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HomeMy WebLinkAbout2013/08/06 Item 07TY COUNCIL STATEMENT ~`~~ CITY OF CHULA VISTA AUGUST 6.2013 Item ~ ITEM TITLE: (A) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVLNG A ?`~MORANDUI~I OF UNDERSTANDL\'G BET\~~EN THE CITY OF CHUZA VISTA Ai\'D THE VfID-iVLANAGERS/PROFESSIO\AL/ SEN-LOCAL 221 BARG.AINl\G UNIT ("A4M/PROF/SEN°) RELATED TO COMPENSATION P,i\TD OTHER TERMS AND CONDITIONS OF EMPLOI'MENT (B) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED COMPENSATION SU-ivIl~IARY FOR ALL UNREPRESENTED EMPLOYEES AND ELECTED OFFICIALS, INCLUDING AUTHORIZATION FOR THE MAYOR TO EXECUTE ANY NECESSARY CONTRACT AMENDMENTS TO IMPLEA~NT SAID AD~NDED COMPENSATION SUA~4ARY (C) JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AND THE CHULA VISTA HOUSING AUTHORITY APPRO«TG AN ADMINTISTRATIVE ENCUtiIBRAi\TCE (CARRYOVER) OF 5600;000 FROM FISCAL YEAR 20li TO FISCAL YEAR 2014; THE TRP.i\rSFER OF 5448;907 FROM THE NON- DEPARTMENTAL BUDGET TO GENERAL FU?\~ DEPARTMENT BUDGETS. Ai\TD APPROPRIATL~'G FU1'DS TO THE FOLLOR'ING FUNDS - POLICE GRANTS: E\1~IR0\TgNTAL SERVICES. CV HOUSING AUTHORITY. CENTRAL GARAGE. TRAi\~SIT. A\~ DEVELOPMENT SERVICES (4/~THS VOTE REQUIRED) SUBMITTED BY: DEPUTY CITY MANAGER/DIRECTOR OF HUMAN RESOURCES REVIE~i'ED BY: CITY ~ NAGER ASSISTANT CITY 4ANAGER 7-1 AUGUST 6, 2013 Item Page 2 of 9 4/STHS VOTE: RESOLUTIONS A & B: YES e NO 8 4/STHS VOTE: RESOLUTION C: YES X NO SUA7TIARY This resolution will provide benefit enhancements for the following miscellaneous employee groups: • Mid-Managers/Professional (MM/PROF/SEN) During the past several months, representatives for the City have met independently with representatives for MM/PROF/SEIU towards developing a mutually beneficial MOU covering fiscal years 20li-2015. The City has reached agreement with the MM/PROF/SEN bargaining unit on a benefits package covering this timeframe. The proposed benefit enhancements were ratified by a majority of MM/_PROF/SEIU members on July 22, 2013. • Unrepresented Employees (Confidential Unclassified, Confidential Classified, Confidential Middle Managers/Professional, Unclassified Middle Manager/Professional, Senior Management, Executive, Mayor, Council, City Attorney and Unclassified Hourly) The City workforce consists of both represented and unrepresented employees. It has long been a practice of the Ciry (with few exceptions) to update the compensation and benefit summary for all unrepresented employees afrer the ratification of the represented bazgaining unit MOU. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. RECODIMENDATION Council adopt the resolution BOARDS/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION Earlier this year the negotiating team representing the Mid-Managers/Professional met independently with the City's negotiating team to develop a new Memorandum of Understanding for their bargaining unit. A two-year packaged was developed which covers Fiscal Years 2013-2015 (expires June 30, 2015). Summan~ of Basic ~VaQe and Benefits Packaee for ]Middle Manager/Professionals Group 7-2 AUGUST 6, 2013 Item Paee 3 of 9 Aliddle Dlanagers/Professional • MI~1/PROF/SEIU represented employees will receive the following compensation enhancements throughout the course of the two-pear contract: • Fiscal Year 20li-2014 o Starting July 12; 2013; represented employees shall receive a 2% salary adjustment o In the first full pay period of January 2014, represented employees shall receive the following salary adjustments: • Represented employees in classifications identified in attachment 1 shall receive a 3% salary adjustment • Represented employees in classifications identified in attachment 2 shall receive a 2% salary adjustment • Represented employees not receiving salary adjustments as set forth above shall receive a 1% salary adjustment _ • Fiscal Year 2014-2015 o No automatic salary adjustments; however, the City will endeavor, in good faith, but cannot commit and it not required to, provide additional salary adjustments in FY 2014-15 based upon the City Managers determination that salary adjustments are feasible based upon, but not limited to; consideration of the followine financial indicators: • The five year financial forecast prepared by the Finance Department reflects a structurally balanced budeet durine the term of the next possible salary adjustment increase during the re-opener period set forth in this paragraph • Assessed value increased ereat than the 2% CPI based on the most recent report from the County of San Diego • General fund total operating resen~es have remained stable from the prior fiscal year • Sales tax trends reflect averaee increases in the past three consecutive reporting periods when compared to the same reporting periods in the prior year o To allow for salary adjustment increases, the City may reopen the MOU at any time starting in the month of February 2014 for salary adjustment increases that would be implemented during the FY 2014-2015 time period • _ The flex benefit amount is fixed at S12,762 for employees with sinele coverage; coverage outside of the City; or coverage with another Cih~ employee. The flex benefit amount for Employee + 1 and Employee + Family will be adjusted under_the current 50/50 cost sharing formula • Job sharing requests may be granted by the Human Resources Director • Professional enrichment increased from 515;000 to 532,000 The City workforce consists of both represented and unrepresented employees. It has long been a practice of the City (with few exceptions) to update the compensation and benefit 7-3 AUGUST 6, 20li Item Page 4 of 9 summary for all unrepresented employees after the ratification of the represented bargaining unit MOU. The Unrepresented employees are in the following employee groups: Confidential Unclassified, Confidential Classified, Confidential Middle Managers/Professional, Unclassified Diddle Manager/Professional, Senior Management, Executive including those with employment contracts, Mayor, Council, City Attomey and Unclassified Hourly. Annual salary for the Mayor shall be equivalent to 66% of the salary of a Judge of the Superior Court of the State of California. Councilmembers shall receive 40% of the salary of the Mayor. The City Attorney shall receive an annual salary as set forth by resolution. Benefits for Mayor and Councilmembers are specified in Attachment (1), Section V. Summary of Basic ~3'aQe and Benefits Package for Unrepresented Group Confidential Unclassified, Confidential Classified, Confidential Middle Aanagers/Professional, Unclassified Middle Manager/Professional, Senior Aanagement, Executive, Mayor, Council, City Attorney and Unclassified Hourly. Confidential Unclassified, Confidential Classified, Confidential Middle Managers/Professional, Unclassified Middle Manager/Professional, Senior Management, Executive employees will receive the following compensation enhancements throughout the course of the two-year term: • Fiscal Year 2013-2014 o Starting July 12, 2013, Confidential Unclassified, Confidential Classified, Confidential Middle Managers/Professional, Unclassified Middle Manager/Professional, Senior Management, and Executive shall receive a 2% salary adjustment o In the first full pay period of January 2014, unrepresented employees shall receive the following salary adjustments: Executive and Senior Managers positions may receive salary adjustments that will be based on internal alignment, compaction issues and the distance from the 66% of the market data. Confidential Unclassified, Confidential Classified, Confidential Middle Managers/Professional, Unclassified Middle Manager/Professional position shall receive the following salary adjustments • Represented employees in classifications identified in compensation summary (page 13 & page 20) shall receive a 3% salary adjustment Represented employees in classifications identified in the compensation summary (page 13 & page 20) shall receive a 2% salary adjustment • Represented employees not receiving salary adjustments as set forth above shall receive a ] % salary adjustment • Fiscal Year 2014-2015 o No automatic salary adjustments; however, the City will endeavor, in good faith, but cannot commit and it not required to, provide additional salary 7-4 AUGUST 6.2013 Item 7 Page ~ of 9 adjustments in FY 2014-16 based upon the City Manager's determination that salary adjustments are feasible based upon, but not limited to, consideration of the follo~vine financial indicators: • The five }'ear financial forecast prepared by the Finance Department reflecu a structurally balanced budget during the term of the next possible salary adjustment increase • Assessed value increase sreater than the 2% CPI based on the most recent report from the Count} of San Dieeo • General fund total operating resen~es have remained stable from the prior fiscal year • Sales tax trends reflect average increases in the past three consecutive reporting periods when compared to the same reporting periods in the prior year • The flex benefit amount is fixed at S12,386 for Confidential Unclassified, Confidential Classified, 512,762 Confidential Middle Managers/Professional, and Unclassified A4iddle Manager/Professional, Sli,762 for Senior Managers and S16,162 for Executive/Elected employees with single coverage; coverage outside of the City; or coverage with another City employee. The flex benefit amount for Employee + 1 and Employee + Family will be adjusted under the current 60/60 cost sharing formula. • Job sharing requests may be granted by the Human Resources Director • Professional enrichment increased from S 56.470 to S6.260 for Confidential Unclassified and Classified and increased from 54,000 to S16,600 for Confidential and Unclassified Middle Manaeers/Professionals. Unclassified Hourly (UCHR) position titles that match a bargaining unit classification title shall receive a salary adjustment equivalent to the position it matches within the respective bargainine unit. DECISIO\' bIAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 600-foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. CURRENT YEAR FISCAL Il~IPACT The fiscal year 2013-14 implementation costs related to salary changes reflected in the MOU with i\~4/PROF/SEIU and the Compensation Summary for the unrepresented employees is estimated at 5641,250 for all funds. The estimated annualized (ongoing) costs related to these changes total 5791,000 for all funds. The fiscal year 20li-14 estimated cost to the General Fund total S448,907; the estimated annualized (ongoing) costs total 5666,000. The fiscal year 20li-14 General Fund budget includes approximately 5646;000 in the Non- Departmental budget that was set-aside for employee compensation as part of the development 7-5 AUGUST 6, 2013 Item_Z_ Page 6 of 9 of the budget. An additional $600,000 is being rolled over from fiscal year 2012-13 to fiscal year 20li-14 per Council direction for employee compensation. Staff is requesting to transfer funds from Non-Departmental to the impacted General Fund departments to address the changes to employee compensation. These transfers result in no net change to the General Fund. The table below outlines the transfer amounts by department. Summary of General Fund Transfers Non-Departmental $ (448,907) City Corutcil $ 13,570 City Clerk $ 12,380 City Attorney $ 44,303 Administration $ 48,452 _ _ Information Technology Sen~ices $ 40,753 Human Resources $ 41,153 Fn~ance $ 56,244 Animal Care Facility $ 8,030 Development Services - GF $ 14,969 Police $ 43,851 Fire $ 31,586 Public Works $ 63,896 Recreation $ 14,007 Library $ 15,713 Total General Fund $ - Positions impacted by these changes are budgeted in the General Fund and other funds, including Development Services Fund and Police Grants Fund. Unlike the General Fund, funds were not set aside as part of the development of the fiscal year 2013-14 budget to address employee compensation for other funds since these funds have available reserves or revenues to offset these costs. With a couple of exceptions, staff is recommending appropriations from the respective available fund balance of each fund to address the changes to employee compensation. The appropriations for the Police Grants fund will be offset by increased reimbursement revenues. The table below reflects tihe fiscal year 2013-14 fiscal impact to the other funds and the appropriation amount. 7-6 AUGUST 6, 2013 Item 7 Paee 7 of 9 Summary of Appropriations by Fund r ~_+ r 111" iy_:_' 3 :~.. G __ .iE=,. 1 1 i ."~- ~ - Police Grartts Fund { S 90.231 Environmental Services 5 2.830 CV Housing Authority Fund 5 12;362 Central Garaee Fund 5 3.689 Transit CVI'v S 4.88.1 Development Services Fund S 72.286 Total Other Funds S 186.281 The estimated fiscal impact to the Advanced Life Support Program Fund and Redevelopment Obligation Retirement Fund is 53;230 and 52,830 respectively. The impact to these funds will be addressed through an intra-fund transfer therefore no appropriation is requested at this time. The i\4OU and Compensation Summary also reflect changes to flex allotments (medical benefits) and professional enrichment. The fiscal impact of the changes to flex allotments cannot be determined at this time since the cost for medical insurance premiums for calendar year 2014 have not been determined yet. It is expected that freezing flex allotments will result in ravines but the acrual amount will depend on the number of employees with single coverage and the increase to flex allotments. No budget changes are proposed at this time relating to flex allotments. The fiscal year 2013-14 budget includes SI5,000 for professional enrichment for D4IvI/PROF/SEIU; with the adoption of the new MOU this amount will increase to S32,000 for a net increase of S17,000. Staff is recommendine that Professional Enrichment also be increased for the Confidential group b}~ S780 and for the unrepresented A4id Managers and Professionals by 511,600. There are sufficient funds in the 1v'on-Departmental Personnel Services budget to address these increased costs. During the development of the fiscal year 2013-14 budget; Council directed staff to identify additional funds for employee compensation. Staff projected that there would be one-time savings in the fiscal year 2012-L3 budget of approximately S600,000 that could be used to address employee compensation. Staff is requesting that Council authorize the establishment of an administrative encumbrance in the fiscal year 2012-li General Fund budget that will allow the carryover of 5600;000 in expenditures savings to fiscal year 20li-14. These funds will be transferred from various General Fund departments to the Personnel Services category of the Non-Departmental budget. As the City reaches agreement with other bargaining groups, staff will rerurn to Council to then transfer these funds from the Non-Departmental budget to the impacted General Fund departments. ONGOI~`G FISCAL Ii\'iPACT As noted above, the annualized implementation costs related to the MOU with MMIPROF/SEN and the Compensation Summary for the unrepresented employees is estimated at 5791,000 for all funds based on year 1 compensation changes. Costs related to the implementation of the second year of the contract will depend on furure negotiations. 7-7 AUGUST 6, 2013 Item Paoe 8 of 9 The table below reflects the estimated annualized costs by department/fund based on the year I compensation changes. These costs will be incorporated into the fiscal year 2014-15 baseline budget and will be brought to Council for approval as part of the normal budget adoption process. Summary of Annualized Costs by Department/Fund B'1. 11i 1 I~1 ~'fl ~.F'Ft,_~_'.,~t~fS_ .,",.~~ ~1 1 "1 ~ 1... y.. CrtyCouncil $ 16,000 Ciry Clerk S 16,000 City Attorney $ 55,000 Administration S 61,000 Information Technology Srvcs $ 51,000 Human Resources $ 53,000 Finance $ 70,000 Animal Care Facility $ 10,000 Development Services - GF $ 18,000 Police $ 55,000 Fire $ 42,000 Public Works S 81,000 Recreation $ 18,000 Library $ 19,000 Total General Fund $ 565,000 Advanced Life Support Program Fund $ 4,000 Police Grants Fund $ 107,000 Environmental Sen~ices $ 3,000 CV Housing Authority Fund $ 14,000 Redevelopment Obligation Retirement Fund S 3,000 Central Garage Fund $ 5,000 Transit $ 7,000 Development Sen'ices Fund $ 83,000 Total Other Funds $ 226,000 Total All Funds S 791,000 Note: Cost information reflect fiscal year 2013-14 PERS rates based on the information provided by Ca1PERS in the October 2012 annual valuation report for miscellaneous and safety plans. Actual costs will increase as PERS contributions continue to increase. 