HomeMy WebLinkAbout2013/09/10 Item 15 --� �� CITY COUNCIL
� AGENDA STATEMENT
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�� �`C U�IAf VISTA
SEPTEMBER 10. 2013 Item �5
ITEA4 TITLE: RESOLUTIO\' OF THE CITY COUI�iCIL OF THE CITY OF
CHLiLA VISTA APPROVING A4En40RA�\TDU?�4S OF
U?�TDERSTP.i\DII�'G BETV�'EEN THE CITY OF CHULA
VISTA AI�TD THE CHULA VISTA EMPLOYEES
ASSOCIATION SEIU-LOCAL 221 (CVEA/SEN) AI�'D
WESTERI�' COUNCIL OF ENGINEERS (WCE)
BARGAII�TII�'G UI�TITS RELATED TO COMPEI�'SATION
���D OTHER CONDITIONS OF ENIPLOYMENT .A�\TD
APPROPRL1TII�iG FUI�'DS ACCORDINGLY
RESOLUTIO\ OF THE CHULA VISTA HOliSING
AUTHORITY APPROPRIATI\'G FiJ\iDS FOR COST
Ii�CREASES RELATED TO THE A4EA40RANDU?�4 OF
U�TDERSTAI�TDIi�'G BETWEEN THE CITY OF CHiiLA
VISTA A_�'D THE CHiJLA VISTA EMPLOYEES
ASSOCIATIO\� SEN-LOCAL 221 (CVEAISEIU)
SUBi17ITTED BY: DEPUTY CITY 1�4AI`'AGER/DIRECTOR OF HUMAI�r���
RESOURCES .
REVIE��'ED BY: CITY MAI�'AGER��. �.5,
•ASSISTAI�TT CITY MAI�'AGER�
�p��
4/STHS VOTE: YES ❑X \O �
SUYIl�ZARY
71us resolution «�ll provide compensation and other conditions of emplo}�nent for the followina
miscellaneous emplo}�ee eroups:
• Chula Vista Emplo�•ees Association (CVEA/SEN)
• �'�'estem CouncIl of Eneineers (\\'CE)
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SEPTEMBER 10, 2013 Item �.S
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During the past several months, representatives for the City have met, independently, with
representatives for CVEA/SEN and WCE towards developing mutually beneficial MOUs
covering fiscal years 2013/2014 and 2014/2015. The City has reached agreements with the
CVEA/SEN and WCE bargainin�units on benefit packages covering this timeframe.
The proposed compensation and other conditions of emplo}ment were ratified by a majority
of CVEA/SEN members on August 1, 2013 and WCE members on August 19, 20li.
ENVIRONMENTAL REVIEW
This proposed activitv has been reviewed for compliance with the Califomia 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) rof the State CEQA
Guidelines, the activity is not subject to C�QA. Thus, no environmental review is necessazy.
RECOMMENDATION
Couneil adopt the resolution
BOARDS/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
Eazlier this year negotiating teams representing Chula Vista Employees Association and
Westem Council of Engineers met; independently, with the City's negotiating team to develop
a new Memorandum of Understanding for their respective bazgaining unit. Two-yeaz packages
were developed covering fiscal years 2013/2014 and 2014/2015 (expires June 30, 2015).
