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HomeMy WebLinkAboutReso 2013-155 RESOLUTION NO. 2013-155 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CI-ULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE MID-MANAGERS/PROFESSIONAL/SEIU-LOCAL 221 BARGAINING UNIT ("MM/PROF/SEIU") RELATED TO COMPENSATION AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT WHEREAS. the City of Chula Vista has met and conferred, in good faith, with the Mid- Managers/Professional/Service Employee International Union-Local 221 bargaining. unit ("MM/PROF/SEIU°) in accordance with the provisions of the Meyers-Milias Brown Act ("MMBA") California Government Code sections 3500 et seq; and WHEREAS, the City and MM/PROF/SEW have reached an agreement on compensation and other terms and conditions of employment and, consistent with the MMBA, have set forth those terms in a Memorandum of Understanding (MOU), which has been designated as Exhibit A for identification is this resolution; and WHEREAS, the aforementioned MOU was ratified by a vote of the MM/PROF/SEW membership on July 22, 2013. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby: (1) approve the MOU between the City of Chula Vista and MM/PROF/SEW; (2) authorize the City Manager or his designee(s) to execute said MOU; and (3) authorize the City Manager or his designee to make such minor modifications to said MOU as may be approved or recommended by the City Attorney's office. Presented by Approved as to form by Kelley :aeon . G en R. Goog s Deputy City Manager/ G ' Atto Director of Human Resources Resolution No. 2013-155 Page No. 2 PASSED. APPROVED, and ADOPTED by the City Council of the City of Chula Vista. California, this 6th day of August 2013 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan, Ramirez, Salas and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None eta Cheryl Cox, I yor ATTEST: 4, ig.c�t7 Donna R Norris, M City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2013-155 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 6th day of August 2013. Executed this 6th day of August 2013. Donna R. Norris, CM , City Clerk Resolution No. 2013-155 Page No. 3 Same- arms nalftwattar 41.1.1 CM Of CHULA VISTA _ _ MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF CHULA VISTA AND CHULA VISTA MID MANAGERS/PROFESSIONAL ASSOCIATION/SEIU FY July 1, 2013-June 30, 2015 • Resolution No. 2013-155 Page No. 4 MEMORANDUM OF UNDERSTA-NDLNG CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA A1D MANAGERS / PROFESSIONAL ASSOCIATION / SEIU FOR FISCAL YEARS JULY 1, 2013— JUNE 30, 2015. TABLE OF CONTENTS SECTION I ADMINISTRATION 3 ARTICLE 1.01 PREAMBLE 3 ARTICLE 1.02 RECOGNITION 3 ARTICLE 1.03 CITY RIGHTS 4 ARTICLE 1.04 CVM IMJPROF/SEIUA RIGHTS 5 ARTICLE 1.05 LABOR-MANAGEMENT COOPERATION 6 ARTICLE 1.06 TERM AND EFFECT OF THIS MEMORANDUM OF UNDERSTANDING 6 ARTICLE 1.09 RETENTION OF BENEFITS - - 6 ARTICLE 1.10 SAVINGS CLAUSE 7 SECTION II COMPENSATION 8 SUBSECTION A. WAGES • 8 . ARTICLE 2.01 WAGES 8 ARTICLE 2.02 ACTING PAY 9 ARTICLE 2.03 OUT-OF-CLASS ASSIGNMENT 10 ARTICLE 2.04 SPECIAL PROJECT PAY 10 ARTICLE 2.05 BILINGUAL PAY 10 ARTICLE 2.06 MILEAGE REIMBURSEMENT 10 ARTICLE 2.07 SAFETY EQUIPMENT. PROTECTIVE CLOTHING: 8 TOOL ALLOWANCE11 ARTICLE 2.08 PROFESSIONAL ENRICHMENT 11 SECTION II COMPENSATION 12 SUBSECTION B BENEFITS 12 ARTICLE 2.09 EMPLOYEE BENEFITS 12 ARTICLE 2.10 GROUP_TERM LIFE INSURANCE 15 ARTICLE 2.11 RETIREMENT 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 BEREAVEMENT LEAVE 21 ARTICLE 3.05 HOLIDAYS 22 ARTICLE 3.06 JURY DUTY 23 ARTICLE 3.07 COURT LEAVE 24 ARTICLE 3.08 JOB SHARING 24 MM/PROF/SEIU MOU 07/01/13 -05/30/15 Pane 1 Resolution No. 2013-155 Page No. 5 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 35 • • { MM/PROF/SEIU MOU 07/01/13— 06/30/15 Page 2 Resolution No. 2013-155 Page No. 6 SECTION I ADMINISTRATION ARTICLE 1.01 PREAMBLE This Memorandum of Understanding (MOU) is entered into by the City of Chula Vista (Ciro) and the Chula Vista Mid Managers / Professional Association (MIA/PROF/SEM, SEIU Local 221; CLC, CTW, as a result of meeting and conferring in good faith concerning the wages, hours and other terms and conditions of employment, pursuant to the Employer-Employee Relations Policy of the City of Chula Vista and the California Government Code Section 3500 et. seq.; known as the Meyers-Milias-Brown Act. ARTICLE 1.02 RECOGNITION The City recognizes MM/PROF, SEIU Local 221; CLC,. CTW, as the-exclusive representative for employees in Classifications listed in Appendix A and B. Union Security • Dues and Sen•ice Fees. Each employee covered by this Agreement shall, as a condition of continued employment at the City, within thirty (30) days of effective date of this Agreement or within thirty (30) days of first employment in a M MM/PROF/SE]U position, execute the appropriate documents, which shall be provided by the City, in order to comply with one of the following: a. Union Membership. Become and remain a member of the Union in good standing, or b. Service Fee Payer. Commence and continue to tender a service fee calculated by the Union. This service fee will be equivalent of a prorata allocation of the cost of collective bargaining (i.e. agency fee) with the Employer. The employee's prorata allocation of collective bargaining costs with the Employer shall be calculated in compliance with all applicable laws. c. Religious Exemption. Notwithstanding the above, any employee who is a member of and adheres to established and traditional tenets or teachings of a bona fide religious body or sect, which has historically held conscientious objections to joining or financially supporting labor organizations, shall not be required to join or financially support the Union. Such employee is, however, required to pay sums equal to the charitable find exempt form taxation under Section 501 (c)(3) of Title 36 of the Internal Revenue Code. d. Maintenance of Membership. Any employee of the City covered under this agreement shall, as a condition of continued employment, maintain his or her membership for the duration of this agreement. e. Open Period. Notwithstanding any other provision of this Agreement, during the five (5) day period which constitutes-the first full workweek of March of each year of the Agreement, any person may eliminate his/her obligation to the Union under subsection 1 MM/PROF/SEIU MOU 07/01/13 -.06/30/15 Page 3 Resolution No. 2013-155 Page No. 7 or subsection 2 above by providing written notice of such intentions to the Finance . division with a copy to the Union. ARTICLE 1.03 CITY RIGHTS The NW/PROF/SEW agrees that the City has the right to unilaterally make decisions on all subjects that are outside the scope of bargaining. The exclusive rights of the City shall include, but not be limited to: A. Establish; plan for, and direct the