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HomeMy WebLinkAboutReso 2012-214RESOLUTION NO. 2012-214 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 l 1, 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 Kelley K. ~on Director of Human Resources and Information Technology Services Departments Approved as to form by c -, en. R. oogins i ~_~ Ci rney Resolution No. 2012-214 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 ABSENT: Councilmembers: None Cheryl ox,I~ yor ATTEST: ~~ ~~ Donna R. Norris~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. 2012-214 was duly passed, approved, and adopted by the City Council at a regulaz meeting of the Chula Vista City Council held on the 20th day of November 2012. Executed this 20th day of November 2012. ti ~`,~-,~,~,~ Donna R. Norris, CMC, City Clerk Resolution No 2012-214 Page 3 EXHIBIT A `~~ ~/~ ~~ "~~~, u1~ CtN CHULA VtSfA MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF CHULA VISTA AND WESTERN COUNCIL OF ENGINEERS NOVEMBER 21, 2012 -JUNE 30, 2013 WCE.MOU ll/21/12-06/30/13 Pate i Resolution No. 2012-214 Page No. 4 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 201212013. TABLE OF CONTENTS SECTION I ADMINISTRATION ARTICLE 1.01 ARTICLE 1.02 ARTICLE 1.03 ARTICLE 1.04 ARTICLE 1.05 ARTICLE 1.06 ARTICLE 1.07 ARTICLE 1.09 ARTICLE L10 SECTION II PREAMBLE .................................................................................................. 2 RECOGNITION ............................................................................................ 2 CITY RIGHTS ............................................................................................... 2 WCE RIGHTS .................................................................................. .............. 4 LABOR-MANAGEMENT COOPERATION ................................. .............. 5 TERM AND EFFECT OF THIS MEMORANDUM OF ................. .............. 5 UNDERSTANDING ...................................................................... .............. 5 MOU REVISIONS .......................................................................... .............. 6 RETENTION OF BENEFITS .......................................................... .............. 6 SAVINGS CLAUSE ........................................................................ .............. 6 COMPENSATION SUBSECTION A WAGES ........................................................._.............................................. 6 ARTICLE 2.01 WAGES ...................................................................................... ................... 6 ARTICLE 2.02 OVERTIME ................................................................................ ................... 7 ARTICLE 2.03 COMPENSATORY OVERTIIvIE ............................................... ...................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 PAOTECTNE CLOTHING ....................................................... ................... 8 ARTICLE 2.09 PROFESSIONAL ENI2ICHMENT ............................................ ...................9 ARTICLE 2.10 FEES FOR PROFESSIONAL LICENSES/MEMBERSHIPS .... ...................9 SECTION II COMPENSATION .........................................................................................10 SUBSECTION B -BENEFITS ................................................................................................. 10 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 1121/12-06/30/13 Page ii Resolution No 2012-214 Page 5 ARTICLE 3.01 WORK PERIOD ........................................................................ ..................14 ARTICLE 3.02 VACATION ............................................................................... .................. 14 ARTICLE. 3.03 SICK LEAVE ............................................................................. .................. 16 ARTICLE 3.04 BEREAVEA4ENT LEAVE ........................................................ .................. 18 ARTICLE 3.05 HOLIDAYS ............................................................................... .................. 18 ARTICLE 3.06 JURY DUTY ...............:............................................................... ..................20 ARTICLE 3.07 COURT LEAVE ........................................................................ ..................21 ARTICLE 3.08 PROFESSIONAL LICENSE OR REGISTRATION .................. .................. 21 EXAMINATION LEAVE ......................................................... .................. 21 ARTICLE 3.09 JOB SHARING .......................................................................... ..................21 ARTICLE 3.10 LEAVES OF ABSENCE ........................................................... .................. 22 MILITARY LEAVE .................................................................. .................. 22 ARTICLE 3.11 VOLUNTARY WORK FURLOUGH ....................................... ..................22 SECTION IV WORKING 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 1121/12-06/30/li Page iii Resolution No. 2012-214 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 Chapter of the Wesiem 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-Milian-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 regarding 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 unilatemlly 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 duect the work force towazd the organizational goals of the City government. WCE.MOU 11/21/12-06/30/13 Page 2 Resolution No 2012-214 Page 7 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 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 Ciry. - - 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. 7. 