Summarv of Basic Waee and Benetits Packaae for CVEA Group
Chula Vista Employees Association
• CVEA/SEIU represented employees will receive the following compensation
enhancements throughout tbe course of tbe two-year contract:
• Fiscal Year 2013-2014
o Effective July 26; 2013, represented employees received a 2% salary
adj ustment
o In the first full pay period of January 2014, represented employees shall
receive a 1% salary adjustment
o Unclassified Hourly (UCHR) position titles that match a bargaining unit
classification title shall receive a salary adjustment equivalent to the positio�
it matches within the respective bargaining unit. �
• Fiscal Year 2014-201�
o No automatic salary adjustments; however, either party may request a
reopener on the issue of salazy increases only. To reopen, either party,must
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SEPTE?�4BER 10. 2013 Item /5
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send a NTitten notice, b�= n4azch 1, 2014; that it desires to reopen on the issue
of salarv increases
• Dispatchers to receive out-of-class pay yhen assigned, b�� a supervisor; for more
than 8 hours in a pay period '
• Additional $100/pav period ara��eyard shifr differential specific to police service
officers (PSO) and dispatchers
• Cam�over of n��o consecutive }°ears of individual professional enrichment allotment
• Certification pa}• laneuaQe to mirror that of Ciri� policy
� Human Resources Director ma}° grant or deny request for job sharino
• Career advancement guidelines for emplo��ees hired before June 30 20li and afrer
June 30. 2013
• Parties agree to meet beginnino no later than September 12, 20li regazdine
pazameters of compensation component of Quality �4'orl:force Program
Summan� of Basic Wa¢e and Benefits Packa2e for�YCE Group
�i'estern Council of Engiueers
• �6%CE represented employees N�ill receive the follou�ine compensation enhancements
throuahout the course of the tti�o-veaz contract:
• Fiscal Yeaz 20li-2014
o Effecti��e Auwst 9. 2013, represented employees recei��ed a 2% salary
adjustment
o In the first full pay period of Januarv 2014, represented employees shall
receive a 1% salar}� adjustment
• Fiscall'eaz 2014-201� �
o No automatic salarv adjustments; ho��e��er, either part}� may request a
reopener on the issue of salary increases only. To reopen, either party must
send a written notice, by March 1, 2014; that it desires to reopen on the issue
of salarv increases
• Flex benefit amount is fixed at $12,762 for employees H�ith sinele coverage;�
coverage outside of the Cin; or coveraee ��zth another City employee. Flex benefit
amount for Employee + 1 and Employee + Family will be adjusted under the
current �0/�0 cost sharin� formula
• Professional enrichment amount, per emplo��ee, increased from �1,000 to �1,�00
per fiscal }�eaz
• Voluntan� ���ork furlough lanwage update to reflect that of Cin� s ��oluntan w�ork
furlough program
• Human Resources Director may arant or denv request for job sharing
• Career advancement euidelines for emplo}°ees hired before June 30, 20li and after
June 30. 2013
• Certification stipend of $100 paid once each fiscal year of contract for designated
emplo}�ees that possess Qualified SWPPP Developer (QSD) or Practitioner (QSP)
� certification
• Eight (8) additional hours of floating holida}� for each contract vear
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SEPTEMBER 10, 2013 Item �� �
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• Parties agree to meet beginning no later than Marcl� 31, 2014 regarding parameters
of compensation component of Quality Workforce Program
• Out-of-class assignments not to exceed 12 consecutive months
DECISION MAKER CONFLICT
Staff has re��iewed the decision contemplated by this action and has determined that it is not
site specific and consequently the 500-foot rule found in Califomia Code of Regulations
section 18704?(a)(1) is not applicable to this decision.
CURRENT YEAR FISCAL IMPACT
The fiscal yeaz 2013-14�mplementation costs related to salary changes reflected in the MOUs
with CVEA/SEIU and WCE aze estimated at $728,000 for all funds. The estimated annualized
(ongoing) costs related to these changes total $936,300 for all funds. The fiscal yeaz 2013-14 �
estimated cost to the General Fund total $553,600; the esYimated azu�ualized (ongoing) costs
total $711,600.
The fiscal }�ear 20li-14 General Fund budget included approximately $546,000 in the Non-
Departmental budget for employee compensation as part of the development of the budget. An
additional $600;000 has been 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 Yhe General Fund. The table below
outlines the transfer amounts by department.
