Loading...
HomeMy WebLinkAboutReso 2012-213RESOLUTION NO. 2012-213 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/PROFESSIONAL ASSOCIATION/SEIU LOCAL 221, CLC, CTW ("MM/PA") REGARDING COMPENSATION AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT WHEREAS, the City of Chula Vista 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 Government 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 i ~~~~ Kel ey K. B on Director of Human Resources and Information Technology Services Departments Approved as to form by i len. R. Goggins Atto y ~_ Resolution No. 2012-213 Page No. 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 20th day of November 2012 by the following vote: AYES: Councilmembers: Aguilaz, Bensoussan, Castaneda, Ramirez and Cox NAYS: Councilmembers: None BSENT: Councilmembers: None ~:/' Chery~ ayor ATTEST: ~~t. ~ ~~~ Donna R rorr sN CMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2012-213 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 20th day of November 2012. Executed this 20th day of November 2012. Dorma R. Norris, CMC, City Clerk Resolution No 2012-213 ,~{r, ~~ CHUlA V1SfA MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF CHULA VISTA AND CIIULA VISTA MID MANAGERS/PROFESSIONAL ASSOCIATION FY November 21, 2012 -June 30, 2013 Resolution No. 2012-213 No. 4 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 ARTTCLE 1.01 PREAMBLE ................................................................................................... ....3 ARTICLE 1.02 RECOGNITION ............................................................................................. ....3 ARTICLE 1.03 CITY RIGHTS ................................................................................................ .... 4 ARTICLE 1.04 CVMMlPROFA RIGHTS .............................................................................. .... 5 ARTICLE 1.05 LABOR-MANAGEMENT COOPERATION ................................................ .... 6 ARTICLE 1.06 TERM AND EFFECT OF THIS MEMORANDUM OF UNDERSTANDING 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, PROTECTNE CLOTHING, & TOOL ALLOWANCE. .. 10 ARTICLE 2.08 PROFESSIONAL ENRICHMENT ................................................................ .. 10 SECTION II COMPENSATION ............................................................::........................ .. 11 SUBSECTION B BENEFTTS .............................................................................................. ...11 ARTICLE 2.09 EMPLOYEE BENEFITS ............................................................................... ... 11 ARTICLE 2.10 GROUP TERM LIFE INSURANCE ............................................................. ... 14 ARTICLE 2.11 RETIItEMENT .............................................................................................. ...14 ARTICLE 2.12 DEFERRED COMPENSATION ................................................................... ... 16 SECTION III HOURS ................................................. 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 NRY DUTY ......................................... ARTICLE 3.07 COURT LEAVE .................................... ARTICLE 3.08 JOB SHARING ...................................... MM/PROFA MOU 11/21/12 - D6/30/13 ............................................... 17 ............................................... 17 ................. 17 ................. 18 ................. 20 ..................................:... 21 .................................... 22 ........................... 23 ........................... 23 Page 1 Resolution No 2012-213 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 MMlPROFA MOU 11/21!12 - 06/30!13 Page 2 Resolution No. 2012-213 Page No. 6 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 confemng 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 MMlPROF 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 ]aws. 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. Onen Period. Notwithstanding any other provision of this Agreement, during the five (5) -day period which constitutes the fust full workweek of Mazch of each yeaz 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 11/21112 -06/30/13 Page 3 Resolution No 2012-213 ARTICLE 1.03 CTI'Y RIGHTS The MM/PROF agrees that the City has the right to unilaterally make decisions on all subjects that aze outside the scope of bazgaining. The exclusive rights of the City shall include, but not be limited to: A. Establish, plan for, and dtrect 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 dischazge 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 but 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 Resolution No. 2012-213 Page No. 8 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 opportunity4o make demands and proposals or counter-proposals with respell 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 opporhrrtity 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, or when the exercised right involves a matter that is a mandatory subject of bazgaining.. ARTICLE 1.04 CVNLM/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 regazding the employer-employee relationship, provided that the work operation and service to the public aze 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 regulazly 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 boazds 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 foraeview prior to posting. N The City shall bill MM/PROF $0.] 