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Home My WebLink About2012/11/20 Item 07CITY COUNCIL AGENDA STATEMENT ,~ ~~~ cirr of ~ ~~CHULAViSTA NOVEMBER 20, 2012 Item 7 ITEM TITLE: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING ("MOU") BETWEEN THE CITY OF CHULA VISTA AND THE SERVICE EMPLOYEE'S INTERNATIONAL UNION LOCAL 221/CHULA VISTA EMPLOYEES ASSOCIATION (SEIU/CVEA) REGARDING COMPENSATION AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING ("MOU") BETWEEN THE CITY OF CHULA VISTA AND THE MID MANAGERS/PROF E S S IONAL ASSOCIATION/SEN LOCAL 221, CLC, CTW ("MM/PA") REGARDING COMPENSATION AND OTHER TERMS AND CONDITIONS OP' EMPLOYMENT C. RESOLUTION OF THE CITY COUNCIL: OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OP UNDERSTANDING("MOU") BETWEEN THE CITY OF CHULA VISTA AND THF. WESTERN COUNCIL OF ENGINEERS ("WCE") REGARDING COMPENSATION AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT AND CREATION OF SENIOR LAND SURVEYOR POSITION ANll ADDITION OF SAID FOSITION TO THE CITY'S CLASSIFICATION PLAN l,, ~o,M1/ SUBMITTED BY: DIRECTOR OF HUMAN RESOUI:CES l REVIEWED BY: CITY MANAGER ~~ ~~ 7-1 NOVEMBER 20, 2012 Item Page 2 of 7 ASSISTANT CITY MANAGER 4/STHS VOTE: YES ~ NO ^X - - SUMMARY- This action would approve three Memorandums of Understanding ("MOU") involving compensation and other terms and conditions of employment between the City and three bazgaining units, including the Service Employee's International Union Local 221/Chula Vista Employees Association (SEIU/CVEA), the Mid Managers Professional Association/SEIU Local 221, CLC, CTW (MM/PA), and the Western Council of Engineers (WCE). During the past several months, the City met with representatives of SEIU/CVEA, MM/PA, and WCE towards developing mutually beneficial MOUs covering fiscal year 2012-2013. The City has reached agreements with each of the bargaining units on compensation and other terms and conditions of employment covering this timeframe, specifically from November 21, 2012 to June 30, 2013. The proposed MOU's were ratified, by a majority vote of their respective memberships, as follows: SEIU/CVEA on November 5, 2012, MM/PA on November 14, 2012, and WCE on October 11, 2012. This action would also create, as required by the proposed MOU with WCE, the position of Senior Land Swveyor and add said a position to the City's Classification Plan. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the resolutions BOARDS/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The previously agreed upon Memorandums of Understanding ("MOU") between the City and SEIU/CVEA, MM/PA, and WCE expired on June 30, 2012. Negotiating teams representing SEIU/CVEA, MM/PA, and WCE met with the City's negotiating team to develop new MOU's for their respective bargaining units. The City and the aforementioned bargaining units, after good faith negotiations, have reached agreements on MOUs to replace the previously expired MOUs. The following is a summary of the proposed new and/or revised terms for each MOU: Summary of Basic WaEe and Benefits Package by Groun 7-2 NOVEMBER 20, 2012 Item 7 Page 3 of 7 1. Service Employees International Union Local 221/Chula Vista Employees Association SEIU/CVEA represented employees will receive the following benefits/compensation enhancements throughout the course of the MOU: • Form a committee to discuss, evaluate, and make recommendations regarding subcontracting out various services currently performed by City workforce • Employees shall receive aone-time $500 stipend on; or before, December 6, 2012 • City to share with members, on a 50/50 basis, the cost increase of full-family, non- indemnity, health plan premiums on plan with the largest premium increase • Increase maximum compensatory time accrual from 65 to 80 hours • Increase call-back pay from $50 to $60 • Increase out-of--class assignment pay from a minimum of 5% to 7.5%, up to a maximum of 15%, with an additional 5% after 6 months • Increase field training pay for public safety FTOs from $2.00 to $2.40/hr. and provide $20/day stipend to employees designated as "formal trainer" by appointing authority • Increase biweekly shift differential amount from $75 to $80 for Police Dispatchers and Police Services Officers • Increase tool allowance from $500 to $650 per fiscal year • Certification pay of $30 for 1-3 certifications and $75 for 4, or more, certifications • Add language regazding tier 1, tier 2, and tier 3 Ca1PERS retirement benefits • Increase vacation accrual caps as follows: 0 1-4 years of service =from 160 to 180 hours 0 5-9 years of service =from 240 to 260 hours 0 10-14 years of service =from 320 to 340 hours 0 15+ yeazs of service =from 400 to 420 hours • Increase vacation sell-back hours from 40 to 60 hours once per fiscal yeaz • Add voluntary furlough language to mirror current City policy • SEIU/CVEA may request a "reopener" in February 2013 regazding increases in compensation and City's compensation policy • CVEA employees will receive one additional "Floating Holiday" for the term of this contract • The MOU will be effective on November 21, 2012 and expire June 30, 2013 • Continue terms of prior MOU not changed during the instant meet and confer process Mid Managers/Professional MM/PA represented employees will receive the following benefits/compensation enhancements throughout the course of the MOU: • Decrease professional enrichment from $32,500 to $15,000 (from $1,000 to $250/employee) (the fiscal yeaz 2013 budget reflected the reinstatement of professional enrichment at $32,500) • Remove provision allowing City to withhold 50% of Kaiser employee-only premium from Cafeteria Plan allotment of employees with other medical insurance 7-3 NOVEMBER 20, 2012 Item f Page 4 of 7 • Add language regazding tier 1, tier 2, and tier 3 Ca1PERS retirement benefits • Increase management leave from 80 to 88 hours • Employees to receive one-time $750 stipend • In February 2013, City and MM/PA to discuss City's compensation policy • MOU will be effective November 21, 2012 and expire June 30, 20] 3 • Continue terms of prior MOU not changed during the instant meet and confer process Western Council of Engineers WCE represented employees will receive the following benefits/compensation enhancements throughout the course of the MOU: • Add "Senior Land Surveyor" to the Land Surveyor series and amend Classification Plan accordingly • Increase Professional Enrichment fund for WCE from $19,500 to $25,000 (the fiscal year 2013 budget reflected the reinstatement of professional enrichment at $19,500) • The City will continue to offer a blended healthcare rate for employees hired prior to January 1, 2011 • Add language regarding tier 1, tier 2, and tier 3 CaIPERS retirement benefits • Increase vacation sell-back from 40 hours to 60 hours, in 20-hour increments • Add Qualified SWPPP Developer and Qualified SWPPP Practitioner to qualify for City-paid fees for professional license/membership • Add Qualified SWPPP Developer and Qualified SWPPP Practitioner to qualify for examination leave • Add two (2) days of voluntary furlough, with City matching up to two (2) days of special leave • MOU will be effective November 21, 2012 and expire June 30, 2013 • Continue terms of prior MOU not changed during the instant meet and confer process DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500-foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. Staff is not independently aware, nor has Staff been informed by any Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT YEAR FISCAL IMPACT There is no net fiscal impact projected as a result of approving the memorandums of understanding with CVEA, MM/PA, and WCE. The total estimated cost of the MOUs for the current fiscal year totals $281,434. These costs will be mitigated by unanticipated savings in flex budgets resulting from lower than expected health care premium increases. No appropriations are requested at this time. Staff may request transfers between departments later in the fiscal year to align actual expenditures with budget should the flex savings in a particular department be insufficient to offset the impact of the MOU changes. 7-4 NOVEMBER 20, 2012 Item 7 Page 5 of 7 Western Council of Engineers -The current year estimated cost of the new agreement with WCE totals approximately $48,829. Not included in this estimate is the addition of two days of voluntary furlough, with City matching up to two days of special leave. The fiscal impact for this benefit will depend on the number of employees that sign up for the voluntary furlough. While the City will not incur additional costs there will be a reduction in productive work hours. In addition, while the Senior Land Surveyor position was added tp the City's Classification Plan, the position is not expected to be.filled during this fiscal year. SEIU/Chula Vista Employees Association -The current year .estimated cost of the new agreement with CVEA totals approximately$167,044. Not included in this estimate is the addition of 8 hours of floating holiday leave. While the City will not incur additional costs there will be a reduction in productive work hours. The CVEA MOU also includes an increase in the hours of accrued vacation that employees are eligible to back each fiscal year from 40 hours to 60 hours. The cost of this change will depend on the number of employees that elect to sell back vacation. SEIU/Mid Managers/Professional Association -The current year estimated cost of the new agreement with MM/PROF totals approximately $65,561. The table below summarizes the estimated cost of the proposed changes to benefits and compensation by bargaining group. 7-5 NOVEMBER 20, 20]2 Item~_ Page 6 of 7 ~ i ~ ~ • ~ ~ ~ • ~ a Western Council of Engineers Peinstateprofessionalenrichment $ 25,000 Increase vacation sell-back from 40 hours to 60 hours $ 23,454 Add SWPP to fees for professional license/membership $ 375 Total WCE $ 48,829 Chula Vrsta Employees Association Employees shall receive aone-time $500 stipend $ 186,000 Increase vacation sell-back from 40 hours to 60 hours $ 60,761 Increase call-back pay from $50 to $60 $ 8,930 Increase biweekly shift differential amount from $75 to $80 for Police Dispatchers and Police Services Officers $ 3,900 Increase tool allowance from $500 to $650 per fiscal year $ 650 Certification pay of $30 for 1-3 certifications and $75 for 4 or more $ 10,660 Change to cost sharing formula for FLEX benefits $ 46,853 TotaICVEA $ 317,754 Less Voluntary Furlough $ (150,710) Net CVEA fiscal impact $ 167,044 Middle Managers and Professionals Reinstate professional enrichment $ 15,000 Remove provision allowing City to withhold 50% of Kaiser employee-only premium from Cafeteria Plan allotment of employees with other medical insurance $ 32,112 Employees to receive one-time $750 stipend $ 46,500 Total MM/PROF $ 93,612 Less Voluntary Furlough $ (10,551) Reduce professional enriclunent included in budget $ (17,500) Net MM/PROF fiscal anpact $ 65,561 3'otal e'stinnated cost for fiscal yeas 2012-13 $ 281,434 Notes: 1. The actual cost of some of these proposals will vary depending on the actual number of employees that decide to use these benefits. ONGOING FISCAL IMPACT The proposed MOUs end on June 30, 2013 therefore the five-year financial forecast does not reflect the new MOUs. The impact to future budgets and forecasts will depend on future negotiations. 7-6 NOVEMBER 20, 2012 Item ~ Page 7 of 7 ATTACHMENTS 1. SEN/CVEA MOU 2. MM/PA MOU 3. WCE MOU 7-7 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING ("MOU") BETWEEN THE CITY OF CHULA VISTA AND .THE SERVICE EMPLOYEE'S INTERNATIONAL UNION LOCAL 221/CHULA VISTA EMPLOYEES ASSOCIATION (SEIU/CVEA) REGARDING COMPENSATION AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT WHEREAS, the City of Chula Vista has met and conferred in good faith with the Service Employee's International Union Local 221/Chula Vista Employees Association ("SEIU/CVEA") in accordance with the provisions of the Meyers-Milias Brown Act ("MMBA"), California Government Code sections 3500 et seq; and WHEREAS, the City and SEIU/CVEA have reached an agreement on compensation and other terms and conditions of employment and, consistent with the MMBA, have set forth the those terms in a Memorandum of Understanding ("MOU"), a copy of which is available in the City's Clerk's Office and has been designated as Exhibit A for identification in this resolution; and WHEREAS, the aforementioned MOU was ratified by a vote of the membership of the SEIU/CVEA membership on November 5, 2012. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby: (1) approve the MOU between the City of Chula Vista and SEIU/CVEA, as reflected in Exhibit A; (2) authorize the City Manager or his designee(s) to execute the aforementioned MOU; and (3) authorize the City Manager or his designee to make such minor modifications to the MOU as may be recommended by the City Attorney's Office. Presented by Approved as to form by Kelley K. Bacon, Director of Human Resources and Information Technology Services Departments /~~~~ V~ Glen. R. Googins, City Attorney 7-8 ~~{ji ~,n CHULA V1SfA MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF CHULA VISTA AND SEIU LOCAL 221 \CHULA VISTA EMPLOYEES ASSOCIATION NOVEMBER 2'1, 2012 -JUNE 30, 2013 7-9 MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND THE SEN LOCAL 221 \ CHULA VISTA EMPLOYEES ASSOCIATION FOR FISCAL YEARS NOVEMBER 21, 2012 -JUNE 30, 2013. TABLE OF CONTENTS SECTION I ADMINISTRATION ............................................................................. 3 ARTICLE 1.01 PREAMBLE .......................................................................................... .3 ARTICLE 1.02 RECOGNITION ................................................................................... .3 ARTICLE 1.03 CITY RIGHTS ...................................................................................... . 3 ARTICLE 1.04 CVEA RIGHTS ..................................................................................... . 4 ARTICLE 1.05 LABOR-MANAGEMENT COOPERATION .................................... . 5 ARTICLE 1.06 TERM AND EFFECT OF THIS MEMORANDUM OF .................. . 6 ARTICLE 1.07 MOU REVISIONS ................................................................................ . 6 ARTICLE 1.09 RETENTION OF BENEFITS ............................................................. . 6 ARTICLE 1.10 SAVINGS CLAUSE ....:......................................................................... . 7 SECTION II COMPENSATION ............................................................................... . 8 SUBSECTION A. WAGES .................................................................................................. . 8 ARTICLE 2.01 WAGES .................................................................................................. . 8 ARTICLE 2.02 OVERTIME .......................................................................................... . 8 ARTICLE 2.03 COMPENSATORY OVERTIME ....................................................... . 9 ARTICLE 2.04 CALLBACK PAY .................................................................................. 9 ARTICLE 2.05 SAFETY MANDATED REST PERIODS ......................................... 10 ARTICLE 2.06 STANDBY PAY ................................................................................... 12 ARTICLE 2.07 OUT-OF-CLASS ASSIGNMENT ...................................................... 12 ARTICLE 2.08 SPECIAL PROJECT PAY ................................................................. 12 ARTICLE 2.09 FIELD TRAINING OFFICER PAY .................................................. 12 ARTICLE 2.10 BILINGUAL PAY ............................................................................... 13 ARTICLE 2.11 SHIFT DIFFERENTIALS .................................................................. 13 ARTICLE 2.12 MILEAGE REIMBURSEMENT ........................................................ 14 ARTICLE 2.13 SAFETY EQUIPMENT ...................................................................... 14 ARTICLE 2.14 PROTECTIVE CLOTHING .............................................................. 14 ARTICLE 2.15 TOOL ALLOWANCE ........................................................................ 15 ARTICLE 2.16 UNIFORMS .........................................................................:....:.:......... 15 ARTICLE 2.17 PROFESSIONAL ENRICHMENT .........................................::........ 15 ARTICLE 2.18 CERTIFICATION PAY ...........................................:...::...........:......::. 16 SECTION II COMPENSATION ........................ ...~:: ......... ....::...::..:.. 17 SUBSECTION B BENEFITS ............................................................................................ 17 ARTICLE 2.19 EMPLOYEE BENEFITS .................................................................... 17 ARTICLE 2.20 GROUP TERM LIFE INSURANCE ................................................. 20 CVEAMOU 11/21/12-06/30/13 Page 1 7-10 ARTICLE 2.21 RETIREMENT ....................................................................................20 ARTICLE 2.22 DEFERRED COMPENSATION ....................................................... 22 SECTION III HOURS ................................................................................................. 23 ARTICLE 3.01 WORK PERIOD .................................................................................. 23 ARTICLE 3.02 VACATION .......................................................................................... 23 ARTICLE 3.03 SICK LEAVE .......:............................................................................... 24 ARTICLE 3.04 BEREAVEMENT LEAVE ................................................................. 27 ARTICLE 3.05 HOLIDAYS .......................................................................................... 27 ARTICLE 3.06 JURY DUTY ......................................................................................... 31 ARTICLE 3.07 COURT LEAVE .................................................................................. 32 ARTICLE 3.08 SHIFT EXCHANGE ........................................................................... 32 ARTICLE 3.09 JOB SHARING .................................................................................... 33 ARTICLE 3.10 VOLUNTARY WORK FURLOUGH ................................................ 33 ARTICLE 3.11 LEAVES OF AB5ENCE .................................::................................. 34 SECTION IV WORKING CONDITIONS ................................................................ 35 ARTICLE 4.01 PROHIBITED PRACTICES .............................................................. 35 ARTICLE 4.02 CAREER ADVANCEMENT .............................................................. 35 ARTICLE 4.03 CLASSIFICATION STUDIES ........................................................... 36 ARTICLE 4.04 DRIVING ELIGIBILITY ................................................................... 36 ARTICLE 4.05 FITNESS FOR DUTY ......................................................................... 37 ARTICLE 4.06 SUBSTANCE ABUSE POLICY ......................................................... 37 ARTICLE 4.07 MODIFIED DUTY .............................................................................. 37 ARTICLE 4.08 DIRECT DEPOSIT ............................................................................. 37 ARTICLE 4.09 GRIEVANCE PROCEDURE ............................................................. 38 APPENDIX A APPENDIX B APPENDIX C CVEA MOU 11 /21 /12 - 06/30/13 45 50 51 Page 2 7-11 SECTION I ADMINISTRATION ARTICLE LOl PREAMBLE This Memorandum of Understanding (MOU) is entered into by the City of Chula Vista (City} and the Service Employee's International Union Local 221 \ the Chula Vista Employees Association (SEIU\CVEA} as a result of meeting and conferring in good faith concerning the wages, hours and otherterms and conditions of employment, pursuant to the Employer-Employee Relations Policy of the City of Chula Vista and the California Government Code Section 3500 et. seq., known as the Meyers-Milias-Brown Act. ARTICLE 1.02 RECOGNITION The City recognizes SEIU\CVEA as the exclusive representative for employees in Classifications listed in Appendix A. ARTICLE 1.03 CITY RIGHTS The SEN\CVEA agrees that the City has the right to unilaterally make decisions on all subj ects that are outside the scope of bargaining. The exclusive rights of the City shall include, but not be limited to: A. Establish, plan for, and direct the work force towazd the organizational goals of the City government. B. Determine the organization, and the merits, necessity, and level of activity or service provided to the public C. Determine the City budget. D. Establish, regulate, and administer a merit or civil service system which provides for all types of personnel transactions, including, but not limited to, determining the procedures and standazds for the hiring, promotion, transfer, assignment, layoff, retention, and classification of positions in accordance with the City Charter, Civil Service Rules, and established personnel practices.. . E. Discipline or discharge employees for proper cause. F. Determine the methods, means, numbers, and kinds of personnel, acid the job or position content required to accomplish the objectives and goals of the City. CVEA MOU 11/21/12 - 06/30/13 Page 3 7-12 G. Subcontract out vazious services currently performed by City work force when such actions will result in cost savings to the City. H. Effect a reduction in authorized positions. L Take actions necessary to carry out the mission of the City in emergencies and in other situations of unusual or temporary circumstances. J. Continue to exercise efficient and productive management practices consistent with federal and state laws and in compliance with the City Charter and City ordinances. Terms and conditions set forth in this MOU represent the full and complete understanding between the parties. During the term of this MOU, the SEIU\CVEA expressly waives the right to meet and confer with respect to any subject covered in this MOU, unless modifed through the voluntary, mutual consent of the parties in a written amendment. This MOU terminates and supersedes those partial practices, agreements, procedures, traditions, and rules or regulations inconsistent with any matters covered in the MOU. The parties agree that during the negotiations that culminated in this MOU, each party enjoyed the opportunity to make demands and proposals or counter-proposals with respect to any matter, even though some matters were proposed and later withdrawn, and that the understandings and agreements arrived at after the exercise of that right and opportunity aze executed in this MOU. The City's exercise of its management rights is not subject to challenge through the grievance procedure or in any other forum, except where otherwise in conflict with a specific term of this MOU. ARTICLE 1.04 CVEA RIGHTS Authorized representatives\stewazds ofthe SEIU\CVEA shall be allowed reasonable access to unit employees during working hours for the purpose of consulting regazding the employer-employee relationship, provided that the work operation and service to the public aze not impaired and the authorized tepresentatives shall have given advance notice to, and been granted authorization by, the Appointing Authority or his or her designee when contacting unit employees during the duty period of the employees. The Appointing Authority or his or her designee shall determine the appropriate time for such access. A. SEN\CVEA may designate up to eight (8) representatives\stewards (in addition to the' President and Vice-President) who will be allowed reasonable access to unit employees. CVEA MOU 11/21/12 - 06130/13 Page 4 7-13 II. The SEIiJ\CVEA may be granted use of City facilities by the appropriate Appointing Authority for meetings composed of unit employees, provided such meetings are held outside regulazly scheduled working hours for the group which is meeting, and provided space can be made available without interfering with the City needs. III. The City will provide bulletin boards in each building housing SEIiJ\CVEA represented employees for the exclusive use of SEIU\CVEA. The SEIIJ\CVEA shall be responsible to maintain space provided in an orderly condition and shall promptly remove outdated materials. Copies of such communications shall be famished to the Director of Human Resources for review. IV The City shall bill SEIU\CVEA $0.10 per member per pay period for the full costs incurred for dues deduction on behalf of SEIU\CVEA. V. SEIU\CVEA shall be provided, upon request, such literature and public documents as may be necessary (i.e., City budget, Civil Service Commission meetings, open Council conferences, etc) when the requested documents aze not available on the City's Intranet in a manner consistent with the California Public Records Act. ARTICLE LOS LABOR-MANAGEMENT COOPERATION The parties agree that during the term of this MOU, they will continue to participate in efforts to contain health caze costs. The City and SEN\CVEA agree that they will continue to have open discussions on matters of concern to the parties during the term of this MOU. Contracting out of City services currently performed by SEN\CVEA is an important issue to both SEN\CVEA and the City. As a result, the City and SEN\CVEA agree to form a committee ("Contracting Practices Committee") to discuss, evaluate, and make recommendations ingood faith regarding the City contracting out services. The Contracting Practices Committee would be formed and meet within 30 days of signing this Memorandum of Understanding, unless otherwise agreed by the parties. The Contracting Practices Committee shall be composed of an equal number of representatives from the City and SEIU\CVEA, with each party selecting their own respective members. The City and SEIU\CVEA may mutually agree to make the aforementioned Contracting Practices Committee a standing committee. In the alternative, the City and SEILJ\CVEA may mutually agree to form a separate committee with such duties and roles as maybe agreed upon. -:. CVEA MOU 11/21/12 - 06/30/13 Page 5 7-14 ARTICLE 1.06 TERM AND EFFECT OF THIS MEMORANDUM OF UNDERSTANDING I. This MOU shall remain in full force and effect from November 21, 2012 through June 30, 2013 (the date closest to July 1 that is the end of a pay period) and it is understood and agreed that the terms, conditions, wages, and all provisions of this MOU shall continue in effect until a new MOU is negotiated and subsequently ratified by the SEIU\CVEA and adopted by the City Council. If either parry proposes to modify or terminate any ofthe terms or conditions set forth in this MOU for inclusion in a subsequent MOU, they must notify the other party in writing not later than February 28, 2013. SEN\CVEA will endeavor to submit written proposals to the City by February 28, 2013. City agrees that if written proposals aze received from SEICJ\CVEA by February 28, 2013, City will be prepazed to commence negotiations on those proposals by March 15, 2013. II. The provisions of this MOU shall be subject to federal, state, and local law. III. If at any time during the term of this MOU, through causes beyond the control of the City, the City does not have a sufficient amount of anticipated budgeted revenues or is required to make substantial unanticipated expenditures, then, in such event, the City may, with mutual agreement of the SEIU\CVEA, re-negotiate this MOU and meet and confer on wages, hours and other terms and conditions of employment. This section, however, in no way affects the existing right of the City to lay-off employees. ARTICLE 1.07 MUU REVISIONS The City and SEIU\CVEA agree that during the term of the MOU they will continue to meet and confer on changes to the format and language of the MOU if necessary. The purpose ofthe proposed changes is to reconcile the MOU with the Civil Service Rules, the Employer/Employee Relations Policy, and other City policies and procedures, and to insure the language of the MOU accurately reflects City practice. The City agrees to work with SEN\CVEA to begin the review process and discuss a timeline to meet with all bargaining units to update the Employer/Employee Relations Policy. ARTICLE 1.09 RETENTION OF BENEFITS The. represented employees covered by this MOU shall retain all benefits provided in this MOU for the full term of this MOU and for any such additional period of time as provided in article 1.06. CVEAMOU 11/21/12-06/30/13 Page 6 7-15 Benefits, rights, or privileges not specifically covered by this MOU, but subject to the MMBA, can only be changed after completion of applicable meet and confer requirements, unless otherwise agreed upon by the City and CVEA\SEIU. ARTICLE 1.10 SAVINGS CLAUSE If any article or section of this MOU is held to be invalid by operation of law or by any court of competent jurisdiction, or if compliance with, or enforcement of, any article or section is restrained by such court, the remainder of this MOU shall not be affected by such action. The parties shall meet and confer or meet and consult as the case may be for the purpose of arriving at a mutually satisfactory replacement for any article or section invalidated by operation of law. CVEA MOU 11/21/12 - 06/30/13 Page 7 7-16 SECTION II COMPENSATION SUBSECTION A. WAGES ARTICLE 2.01 WAGES CVEA employees shall receive aone-time stipend in the amount of $500 on or before December 6, 2012. This one-time stipend is not intended to and does not meet the defmition of special compensation outlined in the California Code of Regulations 571(a) and therefore is not a reportable compensation to CaIPERS. The City agrees that in Febiliazy of 2013 a reopener may be initiated by CVEA\SEN only on the issues of stipend, compensation and/or wage increases. II. Merit (Step) Increases will be made according to the formula set forth in the Civil Service rules currently in effect. The classifications shall be subject to a five (5) step salary range. The normal hire rate shall be Step "A"provided, however, that an exceptionally well-qualified candidate may be hired beyond Step "A" within the established range based upon the recommendation of the Appointing Authority and the Director of Human