work force 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/PROF/SEIU MOU 07/01/13- 06/30/15 Page 4 Resolution No. 2013-155 Page No. 8 Terms and conditions set forth in this MOU represent the full and complete understanding between the parties. During. the term of this MOU, the 1`41\4/PROF/SEIU expressly waives the right to meet and confer with respect to any subject covered in this MOU, unless modified through the voluntary, mutual consent of the parties in a written amendment. This MOU terminates and supersedes those partial practices, agreements, procedures, traditions, and rules or regulations inconsistent with any matters covered in the MOU. The parties agree that during the negotiations that culminated in this MOU, each parry enjoyed the opportunity to make demands and proposals or counter-proposals with respect to any matter, even though some matters were proposed and later withdrawn, and that the understandings and agreements arrived at after the exercise of that right and opportunity are executed in this MOU. The City's exercise of its management rights is not subject to challenge through the grievance procedure or in any other forum; except where otherwise in conflict with a specific term of this MOU, or when the exercised right involves a matter that is a mandatory subject of bargaining.. ARTICLE 1.04 NMI/PROF/SERI RIGHTS I. Authorized representatives of the MM/PROF/SEIU shall be allowed reasonable access to unit employees during working hours for the purpose of consulting regarding the employer-employee relationship, provided that the work operation and service to the public are not impaired and the authorized representatives shall have given advance notice to, and been granted authorization by, the Appointing Authority or his or her designee when contacting unit employees during the duty period of the employees. The Appointing Authority or his or her designee shall determine the appropriate time for such access. A. MIA/PROF/SERI may designate up to four (4) representatives (in addition to the President and Vice-President) who will be allowed reasonable access to unit employees. II. The MM/PROF/SEIU may be granted use of City facilities by the appropriate Appointing Authority for meetings composed of unit employees, provided such meetings are held outside regularly scheduled working hours for the group which is meeting, and provided space can be made available without interfering with the City needs. III. A reasonable amount of space shall be provided to Mivl/PROF/SEIU on City bulletin boards for legitimate 1\0\4/PROF/SERI communications . with members. The MMIPROF/SEIU shall be responsible for maintaining the space provided in an orderly condition and shall promptly remove outdated materials. Copies of such communications shall be furnished to the Director of Human Resources for review prior to posting. IV The City shall bill M1\41PROF/SEIU S0.10 per member per pay period for the full costs incurred for dues deduction on behalf of MM/PROF/SEIU. MM/PROF/SEIU MOU 07/01/13-06/30/15 Page 5 Resolution No. 2013-155 Page No. 9 V. MM/PROF/SEIU shall be provided, upon request, such literature and public documents as may be necessary (i.e., City budget_Civil Sen•ice Commission meetings, open Council conferences; etc) when the requested documents are not available on the City's intranet or intemet. ARTICLE 1.05 LABOR-MANAGEMENT COOPERATION The parties agree that during the term of this MOU. they will continue to participate in efforts to contain health care costs. The City and M llPROF/SEIU agree that they will continue to have open discussions on matters of concern to the parties during the term of this MOU. The parties agree to develop policies to be included in the City of Chula Vista Policy and Procedures manual and included in this MOU by reference, in regard to an internal appeal process of application of all policy and procedures. The parties agree meet and develop mutually acceptable language on a policy for the application of FLSA exempt status in relation to use of accumulated sick and vacation leave. ARTICLE 1.06 TERM AND EFFECT OF THIS MEMORANDUM OF UNDERSTANDING 1. 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 party in writing no later than. 11. . 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/PROF/SEIU MOU 07/01/13-05/30/15 Page 6 Resolution No. 2013-155 Page No. 10 Meyers-Milias-Brown Act; may be acted upon by the Cite without mutual consent after meeting and conferring with NO PROF/SEIU. ARTICLE 1.10 SAVINGS CLAUSE If any article or section of this MOU is held to be invalid by operation of law or by any court of .competent jurisdiction, or if compliance with, or enforcement of, any article or section is restrained by such court_ the remainder of this MOU shall not be affected by such action. The parties shall if possible meet and confer for the purpose of arriving at a mutually satisfactory replacement for any article or section invalidated by operation of law. • • MM/PROF/SOU MOU 07/01/13- 06/30/15 Page 7 Resolution No. 2013-155 Page No. 11 SECTION H COMPENSATION SUBSECTION A. WAGES ARTICLE 2.01 WAGES MM/PROF/SEIU represented employees are FLSA-exempt. I1. • A. Salary adjustments shall be made as follows: 1. For Fiscal-Year 2013-2014: a. Starting July 12, 2013, all MM/PROF/SEIU represented employees shall receive a 2% salary adjustment. b. In the first full pay period of January 2014, MM/PROF/SEW represented employees shall receive the following salary adjustments: i. MM/PROF/SEW represented employees in classifications identified by the City in attachment 1 shall receive a 3% salary adjustment. ii. MIA/PROF/SEW represented employees in classifications identified by the City in attachment 2 shall receive a 2% salary adjustment. iii. MM/PROF/SEW 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 when compared to the same reporting periods in the prior year. MM/PROF/SERJ MOU 07/01/13 - 05/30/15 Page 8 Resolution No. 2013-133 Page No. 12 B. To allow for salary adjustment increases, the City may reopen the MOU at am' time starting in the month of February 2014 for salary adjustment increases, that would be implemented during the FY 2014-2013 time period. 3. For Fiscal-Year 2014-2015, the City agrees that prior to City action based upon the Salary Survey, it shall provide a PDF copy of the Salary Survey to MM/PROF/SEIU, and NMI/PROF/SEW that shall have a period of 60 days from receipt of the Salary Survey to review and provide comments on the Salary Survey. 