7-8 AUGUST 6; 20li Item ~] Paee 9 of 9 Updated Fiwe fear Financial Forecast -General Fund The Five Year Financial Forecast has been updated to reflect the agreement with MD4/PROF/SEN and the compensation chances for the unrepresented employees. As previously reported; the General Fund continues to reflect a deficit durine the forecast period. The forecast will be updated once fiscal year 2012-13 has been closed, updated revenue information is received, and/or negotiations with other bareaining groups are finalized. The forecast indicates that the City should proceed with caution in assuming neyw expenditures; however; better than anticipated economic growth or unanticipated revenues may be sufficient to offset the projected deficit. Five Year Financial Forecast- Fiscal Years 2014 to 2018 Updated: July 30, 2073 `Description ?_ ,- AmendedBUdget .Foremost -'Forecasts ''.~'FXOrerasi; Forecast'' e h-~ . ds - . - - --x- _ «c :tote _. 'cv ~m c.~ ., '_~cvnmcr r ~.cv o'm~-t- -Fv`~nw' Total Revenues 125,453,044 127,559,237 130,895,174 -334,470,008 138,189,973 Total Expenditures 127,751,132 ]30,763,_26_4 13_3,809,471 136,940,351 140,27fi,593 Surplus/Deficit ~ - - - _ ~ 5 - 12,298,0881~~ S .(3;204;047)'45 (2,914;297) , 5.,12,470;342)CSa12,086,621). Contingency Reserve Mid Manager & Professionals MOU and Unrepresented Employees 5 2,298,088 5 - 5 - $ - $ 5 (448,907) 5 (565,000) 5 (565,000) $ (565,000) $ (565,000) City Set-Aside ~ 5 1,125,000 5 525,000 $ 525,000 $ 525,000 $ 525,000 Surplus/Deficit vi/:Contingenry.Reserve&&MOUs 5 -:676,093 5;. 13.244 Da7):SA2;954;297)_5 (2,510;342)'5' 12;126,621). 1. The City is currently negotiatingwith CVEA, WCE, and IAFF. These costs are not yet reflected on the table above. 2. New costs related to the implementation of Matrix Study a nd Fire Facility Plan are not reflected in the forecast. 3. The continued projected deficit refletts the use ofone-times monies used to balance fiscal year 2014 and anticipate d rate increases in CaIPERS rates beginningin fiscal year 2016. 4. The forewstwill be updated once negotiationswiththe otherbargaining groups are finalized, fiscal year 2012-13 is closed, and/onve receive updated revenue projections- ATTACHIIE\rTS 1) Memorandum of Understanding between City of Chula Vista and Mid Mana~ers/Professional Association/SEIU 2) Compensation Summary For all Unrepresented Employees and Elected Officials Prepared b}~: Irene Mosle}~, Assistant Director of Human Resources and Lisa Torres, Sr. HR Anah~sr, Human Resources 7-9 ~~~~i ~~ ~~ CHUTA V1SfA MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF CHULA VISTA AND CHULA VISTA MID MANAGERS/PROFESSIONAL ASSOCIATION/SEIU FY July 1, 2013- June 30, 2015 7-10 AgMORANDUT4 OF UTTDERSTAN~ING CONCERNING V~TAGES AI~TD OTHER TERi\4S AND CONDITIONS OF EMPL07'I~4ENT BETWEEN THE CITY" OF CHULA VISTA AND THE CHULA VISTA MID MANAGERS /PROFESSION?AL ASSOCIATION /SEIU FOR FISCAL YEARS JULY" 1. 20L3- JU~'E 30.2016. TABLE OF CONTENTS SECTION I ADNII~'ISTRATION ..................................................................................... ... 3 ARTICLE 1.01 PREAMBLE .................................................................................................... ... 3 ARTICLE 1.02 RECOGNITION' .............................................................................................. ... 3 ARTICLE 1.03 CITY RIGHTS ................................................................................................. ... 4 ARTICLE 1.04 CV?\'fI~4/PROF/SEIUA RIGHTS ..................................................................... ... ~ ARTICLE 1.05 LABOR-MANAGEMENT COOPERATION ................................................. ... 6 ARTICLE 1.06 TERM AND EFFECT OF THIS MEMORANDUM OF UNDERSTAI~'DIi~T G 6 ARTICLE 1.09 RETENTION OF BENEFITS ......................................-..:................................ ... 6 ARTICLE I.10 SAVII~TGS CLAUSE ........................................................................................ ... 7 SECTION II COAIPENSATION ........................................................................................ ... 8 SUBSECTION A. R'AGES .................................................................................................... ... 8 ARTICLE 2.01 R~AGES ........................................................................................................... ... 8 .ARTICLE 2.02 ACTIi~TG PAY ................................................................................................. ... 9 ARTICLE 2.03 OUT-OF-CLASS ASSIGNMENT .................................................................. . 10 ARTICLE 2.04 SPECIAL PROJECT PAY .............................................................................. . 10 ARTICLE 2.05 BILINGUAL PAY ........................................................................................... . ] 0 ARTICLE 2.06 A'LILEAGE REIMBURSEMENT .................................................................... . 10 ARTICLE 2.07 SAFETI' EQUIP\gI~TT, PROTECTNE CLOTHL\G, K TOOL ALL0~1'ANCE.. . I 1 ARTICLE 2.08 PROFESSIOI~'AL ENRICHA'IE?~TT ................................................................. . i l SECTION II COAIPENSATION .............................................................:......................... . 12 SUBSECTION B BENEFITS ................................................................................................ . 12 ARTICLE 2.09 EMPLOYEE BENEFITS ................................................................................. . 12 ARTICLE 2.10 GROUP TER~4 LIFE II`TSURANTCE ............................................................... . 15 ARTICLE 2.11 RETIREMEI~'T ................................................................................................ . 16 ARTICLE 2.12 DEFERRED COMPENSATION ..................................................................... . 17 SECTION III HOURS ............................................................................... ............................. 18 ARTICLE 3.01 ALTERNATIVE WORK SCHEDULES ............................ ............................. 18 ARTICLE 3.02 VACATION ......................................................................... ............................. 18 .ARTICLE 3.03 SICK LEAVE ...................................................................... ............................. 19 ARTICLE 3.04 BEREAVEMEI~'T LEAVE .................................................. ............................. 21 ARTICLE 3.05 HOLIDAYS ......................................................................... .............................22 ARTICLE 3.06 JURY DUTY ....................................................................... ............................. 23 ARTICLE 3.07 COURT LEAVE .................................................................. ............................. 24 ARTICLE 3.08 JOB SHARPivG .................................................................... ............................. 24 MM/PROP/SEIU MOU 07/01/13 - 06/30/15 Page 1 7-11 ARTICLE 3.10 LEAVES OF .ABSENCE MILITARY LEAVE ...............................................25 SECTION IV WORKING CONDITIONS ..............................:......... ................................... 26 ARTICLE 4.01 PROHIBITED PRACTICES ......................................... ................................... 26 ARTICLE 4.02 CLASSIFICATION STUDIES ...................................... ................................... 26 ARTICLE 4.03 FITNESS FOR DUTY ................................................... ................................... 27 ARTICLE 4.04 SUBSTANCE ABUSE POLICY ................................... ................................... 27 ARTICLE 4.05 MODIFIED DUTY ........................................................ ................................... 27 ARTICLE 4.06 DIRECT DEPOSIT ........................................................ ................................... 27 ARTICLE 4.07 GRIEVANCE PROCEDURE ........................................ ................................... 28 Appendix A ...................................................................................................34 Appendix B ..................................................................................................3~ MM/PROP/SEIU MOU 07/01/13 - 06/30/15 Paee 2 SECTIO\ I ADi\4I\~ISTRATION ARTICLE 1.01 PREAMBLE This D4emorandum of Understanding (MOU) is entered into by the City of Chula Vista (City) and the Chula Vista Mid Manaeers /Professional Association (MA~I/PROF/SEIU, SEIU Local 221; CLC; CTW, as a result of meetine and conferring in good faith concerning the wages, hours and other terms and conditions of emplo}~rnent, pursuant to the Employer-Employee Relations Policy of the City of Chula Vista and the California Government Code Section 3500 et. seq., kno~~u as the Meyers-Milias-Bro~~rt Act. ARTICLE 1.02 RECOGNITION The City recognizes A21\4/PROF; SEIU Local 22L CLC_ CT~V; as the exclusive representative for employees in Classifications listed in Appendix A and B. 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 thim~ (30) days of first employment in a MM/PROF/SEN position; execute the appropriate documents; which shall be provided by the Cih~, in order to comply with one of the followine: a. Union Membership. Become and remain a member of the Union in good standing, or b. Service Fee Paver. Commence and continue to tender a service fee calculated by the Union. This service fee «~11 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 ~~~th the Employer shall be calculated in compliance with all applicable laws. c. Religious Exemption. I`iornithstanding 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 financialh~ 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 X01 (c)(5) of Title 36 of the Internal Revenue Code. d. \4aintenance of Membershin. Anv employee of the City covered under this agreement shall, as a condition of continued emplo}mient, maintain his or her membership for the duration of this agreement. e. Open Period. Notwithstanding any other provision of this Agreement; during the five (~) day period which constitutes- the first fiill workweek of Mazch of each yeaz of the Agreement. any person may eliminate his/her obligation to the Union under subsection 1 MM/PROP/SEIU MOU 07/01/13 = 06/30/15 Page 3 7-13 or subsection 2 above bti~ providing written notice of such intentions to the Finance division with a copy to the Union. ARTICLE 1.03 CITY RIGHTS The MM/PROF/SEIU agrees that the City has the right to unilaterally make decisions on all subjects that aze outside the scope of bargaining. The exclusive rights of the City shall include, but not be limited to: A. Establish, plan for, and direct the work force toward the organizational goals of the city government. B. Determine the organization, and the merits, necessity, and level of activity or service provided to the public. - - C. Determine the city budget. D. Establish, regulate, and administer a merit or civil service system which provides for all types of personnel transactions, including, but not limited to, determining the procedures and standards for the hiring, promotion, transfer, assignment, layoff, retention, and classification of positions in accordance with the City Charter, Civil Service Rules, and established personnel practices. E. Discipline or discharge employees for proper cause. F. Determine the methods, means, numbers, and kinds of personnel, and the job or position content required to accomplish the objectives and goals of the City. G. Subcontract out various services currently performed by City work force when such actions will result in cost savings to the City. H. Effect a reduction in authorized positions. I. Take actions necessary to carry out the mission of the City in emergencies and in other situations of unusual or temporary circumstances. J. Continue to exercise efficient and productive management practices consistent with federal and state laws and in compliance with the City Charter and City ordinances. MM/PROP/SEIU MOU 07/01/13-06/30/15 Page 4 7-14 Terms and conditions set forth in this MOU represent the full and complete understanding ben;=een the parties. Dunne the term of this MOU, the MA4/PROF/SEIU expressly «=awes the right to meet and confer ~ti=ith respect to an}= subject covered in this MOU, unless modified through the voluntary; mutual consent of the parties in a w=ritten amendment. This MOU terminates and supersedes those partial practices. agreements; procedwes, traditions; and rules or regulations inconsistent with anv matters covered in the MOU. The parties agree that during the negotiations that culminated in this MOU, each pam= enjoyed the opportunit}= to make demands and proposals or counter-proposals with respect to anv matter; even thoueh some matters were proposed and later withdrawn, and that the understandings and agreements arrived at after the exercise of that right and opportunih aze executed in this MOU. The Cit}='s exercise of its management rights is not subject to challenee through the grievance procedwe or in any other forum, except where othernise 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 A'LAI/PROF/SEIU RIGHTS I. Authorized representatives of the MM/PROF/SEIU shall be allowed reasonable access to unit employees dwing 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 bv. the Appointing Authorit}= or his or her designee when contacting unit employees during the dut}= period of the employees. The Appointing Authorit}= or his or her designee shall determine the appropriate time for such access. A. MA4/PROF/SEN ma}= 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/SEN 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 howl for the group which is meeting. and provided space can be made available without interfering with the Cin=needs. III. A reasonable amount of space shall be provided to A4A~I/PROF/SEN on Cit}= bulletin boards for legitimate AR~9/PROF/SEN communications . «ith members. The A'IIv1/PROF/SEN shall be responsible for maintaining the space provided in an orderh= condition and shall prompth= remove outdated materials. Copies of such communications shall be famished to the Director of Human Resources for review prior to posting. IV The Cit}= shall bill A4A4/PROF/SEIU $0.10 per member per pay period for the full cosu incurred for dues deduction on behalf of A4A4/PROF/SEIU. MM/PROP/SEIU MOU 07/01/13 - 06/30/15 Pace ~ 7-15 V. MM/PROP/SEIU shall be provided. upon request, such literature and public documents as may be necessar}~ (i.e., City budget, Civil Service Commission meetings, open Council conferences, etc) when the requested documents are not available on the City's Intranet or Internet. ARTICLE 1.05 LABOR-MANAGEMENT COOPERATION The parties agree that during the term of this MOU, they will continue to participate in efforts to contain health care costs. The City and MM/PROF/SEN agree that they will continue to have open discussions on matters of concern to the parties during the term of this MOU. The parties agree to develop policies to be included in the City of Chula Vista Policy and Procedures manual and included in this MOU by reference, in regard to an internal appeal process of application of al] 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 July 1, 2013 through June 30, 2015 (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/SEIU 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 part}' in meriting no later than. 