Resources and approval by the City Manager. III. Effective Dates -All other payroll and wage changes, such as regular merit increases, shall be made effective at the beginning of the regulaz biweekly payroll period closest to the employee's actual anniversary date as a benefited employee in his or her current position. IV. Rate of Pay Following Promotion - When a represented employee is promoted, the new rate of pay will be the lowest step in the new salary range which will result in the employee receiving at least 5% more than the actual base rate in the old classification. ARTICLE 2.02 OVERTIME L Definition . Whenever an employee is ordered to work more than 40 hours in a work week he or she shall be granted overtime pay at the rate of 1 '/z times his or her Fair Labor Standards Act (FLSA) "Regular Rate", compensatory time off at 1 %: times the extra hours. worked,'or upon employee request and with the approval of his or her supervisor and Appointing Authority, the employee may take off the number of overtime hours worked on a straight-time basis within the same work week. Overtime work shall be permitted only at the direction and advance approval of the employee's immediate supervisor. Payment for overtone shall be made during the pay period in which the overtime was earned. CVEA MOU 11/21/12 - 06/30/13 Page 8 7-17 "Time Worked" - Includes all paid hours including sick leave, leaves during which Workers' Compensation is paid, vacation time, holidays or any other time away from the job that is paid. IL Administration of Overtime -.All time worked in addition to the work week with the exception of insignificant amounts of "hours worked" will be counted toward the 40 hour work week. Insignificant amounts ofhours worked is defined as any time worked outside the regular schedule that is less than 15 minutes in a day, unless the definition is changed in the Federal Regulations or by court action. III. Meal Break -When employees aze required to work over four hours overtime, they shall be granted a 1/2 hour unpaid meal break. IV. When employees are assigned to work scheduled overtime, that is not directly tied to their beginning or ending work hours, there will be a minimum of two (2) hours paid overtime, at 1 '/z times their regular rate of base pay. ARTICLE 2.03 COMPENSATORY OVERTIME A record of compensatory overtime earned and used shall be maintained on the biweekly pay records. Compensatory overtime shall not be accrued to an employee's credit for any time in excess of 80 hours. The decision to reimburse for overtime hours worked with compensatory time off in lieu of pay will be at the discretion of the employee for the first 40 hours per each fiscal year, but after 40 hours each fiscal year it shall be at the discretion of the supervisor and Appointing Authority based on the employee's request while recognizing the overall department staffing requirements. ARTICLE 2.04 CALLBACK PAY An employee called at home during non-working hours who performs work on behalf of the City will receive a $25 stipend. If the employee cannot complete the task from home and is required to return to work Callback provisions of the MOU apply. The $25 stipend will be paid in addition to any - compensation earned pursuant to the Callback provisions. SEIU\CVEA and the City will meet and confer to create guidelines for implementation ofthis stipend article. Until guidelines are agreed upon and implemented, requests for stipend payment will be considered on a case-by-case basis. Whenever employees are called back to work after they have left their work site and are required to CVEA MOU 11/21/12 - 06/30/13 Page 9 7-18 return to work before the scheduled start of the next shift, they will receive $60 in addition to a minimum of two (2) hours of overtime pay. Any combination of hours worked on the callback and hours of leave requested that exceed eight (8) will be paid at the overtime rate. The callback bonus and two (2) hour overtime minimum will only apply when the employee has not been notified of the date and time of the callback prior to leaving the work site. Any temporary changes to an employee's regulaz work schedule shall not be used to avoid callback. ARTICLE 2.05 SAFETY MANDATED REST PERIODS Section 2.05.01 PSO Rest and Recovery It is the purpose and intent to provide guidelines to employees and their supervisors to ensure Police Service Officers receive an adequate rest period between work shifts in order to perform their work duties in a safe and efficient manner. This intent is a "work in progress" and may be modified at any time upon mutual consent of the City and the Union. It is the intent of the City and the Union to allow for a minimum of seven (7) total hours for rest and recovery during any given 24-hour period. After a PSO has worked sixteen (16) paid hours in any given 24-hour period, the employee has the option to take a minimum of seven (7) consecutive hours off for rest and recovery prior to returning for work or call back. If any portion of the required rest period extends into the employee's normal work shift, then the City will pay, hour-for-hour up to a maximum of four (4) hours, that portion of the rest period extending into the employee's normal work shift. Section 2.05.02 Forensic Specialists Rest and Recovery It is the purpose and intent to provide guidelines to employees and their supervisors to ensure that Forensic Specialists receive an adequate rest period between work shifts in order to perform their work duties in a safe and efficient manner. This intent is a "work in progress" and may be modified at any time upon mutual consent df the City and SEILJ~CVEA. It is the intent of the City and SEIU~CVEA to allow for a minimum of seven (7) total hours for rest and recovery during any given 24-hour period. If a Forensic Specialist has worked their normal shift (8 or 9) paid hours in any given 24-hour period and is called-back to work before the start of their nornial shift and no break is given, the Forensic Specialist has the option to take a minimum of seven (7) consecutive hours off for rest. The City will pay, hour-for-hour up to a maximum of four (4) hours, for rest period during the employees normal. work shift. CVEA MOU 11/21/12 - 06/30!13 Page 10 7-19 If, as a result, the employee would work less than a full shift upon returning to complete their normal work shifr, the employee shall have the right to submit a leave request for the remainder of the work shift and will not be required to return to work for that shift. For all other conditions, such as multiple callbacks or when an employee has worked more than twenty-four (24) hours during the forty-eight (48) hours during the weekend, the above provisions shall also apply. Section 2.05.03 General Rest and Recovery It is the purpose and intent of this rule to provide guidelines to employees and their supervisors to assure that employees who are involved and work in and around construction sites, traffic, and/or heavy equipment and machinery receive an adequate rest period between work shifts in order to perform their work duties in a safe and efficient manner. This rule may be modified at any time upon mutual consent of the City and SEN\CVEA. After an employee has worked sixteen (16) paid hours in any given 24-hour period, the employee shall be required to take a minimum seven (7) consecutive hours off for rest and recovery prior to returning for work or call back. If any portion of the required rest period extends into the employee's normal work shift, then the City will pay, hour-for-hour up to a maximum of four (4) hours, that portion of the rest period extending into the employee's normal work shift. If, as a result, the employee would work less than a full shift upon returning to complete their normal work shift, the employee shall have the right to submit a leave request for the remainder of the work shift and will not be required to return to work for that shift. For all other conditions, such as multiple callbacks, the employee shall be required to have a minimum of seven (7) total hours for rest and recovery during any given 24-hour period. If any portion of the required rest and recovery period extends into the employee's normal work shift, then the above provisions shall also apply. Section 2.05.04 Police Dispatcher Rest and Recovery It is the purpose and intent to provide guidelines to employees and their supervisors to ensure Police Dispatchers receive an adequate rest period between work shifts in order to perform their work duties in a safe and efficient manner. This intent is a "work in progress" and may be . modified at any time upon mutual consent of the City and SEN\CVEA. It is the intent of the City and SEI[J\CVEA to allow for a minimum of seven (7) consecutive hours for rest and recovery during any 24-hour period. After a Police Dispatcher has worked sixteen (16) paid hours in any given 24-hour period, the Appointing Authority may require the employee to take a minimum of seven (7) consecutive CVEA MOU 11/21/12 - 06/30/13 Page 11 7-20 hours off for rest and recovery prior to returning for work or call back. If any portion of the required rest period extends into the employee's normal work shift, then the City will pay, hour- for-hour, up to a maximum of four (4) hours, that portion of the rest period extending into the employee's normal work shift. ARTICLE 2.06 STANDBY PAY I. Definition -Standby duty is defined as that period of time assigned by the Appointing Authority in addition to the employee's normal work week during which time the employee must be available by City provided cell phone or pager. Hours spent on standby will not be considered hours worked. Employees assigned to standby duty are subject to the provisions of Section 2.02 overtime. II. Standby pay -Employees on standby shall be compensated at the isle of $200 in additional pay for each full work week during which they are assigned to standby duty. Such employees are bound by the City's Substance Abuse Policy while on standby duty. ARTICLE 2.07 OUT-OF-CLASS ASSIGNMENT I. When an employee is assigned to perform the duties of a higher paid classification, immediately upon assignment, the employee shall be compensated with a minimum of 7.5% above the employee's current salary rate up to a maximum of 15% effective the first day of the out-of--class assignment. If the out-of--class assignment lasts in excess of 6 months the employee will receive an additional 5% compensation. Increases greater than 5% must be approved by the Director of Human Resources. Requests for out-of--class compensation shall be submitted by the Appointing Authority on a "Payroll Change Notice" form as percentage amounts only. IL The duration ofout-of--class assignments shall not exceed twelve months. ARTICLE 2.08 SPECIAL PROJECT PAY SEILJ~CVEA represented employees may be eligible to receive a maximum of 15% above their base pay when assigned by the Appointing :Authority or designee and approved by the City Manager and the Director of Human Resources to a "Special Pro}ect". ARTICLE 2.09 FIELD TRAINING OFFICER PAY A. SEIU~CVEA public safety employees who aze designated by the Appointing Authority as CVEA MOU 11/21/12 - 06/30/13 Page 12 7-21 Field Training Officers (FTOs) will be paid an additional $2.40 per hour when they are actually engaged as FTOs. B. SEIU~CVEA employees who are designated by the Appointing Authority as a Formal Trainer will be paid a twenty ($20) dollar stipend for each 8 hour day that they aze actually engaged in formal training activities. Formal training is training designated by the Appointing Authority in advance and has been determined that it is more cost effective to have the training provided internally. Employees must be recognized by the Appointing Authority as having the requisite qualifications for required certifications and/or licenses to provide training to employees. ARTICLE 2.10 BILINGUAL PAY Those employees who, upon the recommendation of the Appointing Authority and approval of the Director of Human Resources, are regularly required to use their bilingual skills in the performance of their duties will receive $100 per month in addition to their regular pay. Upon appropriate approval, employees requesting bilingual pay must successfully complete a Bilingual Performance Examination. Employees who wish to continue receiving bilingual pay must successfully complete a Bilingual Performance Examination once every three (3) years. ARTICLE 2.11 SHIFT DIFFERENTIALS I. In addition to their regulaz salary, SEILI~CVEA represented employees shall receive extra compensation of $80 per biweekly pay period (one time per pay period) under the conditions listed below. Under no circumstances shall an employee receive compensation for more than one of these conditions during any one pay period: A. When scheduled to work a majority of their shift after 5 p.m. or before 8 a.m. for a majority of a work week. (6:00 a.m. - 4:00 p.m. in Public Works) B. When regularly scheduled daily work shifts aze regularly split by two or more consecutive hours for a majority of a work week. C. When regularly scheduled shifts result in split shifts which do not allow for two consecutive days off. IL A night shifr differential shall not be paid for standby duty. III. Notice of Change in Work Schedule CVEA MOU 11/21/12 - 06!30/13 Page 13 7-22 The City will strive to give at least fourteen calendaz days (14 calendaz days) notice to employees when management initiates a change in an employee's work schedule except in cases of emergencies. ARTICLE 2.12 MILEAGE REIMBURSEMENT Employees shall be subject to the City's Mileage Reimbursement Program when required to use their personal vehicle for authorized City business. The reimbursement rate will be equal to the current maximum IRS rate. ARTICLE 2.13 SAFETY EQUIPMENT Safety equipment and training, including appropriate, approved, self-defense training such as "pepper spray use" will be provided to employees as recommended by their Appointing Authority, and with the approval of the Risk Manager. ARTICLE 2.14 PROTECTIVE CLOTHING A. Employees aze eligible to be reimbursed up to $150 per pair, as needed and when approved by the Appointing Authority, for the purchase of safety shoes when it has been determined by their Appointing Authority or the Risk Manager, that because of their duties, the wearing of safety shoes is required and up to $200 per pair, as needed, when approved by the Appointing Authority for the purchase of specialty logger boots. B. In order to promote a safe working environment and protect employees from eye injury, city employees aze required to wear eye protection whenever a task involves the possibility of preventable eye injury. All eye protection devices must be of a type appropriate for the anticipated hazards and according to Cal-OSHA and must meet or exceed ANSI Standazd 287.1. City employees required to wear corrective lenses while driving as indicated on their Drivers License or for seeing close up will"be provided corrective safety glasses through a City program. Employees will be allowed prescription glasses on a one pair per employee basis bi-annually. If prescription safety glasses are damaged as a result of a workplace hazard, the supervisor shall. request a replacement pair. If, ahead of the normal replacement schedule, prescription safety glasses. aze,Jost or damaged because of non-work related reasons, employees. will replace the prescription safety. glasses attheir own expense. Employees participating in the safety glasses program will be allocated $175 which will be used to pay for the basic frames, lens styles, lens materials, shading options, UV and scratch resistant coaf ing. Employees may select features, beyond what the City covers, at their own CVEA MOU 11/21/12 - 06/30/13 Page 14 7-23 expense, but personal options shall not conflict with the primary purpose of the glasses. If the city vendor does not provide the ability for the employee to choose options beyond what the City covers, the employee will be able to obtain safety glasses through an alternative vendor and be reimbursed up to $175 for the basic covered cost for basic frames, lens styles, lens materials, shading options, LTV and scratch resistant coatings. ARTICLE 2.15 TOOL ALLOWANCE Employees in classifications required to purchase and/or replace approved tools used in a work capacity are eligible to receive $650 per fiscal year. Mechanic Assistants who purchase and/or replace tools used in a work capacity will receive $250 per fiscal year. ARTICLE 2.16 UNIFORMS L The classifications listed in Appendix B will wear uniforms supplied and maintained by the City. Five uniform changes will be made available to each employee each week. Employees will be held responsible for the loss or misplacement of said uniforms. In the event of uniform loss, the employee will be required to reimburse the City for the uniform's replacement unless employee can show non-negligence on employee's part. II. The City will reimburse employees in the classifications listed in Appendix C for uniforms and will provide a uniform cleaning allowance of $175 per fiscal yeaz when authorized by their Appointing Authority. The allowance will be paid during the month of June to employees who have spent more than 50% of their working hours in uniform during the fiscal year. III. The City will provide uniform shorts to employees in classifications listed in Appendix B and will reimburse employees in classifications listed in Appendix C for the purchase of uniform shorts when approved by the Appointing Authority and the Risk Manager, ARTICLE 2.17 PROFESSIONAL ENRICHMENT Employees represented by SEIIJ\CVEA are eligible to participate in the City's Professional Enrichment Program. The annual Professional Enrichment Fund allotment for SEIU\CVEA. employees is $71,950. An employee is eligible to receive up to $1,000 per fiscal yeaz for professional enrichment. Funds may be used at any time during the fiscal year. Fiscal year reimbursemenisunder the City's "Professional Enrichment" will be closed the second Thursday in June. Employees may request reimbursement for professional enriclunent expenses in accordance with Internal Revenue Code Section 132, or any other applicable state and federal law. Employees must receive approval from their Appointing Authority and the City Manager's designee before funds may be claimed for CVEA MO U 11 /21 /12 - 06/30/13 Page 15 7-24 reimbursement. Reimbursements are on a first come, first serve basis until the funds have been exhausted. SEIU~CVEA and City may by mutual agreement use up to bne-half of these funds for agreed upon classroom training, organization development, or team building. ARTICLE 2.18 CERTIFICATION PAY The City will provide $30 per pay period to employees who possess one to three job related certificates that meet the criteria of the Certification Pay Policy or $75 to employees who possess four (4) or more job related certificates. The request for certification pay must be approved by the Appointing Authority and the Director of Human Resources. Certification pay expires at the end of the pay period that includes the expiration date of the certificate. Employees are responsible for resubmitting requests for certification pay once they have renewed their certificate. The City agrees that a Certification Pay Policy will be developed no later than January 30, 2013. Final agreement on this proposal is contingent upon the parties mutually agreeing to the language in anew Certification Pay Policy. CV EA MOU 11 /21 /12 - 06/30/13 Page 16 7-25 SECTION II COMPENSATION SUBSECTION B BENEFITS ARTICLE 2.19 EMPLOYEE BENEFITS Employees are eligible for benefits if employed: A. Directly by the City of Chula Vista and B. working in a half time (40-hours) or more position in an 80-hour biweekly pay period. I. Cafeteria Plan The City will provide to each represented employee a Cafeteria Plan allotment to purchase benefits under Section 125 of the Internal Revenue Code. CVEA\SEIU acknowledges that Section 125 of the IRC requires that the Cafeteria Plan be adopted by the City Council prior to the end of the calendaz year. Accordingly, the City and CVEA\SEN agree: 1) That the parties will meet at the eazliest possible time to discuss Cafeteria plan changes; 2) That the parties may prepare atimeline/schedule to ensure timely and expeditious discussions; 3) That the parties shall engage in good faith discussions; 4) That if the discussions have reached impasse and there is sufficient time prior to the required IRC plan adoption date or if both parties otherwise agree, the parties will submit the matter for non-binding advisory mediation, with the mediator chosen in the same manner set forth in the Grievance Procedure; and 5) The City Council, to ensure timely compliance with Section 125 of the IRC, may at any time in the month December unilaterally adopt the Plan Document containing the specific provisions of the Plan (including plan changes) without mutual agreement and prior to the completion of paragraphs 1-4 of this section. ' A. Enrollment Newly eligible employees (new hires or those changing from an ineligible to an eligible position) will be covered under the City's Cafeteria Benefits Plan effective their date of hire in that eligible position. All of the Cafeteria Benefits are effective from the employee's date of hire except the Dental Plans which aze effective the first of the month following the employee's date of hire in an eligible position. Employees who fail to submit required benefit election forms within 30 days of their date of eligibility will automatically be enrolled CVEA MOU 11 /21 /12 - 06/30/13 Page 17 7-26 in the Employee Only category of the lowest cost City sponsored health plan available with the remaining balance of the Cafeteria Benefits Plan allotment being placed in the taxable Cash option. Employees who fail to submit required benefit election forms during Open Enrollment will be enrolled in their same health plan with all other elections being cancelled and the balance of their flex allotment being placed in the taxable Cash option. B. Cafeteria Plan Allotment SEN\CVEA represented employees shall receive a Cafeteria Plan allotment of $11,886, effective calendar year 2013, to purchase eligible benefits. Eligible part- time employees will receive an allotment in the proportion that such part-time employment beazs to full-time employment. To maintain relative buying power to purchase health benefits from the Cafeteria Plan allotment, annually, thereafter, the City will share the cost increase of the full- family non-indemnity health plan premiums on a 50/50 basis with members on the plan with the largest premium increase. The City's shaze of the cost increase will be added to the beginning Cafeteria Plan allotment at the next available plan year (January 1). The City agrees in the event of a premium decrease; there will be no decrease in the Cafeteria Plan allotment. The paragraph will cover the period of January 1, 2013 to December 31, 2013. It is intended that this formula be aone-time benefit. 3. Pazagraph 2, above, shall end on December 31, 2013. Thereafter, the paragraph 3 shall be: To maintain relative buying power to purchase health benefits from the Cafeteria Plan Allotment annually, thereafter, the City will shaze the average cost increase of the full-family non-indemnity health plan premiums on a 50/50 basis with members. The City's share of the cost increase will be added to the beginning Cafeteria Plan allotment at the next available plan yeaz (January 1). The City agrees in the event of a premium decrease, there will be no decrease in the Cafeteria Plan allotment. 4. The City agrees that in February of 2013 a reopener may be initiated by SEIiI\CVEA on the issue of continuation bf Pazagraph 2 of this section. C. Available Cafeteria Benefits 1. Health Insurance{Mandatory) ' From the Cafeteria Plan allotment, each represented employee must select coverage for him or herself under one of the City sponsored medical plans. Any employee married to another benefited City employee who is covered under his or her spouse's plan may waive coverage under the Cafeteria Plan. In addition CVEA MOU 11/21/12 - 06/30/13 Page 18 7-27 to personal coverage, an employee may elect coverage for his or her qualified dependents under the same plan selected by the employee. The employee, through payroll deductions, will pay any premium cost in excess of the Cafeteria Plan allotment. 2. Dental (Optional) Represented employees will be eligible to participate in any City sponsored group dental plan. Any difference between the employee's available Cafeteria Plan allotment and the premium for the selected plan will be paid by the employee through payroll deductions. Dental/Medical/Vision (D/M/V) and Dependent Care Reimbursement Accounts (Optional) Represented employees may allocate a portion of their Cafeteria Plan allotment to either of these reimbursement account options. 4. Vision (Optional) Represented employees will be eligible to participate in a City sponsored group vision plan. Any difference between the employee's available Cafeteria Plan allotment and the premium for the selected plan will be paid by the employee through payroll deductions. Cash (Optional) Represented employees may allocate a portion of their Cafeteria Plan allotment to a taxable cash payment. These payments will be paid to employees on a pro-rata accrual two times per benefit year. 6. Flexible Spending Accounts (FBAs) -Health Caze and Dependent Caze Represented employees will be eligible to participate in the two Flexible Spending Account (FBA) options offered by the City. Employees may elect to set aside a portion of their salary, on a pre-tax basis, to fund eligible health care and dependent caze expenses. If the City does not meet IRS regulations, or if the IRS regulations change for any reason,. this benefit may be, discontinued. The City reserves the right to contract with a Third Pariy Administrator for the administration of FBAs. "1'he City will pay the start-up costs associated with third parry administration. Participating employees will pay any CVEA MOU 11/21/12 - 06/30/13 Page 19 7-28 required fees (monthly, per employee, per transaction, etc.). D. Short-Term/Long-Term Disability The City agrees to contribute the amount necessary to provide short-term disability and long-term disability protection for each represented employee. Short-Term Disability- A thirty (30) day elimination period with a maximum benefit subject to, and in accordance with, the provisions set by the group disability plan. Long-Term Disability- A ninety (90) day elimination period with a maximum benefit subject to, and in accordance with, the provisions set by the group disability plan. Disability Plus- If the employee has a loss of two (2) or more activities of daily living (ADL), they will be eligible for an additiona120% of their monthly earnings subject to the policy and contract provisions. E. Retiree Healthcare The City will no longer provide for subsidized retiree health care rates by offering a blended healthcare rate for employees hired after January 1, 2011. ARTICLE 2.20 GROUP TERM LIFE INSURANCE The City agrees to pay the premium for $50,000 of group term life insurance for each represented employee. Represented employees may apply for themselves and their eligible dependents to purchase from $50,000 to $300,000 of supplemental group term life insurance in $10,000 increments through the City's group insurance plan with employees paying the additional cost through payroll deductions. ARTICLE 2.21 RETIREMENT The City will provide to represented members retirementbenefifs via contract with the California Public Employees Retirement System (CalPERS) asset forth in the Califomia Government Code. The City will provide the following defined benefit formulas for local miscellaneous employees: CVEA MOU 11/21/12 - 06/30/13 Page 20 7-29 Tier 1 Local Miscellaneous 3% @ 60 Tier 2* Local Miscellaneous 2% @ 60 Tier 3** Local Miscellaneous 2% @ 62 *New Ca1PERS members on or after 04/22/2011 through 12/31/2012 **New Ca1PERS members on or after 01/01/2013 Tier 1: 3% @ 60 Local miscellaneous represented employees in Tier 1 shall contribute 8%, which will be applied to the City's contribution to Ca1PERS for optional benefits. The following is a summary of Tier 1 Ca1PERS contract provisions: A. One-Year Final Compensation B. Post-Retirement Survivor Allowance C. Credit for Unused Sick Leave D. 4cn Level 1959 Survivor Benefit. E. Military Service Credit as Prior Service F. Cost of Living Allowance (2%) G. Post-Retirement Survivor Allowance Continuance H. Pre-Retirement Death Benefit for Spouse I. Retired Death Benefit $5,000 J. Prior Service Credit K. Employer Paid Member Contributions reported as earnings Tier 2: 2% @ 60 Local miscellaneous represented employees in Tier 2 shall contribute 7%, which will be applied to the employee contribution to Ca1PERS. The following is a summary of Tier 2 Ca1PERS contract provisions: A. Three-Year Final Compensation B. Post-Retirement Survivor Allowance C. Credit for Unused Sick Leave D. 4cn Level 1959 Survivor Benefit E. Military Service Credit as Prior Service F. Cost of Living Allowance (2%) G. Post-Retirement Survivor Allowance Continuance H. Pre-Retirement Death Benefit for Spouse I. Retired Death Benefit $5,000 J. Prior Service Credit CVEA MOU 11/21!12 - 06/30/13 Page 21 7-30 Tier 3: 2% @ 62 Local miscellaneous represented employees in Tier 3 shall be responsible for the full employee contribution, which will be applied to the Ca1PERS employee contribution. There is no Employer-Paid Member Contribution (EPMC). Final compensation will be computed based on the highest average compensation during a consecutive 36-month period, subject to the compensation limit set by CaIPERS. Contract. provisions for Tier 3 benefits will be determined by CaIPERS pursuant to the California Public Employees' Pension Reform Act of 2013. ARTICLE 2.22 DEFERRED COMPENSATION CVEA members shall be eligible to participate in any approved deferred compensation plan offered by the City. CVEA MOU 11/21/12 - 06/30/13 Page 22 7-31 SECTION III HOURS ARTICLE 3.01 WORK PERIOD I. The work period is a fixed and regulaz recurring period of work hours during the seven consecutive 24-hour periods beginning at 12:01 a.m. on Friday morning and ending at 12:00 midnight the fallowing Thursday evening. A. Public Safety Dispatchers and Public Safety Officers will be on call during their paid meal break. As such, they shall remain in the designated area during the meal break. ARTICLE 3.02 VACATION I. Definitions For the purpose of this article, the definitions relating to vacations as found in the Civil Service rules shall apply. II. Vacation A. Vacation Accrual -Continuous service: Each employee paid at a biweekly rate who has had continuous full-time active service shall be entitled to vacation with pay. This benefit will be calculated based on 26 pay periods per fiscal year. The following provisions shall apply: Employees will accrue 80-hours during the first through fourth yeazs of service (cumulative to a total leave balance of 180-hours). This benefit will be accumulated at the rate of 3.07 working hours for each full biweekly pay period of service performed. 