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 teaninates and supersedes those partial practices, agreements, procedures, traditions, and Hiles or regulations inconsistent with any matters covered in the MOU. The parties agree that during the negotiations [hat culminated in this MOU, `each party enjoyed the opportunity to make demands and proposals orcounter-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 Ciry'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 bazgaining agreement. WCE.MOU 1121/12-06/30/13 Page 3 Resolution No. 2012-214 Page No. 8 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 ganted use of City facilities by the appropriate authority far meetings composed of WCE members, 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 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 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 designated representative when contacting unit employees during the duty period of the employees. The Appointing Authority or his or her designee shall detemrine 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.). O. The City shall bill WCE $.30-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 11121!12-06130/1 3 Page 4 Resolution No 2012-214 Page 9 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 u911 continue to support the Pride At Work Progam. In addition they will continue to participate in efforts to contain health caze costs. 'fhe 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 MEMORANDL114 OF ITNDERSTANDING 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 Mazch 1, 2013. WCE will endeavor to submit written proposals for such proposed modifications to the City not later than Februay 28, 2013. Proposed modifications not submitted to the City in writing by Febmazy 28, 2013 will not be discussed during the meet and confer process. City agrees that if written proposals aze received from WCE by February 28, 2013, City will be prepared to commence negotiations on those proposals by Mazch 1 ~, 2013. B. The provisions of this MOU shall bC 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 5 Resolution No. 2012-214 Page No. 10 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 forntat and language of the MOU. The purpose of the proposed changes is to reconcile the MOU with the Civil Service Rules, the Employer/Employce 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 deferred 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. 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, the Director of Human Resources and approval by the City Manager. WCE.MOU 11/21/12-06/30/13 Page 6 Resolution No 2012-214 Page I1 B. Effective Dates -All other payroll and wage changes, such as regulaz merit increases, shall be effective at the beginning of the regulaz 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 thao 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 - 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 11/2 times the extra hours worked (except as stated in Article 2.03.). Overtime work shall be petmitted only at the dtrection 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. hvsignificant 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 ~ Resolution No. 2012-214 Page No. 12 ARTICLE 2.04 OUT-OF-CLASS ASSIGNMENT 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 bouts, 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 Nofice" form as percentage amounts only. II. The duration of anout-of--class assignment shall not exceed one calendaz yeaz. 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, aze regulazly required to use their bilingual skills in the performance of their duties will receive $100 per month in addition to their regulaz 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) yeazs. 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 rnte. ' ARTICLE 2:08. .PROTECTIVE CLOTHING The. following posi6on9 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 $ ] 50 per pair of safety shoes, when it has been determined by their Appointhtg 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 S Resolution No 20l 2-214 Page 13 ARTICLE 2.09 PROFESSIONAL ENRICHMENT Employees represented by WCE aze 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 yeaz for professional enrichment. Funds may be -used at any time during the fiscal yeaz. Fiscal yeaz 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 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 yeaz, per employee in addition to any department-wide memberships. ARTICLE 2.11.C C.6 RETIItEE HEALTHCARE The City will no longer provide for subsidized retiree health Gaze rates by offering a blended healthcare rate for employees hired after January 1, 2011. The City will continue to offer a blended healthcaze rate for employees hired prior to January 1, 201. I. WCE.MOU 11/21/12-06/30/13 Page 9 Resolution No. 2012-214 Page No. 14 SECTION II COMPENSATION SUBSECTION B -BENEFITS ARTICLE 2.11 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. Flexible Benefit Plan The City will provide [o 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. Enrollment 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 aze 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 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 calendaz yeaz 2013. 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, 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 cost increases will be WCE.MOU 11/21/12-06/30/13 Page 10 Resolution No 2012-214 Page 15 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 yeaz. The City agrees that in the event of premium decreases there will be no decrease in the Cafeteria Plan allotment. C. Available Cafeteria Benefiu 1. Health Insurance (iVlandatory) 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 dependenu 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. 3. Dental/Medical/Vision (D/M/V) and Dependent Caze Reimbursement Accounts (Optional) Represented employees may allocate a portion of their Cafeteria Plan allotment to either a Dental/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 far the selected plan will be paid by the employee through payroll deductions. 