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 1.06. Benefits; rights, or privileges not specifically covered by this MOU, but subject to the MM/PROP/SEIU MOU 07/01/13 - 06/30/15 Page 6 7-16 A4eyers-Milias-Bro~~n Act, may be acted upon by the Cin~ without mutual consent after meeting and conferrine ~~ith A4M/PROF/SEN. ARTICLE 1.10 SA~TNGS CLAUSE If an~~ article or section of this 1`40U is held to be in~~alid by operation of law or b~~ 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 satisfacton~ replacement for any article or section itrvalidated by operation of law. MM/PROP/SEIU MOU 07/01/13 - 06/30/15 Page 7 7-17 SECTION II COMPENSATION SUBSECTION A. WAGES ARTICLE 2.01 WAGES II. MM/PROF/SEN represented employees are FLSA-exempt. A. Salary adjustments shall be made as follows: 1. For Fiscal-Year 2013-2014: a. Starting July 12, 2013, all MM/PROF/SEN represented employees shall receive a 2% salary adjustment. b. In the first full pay period of .Tanuary 2014, MM/PROF/SEN represented employees shall receive the following salary adjustments: i. MM/PROF/SEN represented employees in classifications identified by the City in attachment 1 shall receive a 3% salary adjustment. ii. MM/PROF/SEIU represented employees in classifications identified by the City in attachment 2 shall receive a 2% salary adjustment. iii. MM/PROF/SEN represented employees not receiving salary adjustment set Forth in section A.l.b.i or ii, shall receive a 1% salary adjustment. 2. For Fiscal-Year 2014-2015: a. There shall be no automatic salary adjustments. However, the City would endeavor to in good faith, but cannot commit and is not required to, provide additional salary adjustments in FY 2014-15 based upon the City Manager's determination that salary adjustments are feasible based upon, but not limited to, consideration of the following financial indicators: • The Five Year Financial Forecast prepared by the Finance Department reflects a structurally balanced budget during the term of the next possible salary adjustment increases during the re-opener period set forth in this paragraph. • Assessed Value increased greater than the 2% CPI based on the most recent report from the County of San Diego. • General Fund total operating reserves have remained stable from the prior fiscal year. • Sales Tax Trends reflect average increases in the past three consecutive reporting periods v~~hen compared to the same reporting periods in the prior year. MM/PROP/SEIU MOU 07/01/13 - 06/30/15 Page 8 7-18 B. To allow for salary adjustment increases, the City may reopen the MOU at any time starting in the month of February 2014 for salary adjustment increases, that would be implemented during the FY 2014-201 ~ time period. 3. For Fiscal-Yeaz 2014-2016. the Cit}~ agrees that prior to Cih~ action based upon the Salary Survey; it shall provide a PDF copy of the Salan~ Survey to MD4/PROF/SEN, and Mb4/PROF/SEN that shall have a period of 60 days from receipt of the Salary Survey to review and provide comments on the Salary Survey. b4h4/PROF/SEIU shall provide its comments regarding the Salary Survey to the City ~i~ithin the aforementioned 60-day period. The City shall provide D4A4/PROF/SEN's comments to the Cites outside consultant on the Salary Survey. The Salary Survey shall be that document which the Cit.' intends to provide to its consultant for revie~y. 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 fire (6)-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 Duector of Human Resources and with approval by the City Manager. IV. Effective Dates -All other payroll and wage changes, such as regular merit increases; shall be made effective at the beginning of the regulaz biweekly payroll period closest to the employee's actual anniversary date as a benefited employee in his or her current position. V. Rate of Pay Followine Promotion - A'hen a represented employee is promoted; the new rate of pay will be the lowest step in the new salary ranee which will result in the employee receiving at least 6% more than the actual base rate in the former classification. ARTICLE 2.02 ACTING PA1' MMIPROF/SEN employees may receive acting pay when they are temporarily assigned to a vacant position to perform the duties of a higher paid classification. Acting pay shall be approved by the City Manager or his or her designee prior to the assignment. The assignment shall be for a period of more than 10 consecutive work days; and the employee may be compensated with a minimum of 6 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/PROP/SEIU MOU 07/01/13 - 06/30/15 Page 9 ARTICLE 2.03 OUT-OF-CLASS ASSIGNMENT 1. When an employee is assigned to perform the duties of a higher paid classification for a period of more than ] 0 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. ll. The duration of out-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/SEIU represented employees may be eligible to receive a maximum of 10% above their normal base pay when assigned by the City Manager to a special project. ARTICLE 2.05 BILINGUAL PAY Those employees who are regularly required to use their bilingual skills in the performance of their duties, upon the recommendation of the Appointing Authority and approval of the Director of Human Resources. and successful completion of a Bilingual Performance Examination will receive $100 per month in addition to their regular pay. Employees who wish to continue receiving bilingual pay must successfully complete a Bilingual Performance Examination once every three (3) years. ARTICLE 2.06 MILEAGE REIMBURSEMENT Employees shall be subject to the City's Mileage Reimbursement Program when required to use their personal vehicle for authorized City business. The reimbursement rate will be equal to the current maximum IRS rate. MM/PROP/SEIU MOU 07/01/13 - 06/30/15 Page 10 7-20 ARTICLE 2.07 SAFETY EQUTPA'IENT, PROTECTIVE CLOTHING, AND TOOL ALLO~i'?u\'CE A~~I/PROF/SEN. upon recommendation of their Department Head; shall receive 5150 towazds the purchase of safety shoes. ARTICLE 2.08 PROFESSIONAL EI\T2ICH1\7E\'T Employ°ees represented by MA4/PROF/SEIU aze eligible to participate in the City`s Professional Enrichment Program. The annual Professional Enrichment Fund allotment for \~4/PROF/SEIU employees is 515;000. An employee is eligible to receive up to $250 per fiscal yeaz for professional enrichment. Funds may be used at any time durine the fiscal veaz. Fiscal yeaz reimbursements under the Cin~'s "Professional Enrichment" H-i11 be closed the second Thursday in June. Employees may request reimbursement for professional-enrichment expenses in accordance with Internal Revenue Code Section 132; or any other applicable state and federal law. Employees must receive approval from their Appointing Authority and the City Managers desiertee before funds ma.' be claimed for reimbursement. Reimbursements aze on a first come. first serve basis until the funds have been exhausted. D~4/PROF/SEN and City mati~ by mutual agreement use up to one-half of these funds for agreed upon classroom training, organizational development; or team-building. MM/PROP/SEIU MOU 07/01/13-06/30/15 Paee 11 SECTION II COMPENSATION SUBSECTION B BENEFITS ARTICLE 2.09 EMPLOYEE BENEFITS Employees are eligible for benefits if employed: A. directly by the Cit}~ of Chula Vista and B. working in a half time (40-hours) or more position in an 80-hour biweekly pay period. I. Cafeteria Plan The City will provide to each represented employee a Cafeteria Plan allotment to purchase benefits qualified under Section 125 of the Internal Revenue Code. MM/PROF/SEIU acknowledges that Section 125 of the IRC requires that the Cafeteria Plan be adopted by the City Council prior to the end of the calendar year. Accordingly, the City and MA4/PROF/SEIU agree: (1) That the parties will meet at the earliest possible time to discuss Cafeteria plan changes; (2) That the parties may prepare a timeline/schedule to ensure timely and expeditious discussions; (3) That the parties shall engage in good faith discussions; (4) That if the discussions have reached impasse and there is sufficient time prior to the required IRC plan adoption date or if both parties otherwise agree; the parties will submit the matter for mediation, with the mediator agreed upon by all parties; and (5) The Cit}~ Council, to ensure timely Section 12~ 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 1-4 of this section. A. Enrollment Newly eligible emplo}'ees (new hires or those changing from an ineligible to an eligible position) will be covered under the City's Cafeteria Benefits Plan effective their date of hire in that eligible position. All of the Cafeteria Benefits are effective from the employee's date of hire except the Dental Plans which are effective the first of the month following the employee's date of hire in an eligible position. Employees who fail to submit required benefit election forms within 30 days of their date of eligibility will automatically be enrolled in the Employee Only category of the lowest cost City MM/PROP/SEIU MOU 07/01/13 - 06/30/15 Page 12 7-22 sponsored health plan available with the remaining balance of the Cafeteria Benefiu Plan allotment being placed in the taxable cash option. Employees ~°ho fail to submit required benefit election forms during Open Enrollment X911 be enrolled in their same health plan ~~th all other elections beine cancelled and the balance of their flex allotment beine placed in the taxable cash option. C. Cafeteria Plan Allotment The Flex Benefit amount for Employee Only, those ~»th coverage outside of the City, and those employees covered by another City employee is fixed at the amount provided in the calendar yeaz 2013 (S12;436). The flex amount for Employee + 1 and Employee Famih will be adjusted under the current i0/i0 cost sharing formula. ?`41vI/PROF/SEN represented employees shall receive a Cafeteria Plan allotment of $12,762, effective calendaz yeaz 2013; to purchase eligible benefits. Eligible part-time benefited employees ~;111 receive an allotment in the proportion that such part-time employment beazs to full-time emplo~~rtent. To maintain relative buying poi;~er to purchase health benefits from the Cafeteria Plan allotment. annttally. thereafter. the Ciri~ ~~rill share the averaee cost increase of the full- family non-indemnity health plan premiums on a ~0/~0 basis writh members. For 20li the plans used included the Kaiser and Aetna HMO plans. MM/PROP/SEIU MOU 07/01/13 - 06/30/15 Paae 13 7-23 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 Cit}~ sponsored medical plans. However, if the employee has group medical insurance from another reliable source that is acceptable to the City of Chula Vista Department of Human Resources, the employee may elect to decline medical insurance from a City provider and apply the value, of the City's "Flexible Benefit Plan' contribution to other available City Flex options. Any employee married to another benefited City employee who is covered under his or her spouse's plan may waive coverage under the Cafeteria Plan and will receive full credit. Any employee who declines medical insurance coverage may enroll in the City medical plan prior to the next open enrollment only if the employee involuntarily loses the coverage. Enrollment application must be received 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 (Optional) Represented employees will be eligible to participate in any City sponsored group dental plan. Any difference between the employee's available Cafeteria Plan allotment and the premium for the selected plan will be paid by the employee through payroll deductions. 3. Dental/MedicalNision (D/IvI/V) and Dependent Care Reimbursement Accounts (Optional) Represented employees may allocate a portion of their Cafeteria Plan Allotment to either or both of these reimbursement account options. 4. Vision (Optional) Represented employees will be eligible to participate in a City sponsored group vision plan. Any difference between the employee's available Cafeteria Plan allotment and the premium for the selected plan will be paid by the emplo}~ee through pa}~roll deductions. ~. Cash (Optional) MM/PROFlSEIU MOU 07!01/13 - 06/30/15 Page 14 7-24 Represented employees may allocate a portion of their Cafeteria Plan Allotmem to a taxable cash payment. These paymenu X211 be paid to employees on a pro-rata accrual two times per benefit yeaz. 6. Flexible Spending Accounts (FBAs) -Health Caze and Dependent Caze Represented employees mill be eligible to participate in the rno Flexible Spending Account (FBA) options offered by the City. Employees may elect to set aside a portion of their salan~_ on a pre-tax basis; to fund eligible health caze and dependent care expenses. If the City does not meet IRS regulations, or if the IRS revelations change for any reason, this benefit may be discontinued. The City reserves the right to contract with a Third Party Administrator for the administration of FBAs. The City ~~ill pay the start-up cosu associated with third pam- administration. Participating employees will pay any required fees (monthly, per employee. per transaction, etc.). D. Short-Term/Long-Term Disabiliri~ The Cit}~ agrees to contribute the amount necessary to provide short-terzn disability and long-term disability protection for each represented employee. Short-Term Disability- A thirty (30) day elimination period ~»th a maximum benefit subject to, and in accordance with; the provisions set by the group disabilih~ plan. Long-Term Disability- A ninety (90) day elimination period with a maximum benefit subject to, and in accordance with, the provisions set by the group disability plan. ARTICLE 2.10 GROUP TERAl LIFE INSURAi\~CE The Cih~ 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 510;000 increments up to a maximum of 5»0;000 or four (4) times the employee`s annual salary; whichever is less. Supplemental life insurance for the employee's spouse is available in 510,000 increments up to 5100,000 or ~0% of the employee's coverage; whichever is less through the City's group insurance plan. MM/PROP/SEIU MOU 07/01/13-06!30/15 Page 1 ~ 7-25 ARTICLE 2.11 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 California Government Code. The City will provide the following defined benefit formulas for local miscellaneous emploti~ees: Tier 1 Local Miscellaneous 3% @ 60 Tier 2* Local Miscellaneous 2% ~ 60 Tier 3** Local Miscellaneous 2% @ 62 *New CaIPERS members on or afrer 04/22/20] 1 through 12/31/2012 **New Ca1PERS members on or afrer 01/01/2013 Tier 1: 3% @ 60 Local miscellaneous represented employees in Tier I shall contribute 8%, on a pre-tax basis, to the extent permitted by the Intemal Revenue Code, 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. 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%, on a pre-tax basis; to the extent permitted by the Internal Revenue Code, which will be applied to the employee contribution to Ca1PERS. The following is a summary of Tier 2 Ca1PERS contract provisions: A. Three-Year Final Compensation B. Post-Retirement Survivor Allowance C. Credit for Unused Sick Leave D. 4m Level 199 Survivor Benefit MM/PROP/SEIU MOU 07/01/13-06/30/15 Page 16 7-26 E. Militan~ 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 55.000 J. Prior Service Credit Tier 3: 2% @ 62 Local miscellaneous represented employees in Tier 3 shall be responsible for the full employee contribution, which 'ill be applied to the Ca1PERS employee contribution. There is no Employer-Paid A4ember Contribution (EPMC). Final compensation will be computed based on the highest average compensation durine a consecutive 36-month period; subject to the compensation limit set by Ca1PERS. Contract provisions for Tier 3 benefits will be determined by CaIPERS pursuant to the California Public Employees' Pension Reform Act of 20li. ARTICLE 2.12 DEFERRED COI\4PENSATION MD~UPROF/SEN members shall be eligible to participate in any approved deferred compensation plan offered by the Cit<~. MMlPROF/SEIU MOU 07/01/13 - 06/30/15 Page 17 7-27 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 Cit}' 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 Jul}' 8, 2009. Policy #912 is incorporated in this MOU by reference. ARTICLE 3.02 VACATION I. Definitions For the purpose of this article, the definitions relating to vacations as Found in the Civil Service rules shall apply. - - II. Vacation A. Vacation Accrual -Continuous service: Each employee paid at a biweekly rate who has had continuous full-time active service shall be entitled to vacation with pa}'. This benefit will be calculated based on 26 pay periods per fiscal }'ear. The folloN'ing provisions shall apply: 1. Employees will accrue 80-hours annually during the first through fourth years of service. 