2. Employees will accrue and be eligible to receive 120-hours (cumulative to a total leave balance of 260-hours) during the fifth through ninth year of service. The benefits will be accumulated at the rate of 4.60 working hours for each full biweekly pay period of service performed. 3. Employees will accme and be eligible to receive 160-hours (cumulative to a total leave balance of 340-hours) during the tenth through fourteenth years of service. This benefit will be accumulated at the rate of 6.14 working hours for each full biweekly pay period of service performed. 4. Employees will accrue and be eligible to receive 200-hours (cumulative to a total leave balance of 420-hours) during the fifteenth and succeeding yeazs of service. This benefit will be accumulated at the rate of 7.70 working hours for each full biweekly pay period of service performed. CVEA MOU 11/21/12 - 06/30/13 Page 23 7-32 5. Vacation accrual rate changes will become effective at the beginning of the pay period closest to the actual date which includes the employee anniversary date of benefited status. 6. Vacation sell back -All members of represented classifications who have completed at least five (5) years of service shall have the option of selling up to 60-hours of said vacation back to the City one time per fiscal yeaz. The accuumulated vacation balance will be reduced accordingly. B. Each part time employee paid at a biweekly rate shall be entitled to vacation with pay. The number of working days of such vacation shall be computed on the basis set forth in subsection (2), (3), (4); or (5) and shall be in the proportion that such part-time employment bears to full-time employment. C. Employees separated from City service, whether voluntarily or involuntarily, shall be granted all of the unused vacation to which they aze entitled based upon continuous service computed on the basis set forth in subsection (2), (3), (4), or (5). Payment shall be made hour-for-hour with any portion of an hour being considered a full hour. D. Vacation Use -Vacation leave balances shall be reduced for actual time not worked to the neazest quarter hour. Absences may not be charged to vacation not already accumulated. ARTICLE 3.03 SICK LEAVE A. Accumulated paid sick leave credit is to be used for the sole purpose of protecting the employee's wages in the event absence is made necessary because of disability due to the injury or illness of the employee or members of their immediate family. For purposes of this article, immediate family is defined as spouse, domestic partner, child, stepchild, parent, steppazent, sibling, parent-in-law, grandpazent, or any other person living as a member of the employee's immediate household. B. Sick Leave Accrual - Computation of sick leave: Sick leave with pay is cumulative at the rate of 3.69 working hours for each biweekly pay period of active service, 96- hours annually, beginning at the time of full-time probationary employment. This benefit is calculated on 26 pay periods per fiscal year. Permanent part-time employees shall receive sick leave .pay in the proportion that such part-time employment bears to-full-time employment. A person who has held a position with temporary or interim status and is appointed to a position with probationary status, without a break in service, may have such time credited to sick leave upon the CVEA MOU 1 1121/1 2 - 06/3011 3 Page 24 7-33 recommendation of the Appointing Authority and the Human Resources Director and with the approval of the City Manager. C. Maximum Sick Leave Accumulation -Unused sick leave may be accumulated in an unlimited amount. D. Sick Leave Use -Sick leave balances shall be reduced for achial time not worked to the nearest quarter hour for reasons allowable under this section. Absence for illness may not be charged to sick leave not already accumulated. In order for sick leave to be approved, the employee must call his or her immediate supervisor or sick leave call in line within one-hour of the time to begin work. If the immediate supervisor is unavailable, the employee must leave word with a designated individual that he or she is too sick to come to work or has a contagious condition that would make his or her presence at the worksite dangerous for other employees. Incases where it is impossible to call (e.g., in hospital, unconscious, or other legitimate reasons) the supervisor shall withhold approval of sick leave until the employee can explain why he/she did not call within the one-hour. The immediate supervisor will then make a determination as to the allowability of sick leave use. E. Sick Leave Verification -The City may, in its discretion, require a doctor's certificate and/or a personal sworn affidavit stating that the employee is unable to perform the essential functions of his or her job in order to determine eligibility for sick leave. If an employee is to be required to furnish a doctor s certificate, the employee shall be notified by his or her supervisor that a doctor's certificate shall be required when the employee notifies the City that he or she will be absent by reason of illness or disability. Sick leave verification maybe requested at any time it appeazs there is a pattern or practice of sick leave use that could be related to abuse, regazdless of whether or not the individual has a sick leave balance on the books. Exhaustion of sick leave balances does not automatically trigger the verification requirement. When verification is required, the employee must show immediate improvement. Sick leave will then be monitored for a period of six-months. If at any time during that period there is any abuse of sick leave, the employee will be subject to disciplinary action up to and including termination. Sick Leave Reimbursement Employees usingthirty-two hours (32) of sick leave, ar less, during the fiscal year, shall have the option of converting twenty-five percent (25%) of their remaining yeazly sick leave to pay. CVEA MOU 11/21/12 - 06/30/13 Page 25 7-34 2. Pay shall be computed based on the following schedule and all computations shall be rounded to the nearest whole hour: RFMATNTNG VFART,V STCK T,F.AVF PAV TTPTTON !25°/1 96 hrs 24 hrs 88 hrs 22 hrs 80 hrs 20 hrs 72 hrs - 18 hrs 64 hrs 16 hrs 56 hrs or less p 3. If the pay option is selected, the paid sick leave hours shall be subtracted from the employee's accumulated yearly sick leave balance. The remaining sick leave hours shall be carved over and accumulated. (Example: Employee uses 32 hours of sick leave. He or she then elects to receive pay for 25% of the remaining hours as payment, or 16 hours. The 16 hours are subtracted from his or her remaining yearly sick leave and the other 48 hours are added to the employee's accumulated sick leave balance.) 4. Payment will be made during the month of July of each year. Pay will be computed based on the employee's salary step on June 15. 5. Payment will be made only to employees on the payroll twelve (12) consecutive months prior to the payoff calcu]ation. Permanent employees who retire during the fiscal year will be compensated under this plan based upon their formal retirement date. Prorated payments will not be made to an employee who terminates during the fiscal year. However, in the event of the death of an individual while employed by the City, 100% of the employee's unused, accumulated sick leave will be paid to the appropriate beneficiary as prescribed by law. F. Donated Sick Leave 1. Employees may choose to donate any accrued, but unused, sick leave to another City employee who has exhausted his of her accrued leave due to a disability caused by prolonged illness or injuryoftheemployee"or amember ofhis/her immediate family, subject to and in the manner set forth iri Human Resources Policy and Procedures, Policy 614, excepf'as modified herein. Sick leave donations will be made in hourly increments. hi order for employees to donate accrued unused sick leave as stated herein, the donating employee must have a minimum 80 hours of banked unused sick CVEA MOU 11/21/12 - 06/30/13 Page 26 7-35 leave for themselves. The donated sick leave may not cause the donating employee to fall below the minimum hours required to be banked as stated herein and the donating employee may not donate more than a total of 24 hours of unused sick leave in any fiscal year: ARTICLE 3.04 BEREAVEMENT LEAVE When an employee with permanent status is compelled to be absent from work because of the death of an immediate family member as defined by the IRS, or any other person living in the same househo]d as the employee or an immediate family member of the employee's spouse; and after such employee makes written request and receives written approval from their Appointing Authority, such employee may be allowed to use their accumulated sick leave, vacation, compensatory time or floating holiday time for up to five (5) working days, plus three (3) travel days. ARTICLE 3.05 HOLIDAYS I. Hard or Fixed Holidays for employees who work the traditional Monday through Friday work week will be celebrated on the day that City offices aze closed. For the term of this agreement, the Holiday schedule is as follows: See chart on following page CVEA MOU 11/21/12 - 06/30/13 Page 27 7-36 HARD HOLIDAYS DATES CITY OFFICES ARE CLOSED FY 12/13 FY 13/14 INDEPENDENCE DAY 7/4/12 7/4/13 LABOR DAY 9/3/12 9/2/13 VETERANS' DAY 11/12/12 11/11/13 THANKSGIVING 11/22/12 11/28/13 DAY AFTER THANKSGIVING 11/23/12 11/29/13 CHRISTMAS 12/25/12 12/25/13 NEW YEARS DAY 1/1/13 1/1/14 MARTIN LUTHER KING, JR. BIRTHDAY 1/21/13 1/20/14 CESAR CHAVEZ DAY 4/1/13 3/31/14 MEMORIAL DAY 5/27/13 5/26/14 Hazd Holiday Pay A. Full time employees shall receive eight (8) hours pay at their regulaz hourly rate for each hard holiday. Permanent part-time employees shall receive holiday pay at their regular hourly rate in the proportion that such permanent part-time employment bears to full-time employment. B. For all employees (except for Library employees andfull-time employees who work a 4-10 work schedule or a 9/80 work schedule) if a hard holiday falls on the employee's first regularly scheduled day off, the holiday will be recognized on the previous day; if it falls on the employee's second regularly scheduled day off, the holiday will be recognized on the following day. Ifthe eligible employee must work on the day to be recognized as a hazd holiday, the employee shall be paid overtime compensation in addition to the hard holiday pay: Overtime compensation, in addition to the holiday pay, shall be paid to eligible employees who must work on any hard holiday. CVEA MOU 11!21/12 - 06/30/13 Page 28 7-37 C. Employees who work a flexible schedule (a 9/80 or 4/10) and who cannot observe a normal holiday schedule: If a hard holiday falls on the employee's regularly scheduled day off, the employee will receive eight (8) hours pay. 2. If a hard holiday falls on an employee's regularly scheduled work day and the employee takes that day off, he or she will receive eight (8) hours of holiday pay for that day and may use the appropriate number ofhours of discretionary leave to supplement the eight-hours (8) of holiday time in order to reach 40- hours for that work week. Or, with supervisor approval, the employee may choose to work the appropriate number of hours during the week of the holiday in order to reach a total of 40 hours for that work week. If an employee works a hard holiday, the employee will receive the appropriate holiday hours pay based on their established schedule plus time and one-half for each hour actually worked. 4. If a represented permanent part-time employee works on a day to be observed as a hard holiday, the employee will receive holiday pay corresponding to the employee's full time equivalent hours plus pay at time and one-half for each hour worked. 5. If a hazd holiday falls on the regulazly scheduled day-off of a permanent part- time employee or if a hard holiday falls on a regularly scheduled work day but his or her work site is closed in observance of the holiday, the employee shall receive holiday pay corresponding to the employee's part time equivalent hours. For payment purposes, if a hard holiday falls on a Saturday or Sunday, the day of observance shall be the actual day of the holiday for employees working anon-Monday-Friday flexible work schedule OR the day when the normal operations of his or her department or division aze closed for those employees working aMonday-Friday flexible work schedule. CVEA MOU 11/21/12 - 06/30/13 Page 29 7-38 LARD HOLIDAYS DATES LIBRARIES ARE CLOSED FY 12/13 FY 13/14 Independence Day 7/4/12 7/4/13 Labor Day 9/3/12 9/2/13 Veterans' Day 11/12/12 11/11/13 Thanksgiving 11/22/12 11/28/13 Day After Thanksgiving 11/23/12 11/29/13 Christmas Eve Christmas Da 12/24/12 12/25/12 12/24/13* 12/25/13 New Year's Eve New Year's Da 12/31/12 1/1/13 12/31/13* 1/1/14 Martin Luther King, Jr. Birthday 1/21/13 1/20/14 Cesar Chavez Memorial 4/1/13 3/31/14 Memorial Day 5/27/13 5/26/14 * The library will close at 3pm on these days. III. Library staff in represented classifications shall receive the same paid holidays that other CVEA represented employees receive (Article 3.05, Section I). Ifthe City desires to have the Library remain open on any days during a holiday weekend, the Library management will make every attempt to use temporary personnel for staffing. For the purposes of this section, the term "holiday weekend" is defined as the Saturday and Sunday following a City recognized hard holiday which falls on a Friday; the Saturday and Sunday proceeding a City recognized hard holiday which falls on a Monday; the Saturday and Sunday following Thanksgiving Day; or any weekend on which a City recognized hard holiday falls. If staff requests and management approves, or management requires any bi-weekly rate (full-or part- time) employees to work during a. holiday weekend, the employees shall receive time and one-half pay or compensatory time off. CVEA MOU 11/21/12 - 06/30/13 Page 30 7-39 IV. Floating Holidays A. Effective the first pay period in July of each fiscal yeaz of this MOU, employees shall be credited with eight (8) hours floating holiday time each for Lincoln's Birthday, Washington's Birthday, and Admission Day. Permanent part-time employees paid at a bi-weekly rate shall be credited floating holiday time in the proportion that such part-time employment bears to full-time employment. Employees may take floating holiday time at their discretion, subject to staffing needs and with the approval of their Appointing Authority. CVEA employees will receive one additional "Floating Holiday" for the term of this contract. B. Floating Holiday Use -Employees using floating holiday time before the holiday passes and subsequently leaving City service will be charged for such time. Employees who do not use their floating holiday time before June 30 of the fiscal year will lose such time. The smallest unit of time chargeable to floating holiday time is one half hour. ARTICLE 3.06 JURY DUTY Permanent and probationary employees who aze called to serve on jury duty for any county, state, or federal court within the San Diego area shall be entitled to paid leave under the following circumstances: A. They must present to their supervisor the court order to appear for jury duty at least three (3) weeks prior to their date to report. B. The employee must submit a daily court authorized, stamped time card accounting for all hours of required service ordered by the court. C. If jury service and travel time from court to work is less than five (5) hours (6 hours for a person on a 9/80 plan,"7 hours for person on a 4/10 plan) in a work day, the employee is expected to return to work unless a justification is provided and approved orpre-authorized leave is approved. D. Employees who are required to serve jury duty on their scheduled days offwill not be compensated for this time and may keep any fees paid by the court. E. If the employee is not required to report for jury duty on any particular day(s) the employee is then expected to be at work as per his or her normal schedule. CVEA MOU 11/21/12 - 06/30/13 Page 31 7-40 F. It is the employees' responsibility to inform his or her supervisor on a daily basis if they aze required to report for jury duty the following day. This may include calling the supervisor after or before normal working hours. G. Absence due to jury duty will be submitted on the City leave form. H. Employees whose work week is other than Monday through Friday (8:00 a.m. to 5:00 p.m.) may have their jury duty work dayadjustments made by their supervisor. ARTICLE 3.07 COURT LEAVE Court leave is paid leave granted by the City to enable an employee to fulfill his or her duty as a citizen to serve as a witness in a court action to which the employee is not a party, before a federal or superior court located within San Diego County. Court leave shall be limited to: A. Required attendance before a federal or superior court located within San Diego County. B. Time in attendance at court together with reasonable time between court and work if attendance is for less than a full day and the employee can reasonably be expected to return to work. C. Court leave shall not be granted when the employee is paid an expert witness fee. D. Court leave will only be granted to employees who are not litigants in the civil case nor related to litigants in the civil case or defendants in a criminal case. E. Employees shall provide their supervisor with a copy of the legal subpoena and provide other documentary evidence of service. F. When employees are subpoenaed in the line of duty, and aze required to report to court while off duty, they shall be guaranteed a minimum oftwo (2) hours over-time pay for each separate court appearance, including travel time. ARTICLE 3°OS SHIFT EXCHANGE. Public safety dispatchers and Police Services Officers ("PSO"), subject to Appointing Authority approval, may swap shifts within a work week so long as it does not result in overtime, additional compensation, or interferes with operation of the department. Shift changes will also CVEA MOU 11/21/12 - 06/30/13 Page 32 7-41 not be allowed, if by working the shift exchange, an employee would not have an eight (8) hour safety rest period between the exchange shift and the employee's next regularly scheduled shift. "Paybacks" of shift trades are the obligations of the employees involved in the trade. Any dispute as to paybacks is to be resolved by the involved employees. The City is not responsible in any manner for hours owed to employees by other employees who leave the employment of the City or who are assigned other duties. A record of all shift trades and "paybacks" shall be maintained by the involved employees on forms provided by the department. ARTICLE 3.09 JOB SHARING The City will make reasonable accommodation for an employee in a regular position who desires to share his or her job with another qualified employee or eligible person. Jobs may be shared on an hourly or daily basis. All legally permissible benefits will be pro-rated. Each employee shall be notified in writing by the Appointing Authority (as defined in the City Charter) at the time of the appointment and such notification will cleazly define the benefits to which each employee is entitled. ARTICLE 3.10 VOLUNTARY WORK FURLOUGH The work furlough period is forty (40) hours per fiscal year. Employees will be given notice on May 1 sc or the first Monday following May 1 s' of the necessity to sign up for voluntary work furlough and will be given three weeks to complete the request. Employees will be allowed to use furlough hours in accordance with the city's vacation leave policies and the sections of this MOU dealing with vacation leave usages. The work furlough will continue until reduced or discontinued by mutual agreement of the parties and will have no impact on employee benefits to the extent permitted by law. L Employees taking leave will be required to use furlough hours before any other ]eave balances, excluding leave hours being taken under the City's sick leave policy or the article of this MOU covering the use of sick leave. II. Employees, who, through no fault of their own, are not allowed to take their furlough hours within the fiscal year will have the remaining hours carried over for use during the next fiscal yeaz. To be eligible for carryover, employees must demonstrate in writing that they requested time off during the fiscal year and that their requests were denied by the Appointing Authority. Any hours carried over must be used in the new fiscal year. CVEA MOU 11/21/12 - 06/30/13 Page 33 7-42 ARTICLE 3.11 LEAVES OF ABSENCE MILITARY LEAVE For purpose of this MOU, the Civil Service Rules regarding Military Leave and Leaves of Absence are incorporated by reference as though set out in full in this article. CVEA MOU 11/21/12 - 06130/13. Page 34 7-43 SECTION IV WORHING CONDITIONS ARTICLE 4.01 PROHIBITED PRACTICES I. SEIU\CVEA pledges, during the term of this MOU, and after expiration of the MOUS, as long as the parties are attempting to reach an agreement on successor MOU (including utilization of impasse procedures) they shall not cause, condone or counsel its unit members or any of them to strike, fail to fully and faithfully perform duties, slow down, disrupt, impede or otherwise impair the normal functions and procedures of the City. II. Should any unit employees during the term of this Memorandum of Understanding breach the obligations of Paragraph I, the City Manager or his or her designee shall immediately notify SEI[J\CVEA that an alleged prohibited action is in progress. III. SEN\CVEA shall as soon as possible, and in any event, within eight working hours disavow any strike or other alleged prohibited action, shall advise its members orally and in writing to immediately return to work and/or cease the prohibited activity and provide the City Manager with a copy of its advisement or, alternatively, accept the responsibility for the strike or other prohibited activity. IV. If SEIU\CVEA disavows the prohibited activity and takes all positive actions set forth in this MOU in good faith, the City shall not hold CVEA financially or otherwise responsible. The City may impose such penalties or sanctions as the City may appropriately assess against the participants. V. Should SEN\CVEA during the term of this Memorandum of Understanding breach its obligations or any of them under this section, it is agreed that the City shall pursue all legal and administrative remedies available to the City that in its discretion it,may elect to pursue. VI. There shall be no lockout by the City during the term of this Memorandum of Understanding and after expiration of the MOU, as long as the parties are attempting to reach an agreement on a successor MOU (including utilization of impasse procedures). ARTICLE 4.02 CAREER ADVANCEMENT The City may designate entry-level groups of classifications which will be considered as career advancement classifications. Employees may be hired for a vacancy in the higher classification. at the lower level classification, and not be required to undergo a promotional exam to advance to the higher position. The employee initially hired may qualify for certification to the higher position upon (1) successful performance for a minimum of one yeaz in the lower position, (2) a positive recommendation by the Appointing Authority and (3) approval by the City Manager upon recommendation ofthe Human Resources Director. Upon advancement to the higher classification, CVEA MOU 11/21/12 - 06/30/13 Page 35 7-44 the employee shall be compensated at the pay rate closest to, but not less than, he/she was compensated at in the lower class. The Human Resources Director shall advise the SEN\CVEA representative on the status and usage of this Article upon request. ARTICLE 4.03 CLASSIFICATION STUDIES The Human Resources Department conducts on-going classification and compensation studies pursuant to the provisions of the Civil Service rules. In the event SEI[J\CVEA wishes to request a classification or compensation study for an individual or a classification, it may do so by providing a written request to the Director of Human Resources. Written requests must provide significant justification to support the request for the study. ARTICLE 4.04 DRIVING ELIGIBILITY Whenever an employee drives a vehicle for City business he or she shall have a valid California drivers license. In order to ascertain the validity of the employee's license, employees must present their drivers license to their supervisor upon request. The City reserves the right to check at any time with the Department of Motor Vehicles to determine if an employee's license is valid. If an employee's drivers license is revoked, suspended or otherwise made invalid, the employee must inform his or her supervisor. Failure to notify the supervisor may result in immediate disciplinary action. An employee who does not posses a valid California drivers license will be considered for anon- drivingposition ifone isavailable inthe employee's classification. The non-driving assignment will continue for amaximum ofsix-months if there is a reasonable expectation the employee will have a valid California drivers license at the expiration of that time. Extensions to the six-month limit will be considered on a case-by-case basis, however, in no case shall an employee receive more than one non-driving assignment in any three-year period. When no non-driving assignment is available, employees must request a leave of absence without pay for six-months or until such time as their license is once again valid, whichever is shorter. In order to assure that non-driving assigmhents are provided on a fair and equitable basis, the following procedures shall be observed: A. Each department will determine whether it has any non-driving assignments that can be filled by employees who would otherwise have driving. assignments... B. Non-driving assignments will be given on a first come, first served basis. For example, if two employees in a department have non-valid drivers licenses and there is only one non-driving assignment, the first employee who comes forward will be given the non-driving assignment. The other employee may apply for a leave of CVEA MOU 11/21/12 - 06/30/13 Page 36 7-45 absence as described above. ARTICLE 4.05 FITNESS FOR DUTY The parties agree that physical and mental fitness of City employees aze reasonable requirements to perform the duties of the job and instill public confidence. Recognizing these important factors, the parties agree that during the term of this MOU, the City with reasonable cause, may require medical and psychological assessments of employees, provided the City pays and provides time off without loss of pay for such assessments. All such assessments shall be done by appropriately qualified health caze professionals. It is understood that the assessment regimen performed by said professionals shall be reasonably related to with the requirements and duties of the job. Any treatment or remedial action shall be the full responsibility ofthe employee, except as otherwise provided by law or as may be provided through the Employee Assistance Program (EAP) for City employees. ARTICLE 4.06 SUBSTANCE ABUSE POLICY Employees represented by SEIU\CVEA are subject to the City's Substance Abuse Policy. ARTICLE 4.07 MODIFIED DUTY When an employee is injured on the job and, according to their physician, is able to return to "light duty," the City will make every effort to place the employee in a modified duty assignment until he or she is released back to full duty. The nature of the assignment will depend on the physical restrictions of the employee as stated by the treating physician and the availability of a modified position in the employee's normal department or another department that is consistent with the physical restrictions. Notwithstanding the above, the acceptance of a modified duty assignment, if available, will be mandatory. ARTICLE 4.08 DIRECT DEPOSIT All represented employees aze encouraged to provide authorization to the City's Director of Finance to,.electronically deposit their paychecks to a financial institution of their choice. For new employees, hired on or after the effective date of this MOU, it will be mandatory to participate in the electronic deposit program. If a new employee is able to demonstrate that they are unable to obtain an account for electronic deposit, they will be required to obtain an account within 6 months. Those current employees receiving a paper check as of July 2012 will not be required to sign up for direct deposit. CVEA MOU 11/21/12 - 06/30/13 Page 37 7-46 ARTICLE 4.09 GRIEVANCE PROCEDURE This grievance procedure shall be in effect during ±he full term of this Memorandum of Understanding. Section 1. PURPOSE. The purposes and objectives of the grievance procedure are to: (1) Resolve disputes arising from the interpretation, application, or enforcement of specific terms of this agreement. (2) Encourage the settlement of disagreements informally at the employee-supervisor level and provide an orderly procedure to handle grievances through the several supervisory levels where necessary. (3) Resolve grievances as quickly as possible and correct, if possible, the causes of grievances thereby reducing the number of grievances and future similaz disputes. Section 2. DEFINITIONS. For the purpose of this grievance procedure the following definitions shall apply: (1) Manager: The City Manager or his or her authorized representative. (2) Day: A calendar day, excluding Saturdays, Sundays, and hard holidays as described by this agreement. (3) Appointing Authority: The chief executive officer of a department. (4) Director of Human Resources: The Director of Human Resources or his or her authorized representative. (5) Employee: Any officer or regulaz (not temporary) employee of the City, except an elected official. (6) Employee representative: Alr individual who speaks on behalf of the employee. (7) Grievance: A complaint of an employee or group of employees arising out of the application or interpretation of a specific clause in this agreement.. (8) Immediate Supervisor: The individual who assigns, reviews, or directs the work of an employee. (9) Superior: The individual to whom an immediate supervisor reports. CVEAMOU 11/21/12-06/30/13 Page 38 7-47 Section 3. REVIEWABLE AND NON-REVIEWABLE GRIEVANCES. (1) To be reviewable under this procedure a grievance must: (a) Concern matters or incidents that have occurred in alleged violation of a specific clause in this agreement; and (b) Specify the relief sought, which relief must be within the power of the City to grant in whole or in part. (2) A grievance is not reviewable under this procedure if it is a matter which: (a) Is subject to those reserved City Management Rights as stipulated under Section 4 of the Employer-Employee Relations Policy for the City of Chula Vista or under management rights as specified in this agreement. (b) Is reviewable under some other administrative procedure and/or rules of the Civil Service Commission such as: 1. Applications for changes in title, job classification, or salary. 