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SEPTEA4BER 10. 2013 Item /5
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Summarv of General Fund Transfers
D- �. - = � i
Non Deparnrernal Y S (»3,629)
Cav Coimc�l � 1.249
Cm�Ckrk � 1.>80
Admmisuation � 4.024
Info Tech Sen�ces � 7.9li
Hiurrdn Resowces S 1.443
Finance � 17.167
Ai�ial Caze Fac�lin� � 2�.18�
Dev Sen7ces - Ge�reKral Fimd � 29.816
- Police S 134.964
FQe $ 8.231
Public Works � 270.913
Recrearion � 23.698
Lbran� � 27,448
Total General Fund S -
Positions impacted by these chanees aze budeeted in the General Fund and other funds,
includine the Development Ser��ices and Se��er funds. Unlike the General Fund, funds ��ere
not set aside as part of the de��elopment of the fiscal ��eaz 2013-14 budeet to address emplopee
compensation for other funds since these funds have available resen�es or revenues to offset
these costs. With a couple of eaceptions; staff is recommending appropriations from the
respective available fund balance of each fund to address the chanees to emplo��ee
compensation. The appropriations for the Federal Grants fund �vill be offset b�� increased
reimbursement revenues. The table below reflects the fiscal ��eaz 20li-14 fiscal impact to the
other funds and the appropriation amount.
Summary of Appropriations by Fund
, _ - + �.,.a� '�; �� ; �� ��
I.ocal La���Enforc Block Grant S 1,630.
Federal Grants Fund � 2.094
Emaonnxntal Sen�ices S 6.878
CV Hoasmg Aut}wrin�Fwid $ 4.602
Central Gara�e Fimd S 12.7�8
Devebpme�t Sen�ces Fimd S 67,»9
Sewer Senice Revenue � 78.929
TotalOtherFunds S 17�,451
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SEPTEMBER 10. 2013 Item I�
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The MOU for WCE also reflects a change to flex allotments (medical benefits). The fiscal
impact of the changes to flex allotments cannot be determined at this time since the cost for
medical insurance premiums for calendaz yeaz 2014 have not been determined yet. It is
expected that freezing flex allotments for employees �n�ithout dependents will result in savings
but the actual 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. Staff is also not recommending budget changes to address out-of-class pay for
Police Dispatchers (CVEA), graveyard shift differential for Police Service Officers and Police
Dispatchers (CVEA), and certification stipend for Qualified SWPPP Developer or Practitioner
certification (WCE). It is projected that the impacted departments have sufficient salazy
savings in the current year to absorb the increased costs.
ONGOING FISCAL IMPACT
As noted above, the annualized implementation costs related to the MOUs with CVEA and
WCE are estimated at $936,300 for all funds based on year 1 compensation changes. Costs
related to the implementation of the second year of the contract will depend on future
negotiations.
The table below reflects the estimated annualized costs by department/fund based on the yeaz 1
compensation changes. These costs will be incorporated into the fiscal year ?014-1� baseline
budget and will be brought to Council for approval as part of the normal budget adoption
process.
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SEPTEMBER 10; 2013 Item /5
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Summarv of Annualized Costs b�°Department/Fund
� , _
p:�'; - - . - i r�-� � .
CI[Y COl1RCl� � 1.6��
CQ�'C�i� � � � �.��� �
Admmistraaon $ �.1�8
Information Technoloev Sen�ces � 10.143
Him�an Reso�ces $ 1.849
Finance � 22.00�
AnmBl Care Faci7m� � 32.282
Development Sen2ces - General Fimd � 38.219
Pofice $ 173.004
FQe $ 10.»1 _ :
Public Works � 349.192
Recrearion � 30376
Librarv � 3�.184
Total General Fund S 711,590
,I � - . r � '�. 1
Local La���Enfurcement Block Grant ^ � 2.089
Federal Grarns Fund $ 2.68�
Em�onn�ntal Senices � 8.816
CV Housme Authoritv Fimd � �.899
� Central Cmraee Fimd � 16.3�3
Devebpment Senices Fwid � 87,377
Se���er Ser�ice Revenue $ 101.�30
TotalOtherFunds S 22�,739
_Total All Fdnds . - �� -_ . .. . � . `" . 936;328
Note: Cost information reflects fiscal 1�eaz 20li-14 PERS rates based on the information
provided bti� Ca1PERS in the October 2012 annual ��aluation report for miscellaneous and safety
plans. Actual costs ���ill increase as PERS contributions continue to increase.