1,2M/PROF/SEIU shall provide its comments regarding the Salary Survey to the City within the aforementioned 60-day period. The City shall provide kLM/PROF/SEIU's comments to the City's outside consultant on the Salary Survey. The Salary Survey shall be that document which the City intends to provide to its consultant for review. III. Merit (Step) Increases will be made according to the formula set forth in the Civil Service rules currently in effect at the time the Merit Increase is due. All represented classifications shall be subject to a five (5)-step salary range. The normal hire rate shall be Step "A" provided, however, that an exceptionally well-qualified candidate may be hired beyond Step "A" within the established range based upon the recommendation of the Appointing Authority and the Director of Human Resources and with approval by the City Manager. IV. Effective Dates - All other payroll and wage changes, such as regular merit increases, shall be made effective at the beginning of the regular biweekly payroll period closest to the employee's actual anniversary date as a benefited employee in his or her current position. V. Rate of Pay Following Promotion - When a represented employee is promoted, the new rate of pay will be the lowest step in the new salary range which will result in the employee receiving at least 5% more than the actual base rate in the former classification. ARTICLE 2.02 • ACTING PAY MM/PROF/SEIU 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 5 percent above current salary rate, up to a maximum of 20 percent, effective the next full pay period following the commencement of the assignment. MM/PROF/SEIU MOU 07/01/13 - 06/30/15 Page 9 Resolution No. 2013-155 Paee No. 13 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 10 consecutive workdays, the assignment must be approved in advance by the City Manager or his or her designee and the employee may be compensated with a minimum of 5 percent above current salary rate up to a maximum of 20 percent, effective the next full pay period. II. The duration 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. Actin 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 MlvI/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 S100 per month in addition to their regular pay. Employees who wish to continue receiving_ bilingual pay must successfully complete a Bilingual Performance Examination once even: 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/PROF/SEIU MOU 07/01/13 -06/30/15 Paee 10 Resolution No. 2013-155 Page No. 14 ARTICLE 2.07 SAFETY EQUIPMENT, PROTECTIVE CLOTHING, AND TOOL ALLOWANCE MM/PROF/SEED, upon recommendation of their Department Head, shall receive S150 towards the purchase of safety shoes. ARTICLE 2.08 PROFESSIONAL ENRICHMENT • Employees represented by MMJPROF/SEIU are eligible to participate in the City's Professional Enrichment Program. The annual Professional Enrichment Fund allotment for MM/PROF/SEW employees is S15,000. An employee is eligible to receive up to 5250 per fiscal year for professional enrichment. Funds may be used at any time during the fiscal year. Fiscal year reimbursements under the City's "Professional Enrichment" will be closed the second Thursday in June. Employees may request reimbursement for professional-enrichment expenses in accordance with Internal Revenue Code Section 132, or any other applicable state and federal law. Employees must receive approval from their Appointing Authority and the City Manager's designee before funds may be claimed for reimbursement. Reimbursements are on a first come, first serve basis until the funds have been exhausted. MIM/PROF/SEW and City may by mutual agreement use up to one-half of these funds for agreed upon classroom training, organizational development, or team-building. MM/PROF/SEIU MOU 07/01/13 -06/30/15 Page 11 • Resolution No. 2013-155 Page No. 15 SECTION Il COMPENSATION SUBSECTION B BENEFITS ARTICLE 2.09 EMPLOYEE BENEFITS Employees are eligible for benefits if employed: A. directly by the City of Chula Vista and B. working in a half time (40-hours) or more position in an 80-hour biweekly pay period. 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 MM/PROF/SEIU agree: (I) 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 maner for mediation; with the mediator agreed upon by all parties; and (5) The City Council; to ensure timely Section 125 IRC compliance, may at any time in the month of December unilaterally adopt the Plan Document containing the specific provisions of the Plan (including plan changes) without mutual agreement and prior to the completion of paragraphs 1-4 of this section. A. Enrollment Newly eligible employees (new hires or those changing from an ineligible to an eligible position) will be covered under the City's Cafeteria Benefits Plan effective their date of hire in that eligible position. All of the Cafeteria Benefits are effective from the employee's date of hire except the Dental Plans which 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/PROF/SEIU MOU 07/01/13 - 06/30/15 Page 12 Resolution No. 2013-155 Page No. 16 sponsored health plan available with the remaining balance of the Cafeteria Benefits Plan allotment being placed in the taxable cash option. Employees who fail to submit required benefit election forms during Open Enrollment will be enrolled in their same health plan with all other elections being cancelled and the balance of their flex allotment being placed in the taxable cash option. C. Cafeteria Plan Allotment 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 (512,436). The flex amount for Employee ± 1 and Employee Family will be adjusted under the current 50/50 cost sharing formula. MM/PROF/SEILi represented employees shall receive a Cafeteria Plan allotment of 512,762. effective calendar year 2013, to purchase eligible benefits. Eligible pan-time benefited employees will receive an allotment in the proportion that such part-time employment bears to full-time employment. To maintain relative buying power to purchase health benefits from the Cafeteria Plan allotment, annually, thereafter, the City will share the average cost increase of the full- family non-indemnity health plan premiums on a 50/50 basis with members. For 2013 the plans used included the Kaiser and Aetna HMO plans. • MM/PROF/SEIU MOU 07/01/13 -05/30/15 Page 13 Resolution No. 2013-155 Page No. 17 C. Available Cafeteria Benefits 1. Health Insurance From the Cafeteria Plan allotment, each represented employee must select coverage for him or herself under one of the City sponsored medical plans. However, if the employee has group medical insurance from another reliable- source that is acceptable to the City of Chula Vista Department of Human • Resources, the employee may elect to decline medical insurance from a City provider and apply the value; of the City's "Flexible Benefit Plan" contribution to other available City Flex options. Any employee married to another benefited City employee who is covered under his or her spouse's plan may waive coverage under the Cafeteria Plan and will receive full credit. Any employee who declines medical insurance coverage may enroll in the City medical plan prior to the next open enrollment only if the employee .involuntarily loses the coverage. Enrollment application must be received 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 Ciry 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/Medical/Vision (D/A'l/V) and Dependent Care Reimbursement Accounts (Optional) Represented employees may allocate a portion of their Cafeteria Plan Allotment to either or both of these reimbursement account options. 