2. Appeals from formal disciplinary proceeding. 3. Appeals arising out of Civil Service examinations. 4. Appeals from work performance evaluations. 5. Appeals that have Affirmative Action or civil rights remedy. (c) General complaints not directly related to specific clauses of this agreement. (d) Would require the modification of a policy established by the City Council or by law. (e) Relates to any City group insurance or retirement programs. r Section 4. GENERAL PROVISION OF THE GRIEVANCE PROCEDURE. (1) Grievances maybe initiated only by the employee or employees concerned and may not be pursued without his or her or their consent: (2) Procedure for Presentation. In presenting his or her grievance, the employee shall follow the sequence and the procedure outlined in Section 5. CVEA MOU 11/21/12 - 06/30/13 Page 39 7-48 (3) Prompt Presentation. The employee shall discuss his or her grievance with his or her immediate supervisor within ten (10) working days after the act or omission of management causing the grievance, or within ten (10) working days of when the employee, with the exercise of reasonable diligence, should have discovered the act or omission being grieved. (4) Prescribed Form. The written grievance shall be submitted on a form prescribed by the Director of Human Resources for this purpose. (5) Statement of Grievance. The grievance shall contain a statement o£ (a) The specific situation, act or acts complained of as an agreement violation; (b) The inequity or damage suffered by the employee; and (c) The relief sought. (6) Employee Representative. The employee may choose someone to represent him or her at any step in the procedure. No person hearing a grievance need recognize more than one representative for any employee at any one tirrie, unless he or she so desires. (7) Handled During Working Hours. Whenever possible, grievances will be handled during the regularly scheduled working hours of the parties involved. (8) Extension of Time. The time limits within which action must be taken or a decision made as specified in this procedure maybe extended by mutual written consent ofthe parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended. (9) Consolidation of Grievances. If the grievance involves a group of employees or if a number of employees file separate grievances on the same matter, the grievances shall, whenever possible, be handled as a single grievance. (10) Settlement. Any complaint shall be considered settled without prejudice at the completion of any step if all parties are satisfied or if neither party presents the matter to a higher authority within the prescribed period of time. ... -:; (11) Reprisal. The grievance procedure is intended to assure a grieving employee the right to present his or her grievance withouTfear of disciplinary action or reprisal by his or her supervisor, superior, or Appointing Authority, provided he or she observes the provisions of this grievance procedure. CVEA MOU 11/21/12 - 06/30/13 Page 40 7-49 (12) Back Pay. The resolution of a grievance shall not include provisions for back pay retroactive further than twenty (20) working days prior to the date the grievance is filed. However, if with the exercise of reasonable diligence the act or omission being grieved was not discovered within 10 working days of its occurrence, and the grievance is subsequently timely filed pursuant to Section 3, then the resolution of the grievance may include provision for back pay for a maximum period of one year from the date the grievance was filed. Section 5. GRIEVANCE PROCEDURE STEPS. The following procedure shall be followed by an employee submitting a grievance pursuant to policy: Step 1 Discussion with Supervisor. The employee shall discuss his or her grievance with his or her immediate supervisor informally. Within three (3) working days, the supervisor shall give his or her decision to the employee orally. Step 2 Written Grievance to Superior. If the employee and supervisor cannot reach an agreement as to a solution of the grievance or the employee has not received a decision within the three (3) working days' limit, the employee may within seven (7) working days present his or her grievance in writing to his or her supervisor who shall endorse his or her comments thereon and present it to his or her superior within seven (7) working days. The superior shall hear the grievance and give his or her written decision to the employee within seven (7) working days after receiving the grievance. Step 3 Grievance to Appointing Authority. If the employee and superior cannot reach an agreement as to a solution of the grievance or the employee has not received a written decision within the seven (7) working days' limit, the employee may within seven (7) working days present his or her grievance in writing to his or her Appointing Authority. The Appointing Authority shall hear the grievance and give his or her written decision to the employee within seven (7) working days after receiving the grievance. Step 4 Grievance to Director and Manager. If the grievance is not settled at the Appointing Authority level, it maybe submitted by the Association Representative within twenty (20) working days to the Director of Human Resources, who shall investigate and report his or her findings and recommendations to the City Manager within ten (10) working days. The City Managet shall provide his or her answer within ten (10) additional working days. The times indicated maybe extended by mutual agreement. Any employee grievance will be filed with the Association Representative at Step 4. CVEA MOU 11/21/12 - 06/30!13 Page 41 7-50 Following the submission of the City Manager s answer, and before going to Section 6, Advisory Arbitration, matters which are unresolved shall be discussed at a meeting between the parties during which all pertinent facts and information will be reviewed in an effort to resolve the matter through conciliation. Section 6. ADVISORY ARBITRATION. Any dispute or grievance which has not been resolved by the grievance procedure may be submitted to advisory. arbitration by the Association Representative or the City without the consent of the other party providing it is submitted within ten (10) working days, following its termination in the grievance procedure. The following Advisory Arbitration procedures shall be followed: (1) The requesting parry will notify the other party in writing of the matter to be azbitrated and the contract provision(s) allegedly violated. Within five (5) working days of the receipt of this notice, the parties may agree upon an arbitrator, or a panel of three arbitrators trained in conducting grievance hearings. If agreement on an arbitrator cannot be reached, the State Department of Industrial Relations shall be requested by either or both parties to provide a list of five arbitrators. Both the City and the Association shall have the right to strike two names from the list. The party requesting the azbitration shall strike the fast name; the other party shall then strike one name. The process will be repeated and the remaining person shall be the arbitrator. (2) The arbitrator shall heaz the case within twenty (20) working days after the arbitrator has been selected. The arbitrator may make a written report of their findings to the Association and the City within fifteen (15) working days after the hearing is concluded. The arbitrator shall make rules of procedure. The decision of the arbitrator shall be advisory to the City Manager who shall render a final decision within ten (10) working days. The arbitrator shall have no authority to amend, alter, or modify this agreement or its terms and shall limit recommendations solely to the interpretation and application of this agreement. The above time limits of this provision maybe extended by mutual agreement. (3) Each grievance or dispute will be submitted. to a separately convened. arbitration proceeding except when the City and the Association mutually agree to. have more than one grievance or dispute submitted.to the same arbitrator. _. . (4) The City and the Association shall share the expense of arbitrators and witnesses and shall share equally any other expenses, including those of a stenographer, if required by either party. If either party elects not to follow the advisory decision rendered by CV EA MOU 11 /21 /12 - 06/30/13 Page 42 7-51 the azbitrator, that party shall pay the entire cost of the arbitration process, including the expense of the arbitrator, witnesses, and/or stenographer. CVEA MOU 11/21/12 - 06/30/13 Page 43 7-52 Negotiating Team Members CITY OF CHULA VISTA: Kelley K. Bacon, Chief Negotiator City of Chula Vista Scott Tulloch, Co-Chief Negotiator City of Chula Vista Negotiating Team Members SEN LOCAL 221 \ CHULA VISTA EMPLOYEES ASSOCIATION: John Hale, Chief Negotiator Melissa Trulock, President Linda Meyer, SEN - Loca1221 CVEA MOU 11/21/12 - 06/30/13 Page 44 7-53 Appendix A CLASSIFICATIONS Accounting Assistant Accounting Technician Administrative Aide Administrative Analyst I Administrative Analyst II Administrative Secretary Administrative Technician Animal Care Assistant Animal Control Officer Animal Services Specialist Aquarist Aquatic Supervisor I Aquatic Supervisor II Aquatic Supervisor III Assistant Planner Associate Planner Building Inspector I Building Inspector II Building Inspector III Building Project Coordinator Business License Rep Carpenter Civilian Background Investigator Code Enforcement Officer I Code Enforcement Officer II Code Enforcement Technician Community Development Specialist I Community Development Specialist II Community Service Officer Computer Prog/Analyst Computer Progratnmer Custodian Delivery Driver Development Services Technician Educational Services Supervisor Electrician Electronic/Equip Installer Electronics Technician CVEA MOU 11/21/12 - 06/30/13 Page 45 7-54 Appendix A -- continued Electronics Technician Supervisor Engineering Technician I Engineering Technician II Environmental Health Specialist Equipment Mechanic Equipment Operator Evidence Control Assistant Facility & Supply Specialist Family and Youth Literacy Coordinator Field Maintenance Specialist Fire Apparatus Mechanic Fire Dispatcher Fire Dispatcher Supervisor Fiscal Office Specialist Forensics Specialist Gardener I Gazdener II Geographic Information Systems Specialist Graphic Designer Housing Rehab Specialist Human Services Coordinator HVAC Technician Information System Technician Landscape Inspector Landscape Planner I Landscape Planner II Latent Print Examiner Lead Custodian Librazian I Librarian II Librarian III Librazy Assistant Library Associate ' Library Technician Locksmith Maintenance Worker I Maintenance Worker II Mechanic Assistant Nature Center Grounds Maintenance Worker Nature Center Maintenance Specialist Nature Center Specialist Office Specialist CVEA MOU 11/21/12 - 06/30/13 Page 46 7-55 Appendix A -- continued Open Space Inspector Painter Pazk Ranger Supervisor Parking Control Officer Parking Enforcement Officer Pazking Meter Technician Parks Supervisor Planning Technician Plans Examiner Plumber Police Community Relations Specialist Police Data Specialist Police Dispatcher Police Dispatcher Supervisor Police Dispatcher Trainee Police Records & Support Supervisor Police Records Specialist Police Records Transcription Police Recruit Police Services Officer Police Services Technician Police Technology Specialist Procurement Specialist Public Education Specialist Public Safety Analyst Public Works Inspector I Public Works Inspector II Public Works Specialist Public Works Supervisor Pump Maintenance Supervisor Pump Maintenance Technician Range Master Records Technician Recreation Supervisor I Recreation Supervisor II Recreation Supervisor III Recycling Specialist I Recycling Specialist II Registered Veterinary Technician Secretary Senior Accounting Assistant C V EA MOU 11 /21 /12 - 06/30/13 Page 47 7-56 Appendix A -continued Senior Administration Secretary Senior Animal Care Assistant Senior Animal Control Officer Senior Building Inspector Senior Business License Representative Senior Code Enforcement Officer Senior Custodian Senior Development Services Technician Senior Electrician Senior Engineering Technician Senior Equipment Mechanic Senior Evidence Control Assistant Senior Fire Inspector Senior Fiscal Office Specialist Senior Gardener Senior HVAC Technician Senior Landscape Inspector Senior Maintenance Worker Senior Office Specialist Senior Open Space Inspector Senior Park Ranger Senior Planning Technician Senior Police Data Specialist Senior Public Works Inspector Senior Public Works Specialist Senior Records Technician Senior Secretary Senior Tree Trimmer Signal Systems Engineer I Signal Systems Engineer II Signing and Striping Supervisor Site Coordinator Supervisor Storekeeper Storekeeper Supervisor Stormwater Compliance Inspector I Stormwater Compliance Inspector II Survey Technician I Survey Technician II Telecommunications Specialist Traffic Devices Technician Traffic Devices Technician Supervisor Training Programs Specialist CVEA MOU 11/21/12 - 06/30/13 Page 48 7-57 Appendix A -continued Tree Trimmer Tree Trimmer Supervisor Volunteer Coordinator (Dept) Webmaster Youth Coordinator CVEA MOU 11/21/12 - 06/30/13 Page 49 7-58 Appendix B CLASSIFICATIONS Animal Caze Assistant Animal Control Officer Animal Services Specialist Carpenter Custodian Electrician Electronics/Equipment Installer Electronics Technician Electronics Technician Supervisor Equipment Mechanic Equipment Operator Facility & Supply Specialist Fire Apparatus Mechanic Fiscal Office Specialist (Garage) Gardener I Gazdener II HVAC Technician Lead Custodian Locksmith Maintenance Worker I Maintenance Worker II Mechanic Assistant Nature Center Grounds Maintenance Worker Nature Center Maintenance Specialist Painter Pazk Supervisor Parking Meter Technician Plumber Public Works Supervisor Pump Maintenance Supervisor Pump Maintenance Technician Registered Veterinary Technician Senior Animal Control Officer Senior Custodian Senior Electrician Senior Electronics Technician .Senior Equipment Mechanic Senior Gazdener Senior HVAC Technician Senior Maintenance Worker Senior Tree Trimmer Signing & Striping Supervisor Storekeeper Supervising Pump Maintenance Mechanic Traffic Devices Technician Traffic Devices Technician Supervisor Traffic Painter Tree Trimmer CVEA MOU 11/21/12 - 06/30/13 Page 50 7-59 Appendix C CLASSIFICATIONS Aquatic Supervisor I Aquatic Supervisor II Aquatic Supervisor III Community Service Officer Fire Dispatch Supervisor Fire Dispatcher Fire Inspector I Fire Inspector II Park Ranger Supervisor Parking Enforcement Officer Police Dispatcher Police Dispatch Supervisor Police Dispatcher Trainee Police Recruit Police Services Officer Senior Fire Inspector Senior Lifeguard Senior Park Ranger CVEA MOU 11/21/12 - 06/30!13 Page 51 7-60 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERS'T'ANDING ("MOU") BETWEEN THE CITY OF CHULA VISTA AND THE MID MANAGERS/PROFESSIONAL ASSOCIATION/SEIU LOCAL 221, CLC, CTW ("MM/PA") REGARDING COMPENSATION AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT WHEREAS, the City of Chula V"ista has met and conferred in good faith with the Mid Managers/Professional Association/Service Employee's International Union Local 221, CLC, CTW ("MM/PA") in accordance with the provisions of the Meyers-Milias Brown Act ("MMBA"), California Govenunent Code sections 3500 et seq; and WHEREAS, the City and MM/PA have reached an agreement on compensation and other terms and conditions of employment and, consistent with the MMBA, have set forth those terms in a Memorandum of Understanding ("MOU"), a copy of which is available in the City's Clerk's Office and has been designated as Exhibit A for identification in this resolution; and WHEREAS, the aforementioned MOU was ratified, by a vote of the membership of the MM/PA on November 14, 2012. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby (1) approve the MOU between the City of Chula Vista and MM/PA as reflected in Exhibit A; (2) authorize the City Manager or his designee(s) to execute the aforementioned MOU; and (3) authorize the City Manager or his designee(s) to make such minor modifications to the MOU as may be recommended by the City Attorney's Office. Presented by Kelley K. Bacon, Director of Human Resources and Information Technology Services Departments Approwe^d^as-to_ form by ~~~v V ~V' Glen. R. Googins, City Attorney 7-61 ~1~// C11Y OF CHULA VlSfA MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF CHULA VISTA AND CHULA VISTA MID MANAGERS/PROFESSIONAL ASSOCIATION FY November 21, 2012 -June 30, 2013 MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA MID MANAGERS /PROFESSIONAL ASSOCIATION FOR FISCAL YEARS NOVEMBER 21, 2012 -JUNE 30, 2013. TABLE OF CONTENTS SECTION I ADMINISTRATION ................................................................. ....................... 3 ARTICLE 1.01 PREAMBLE ................................................................................ ....................... 3 ARTICLE 1.02 RECOGNITION .......................................................................... ....................... 3 ARTICLE 1.03 CITY RIGHTS ............................................................................. ....................... 4 ARTICLE 1.04 CVMM/PROFA RIGHTS ........................................................... ....................... 5 ARTICLE 1.05 LABOR-MANAGEMENT COOPERATION ............................. ....................... 6 ARTICLE 1.06 TERM AND EFFECT OF THIS MEMORANDUM OF UNDE RSTANDING 6 ARTICLE 1.09 RETENTION OF BENEFITS ........................................:............ ....................... 6 ARTICLE 1.10 SAVINGS CLAUSE .................................................................... ....................... 7 SECTION II COMPENSATION ........................................................................................ ... 8 SUBSECTION A. WAGES .................................................................................................... ... 8 ARTICLE 2.01 WAGES ........................................................................................................... ... 8 ARTICLE 2.02 ACTING PAY ................................................................................................. ... 8 ARTICLE 2.03 OUT-OF-CLASS ASSIGNMENT .................................................................. ... 9 ARTICLE 2.04 SPECIAL PROJECT PAY .............................................................................. ... 9 ARTICLE 2.05 BILINGUAL PAY ........................................................................................... ... 9 ARTICLE 2.06 MILEAGE REIMBURSEMENT .................................................................... ... 9 ARTICLE 2.07 SAFETY EQUIPMENT, PROTECTIVE CLOTHING, & TOOL ALLOWANCE.. . 10 ARTICLE 2.08 PROFESSIONAL ENRICHMENT ................................................................. . 10 SECTION II COMPENSATION ............................................................:........................... I 1 SUBSECTION B BENEFITS ................................................................................................. 11 ARTICLE 2.09 EMPLOYEE BENEFITS .................................................................................. 11 ARTICLE 2.10 GROUP TERM LIFE INSURANCE ................................................................ 14 ARTICLE 2.11 RETIREMENT ................................................................................................. 14 ARTICLE 2.12 DEFERRED COMPENSATION ...................................................................... 16 SECTION III HOURS ..................................................................... ....................................... 17 ARTICLE 3.01 WORK PERIOD ........................................................ ....................................... 17 ARTICLE 3.02 VACATION ............................................................... ....................................... 17 ARTICLE 3.03 SICK LEAVE ............................................................ ....................................... 18 ARTICLE 3.04 BEREAVEMENT LEAVE ........................................ ....................................... 20 ARTICLE 3:05 HOLIDAYS ..............:........................................:....... ...................................:... 21 ARTICLE 3.06 JURY DUTY ............................................................. ....................................... 22 ARTICLE 3.07 COURT LEAVE ........................................................ ....................................... 23 ARTICLE 3.08 JOB SHARING .......................................................... ....................................... 23 MM/PROFA MOU 11/21/12 - 06/30/13 Page 1 ARTICLE 3.10 LEAVES OF ABSENCE MILITARY LEAVE ............................................... 24 SECTION IV WORKING CONDITIONS ........................................ ................................... 25 ARTICLE 4.01 PROHIBITED PRACTICES ......................................... ................................... 25 ARTICLE 4.02 CLASSIFICATION STUDIES ...................................... ................................... 25 ARTICLE 4.03 FITNESS FOR DUTY ................................................... ................................... 26 ARTICLE 4.04 SUBSTANCE ABUSE POLICY .................................. .................................... 26 ARTICLE 4.05 MODIFIED DUTY ....................................................... .................................... 26 ARTICLE 4.06 DIRECT DEPOSIT ....................................................... .................................... 26 ARTICLE 4.07 GRIEVANCE PROCEDURE ....................................... .................................... 27 Appendix A ...................................................................................................31 Appendix B ..................................................................................................32 MM/PROFA MOU 11/21/12 - 06/30/13 Page 2 7-64 SECTION I ADMINISTRATION ARTICLE 1.01 PREAMBLE This Memorandum of Understanding (MOU) is entered into by the City of Chula Vista (City) and the Chula Vista Mid Managers /Professional Association (MM/PROF), SEIU Local 221, CLC, CTW, as a result of meeting and conferring in good faith concerning the wages, hours and other terms and conditions of employment, pursuant to the Employer-Employee Relations Policy of the City of Chula Vista and the California Government Code Section 3500 et. seq., known as the Meyers-Milias-Brown Act. ARTICLE 1.02 RECOGNITION The City recognizes MM/PROF, SEIU Local 221, CLC, CTW, as the-exclusive representative for employees in Classifications listed in Appendix A. Union Security Dues and Service Fees. Each employee covered by this Agreement shall, as a condition of continued employment at the City, within thirty (30) days of effective date of this Agreement or within thirty (30) days of first employment in a MM/PROF position, execute the appropriate documents, which shall be provided by the City, in order to comply with one of the following: a. Union Membership. Become and remain a member of the Union in good standing, or b. Service Fee Payer. Commence and continue to tender a service fee calculated by the Union. This service fee will be equivalent of a prorata allocation of the cost of collective bazgaining (i.e. agency fee) with the Employer. The employee's prorata allocation of collective bazgaining costs with the Employer shall be calculated in compliance with all applicable laws. c. Religious Exemption. Notwithstanding the above, any employee who is a member of and adheres to established and traditional tenets or teachings of a bona fide religious body or sect, which has historically held conscientious objections to joining or financially supporting labor organizations, shall not be required to join or financially support the Union. Such employee is, however, required to pay sums equal to the charitable fund exempt form taxation under Section 501 (c)(3) of Title 36 of the Internal Revenue Code. d. Maintenance of Membership. Any employee of the City covered under this agreement shall, as a condition of continued employment, maintain his or her membership for the duration of this agreement. e. Open Period. Notwithstanding any other provision of this Agreement, during the five (5) day period which constitutes the first full workweek of Mazch of each year of the Agreement, any person may eliminate his/her obligation to the Union under subsection 1 or subsection 2 above by providing written notice of such intentions to the Finance division with a copy to the Union. MM/PROFA MOU 11/21/12 - 06/30/13 Page 3 7-65 ARTICLE 1.03 CITY RIGHTS The MM/PROF agrees that the City has the right to unilaterally make decisions on all subjects that are outside the scope of bazgaining. The exclusive rights of the City shall include, but not be limited to: A. Establish, plan for, and direct the work force toward the organizational goals of the city government. B. Determine the organization, and the merits, necessity, and level of activity or service provided to the public. C. Determine the city budget. D. Establish, regulate, and administer a merit or civil service system which provides for all types of personnel transactions, including, but not limited to, determining the procedures and standards for the hiring, promotion, transfer, assignment, layoff, retention, and classification of positions in accordance with the City Charter, Civil Service Rules, and established personnel practices. E. Discipline or discharge employees for proper cause. F. Determine the methods, means, numbers, and kinds of personnel, and the job or position content required to accomplish the objectives and goals of the City. G. Subcontract out various services currently performed by City work force when such actions will result in cost savings to the City. H. Effect a reduction in authorized positions. I. Take actions necessary to carry out the mission of the City in emergencies and in other situations of unusual or temporary circumstances. J. Continue to exercise efficient and productive management practices consistent with federal and state laws and in compliance with the City Charter and City ordinances. Terms and conditions set forth in this MOU represent the full and complete understanding between the parties. During the term of this MOU, the MM/PROF expressly waives the right to meet and confer with respect to any subject covered in this MOU, unless modified through the MM/PROFA MOU 11/21/12 - 06/30/13 Page 4 -66 voluntary, mutual consent of the parties in a written amendment. This MOU terminates and supersedes those partial practices, agreements, procedures, traditions, and rules or regulations inconsistent with any matters covered in the MOU. The parties agree that during the negotiations that culminated in this MOU, each party enjoyed the opportunity to make demands and proposals or counter-proposals with respect to any matter, even though some matters were proposed and later withdrawn, and that the understandings and agreements arrived at after the exercise of that right and opportunity are executed in this MOU. The City's exercise of its management rights is not subject to challenge through the grievance procedure or in any other forum, except where otherwise in conflict with a specific term of this MOU, or when the exercised right involves a matter that is a mandatory subject of bargaining.. ARTICLE 1.04 CVMM/PROFA RIGHTS I. Authorized representatives of the MM/PROF shall be allowed reasonable access to unit employees during working hours for the purpose of consulting regarding the employer-employee relationship, provided that the work operation and service to the public are not impaired and the authorized representatives shall have given advance notice to, and been granted authorization by, the Appointing Authority or his or her designee when contacting unit employees during the duty period of the employees. The Appointing Authority or his or her designee shall determine the appropriate time for such access. A. MM/PROF may designate up to four (4) representatives (in addition to the President and Vice-President) who will be allowed reasonable access to unit employees. II. The MM/PROF may be granted use of City facilities by the appropriate Appointing Authority for meetings composed of unit employees, provided such meetings aze held outside regularly