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SEPTEMBER 10; 2013� Item /5
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Updated Five Year Financial Forecast—General Fund
The Five Year Financial Forecast has been updated to reflect the aereements with CVEA and
WCE. As previously reported, the General Fund continues to reflect a deficit during 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 bargaining groups are
finalized. The forecast indicates that the City should proceed with caution in assuming new
expenditures as the City's economic condition remains economically fragile, however, better
than anticipated economic growth or unanticipated revenues may be sufficient to offset the
projected deficit.
Five Year Finandal Forecast-Fisral Years 7A14to 2018 Updated:August 22,2013
Des�P,t�B�•+��;�}t r ���£�.1w Y�''a;,"+�s F�e FY m 4�et ...F�si_-2015���'�.dz�q,��.FFY 7A16'�.�. FY 2017 L ��.'V 2 8.;"��
�S
TotalRevenues 175,453,044 127,559,217 130,895,174 134,470,008 138,389,973
Total Expenditures � 127,751,132 130,763,264 133,809,471 136,940,351 140,276,593
Surplus/Deticif-'`.: .. . ' .$'.-(2;298,0881`-5`�"�13,204,D47��, 5 (2;914;297) Sf12;470;342)..SttR,086,621)i
Contingency Reserve 5 2,298,088 S - 5 - 5 - 5 - �
- Contract updates MM/PROF,NEA,WCE,& - ,
. Unrepresented - 5 (1,002,537) $ (1,276,590) 5 (1,276,590) 5 (1,276,590) 5 (1,276,590)
CitySet-ASide 5 1,125,000 $ 525,000 5 525,000 5 525,000 5 525,000
;�Su�plus/Deficitw/.ContingencyReserJe.&MOU's . 5. ��,�.'��122,463 $� �13;955;637), �S .I3;665;SS7)�•$'i�3,221j932) �5 ;�2;838;213)'
�I, 1.TheCityiscurrentlynegotiatingwithlAFFChesemstsarenotyetrefiectedontHetableabove. � i
li 2.Newcosts relatedto the implementation of Matrix Smdyand Fire Faciiity Plan are not reflected inthe forewst.
I 3.ThecontinuedprojecteddeficRreflectstheuseofone-timesmoniesusedtobalancefiscalyear2014andanticipatedrate �
�� increasesinCaIPERSratesbeginninginfiscalyear2016. . �
� 4.TheforecastwillbeupdatedoncenegotiationswithlAFfarefinalized, fiscalyear2012-.13isdosed, and/orupdatedrevenue i
projeaionsarereceived. -- — � — —I
ATTACHMENTS
1) Memorandum of Understanding between City of Chula Vista and Chula Vista
Employees Association/SEIU
2) Memorandum of Understanding betti�een the City of Chula Vista and the Western
Council of Eneineers
Prepared 6y: Irene Mosley, Assistmv Drrecror of Human Resources and Lisa Torres, Sr. HR Analyst, Human �
Resources �
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RESOLUTIO\N0.
RESOLUTION OF THE CITI' COUI�'CIL OF THE CITY OF
CHULA VISTA aPPROVIi�'G A4En40RA�TDUI�4S OF
Ui�'DERSTANDING BETVdEEI�' THE CITY OF CHtiL.A V"ISTA
AND CHULA VISTA EMPLOYEES ASSOCIATION SEN
LOCAL 221 (CVE:�/SEIU) AI�TD ��%ESTERl�T COUI�'CIL OF
ENGI�TEERS (�T�'CE) BARGAIi�'II�'G tINITS RELATED TO
COMPE\'SATION Ai\TD OTHER CONDITONS OF
EMPLOYMENT :�ND APPROPRIA7Ii�TG FiJ?�TDS
ACCORDIi�'GLl'
R�HEREAS. the Citv of Chula Vista has met and conferred. in eood faith. �rith the Chula
Vista Emplovees Association SEIli LOCAL 221 (��CVEA/SEIU-`) and_the \�%estem Council of
Eneineers ("\�'CE") in accordance uith the provisions of the \�e��ers-�4ilias Bro��m Act
(`D4\�IB.A") as set forth in Califomia Government Code sections 3�00 et seq; and
��'HEREAS; the Cin� and CV'EA/SEN and \��CE have reached aereements on
compensation and other terms and conditions of employment and; consistent �aith the MA4BA;
have set forth those terms in Memorandums of Understandine (MOUs), which have bee❑
desi�nated as E�:hibit A and Exhibit B for identification in this resolution; and
l\THEREAS. the aforementioned MOUs were ratified bv a vote of the CVEA/SEIU
membership on August 1; 2013 and R'CE membership on August 19, 2013.