4. Vision (Optional) Represented employees will be eligible to participate in a City sponsored group vision plan. Any difference between the employee's available Cafeteria Plan allotment and the premium for the selected plan will be paid by the employee through payroll deductions. 5. Cash (Optional) MM/PROF/SEIU MOU 07/01/13 — 06/30/15 Page 14 Resolution No. 2013-155 Page No. 18 Represented employees may allocate a portion of their Cafeteria Plan Allotment to a taxable cash payment. These payments will be paid to employees on a pro-rata accrual two times per benefit year. 6. Flexible Spending Accounts (FSAs)—Health Care and Dependent Care Represented employees will be eligible to participate in the two Flexible Spending Account (FSA) options offered by the City. Employees may elect to set aside a portion of their salary, on a pre-tax basis; to fund eligible health care and dependent care expenses. If the City does not meet IRS regulations, or if the IRS regulations chanee for any reason, this benefit may be discontinued. The City reserves the right to contract with a Third Party Administrator for the administration of FSAs. The City will pay the start-up costs associated with third parr administration. Participating employees will pay any required fees (monthly, per employee, per transaction; etc.). D. Short-TermfLong-Term Disability The City agrees to contribute the amount necessary to provide short-term • disability and long-term disability protection for each represented employee. Short-Term Disability- A thirty (30) day elimination period with a maximum benefit subject to, and in accordance with, the provisions set by the group disability plan. • Long-Term Disability- A ninety (90) day elimination period with a maximum benefit subject to; and in accordance with, the provisions set by the.group disability plan. ARTICLE 2.10 GROUP TERM LIFE INSURANCE The City agrees to pay the premium for 550;000 of group term life insurance and accidental death and dismemberment insurance for each represented employee. Represented employees may purchase supplemental group term life insurance in $10,000 increments up to a maximum of $550;000 or four (4) times the employee's annual salary, whichever is less. Supplemental life insurance for the employee's spouse is available in $10,000 increments up to $100,000 or 50% of the employee's coverage, whichever is less through the City's group insurance plan. MM/PROF/SEIU MOU 07/01/13 -06/30/15 Paee 15 Resolution No. 2013-155 Page No. 19 ARTICLE 2.11 RETIREMENT The City will provide to represented 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 for local miscellaneous employees: Tier 1 Local Miscellaneous 3% @ 60 Tier 2* Local Miscellaneous 2% @ 60 Tier 3** Local Miscellaneous 2% @ 62 *New CaIPERS members on or after 04/22/2011 through 12/31/2012 **New CaIPERS members on or after 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 Internal Revenue Code, 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: 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 Coder which will be applied to the employee contribution to Ca1PERS. 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 MMIPROF/SEIU MOU 07/01/13 —06/30/15 Page 16 • Resolution No. 2013-153 Page No. 20 E. Militant' 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 will be applied to the CaIPERS employee contribution. There is no Employer-Paid Member Contribution (EPMC). Final compensation will be computed based on the highest average compensation during a consecutive 36-month period_subject to the compensation limit set by CaIPERS. Contract provisions for Tier 3 benefits will be determined by CaIPERS pursuant to the California Public Employees' Pension Reform Act of 2013. ARTICLE 2.12 DEFERRED COMPENSATION MM/PROF/SE[U members shall be eligible to participate in any approved deferred compensation plan offered by the Cite. - MM/PROF/SEIU MOU 07/01/13- 05/30/15 Page 17 Resolution No. 2013-155 Page No. 21 SECTION III HOURS ARTICLE 3.01 ALTERNATIVE WORK SCHEDULES I. The Union and the City agree to support the use of the various work scheduling arrangements. As such the Union and the City agree to continue the application of alternative work schedules under Human Resources Department Policies and Procedures Policy `912 as written and in effect as of July 8, 2009. Policy 4912 is incorporated in this MOU by reference. ARTICLE 3.02 VACATION Definitions For the purpose of this article; the definitions relating to vacations as found in the Civil Service rules shall apply. . - II. Vacation A. Vacation Accrual Continuous service: Each employee paid at a biweekly rate who has had continuous full-time active service shall be entitled to vacation with pay. This benefit will be calculated based on 26 pay periods per fiscal year. The following provisions shall apply: 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 through fourteenth years of service. 4. Employees will accrue and be eligible to receive 200-hours annually during the fifteenth and succeeding years of service. 5. Maximum Vacation Accrual - at no time may an employee have more than three- years of vacation leave accumulated. No credits shall be accrued above this limit and any time in excess of the three-year limitation will be lost. . 6. Vacation accrual rate changes will become effective at the beginning of the pay period closest to the actual date, which includes the employee anniversary date of benefited status. MM/-PROF/SEIU MOU 07/01/13 - 06/30/15 Page 18 Resolution No. 2013-155 Page No. 22 7. Vacation Sell Back — All members of represented classifications who have completed at least five (5) years of service shall have the option of selling a total of 80-hours of vacation per fiscal year back to the Cite two times per fiscal Year in 40 hour increments. B. Each part time employee paid at a biweekly rate shall be entitled to vacation with pay. The number of working days of such vacation shall be computed on the basis set forth in subsection (2), (3), (4), or (5) and shall be in the proportion that such part-time employment bears to full-time employment. C. Employees separated from City service, whether voluntarily or involuntarily, shall be granted all of the unused vacation to which they are entitled based upon continuous service computed on the basis set forth in subsection (2), (3), (4), or (5). Payment shall be made