2. Employees will accrue and be eligible to receive 120-hours annually during the fifth through ninth year of service. 3. Employees will accrue and be eligible to receive 160-hours annually during the tenth tlrrough fourteenth years of service. 4. Employees will accrue and be eligible to receive 200-hours annually during the fifteenth and succeeding }'ears of service. ~. Maximum Vacation Accrual - at no time may an employee have more than three- }'ears of vacation leave accumulated. No credits shall be accrued above this limit and any time in excess of the three-year limitation will be lost. 6. Vacation accrual rate changes will become effective at the beginning of the pay period closest to the actual date, which includes the employee anniversary date of beneSted status. MM/PROP/SEIU MOU 07/01/13 - 06/30/15 Page 18 7. Vacation Sell Back -All members of represented classifications who hay=e completed at least five (~) yeazs of sere=ice shall have the option of selling a total of 80-hows of vacation per fiscal veaz back to the Cit}= i~=o times per fiscal veaz in 40 how increments. B. Each part time emplo}=ee paid at a bi~~=eekly rate shall be entitled to vacation with pay. The number of working da}=s of such vacation shall be computed on the basis set forth in subsection (2); (3), (4), or (~) and shall be in the proportion that such part-time employment beazs to full-time emplo}=rttent. C. Employees separated from Cit}= sere=ice, whether voluntarily or in.=oluntarih=, 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-how ~~ith any portion of an how being considered a full how. - - D. Vacation Use -Vacation leave balances shall be reduced for actual time not „=orked to the neazest quarter how. Absences may not be chazged to vacation not already accumulated. ARTICLE 3.03 SICK LEAVE Accumulated paid sick lease 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 injure= or illness of the employee or members of their immediate famih=. For purposes of this article; immediate family is defined as spouse; domestic partner. child; stepchild, pazent, stepparent; sibling; pazent-in-law, grandparent; or any other person livine as a member of the employee's immediate household. II. Sick Leave Accrual -Computation of sick leave: Sick leave ~~th pay is cumulative at the rate of 3.69 ~~=orkine hows for each bi~yeekly pay period of active service, 96 hows annually, beginning at the time of full-time probationar}= emplo}=rnent. This benefit is calculated on 26 pay periods per fiscal veaz. Permanent part-time employees shall receive sick leave pay in the proportion that such part-time employment beazs to full-time employment. A person ~i=ho has held a position with temporary or interim status and is appointed to a position ~yith 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 Cit} Manaeer. III. A4aximum Sick Leave Accumulation -Unused sick lease may be accumulated in an unlimited amount. MM/PROP/SEIU MOU 07/01/13 - 06/30/15 Paoe 19 7-29 IV. Sick Leave Use -Sick leave balances shall be reduced for actual time not worked to the neazest quarter hour for reasons allowable under this section. Absence for illness may not be chazged to sick leave not already accumulated. 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 ~~ithhold 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 providers certificate and/or a personal sworn affidavit stating that the employee is unable to perform the essential functions of his or her job in order to determine eligibility for sick leave. If an employee is to be required to 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. Exhaustion of sick leave balances does not automatically trigger the verification requirement. When verification is required, the employee must show immediate improvement in leave usage. Sick leave will then be monitored for a period of six-months. If at any time during that period there is any abuse of sick leave, the employee will be subject to disciplinary action up to and including termination. VI. Sick Leave Reimbursement A. Employees using thirty-two hours (32) of sick leave, or less, during the fiscal year, shall have the option of converting twenty-five percent (25%) of their remaining yearly sick leave to pay. B. Pay shall be computed based on the following schedule and all computations shall be rounded to the nearest whole hour: REMAINING YEARLY SICK LEAVE 96 hrs 24 hrs MM/PROP/SEIU MOU 07/01/13 - 06/30/15 Page 20 7-30 88 hrs 22 hrs 80 hrs 20 hrs 72 hrs 18 hrs 6~ hrs 16 hrs 56 hrs or less 0 C. If the pay option is selected; the paid sick leave hours shall be subtracted from the employee's accumulated yeazh~ sick leave balance. The remaining sick leave hours shall be carried over and accumulated. (Example: Employee uses 32 hours of sick leave. He or she then elects to receive pay for 2~% of the remainins hours as pa~Trtent, or 16 hours. The 16 hours are subtracted from his or her remaining yearly sick leave and the other 48 hours aze added to the employ°ee's accumulated sick leave balance.) D. Pa}mtent will be made Burins the month of July of each year. Pay Hill be computed based on the employee's salary on June 1 ~. E. Payment will be made only to employees on the pa~zoll twelve (12) consecutive months prior to the payoff calculation. Permanent employees who retire Burins the fiscal yeaz will be compensated under this plan based upon their formal retirement date. Prorated payments N211 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 Cite, 100% of the employee's unused; accumulated sick leave will be paid to the appropriate beneficiary as prescribed by law. I. Termination of Sick Leave Balances Upon the independent determination of CaIPERS that anon-safeh~ employee is disabled from the performance of their duties, the employee shall not be entitled to use any remainins sick leave to cover absence beyond their FD4L.A entitlement. Sick leave balance may be applied to applicable PERS sen~ice credit. An application for a disability retirement; either employee or employer initiated, shall not affect the employee`s rights under R'orkers Compensation laws. ARTICLE 3.OA BEREAVEn1ENT LEAVE y'~'hen an employee tiith 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 livins in the same household or those defined in subsection 2 of this article: and afrer such employee makes ~~Titten request and receives written approval from their Appointing Authorit<~ when staffing permits. such employee shall be allowed to use their accumulated sick leave. vacation. MMIPROF/SEIU MOU 07/01/13 - 06/30/15 Page 21 7-31 compensatory time or floating holiday time for up to five (5) calendaz days; plus three (3) travel days. 1. The employee shall be granted time off without loss of pay to attend the funeral of a deceased current co-worker at the discretion of the supervisor for up to two (2) hours. 2. In the case of death of a member of the employee's immediate/extended family, an employee shall be allowed up to five (5) working days of bereavement leave. Members of the immediate/extended family are normally considered to be the spouse, registered domestic partner; children, father, mother, brothers, sisters, grandparents; grandchildren, father/mother-in-law, sister brother-in-law, or daughter/son-in-law. Also included as extended family are step-family members who have at any time lived in the household with the employee. 3. For absences to attend the funeral of a relative other than a member of the immediate/extended family, an employee shall be allowed up to one day of bereavement leave and shall use their accumulated leave. 4. An employee shall be granted up to four (4) hours of bereavement leave and shall use their accumulated leave to attend the funeral of a friend. ~. Bereavement leave for part time employees shall be pro-rated, that is, in the ratio of the average part-time work-week to a forty (40) hour week. ARTICLE 3.05 HOLIDAYS The City will be closed on the following hazd holidays: Independence Day, Labor Day, Veterans Day, Thanksgiving, Day afrer Thanksgiving, Christmas, New Year's Day; Martin Luther King Jr.'s Birthday, Cesar Chavez Day, Memorial Day. II. Employees who work a flexible schedule (a 4-] 0 shift schedule for example) and who cannot observe a normal holiday schedule: A. If a hazd holiday falls on the employee's regulazly scheduled day off, the employee will receive eight (8) hours holiday pay. The employee must use the appropriate number of hours of vacation or holiday time to supplement the eight- hours (8) of holiday time in order to reach 40-hours for that workweek, if the normally scheduled shift was greater than eight (8) hours. B. If a hard holiday falls on an employee's regularly scheduled workday and the employee takes that day off, he or she will receive eight (8) hours of holiday pay for that dav. 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 MM/PROP/SEIU MOU 07/01/13-06/30/15 Paee 22 40-hours for that workweek; if the normally scheduled shift was greater than eight (8) hours. III. Floatine Holidays A. Amount -Effective the first pay period of the fiscal yeaz durine this MOU; employees shall be credited with eight (8) hours Floating Holiday time each for Lincoln's Birthday; ~T~~ashington's Birthday. and Admission Dav. 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 ~~ith the approval of their Appointing Authority. B. Floating Holiday Use -Employees usins floating holiday time before the holiday passes and subsequently. leaving Cih~ service will be charged for such time. Employees who do not use their floating holiday time before June 30 of the fiscal yeaz will lose such time. The smallest unit of time chazgeable to floating holiday time is one half hour. IV. A4anaeement Leave A. NL~I/PROF/SEN Middle Manaeers/Professionals ~~ill receive 88 hours of Manaeement Leave each fiscal year. ARTICLE 3.06 NRY DUTY Employees who are called to serve on jury duty for any county, state: or federal court ti~thin the San Diego area shall be entitled to paid leave under the follo~~2ng 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 daih~ court authorized; stamped time card accountine for all hours of required service ordered by the court. III. If jury service and travel time from cotut to work is less than five (~) hours (7 hours for person on a 4/10 plan) in a work day; the employee is expected to return to work unless a justification is provided and approved or pre-authorized lease is approved. IV. Employees who are required to serve jury duty on their scheduled days off will not be compensated for this time and may keep any fees paid by the court. MM/PROP/SEIU MOU 07/01/13-06!30/15 Pase 23 7-33 V. If the employee is not required to report for jury duty on any particular day(s) the employee is then expected to be at work as per his or her normal schedule. VL It is the employee's responsibility to inform his or her supervisor on a daily basis if they aze required to report for jury duty the following day. This may include calling the supervisor after or before normal working hours. VII. Absence due to jury duty will be submitted on the City leave form. ARTICLE 3.07 COURT LEAVE Court leave is paid leave granted by the City to enable an employee to fulfill his or her duty as a citizen to serve as a. witness in a court action to which the employee is not a party, before a federal or superior court located within San Diego County. - - Court leave shall be limited to: Required attendance before a federal or superior court located within San Diego County. 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 are not litigants in the civil case nor related to litigants in the civil case or defendants in a criminal case. V. Employees shall provide their supervisor with a copy of the legal subpoena and provide other documentazy evidence of service. ARTICLE 3.08 JOB SHARING The City will make reasonable accommodation for an employee in a regular position who desires to shaze his or her job with another qualified employee or eligible person. Jobs may be shared on an hourly or daily basis. All legally permissible benefits will be pro-rated. Each employee shall be notified in writing by the Appointing Authority (as defined in the City Charter) at the time of the appointment and such notification will clearly define the benefits to which each employee is entitled. MM/PROP/SEIU MOU 07!01/13 - 06/30/15 Page 24 ARTICLE 3.10 LEAVES OF ABSENCE >\4ILITARY LEAVE For purpose of this r\40U; the Civil Service Rules regarding A4ilitan- Leave and Leaves of Absence aze incorporated bti reference as though set out in full in this article. MM/PROP/SEIU MOU 07/01/13 - 06/30/15 Paee 25 7-35 SECTION' IV V1'ORHING CONDITION'S ARTICLE 4.01 PROHIBITED PRACTICES I. MM/PROF/SEIU 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 Paragraph I, the City Manager or his or her designee shall immediately notify MM/PROF/SEN that an alleged prohibited action is in progress. III. MM/PROF/SEN 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 ti7th a copy of its advisement or, alternatively, accept the responsibility for the strike or other prohibited activity. IV. If MM/PROF/SEN disavows the prohibited activity and takes all positive actions set forth in this MOU in good faith, the City shall not hold MM/PROF/SEIU 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/SEIU 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 Sen'ice rules. In the event MM/PROF/SEN wishes to request a classification or compensation study for apt individual or a classification, it may do so by providing a written request to the Director of Human Resources. \Vritten requests must provide significant justification to support the request for the study. MM/PROP/SEIU MOU 07/01/13-06/30115 Page 26 7- ARTICLE 4.03 FITI\~SS 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 durine the term of this MOU; the Cim with reasonable cause, may require medical and psychological assessments of employees, provided the Cit}= pays and provides time off ~~ithout 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 b_v said professionals shall be reasonably related to the requirements and duties of the job. Anv treatment or remedial action shall be the full responsibilin~ of the employee, except as otherNise provided by law or as may be provided through the Employee Assistance Program (E AP) for City employees. ARTICLE 4.04 SUBSTANCE ABUSE POLICY Employees represented by MD4/PROF/SEN aze subject to the City's Substance Abuse Policy. ARTICLE 4.05 D40DIFIED DUTY «'hen an employee is injured on the job and; according to their physician; is able to return to work with limitations, the City will make even effort to place the employee in a modified duty assiemnent as closely approximating as possible the type of ~eork the employee normally does, until he or she is released back to full duty. The nature of the assignment ~~ill 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 Hith the physical restrictions. Noh~ithstanding the above; the acceptance of a modified duty assignment; if available; dill be mandatory. ARTICLE 4.06 DIRECT DEPOSIT All employees hired after the effective date of this MOU, as a condition of emplo}~ttent ~~ill be required to provide authorization to the Citys Director of Finance to electronically deposit their paychecks to a financial institution of their choice. MM/PROFlSEIU MOU 07/01/13 - 06/30/15 Pase 27 7-37 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 are to: (1) Resolve disputes arising from the interpretation, application, or enforcement of specific terms of this agreement. (2) Encourage the settlement of disagreements informally at the employee-supernisor level and provide an orderly procedure to handle grievances through the several supen~isory 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 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 hard holidays as described b}~ 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 regular (not temporary) employee of the City, except an elected official. (6) Employee representative: An individual who speaks on behalf of the employee. (7) Grievance: A complaint of an employee or group of employees arising out of the application or interpretation of a specific clause in this 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/PROP/SEIU MOU 07/01!13 - 06/30/15 Page 28 7 Section 3. REVIEWABLE Ai\TD NOI~'-REVIE«%ABLE GRIEV,SNCES. (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) Specif}= the relief sought. which relief must be ~ti2thin 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 Riehts as stipulated under Section 4 of the Employer-Employee Relations Policy for the Cih= of Chula Vista or under management rights as specified in this agreement. (b) Is reviewable under some other administrative procedure and/or rules of the Civil Service Commission such as: Applications for changes in title. job classification, or salary. 