\'O�'�' THEREFORE, BE IT RESOLVED that the Ciry Councii of the Citv of Chula
Vista does herebv: (1) approve the n40lis in substantial form bet���een the Cin� of Chula \�ista
and CVEA/SEIU and �'�'CE. (2) authorize the Cin� Manager or his desienee(s) to execute the
A40Us; and (3) authorize the Cin� ?�4anaeer or his designee to make such minor modifications to
the MOlis as may be appro��ed or recommended by the Cit}� Attorne��'s office.
BE IT FURTHER RESOLVED that the Citv Council of the Cin� of Chula Vista does
hereby authorize the transfer of funds from the Non Departmental Personnel Sen�ices category to
the Personnel Sen�ices category of various departments as reflected in the table beloH�:
J:�AaomevlFl\AL RESOS AND ORDINA\CES�2013\09 10 13V-IR-CVEA\�'CE Reso 9-10-li SS 9-3-13.docx
915/20li 9:li AM :
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Resolution Na �
Page 2
o• .. _ , . � � s
NonDepar[mental $ (5�3,-629)
Citv Coimcil � 1.249
Cfi� Clerk $ 1,580
Admmisa�ation $ 4,024
lnfo Tech Sen�ces $ 7,913
HLni�iiReso�aces � $ 1,443
Finance $ 17,167 �
AnunalCareFaciliry $ 25,185
Dev Services - General Fwid $ 29,816
Police $ 134,964
� Fire $ 8,231 �
Public ��'orks $ 270,913 - -
Recreation $ 23,698
Lbran� � 27.448
Total General Fund $ - �
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby authorize an appropriation to the respective Personnel Services category of the funds
listed on the following table from their respective fund balance. The appropriation to the Federa]
Grants Fund will be offset by increased revenues.
, �.. o � i . . .
Local Law Enforc Block Grant $ 1,630
Federal Grants Ftmd $ 2,094
Environmental Sen�ices $ 6.878
Central Crarage Fund $ 12;758
Development Services Fw�d $ 67,559
Se���er Senice Revenue $ 78.929
TotalOtherFunds S 169,849
Presented 6y Approved as to form by
�/In.�� �
Kelley K. Bacon Glen R. Googins
Deputy City Manager/ City Attorney
Director of Human Resources
J:�Attorne���F'INAL RESOS AT'D ORDINANCES�2013\09 l0 13WR-CVEA WC�Reso 9-10-13 SS 9-3-13.docx
9/5/2013 9:15 A1�4
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RESOLUTION N0.
RESOLliTIO\T OF THE CHliLA VISTA HOUSI�'G
AUTHORITY .APPROPRIATI\TG FUI�'DS FOR COST
I\'CREASES RELATED TO THE ATEn40Rr�\'DUA1 OF
UT�DERST.�\TDI?�G BETR��EN THE CITY OF CHULA VISTA
AND THE CHtiLA VISTA E��IPLOYEES .ASSOCIATIO\'
SEN-LOCAL 221 (C\'ErUSEIU)
\�'HEREAS. the Cirv of Chula Vista has met and conferred. in eood faith. ���ith the Chula
Vista Employees Association Service Employee's Intemational Union Local 221
("CVEA/SEN") in accordance with the pro��isions of the Meyers-Milias Brown Act ("MMBA")
as set forth in California Govemment Code sections 3�00 et seq; and
��THEREAS, the Citv and CVEA/SEN ha��e reached a2reements on compensation and
other terms and conditions of emplo��ment and; consistent with the �4A4BA; ha��e set forth those
terms in A4emorandums of Understandine ("D40Us") and the instant appropriation ���ill fund; in
part, said agreements; and
\'�'I-IEREAS. the aforementioned MOU �+°as ratified b�� a vote of the CVEA/SEIU
membership on Aueust 1: 2013.