scheduled working hours for the group which is meeting, and provided space can be made available without interfering with the City needs. III. A reasonable amount of space shall be provided to MM/PROF on City bulletin boards for legitimate MM/PROF communications with members. The MM/PROF shall be responsible for maintaining the space provided in an orderly condition and shall promptly remove outdated materials. Copies of such communications shall be famished to the Director of Human Resources for review prior to posting. IV The City shall bill MM/PROF $0.10 per member: per pay period for the full costs incurred for dues deduction on behalf of MM/PROF. V. MM/PROF shall be provided, upon request, such literature and public documents as may be necessary (i.e., City budget, Civil Service Commission meetings, open Council MM/PROFA MOU 11/21/12 - 06/30/13 Page 5 7-67 conferences, etc) when the requested documents are not available on the City's Intranet or Internet. ARTICLE LOS LABOR-MANAGEMENT COOPERATION The parties agree that during the term of this MOU, they will continue to participate in efforts to contain health care costs. The City and MM/PROF agree that they will continue to have open discussions on matters of concern to the parties during the term of this MOU. The parties agree to develop policies to be included in the City of Chula Vista Policy and Procedures manual and included in this MOU by reference, in regard to an internal appeal process of application of all policy and procedures. The parties agree meet and develop mutually acceptable language on a=policy for the application of FLSA exempt status in relation to use of accumulated sick and vacation leave. ARTICLE 1.06 TERM AND EFFECT OF THIS MEMORANDUM OF UNDERSTANDING I. This MOU shall remain in full force and effect from November 21, 2012 through June 30, 2013 (the date closest to July 1 that is the end of a pay period) and it is understood and agreed that the terms, conditions, wages, and all provisions of this MOU shall continue in effect until a new MOU is negotiated and subsequently ratified by the MNUPROF and adopted by the City Council. If either party proposes to modify or terminate any of the terms or conditions set forth in this MOU for inclusion in a subsequent MOU, they must notify the other party in writing no later than March 1, 2013. II. The provisions of this MOU shall be subject to federal, state, and local law. ARTICLE 1.09 RETENTION OF BENEFITS The represented employees covered by this MOU shall retain all benefits provided in this MOLD for the full term of this MOU and for any such additional period of time as provided in Section L06. Benefits, rights, or privileges not specifically covered by this MOU, but subject to the _ Meyers-Milias-Brawn Act, may be acted upon by the City without mutual consent after meeting- - and conferring with MM/PROF. MM/PROFA MOU 11/21/12 - 06/30/13 Page 6 ARTICLE 1.10 SAVINGS CLAUSE If any article or section of this MOU is held to be invalid by operation of law or by any court of competent jurisdiction, or if compliance with, or enforcement of, any article or section is restrained by such court, the remainder of this MOU shall not be affected by such action. The parties shall if possible meet and confer for the. purpose of arriving at a mutually satisfactory replacement for any article or section invalidated by operation of ]aw. MM/PROFA MOU 11/21/12 - 06/30/13 Page 7 7-69 SECTION II COMPENSATION SUBSECTION A. WAGES ARTICLE 2.01 WAGES I. MM/PROF represented employees aze FLSA-exempt. II. MM/PROF-SEN represented employees shall receive aone-time stipend in the amount of $750 by the end of December 2012. This one-time stipend is not intended to and does not meet the definition of special compensation outlined in the California Code of Regulations 571 (a) and therefore is not a reportable compensation to Ca1PERS. The City agrees that in February of 2013 it and MM/PROF shall meet to discuss a compensation policy, including discussions having MM/PROF-in the "top of the middle third in wages." The parties may meet sooner by mutual agreement. III. Merit (Step) Increases will be made according to the formula set forth in the Civil Service rules currently in effect at the time the Merit Increase is due. All represented classifications shall be subject to a five (5)-step salary range. The normal hire rate shall be Step "A" provided, however, that an exceptionally well-qualified candidate may be hired beyond Step "A" within the established range based upon the recommendation of the Appointing Authority and the Director of Human Resources and with approval by the City Manager. IV. Effective Dates -All other payroll and wage changes, such as regular merit increases, shall be made effective at the beginning of the regulaz biweekly payroll period closest to the employee's actual anniversary date as a benefited employee in his or her current position. V. Rate of Pay Following Promotion - When a represented employee is promoted, the new rate of pay will be the lowest step in the new salazy range which will result in the employee receiving at least 5% more than the actual base rate in the former classification. ARTICLE 2.02 ACTING PAY MM~/PROF employees may receive acting pay when they are temporazily assigned to a vacant position to perform the duties of a higher paid classification. Acting pay shall be approved by the City Manager or his or her designee prior to the assignment: The assignment shall be for a period of more than 10 consecutive work days, and the employee may be compensated with a minimum of 5 percent above current salary rate, up to a maximum of 20 percent, effective the next full pay period following the commencement of the assignment. MM/PROFA MOU 11/21/12 - 06/30/13 Page 8 ARTICLE 2.03 OUT-OF-CLASS ASSIGNMENT I. When an employee is assigned to perform the duties of a higher paid classification for a period of more than 10 consecutive workdays, the assignment must be approved in advance by the City Manager or his or her designee and the employee may be compensated with a minimum of 5 percent above current salary rate up to a maximum of 20 percent, effective the next full pay period. II. The duration ofout-of--class assignments shall not exceed twelve months. NOTE: For clarification, Out-of--Class Assignment is differentiated from Acting Pay in that Out-of--Class Assignments aze granted to an employee remaining in their current classification, but performing higher-level duties even though no vacancy may exist at the higher level. Acting Pay is granted to employees assuming the duties of a vacant, higher level position for a period of time. ARTICLE 2.04 SPECIAL PROJECT PAY MM/PROF represented employees may be eligible to receive a maximum of 10% above their normal base pay when assigned by the City Manager to a special project. ARTICLE 2.05 BILINGUAL PAY Those employees who are regularly required to use their bilingual skills in the performance of their duties, upon the recommendation of the Appointing Authority and approval of the Director of Human Resources, and successful completion of a Bilingual Performance Examination will receive $100 per month in addition to their regular pay. Employees who wish to continue receiving bilingual pay must successfully complete a Bilingual Performance Examination once every three (3) years. ARTICLE 2.06 MILEAGE REIMBURSEMENT Employees shall be subject to the City's Mileage Reimbursement Program when required to use their personal vehicle for authorized City business. The reimbursement rate will be equal to the current maximum IRS rate. MM/PROFA MOU 11/21/12 - 06/30/13 Page 9 7-71 ARTICLE 2.07 SAFETY EQUIPMENT, PROTECTIVE CLOTHING, AND TOOL ALLOWANCE MM/PROF, upon recommendation of their Department Head, shall receive $150 towards the purchase of safety shoes. ARTICLE 2.08 PROFESSIONAL ENRICHMENT Employees represented by MM/PROF aze eligible to participate in the City's Professional Enrichment Program. The annual Professional Enrichment Fund allotment for MM/PROF employees is $15,000. An employee is eligible to receive up to $250 per fiscal year for professional enrichment. Funds may be used at any time during the fiscal year. Fiscal year reimbursements under the City's "Professional Enrichment" will be closed the second Thursday in June. Employees may request reimbursement for professional enrichment expenses in accordance with Internal Revenue Code Section 132, or any other applicable state and federal law. Employees must receive approval from their Appointing Authority and the City Manager's designee before funds may be claimed for reimbursement. Reimbursements aze on a first come, first serve basis until the funds have been exhausted. MM/PROF and City may by mutual agreement use up to one-half of these funds for agreed upon classroom training, organizational development, or team-building. MM/PROFA MOU 11/21/12 - 06/30/13 Page 10 7-72 SECTION II COMPENSATION SUBSECTION B BENEFITS ARTICLE 2.09 EMPLOYEE BENEFITS Employees aze eligible for benefits if employed: A. directly by the City of Chula Vista and B. working in a half time (40-hours) or more position in an 80-hour biweekly pay period. I. Cafeteria Plan The City will provide to each represented employee a Cafeteria Plan allotment to purchase benefits qualified under Section 125 of the Internal Revenue Code. MM/PROF acknowledges that Section 125 of the IRC requires that the Cafeteria Plan be adopted by the City Council prior to the end of the calendar yeaz. Accordingly, the City and MM/PROF agree: (1) That the parties will meet at the earliest possible time to discuss Cafeteria plan changes; (2) That the parties may prepaze a timeline/schedule to ensure timely and expeditious discussions; (3) That the parties shall engage in good faith discussions; (4) That if the discussions have reached impasse and there is sufficient time prior to the required IRC plan adoption date or if both parties otherwise agree, the parties will submit the matter for non-binding advisory mediation, with the mediator agreed upon by all parties; and (5) The City Council, to ensure timely Section 125 IRC compliance, may at any time in the month of December unilaterally adopt the Plan Document containing the specific provisions of the Plan (including plan changes) without mutual agreement and prior to the completion of pazagraphs 1-4 of this section. A. Enrollment Newly eligible employees (new hires or those changing from an ineligible to an eligible position) will be covered under the City's Cafeteria Benefits Plan effective their date of hire in that eligible position. All of the Cafeteria Benefits are effective from the employee's date of hire except the Dental Plans which aze effective the first of the month following the employee's date of hire in an eligible position. Employees who fail to submit required benefit election forms within 30 days of their date of eligibility will automatically be er:rolled in the Employee Only category of the lowest cost City MM/PROFA MOU 11/21/12 - 06/30/13 Page 11 7-73 sponsored health plan available with the remaining balance of the Cafeteria Benefits Ylan allotment being placed in the taxable cash option. Employees who fail to submit required benefit election forrns during Open Enrollment will be enrolled in their same health plan with all other elections being cancelled and the balance of their flex allotment being placed in the taxable cash option. B. Cafeteria Plan Allotment MM/PROF represented employees shall receive a Cafeteria Plan allotment of $12,762, effective calendar year 2013, to purchase eligible benefits. Eligible part-time benefited employees will receive an allotment in the proportion that such part-time employment bears to full-time employment. To maintain relative buying power to purchase health benefits from the Cafeteria Plan allotment, annually, thereafter, the City will share the average cost increase of the full- family non-indemnity health plan premiums on a 50/50 basis with members. For 2013 the plans used included the Kaiser and Aetna HMO plans. C. Available Cafeteria Benefits 1. Health Insurance From the Cafeteria Plan allotment, each represented employee must select coverage for him or herself under one of the City sponsored medical plans. However, if the employee has group medical insurance from another reliable source that is acceptable to the City of Chula Vista Department of Human Resources, the employee may elect to decline medical insurance from a City provider and apply the value, of the City's "Flexible Benefit Plan" contribution to other available City Flex options. Any employee married to another benefited City employee who is covered under his or her spouse's plan may waive coverage under the Cafeteria Plan and will receive full credit. Any employee who declines medical insurance coverage may enroll in the City medical plan prior to the next open enrollment only if the employee involuntarily loses the coverage. Enrollment application must be received iri Human Resources within 30 days from loss of coverage. The employee, through payroll deductions, will pay any premium cost in excess of the Cafeteria Plan Allotment. 2. Dental (Optional) Represented employees will be eligible to participate in any City sponsored group dental plan. Any difference between the employee's MM/PROFA MOU 11/21/12 - 06/30/13 Page 12 7-74 available Cafeteria Plan allotment and the premium for the selected plan will be paid by the employee through payroll deductions. 3. Dental/MedicaUVision (D/M/V) and Dependent Care Reimbursement Accounts (Optional) Represented employees may allocate a portion of their Cafeteria Plan Allotment to either or both of these reimbursement account options. 4. Vision (Optional) Represented employees will be eligible to participate in a City sponsored group vision plan. Any difference between the employee's available Cafeteria Plan allotment and the premium for the selected plan will be paid by the employee through payroll deductions: 5. Cash (Optional) Represented employees may allocate a portion of their Cafeteria Plan Allotment to a taxable cash payment. These payments will be paid to employees on a pro-rata accrual two times per benefit year. 6. Flexible Spending Accounts (FBAs) -Health Caze and Dependent Caze Represented employees will be eligible to participate in the two Flexible Spending Account (FSA) options offered by the City. Employees may elect to set aside a portion of their salary, on a pre-tax basis, to fund eligible health care and dependent caze expenses. If the City does not meet IRS regulations, or if the IRS regulations change for any reason, this benefit may be discontinued. The City reserves the right to contract with a Third Pariy Administrator for the administration of FBAs. The City will pay the start-up costs associated with third party administration. Participating employees will pay any required fees (monthly, per employee, per transaction, etc.). D. Short-Term/Long-Term Disability The City agrees to contribute the amount necessary to provide short-term disability and long-term disability protection for. each represented employee. MM/PROFA MOU 11/21/12 - 06/30/13 Page 13 7-75 Short-Term Disability- A thirty (30) day elimination period with a maximum benefit subject to, and in accordance with, the provisions set by the group disability plan. Long-Term Disability- A ninety (90) day elimination period with a maximum benefit subject to, and in accordance with, the provisions set by - the group disability plan. ARTICLE 2.10 GROUP TERM LIFE INSURANCE The City agrees to pay the premium for $50,000 of group term life insurance and accidental death and dismemberment insurance for each represented employee. Represented employees may purchase supplemental group term life insurance in $10,000 increments up to a maximum of $550,000 or four (4) times the employee's annual salary, whichever is less. Supplemental life insurance for the employee's spouse is available in $10,000 increments up to $100,000 or 50% of the employee's coverage, whichever is less through the City's group insurance plan. ARTICLE 2.11 RETIREMENT The City will provide to represented members retirement benefits via contract with the California Public Employees Retirement System (Ca1PERS) as set forth in the California Government Code. The City will provide the following defined benefit formulas for local miscellaneous employees: Tier 1 Local Miscellaneous 3% @ 60 Tier 2* Local Miscellaneous 2% @ 60 Tier 3** Local Miscellaneous 2% @ 62 *New Ca1PERS members on or after 04/22/2011 through 12/31/2012 **New Ca1PERS members on or after 01/01/2013 Tier 1: 3% @ 60 Local miscellaneous represented employees in Tier 1 shall contribute 8%, which will be applied to the City's contribution to Ca1PERS for optional benefits. The following is a summary of Tier 1 Ca1PERS contract provisions: A. One-Year Final Compensation B. Post-Retirement Survivor Allowance C. Credit for Unused Sick Leave D. 4m Level 1959 Survivor Benefit. MM/PROFA MOU 11/21/12 - 06/30/13 Page 14 7-76 E. Military Service Credit as Prior Service F. Cost of Living Allowance (2%) G. Post-Retirement Survivor Allowance Continuance H. Pre-Retirement Death Benefit for Spouse I. Retired Death Benefit $5,000 7. Prior Service Credit K. Emp]oyer Paid Member Contributions reported as earnings Tier 2: 2% @ 60 Local miscellaneous represented employees in Tier 2 shall contribute 7%, which will be applied to the employee contribution to Ca1PERS. The following is a summary of Tier 2 Ca1PERS contract provisions: A. Three-Year Final Compensation B. Post-Retirement Survivor Allowance C. Credit for Unused Sick Leave D. 4m Level 1959 Survivor Benefit E. Military Service Credit as Prior Service F. Cost of Living Allowance (2%) G. Post-Retirement Survivor Allowance Continuance H. Pre-Retirement Death Benefit for Spouse I. Retired Death Benefit $5,000 J. Prior Service Credit Tier 3: 2% @ 62 Local miscellaneous represented employees in Tier 3 shall be responsible for the full employee contribution, which will be applied to the Ca1PERS employee contribution. There is no Employer-Paid Member Contribution (EPMC). Final compensation will be computed based on the highest average compensation during a consecutive 36-month period, subject to the compensation limit set by Ca1PERS. Contract provisions for Tier 3 benefits will be determined by Ca1PERS pursuant to the California Public Employees' Pension Reform Act of 2013. MM/PROFA MOU 11/21/12 - 06/30/13 Page 15 7-77 ARTICLE 2.12 DEFERRED COMPENSATION MM/PROF members shall be eligible to participate in any approved deferred compensation plan offered by the City. MM/PROFA MOU 11/21/12 - 06/30/13 Page 16 7-78 SECTION III HOURS ARTICLE 3.01 Alternative Work Schedules I. 'The Union and the City agree to support the use of the various work scheduling arrangements. As such the Union and the City agree to continue the application of alternative work schedules under Human Resources Department Policies and Procedures Policy #912 as written and in effect as of July 8, 2009. Policy #912 is incorporated in this MOU by reference. ARTICLE 3.02 VACATION I. Definitions For the purpose of this article, the definitions relating to vacations as found in the Civil Service rules shall apply. II. Vacation A. Vacation Accrual -Continuous service: Each employee paid at a biweekly rate who has had continuous full-time active service shall be entitled to vacation with pay. This benefit will be calculated based on 26 pay periods per fiscal yeaz. The following provisions shall apply: 1. Employees will accrue 80-hours annually during the first through fourth years of service. 2. Employees will accrue and be eligible to receive 120-hours annually during the fifth through ninth year of service. Employees will accrue and be eligible to receive 160-hours annually during the tenth through fourteenth yeazs of service. 4. Employees will accrue and be eligible to receive 200-hours annually during the fifteenth and succeeding yeazs of service. 5. Maximum Vacation Accrual - at no time may an employee have more than three- years of vacation leave accumulated. No credits shall be accrued above this limit and any time in excessof the three-year limitation will be lost. 6. Vacation accrual rate changes-will become effective at the beginning of the pay period closest to the actual date; which includes the employee anniversary date of benefited status. 7. Vacation Sell Back -All members of represented classifications who have completed at least five (5) years of service shall have the option of selling a total MM/PROFA MOU 11/21/12 - 06/30/13 Page 17 7-79 of 80-hours of vacation per fiscal yeaz back to the City two times per fiscal year in 40 hour increments. B. Each part time employee paid at a biweekly rate shall be entitled to vacation with pay. The number of working days of such vacation shall be computed on the basis set forth in subsection (2), (3), (4), or (5) and shall be in the proportion that such part-time employment beazs to full-time employment. C. Employees separated from City service, whether voluntarily or involuntarily, shall be granted all of the unused vacation to which they are entitled based upon continuous service computed on the basis set forth in subsection (2), (3), (4), or (5). Payment shall be made hour-for-hour with any portion of an hour being considered a full hour. D. Vacation Use -Vacation leave balances shall be reduced for actual time not worked to the neazest quarter hour. Absences may not be charged to vacation not already accumulated. ARTICLE 3.03 SICK LEAVE I. Accumulated paid sick leave credit is to be used for the sole purpose of protecting the employee's wages in the event absence is made necessazy because of disability due to the injury or illness of the employee or members of their immediate family. For purposes of this article, immediate family is defined as spouse, domestic partner, child, stepchild, parent, stepparent, sibling, pazent-in-law, grandpazent, or any other person living as a member of the employee's immediate household. II. Sick Leave Accrual -Computation of sick leave: Sick leave with pay is cumulative at the rate of 3.69 working hours for each biweekly pay period of active service, 96 hours annually, begimung at the time of full-time probationary employment. This benefit is calculated on 26 pay periods per fiscal year. Permanent part-time employees shall receive sick leave pay in the proportion that such part-time employment bears to full-time employment. A person who has held a position with temporary or interim status and is appointed to a position with permanent status, without a break in service, may have such time credited to sick leave upon the recommendation of the Appointing Authority and the Human Resources Director and with the approval of the City Manager. III. Maximum Sick Leave Accumulation -Unused sick leave may be accumulated in an unlimited amount. IV. Sick Leave Use -Sick leave balances shall be reduced for actual time not worked to the neazest quarter hour for reasons allowable under this section. Absence for illness may not be chazged to sick leave not already accumulated. MM/PROFA MOU 11/21/12 - 06/30/13 Page 18 In order for sick leave to be approved, the employee must call his or her supervisor within one-hour of the time to begin work. If the supervisor is unavailable, the employee must leave word with a designated individual that he or she is too sick to come to work or has a contagious condition that would make his or her presence at the worksite dangerous for other employees. In cases where it is impossible to call (e.g., in hospital, unconscious, or other legitimate reasons) the supervisor shall withhold approval of sick leave until the employee can explain why he/she did not call within the one-hour. The supervisor will then make a determination as to the allowability of sick leave use. V. Sick Leave Verification -The City may, in its discretion, require a medical provider's certificate and/or a personal sworn affidavit stating that the employee is unable to perform the essential functions of his or her job in order to determine eligibility for sick leave. If an employee is to be required to furnish a doctor's certificate, the employee shall be notified by his or her supervisor that a medical providers certificate shall be required when the employee notifies the City that he or she will be absent by reason of illness or disability of themselves or an immediate family member. Sick leave verification may be requested at any time it appears there is a pattern or practice of sick leave use that could be related to abuse, regazdless of whether or not the individual has a sick leave balance on the books. Exhaustion of sick leave balances does not automatically trigger the verification requirement. When verification is required, the employee must show immediate improvement in leave usage. Sick leave will then be monitored for a period of six-months. If at any time during that period there is any abuse of sick leave, the employee will be subject to disciplinary action up to and including termination. VI. Sick Leave Reimbursement A. Employees using thirty-two hours (32) of sick leave, or less, during the fiscal year, shall have the option of converting twenty-five percent (25%) of their remaining yearly sick leave to pay. B. Pay shall be computed based on the following schedule and all computations shall be rounded to the nearest whole hour: RFMATNTN(: VT%ART,V ST('K T,F.AVF, , . -PAY OPTION (25%1 96 hrs 24 hrs 88 hrs 22 hrs 80 hrs 20 hrs 72 hrs 18 hrs MM/PROFA MOU 11/21/12 - 06/30/13 Page 19 7-81 64 hrs I 16 hrs I 56 hrs or less I p I C. If the pay option is selected, the paid sick leave hours shall be subtracted from the employee's accumulated yearly sick leave balance. The remaining sick leave hours shall be carried over and accumulated. (Example: F,mployee uses 32 hours of sick leave. He or she then elects to receive pay for 25% of the remaining hours as payment, or 16 hours. The 16 hours are subtracted from his or her remaining yeazly sick leave and the other 48 hours are added to the employee's accumulated sick leave balance.) D. Payment will be made during the month of July of each year. Pay will be computed based on the employee's salary on June 15. E. Payment will be made only to employees on the payroll twelve (12) consecutive months prior to the payoff calculation. Permanent employees who retire during the fiscal year will be compensated under this plan based upon their formal retirement date. Prorated payments will not be made to an employee who terminates during the fiscal year. However, in the event of the death of an individual while employed by the City, 100% of the employee's unused, accumulated sick leave will be paid to the appropriate beneficiary as prescribed by law. I. Termination of Sick Leave Balances Upon the independent determination of Ca1PERS that anon-safety employee is disabled from the performance of their duties, the employee shall not be entitled to use any remaining sick leave to cover absence beyond their FMLA entitlement. Sick leave balance may be applied to applicable PERS service credit. An application for a disability retirement, either employee or employer initiated, shall not affect the employee's rights under Workers Compensation laws. ARTICLE 3.04 ~ BEREAVEMENT LEAVE When an employee with permanent status is compelled to be absent from work because of the death of an immediate family member as defined in the IRS, or any other person living in the same household or those defined in subsection 2 of this article; and after such employee makes written request and receives written approval from their Appointing Authority when staffing permits, such employee shall be allowed to use their accumulated sick leaver .,vacation, compensatory time or floating holiday time for up to five (5) calendar days, plus three (3) travel days. MM/PROFA MOU 11/21/12 - 06/30/13 Page 20 7-82 1. The employee shall be granted time off without loss of pay to attend the funeral of a deceased current co-worker at the discretion of the supervisor for up to two (2) hours. 2. In the case of death of a member of the employee's immediate/extended family, an employee shall be allowed up to five (5) working days of bereavement leave. Members of the immediate/extended family are normally considered to be the spouse, registered domestic partner, children, father, mother, brothers, sisters, grandparents, grandchildren, father/mother-in-law, sister/brother-in-law, or daughter/son-in-law. Also included as extended family are step-family members who have at any time lived in the household with the employee. 3. For absences to attend the funeral of a relative other than a member of the immediate/extended family, an employee shall be allowed up to one day of bereavement leave and shall use their accumulated leave. 4. An employee shall be granted up to four (4) hours of bereavement leave and shall use their accumulated leave to attend the funeral of a friend. 