2. Appeals from formal disciplinan= proceeding. 3. Appeals arising out of Civil Service examinations. 4. Appeals from work performance evaluations. ~. Appeals that have Affirmative Action or civil rights remedy. (c) General complaints not directly related to specific clauses of this agreement. (d) ~b'ould require the modification of a policy established bv_ the Cit_v Council or by la„=. (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 ~. MM/PROP/SEIU MOU 07/01/13-06/30/15 Paee 29 7-39 (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 ~a~ritten 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 (e) The relief sought. (6) Employee Representative. The employee may choose someone to represent him or her at any step in the procedure. No person hearing a grievance need recognize more than one representative for any employee at any one time, unless he or she so desires. (7) Handled During Working Hours. Whenever possible, grievances will be handled during the regularly scheduled working hours of the parties involved. (8) Extension of Time. The time limits within vt~hich 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 sepazate grievances on the same matter, the grievances shall, wheneverpossible, be handled as a single grievance. (10) Settlement. Any complaint shall be considered settled without prejudice at the completion of any step if al] parties are satisfied or if neither party presents the matter to a hieher authority within the prescribed period of time. (11) Reprisal. The grievance procedure is intended to assure a grieving employee the right to present his or her grievance without fear of disciplinary action or reprisal by his or her supervisor, superior, or Appointing Authority, provided he or she observes the provisions of this grievance procedure. MM/PROP/SEIU MOU 07/01/13 - 06/30/15 Pase 30 7-40 (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 ~»th 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 yeaz from the date the grievance was filed. Section ~. GRIEVANCE PROCEDURE STEPS. The following procedure shall be followed by an employee submitting a grievance pursuant to policy: Step 1 Discussion with Supervisor. The employee shall discuss his or her grievance with his or her immediate supervisor informalh~. ~4'ithin three (3) working days, the supervisor shall give his or her decision to the employee orally. Step 2 R'ritten 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) workine 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 krithin seven (7) working days. The superior shall heaz the grievance and give his or her ~~Titten 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 ~;Titten decision ~~thin the seven (7) working days' limit; the employee may within seven (7) working days present his or her grievance in writing to his or her Appointing Authority. ~ The Appointing Authority shall hear the grievance and give his or her written decision to the emploti~ee ~~~ithin seven (7) working days after receiving the grievance. Step 4 Grievance to Director and Manager. If the grievance is not settledyat the Appointing Authorit}~ level; it may be submitted by the Association Representative within hventy (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 Cin~ 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. Follo~~7ng the submission of the Cin~ Manager's answer, and before going to Section 6. Advisory Arbitration. matters which aze unresolved shall be discussed MM/PROP/SEIU MOU 07/01/13 - 06/30/15 Page 31 7-41 at a meeting between the parties during which all pertinent facts and information will be reviewed in an effort to resolve the matter through conciliation. Section 6. ADVISORY ARBITRATION. Any dispute or grievance which has not been resolved by the grievance procedure may be submitted to advisory arbitration by the Association Representative or the Cit}~ ~~thout 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 be arbitrated and the contract provision(s) allegedly violated. Within five (5) working days of the receipt of this notice, the parties may agree upon an arbitrator, or a panel of three arbitrators trained in conducting grievance heazings. 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 azbitrators. Both the City and the Association shall have the right to strike two names from the list. The party requesting the arbitration shall strike the first name; the other party shall then strike one name. The process will be repeated and the remaining person shall be the arbitrator. (2) The azbitrator shall hear the case within twenty (20) working days after the azbitrator has been selected. The arbitrator may make a written report of their findings to the Association and the City within fifteen (15) working days after the hearing is concluded. The arbitrator shall make rules of procedure. The decision of the azbitrator shall be advisory to the City Manager ti~ho shall render a final decision within ten (] 0) working days. The arbitrator shall have no authority to amend, alter, or modify this agreement or its terms and shall -limit reco~mnendations 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 arbitration proceeding except when the City and the Association mutually agree to ha~~e more than one grievance or dispute submitted to the same arbitrator. (4) The City and the Association shall share the expense of arbitrators and witnesses and shall share equalh~ 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 arbitration process; including the expense of the arbitrator, witnesses, and/or stenographer. MM/PROP/SEIU MOU 07/01/13 - 06/30/15 Page 32 Neeotiatine Team Members CITP OF CHLJLA VISTA: SEN Loca1221: Kelley K. Bacon; Lead Negotiator Larn~ Alcoff. Lead Negotiator Cirv of Chula Vista Co Negotiators: Lisa Torres Simon Silva Angelica Aguilar Maria Kachadoorian Jim Sandoval. Ciri~ Manager Ciri~ of Chula Vista David Garcias, President MM/PROP/SEIU MOU 07/01/13 - 06/30/15 Page 33 CITY OF CHULA VISTA PROPOSALS TO SEIU 221 Appendu (A) Middle Management Classifications Afrer School Program Manager Animal Care Facility Manager Applications Support Alanager CIP Projects Supervisor Collections Supervisor Communications System Manager Construction and Repair Manager Crime Laboratory Manager Custodial & Facilities Manager Detention Facilities Manager Development Services Counter Manager Environmental Resources Manager Environmental Services Program Manager Equipment Maintenance Manager Fleet Manager GIS Supervisor Information Technology Manager Information Technology Support Manager Library Digital Services Manager Library Operations Manager Literacy & Programming Coordinator Open Space Coordinator Open Space Manager Operations and Telecommunications Manager 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/PROP/SEIU MOU 07/01/13-06/30/15 Paee 34 7-44 CITY OF CHULA VISTA PROPOSALS TO SEIU 221 Append'u' (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 Proeram Manager Police Training & Development Supervisor Principal Economic Development Specialist Principal Landscape Architect Principal Management Analyst Principal Project Coordinator Principal Revenue Anah~st Programmer Analyst Public Information Officer (PD) Public ~Tr'orks Coordinator Redevelopment Coordinator Risk Management Specialist Senior Applications Support Specialist Senior Graphic Designer Senior Information Tech. Support Specialist Senior Management Analyst Senior Planner Senior Procurement Specialist Senior Programmer Analyst Senior Project Coordinator Senior Public Safet}- Analyst Senior Recreation Manager Senior Risk Management Specialist Systems/Database Administrator Traffic Engineer Transit Operations Coordinator Veterinarian MM/PROP/SEIU MOU 07/01/13 - 06/30/15 Pace 3~ 7-45 Attachment 1 3% Salary Adjustment DEVLPMT SVCS COUNTER MGR OPEN SPACE MANAGER PUBLIC WORKS MANAGER SR MANAGEMENT ANALYST PRINCIPAL MANAGEMENT ANALYSE RECORDS MANAGER 7-46 Attachment 2 2% Salary Adjustment PRNCIPAL RECREATION MANAGER OPS&TELECOME MGR GIS MANAGER POLICE SUPPORT SERVICES MGR SR RISK MANAGEMENT SPECIALIST FLEET MANAGER ANIMAL CARE FACILITY MGR SR PROGRAMMER ANALYST CONSTRUCTION & REPAIR MGR CUSTODIAL & FACILITIES MANAGER 7-47 COMPENSATION SUMMARY FOR EXECUTIVE MANAGEMENT, SENIOR MANAGEMENT, UNCLASSIFIED MIDDLE MANAGEMENT/PROFESSIONAL, CONFIDENTIAL MIDDLE MANAGEMENT/PROFESSIONAL, UNCLASSIFIED CONFIDENTIAL, CONFIDENTIAL CLASSIFIED, MAYOR, COUNCIL, CITY ATTORNEY AND UNCLASSIFIED HOURLY EMPLOYEES FISCAL YEAR 2013-2014, 2014-2015 (expires June 30, 2015) EXECUTIVE MANAGEMENT GROUP (ALL EMPLOYEES PROVIDED FOR IN THIS GROUP ARE FLSA-EXEMPT) A. SALARY & WAGES 1. Salary Increases a. Starting July 12, 2013, all Executive positions shall receive a 2% salary adjustment. - b. In the first full pay period of January 2014, certain Executive positions may receive salary adjustments- that will be based on internal alignment, compaction issues and the distance from the 66% of the market data. c. For Fiscal Year 2014-2015 i. There shall be no automatic salary adjustments, however, the City would endevor in good faith, but cannot commit and is not required to, provide additional salary adjustments in FY 2014-15 based upon-the City Manager's determination that salary adjustments are feasible based upon, but not limited to, consideration of the following financial indicators: 1. The FiveYear Financial Forecast prepared by the the Finance Department reflects a structually balanced budget during the term of the next possible salary adjustement increases 2. Assessed Value increased greater than 2% CPI based on the most recent report from the County of San Diego. 3. General Fund Total Operating reserves have remained stable from the prior fiscal year. 4. Sales Tax Trends reflect average increases in the past three consecutive reporting periods when compared to the same reporting periods in the prior year. B. BENEFITS 1. Deferred Compensation Plan a. 457 plan -Employees in the Executive Group may participate in the City's approved deferred compensation plans. 7-48 2. Cafeteria Plan a. In calendar year 2013, Executive Managers will receive $15,162 annually to be used for the purchase of approved employee benefits through the City's cafeteria plan. b. In the event of increases in health care plan premiums, the City will split the cost of the increase 50/50 with. the employees. The annual cafeteria plan benefit allotment will be increased by one-half of the average cost increase for full family non-indemnity health plan premiums. The City's share of the increased cost will be added to the beginning cafeteria plan balance of the next available cafeteria plan year. c. From the annual Cafeteria Plan allotment, each employee must elect medical coverage under one of the City sponsored plans, unless the employee has group medical insurance from another source including coverage under- their City employee spouse's- plan in which case they may waive coverage so long as the alternative plan is deemed to be an acceptable plan by the City. Waiver of coverage is irrevocable during a plan year unless the City is notified within 30 days that the employee has involuntarily lost the alternative coverage. d. The Flex Benefit Amount for Employee Only, those with coverage outside of the City, and those employees covered by another City Employee is fixed at the amount provided in the calendar year 2013 ($15,162). The flex amount for Employee+1 and Employee+Family will be adjusted under the current 50/50 cost sharing formula. 3. ShorULong Term Disability Insurance The City will pay the full cost of the shorUlong-term disability insurance premium for Executive Managers. 4. Life Insurance City pays for a Group Term Life and AD&D insurance policy with coverage in the amount of $50,000 per employee. 5. Retirement The City will provide to unrepresented members retirement benefits via contract with the California Public Employees Retirement System (CaIPERS) as set forth in the California Government Code. The City will provide the following defined benefit formulas: Tier 1* Local Miscellaneous 3% @ 60 Local Safety 3% @ 50 Tier 2** Local Miscellaneous 2% @ 60 7-49 Page 2 of 31 Local Safety 3% @ 55 Tier 3*'* Local Miscellaneous 2% @ 62 Local Safety 2.7% @ 57 * CaIPERS members on or before 04/21/2011 ** New CaIPERS members on or after 04/22/2011 through 12/31/2012 ***New CaIPERS members on or after 01/01/2013 Tier 1: Local Miscellaneous 3% Ca. 60 and Local Safety 3% Ca. 50 Local Miscellaneous unrepresented employees in Tier 1 shall contribute 8%, which will be applied to the City's contribution to CaIPERS for optional benefits. Local Safety unrepresented employees in Tier 1 shall contribute 9%, which will be applied to the City's contribution to CaIPERS for optional benefits. The following is a summary of Tier 1 CaIPERS contract provisions: A. One-Year Final Compensation B. Post-Retirement Survivor Allowance C. Credit for Unused Sick Leave D. 4th Level 1959 Survivor Benefit. E. Military Service Credit as Prior Service F. Cost of Living Allowance (2%) G. Post-Retirement Survivor Allowance Continuance H. Pre-Retirement Death Benefit for Spouse I. Retired Death Benefit $5,000 J. Prior Service Credit K. Employer Paid Member Contributions reported as earnings Tier 2: Local Miscellaneous 2% Ca? 60 and Local Safety 3% Cad 55 Local Miscellaneous unrepresented employees in Tier 2 shall contribute 7%, which will be applied to the employee contribution to CaIPERS. Local Safety unrepresented employees in Tier 2 shall contribute 9%, which will be applied to the employee contribution to CaIPERS. The following is a summary of Tier 2 CaIPERS contract provisions: A. Three-Year Final Compensation B. Post-Retirement Survivor Allowance C. Credit for Unused Sick Leave D. 4th Level 1959 Survivor Benefit. Page 350 31 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 X5,000 J. Prior Service Credit Tier 3: Local Miscellaneous 2% (7a 62 and Local Safety 2.7% a(~ 57 Local Miscellaneous and Local Safety unrepresented employees in Tier 3 shall be responsible for the full employee contribution, which will be applied to the CaIPERS employee contribution. To the extent permitted by Assembly Bill 340, known as the California Public Employees' Pension Reform Act of 2013, the following is a summary of Tier 3 benefits: A. Three-Year Final Compensation B. Post-Retirement Survivor Allowance C. Credit for Unused Sick Leave D. 4th Level 1959 Survivor Benefit. The monthly member cost for this benefit will be paid by the City. 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 S5,000 J. Prior Service Credit 6. Termination of Sick Leave Balances Upon either acceptance of an application by a Safety employee for disability retirement, or upon the independent determination of CaIPERS that anon- safety employee is disabled, the employee shall not be entitled to use any remaining sick leave to cover absences beyond their FMLA entitlement. Sick leave balances may be applied to applicable CaIPERS service credit. An application for industrial disability retirement, either employee or employer initiated, shall not affect the employee's rights' under Workers Compensation laws, such as any otherwise existing right to Temporary Disability benefits for safety officers. 7. Sick Leave Sick leave shall accrue and be reimbursed as designated in the Civil Service Rules. 