5. Cash (Optional) Represented employees may allocate a portion of [heir 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. WCE.MOU 11/21/]2-06/30/13 Page 11 Resolution No. 2012-214 Page No. 16 6. Flexible Spending Accounts (FBAs) -Health Caze and Dependent Caze Represented employees will be eligible to participate iu 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 Party Administrntor for the administrafion of FSAs. 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. Shor[-Temi/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 minimum 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 Califomia Public Employees Retirement System (Ca1PERS) as set forth in the Califomia Goverrunent Code. wCE.MOU 11/21/12-06/i0/l3 Page 12 Resolution No 2012-214 Page 17 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 12/31/207.2 **New CaIPERS 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. 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. Pte-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 wiIl be applied to the employee contribution to Ca1PERS. The following is a summary of Tier 2 CaIPERS 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 4JCE.MOU 11/21/12-06/30/13 Page 13 Resolution No. 2012-214 Page No. 18 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 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 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 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, calendaz yeaz and employee as found in the Civil Service rules shall apply. II. Vacation WCE.MOU 1121/]2-06/30/13 Page 14 Resolution No 2012-214 Page 19 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 yeaz 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 yeaz 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 years 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 azuuversary date of benefited status. 7. Vacation sell back -All members of represented classifications who have completed at least five (5) yeazs 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!30113 Page 15 Resolution No. 2012-214 Page No. 20 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 necessary 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, pazent-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 permanent probationary employment. This benefit is calculated on 26 pay periods per fiscal yeaz. Permanent part-time employees shall receive sick leave with 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 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 neazest 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 fiunish 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 WCE.MOU 11/21/12-06/30/13 Page 16 Resolution No 2012-214 Page 21 abuse, regazdless 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 requtrement. 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, dwing the fiscal yeaz, 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 neazest whole hour: n~w.r.rwrnvr_ v~eur v crCU LF.AVF. PAY OPTION t25%1 96 hrs 24 hrs 88 hrs 22 hrs 80 hrs 20 hrs 72 hrs 18 hrs 64 hrs 16 hrs 56 hrs 0 If the pay option is selected, the paid sick leave bows, shall be subtracted from the employee's accumulated yeazly sick leave balance. The remaining sick leave bows shall be carved over to the next Fiscal year and accumulated. (Examp]e: 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 aze 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 year. 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 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 by law. WCE.MOU 11/21/12-06/30/13 Pa=°e l~ Resolution No. 2012-214 Page No. 22 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) calendaz 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 Pa a 18 Resolution No 2012-214 Page 23 HARD HOLIDAYS DATES CITY OFFICES ARE CLOSED FY 12113 FY 13/14 INDEPENDENCE DAY 714/12 7/4113 LABOR DAY 9/3/12 9/2/13 VETERANS' DAY 11/12/12 11/11/13 TgANKgGiVTr*G 11/22!12 11/28/13 DAY AFTER TAANKSGPdING 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. BIItTHDAY 1/21/13 1/20114 CESAR CHAVEZ DAY 4/1/13 3!31/14 MEMORIAL DAY 5127113 5/26/14 II. Hazd Holiday Pay R. Hazd A. Full time employees shall receive eight (8) hours pay at their regulaz hourly rate for each hazd holiday. Permanent part-time employees shall receive holiday pay at their regulaz 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 afiy hazd holiday. C. If a hazd 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 yeaz 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 Resolution No. 2012-214 Page No. 24 floating holiday time in the proportion that such part-time employment beazs 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 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 appeaz 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 4110 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 particulaz 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 tojury duty will be submitted on the City leave form. H. An employee whose work week is other than Monday through Friday (8:00 am. to 5:00 p.m.) may have jury duty work day adjustments made by his of her supervisor. WCE.MOU 1121/12-06/30/13 Page 20 Resolution No 2012-214 Page 25 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. g. 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 aze 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 Sheir supervisor with a copy of the legal subpoena and provide other documentary evidence of service. F. When employees aze 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 aze 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 SIIARING 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 1 112 1/12-06/3 0/1 3 Page 21 Resolution No. 2012-214 Page No. 26 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 cleazly 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 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 aze 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 yeaz, may carry over the unused hours into the 2013-2014 fiscal yeaz. 