0 per member,per pay period for the full costs incurred for dues deduction onbehalf of MM/PROF. V. MM/PROF shall be provided, upon request, such literature and public documents as may be necessazy (i.e., City budget, Civil Service Commission meetings, open Council MM/PROFA MOU 11/21/12 - 06/30113 Page 5 Resolution No 2012-213 Pace 9 conferences, etc) when the requested documents aze not available on the City's Intranet or intemet. ARTICLE 1.05 LABOR-MANAGEMENT COOPERATION The parties agree that during the term of this MOU, they will continue to participate isefforts 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 regazd 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 MM/PROF 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 parry 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 MOU for the full term of this MOU and for any such additional period of time as provided in Section ].06. Benefits, rights, or privileges not specifically covered by this MOU, but subject to the Meyers-Milias-Brown Act, may be acted upon by the City without mutual consent after meeting- - and conferring with MMlPROF. MM/PROFA MOU 11/21/12 - 06/30/13 Page 6 Resolution No. 2012-213 Paee No. 10 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 amving at a mutually satisfactory replacement for any article or section invalidated by operation of ]aw. MMIPROFA MOU 11/21!12 - 06/30/13 Page 7 Resolution No 2012-213 Pale 11 SECTION II COMPENSATION SUBSECTION A. WAGES ARTICLE 2.01 WAGES MM/PROF represented employees aze FLSA-exempt. II. MM/PROF-SEIU represented employees shall receive cone-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 CaIPERS. The City agees 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 ageement. 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 regulaz 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 designeeprior to the assignment: The assignment shall be for aperiod - of more than 10 consecutive work days, and the employee may be compensated with a minunum 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 Resolution No. 2012-213 No. 12 ARTICLE 2.03 OUT-OF-CLASS ASSIGNMENT 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 are 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 aze regulazly required to use their bilingual skills in the performance of their dufies, 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 regulaz pay. Employees who wish to continue receiving bilingual pay must successfully complete a Bilingual Performance Examination once every three (3) yeazs. 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 11/21712 - 06!30/13 Page 9 Resolution No 2012-213 Pace 13 ARTICLE 2.07 SAFETY EQUIPMENT, PROTECTIVE CLOTHING, AND TOOL ALLOWANCE MM/PROF, upon recommendation of their Department Head, shall receive $150 towazds 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 yeaz. Fiscal year reimbursements under the City's "Professional Enrichment" will be closed the sewnd Thursday in June. Employees may request reimbursement for professional enrichment expenses in accordance with Internal Revenue Code Section 132, or any other applicable stale 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, fast 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 - 06/3D/13 Page 10 Resolution No. 2012-213 No. 14 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-how biweekly pay period. L 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 ]25 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 MM/PROF 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 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 paragraphs ]-4 of this section. A. Enrollment Newly eligible employees (new hires or those changing from an ineligible to an eligible position) will be covezed under the City's Cafeteria Benefits Plan effective their date of hire in that eligible position. All of the Cafeteria Benefits aze effective from the employee's date of hire except the Dental Plans which are effective the fast of the month following the employee's date of hire in an eligible position. Employees who fail to submit requited 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 MM/PROFA MOU 11/21/12 - 06/30/13 Page 11 Resolution No 2012-213 Paee 15 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 canceled 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 calendaz year 2013, to purchase eligible benefits. 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, annually, [hereafter, the City will shaze 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 p]an 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. Emollment application must be received in 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 (Opfional) Represented employees will be eligible to participate in any City sponsored group dental plan. Any difference between the employee's MMlPROFA MOU 1121/12 - 06/30/13 page 12 Resolution No. 2012-27 3 Page No. 16 available Cafeteria Plan allotment and the premium for the selected plan will be paid by the employee through payroll deductions. 3. Dental/MedicallVision (D/M/V) and Dependent Caze 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 (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 Caze 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 Party Administrator for the administration of FSAs. The City will pay the start-up costs associated with third party administration. Participating employees will pay any required fees (montlt~y, per employee, per transaction, etc.). D. Short-Tem~/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 -06130/1 3 Page 13 Resolution No 2012-213 Paee 17 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-Tenn 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 RETIItEMENT The City will provide to represented members retirement benefits via contract with the Califomia 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-Yeaz Final Compensation- B. Fost-Retirement Survivor Allowance C. Credit for Unused Sick Leave D. 4~n Level ] 959 Survivor Benefit. MM/PROFA MOU 11!21/12 - 06/30/13 Page 14 .Resolution No. 2012-213 Page No. 18 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 CaIPERS. 