hour-for-hour with any portion of an hour being considered a full hour. D. Vacation Use - Vacation leave balances shall be reduced for actual time not worked to the nearest quarter hour. Absences may not be charged to vacation not already accumulated. • ARTICLE 3.03 SICK LEAVE Accumulated paid sick leave credit is to be used for the sole purpose of protecting the employee's wages in the event absence is made necessary because of disability due to the injury or illness of the employee or members of their immediate family. For purposes of this article, immediate family is defined as spouse; domestic partner, child, stepchild, • parent, stepparent, sibling, parent-in-law, grandparent,. or any other person living as a member of the employee's immediate household. II. Sick Leave Accrual - Computation of sick leave: Sick leave with pay is cumulative at the • rate of 3.69 working hours for each biweekly pay period of active service, 96 hours annually, beginning at the time of full-time probationary employment. This benefit is calculated on 26 pay periods per fiscal year. Permanent part-time employees shall receive sick leave pay in the proportion that such part-time employment bears to full-time employment. A person who has held a position with temporary or interim status and is appointed to a position with permanent status, without a break in service, may have such time credited to sick leave upon the recommendation of the Appointing Authority and the Human Resources Director and with the approval of the City Manager. III. Maximum Sick Leave Accumulation - Unused sick leave may be accumulated in an unlimited amount. MM/PROF/SEIU MOU 07/01/13—06/30/15 Page 19 Resolution No. 2013-155 Page No. 23 IV. Sick Leave Use - Sick leave balances shall be reduced for actual time not worked to the nearest quarter hour for reasons allowable under this section. Absence for illness may not be charged 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 withhold approval of sick leave until the employee can explain why he/she did not call within the one-hour. The supervisor will then make a determination as to the allowability of sick leave use. V. Sick Leave Verification - The City may, in its discretion, require a medical provider's certificate and/or a personal sworn affidavit stating that the -employee is unable to perform the essential functions of his or her job in order to determine eligibility for sick leave. If an employee is to be required to furnish a doctor's certificate, the employee shall be notified by his or her supervisor that a medical providers certificate shall be required when the employee notifies the City that he or she will be absent by reason of illness or disability of themselves or an immediate family member. Sick leave verification may be requested at any time it appears there is a pattern or practice of sick leave use that could be related to abuse, regardless 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 PAY OPTION (25%1 96 hrs I 24 hrs j • MM/PROF/SEIU MOU 07/01/13 - 05/30/15 Page 20 Resolution No. 2013-155 Page No. 24 88 hrs 22 hrs 80 hrs 20 hrs 72 hrs 18 hrs 64 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 yearly 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 25% of the remaining hours as payment, or 16 hours. The 16 hours are subtracted from his or her remaining yearly sick leave and the other 48 hours are added to the employee's accumulated sick leave balance.) D. Payment will be made during the month of July of each year. Pay will be computed based on the employee's salary on June 15. E. Payment will be made only to employees on the payroll twelve (12) consecutive months prior to the payoff calculation. Permanent employees who retire during the fiscal year will be compensated under this plan based upon their formal retirement date. Prorated payments will not be made to an employee who terminates during the fiscal year. However, in the event of the death of an individual while employed by the City, 100% of the employee's unused, accumulated sick leave will be paid to the appropriate beneficiary as prescribed by law. Termination of Sick Leave Balances Upon the independent determination of Ca1PERS that a non-safety employee is disabled from the performance of their duties, the employee shall not be entitled to use any remaining sick leave to cover absence beyond their FMLA entitlement. Sick leave balance may be applied to applicable PERS service credit. An application for a disability retirement, either employee or employer initiated, shall not affect the employee's rights under Workers Compensation laws. ARTICLE 3.04 BEREAVEMENT LEAVE When an employee with permanent status is compelled to be absent from work because of the death of an immediate family member as defined in the IRS, or any other person living in the same household or those defined in subsection 2 of this article; and after such employee makes written request and receives written approval from their Appointing Authority when staffing permits, such employee shall be allowed to use their accumulated sick leave, vacation, MM/PROF/SEIU MOU 07/01/13 - 06/30/15 Page 21 Resolution No. 2013-155 Page No. 25 compensatory time or floating holiday time for up to five (5) calendar days, plus three (3) travel days. 1. The employee shall be `ranted time off without loss of pay to attend the funeral of a deceased current co-worker at the discretion of the supervisor for up to two (2) hours. 2. In the case of death of a member of the employee's immediate/extended family, an employee shall be allowed up to five (5) working days of bereavement leave. Members of the immediate/extended family are normally considered to be the spouse, registered domestic partner, children, father, mother; brothers, sisters, grandparents, grandchildren, father/mother-in-law, sister/brother-in-law, or daughter/son-in-law. Also included as extended family are step-family members who have at any time lived in the household with the employee. 3. For absences to attend the funeral of a relative other than a member of the immediate/extended family, an employee shall be allowed up to one day of bereavement leave and shall use their accumulated leave. 4. An employee shall be granted up to four (4) hours of bereavement leave and shall use their accumulated leave to attend the funeral of a friend. 