5. Bereavement leave for part time employees shall be pro-rated, that is, in the ratio of the average part-time work-week to a forty (40) hour week. ARTICLE 3.05 HOLIDAYS I. The City will be closed on the following hard holidays: Independence Day, Labor Day, Veterans Day, Thanksgiving, Day after Thanksgiving, Christmas, New Yeaz's Day, Martin Luther King Jr.'s Birthday, Cesar Chavez Day, Memorial Day. II. Employees who work a flexible schedule (a 4-10 shift schedule for example) and who cannot observe a normal holiday schedule: A. If a hazd holiday falls on .the employee's regulazly scheduled day off, the employee will receive eight (8) hours holiday pay. The employee must use the appropriate number of hours of vacation or holiday time to supplement the eight- hours (8) of holiday time in order to reach 40-hours for that workweek, if the normally scheduled shift was greater than eight (8) hours. B. If a hard holiday falls on an employee's regularly scheduled workday and the employee takes that day off, he of she witl receive eight (8) hours of holiday pay for that day. The employee must use the appropriate number of hours of vacation or holiday time to supplement the eight-hours (8) of holiday time in order to reach 40-hours for that workweek, if the normally scheduled shift was greater than eight (8) hours. MM/PROFA MOU 11/21 /12 - 06/30/13 Page 21 7-83 III. Floating Holidays A. .mount -Effective the first pay period of the fiscal year during this MOU, employees shall be credited with eight (8) hours Floating Holiday time each for Lincoln's Birthday, Washington's Birthday, and Admission Day. Permanent part-time employees paid at a bi-weekly rate shall be credited floating holiday time in the proportion that such part-time employment bears to full-time employment. Employees may take floating holiday time at their discretion, subject to staffing needs and with the approval of their Appointing Authority. B. Floating Holiday Use -Employees using floating holiday time before the holiday passes and subsequently leaving City service will be chazged for such time. Employees who do not use their floating holiday time before June 30 of the fiscal yeaz will lose such time. The smallest unit of time chargeable to floating holiday time is one half hour. IV. Management Leave A. MM/PROF Middle Managers/Professionals will receive 88 hours of Management Leave each fiscal year. ARTICLE 3.06 NRY DUTY Employees who aze called to serve on jury duty for any county, state, or federal court within the San Diego area shall be entitled to paid leave under the following circumstances: I. They must present to their supervisor the court order to appeaz for jury duty at least three (3) weeks prior to their date to report. II. The employee must submit a daily court authorized, stamped time cazd accounting for all hours of required service ordered by the court. IIL If jury service and travel time from court to work is less than five (5) hours (7 hours for person on a 4/10 plan) in a work day, the employee is expected to return to work unless a justification is provided and approved or pre-authorized leave is approved. IV. Employees who are required to serve jury duty on their scheduled days off will not be compensated for this time and may keep any fees paid by the court. V. If the employee is not required to report for jury duty on any particular day(s) the employee is then expected to be at work as per his or her normal schedule. MM/PROPA MOU 11/21/12 - 06/30/13 Page 22 VI. It is the employee's responsibility to inform his or her supervisor on a daily basis if they are required to report for jury duty the following day. This may include calling the supervisor after or before normal working hours. VII. Absence due to jury duty will be submitted on the City leave form. ARTICLE 3.07 COURT LEAVE Court leave is paid leave granted by the City to enable an employee to fulfill his or her duty as a citizen to serve as a witness in a court action to which the employee is not a party, before a federal or superior court located within San Diego County. Court leave shall be limited to: Required attendance before a federal or superior court located within San Diego County. IL Time in attendance at court together with reasonable travel time between court and work if attendance is for less than a full day and the employee can reasonably be expected to return to work. III. Court leave shall not be granted when the employee is paid an expert witness fee. IV. Court leave will only be granted to employees who are not litigants in the civil case nor related to litigants in the civil case or defendants in a criminal case. V. Employees shall provide their supervisor with a copy of the legal subpoena and provide other documentary evidence of service. ARTICLE 3.08 JOB SHARING The City will make reasonable accommodation for an employee in a regular position who desires to share his or her job with another qualified employee or eligible person. Jobs may be shared on an hourly or daily basis. All legally permissible benefits will be pro-rated. Each employee shall be notified in writing by the Appointing Authority (as defined in the City Charter) at the time of the appointment and such notification will clearly define the benefits to which each employee is entitled. MM/PROFA MOU 11/21/12 - 06/30/13 Page 23 7-85 ARTICLE 3.10. LEAVES OF ABSENCE MILITARY LEAVE For purpose of this MOU, the Civil Service-Rules regarding Military Leave and Leaves of Absence are incorporated by reference as though set out in full in this article. MM/PROFA MOU 11/21/12 - 06/30/13 Page 24 7-86 SECTION IV WORHING CONDITIONS ARTICLE 4.01 PROHIBITED PRACTICES I. MM/PROF pledges it shall not cause, condone or counsel its unit members or any of them to strike, fail to fully and faithfully perform duties, slow down, disrupt, impede or otherwise impair the normal functions and procedures of the City. IL Should any unit employees during the term of this Memorandum of Understanding breach the obligations of Pazagraph I, the City Manager or his or her designee shall immediately notify MM/PROF that an alleged prohibited action is in progress. III. MM/PROF shall as soon as possible, and in any event, within eight working hours disavow any strike or other alleged prohibited action, shall advise its members orally and in writing to immediately return to work and/or cease the prohibited activity and provide the City Manager with a copy of its advisement or, alternatively, accept the responsibility for the strike or other prohibited activity. IV. If MM/PROF disavows the prohibited activity and takes all positive actions set forth in this MOU in good faith, the City shall not hold MM/PROF financially or otherwise responsible. The City may impose such penalties or sanctions as the City may appropriately assess against the participants. V. Should MM/PROF during the term of this Memorandum of Understanding breach its obligations or any of them under this section, it is agreed that the City shall pursue all legal and administrative remedies available to the City that in its discretion it may elect to pursue. VI. There shall be no lockout by the City during .the term of this Memorandum of Understanding. ARTICLE 4.02 CLASSIFICATION STUDIES The Human Resources Department conducts on-going classification and compensation studies pursuant to the provisions of the Civil Service rules. In the event MM/PROF wishes to request a classification or compensation study for an individual or a classification, it may do so by providing a written request to the Director of Human Resources. Written requests must provide significant justification to support the request for the study. MM/PROFA MOU 11/21/12 -06/30113 Page 25 7-87 ARTICLE 4.03 FITNESS FOR DUTY The parties agree that physical and mental fitness of City employees are reasonable requirements to perform the duties of the job and instill public confidence. Recognizing these important factors, the parties agree that during the term of this MOU, the City with reasonable cause, may require medical and psychological assessments of employees, provided the City pays and provides time off without loss of pay for such assessments. All such assessments shall be done by appropriately qualified health caze professionals. It is understood that the assessment regimen performed by said professionals shall be reasonably related to the requirements and duties of the job. Any treatment or remedial action shall be the full responsibility of the employee, except as otherwise provided by law or as may be provided through the Employee Assistance Program (EAP) for City employees. ARTICLE 4.04 SUBSTANCE ABUSE POLICY Employees represented by IvIM/PROF are subject to the City's Substance Abuse Policy. ARTICLE 4.05 MODIFIED DUTY When an employee is injured on the job and, according to their physician, is able to return to work with limitations, the City will make every effort to place the employee in a modified duty assignment as closely approximating as possible the type of work the employee normally does, until he or she is released back to full duty. The nature of the assignment will depend on the physical restrictions of the employee as stated by the treating physician and the availability of a modified position in the department that is consistent with the physical restrictions. Notwithstanding the above, the acceptance of a modified duty assignment, if available, will be mandatory. ARTICLE 4.06 DIRECT DEPOSIT All employees hired after the effective date of this MOU, as a condition of employment will be required to provide authorization to the City's Director of Finance to electronically deposit their paychecks to a financial institution of their choice. MM/PROFA MOU 11/21/12 - 06/30/13 Page 26 ARTICLE 4.07 GRIEVANCE PROCEDURE This grievance procedure shall be in effect during the full term of this Memorandtnn of Understanding. Section 1. PURPOSE. The purposes and objectives of the grievance procedure are to: (1) Resolve disputes arising from the interpretation, application, or enforcement of specific terms of this agreement. (2) Encourage the settlement of disagreements informally at the employee-supervisor level and provide an orderly procedure to handle grievances through the several supervisorylevels where necessary. (3) Resolve grievances as quickly as possible and correct, i-f possible, the causes of grievances thereby reducing the number of grievances and future similar disputes. Section 2. DEFINITIONS. For the purpose of this grievance procedure the following definitions shall apply: (1) Manager: The City Manager or his or her authorized representative. (2) Day: A calendaz day, excluding Saturdays, Sundays, and hard holidays as described by this agreement. (3) Appointing Authority: The chief executive officer of a department. (4) Director of Human Resources: The Director of Human Resources or his or her authorized representative. (5) Employee: Any officer or regulaz (not temporary) employee of the City, except an elected official. (6) Employee representative: An individual who speaks on behalf of the employee. (7) Grievance: A complaint of an employee or group of employees arising out of the application or interpretation of a specific clause in this agreement. (8) Immediate Supervisor: The individual who assigns, reviews, or directs the work of an employee. (9) Superior: The individual to whom an immediate supervisor reports. MM/PROFA MOU 11/21/12 - 06/30/13 Page 27 7-89 Section 3. REVIEWABLE AND NON-REVIEWABLE GRIEVANCES. (1) To be reviewable under this procedure a grievance must: (a) Concern matters or incidents that have occurred in alleged violation of a specific clause in this agreement; and (b) Specify the relief sought, which relief must be within the power of the City to grant in whole or in part. (2) A grievance is not reviewable under this procedure if it is a matter which: (a) Is subject to those reserved City Management Rights as stipulated under Section 4 of the Employer-Employee Relations Policy for the City of Chula Vista or under management rights as specified in this agreement. (b) Is reviewable under some other administrative procedure and/or rules of the Civil Service Commission such as: 1. Applications for changes in title, job classification, or salary. 2. Appeals from formal disciplinary proceeding. 3. Appeals arising out of Civil Service examinations. 4. Appeals from work performance evaluations. 5. Appeals that have Affirmative Action or civil rights remedy. (c) General complaints not directly related to specific clauses of this agreement. (d) Would require the modification of a policy established by the City Council or by law. (e) Relates to any City group insurance or retirement programs. Section 4. GENERAL PROVISION OF THE GRIEVANCE PROCEDURE. (1) Grievances may be initiated only by the employee or employees concerned and may not be pursued without his or her or their consent. (2) Procedure for Presentation. In presenting his or her grievance, the employee shall follow the sequence and the procedure outlined in Section 5. MM/PROFA MOU 11/21/12 - 06/30/13 Page 28 7-90 (3) Prompt Presentation. The employee shall discuss his or her grievance with his or her immediate supervisor within ten (10) working days after the act or omission of management causing the grievance, or within ten (10) working days of when the employee, with the exercise of reasonable diligence, should have discovered the act or omission being grieved. (4) Prescribed Form. The written grievance shall be submitted on a form prescribed by the Director of Human Resources for this purpose. (5) Statement of Grievance. The grievance shall contain a statement of: (a) The specific situation, act or acts complained of as an agreement violation; (b) The inequity or damage suffered by the employee; and (c) The relief sought. (6) Employee Representative. The employee may choose someone to represent him or her at any step in the procedure. No person hearing a grievance need recognize more than one representative for any employee at any one time, unless he or she so desires. (7) Handled During Working Hours. Whenever possible, grievances will be handled during the regulazly scheduled working hours of the parties involved. (8) Extension of Time. The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended. (9) Consolidation of Grievances. If the grievance involves a group of employees or if a number of employees file separate grievances on the same matter, the grievances shall, whenever possible, be handled as a single grievance. (10) Settlement. Any complaint shall be considered settled without prejudice at the completion of any step if all parties aze satisfied or if neither party presents the matter to a higher authority within the prescribed period of time. (I l) Reprisal. The grievance procedure is intended-to assure a grieving employee the right to present his or her grievance without fear of disciplinary action or reprisal by his or her supervisor, superior, or Appointing Authority, provided he or she observes the provisions of this grievance procedure. MM/PROFA MOU 11/21/12 - 06/30/13 Page 29 7-91 (12) Back Pay. The resolution of a grievance shall not include provisions for back pay retroactive further than twenty (20) working days prior to the date the grievance is filed. However, if with the exercise of reasonable diligence the act or omission being grieved was not discovered within 10 working days of its occurrence, and the grievance is subsequently timely filed pursuant to Section 3, then the resolution of the grievance may include provision for back pay for a maximum period of one year from the date the grievance was filed. Section 5. GRIEVANCE PROCEDURE STEPS. The following procedure shall be followed by an employee submitting a grievance pursuant to policy: Step 1 Discussion with Supervisor. The employee shall discuss his or her grievance with his or her immediate supervisor informally. Within three (3) working days, the supervisor shall give his or her decision to the employee orally. Step 2 Written Grievance to Superior. If the employee and supervisor cannot reach an agreement as to a solution of the grievance or the employee has not received a decision within the three (3) working days' limit, the employee may within seven (7) working days present his or her grievance in writing to his or her supervisor who shall endorse his or her comments thereon and present it to his or her superior within seven (7) working days. The superior shall hear the grievance and give his or her written decision to the employee within seven (7) working days after receiving the grievance. Step 3 Grievance to Appointing Authority. If the employee and superior cannot reach an agreement as to a solution of the grievance or the employee has not received a written decision within the seven (7) working days' limit, the employee may within seven (7) working days present his or her grievance in writing to his or her Appointing Authority. The Appointing Authority shall hear the grievance and give his or her written decision to the employee within seven (7) working days after receiving the grievance. Step 4 Grievance to Director and Manager. If the grievance is not settled at the Appointing Authority level, it may be submitted by the Association Representative within twenty (20) working days to the Director of Human Resources, who shall investigate and report his or her findings and recommendations to the City Manager within ten (10) working days. The- City Manager shall provide his or her answer within ten (10) additional working days. The times indicated may be extended by mutual agreement. Any employee-grievance will be filed with the Association Representative at Step 4: Following the submission of the City Manager's answer, and before going to Section 6, Advisory Arbitration, matters which are unresolved shall be discussed MM/PROFA MOU 11/21/12-06/30/13 Page 30 at a meeting between the parties during which all pertinent facts and information will be reviewed in an effort to resolve the matter through conciliation. Section 6. ADVISORY ARBITRATION. Any dispute or grievance which has not been resolved by the grievance procedure may be submitted to advisory arbitration by the Association Representative or the City without the consent of the other party providing it is -submitted within ten (10) working days, following its termination in the grievance procedure. The following Advisory Arbitration procedures shall be followed: (1) The requesting party will notify the other parry in writing of the matter to be arbitrated and the contract provision(s) allegedly violated. Within five (5) working days of the receipt of this notice, the parties may agree upon an arbitrator, or a panel of three arbitrators trained in conducting grievance hearings. If agreement on an azbitrator cannot be reached, the State Department of Industrial Relations shall be requested by either or both parties to provide a list of five azbitrators. Both the City and the Association shall have the right to strike two names from the list. The party requesting the arbitration shall strike the first name; the other party shall then strike one name. The process will be repeated and the remaining person shall be the arbitrator. (2) The arbitrator shall hear the case within twenty (20) working days after the arbitrator has been selected. The arbitrator may make a written report of their findings to the Association and the City within fifteen (15) working days after the hearing is concluded. The azbitrator shall make rules of procedure. The decision of the arbitrator shall be advisory to the City Manager who shall render a final decision within ten (10) working days. The arbitrator shall have no authority to amend, alter, or modify this agreement or its terms and shall limit recommendations solely to the interpretation and application of this agreement. The above time limits of this provision may be extended by mutual agreement. (3) Each grievance or dispute will be submitted to a separately convened arbitration proceeding except when the City and the Association mutually agree to have more than one grievance or dispute submitted to the same azbitrator. (4) The City and the Association shall share the expense of arbitrators and witnesses and shall share equally any other expenses, including those of a stenographer, if required by either party. If either party elects: not to follow the advisory decision rendered by the arbitrator, that party shall pay the entire cost of the azbitration process, including the expense of the azbitrator, witnesses, and/or stenographer. MM/PROFA MOU 11/21/12 - 06/30/13 Page 31 Negotiating Team Members CITY OF CHULA VISTA: Kelley K. Bacon, Chief Negotiator City of Chula Vista SEN Loca1221: Barbara Brookover, Chapter President Scott Tulloch, Co-Chief Negotiator City of Chula Vista John Gates, Chapter Vice President Lois Balfor SEIU Loca1221, Sr. Worksite Organizer MM/PROFA MOU 11/21/12 - 06/30/13 Page 32 7-94 CITY OF CHULA VISTA PROPOSALS TO SEIU 221 Appendix (A) Middle Management Classifications After School Program Manager Animal Care Facility Manager Applications Support Manager CIP Projects Supervisor Collections Supervisor Communications System Manager Construction and Repair Manager Crime Laboratory Manager Custodial & Facilities Manager Detention Facilities Manager Development Services Counter Manager Environmental Resources Manager Environmental Services Program Manager Equipment Maintenance Manager Fleet Manager GIS Supervisor Information Technology Manager Information Technology Support Manager Library Digital Services Manager Library Operations Manager Literacy & Programming Coordinator Open Space Coordinator Open Space Manager Operations and Telecommunications Manager Parks Manager Permits Processing Supervisor Plan Check Supervisor Police Communications Systems Manager Police Support Services Manager Principal Civil Engineer Principal Economic Development Specialist Principal Landscape Architect Principal Librarian Principal Planner Principal Recreation Manager Public Works Manager Records Manager Revenue & Recovery Manager Senior Equipment Maintenance Supervisor Senior Librarian Senior Recreation Manager Wastewater Collections Manager MM/PROFA MOU 11/21/12 - 06/30/13 Page 33 7-95 CITY OF CHULA VISTA PROPOSALS TO SEIU 221 Appendix (B) Professional Classifications Applications Support Specialist Building Project Manager Building Projects Supervisor Development Automation Specialist Emergency Services Coordinator Fiscal Services Analyst Information Technology Support Specialist Landscape Architect Library Administrative Coordinator Literacy Team Coordinator Nature Center Program Manager Police Training & Development Supervisor Principal Economic Development Specialist Principal Landscape Architect Principal Management Analyst Principal Project Coordinator Principal Revenue Analyst Programmer Analyst Public Information Officer (PD) Public Works Coordinator Redevelopment Coordinator Risk Management Specialist Senior Applications Support Specialist Senior Graphic Designer Senior Information Tech. Support Specialist Senior Management Analyst Senior Planner Senior Procurement Specialist Senior Programmer Analyst Senior Project Coordinator Senior Public Safety Analyst Senior Recreation Manager Senior Risk Management Specialist Systems/Database Administrator Traffic Engineer Transit Operations Coordinator Veterinarian MM/PROFA MOU 11/21/12 - 06/30/13 Page 34 7-96 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING ("MOU") BETWEEN THE CITY OF CHULA VISTA AND THE WESTERN COUNCIL OF ENGINEERS ("WCE") REGARDING COMPENSATION AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT; CREATING THE POSITION OF SENIOR LAND SURVEYOR, AS REQUIRED BY THE AFOREMENTIONED MOU; AND ADDING SAID POSITION TO THE CITY'S CLASSIFICATION PLAN WHEREAS, the City of Chula Vista has met and conferred -in good faith with the Western Council of Engineers ("WCE") in accordance with the provisions of the Meyers-Milias Brown Act ("MMBA"), California Government Code sections 3500 et seq; and WHEREAS, the City and WCE have reached an agreement on compensation and other terms and conditions of employment and, consistent with the MMBA, have set forth those terms in a Memorandum of Understanding ("MOU"), a copy of which is available in the City's Clerk's Office and has been designated as Exhibit A for identification in this resolution; and WHEREAS, the aforementioned MOU was ratified by a vote of the membership of WCE on October 11, 2012; and WHEREAS, the aforementioned MOU requires the City to create the position of Senior Land Surveyor and to add said position to the City's classification plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby: (1) approve the MOU between the City of Chula Vista and WCE, as reflected in Exhibit A; (2) authorize the City Manager or his designee(s) to execute the aforementioned MOU; (3) authorize the City Manager or his designee(s) to make such minor modifications to the MOU as may be recommended by the City Attorney's Office; and (4) create the position of Senior Land Surveyor and add said position to the City's classification plan. Presented by Approved as to form by Kelley K. Bacon, Director of Human Resources and Information Technology Services Departments "Il'V ~'wr' Glen. R. Googins, City Attorney 7-97 ~~v~ ~~N of CHULA V(SfA MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF CHULA VISTA AND WESTERN COUNCIL OF ENGINEERS NOVEMBER 21, 2012 -JUNE 30, 2013 WCE.MOU 11/21/12-06/30/13 Page i ~-98 MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES REPRESENTED BY THE CHULA VISTA CHAPTER, WESTERN COUNCIL OF ENGINEERS, FOR FISCAL YEARS 2012/2013. TABLE OF CONTENTS SECTION I ADMINISTRATION .......................................................................................2 ARTICLE 1.01 PREAMBLE ..................................................................................... ARTICLE 1.02 RECOGNITION ............................................................................... ARTICLE 1.03 CITY RIGHTS .................................................................................. ARTICLE 1.04 WCE RIGHTS ................................................................................... ARTICLE 1.05 LABOR-MANAGEMENT COOPERATION .................................. ARTICLE 1.06 TERM AND EFFECT OF THIS MEMORANDUM OF .................. UNDERSTANDING ....................................................................... ARTICLE 1.07 MOUREVISIONS ........................................................................... ARTICLE 1.09 RETENTION OF BENEFITS ........................................................... ARTICLE 1.10 SAVINGS CLAUSE ......................................................................... SECTION II COMPENSATION 6 SUBSECTION A WAGES ......................................................................................................... 6 ARTICLE 2.01 WAGES .............................................................................................. ........... 6 ARTICLE 2.02 OVERTIME ........................................................................................ ...........7 ARTICLE 2.03 COMPENSATORY OVERTIME ....................................................... ........... 7 ARTICLE 2.04 OUT-OF-CLASS ASSIGNMENT ...................................................... ........... 8 ARTICLE 2.05 SPECIAL PROJECT PAY .................................................................. ........... 8 ARTICLE 2.06 BILINGUAL PAY .............................................................................. ........... 8 ARTICLE 2.07 MILEAGE REIMBURSEMENT ........................................................ ........... 8 ARTICLE 2.08 PROTECTNE CLOTHING ............................................................... ........... 8 ARTICLE 2.09 PROFESSIONAL ENRICHMENT .................................................... ........... 9 ARTICLE 2.10 FEES FOR PROFESSIONAL LICENSES/MEMBERSHIPS ............ ........... 9 SF,C.TiON II COMPENSATION .........................................................................................10 SUBSECTION B -BENEFITS ................................................................................................. lu ARTICLE 2.11 EMPLOYEE BENEFITS ............................................................................. 10 ARTICLE 2.12 GROUP TERM LIFE INSURANCE ........................................................... 12 ARTICLE 2.13 RETIREMENT ............................................................................................ 12 ARTICLE 2.14 DEFERRED COMPENSATION ................................................................. 14 SECTION III HOURS ............................................................................................................14 WCE.MOU 11/21/12-06/30/13 Page li 7-99 ARTICLE 3.01 WORK PERIOD ................................................................ ARTICLE 3.02 VACATION ....................................................................... ARTICLE, 3.03 SICK LEAVE ..................................................................... ARTICLE 3.04 BEREAVEMENT LEAVE ................................................ ARTICLE 3.05 HOLIDAYS ....................................................................... ARTICLE 3.06 JURY DUTY ...............:....................................................... ARTICLE 3.07 COURT LEAVE ................................................................ ARTICLE 3.08 PROFESSIONAL LICENSE OR REGISTRATION.......... EXAMINATION LEAVE ................................................. ARTICLE 3.09 JOB SHARING .................................................................. ARTICLE 3.10 LEAVES OF ABSENCE ................................................... MILITARY LEAVE .......................................................... ARTICLE 3.11 VOLUNTARY WORK FURLOUGH ............................... .......... 14 .......... 14 .......... 16 .......... 18 .......... 18 .......... 20 .......... 21 .......... 21 .......... 21 ........... 21 ........... 22 ........... 22 ........... 22 SECTION IV WORHING CONDITIONS ..........................................................................23 ARTICLE 4.01 PROHIBITED PRACTICES .................................................... .................... 23 ARTICLE 4.02 CAREER ADVANCEMENT .................................................. ....................23 ARTICLE 4.03 DRIVING ELIGIBILITY ........................................................ .................... 24 ARTICLE 4.04 FITNESS FOR DUTY ............................................................. .................... 25 ARTICLE 4.05 SUBSTANCE/ALCOHOL ABUSE PROGRAM .................... .................... 25 ARTICLE 4.06 DIRECT DEPOSIT .................................................................. .................... 