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 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 CaIPERS 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 Resolution No 2012-213 Resolution No. 2012-213 Page No. 20 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. Defmitions For the purpose of this article, the defuutions relating to vacations as found in the Civil Service Hiles 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 fast through fourth yeazs of service. 2. Employees will accrue and be eligible to receive 120-hours annually during fire fifth through ninth yeaz of service. 3. 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 excess of the thiee-yeaz limitation will be lost. 6. Vacation accrual rate changes-=will became 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 Yive (5) years of service shall have the option of selling a total MM/PROFA MOU 11/21/12 - O6/3D/13 Page 17 Resolution No 2012-213 Page 21 of 80-hours of vacation per fiscal year back to the City two times per fiscal yeaz 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 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 chazged 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 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, stepparent, sibling, pazent-in-law, grandparent, 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, beginning at the time of full-time probationary employment. This benefit is calculated on 26 pay periods per fiscal yeaz. Permanent part-time employees shall receive sick leave pay in the proportion that such part-time employment beazs 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. N. Sick Leave Use -Sick leave balances shall be reduced far 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 akeady accumulated. MMfPROFA MOU 11/21/12-06/30/13 page 18 Resolution No. 2012-213 Page No. 22 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 j ob in order to determine eligibility for sick leave. If an employee is to be required to famish 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. Exhausfion 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 ofsix-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 yeaz, shall have the option of converting twenty-five percent (25%) of their remaining yeazly sick leave to pay. B. Pay shall be computed based on the following schedule and all computations shall be rounded to the neazest whole hour: REMAIMNG YEARLY SICK LEAVE . .PAY OPTION (25%1 96 hts 24 hrs 88 hrs 22 hrs 80 hts 20 hrs 72 hrs 18 hrs MM/PROFA MOU 1121112 - 06/30/13 Page 19 Resolution No 2012-213 Paee 23 hrs 56 hrs or less C. If the pay option is selected, the paid sick leave hours shall be subtracted from the employee's accumulated yeazly sick leave balance. The remaining sick leave hours shall be tamed 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 76 hours. The l6 hours aze subtracted from his or her remaining yearly 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 yeaz. 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 yeaz 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 yeaz. 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 bylaw. 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 enfitled 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 writtesrequest and receives written approval from their Appointing Authority when staffirig permits, such employee shall be allowed to use their accumulated sick leave, .vacation, compensatory time or floating holiday time for up to five (5) calendaz days, plus three (3) travel days. MM/PROFA MOU 11/21/12 - 06!30/13 Page 20 Resolution No. 2012-213 Page No. 24 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 immediatelextended 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 aze 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 HOLH)AYS I. The City will be closed on the following hazd holidays: Independence Day, Labor Day, Veterans Day, Thanksgiving, Day after Thanksgiving, Christmas, New Yeaz's Day, Martin Luther King Jr.'s Birthday, Cesaz 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 shifr was greater than eight (8) hours. B. If a hazd holiday falls on an employee's regularly scheduled workday and the employee takes that day off, he ai she will receive eight (8) hours of holiday pay for that day. The employee must use ihe,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 Resolution No 2012-213 Page 25 III. Floating Holidays A. .Srttount -Effective the first pay period of the fiscal yeaz 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 year will lose such time. The smallest unit of time chazgeable to floating holiday time is one half hour. -' N. Management Leave A. MM/PROF Middle Managers/Professionals will receive 88 hours of Management Leave each fiscal year. ARTICLE 3.06 .TURY DUTY Employees who aze called to serve on jury duty for any county, state, or federal court within the San Diego azea shall be entitled to paid leave under the following circumstances: I. 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. II. The employee must submit a daily court authorized, stamped time card accounting for all hours of required service ordered by the court. III. 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. N. Employees who aze 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 requued 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. MMlPROFA MOU 11/21/12 - 06/30/13 Page 22 Resolution No. 2012-213 Page No. 26 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 LEAV): Court leave is paid leave granted by the City to enable an employee to fiilfill 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. II. 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 aze 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 shazed on an hourly or daily basis. All legally permissible benefits will bepro-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. MM/PROFA MOU 11/21/12 - 06/30/13 Page 23 Resolution No 2012-213 Page 27 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 Resolution No. 2012-213 Page No. 28 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. II. Should any unit employees during the term of this Memorandum of Understanding breach the obligations of Pazagraph I, the Ciry Manager or his of 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. N. 