5. Bereavement leave for part time employees shall be pro-rated, that is, in the ratio of the average part-time work-week to a forty (40) hour week. ARTICLE 3.05 HOLIDAYS 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. I1. Employees who work a flexible schedule (a 4-10 shift schedule for example) and who cannot observe a normal holiday schedule: A. If a hard holiday falls on the employee's regularly 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 day. The employee must use the appropriate number of hours of vacation or holiday time to supplement the eight-hours (8) of holiday time in order'to reach MM/PROF/SEIU MOU 07/01/13—06/30/15 Page 22 Resolution No. 2013-155 Page No. 26 40-hours for that workweek, if the normally scheduled shift was greater than eight (8) hours. III. Floating Holidays A. Amount - Effective the first pay period of the fiscal year during this MOU, employees shall be credited with eight (8) hours Floating Holiday time each for Lincoln's Birthday, Washington's Birthday, and Admission Day. Permanent pan-time employees paid at a bi-weekly rate shall be credited floating holiday time in the proportion that such part-time employment bears to full-time employment. Employees may take floating holiday time at their discretion, subject to staffing needs and with the approval of their Appointing Authority. B. Floating Holiday Use -Employees using floating holiday time before the holiday passes and subsequently leaving City service will be charged for such time. Employees who do not use their floating holiday time before June 30 of the fiscal year will lose such time. The smallest unit of time chargeable to floating holiday time is one half hour. IV. Management Leave A. N 4/PROF/SEIU Middle Managers/Professionals will receive 88 hours of Management Leave each fiscal year. ARTICLE 3.06 JURY DUTY Employees who are called to serve on jury duty for any county, state,or federal court within the • San Diego area shall be entitled to paid leave under the following circumstances: I. They must present to their supervisor the court order to appear for jur}' duty at least three (3) weeks prior to their date to report. II. The employee must submit a daily court authorized, stamped time card accounting for all hours of required service ordered by the court. III. If jury service and travel time from court to work is less than five (5) hours (7 hours for person on a 4/10 plan) in a work day, the employee is expected to return to work unless a justification is provided and approved or pre-authorized leave is approved. 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/PROF/SEIU MOU 07/01/13-06/30/15 Page 23 Resolution No. 2013-155 Page No. 27 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. VI. It is the employee's responsibility to inform his or her supervisor on a daily basis if they are required to report for jury duty the following day. ryas 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: I. 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 documentary evidence of service. • ARTICLE 3.08 JOB SHARING The City will make reasonable accommodation for an employee in a regular position who desires to share his or her job with another qualified employee or eligible person. Jobs may be shared on an hourly or daily basis. All legally permissible benefits will be pro-rated. Each employee shall be notified in writing by the Appointing Authority (as defined in the City Charter) at the time of the appointment and such notification will clearly define the benefits to which each employee is entitled. MM/PROF/SEIU MOU 07/01/13 - 06/30/15 Page 24 Resolution No. 2013-155 Pate No. 28 ARTICLE 3.10 LEAVES OF ABSENCE MILITARY LEAVE For purpose of this MOU, the Civil Service Rules retarding Military Leave and Leaves of Absence are incorporated by reference as though set out in full in this article. • MM/PROF/SEIU MOU 07/01/13 -06/30/15 Pate 25 Resolution No. 2013-155 Page No. 29 SECTION TV WORKING CONDITIONS ARTICLE 4.01 PROHIBITED PRACTICES L M?v1/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 1, the City Manager or his or her designee shall immediately notify MM/PROF/SEIU that an alleged prohibited action is in progress. III. MM/PROF/SEIU shall as soon as possible, and in any event, within eight working hours disavow any strike or other alleged prohibited action, shall advise its members orally and in writing to immediately return to work and/or cease the prohibited activity and provide the City Manager with a copy of its advisement or, alternatively, accept the responsibility for the strike or other prohibited activity. IV. If MM/PROF/SEIU 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 financially or otherwise responsible. The City may impose such penalties or sanctions as the City may appropriately assess against the participants. V. Should MM/PROF/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 Service rules. In the event MM/PROF/SEIU wishes to request a classification or compensation study for an individual or a classification, it may do so by providing a written request to the Director of Human Resources. Written requests must provide significant justification to support the request for the study. MM/PROF/SEIU MOU 07/01/13- 06/30/15 Page 26 • Resolution No. 2013-155 Page No. 30 ARTICLE 4.03 FITNESS FOR DUTY The parties agree that physical and mental fitness of City employees are reasonable requirements to perform the duties of the job and instill public confidence. Recognizing these important factors, the parties agree that during the term of this MOU, the City pith reasonable cause, may require medical and psychological assessments of employees, provided the City pays and provides time off without loss of pay for such assessments. All such assessments shall be done by appropriately qualified health care professionals. It is understood that the assessment regimen performed by said professionals shall be reasonably related to the requirements and duties of the job. Any treatment or remedial action shall be the full responsibility of the employee, except as otherwise provided by law or as may be provided through the Employee Assistance Program (EAP) for City employees. • ARTICLE 4.04 SUBSTANCE ABUSE POLICY Employees represented by MM/PROF/SEIU are subject to the City's Substance Abuse Policy. ARTICLE 4.05 MODIFIED DUTY When an employee is injured on the job and, according to their physician, is able to return to work with limitations, the Cite will make even' effort to place the employee in a modified duty assignment as closely approximating as possible the type of work the employee normally does, until he or she is released back to full duty. The nature of the assignment will depend on the physical restrictions of the employee as stated by the treating physician and the availability of a modified position in the department that is consistent with the physical restrictions. Notwithstanding the above, the acceptance of a modified duty assignment, if available, will be mandatory. ARTICLE 4.06 DIRECT DEPOSIT All employees hired after the effective date of this MOU, as a condition of employment will be required to provide authorization to the City's Director of Finance to electronically deposit their paychecks to a financial institution of their choice. MM/PROF/SEIU MOU 07/01/13 - 05/30/15 Page 