8. Annual leave 7-51 Page 4 of 31 a. Executive Managers shall earn five weeks (25 days) annual leave per fiscal year accrued at 7.69 hours per pay period. An employee may not accumulate more than three times the number of annual leave days accrued annually. b. Executive Managers will have the option of selling back 2 weeks accrued annual leave each fiscal year. 9. Holidays a. Executive Managers will be credited 24 hours each fiscal year for floating holidays (Lincoln's and Washington's Birthdays, and Admission Day). b. The City will be closed on the following hard holidays: Independence Day, Labor Day, Veterans Day, Thanksgiving, the day after Thanksgiving, Christmas, New Year's Day, Martin Luther King Jr.'s Birthday, Cesar Chavez Day, Memorial Day. - _ 10. Administrative Leave Executive Managers will receive (ninety-six) 96 hours of Administrative Leave each fiscal year. 11. Mileage Reimbursement Employees in this unit shall be subject to a mileage reimbursement program when required to use their private automobile for authorized City business. Reimbursement rate will be tied to the IRS rate, in effect at the time reimbursement is requested, as permitted by law. 12. Severance Pay In the event an Executive Manager is terminated without cause, he or she shall receive compensation in a lump sum cash payment equal to nine (9) months of his or her annual salary and health insurance payments. The aforementioned severance pay shall not be reduced during the term of their employment. Notwithstanding the aforementioned severance terms, if an Executive Manager has an employment contract their severance payment shall be as set forth in their employment contract. 13. Special Assignment Pay Executive Managers may receive up to 10% additional compensation when assigned by the City Manager to a special project. 14. Educational and Uniform Allowances The Police Chief and Fire Chief will be provided with the uniform allowance and educational differentials as specified in the POA and IAFF MOUs respectively. Page. 5o~f 31 II. SENIOR MANAGEMENT GROUP (ALL EMPLOYEES PROVIDED FOR IN THIS GROUP ARE FLSA-EXEMPT) A. SALARY & WAGES One-time Stipend Senior Management employees shall receive aone-time stipend in the amount of X750 by the end of January 2013. 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. 2. Salary Increases a. Starting July 12, 2013, all Senior Managers positions shall receive a 2% salary adjustment b. In the first full pay period of January 2014, certain Senior Manager positions may receive salary adjustments that will be based internal alignment, compaction issues and the distance from 66% of the market data. c. For Fiscal Year 2014-2015 There shall be no automatic salary adjustments, however, the City would endevor in good faith, but cannot commit and is not required to, provide additional salary adjustments in FY 2014-15 based upon the City Manager's determination that salary adjustments are feasible based upon, but not limited to, consideration of the following financial indicators: 1. The FiveYear Financial Forecast prepared by the the Finance Department reflects a structually balanced budget during the term of the next possible salary adjustement increases 2. Assessed Value increased greater than 2% CPI based on the most recent report from the County of San Diego. 3. General Fund Total Operating reserves have remained stable from the prior fiscal year. 4: Sales Tax Trends reflect average increases in the past three consecutive reporting periods when compared to the same reporting periods in the prior year. Page 6"0~ 31 B. BENEFITS 1. Deferred Compensation Plan a. 457 plan -Employees in the Senior Management Group may participate in the City's approved deferred compensation plans. 2. Cafeteria Plan a. In calendar year 2013, Senior Managers will receive $13,762 annually to be used for the purchase of approved employee benefits. b. In the event of increases in health care plan premiums, the City will split the cost of the increase 50/50 with the employees. The annual cafeteria plan allotment will be increased by one-half of the average cost increase for full family non-indemnity health plan premiums. The City's share of the increased cost will be added to the beginning cafeteria plan balance of the next available cafeteria plan year. c. From the annual Cafeteria Plan allotment, each employee must elect medical coverage under one of the City sponsored plans, unless the employee has group medical insurance from another source including coverage under their City employee spouse's plan in which case they may waive coverage so long as the alternative plan is deemed to be an acceptable plan by the City. When waiving coverage the full value of the Cafeteria Plan allotment will be available to purchase any of the other options available under the Cafeteria Plan. Waiver of coverage is irrevocable during a plan year unless the City is notified within 30 days that the employee has involuntarily lost the alternative coverage. d. The Flex Benefit Amount for Employee Only, those with coverage outside of the City, and those employees covered by another City Employee is fixed at the amount provided in the calendar year 2013 ($13,762). The flex amount for Employee+1 and Employee+Family will be adjusted under the current 50/50 cost sharing formula. 3. Short/Long Term Disability Insurance The City will pay the full cost of the shorUlong-term disability .insurance premium for Senior Managers. 4. Life Insurance City pays for a Group Term Life and AD&A insurance policy with coverage in the amount of $50,000 per employee. 5. Retirement 7-54 Page 7 of 31 The City will provide to unrepresented members retirement benefits via contract with the California Public Employees Retirement System (CaIPERS) as set forth in the California Government Code. The City will provide the following defined benefit formulas: Tier 1* Local Miscellaneous 3% @ 60 Local Safety 3% @ 50 Tier 2** Local Miscellaneous 2% @ 60 Local Safety 3% @ 55 Tier 3*** Local Miscellaneous 2% @ 62 Local Safety 2.7% @ 57 * CaIPERS members on or before 04/21/2011 ** New CaIPERS members on or after 04/22/2011 through 12/31/2012 ***New CaIPERS members on or after 01/01/2013 Tier 1: Local Miscellaneous 3% (7a 60 and Local Safety 3% (7a 50 Local Miscellaneous unrepresented employees in Tier 1 shall contribute 8%, which will be applied to the City's contribution to CaIPERS for optional benefits Local Safety unrepresented employees in Tier 1 shall contribute 9%; which will be applied to the City's contribution to CaIPERS for optional benefits. The following is a summary of Tier 1 CaIPERS contract provisions A. One-Year Final Compensation B. Post-Retirement Survivor Allowance C. Credit for Unused Sick Leave D. 4th 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 S5,000 J. Prior Service Credit K. Employer Paid Member Contributions reported as earnings Tier 2: Local Miscellaneous 2% Cad 60 and Local Safety 3% na 55 Local Miscellaneous unrepresented employees in Tier 2 shall contribute 7%, which will be applied to the employee contribution to CaIPERS. Page So~ 31 Local Safety unrepresented employees in Tier 2 shall contribute 9%, which will be applied to the employee contribution to CaIPERS. The following is a summary of Tier 2 CaIPERS contract provisions: A. Three-Year Final Compensation B. Post-Retirement Survivor Allowance C. Credit for Unused Sick Leave D. 4th 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: Local Miscellaneous 2% Ca. 62 and Local Safety 2.7% ~ 57 Local Miscellaneous and Local Safety unrepresented employees in Tier 3 shall be responsible for the full employee contribution, which will be applied to the CaIPERS employee contribution. To the extent permitted by Assembly Bill 340, known as the California Public Employees' Pension Reform Act of 2013, the following is a summary of Tier 3 benefits: A. Three-Year Final Compensation B. Post-Retirement Survivor Allowance C. Credit for Unused Sick Leave D. 4th Level 1959 Survivor Benefit. The monthly member cost for this benefit will be paid by the City. 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 6. Termination of Sick Leave Balances Upon either acceptance of an application by a Safety employee for disability retirement, or upon the independent determination of PERS that anon-safety employee is disabled, the employee shall not be entitled to use any remaining sick leave to cover absences beyond their FMLA entitlement. Sick leave balance may be applied to applicable PERS service credit. An application for 7-56 Page 9 of 31 industrial disability retirement, either employee or employer initiated, shall not affect the employee's rights under Workers Compensation laws, such as any otherwise existing right to Temporary Disability benefits for safety officers. 7. Sick Leave Sick leave shall accrue and be reimbursed as designated in the Civil Service Rules 8. Annual Leave a. Senior Managers shall earn a minimum of three weeks (15 days) annual leave per year during the first through ninth year of continuous service, four weeks (20 days) annual leave after completion of tenth through fourteenth year of continuous service, and five weeks (25 days) annual leave for fifteen or more years of continuous service. An employee may not accumulate more than three times the number of annual leave days accrued annually. b. Senior Managers have the option of selling back 2 weeks of accrued annual leave each fiscal year. 9. Holidays a. Senior Managers will be credited 24 hours each fiscal year for floating holidays (Lincoln's and Washington's Birthdays, and Admission Day). b. The City will be closed on the following hard holidays: Independence Day, Labor Day, Veterans Day, Thanksgiving, day after Thanksgiving, Christmas, New Year's Day, Martin Luther King Jr.'s Birthday, Cesar Chavez Day, Memorial Day. 10. Mileage Reimbursement Employees in this unit shall be subject to a mileage reimbursement program when required to use their private automobile for authorized City business. Reimbursement rate will be tied to the IRS rate, in effect at the time reimbursement is requested, as permitted by law. 11. Administrative Leave Senior Managers will receive (ninety-six) 96 hours of Administrative Leave each fiscal year. Page 1b of 31 12. Special Assignment Pay Senior Managers may receive up to 10% additional compensation when assigned by the City Manager to a special project. 13. Uniform Allowances and Educational Differentials Sworn public safety senior managers will be provided with the uniform allowance and educational differentials as specified in the applicable public safety MOU. 7-58 Page 11 of 31 III. UNCLASSIFIED AND CONFIDENTIAL MIDDLE MANAGEMENT/PROFESSIONAL GROUP -ALL EMPLOYEES PROVIDED FOR IN THIS GROUP ARE FLSA-EXEMPT; CONFIDENTIAL MIDDLE MANAGERS/PROFESSIONALS ARE CLASSIFIED UNREPRESENTED EMPLOYEES UNLESS OTHERWISE NOTED IN EXHIBIT X - GROUP MEMBERSHIP LISTING. A. SALARY & WAGES One-time Stipend Unclassified and Confidential Middle Management employees shall receive a one- time stipend in the amount of X750 by the end of January 2013. 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. 2. Salary Increases a. Starting July 12, 2013, all Unclassified and Confidential Middle Management/Professional positions shall receive a 2% salary adjustment In the first full pay period of January 2014, Unclassified and Confidential Middle Management/Professional employees in classifications identified below shall receive the following salary adjustments: Unclassified and Confidential Middle Management/Professional employees in the following classifications shall receive a 3% salary adjustment: 1. Law Office Manager 2. Transit Manager Unclassified and Confidential/Professional employees in the following classifications shall receive a 2% salary adjustment: 1. Fiscal ~ Management Analyst 2. Benefits Manager 3. Principal Human Resources Analyst 4. Senior Human Resources Analyst 5. Human Resources Analyst iii. Unclassified and Confidential Management/Professional employees not receiving a salary adjustment set forth in section 2.b.i or ii, shall receive a 1 % salary adjustment. c. For Fiscal Year 2014-2015 There shall be no automatic salary adjustments, however, the City would endeavor in good faith, but cannot commit and is not required to, provide additional salary adjustments in FY 2014-15 based upon the City Mariager's determination that salary adjustments are feasible based upon, but not limited to, consideration of the following financial indicators: Page 15 of 31 1. The FiveYear Financial Forecast prepared by the the Finance Department reflects a structually balanced budget during the term of the next possible salary adjustement increases 2. Assessed Value increased greater than 2% CPI based on the most recent report from the County of San Diego. 3. General Fund Total Operating reserves have remained stable from the prior fiscal year. 4. Sales Tax Trends reflect average increases in the past three consecutive reporting periods when compared to the same reporting periods in the prior year B. BENEFITS 1. Acting Pay Unclassified and Confidential Middle Managers/Professionals may receive Acting Pay when they are temporarily assigned to a vacant position to perform the duties of a higher paid classification. Acting Pay shall be approved by the City Manager or his or her designee prior to the assignment. The assignment shall be for a period of more than 10 consecutive work days, and the employee may be compensated with a minimum of 5 percent above current salary rate up to a maximum of 20 percent, effective the next full pay period. 2. Out of Class Assignment Unclassified and Confidential Middle Managers/Professionals may receive Out of Class Assignment (OCA) pay in the event that they are assigned duties of a higher level classification for a period of more than 10 consecutive work days. 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. NOTE: For clarification, OCA is differentiated from Acting Pay in that OCA is 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. 3. Retirement The City will provide to unrepresented members retirement benefits via contract with the California Public Employees Retirement System (CaIPERS) as set forth in the California Government Code. The City will provide the following defined benefit formulas: Tier 1' Local Miscellaneous 3% @ 60 7-60 Page 13 of 31 Local Safety 3% @ 50 Tier 2** Local Miscellaneous 2% @ 60 Local Safety 3% @ 55 Tier 3*** Local Miscellaneous 2% @ 62 Local Safety 2.7% @ 57 * CaIPERS members on or before 04/21/2011 ** New CaIPERS members on or after 04/22/2011 through 12/31/2012 ***New CaIPERS members on or after 01/01/2013 Tier 1: Local Miscellaneous 3% ~ 60 and Local Safety 3% Ca? 50 Local Miscellaneous unrepresented employees in Tier-1. shall contribute 8%, which will be applied to the City's contribution to CaIPERS for optional benefits. Local Safety unrepresented employees in Tier 1 shall contribute 9%, which will be applied to the City's contribution to CaIPERS for optional benefits. The following is a summary of Tier 1 CaIPERS contract provisions: A. One-Year Final Compensation B. Post-Retirement Survivor Allowance C. Credit for Unused Sick Leave D. 4th 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 X5,000 J. Prior Service Credit K. Employer Paid Member Contributions reported as earnings Tier 2: Local Miscellaneous 2% Ca? 60 and Local Safety 3% Ca. 55 Local Miscellaneous unrepresented employees in Tier 2 shall contribute 7%, which will be applied to the employee contribution to CaIPERS. Local Safety unrepresented employees in Tier 2 shall contribute 9%, which will be applied to the employee contribution to CaIPERS. The following is a summary of Tier 2 CaIPERS contract provisions: A. Three-Year Final Compensation B. Post-Retirement Survivor Allowance 7-61 Page 14 of 31 C. Credit for Unused Sick Leave D. 4th 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: Local Miscellaneous 2% ~ 62 and Local Safety 2.7% aC~. 57 Local Miscellaneous and Local Safety unrepresented employees in Tier 3 shall be responsible for the full employee contribution, which will be applied to the CaIPERS employee contribution. - . To the extent permitted by Assembly Bill 340, known as the California Public Employees' Pension Reform Act of 2013, the following is a summary of Tier 3 benefits: A. Three-Year Final Compensation B. Post-Retirement Survivor Allowance C. Credit for Unused Sick Leave D. 4th 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 4. Termination of Sick Leave Balances Upon either acceptance of an application by a Safety employee for disability retirement, or upon the independent determination of PERS that anon-safety employee is disabled, the employee shall not be entitled to use any remaining sick leave to cover absences beyond their FMLA entitlement. Sick leave balance may be applied to applicable PERS service credit. An application for industrial disability retirement, either employee or employer initiated, shall not affect the employee's rights under Workers Compensation laws, such as any otherwise existing right to Temporary Disability benefits for safety officers. 