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 ]eave 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 yeaz. " 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 voluntary furlough hours and paid special leave days credited to them on the fast full pay period to include December 1, 2012. The City shall then begin payroll deductions for-the voluntary furlough under this section the firstpay 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 Resolution No 2012-214 Page 27 SECTION IV WORKING 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. II. Should any unit employees breach the obligations of Paragraph 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 wrath 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 al] 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 r 1. The Assistant Engineer classification will be considered a cazeer advancement position to the Associate Engineer level. Employees will not be required to undergo a promotional exam but will qualify for certification upon (I) fulfillment of a minimum of one yeaz 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 11121/12-06/30/13 Page 23 Resolution No. 2012-214 Page No. 28 2. Employees classified as an Associate Engineer will be allowed to use the working titles of Associaze Civil Engineer or Traffic Engineer upon (a) becoming registered as a Professional Civil Engineer or Professional Traffic Engincei 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 Califonua 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 Califomia 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. La 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 department will determine whether it has any non-driving assignments that can be filled by employees who would otherwise have driving assignments. B. Nen-driving assignments will be given on a first come, fast served basis. For example, if two. employees in a department have anon-valid driver's license and there is only one non-driving assignment, Uie.fust employee who comes forward wdl be given the non-driving assignment. 'The other employee may apply for a leave of absence as described above. WCE-MOU 11!21/12-06/30/13 Page 24 Resolution No 2012-214 Page 29 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 thew 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 duect deposit program will be phased in so that employees who do not currently have an account with a fmancial institution have sufficient time to establish accounts with the financial institution of their choice. The fmal 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 I1Y21112-06/30!li Page 25 Resolution No. 2012-214 Page No. 30 (3) Resolve grievances as quickly as possible and correct, if 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 calendar day, excluding Saturdays, Sundays and hazd 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 regulaz (not temporary) employee of the City, except an elected official. (6) Employee representative: An individual who speaks on behalf of the employee. ('n 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 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 MOU. WCE.MOU 11/21/12-06/30/13 Pale 26 Resolution No 2012-214 Page 31 (b) Is reviewable under some other administrative procedure and/or Hiles of the Civil Service Commission such as: 1. 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 Duector 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.MOti 11/21/12-06/i0/13 Page 27 Resolution No. 2012-214 Page No. 32 (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 wMch 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. (11) Reprisal. The grievance procedure is intended to assure 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 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 ]0 working days of its occurrence, and the grievance is subsequently [unely filed pursuant to Section N (3), then the ' resolution of the grievance may include provision for back pay for a maximum period of one yeaz from the date the grievance was filed so long as such back pay awazds are compliant with the law. Section 5. GRIEVANCE PROCEDLJRE 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 1121/12-06/30/13 Page 28 Resolution No 2012-214 Page 33 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 heat the grievance and give his or her written decision to the employee within seven ('n 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 heaz the grievance and give his or her written decision to the employee within seven (7) working days afrer 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 aze 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 ARBITRAT[ON. 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 party in writing of the matter to he azbitrated and the MOU provision(s) allegedly violated, Within five (5) working days of the receipt of-this notice, the parties may agree upon an azbitrator, 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 Resolution No. 2012-214 Page No. 34 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 azbitrator shall heaz the case within twenty (20) working days after the azbitrator has been selected.. The azbitrator shall make rules of procedure. The azbitrator 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 concluded. The decision of the arbitrator 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 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 separately convened arbitration proceeding except when the City and WCE mutually agree to have more than one grievance or dispute submitted to the same azbitrator. (4) The City and the WCE shall shaze the expense of azbitrators 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 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 Resolution No 2012-214 Page 35 elley 1 . acon - Chief Ne otiator City of Chula Vista ~<~~ Scott Tulloch Co-Negotiator City of Chula Vista Elizabeth Chopp, P.E. President of Westem Council of Engineers Jose Gomez Western Council of Engineers Nancy Watson Westem Council of Engineers WCE.MOU 11/21/12-06/30/13 Pale 31