27 Resolution No. 2013-155 Page No. 31 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-supervisor level and provide an orderly procedure to handle grievances through the several supervisory levels where necessary. (3) Resolve grievances as quickly as possible and correct, if possible, the causes of grievances thereby reducing the number of grievances and future 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 by this agreement. (3) Appointing Authority: The chief executive officer of a department. (4) Director of Human Resources: The Director of Human Resources or his or her authorized representative. (5) Employee: Any officer or 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/PROF/SEIU MOU 07/01/13 —05/30/15 Page 28 Resolution No. 2013-155 Page No. 32 Section 3. REVIEWABLE AND NON-REVIEWABLE GRIEVANCES. (1) To be reviewable under this procedure a grievance must: (a) Concern matters or incidents that have occurred in alleged violation of a specific clause in this agreement; and (b) Specify the relief sought, which relief must be within the power of the City to grant in whole or in part. (2) A grievance is not reviewable under this procedure if it is a matter which: (a) Is subject to those reserved City Management Rights as stipulated under .- Section 4 of the Employer-Employee Relations Policy for the City of Chula Vista or under management rights as specified in this agreement. (b) Is reviewable under some other administrative procedure and/or rules of the Civil Service Commission such as: 1. Applications for changes in title,job classification, or salary. 2. Appeals from formal disciplinary proceeding. 3. Appeals arising out of Civil Service examinations. 4. Appeals from work performance evaluations. 5. Appeals that have Affirmative Action or civil rights remedy. (c) General complaints not directly related to specific clauses of this agreement. (d) Would require the modification of a.policy established by the City Council or by law. (e) Relates to any City group insurance or retirement programs. Section 4. GENERAL PROVISION OF THE GRIEVANCE PROCEDURE. - (1) Grievances may be initiated only by the employee or employees concerned and may not be pursued without his or her or their consent. (2) Procedure for Presentation. In presenting his or her grievance, the employee shall follow the sequence and the procedure outlined in Section 5. MM/PROF/SEIU MOU 07/01/13 —06/30/15 Page 29 Resolution No. 2013-155 Page No. 33 (3) Prompt Presentation: The employee shall discuss his or her grievance with his or her immediate supervisor within ten (10) working days after the act or omission of management causing the grievance, or within ten (10) working days of when the employee, with the exercise of reasonable diligence, should have discovered the act or omission being grieved. (4) Prescribed Form. The written grievance shall be submitted on a form prescribed by the Director of Human Resources for this purpose. (5) Statement of Grievance. The grievance shall contain a statement of: (a) The specific situation, act or acts complained of as an agreement violation; (b) The inequity or damage suffered by the employee; and (c) The relief sought. (6) Employee Representative. The employee may choose someone to represent him or her at any step in the procedure. No person hearing a grievance need recognize more than one representative for any employee at any one time, unless he or she so desires. (7) Handled During Working Hours. Whenever possible, grievances will be handled during the regularly scheduled working hours of the parties involved. (8) Extension of Time. The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of.the duration of such extension of time must be signed by both parties involved at the step to be extended. (9) Consolidation of Grievances. If the grievance involves a group of employees or if a number of employees file separate grievances on the same matter, the grievances shall, whenever-possible, be handled as a single grievance. (10) Settlement. Any complaint shall be considered settled without prejudice at the completion of any step if all parties are satisfied or if neither pan' presents the matter m a higher authority within the prescribed period of time. (11) Reprisal. The grievance procedure is intended to assure a grieving employee the right to present his or her grievance without fear of disciplinary action or reprisal by his or her supervisor, superior, or Appointing Authority, provided he or she observes the provisions of this grievance procedure. MM/PROF/SEIU MOU 07/01/13 —06/30/15 Page 30 Resolution No. 2013-155 Page No. 34 (12) Back Pay. The resolution of a grievance shall not include provisions for back pay retroactive further than twenty (20) working days prior to the date the grievance is filed. However, if with the exercise of reasonable diligence the act or omission being grieved was not discovered within 10 working days of its occurrence_ and the grievance is subsequently timely filed pursuant to Section 3, then the resolution of the grievance may include provision for back pay for a maximum period of one year from the date the grievance was filed. Section 5. GRIEVANCE PROCEDURE STEPS. The following procedure shall be followed by an employee submitting a grievance pursuant to policy: Step 1 Discussion with Supervisor. The employee shall discuss his or her grievance with his or her immediate supervisor informally. Within three (3) working days, the supervisor shall give his or her decision to the employee orally. - - Step 2 Written Grievance to Superior. If the employee and supervisor cannot reach an agreement as to a solution of the grievance or the employee has not received a decision within the three (3) working days' limit, the employee may within seven (7) working. days present his or her grievance in writing to his or her supervisor who shall endorse his or her comments thereon and present it to his or her superior within seven (7) working days. The superior shall hear the grievance and give his or her written decision to the employee within seven (7) working days after receiving the grievance. Step 3 Grievance to Appointing Authority. If the employee and superior cannot reach an agreement as to a solution of the grievance or the employee has not received a written decision within the seven (7) • working days' limit, the employee may within seven (7) working days present his or her grievance in writing to his or her Appointing Authority. The Appointing Authority shall hear the grievance and give his or her written decision to the employee within seven (7) working. days after receiving the grievance. Step 4 Grievance to Director and Manager. If the grievance is not settled at the Appointing Authority level, it may be submitted by the Association Representative within twenty (20) working days to the