5. 457 plan -Deferred Compensation Plans Employees in the Unclassified and Confidential Middle Management/Professional Group may participate in the City's approved deferred compensation plans. Page 1 ~ of 31 6. Cafeteria Plan a. In calendar year 2013, each Unclassified and Confidential Middle Manager/Professional will receive X12,762 to be used solely for approved employee benefits. b. In the event of increases in health care plan premiums, the City will split the cost of the increase 50/50 with the employees. The annual cafeteria plan allotment will be increased by one-half of the average cost increase for full family non-indemnity health plan premiums. The City's share of the increased cost will be added to the beginning cafeteria plan balance of the next available cafeteria plan year. c. From the Cafeteria Plan allotment, each represented employee must select coverage for him or herself under one of the City sponsored medical plans. However, if the employee has group medical insurance from another reliable source that is acceptable to the City of Chula Vista Department of Human Resources, the employee may elect to decline medical insurance from a City provider and apply the value, of the City's "Flexible Benefit Plan" contribution to other available City Flex options. Any employee married to another benefited City employee who is covered under his or her spouse's plan may waive coverage under the Cafeteria Plan. Any employee who declines medical insurance coverage may enroll in the City medical plan prior to the next open enrollment only if the employee involuntarily loses the coverage. Enrollment application must be received 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. d. The Flex Benefit amount for Employee Only, those with coverage outside of the City, and those employees covered by another City employee is fixed at the amount provided in the calendar year 2013 (312,762). The flex amount for Employee+l and Employee+Family will be adjusted under the current 50/50 cost sharing formula. 7. Life Insurance City pays for a group term life insurance policy with coverage in the amount of X50,000 per employee. 8. Short/Long Term Disability Insurance The City will pay the full cost of the short long-term disability insurance premium for middle management professional positions. 9. Professional Enrichment The Unclassified and Confidential Middle Managers/Professionals are eligible to participate in the City's Professional Enrichment Program. The annual 7-63 Page 16 of 31 Professional Enrichment Fund allocation for Unclassified and Confidential Professional Enrichment Fund of $15,600. An employee is eligible to receive up to $1,000 per fscal year for professional enrichment. Funds may be used at any time during the fiscal year. Fiscal year reimbursements under the City's "Professional Enrichment" will be closed the second Thursday in June. Employees may request reimbursement for professional enrichment expenses in accordance with Internal Revenue Code Section 132, or any other applicable state and federal law. Employees must receive approval from their Appointing Authority or designee before funds may be claimed for reimbursement. Reimbursements are on a first come, first serve basis until the funds have been exhausted. 10. Sick Leave Reimbursement Sick leave shall accrue and be reimbursed as designated ih the Civil Service Rules. 11. Annual Leave a. Unclassified and Confidential Middle Managers/Professionals will earn two weeks (10 days) annual leave per year in the first through fourth year of continuous employment, three weeks (15 days) annual leave per year in the fifth through ninth year of continuous service, four weeks annual leave (20 days) per year in the tenth through fourteenth year of continuous service, and five weeks annual leave (25 days) for fifteen or more years of continuous service. An employee may not accumulate more than three times the number of annual leave days accrued annually. b. Unclassified and Confidential Middle Managers/Professionals who have completed at least five (5) years of service shall. have the option of selling back a total of 80 hours of accrued annual leave two times per fiscal year in 40 hour increments. 12. Administrative Leave Unclassified and Confidential Middle Managers/Professionals, will receive 88 hours of Administrative Leave each fiscal year. 13. Holidays a. Unclassified and Confidential Middle Managers/Professionals will receive 24 hours each fiscal year for floating holidays (Lincoln's and Washington's Birthdays, and Admission Day). b. The City will be closed on the following hard holidays: Independence Day, Labor Day, Veterans Day, Thanksgiving, Day After Thanksgiving, Christmas, New Year's Day, Martin Luther King Jr.'s Birthday, Cesar Chavez Day, Memorial Day. 14. Mileage Reimbursement Page 1 ~ of 31 Unclassified and Confidential Middle Managers/Professionals shall be subject to a mileage reimbursement program when required to use their private automobile for authorized City business. Reimbursement rate will be tied to the IRS rate, in effect at the time reimbursement is requested, as permitted by law. 15. Uniform Allowances & Educational Differentials Sworn public safety Unclassified and Confidential Middle Managers/Professionals will be provided with the uniform allowances and educational differentials as specified in the applicable public safety MOU. 16. Bilingual Pay Those Unclassified and Confidential Middle Managers/Professionals who, upon recommendation of their Department Head, approval of the Director of Human Resources, and successful completion of a bilingual_ performance evaluation will receive S100 per month in addition to their regular pay on the condition that they continuously utilize their bilingual skills in the performance of their duties effective the first full pay period after adoption. 17. Special Assignment Pay Unclassified and Confidential Middle Managers/Professionals may receive up to 10% additional compensation when assigned by the City Manager to a special. project. Page 1~of 31 IV. CONFIDENTIAL GROUP -ARE CLASSIFIED UNREPRESENTED EMPLOYEES UNLESS OTHERWISE NOTED IN EXHIBIT X -GROUP MEMBERSHIP LISTING. A. SALARY & WAGES 1. One-time Stipend Employees shall receive cone-time stipend in the amount of $500 by the end of January, 2013. 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. Salary Increases a. Starting July 12, 2013, all Confidential positions shall receive a 2% salary adjustment b. In the first full pay period of January 2014, Confidential employees in classifications identified below shall receive the following salary adjustments: i. Confidential employees in the following classification shall receive a 2% salary adjustment: 1. Senior Legal Assistant 2. Legal Assistant 3. Public Information Specialist ii. Confidential employees not receiving a salary adjustment set forth in section 2.b.i, shall receive a 1 % salary adjustment. c. For Fiscal Year 2014-2015 There shall be no automatic salary adjustments, however, the City would endeavor in good faith, but cannot commit and is not required to, provide additional salary adjustments in FY 2014-15 based upon the City Manager's determination that salary adjustments are feasible based upon, but not limited to, consideration of the following financial indicators: 1. The FiveYear Financial Forecast prepared by the the Finance Department reflects a structually balanced budget during the term of the next possible salary adjustement increases 2. Assessed Value increased greater than 2% CPI based on the most recent report from the County of San Diego. 3. General Fund Total Operating reserves have remained stable from the prior fiscal year. 4. Sales Tax Trends reflect average increases in the past three consecutive reporting periods when compared to the same reporting periods in the prior year Page 1 ~ of 31 B. BENEFITS 1. Retirement The City will provide to unrepresented members retirement benefits via contract with the California Public Employees Retirement System (CaIPERS) as set forth in the California Government Code. The City will provide the following defined benefit formulas: Tier 1* Local Miscellaneous 3% @ 60 Local Safety 3% @ 50 Tier 2** Local Miscellaneous 2% @ 60 Local Safety 3% @ 55 Tier 3*** Local Miscellaneous 2% @ 62 - Local Safety 2.7% @ 57 * CaIPERS members on or before 04/21/2011 ** New CaIPERS members on or after 04/22/2011 through 12/31/2012 ***New CaIPERS members on or after 01/01/2013 Tier 1: Local Miscellaneous 3% Ca? 60 and Local Safety 3% Cal 50 Local Miscellaneous unrepresented employees in Tier 1 shall contribute 8%, which will be applied to the City's contribution to CaIPERS for optional benefits. Local Safety unrepresented employees in Tier 1 shall contribute 9%, which will be applied to the City's contribution to CaIPERS for optional benefits. The following is a summary of Tier 1 CaIPERS contract provisions: A. One-Year Final Compensation B. Post-Retirement Survivor Allowance C. Credit for Unused Sick Leave D. 4th 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 55,000 J. Prior Service Credit K. Employer Paid Member Contributions reported as earnings Tier 2: Local Miscellaneous 2% Ca? 60 and Local Safety 3% Ca? 55 Page 2b of 31 Local Miscellaneous unrepresented employees in Tier 2 shall contribute 7%, which will be applied to the employee contribution to CaIPERS. Local Safety unrepresented employees in Tier 2 shall contribute 9%, which will be applied to the employee contribution to CaIPERS. The following is a summary of Tier 2 CaIPERS contract provisions: A. Three-Year Final Compensation B. Post-Retirement Survivor Allowance C. Credit for Unused Sick Leave D. 4th 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: Local Miscellaneous 2% (a) 62 and Local Safety 2.7% Ca. 57 Local Miscellaneous and Local Safety unrepresented employees in Tier 3 shall be responsible for the full employee contribution, which will be applied to the CaIPERS employee contribution. To the extent permitted by Assembly Bill 340, known as the California Public Employees' Pension Reform Act of 2013, the following is a summary of Tier 3 benefits: A. Three-Year Final Compehsation B. Post-Retirement Survivor Allowance C. Credit for Unused Sick Leave D. 4th Level 1959 Survivor Benefit. The monthly member cost for this benefit will be paid by the City. 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 2. Termination of Sick Leave Balances Page 2~ of 31 Upon either acceptance of an application by a Safety employee for disability retirement, or upon the independent determination of CaIPERS that anon- safety employee is disabled, the employee shall not be entitled to use any remaining sick leave to cover absences beyond their FMLA entitlement. Sick leave balances may be applied to applicable CaIPERS service credit. An application for industrial disability retirement, either employee or employer initiated, shall not affect the employee's rights under Workers' Compensation laws, such as any otherwise existing right to Temporary Disability benefits for safety officers. 3. Deferred Compensation Plans 457 plan -Employees in the Confidential Group may participate in the City's approved deferred compensation plans. 4. Cafeteria Plan a. In calendar year 2013, each Confidential Employee will received X12,386 to be used solely for approved employee benefits. b. In the event of increases in health care plan premiums, the City will split the cost of the increase 50/50 with the employees. The annual cafeteria plan allotment will be increased by one-half of the average cost increase for full family non-indemnity health plan premiums. The City's share of the increased cost will be added to the beginning cafeteria plan balance of the next available cafeteria plan year. c. From the annual Cafeteria Plan allotment, each employee must elect medical coverage under one of the City sponsored plans, unless the employee has group medical insurance from another source including coverage under their City employee spouse's plan in which case they may waive coverage so long as the alternative plan is deemed to be an acceptable plan by the City. Waiver of coverage is irrevocable during a plan year unless the City is notified within 30 days that the employee has involuntarily lost the alternative coverage. d. The Flex Benefit Amount for Employee Only, those with coverage outside of the City, and those employees covered by another City employee is fixed at the amount provided in the calendar year 2013 ($12,386). The flex amount for Employee+1 and Employee+Family will be adjusted under the current 50/50 cost sharing formula. 5. Short/Long Term Disability Insurance The City will pay the full cost of the short/long-term disability insurance premium for the Confidential employees. 6. Professional Enrichment The Confidential Employees Professional Enrichment Fund of $6,250. Employees may receive up to a maximum of X1,000 per fiscal year. Funds may be used at any time during the fiscal year. Fiscal year reimbursements under 7-69 Page 22 of 31 the City's "Professional Enrichment" will be closed the second Thursday in June. Employees may request reimbursement for professional enrichment expenses in accordance with Internal Revenue Code Section 132, or any other applicable state and federal law. Employees must receive approval from their Appointing Authority or designee before funds may be claimed for reimbursement. Reimbursements are on a first come, first serve basis until the funds have been exhausted. 7. Life Insurance City pays for a Group Term Life and AD&D insurance policy with coverage in the amount of $50,000 per employee. ' 8. Sick Leave Sick leave shall accrue and be reimbursed as designated in the Civil Service Rules - 9. Annual Leave a. Employees will accrue 80-hours during the first through fourth years of service (cumulative to a total leave balance of 180-hours). This benefit will be accumulated at the rate of 3.07 working hours for each full biweekly pay period of service performed. b. Employees will accrue and be eligible to receive 120-hours (cumulative to a total leave balance of 260-hours) during the fifth through ninth year of service. The benefits will be accumulated at the rate of 4.60 working hours for each full biweekly pay period of service performed. c. Employees will accrue and be eligible to receive 160-hours (cumulative to a total leave balance of 340-hours) during the tenth through fourteenth years of service. This benefit will be accumulated at the rate of 6.14 working hours for each full biweekly pay period of service performed. d. Employees will accrue and be eligible to receive 200-hours (cumulative to a total leave balance of 420-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. e. Vacation accrual rate changes will become effective at the beginning of the pay period closest to the actual date which includes the employee anniversary date of benefited status. f. Vacation sell back -All confidential unrepresented classifications who have completed at least five (5) years of service shall have the option of selling up to 60-hours of said vacation back to the City one time per fiscal year. The accumulated vacation balance will be reduced accordingly. Page 23 ~f 31 g. Each part time confidential unrepresented 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 (a), (b), (c), or (d) and shall be in the proportion that such part time employment bears to full time employment. h. Employees separated from City service, whether voluntarily or involuntarily, shall be granted all of the unused vacation to which they are entitled based upon continuous service computed on the basis set forth in subsection (a), (b), (c), or (d). Payment shall be made hour-for-hour with any portion of an hour being considered a full hour. i. Vacation Use: Vacation leave balances shall be reduced for actual time not worked to the nearest quarter hour. Absences may not be charged to vacation not already accumulated. 