25 ARTICLE 4.07 GRIEVANCE PROCEDURE .................................................. ....................25 WCE.MOU 11/21/12-06/30/13 Page iii ~-~ OL) SECTION I ADMINISTRATION ARTICLE 1.01 PREAMBLE This Memorandum of Understanding (MOU) is entered into by the City of Chula Vista (City) and the Chula Vista Chapter of the Western Council of Engineers (WCE) as a result of meeting and confemng in good faith concerning wages, hours and other terms and conditions of employment, pursuant to the Employer-Employee Relations Policy of the City. Of Chula Vista and California Government Code Section 3500 et. Seq., known as the Meyers-Milias-Brown Act. ARTICLE 1.02 RECOGNITION The City recognizes WCE as the exclusive representative for employees in the City of Chula Vista employed in the following classifications: Assistant Engineer Associate Engineer Sr. Civil Engineer Transportation Engineer Land Surveyor Sr. Land Surveyor Assistant Surveyor I Assistant Surveyor II Plans Examiner Sr. Plans Examiner AGENCY SHOP The City will support and comply with WCE's decision regazding Agency Shop and will abide by the result of a majority vote of the employees in the above classifications. Should WCE succeed in such an election, the City and WCE will meet and confer on a side letter implementing the terms of the Agency Shop agreement ARTICLE 1.03 CITY RIGHTS The WCE agrees that the City has the right to unilaterally make decisions on all subjects that are outside the scope of bazgaining. The exclusive rights of the city shall include, but not be limited to: A. Establish, plan for, and direct the work force towazd the organizational goals of the City government. WCE.MOU 11/21/12-06/30/13 Page 2 7-101 B. Determine the organization, and the merits, necessity, and level of activity or service to be provided to the public. C. Determine the City budget. D. Establish, regulate and administer a merit or civil service system which provides for all types of personnel transactions, including, but not limited to, determining the procedures and standards for the hiring, promotion, transfer, assigmnent, layoff, retention and classification of positions in accordance with the City Charter, Civil Service Rules, and established personnel practices. E. Discipline or discharge employees for proper cause. F. Determine the methods, means, numbers, and kinds of personnel, and the job or position content required to accomplish the objectives and goals of the City. G. Effect a reduction in authorized positions. H. Subcontract out various services currently performed by City work force when such actions will result in cost savings to the City. L Take actions necessary to carry out the mission of the City in emergencies and in other situations of unusual or temporary circumstances. J. Continue to exercise efficient and productive management practices consistent with federal and state laws and in compliance with the City Charter and City ordinances. Terms and conditions set forth in this MOU represent the full and complete understanding between the parties. During the term of this MOU, the WCE expressly waives the right to meet and negotiate with respect to any subject covered in this MOU unless modified through the voluntary, mutual consent of the parties in a written amendment. This MOU terminates and supersedes those partial practices, agreements, procedures, traditions, and rules or regulations inconsistent with any matters covered in the MOU. The parties agree that during the negotiations that culminated in this MOU,'each party enjoyed the opportunity to make demands and proposals or counter-proposals with respect to any matter, even though some matters were proposed and later withdrawn, and that the understandings and agreements arrived at after the exercise of that right and opportunity are executed in this MOU. The City's exercise of its management rights is not subject to challenge through the grievance procedure or in any other forum, except where otherwise in conflict with a specific term of this collective bargaining agreement. WCE.MOU 11/21/12-06/30/13 Page 3 7-102 ARTICLE 1.04 WCE RIGHTS WCE shall have the right to: A. Be provided a reasonable amount of space on relevant City bulletin boards for legitimate communications with members. WCE shall be responsible for maintaining the space provided in an orderly condition and shall promptly remove outdated materials. B. Be granted use of City facilities by the appropriate authority for meetings composed of WCE members, provided such meetings aze held outside regulazly scheduled working hours for the group which is meeting, and provided space can be made available without interfering with City needs. WCE will provide proper advance notice of such meetings and pay any contingent costs of security, supervision, damage and clean-up. C. The City will place the current MOU on the City's intranet no later than 30 calendaz days after date of adoption by the City Council. D. Authorized representatives shall be allowed reasonable access to unit employees during working hours for the purpose of consulting regarding the employer-employee relationship, provided that the work operation and service to the public are not impaired and the authorized representatives shall have given advance notice to, and been granted authorization by, the Appointing Authority or his or her designated representative when contacting unit employees during the duty period of the employees. The Appointing Authority or his or her designee shall determine the appropriate time for such access. E. Designate two (2) employees (in addition to the President and Vice-President) who serve as official representatives. Such persons shall be released from work, without loss of compensation, when formally meeting and conferring with management representatives on matters within the scope of representation. One member shall also be released from work without loss of compensation when meeting with management representatives on matters pertaining to an allowable grievance item. F. Be provided, upon request, such literature and public documents as may be necessary when not available on the City's intranet (i.e., City budget, Civil Service Commission meetings, open Council conferences, etc.). G. The City shall bill WCE $.10 -per member, per pay period for the full costs incurred for dues deduction on behalf of WCE. H. If the City proposes layoffs of positions represented by WC,E, or the freezing or deletion of vacant positions represented by WCE after 7/1/2005, the City will have Human Resource management discuss such proposals with atwo-person WCE team WCE.MOU 11/21/12-06/30/13 Page 4 7-103 to discuss possible alternatives. WCE will act only in an advisory capacity to the City and acknowledges and recognizes the City's full rights under Article 1.04 of this MOU. ARTICLE 1.05 LABOR-MANAGEMENT COOPERATION The parties agree that during the term of this MOU, they v<~ill continue to support the Pride At Work Program. In addition they will continue Yo participate in efforts to contain health care costs. The City and WCE agree that they will continue to have open discussions on matters of concern to the parties during the term of this MOU, including facilitated meetings with appropriate Appointing Authorities to discuss opportunities for cross-departmental training opportunities. ARTICLE 1.06 TERM AND EFFECT OF THIS MEMORANDUM OF UNDERSTANDING A. This MOU shall remain in full force and effect from November 21, 2012 through June 30, 2013 (the date closest to July 1 that is the end of a pay period) and it is understood and agreed that the terms, conditions, wages, and all provisions of this MOU shall continue in effect until a new MOU is negotiated and subsequently ratified by the WCE and adopted by the City Council. The terms and conditions outlined in this MOU shall remain in effect from November 21, 2012 until June 30, 2013. If either party proposes to modify or terminate any of the terms or conditions set forth in this MOU for inclusion in a subsequent MOU, they must notify the other party in writing not later than March 1, 2013. WCE will endeavor to submit written proposals for such proposed modifications to the City not later than February 28, 2013. Proposed modifications not submitted to the City in writing by February 28, 2013 will not be discussed during the meet and confer process. City agrees that if written proposals are received from WCE by February 28, 2013, City will be prepared to commence negotiations on those proposals by March 15, 2013. B. The provisions of this MOU shall bl' subject to federal, state and local law. C. If at any time during the term of this MOU, through causes beyond the control of the City, the City does not have a sufficient amount of anticipated budgeted revenues or is required to make substantial unanticipated expenditures,; then, in such event, the City may, with mutual agreement of the WCE, re-negotiate this MOU and meet and confer on wages, hours and other terms and conditions of employment. This section, however, in no way affects the existing right of the City to lay off employees. WCE.MOU 11/21/12-06/30/]3 Page s 7-104 ARTICLE 1.07 MOU REVISIONS The City and the WCE agree that during the term of this MOU they will continue to meet and confer on changes to the format and language of the MOU. The purpose of the proposed changes is to reconcile the MOU with the Civil Service Rules, the Employer/Employee Relations Policy, and other City policies and procedures, and to insure the language of the MOU accurately reflects City practice. Any proposed changes to the MOU that involve monetary issues will be defen•ed to meet and confer in 2013. ARTICLE 1.09 RETENTION OF BENEFITS The represented employees covered by this MOU shall retain all benefits provided herein for the full term of this MOU. Benefits, rights, or privileges not specifically covered by this MOU, but subject to the Meyers Milian Brown Act, may be acted upon by the City without mutual consent after meeting and conferring with the WCE. ARTICLE 1.10 SAVINGS CLAUSE If any article of this MOU is held to be invalid by operation of law or by any court of competent jurisdiction, or if compliance with, or enforcement of, any article or section is restrained by such court, the remainder of this MOU shall not be affected by such action. The parties shall if possible meet and confer or meet and consult as the case may be for the purpose of arriving at a mutually satisfactory replacement for any article invalidated by operation of law. SECTION II COMPENSATION SUBSECTION A WAGES ARTICLE 2.01 WAGES A. Merit (Step) Increases will be made according to the formula set forth in the Civil Service rules currently in affect. Tho cla§sifications shall be subject to a five (5) step salary range. The normal hire rate shall be Step "A" provided, however, that an exceptionally well-qualified candidate may be hired beyond Step "A" within the established range based upon the recommendation of the Appointing Authority, the Director of Human Resources and approval by the City Manager. WCE.MOU 11/21/12-06/30/13 Page 6 7-105 B. Effective Dates -All other payroll and wage changes, such as regulaz merit increases, shall be effective at the beginning of the regular biweekly payroll period closest to the employee's actual qualifying date. C. Rate of Pay Following Promotion - When a represented employee is promoted, the new rate of pay will be the lowest step in the new salary range which will result in the employee receiving at least 5% more than the actual base rate in the old classification. D. All Associate Engineers and Assistant Surveyors II, or Plans Examiners who become registered by the State of California as a Professional Civil Engineer, Professional Traffic Engineer, Land Surveyor or Licensed Architect when registration is not a requirement of the position held, shall receive five percent (5%) additional compensation. ARTICLE 2.02 OVERTIME I. Definition - Whenever an employee is ordered to work more than 40 hours in a work week he or she shall be granted overtime pay at the rate of 1 1/2 times his or her Fair Labor Standazds Act (FLSA) "Regulaz Rate", or compensatory time off at 1 1/2 times the extra hours worked (except as stated in Article 2.03.). Overtime work shall be permitted only at the direction and with the advance approval of the employee's immediate supervisor. Payment for overtime shall be made during the pay period in which the overtime was earned. "Time Worked" -Includes all paid hours including sick leave, leaves during which Workers' Compensation is paid, vacation time, holidays or any other time away from the job for which the employee is compensated. II. Administration of Overtime -All time worked in addition to the work period as defined in Article 3.01 with the exception of insignificant amounts of "hours worked" will be counted toward the 40 hour work week. Insignificant amounts of hours worked is defined as any time worked outside the regulaz schedule that is less than 15 minutes in a day, unless the definition is changed in the Federal Regulations or by court action. ARTICLE 2.03 COMPENSATORY OVERTIME A record of compensatory overtime earned and used shall be maintained on-the biweekly pay records. Compensatory overtime shall not be accrued to an employee's credit for any time in excess of 40 hours. The decision to reimburse an employee for overtime hours worked with compensatory time off in-lieu of pay will be at the discretion of the supervisor .and the Appointing Authority based on the employee's request while recognizing the overall departmental staffing requirements. WCE.MOU 11/21/12-06/30/13 Page 7 ~-~~6 ARTICLE 2.04 OUT-OF-CLASS ASSIGNMENT I. When an employee is assigned to perform the duties of a higher paid classification for a period of 5 consecutive work days or 40 consecutive working hours, the employee shall be compensated with a minimum of 5 % above the employee's current salary rate up to a maximum of 20 % effective the first day of the out-of--class assignment. Increases greater than 5% must be approved by the Director of Human Resources. Requests for out-of--class compensation shall be submitted by the Appointing Authority on a "Payroll Change Notice" form as percentage amounts only. II. The duration of anout-of--class assignment shall not exceed one calendar year. ARTICLE 2.05 SPECIAL PROJECT PAY WCE represented employees may be eligible to receive a maximum of 15% above their base pay when assigned by the City Manager to a "Special Project". ARTICLE 2.06 BILINGUAL PAY Those employees who, upon the recommendation of the Appointing Authority and approval of the Director of Human Resources, are regularly required to use their bilingual skills in the performance of their duties will receive $100 per month in addition to their regular pay. Employees requesting bilingual pay must successfully complete a Bilingual Performance Examination. Employees who wish to continue receiving bilingual pay must successfully complete a Bilingual Performance Examination once every three (3) years. ARTICLE 2.07 MILEAGE REIMBURSEMENT Employees shall be subject to the City's Mileage Reimbursement Program when required to use their personal vehicle for authorized City business. The reimbursement rate will be equal to the current maximum IRS rate. ' ARTICLE 2:08 PROTECTIVE CLOTHING The. following positions are currently included in the Safety Shoe Program: Surveyor I and II and Land Surveyor. :These employees and other employees not specifically listed are eligible to be reimbursed up to $150 per pair of safety shoes, when it has been determined by their Appointing Authority or the Risk Manager that, because of their duties, the wearing of safety shoes is required. WCE.MOU 11/21/12-06/30/13 Page 8 7-107 ARTICLE 2.09 PROFESSIONAL ENRICHMENT Employees represented by WCE are eligible to participate in the City's Professional Enrichment Program. The annual Professional Enrichment Fund allotment for WCE employees is $25,000. Employees are eligible to receive up to $1,200 per fiscal year for professional enrichment. , Funds may be -used at any time during the fiscal year. Fiscal year reimbursements under the City's "Professional Enrichment" will be closed the second Thursday in June. Employees may request reimbursement for professional emichment expenses in accordance with Internal Revenue Code Section 132 and any other applicable state and federal law. Employees must receive approval from their Appointing Authority and the City Manager's designee before funds may be claimed for reimbursement. Reimbursements are on a first come, first serve basis until the funds have been exhausted. ARTICLE 2.10 FEES FOR PROFESSIONAL LICENSES/MEMBERSHIPS The City shall pay the fees for the professional registration or license of Engineers, Civil Engineers, Structural Engineers, Traffic Engineers, Traffic Operation Engineers, Land Surveyors, Plans Examiners, Architect, Qualified SWPPP Developers (QSDs), and Qualified SWPPP Practitioners (QSPs). The City will pay membership fees for WCE employees in any one professional organization as requested. The City will pay only one membership fee per year, per employee in addition to any department-wide memberships. ARTICLE 2.11.C C.6 RETIREE HEALTHCARE The City will no longer provide for subsidized retiree health care rates by offering a blended healthcare rate for employees hired after January 1, 2011. The City will continue to offer a blended healthcare rate for employees hired prior to January 1, 20].1. WCE.MOU 11/21/12-06/30/13 Page 9 7-108 SECTION II COMPENSATION SUBSECTION B -BENEFITS ARTICLE 2.11 EMPLOYEE BENEFITS Employees are eligible for benefits if employed: A. directly by the City of Chula Vista and B. working in a half time (40 hours) or more position in an 80-hour biweekly pay period. I. Flexible Benefit Plan The City will provide to each represented employee a Cafeteria Plan allotment to purchase benefits qualified under Section 125 of the Internal Revenue Code. The Plan Document containing the specific provisions of the Plan will be adopted by the City Council on an annual basis. The plan document will incorporate by reference the provisions of this article. A. Emollment Newly eligible employees (new hires or those changing from an ineligible to an eligible position) will be covered under the City's Cafeteria Plan effective on their date of hire in that eligible position. All of the cafeteria benefits are effective from the employee's date of hire except the dental plans which are effective. the first of the month following the employee's date of hire in an eligible position. Employees who fail to submit required benefit election forms within 30 days of their date of eligibility will automatically be enrolled in the Employee Only category of the lowest cost City sponsored health plan with the remaining balance of the Cafeteria Plan allotment being placed in the taxable Cash option. Employees who fail to submit required benefit election forms during Open Enrollment will be enrolled in the same health plan they elected in the previous year. All other elections previously made by an employee will be cancelled and the balance of the flex allotment will be placed in the taxable Cash option. B. Cafeteria Plan Allotment WCE represented employees shall receive a Cafeteria Plan allotment of $12,762 per calendaz year to purchase eligible benefits, effective calendar year 2013. Eligible part- time benefited employees will receive an allotment in the proportion that such part-time employment beazs to full-time employment. To maintain relative buying power to purchase health benefits from the Cafeteria Plan allotment, the City will share the average cost increase of the full-family non-indemnity health plan premiums on a 50/50 basis with members. The cost increases will be WCE.MOU 11/21/12-06/30/13 Page 10 ~-109 assessed on an annual basis. The City's share of the cost increase will be added to the Cafeteria Plan allotment at the next open enrollment, to be effective the next Plan year. The City agrees that in the event of premium decreases there will be no decrease in the Cafeteria Plan allotment. C. Available Cafeteria Benefits 1. Health Insurance (1Vlandatory) From the Cafeteria Plan allotment, each represented employee must select coverage for himself or herself under one of the City sponsored health plans. Any employee marred to another benefited City employee who is covered under his or her spouse's plan may waive coverage under the Cafeteria Plan. In addition to personal coverage, an employee may elect coverage for his or her qualified dependents under the same plan selected by the employee. The employee will pay any premium cost in excess of the Cafeteria Plan allotment through payroll deductions. 2. Dental (Optional) Represented employees will be eligible to participate in any City sponsored group .dental plan. Any difference between the employee's available Cafeteria Plan allotment and the premium for the selected dental plan will be paid by the employee through payroll deductions. Dental/MedicaUVision (D/M/V) and Dependent Care Reimbursement Accounts (Optional) Represented employees may allocate a portion of their Cafeteria Plan allotment to either aDental/Medical/Vision or Dependent Caze reimbursement account. 4. Vision - (Optional) Represented employees will be eligible to participate in a City sponsored group vision plan. Any difference between the employee's available Cafeteria Plan allotment and the premium for the selected plan will be paid by the employee through payroll deductions. 5. Cash (Optional) Represented employees may allocate a portion of their Cafeteria Plan allotment to a taxable cash payment. These payments will be paid to employees on a pro-rata basis two times per benefit year. WCEMOU 11/21/12-06/30/13 Page 11 ~-~~~ 6. Flexible Spending Accounts (FBAs) -Health Care and Dependent Care Represented employees will be eligible to participate in the two Flexible Spending Account (FBA) options offered by the City. Employees may elect to set aside a portion of their salary, on a pre-tax basis, to fund eligible health care and dependent care expenses. If the City does not meet IRS regulations, or if the IRS regulations change for any reason, this benefit may be discontinued. The City reserves the right to contract with a Third Party Administrator for the administration of FBAs. The City will pay the start-up costs associated with third party administration. Participating employees will pay any required fees (monthly, per employee, per transaction, etc.). D. Short-Term/Long-Term Disability The City agrees to contribute the amount necessary to provide short-term disability and long-term disability protection for each represented employee. At a minirnum the policies will include the following: Short-Term Disability - Requires a thirty (30) day elimination period and pays a weekly benefit of 60% of salary up to a maximum of $1,732 per week. - Long-Term Disability - Requires a ninety (90) day elimination period and pays a 60% of salary up to a monthly maximum of $7,500. Disability Plus-If the employee has a loss of 2 or more activities of daily living (ADL), he or she will receive an additiona120% of salary up to a maximum of $5,000. ARTICLE 2.12 GROUP TERM LIFE INSURANCE The City agrees to pay the premium for $50,000 of group term life insurance for each represented employee. Represented employees may apply for themselves and their eligible dependents to purchase from $50,000 to $300,000 of supplemental group term life insurance in $10,000 increments through the City's group insurance plan. Employees will pay the additional cost of supplemental insurance through payroll deductions. ARTICLE 2.13 RETIREMENT The City will provide to represented members retirement benefits via contract with the California Public Employees Retirement System (Ca1PERS) as set forth in the California Government Code. WCE.MOU 11/21/12-06/SO/li Page 12 7-111 The City will provide the following defined benefit formulas for local miscellaneous employees: Tier 1 Local Miscellaneous 3% @ 60 Tier 2* Local Miscellaneous 2% @ 60 Tier 3** Local Miscellaneous 2% @ 62 *New Ca1PERS members on or after 04/22/2011 through 12/31 /201.2 **New Ca1PERS members on or after 01/01/2013 Tier 1: 3% @ 60 Local miscellaneous represented employees in Tier 1 shall contribute 8%, which will be applied to the City's contribution to Ca1PERS for optional benefits. The following is a summary of Tier 1 Ca1PERS contract provisions: A. One-Year Final Compensation B. Post-Retirement Survivor Allowance - C. Credit for Unused Sick Leave D. 4m Level 1959 Survivor Benefit. E. Military Service Credit as Prior Service F. Cost of Living Allowance (2%) G. Post-Retirement Survivor Allowance Continuance H. Pre-Retirement Death Benefit for Spouse I. Retired Death Benefit $5,000 J. Prior Service Credit K. Employer Paid Member Contributions reported as earnings Tier 2: 2% @ 60 Local miscellaneous represented employees in Tier 2 shall contribute 7%, which will be applied to the employee contribution to Ca1PERS. The following is a summary of Tier 2 Ca1PERS contract provisions: A. Three-Yeaz Final Compensation B. Post-Retirement Survivor Allowance C. Credit for Unused Sick Lease D. 4cn Level 1959 Survivor Benefit E. Military Service Credit as Prior Service F. Cost of Living Allowance (2%) G. Post-Retirement Survivor Allowance Continuance H. Pre-Retirement Death Benefit for Spouse I. Retired Death Benefit $5,000 J. Prior Service Credit WCE.MOU ]1/21/12-06/30/13 Page 13 7-112 Tier 3: 2% @ 62 Local miscellaneous represented employees in Tier 3 shall be responsible for the full employee contribution, which will be applied to the CalPERS employee contribution. There is no Employer-Paid Member Contribution (EPMC). Final compensation will be computed based on the highest average compensation during a consecutive 36-month period, subject to the compensation limit set by CaIPERS. Contract provisions for Tier 3 benefits will be determined by CalPERS pursuant to the California Public Employees' Pension Reform Act of 2013. ARTICLE 2.14 DEFERRED COMPENSATION WCE members shall be eligible to participate in the City's approved deferred compensation plans offered by the City. SECTION III HOURS ARTICLE 3.01 WORK PERIOD The work period is a fixed and regular recurring period of work hours during the seven consecutive 24 hour periods beginning at 12:01 a.m. on Friday morning and ending at 12:00 midnight the following Thursday evening. ARTICLE 3.02 VACATION I. Definition -For the purpose of this article, the definitions for continuous service, intermittent service, active service, time worked, calendar year and employee as found in the Civil Service rules shall apply. II. Vacation WCE.MOU 11/21/12-06/30/13 ,7_113 Page 14 A. Vacation Accrual -Continuous service: Each employee paid at a biweekly rate who has had continuous full-time active service shall be entitled to vacation with pay. This benefit will be calculated based on 26 pay periods per fiscal yeaz. The following provisions shall apply: 1. Employees will accrue 80 hours during the first through fourth year of service (cumulative to a total leave balance of 240 working hours). This benefit will be accumulated at the rate of 3.07 working hours for each full biweekly pay period of service performed. 2. Employees will accrue and be eligible to receive 120 .hours annually (cumulative to a total leave balance of 360 hours) during the fifth through ninth year of service. The benefits will be accumulated at the rate of 4.60 working hours for each full biweekly pay period of service performed. 3. Employees will accrue and be eligible to receive 160 hours annually (cumulative to a total leave balance of 480 hours) during the tenth through fourteenth yeazs of service. This benefit will be accumulated at the rate of 6.14 working hours for each full biweekly pay period of service performed. 4. Employees will accrue and be eligible to receive 200 hours annually (cumulative to a total leave balance of 600 hours) during the fifteenth and succeeding yeazs of service. This benefit will be accumulated at the rate of 7.70 working hours for each full biweekly pay period of service performed. 5. Maximum Vacation Accrual - At no time may an employee have more than three yeazs of vacation leave accumulated. No credits shall be accrued above this limit. 6. Vacation accrual rate changes will become effective at the beginning of the pay period which includes the employee's anniversazy date of benefited status. 7. Vacation sell back - A'll members of represented classifications who have completed at least five (5) years of service shall have the option of selling 60 hours of accrued vacation back to the City in 20-hour increments. The accumulated vacation balance will be reduced accordingly. B. Each part time employee paid at a biweekly rate shall be entitled to vacation with. pay. The number of working days of such vacation shall be computed on the basis set forth in subsection (2), (3), (4) or (5) and shall be in the proportion that the part-time employment beazs to full-time employment. C. Employees sepazated from City service, whether voluntarily or involuntarily, shall be granted all of the unused vacation to which they aze entitled based upon WCE.MOU 11/21/12-06/30/]3 Page 15 7-114 continuous service computed on the basis set forth in subsections (1), (2), (3) or (4). Payment shall be made hour-for-hour with any portion of an hour being considered a full hour. D. Vacation Use -Vacation leave balances shall be reduced for actual time not worked to the neazest quarter hour. Absences may not be chazged to vacation not already accumulated. ARTICLE 3.03 SICK LEAVE A. Accumulated paid sick leave credit is to be used for the sole purpose of protecting the employee's wages in the event an absence from work is made necessazy because of disability due to the injury or illness of the employee or members of the employee's immediate family. For purposes of this article immediate family is defined as spouse, domestic partner, child, stepchild, pazent, stepparent, sibling, parent-in-law, grandparent, or any other person living as a member of the employee's immediate household. B. Sick Leave Accrual -Computation of sick leave: Sick leave with pay is cumulative at the rate of 3.69 working hours for each biweekly pay period of active service, 96 hours annually, beginning at the time of full-time permanent probationary employment. This benefit is calculated on 26 pay periods per fiscal year. Permanent part-time employees shall receive sick leave with pay in the proportion that such part-time employment bears to full-time employment. A person who has held a position with temporary or interim status and is appointed to a position with probationary status, without a break in service, may have such time credited to sick leave upon the recommendation of the Appointing Authority and the Human Resources Director and with the approval of the City Manager. C. Maximum Sick Leave Accumulation -Unused sick leave may be accumulated in an unlimited amount. D. Sick Leave Use -Sick leave balances shall be reduced for actual time not worked to the nearest quarter hour for reasons allowable under this section. Absence for illness may not be chazged to sick leave not already accumulated. E. Sick Leave Verification -The City may, in its discretion, require a doctor's certificate and/or a personal sworn affidavit stating that the employee is unable to perform the essential functions of his or her job. If an employee is to be required to .furnish a doctor's certificate, the employee shall be notified by his or her supervisor that a doctor's certificate shall be required when the employee notifies the City that he or she will be absent by reason of illness or disability. Sick leave verification may be requested at any time it appeazs to the Appointing Authority there is a pattern or practice of sick leave use that could be related to VJCE.MOU 11/21/12-06/30/13 Page 16 7-115 abuse, regardless of whether the individual has a sick leave balance on the books. An employee's exhaustion of his or her sick leave balances will not automatically trigger the verification requirement. However, when verification is required, the employee must show an immediate improvement in his or her use of sick leave. Sick leave usage will be monitored for a period of six months. If at any time during that period there is any abuse of sick leave, the employee will be subject to disciplinary action up to and including termination. F. Sick Leave Reimbursement Employees using thirty-two (32) hours of sick leave, or less, during the fiscal year, shall have the option of converting twenty-five percent (25%) of their remaining yeazly sick leave to pay. 2. Pay shall be computed based on the following schedule and all computations shall be rounded to the nearest whole hour: R>, Menvnva VFABT.V CTCK T,F.AVF. PAV (TPTTnN (25%1 96 hrs 24 hrs 88 hrs 22 hrs 80 hrs 20 hrs 72 hrs 18 hrs 64 hrs 16 hrs 56 hrs 0 3. If the pay option is selected, the paid sick leave hours, shall be subtracted from the employee's accumulated yearly sick leave balance. The remaining sick leave hours shall be carried over to the next Fiscal yeaz and accumulated. (Example: Employee uses 32 hrs sick leave. He or she then elects to receive pay for 25% of remaining days payment, or 16 hrs. The 16 hrs are subtracted from his or her remaining yeazly sick leave and the other 48 hrs aze added to the employee's accumulated sick leave balance.) 