. These holidays shall be established for the City's fiscal yeaz as determined byCity Council resolution. B. FLOATING HOLIDAY: During the•Eiscal Year the Citywill authorize one (1) "Floating Holiday" per employee,. which may be taken by the employee at a time selected by the employee, subject to operational regwrements,and approval determned„by the City. Employees hired between July 1, and December 31, will be eligible fora "Floating Holiday" during the course of the Fiscal Year. C. VOLUNTARY LEAVE PLAN: Holidays taken during the Voluntary Leave Plan shall be prorated to the work week equivalent hours under the voluntary leave plan. Employees on a Voluntary Leave fora fixed.period will not be paid.for any holidays falling within the fixed leave-period. Section 25. Military Leave Military leave shall be arranged in.accordance with the provisions ofState 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. Section 26 Leave of Absence Without.Eay A. 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, orbenefits for an additional penod.not to exceed six (6) months. No such leave,shall be granted: except upon writtenrequest of the employee setting forth the reason forthe°request, and the approval`will be in writing. Upon expiration of a regularly approved leave or withina reasonable period of time afternotice to return to duty, the employee shall be remstated,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 afternohce to return to duty, shall be cause for discharge. B. Employees.maY reduce their workweek upon approval of their Department Head and the City Manager under a Voluntary Leave Without Pay plan, not`to exceed,20% of their annual work schedule. Medical premiums will continue to be.paid by the City and employee as if working a full schedule. Section 27. Jury Leave Every classified employee of the; City who is called or required to serve as a trial juror shall be entitled to absent himself from his duties with the City during-the period of such service.or while necessarily being present in court as a result ofsuch call: Undei'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. c1 ~-o2[f-7 1 p ~ ~ 3 it Section 28. Comtiensatocv Time Off Employees may receive, inlieu of being paid for overtime; compensatory time off at a mutually agreeable time between the City and the employee ubject to. the operation requi;ements of the City and with approval detemuned by the City. No employeemay earn mote than two hundred forty (240) hours of Compensatory Time Off perfiscal.year. In addition, no employee mayretain onahe'books more than forty hours of unused Compensatory Time at any given point during the fiscal year: Amounts submitted in excess of these limits shall be paid at time and one-half. Section 29. Family i1~Iedical Leave Act Pursuant to the Family and Medical Leave Act of 1993;: FMLA leave maybe granted to an employee who has been employed;for at least-twelve (12);months by the Ciry and who has provided at least 1,250 hours of service during the twelve (12) months beforethe leave is requested. The leave may be granted up to a total of twelve (12) weeks during the fiscal yeaz for the following reasons: A. Because of the birth of a child or placement for• adoptionor foster care of a child; B. In order to care for the spouse, son, daughter, parent, or one who stood in place of a pazent of the employee, if such spouse; son, daughter, parent, or "in locopazentis" has a serious health condition; C. Because of a serious health condition that makes the employee unable to perform his 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 he employer with certification of the condition from a health care provider; The employer; 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 vacationbefore going on unpaid leave. The total amount of familyleave paid and unpaid will not exceed a total of twelve (12) weeks. In any case in which a husliand,and wife entitled to family leave,are both employed,by the employer, the aggregate number'ofworkweeks of leave to which both maybe entitled maybe limited",to twelve (12) weeks during,,ahy FiscaGYeaz if such'leave is taken because of;the,birth of a child orplacement for adoption or,foster care of a child.. The employee will be responsible for his share of the health insurance cost during the leave. Ifahe employee doesnot return from the leave, he is'responsible for the total insurance premium paid by the employer. 9~-a~~ l~ ~ 13 12 Section 30. Retirement OTHER The City of Petaluma's retirement plan under the Public Employees' Retirement System shall consist of the following items: Miscellaneous-Employees: 2% @' 60 Options: 1959':Survivors Benefit ('1st Level) One year Final Compensation Unused Sick Leave Credit Military Service Credit as:Public Service Section 31. Grievance Procedure A Purpose of Rule (1) To promote improved:employer-employee relations by.establishing grievance procedures on matters for which appeal or hearing is not provided by otherregulations. (2) To afford employees individually or through qualified.employee organization asystematic-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 thatappeals shall be conducted as informally as possible. B. Matters Subject To Grievance,Procedure The Cmevance procedure,shal] be used to process and resolve grievances arising'out of the interpretation, application, or enforcement of the express terms of this compensation plan. C. Informal Grievance Procedure. An employee who has a problem or complaint should firsttry to get it settled through discussion with his immediate supervisor'without undue delay. If, after this discussion, he does notbelieve3he problem has beenaatisfactorily resolved, he shall have the right to discuss it with his supervisor's immediate supervisor;-if any„ in the administrativeservice. 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,agreement with the decision:reached by discussion,. he shall then have the right to file a formal appeal in writing,within ten (10}calendar days after receiving the informal decision of his immediate superior. An informal appeal shall not be taken above•the'appointing power. D. Formal Grievance Procedure (levels ofreview 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•decisiorrandcomments,inwriting an8 return them to the employee`-within five (5) calendar'days.atter receiving"the appeal, If the employee does not.agree with his/her supervisor's decision; or if-nganswerhas been received within five (5) calendar days, the employee may present the appeal in writing to his/her'supervisor's immediate superior: Failure of the employee to take further action within five (5) calendar days after receipt of the written decision:of his/her supervisor; or within the total of fifteen (15) calendar days if no decision is rendered; will constitute a dropping of the appeal. (2) Further level:orlevelsof review as appropriate The supervisorreceivingahe appeal shall review it, render his/her decision and comments in writing, and'return them to the employee within five qc~-~~+-~ la ~ i3 13 (5) calendar days after receiving the appeal. If the employee doesnot agree with the decision, or if no answer: has been received withinfive (5) calendar days, employee may present the appeal in writing=to the department head. Failure of the employee to take firrtheraction within five (5) calendar days after receipt of the decision is rendered, will constitute adropping-of the appeal. (3) Department Review The department head receiving the appeal of his/her designated representative; should discuss the;grievance with the employee, his/her representative, if any, and with otherappropriate persons. 'The depatment head shall render his/her decision and comments in writing, and return them to the<employee withirrfive (5) calendar days after receiving the appeal. If the employee does not agree: withthe decision.reached, or if no answer has been received within five (5) calendardays afterreceipt 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 designated representative should discuss the grievance with the-employee, his/her representative, if any, and with other appropriate parsons. The CityManager'may designate a fact findingjcommittee, officer not in the normal line of supervision, or Personnel Board to advise him concerring the appeal. The City Manager shall render a decision in writing to the employee within twenty (20) calendar days after recewmg the appeal. (5) Conduct Of Grievance Procedure (a) The time limits specified above may be;extended to a definite date by mutual agreement of the employee and the reviewes concerned. (b) The employee,mayrequest the assistance of another person of his/hec own choosing in preparing and"presenting his/her appeal at any level of review. (c) The employee and.his/her representative maybe 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 shalt be assured freedom from reprisal for using the grievance procedures. qtD-a4~ i3~~3