10. Holidays a. Confidential employees will receive 24 hours each fiscal year for floating holidays (Lincoln's and Washington Birthday's, and Admissions Day). b. The City will be closed on the following paid hard holidays: Independence Day, Labor Day, Veterans Day, Thanksgiving, Day after Thanksgiving, Christmas, New Year's Day, Martin Luther King Jr.'s Birthday, Cesar Chavez Day, Memorial Day. 11. Administrative Leave Confidential employees will receive 40 hours of Administrative Leave each fiscal year. 12. Mileage Reimbursement Employees in this unit shall be subject to a mileage reimbursement program when required to use their private automobile for authorized City business. Reimbursement rate will be tied to the IRS rate in effect at the time reimbursement is requested, as permitted .by law. 13. Bilingual Pay Those employees who, upon recommendation of the Department Head, approval of the Director of Human Resources Department, and successful completion of a Bilingual Performance Evaluation, and who are required to continuously use their bilingual skills in the performance of their duties, will receive X100 per month in addition to their regular pay effective the first full pay period after adoption. 14. Special Assignment Pay Confidential employees may be eligible to receive a maximum of 15% above their base pay when assigned by the Appointing Authority or designee and PagB 24 ~f 31 approved by the City Manager and the Director of Human Resources to a "Special Project." 15. Out-of-Class Assignment When an employee is assigned to perform duties of a higher paid classification, immediately upon assignment, the employee shall be compensated with a minimum of 7.5% above the employee's current salary rate up to a maximum of 15% effective the first day of the out-of-class assignment. If the out of class assignment lasts for duration of 6 months the employee will receive an additional 5% compensation. Increases greater than 5% must be approved by the Director of Human Resources. Requests for out-of-class compensation shall be submitted by the Appointing Authority on a "Payroll Change Notice" form as percentage amounts only. 16. Notice of Change in Work Schedule The City will strive to give at least fourteen calendar day (14 calendar days) notice to employees when management initiates a change in an employee's work schedule except in cases of emergencies. 17. Additional Floating Holiday Confidential employees will receive one additonal "Floating Holiday" for fiscal year 2013 only. 7-72 Page 25 of 31 V. MAYOR, COUNCIL AND CITY ATTORNEY A. SALARY & WAGES 1. Salary Increases The Mayor shall receive an annual salary equivalent to 66% of the salary of a Judge of the Superior Court of the State of California. The four Council members shall receive 40% of the salary of the Mayor. Salary adjustments will occur at the same time and be effective on the same date as the Superior Court Judges. 2. The City Attorney shall receive an annual salary as set forth by resolution. B. BENEFITS 1. Cafeteria Plan Cafeteria plans will be set at the level specified for Executive Managers. The cafeteria plan is to be used solely for approved employee benefits. From the annual Cafeteria Plan allotment, each employee must elect medical coverage under one of the City sponsored plans, unless the employee has group medical insurance from another source including coverage under their City employee spouse's plan in which case they .may waive coverage so long as the alternative plan is deemed to be an acceptable plan by the City. Waiver of coverage is irrevocable during a plan year unless the City is notified within 30 days that the employee has involuntarily lost the alternative coverage. The Flex Benefit Amount for Employee Only, those with coverage outside of the City, and those employees covered by another City employee is fixed at the amount provided in the calendar year 2013 015,162). The flex amount for Employee+l and Employee+Family will be adjusted under the current 50/50 cost sharing formula. 2. Auto Allowance The Mayor may elect to receive a monthly auto allowance up to $1,000. Council members may elect to receive a monthly auto allowance of up to $550. The allowance is contingent upon evidence of adequate auto insurance. 3. Travel Reimbursements The Mayor and Council members shall receive reimbursement on order of the City Council for Council-authorized travel and other expenses when on official duty outside of the City. 4. Stipends a. The Mayor and Council members will receive S50 stipend for attending Housing Authority meetings. No member shall receive compensation for Page 28 of 31 attending more than four meetings of the Housing Authority during any calendar month. Page 27 of 31 VI. UNCLASSIFIED HOURLY EMPLOYEES A. SALARY ~ WAGES 1. Salary Increase a. Starting July 12, 2013, those UCHR position titles that match a bargaining unit classification title shall receive a salary adjustment equivalent to the position it matches. All other UCHR class cations shall receive a 2% salary adjustment effective pay period beginning 8/9/2013. B. BENEFITS 1. Retirement a. UCHR employees are enrolled in the Public Agency Retirement System Alternate Retirement System (PARS-ARS) b. The City pays 3.75% of the employee's salary into the employee's PARS-ARS account c. Each pay period 3.75% will be deducted from the employee's salary and deposited to the employee's PARS-ARS account 7-75 Page 28 of 31 X. GROUP MEMBERSHIP LISTING The following shows the classifications assigned to each group as of December, 2012. A. EXECUTIVE MANAGEMENT GROUP' City Manager (Contract) City Clerk (Contract) Assistant City Manager Chief of Police CBAG Executive Director Deputy City Manager Development Services Department Director Director of Conservation and Environmental Services Director of Economic Development Director of Human Resources Director of Information Technology Services Director of Public Works Director of Engineering Director of Finance Director of Library Director of Recreation Fire Chief Senior Assistant City Attorney B. SENIOR MANAGEMENT GROUP' Administrative Services Manager Advanced Planning Manager Animal Care Facility Administrator Assistant Chief of Police Assistant Director of Development Services Assistant City Attorney Assistant City Clerk Assistant Director of Engineering Assistant Director of Finance Assistant Director of Human Resources Assistant Director of Information Technology Assistant Director of Recreation Assistant Director of Public Works Assistant to the City Manager Budget and Analysis Manager Building Official/Code Enforcement Manager CBAG Deputy Executive Director CBAG Director- IV LECC CBAG Director-SD LECC CBAG Deputy Executive Director CBAG Program Manager Page 29 of 31 Chief Service Officer City Engineer Deputy City Attorney III Deputy Fire Chief C D. Development Planning Manager Fiscal Operations Manager Human Resources Operations Manager Information Technology Manager Marketing and Communications Manager Police Captain Purchasing Agent Redevelopment and Risk Manager Treasury Manager Housing Manager UNCLASSIFIED AND CONFIDENTIAL MIDDLE MANAGEM_E_NT/PROFESSIONAL GROUP' Benefits Manager MM-Confidential CBAG Budget Manager MM-Unclassified CBAG Microcomputer Specialist Professional-Unclassified CBAG Meth Strike Force Coordinator Professional-Unclassified CBAG Network Manager MM-Unclassified CBAG Network Administrator I Professional-Unclassified CBAG Network Administrator II Professional-Unclassified CBAG Program Analyst Professional-Unclassified CBAG Program Manager Professional-Unclassified CBAG Senior Public Safety Analyst Professional-Unclassified Constituent Services Manager Professional Unclassified Deputy City Attorney I Professional-Unclassified Deputy City Attorney II Professional-Unclassified Deputy City Clerk I Professional-Unclassified Fire Division Chief MM-Unclassified Fiscal and Management Analyst Professional-Confidential Human Resources Analyst Professional Confidential Law Office Manager MM-Unclassified Principal Human Resources Analyst Professional-Confidential Real Property Manager MM-Unclassified Senior Accountant MM-Confidential Senior Deputy City Clerk Professional-Unclassified Senior Human Resources Analyst Professional-Confidential Special Events Coordinator Professional-Unclassified Transit Coordinator Professional-Unclassified Transit Manager MM-Unclassified CONFIDENTIAL GROUP Accountant Accounting Technician (Finance/Payroll) Page 30 of 31 Administrative Secretary Administrative Technician (Communications) Administrative Analyst II Associate Accountant Benefits Technician CBAG Analyst CBAG Accounting Technician CBAG Administrative Analyst I CBAG Administrative Analyst II CBAG Executive Assistant CBAG Graphic Designer/Webmaster CBAG Management Assistant CBAG Public Safety Analyst CBAG RCFL Network Engineer Executive Secretary Human Resources Technician Legal Assistant Public Information Specialist Senior Benefits Technician Senior Council Assistant Senior Legal Assistant Senior Administrative Secretary Senior Human Resources Technician Confidential-Unclassified Confidential-Unclassified Confidential-Unclassified Confidential-Unclassified Confidential-Unclassified Confidential-Unclassified Confidential-Unclassified Confidential-Unclassified Confidential-Unclassified Confidential-Unclassified Confidential-Unclassified 'The City of Chula Vista serves as a pass through agency for the California Border Alliance Group (CBAG); CBAG positions shall receive the benefit package detailed for the Executive, Senior, Middle ManagemenUProfessional Unclassified, and Confdential group in which the CBAG classifcation is designated. All CBAG positions are unclassified. 7-78 Page 31 of 31 RESOLUTION NO. RESOLUTION OF THE CITY COUTiCIL OF THE CITY OF CHULA VISTA APPROVING .4 MEA40RANDUA4 OF UNDERST4NDING BET~~'~EN THE CITY OF CHULA VISTA AMID THE MID-MANAGERS/PROFESSIONAL/ SEIU-LOCAL 221 BARGAIi~TNG U11IT (`~\~4/PROF/SEN") RELATED TO COMPENSATION A_\D OTHER TERMS A\TD CONDITIO\S OF EMPLOYMENT WHEREAS. the Cirv of Chula Vista has met and conferred. in eood faith. with the Mid- Managers/Professional/Service Employee International Union-Local 221 barsaining unit ("A4>\4/PROF/SEIU`) in accordance with" the provisions of the Meyers-Milias Bro\\°rr Act (`?`4A4B.4") California Government Code sections 300 et seq; and _ \VHEREAS, the City and Mb-I/PROF/SEIU have reached an agreement on compensation and other terms and conditions of employment and; consistent with the MA4BA, have set fonh those terms in a Memorandum of Understanding (~40U), \vhich has been designated as Exhibit A for identification is this resolution: and \'~7HEREAS. the aforementioned MOU was ratified b_v a vote of the Mb-UPROF/SEIU membership on July 22; 2013. NO~V THEREFORE; BE IT RESOLVED that the Cit}' Council of the City of Chula Vista does hereby: (1) approve the il40U between the Cit}~ of Chula Vista and \-Lt\4/PROF/SEIU; (2) authorize the City Manager or his designee(s) to execute said MOU; and (3) authorize the City Manager or his desienee to make such minor modifications to said MOU as ma_v be approved or recommended by the City Attomev's office. Presented by Kelley K. Bacon Deputy City D4anager/ Director of Human Resources Approved as to form by Glen R. Googins City Attomev J:44aomev\F[NAL RESOS AND ORDINANCES\2013\08 06 liUiR-~1D7 b10U reso 7-30-13.doc 7/30/2013 2:32 P\1 7-79 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED COMPENSATION SUMMARY FOR ALL UNREPRESENTED EMPLOYEES AI~'D ELECTED OFFICIALS, . II~'CLUDING AUTHORIZATION FOR THE MAYOR TO EXECUTE ANY NECESSARY CONTRACT AMENDMENTS TO LMPLEMENT SAID AMENDED COMPENSATION SUMMARY WHEREAS, the City has set forth the. compensation for all unrepresented employees and elected officials as set forth in a Compensation Summary via prior resolution; and WHEREAS, the City during this last year has negotiated in good faith, as required by the Meyers Milias Brown Act ("MMBA' ), terms and conditions of employment with the bargaining unit ("MM/PROF/SEAT`) representing Middle Management and Professional city employee classifications and has reached an agreement with that bargaining unit; and WHEREAS, the Cit} Council has approved the aforementioned agreement v,~ith MM/PROF/SEIU; and WHEREAS, the City, correspondently, desires to amend the Compensation Summary for all unrepresented employees and elected officials (`'Amended Compensation Summary") to, inter alia, reflect corresponding salary and benefit changes as set forth in the Amended Compensation Summary attached to the related staff report as Attachment 1; and NOW, THEREFORE; BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Amended Compensation Summary, including authorization for the Mayor to execute any necessary contract amendments to implement said Amended Compensation Summary; and it shall continue in full force and effect until subsequent amendment by City Council. Presented b}': r ~ J es Sandoval ity Manager Approved as to form by: ~'~ / /~ Glen R. Googins City Attorney 7:\Attornep\F'INAL RESOS AND ORDINANCESI?013\OS O6 li\HR-Unrep Comp Reso 7-30-13.doc 7/30/2013 2:35 PM ~-$~ COUNCIL RESOLUTION NO. JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AND THE CHULA VISTA HOUSING AUTHORITY APPROVING ~N ADMLNISTRATIVE ENCUMBRA\TCE (CARRYOVER) OF 5600:000 FROA4 FISCAL 1`EAR 2013 TO FISCAL 1~AR 2014. THE TR.4i\~SFER OF 5448.907 FROM THE NON-DEPARTAgNTAL BUDGET TO GENERAL FUivD DEPARTigNT BUDGETS. AND APPROPRIATING FUNDS TO THE FOLLO\VZNG FU\'DS - POLICE GRANTS. ENVIRONI`4ENTAL SERVICES. CV HOUSING AUTHORITY. CENTRAL GARAGE. TRA\~SIT. AND DEVELOPMENT SERVICES \VHEREAS; the Cih~ has reached agreement with the Chula Vista A4id Managers and Professionals Association on a i\4emorandum of Understanding for fiscal }ears 2014 and 201 ~; and \\'HEREAS, it has been the practice of the City to extend these benefits to unrepresented employees; and \VHEREAS, the fiscal near 20li-14 General Fund budget includes funds in the Non- Departmental budget for employee compensation and staff is now requesting to transfer these funds to the impacted departments; and \\%HEREAS, an appropriation is requested for the following funds -Police Grants, Environmental Services. Housing Authority. Central Garage; Transit; and Development Services. NO\V. THEREFORE. BE IT RESOLVED b_v the City Council of the City_ of Chula Vista. that it authorizes the following: • The establishment of an administrative encumbrance in the fiscal year 2012-13 Non-Departmental personnel services budget to be offset by expenditure savings in various General Fund departments that will be carried over to fiscal year 20li- 14 • The transfer of 5448;907 from the Non-Departmental Personnel Services expense category to the following departments Pe rsonnel Services expense categories in the fiscal year 20 L3-14 budeet: y o Cit}~ Council S L3;~70 o Cih~ Clerk 5 12,380 o Cih~ Attorney 5 44;303 o .Administration 5 48.42 o Information Technology Services y S 40.73 o Human Resources 5 41.153 o Finance 5 56.244 o Animal Caze Facility 5 8,030 1:Wnome}•~FNAL RESOS AND ORDI1dANCESt2013\OS 06 13N9p1PROPA Unrepresented Appropriation Reso (3).doc 7/30/2013 3:46 PM -$~ Resolution No. Page 2 o Development Services - GF $ 14,969 o Police $ 43,851 o Fire $ 31,86 o Public Works $ 63,896 o Recreation $ 14,007 o Library $ 1 x,713 BE IT FURTHER RESOLVED by the City Council and the Housing Authority of the City of Chula Vista, that it approves the following appropriations to the, personnel services expense category of the following funds: o Police Grants Fund $ 90,231 o Environmental Services $ 2,830 o CV Housing Authority Fund $ 12,362 o Central Garage Fund $ 3,689 o Transit CVT $ 4,883 o Development Services Fund $ 72,286 The appropriations to the Police Grants fund will be offset by increased reimbursement revenues. all other appropriations v``ill be made from the respective fund's available fund balance. Presented by Kel ey Baco Deputy City anager Approved as to form by ~ilntir7~'i i' lip 1 n . Googins City Attorney J:\Attorney\FINAL RESOS AND ORDINANCES\2013\OS 06 13\~4MPROFA Unrepresented Appropriation Reso (3).doc 7/30/2013 3:46 PD1 7-82