4. Payment will be made during the month of July of each yeaz. Pay will be computed based on the employee's salary step on June 15. 5. Payment will be made only to employees on City payroll twelve (12) consecutive months prior .to the payoff calculation. Permanent employees who retire during the fiscal year will be compensated under this plan based upon their formal retirement date. Prorated payments will not be made to an employee who terminates during the fiscal year. However, in the event of the death of an individual while employed by the City, 100% of the employee's unused, accumulated sick leave will be paid to the appropriate beneficiary as prescribed by law. WCEMOU 11/21/12-06/30/13 Page 17 7-116 ARTICLE 3.04 BEREAVEMENT LEAVE When an employee with permanent status is compelled to be absent from work because of the death of an immediate family member as defined in Article 3.03 (A), the employee may be allowed to use his or her accumulated sick leave, vacation, compensatory time or floating holiday time for up to five (5) calendar days, plus three (3) travel days. The employee must make a written request and receive written approval from his or her Appointing Authority prior to taking bereavement leave. ARTICLE 3.05 HOLIDAYS I. Hazd or Fixed Holidays will be celebrated on the day that City offices aze closed for employees who work the traditional Monday through Friday work week. For the term of this MOU, the Holiday schedule is as follows: See chart on following page WCE.MOU 11/21/12-06/30/13 Pace 18 ~-~~~ HARD HOLIDAYS DATES CITY OFFICES ARE CLOSED FY 12/13 FY 13/14 INDEPENDENCE DAY 7/4/12 7/4/13 LABOR DAY 9/3/12 9/2/13 VETERANS' DAY 11/12/12 11/11/13 TIANKSGIVING 11/22/12 11/28/13 DAY AFTER THANKSGIVING 11/23/12 11/29/13 CHRISTMAS 12/25/12 12/25/13 NEW YEARS DAY 1/1/13 1/1/14 MARTIN LUTHER KING, JR. BIltTHDAY 1/21/13 1/20/14 CESAR CHAVEZ DAY 4/1/13 3/31/14 MEMORIAL DAY 5/27/13 5/26/14 II. Hard Holiday Pay II. Hard A. Full time employees shall receive eight (8) hours pay at their regulaz hourly rate for each hard holiday. Permanent part-time employees shall receive holiday pay at their regular hourly rate in the proportion that such permanent part-time employment bears to full-time employment. B. In addition to the holiday pay, overtime compensation shall be paid to eligible employees who must work on arSy hard holiday. C. If a hard holiday falls on a Saturday, the preceding Friday shall be observed as the holiday. If a hard holiday falls on a Sunday, the following Monday shall be observed as the holiday. III. Floating Holidays A. Amount -Effective the first pay period in July of each fiscal year of this MOU, employees shall be credited with eight (8) hours floating holiday time each for each of the following days: Lincoln's Birthday, Washington's Birthday, and Admission Day. Permanent part-time employees paid at a bi-weekly rate shall be credited WCE.MOU 11/21/12-06/30/13 Page 19 7-118 floating holiday time in the proportion that such part-time employment bears to full-time employment. Employees may take floating holiday time at their discretion, subject to staffing needs and with the approval of their Appointing Authority. B. Floating Holiday Use -Employees using floating holiday time before the holiday passes and subsequently leaving City service will be charged for such time. Employees who do not use their floating holiday time before June 30 of the fiscal year will lose such time. The smallest unit of time chargeable to floating holiday time is one half hour. ARTICLE 3.06 JURY DUTY Permanent and probationary employees who aze called to serve on jury duty for any county, state or federal court within the San Diego area shall be entitled to paid leave under the following circumstances: A. The employee must present to his or her supervisor the court order to appear for jury duty at least three weeks prior to the date to report. B. The employee must submit a daily, court authorized, stamped time cazd accounting for all hours of service ordered by the court. C. If jury service and travel time from court to work is less than five hours (7 hours for person on a 4/10 plan) in a work day, the employee is expected to return to work unless a justification for not returning to work is provided and approved, or pre-authorized leave is approved. D. An employee who is required to serve jury duty on his or her scheduled days off will not be compensated for this time. E. If the employee is not required to report for jury duty on any particular day(s) he or she is then expected to be at work as per the normal work schedule. F. It is the employees' responsibility to inform his or her supervisor on a daily basis if he or she is required to report for jury duty the following day. This may include calling the supervisor after or before normal working hours. G. Absence due to jury duty will be submitted on the City leave form. H. An employee whose work week is other than Monday through Friday (8:00 a.m. to 5:00 p.m.) may have jury duty work day adjustments made by his or her supervisor. WCE.MOU 11/21/12-06/30/13 Page 20 7-119 ARTICLE 3.07 COURT LEAVE Court leave is paid leave granted by the City so an employee may fulfill his or her duty as a citizen to serve as a witness in a court action to which the employee is not a party, before a federal, superior, or municipal Court located within San Diego County. Court leave shall be limited to: A. Required attendance before federal, superior, municipal, and justice courts located within San Diego County. B. Time in attendance at court together with reasonable time between court and work. If attendance is for less than a full day and the employee can reasonably be expected to return to work, he or she is required to do so. C. Court leave shall not be granted when the employee is paid an expert witness fee. D. Court leave will only be granted to employees who are not litigants nor related to litigants in the civil case in which they are called to appear or defendants in a criminal case. E. Employees shall provide their supervisor with a copy of the legal subpoena and provide other documentary evidence of service. F. When employees are subpoenaed in the line of duty they shall be guaranteed a minimum of two hours pay for each separate court appearance, including travel time. ARTICLE 3.08 PROFESSIONAL LICENSE OR REGISTRATION EXAMINATION LEAVE Represented employees who have made application for and are scheduled to participate in a licensure examination for Professional Engineer, Professional Traffic Engineer, Land Surveyor, Architect, Plans Examiners, Qualified SWPPP Developer (QSD), .and Qualified SWPPP Practitioner (QSP) shall, upon verification by the Appointing Authority, be granted time with pay to participate in any such part of the examination which is scheduled during City work hours. Such time off shall be granted one time only and shall not be charged to any leave time. If the employee is required to take a license examination more than once, the employee must use his or her accrued leave. ARTICLE 3.09 JOB SHARING The City will make reasonable accommodations for an employee in a regulaz position who desires to shaze his or her job with another qualified employee or eligible person. Jobs may be WCE.MOU 11/21/12-06/30/13 Page 21 7-120 shared on an hourly or daily basis. All legally permissible benefits will be pro-rated. Each employee shall be notified in writing by the Appointing Authority at the time of the appointment and such notification will clearly define the benefits to which each employee is entitled. ARTICLE 3.10 LEAVES OF ABSENCE MILITARY LEAVE For purpose of this MOU, the Civil Service Rules aze incorporated as reference as though set out in full in this article. ARTICLE 3.11 VOLUNTARY WORK FURLOUGH I. WCE represented employees ("Employees) may request up to two days (16 hours) of voluntary furlough, excluding those that have already elected to participate in the City's Voluntary work furlough program. Requests must be made in day (8 hour) increments. The voluntary furlough may be taken in the same manner as vacation leave. Voluntary furlough must be taken before any other leave balances are used, excluding sick leave balance usage. The voluntary furlough must be taken before the end of the 2012-2013 fiscal year. II. Employees who, through no fault of their own, were not allowed by the City to take the voluntary furlough during the 2012-2013 fiscal year, may carry over the unused hours into the 2013-2014 fiscal year. To be eligible for carryover, employees must demonstrate in writing that they requested voluntary furlough during the 2012-2013 fiscal yeaz and that the Appointing Authority denied their requests. III. Employees who request voluntary furlough under paragraph I, shall receive a matching number of (up to two (2)) paid special leave days. Employees who have already elected to participate in the City's Voluntary Work Furlough program will automatically be credited with 2 days (16 hours) of paid special leave on the first full pay. period to include December 1, 2012. IV. Employees may not have accrued more than five (5) days (40 hours) voluntary furlough during the 2012-2013 fiscal year. V. The period in which to enroll for voluntary furlough under this section shall begin November 1,2012 and end November 21, 2012. Employees shall have the appropriate number of voluntazy furlough hours and paid special leave days credited to them on the first full pay period to include December 1, 2012. The City shall then begin payroll deductions for the voluntary furlough under this section the first pay period of January 2013. There is no deadline for the use of the two special leave days. WCE.MOU 11/21/12-06/30/13 Page 22 7-121 SECTION IV WORHING CONDITIONS ARTICLE 4.01 PROHIBITED PRACTICES I. WCE pledges it shall not cause, condone or counsel its unit members or any of them to strike, fail to fully and faithfully perform duties, slow down, disrupt, impede or otherwise impair the normal functions and procedures of the City. Il. Should any unit employees breach the obligations of Pazagraph I during the term of this MOU, the City Manager or his or her designee shall immediately notify WCE that an alleged prohibited action is in progress. III. WCE shall, as soon as possible, and in any event, within eight working hours disavow any strike or other alleged prohibited action and shall advise its members orally and in writing to immediately return to work and cease the prohibited activity. WCE shall provide the City Manager with a copy of its written advisement. WCE agrees to accept the responsibility for the strike or other prohibited activity if it fails to follow one or more of the duties set forth in this article. IV. If WCE disavows the prohibited activity and takes all positive actions set forth in this MOU in good faith, the City shall not hold WCE financially or otherwise responsible. The City may impose such penalties or sanctions as the City may appropriately assess against the participants. V. Should WCE breach its obligations or any of them under this section during the term of this MOU, it is agreed that the City shall pursue all legal and administrative remedies available to the City that in its discretion it may elect to pursue. VI. There shall be no lockout by the City during the term of this MOU. ARTICLE 4.02 CAREER ADVANCEMENT A. Promotion 1. The Assistant Engineer classification will be considered a career advancement position to the Associate Engineer level. Employees will not be required to undergo a promotional exam but will qualify for certification upon (1) fulfillment of a minimum of one year as an Assistant Engineer and upon the forwarding of a positive recommendation by his or her Appointing Authority or (2) becoming registered as a professional engineer by the State of California. Permanent employees who advance from the Assistant Engineer classification under #(1) above to the Associate Engineer level shall not be subject to an additional probationary period. Employees who advance from the Assistant Engineer level as a result of #(2) above, shall serve at least a six month probationary period at the Associate Engineer level and at least a combined total of one yeaz as an Assistant Engineer and/or Associate Engineer. WCE.MOU 11/21/12-06/30/13 Page 23 7-122 2. Employees classified as an Associate Engineer will be allowed to use the working titles of Associate Civil Engineer or Traffic Engineer upon (a) becoming registered as a Professional Civil Engineer or Professional Traffic Engineer by the State of California; and (b) upon completion of the probationary period specified above and upon forwarding of a positive recommendation by the relevant Appointing Authority to the Director of Human Resources. 3. The career advancement provisions described in numbers 1 and 2 above will also be applicable for Assistant Surveyors I/II ARTICLE 4.03 DRIVING ELIGIBILITY Whenever an employee drives a vehicle for City business he or she shall have a valid California driver's license. In order to ascertain the validity of the employee's licenses, employees must present their driver's license to their supervisor upon request. The City reserves the right to check at any time with the Department of Motor Vehicles to determine if the license is valid. If an employee's driver's license is revoked, suspended or otherwise made invalid, the employee must inform his or her supervisor. Failure to notify the supervisor may result in immediate disciplinary action. An employee who does not posses a valid California driver's license will be considered for a non-driving position, if one is available in the employee's classification. The non-driving assignment will continue for a maximum of six months if there is a reasonable expectation the employee will have a valid Califomia driver's license at the expiration of that time. Extensions to the six-month limit will be considered on a case-by-case basis. In no case shall an employee receive more than one non-driving assignment in any three-year period. When no non-driving assignment is available, an employee must request a leave of absence without pay for six months or until such time as his or her license is once again valid, whichever is shorter. In order to assure that non-driving assignments are provided on a fair and equitable basis, the following procedures shall be observed: A. Each departrnent will determine whether it has any non-driving assignments that can be filled by employees who would otherwise have driving assignments. B. Non-driving assignments will be given on a first come, first served basis. For example, if two. employees in a department have anon-valid driver's license and there is only one non-driving assignment, the-first employee who comes forwazd will be -given the non-driving assignment. 'The other employee may apply for a leave of absence as described above. WCE.MOU 11121/]2-06/30/13 Page 24 7-123 ARTICLE 4.04 FITNESS FOR DUTY The parties agree that it is reasonable to require that employees be physically and mentally fit to perform the duties of their jobs. Such requirements instill public confidence in the City's ability to meet the public needs of its residents. Recognizing these important factors, the parties agree that during the term of this MOU, the City with reasonable cause, may require medical and psychological assessments of employees provided the City pays the costs of the assessments and provides time off without loss of pay for such assessments. All such assessments shall be done by appropriately qualified health caze professionals. It is understood that the assessment regimen performed by the health care professionals shall be reasonably related to the requirements and duties of the job. Any treatment or remedial action recommended as a result of the assessment shall be the full responsibility of the employee, except as otherwise provided by law or as may be provided through the City's Employee Assistance Program (EAP). - - ARTICLE 4.05 SUBSTANCE/ALCOHOL ABUSE PROGRAM Represented employees aze subject to the City's Substance Abuse Policy. ARTICLE 4.06 DIRECT DEPOSIT . All represented employees will be required to provide written authorization to the City's Director of Finance to electronically deposit their paychecks to a financial institution of their choice. For new employees, the effective date of this article will be the date of hire. For current employees, the mandatory direct deposit program will be phased in so that employees who do not currently have an account with a financial institution have sufficient time to establish accounts with the financial institution of their choice. The final date for implementation of this program will be December 15, 2005. ARTICLE 4.07 GRIEVANCE PROCEDURE This grievance procedure shall be in effect during the full term of this MOU Section 1. PURPOSE. The purposes and objectives of the Grievance Procedure are to: (1) Resolve disputes arising from the interpretation, application or enforcement of specific terms of this MOU. (2) Encourage the settlement of disagreements informally at the employee-supervisor level and provide an orderly procedure to handle grievances through the several supervisory levels where necessary. WCE.MOU 11/21/12-06/30/13 Page 25 7-124 (3) Resolve grievances as quickly as possible and correct, if possible, the causes of grievances thereby reducing the number of grievances and future similaz disputes. Section 2. DEFINITIONS. For the purpose of this grievance procedure the following definitions shall apply: (1) Manager: The City Manager or his or her authorized representative. (2) Day: A calendar day, excluding Saturdays, Sundays and hard holidays as described by this MOU. (3) Appointing Authority or head of a department: The chief executive officer of a department. (4) Director of Human Resources: The Director of Human Resources or his or her authorized representative. (5) Employee: Any officer or regular (not temporary) employee of the City, except an elected official (6) Employee representative: An individual who speaks on behalf of the employee. (7) Grievance: A complaint of an employee or group of employees arising out of the application or interpretation of a specific clause in this MOU. (8) Immediate supervisor: The individual who assigns, reviews, or directs the work of an employee. (9) Superior: The individual to whom an immediate supervisor reports. Section 3. REVIEWABLE AND NON-REVIEWABLE GRIEVANCES. (1) To be reviewable under this procedure a grievance must: (a) Concern matters or incidents that have occurred in alleged violation of a specific clause in this MOU; and (b) Specify the relief sought, which relief must be within the power of the City to grant in whole or in part. (2) A grievance is not reviewable underthis procedure if it is a matter which: (a) Is subject to those reserved City Management Rights as stipulated under Section 4 of the Employer-Employee Relations Policy for the City of Chula Vista or under management rights as specified in this MOU. WCE.MOU 11/21/12-06/30/]3 Page 26 7-125 (b) Is reviewable under some other administrative procedure and/or rules of the Civil Service Commission such as: L Applications for changes in title, job classification or salary. 2. Appeals from a formal disciplinary proceeding. 3. Appeals arising out of Civil Service examinations. 4. Appeals from work performance evaluations. 5. Appeals that have a civil rights remedy or some other remedy specified by law. (c) General complaints not directly related to specific-clauses of this MOU. (d) Would require the modification of a policy established by the City Council or by law. (e) Relates to any City group insurance or retirement program. Section 4. GENERAL PROVISION OF THE GRIEVANCE PROCEDURE. (1) Grievances may be initiated only by the employee or employees concerned and may not be pursued without his or her or their consent. (2) Procedure for Presentation. In presenting his or her grievance, the employee shall follow the sequence and the procedure outlined in Section 5. (3) Prompt Presentation. The employee shall discuss his or her grievance with his or her immediate supervisor within ten (10) working days after the act or omission of management causing the grievance, or within ten (10) working days of when the employee, with the exercise of reasonable diligence, should have discovered the act or omission being grieved. (4) Prescribed Form. The written grievance shall be submitted on a form prescribed by the Director of Human Resources for this purpose. (5) Statement of Grievance. The grievance shall contain a statement of: (a) The specific situation, act or acts complained of a violation of the MOU; (b) The inequity or damage suffered by the employee; and (c) The relief sought. WCE.MOU 11/21/12-06/30/13 Page 27 ~-126 (6) Employee Representative. The employee may choose someone to represent him or her at any step in the procedure. No person hearing a grievance need recognize more than one representative for any employee at any one time, unless he or she so desires. (7) Handled During Working Hours. Whenever possible, grievances will be handled during the regularly scheduled working hours of the parties involved. (8) Extension of Time. The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended. (9) Consolidation of Grievances. If the grievance involves a group of employees or if a number of employees file separate grievances on_ the same matter, the grievances shall, whenever possible, be handled as a single grievance. (10) Settlement. Any complaint shall be considered settled without prejudice at the completion of any step if all parties are satisfied or if neither party presents the matter to a higher authority within the prescribed period of time. (11) Reprisal. The grievance procedure is intended to assure a grieving employee the right to present his or her grievance without fear of disciplinary action or reprisal by his or her supervisor, superior or Appointing Authority, provided he or she observes the provisions of this grievance procedure. (12) Back pay. The resolution of a grievance shall not include provisions for back pay retroactive further than twenty (20) working days prior to the date the grievance is filed. However, if with the exercise of reasonable diligence the act or omission being grieved was not discovered within 10 working days of its occurrence, and the grievance is subsequently timely filed pursuant to Section IV (3), then the ' resolution of the grievance may include provision for back pay for a maximum period of one year from the date the grievance was filed so long as such back pay awards are compliant with the law. Section 5. GRIEVANCE PRGCEDURE STEPS. The following procedure shall be followed by an employee submitting a grievance pursuant this article: Step 1 Discussion with Supervisor. The employee shall discuss. his or her .grievance with his or her immediate supervisor informally. Within three (3) working days, the supervisor shall give his or her decision to the employee orally. Step 2 Written Grievance to Superior. If the employee and supervisor cannot reach an agreement as to a solution of the grievance or the employee has not received a decision within the three (3) WCE.MOU 11/2]/12-06/30/13 Page 28 7-127 working days time limit, the employee may within seven (7) working days present his or her grievance in writing to his or her supervisor. The supervisor shall provide his or her written comments to the grievance and present the grievance and comments to his or her superior within seven (7) working days. The superior shall hear the grievance and give his or her written decision to the employee within seven (7) working days after receiving the grievance. Step 3 Grievance to Appointing Authority. If the employee and superior cannot reach an agreement as to a solution of the grievance or the employee has not received a written decision within the seven (7) working days' limit, the employee may within seven (7) working days present his or her grievance and all written comments and or decisions in writing to his or her Appointing Authority. The Appointing Authority shall hear the grievance and give his or her written decision to the employee within seven (7) working days after receiving the grievance. - Step 4 Grievance to Director and Manager. If the grievance is not settled at the Appointing Authority level, it may be submitted by the WCE Representative within twenty (20) working days to the Director of Human Resources, who shall investigate and report his or her findings and recommendations to the City Manager within ten (10) working days. The City Manager shall provide his or her answer within ten (10) additional working days. The times indicated may be extended by mutual agreement. Any Employee grievance will be filed by the WCE Representative at Step 4. Following the submission of the City Manager's answer, and before going to Section 6, Advisory Arbitration, matters which are unresolved shall be discussed at a meeting between the parties during which all pertinent facts and information will be reviewed in an effort to resolve the matter through conciliation. Section 6. ADVISORY ARBITRATION. Any dispute or grievance which has not been resolved by the Grievance Procedure may be submitted to advisory arbitration by the Association Representative or the City without the consent of the other party providing it is submitted within ten (10) working days, following its termination in the Grievance Procedure. The following Advisory Arbitration procedures shall be followed: (1) The requesting party will notify the other party in writing of the matter to he arbitrated and the MOU provision(s) allegedly violated. Within five (5) working days of the receipt of-this notice, the parties may agree upon an arbitrator, bra -- . panel of three arbitrators trained in conducting grievance hearings. If agreement on an arbitrator cannot be reached, the State Department of Industrial Relations shall be requested by either or both parties to provide a list of five arbitrators. Both the City and the WCE shall have the right to strike two WCE.MOU 11/21/12-06/30/13 Page 29 7-128 names from the list. The party requesting the azbitration shall strike the first name; the other party shall then strike one name. The process will be repeated and the remaining person shall be the arbitrator. (2) The arbitrator shall hear the case within twenty (20) working days after the arbitrator has been selected.- The arbitrator shall make rules of procedure. The arbitrator shall make a written report of his or her findings to the WCE and the City within fifteen (1 S) working days after the hearing is ccncluded. The decision of the arbitrator shall be advisory to the. City Manager who shall render a final decision within ten (10) working days. The arbitrator shall have no authority to amend, alter or modify this MOU or its terms and shall limit recommendations solely to the interpretation and application of this MOU. The above time limits of this provision may be extended by mutual agreement - (3) Each grievance or dispute will be submitted to a sepazately convened arbitration proceeding except when the City and WCE mutually agree to have more than one grievance or dispute submitted to the same arbitrator. (4) The City and the WCE shall share the expense of arbitrators and witnesses and shall share equally any other expenses, including those of a stenographer, if required by either party. If either party elects not to follow the advisory decision rendered by the arbitrator, that party shall pay the entire cost of the azbitration process, including the expense of the azbitrator, witnesses and/or stenographer. WCE.MOU 11/21/12-06/30/13 Page 30 7-129 Kelley K. Bacon Chief Negotiator City of Chula Vista Scott Tulloch Co-Negotiator City of Chula Vista Elizabeth Chopp, P.E. President of Western Council of Engineers Jose Gomez Western Council of Engineers Nancy Watson Western Council of Engineers WCE.MOU 11/21/12-06/30/13 Page 31 7-130