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 fmancially 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 Duector of Human Resources: Written requests must provide significant justification to support the request for the study. MM/PROFA MOU 11/21/12 -06/30/13 Page 25 Resolution No 2012-213 Pate 29 ARTICLE 4.03 FTTNESS 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 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 MM/PROF aze 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 Al] 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 fmancial institution of their choice. MMIPROFA MOU 11/21/12 -06/3(]113 Page 26 Resolution No. 2012-213 Page No. 30 ARTICLE 4.07 GRIEVANCE PROCEDURE This grievance procedure shall be in effect during the full term of this Memorandum of Understanding. Section 1. PURPOSE. The purposes and objectives of the grievance procedure aze to: (1) Resolve disputes arising from the interpretation, application, or enforcement of specific terms of this agreement. (2) Encourage the settlement of disagreements inforn~ally 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 calendaz day, excluding Saturdays, Sundays, and hazd 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 Resolution No 2012-213 Page 31 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 administmtive procedure and/or rules of the Civil Service Commission such as: I. Applications for changes in dtle,job classification, or salary. 2. Appeals from formal disciplinary proceeding. 3. Appeals arising out of Civi] Service examinations. 4. Appeals from work performance evaluations. 5. Appeals that have Affirmative Action or civil rights remedy. (c) General complaints not dtrectly 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. MMlPROFA MOU 11!21112 - 06/30/13 Page 28 Resolution No. 20 ] 2-213 Page No. 32 (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 (]0) 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 procedwe. 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 procedwe may be extended by mutual written consent of the parties involved. A statement of the dwaflon 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 51e sepazate 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. (I1) Reprisal. The grievance procedwe is intended.to asswe a grieving employee the right to present his or her grievance without feaz of disciplinary action or reprisal by his or her supervisor, superior, or Appointing Authority, provided he or she observes the provisions of this grievance procedwe. MM/PROFA MOU 1 t/21/12 - 06/30/13 Page 29 Resolution No 2012-213 Pale 33 (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 Huth 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 heaz 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 heaz 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, matter which aze unresolved shall be discussed MM/PROFAMOU 11/21/12-06130/13 Page 30 Resolution No. 2012-213 Page No. 34 at a meeting between the parties during which al] 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 azbitration 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 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 azbitrator, 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 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 azbitrator. (2) The azbitrawr shall heaz the case within twenty (20) working days afer the azbitrator has been selected. The azbitrator may make a written report of their findings to the Association and the City within fifreen (15) working days after the hearing is concluded. The azbitrator shall make rules of procedure. The decision of the azbitrator shall be advisory to the City Manager who shall render a final decision within ten (10) working days. The azbitrator shall have no authority to amend, alter, or modify this agreement or its temts 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 sepazately convened azbitration 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 shale -the expense of arbitrators and witnesses . and shall shaze 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 azbitrator, that party shall pay the entire cost of the azbitration process, including the expense of the azbitrator, witnesses, and/or stenographer. MMlPROFA MOU 11!21/12 - 06/30113 Page 31 Resolution No 2012-213 Page 35 Negotiating Team Members CITY OF CHULA VISTA: ~~~- Kelley acon,ChiefNegotiator City of Chula Vista SEN Loca1221: i Bazbaza Brookover, Chapter President Scott Tulloch, Co-Chief Negotiator City of Chula Vista MM/PROFA MOU 11/21/12 - 06/30/13 john Cues; Chapter Vice President Lois Balfor SEIU Local 221, Sr. Worksite Organizer Page 32 Resolution No. 2012-213 Page No. 36 CITY OF CEiULA VISTA PROPOSALS TO SEIU 221 Appendix (A) Middle Management Classifications After School Program Manager Animal Caze Facility Manager Applications Support Manager CIP Projects Supervisor Collections Supervisor Communications System Manager Construction and Repair Manager Crime Laboratory Manager Custodia] & 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 Librazy Operations Manager Literacy & Programming Coordinator Open Space Coordinator Open Space Manager Operations and Telecommunications Manager Pazks 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 - 06/30113 Page 33 Resolution No 2012-213 Page 37 CITY OF CI3ULA VISTA PROPOSALS TO SEIU 221 Appendiz(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 btformation Officer (PD) Public Works Coordinator Redevelopment Eoordinator 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