Director of Human Resources, who shall investigate and report his or her findings and recommendations to the City Manager within ten (10) working days. The City Manager shall provide his or her answer within ten (10) additional . working days. The times indicated may be extended by mutual agreement. Any employee grievance will be filed with the Association Representative at Step 4. Following the submission of the Cin' Manager's answer, and before going to Section 6, Advisory Arbitration, matters which are unresolved shall be discussed MM/PROF/SEIU MOU 07/01/13 - 06/30/15 Page 31 Resolution No. 2013-155 Page No. 35 at a meeting. between the parties during which all pertinent facts and information will be reviewed in an effort to resolve the matter through conciliation. Section 6. ADVISORY ARBITRATION. Any dispute or grievance which has not been resolved by the grievance procedure may be submitted to advisory arbitration by the Association Representative or the City without the consent of the other party providing it is submitted within ten (10) working days, following its termination in the grievance procedure. The following Advisory Arbitration procedures shall be followed: (1) The requesting party will notify the other party in writing of the matter to be arbitrated and the contract provision(s) allegedly violated. Within five (5) working days of the receipt of this notice, the parties may agree upon an arbitrator, or a panel of three arbitrators trained in conducting grievance hearings. If agreement on an arbitrator cannot be reached, the State Department of Industrial Relations shall be requested by either or both parties to provide a list of five arbitrators. Both the City and the Association shall have the right to strike two names from the list. The party requesting the arbitration shall strike the first name; the other party shall then strike one name. The process will be repeated and the remaining person shall be the arbitrator. (2) The arbitrator shall hear the case within twenty (20) working days after the arbitrator has been selected. The arbitrator may make a written report of their findings to the Association and the City within fifteen (15) working days after the hearing is concluded. The arbitrator shall make rules of procedure. The decision of the arbitrator shall be advisory to the City Manager who shall render a final decision within ten (10) working days. • The arbitrator shall have no authority to amend, alter, or modify this agreement or its terms and shall• limit recommendations solely to the interpretation and application of this agreement. The above time limits of this provision may be extended by mutual agreement. (3) Each grievance or dispute will be submitted to a separately convened arbitration proceeding except when the City and the Association mutually agree to have more than one grievance or dispute submitted to the same arbitrator. (4) The City and the .Association shall share the expense of arbitrators and witnesses and shall share equally any other expenses, including those of a stenographer, if required by either party. If either party elects not to follow the advisory decision rendered by the arbitrator, that party shall pay the entire cost of the arbitration process, including the expense of the arbitrator, witnesses, and/or stenographer. MM/PROF/SEIU MOU 07/01/13-05/30/15 Page 32 Resolution No. 2013-155 Page No. 36 Negotiating Team Members CITY OF CHULA VISTA: SEIU Local 221 : Kelley K. Bacon; Lead Negotiator Lam' AJcoff, Lead Negotiator City of Chula Vista David Garcias, President Co Negotiators: Lisa Ton-es Simon Silva Angelica Aguilar Maria Kachadoorian Jim Sandoval, City Manager City of Chub Vista • MM/PROF/SEIU MOU 07/01/13- 06/30/15 Page 33 Resolution No. 2013-155 Page No. 37 CITY OF CHULA VISTA PROPOSALS TO SEIU 221 Appendix (A) • Middle Management Classifications After School Program Manager Open Space Manager Animal Care Facility Manager Operations and Telecommunications Applications Support Manager Manager CIP Projects Supervisor Parks Manager - Collections Supervisor Permits Processing Supervisor Communications System Manager Plan Check Supervisor Construction and Repair Manager Police Communications Systems Manager Crime Laboratory Manager Police Support Services Manager Custodial & Facilities Manager Principal Civil Engineer Detention Facilities Manager Principal Economic Development Development Services Counter Manager Specialist Environmental Resources Manager Principal Landscape Architect Environmental Services Program Manager Principal Librarian Equipment Maintenance Manager Principal Planner Fleet Manager Principal Recreation Manager GIS Supervisor Public Works Manager Information Technology Manager Records Manager Information Technology Support Manager Revenue & Recovery Manager Library Digital Services Manager Senior Equipment Maintenance Supervisor Library Operations Manager Senior Librarian Literacy & Programming Coordinator Senior Recreation Manager Open Space Coordinator Wastewater Collections Manager MM/PROF/SEIU MOU 07/01/13 - 06/30/15 Page 34 Resolution No. 2013-155 Page No. 38 CITY OF CHULA VISTA PROPOSALS TO SEIU 221 Appendix (B) Professional Classifications Applications Support Specialist Public Information Officer (PD) Building Project Manager Public Works Coordinator Building Projects Supervisor Redevelopment Coordinator Development Automation Specialist Risk Management Specialist Emergency Services Coordinator Senior Applications Support Specialist Fiscal Services Analyst Senior Graphic Designer Information Technology Support Senior Information Tech. Support Specialist Specialist Landscape Architect Senior Management Analyst Library Administrative Coordinator Senior Planner Literacy Team Coordinator Senior Procurement Specialist Nature Center Program Manager Senior Programmer Analyst Police Training & Development Senior Project Coordinator Supervisor Senior Public Safety Analyst Principal Economic Development Senior Recreation Manager • Specialist Senior Risk Management Specialist Principal Landscape Architect Systems/Database Administrator Principal Management Analyst Traffic Engineer Principal Project Coordinator Transit Operations Coordinator Principal Revenue Analyst Veterinarian Programmer Analyst MM/PROF/SEIU MOU 07/01/13 -06/30/15 Page 35 Resolution No. 2013-155 Attachment 1 Pane No. 39 3%Salary Adjustment •osition _ • DEVLPMT SVCS COUNTER MGR OPEN SPACE MANAGER PUBLIC WORKS MANAGER SR MANAGEMENT ANALYST PRINCIPAL MANAGEMENT ANALYST RECORDS MANAGER • Resolution No. 201 3-155 Page No. 40 Attachment 2 2%Salary Adjustment r osition :?. PRNCIPAL RECREATION MANAGER OPS&TELECOME MGR GIS MANAGER POUCE SUPPORT SERVICES MGR SR RISK MANAGEMENT SPECIALIST FLEET MANAGER ANIMAL CARE FACILITY MGR SR PROGRAMMER ANALYST CONSTRUCTION &REPAIR MGR CUSTODIAL& FACILITIES MANAGER