NOR' THEREFORE. BE IT RESOLVED that the Chula Vista Housine Authoritv does
hereb�� authorize the appropriation of 54,602 to the Personnel Sen�ices cateeorv of the C\'
Housin� fund from the available fund balance of said fund.
Presented b�� Appro��ed as to form b��
���c.'-r /l�--/
I:elle�� K. Bacon Glen R. GooQins
Deputy City Vtanager/ City Attome��
Director of Human Resources
� J:Wttomev�FINAL RESOS AND ORD[�'ANCE5�20t3\09 10 liU-IR-CVEA Reso CVHA SS 9-4-13.doc�
9/5/2013 9:11 AM �
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THE ATTACHED AGREEMENT HAS BEEN REVIEVdED
AND APPROVED AS TO FORM BY THE CITY
ATTORI�TEY'S OFFICE AI�TD WILL BE
FORMAL,LY SIGNED UPON APPROVAL BY
THE CITY COLINCIL
�i�,-, //�
Glen R. Googins �
� City Attorney
Dated: �/.7��3
, ,
MEMORANDUM OF iJNDERSTANDING
BETWEEN
THE CITY OF CI-IULA VISTA AND
SEIU LOCAL 221
CIIiJLA VISTA EMPLOYEES ASSOCIATION
JULY 1, 2013-.1i7NE 30, 2015
15-12
�1�l�
� �
�
�,n �
CHULA �/lSfA _
1•tEMOR�\'DU�I OF LTNDERST�\�DL�'G
BET«'EE\ CITY OF CHLZA VISTA
Ai�'D -
SEIU LOCaL 221 \ CHCTLA VZSTA
ED�PLOYEES ASSOCIATION
JLZY 1, 2013 -Ji11`E 30, 2015
15-13
MEMORAI�iDliA�OF UI�TDERSTANDING CONCERNING WAGES AND OTHERTERMS AI�'D
CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND THE SEN
LOCAL 221 \ CHULA VISTA EMPLOYEES ASSOCIATION FOR FISCAL YEARS NLY 1,
20li -JUI�TE 30, 201�.
TABLE OF CONTENTS
SECTION I ADMINISTRATION............................................................................. 3 .
ARTICLE 1.01 PREAMBLE........................................................................................... 3
ARTICLE 1.02 RECOGNITION....................................................................................3
ARTICLE 1.03 CITY RIGHTS.......................................................................................3
ARTICLE 1.04 CVEA RIGHTS...................................................................................... 4
ARTICLE 1.05 LABOR-MANAGEMENT COOPERATION.....:..:............................ 5
ARTICLE 1.06 TERM AND EFFECT OF THIS MEMORANDUM OF................... 6
ARTICLE 1.07 MOU REVISIONS................................................................................. 6
ARTICLE 1.09 RETENTION OF BENEFITS...:..............................:........................... 6
ARTICLE 1.10 SAVINGS CLAUSE............................................................................... 7
SECTIOn' II COMPENSATION ..........................................................................:..... 8
SUBSECTIONA. WAGES.........:......................................................................................... 8
ARTICLE 2.01 WAGES................................................................................................... 8
ARTICLE 2.02 OVERTIME.......................:................................................................... 9
ARTICLE 2.03 COMPENSATORY OVERTIME........................................................ 9
ARTICLE 2.04 CALLBACK PAY................................................................................ 10
ARTICLE 2A5 5AFETY MANDATED REST PERIODS.......................:................. 10
ARTICLE 2.06 STANDBY PAY........................................................:.........................: 12
ARTICLE 2.07 OtiT-OF-CLASS ASSIGNMENT...................................................... 12
ARTICLE 2.08 SPECIAL PROJECT PAY................................................................. 13
ARTICLE 2.09 FIELD TRAINIlVG OFFICER PAY.................................................. 13
ARTICLE 2.10 BILINGUAL PAY ............................................................................... 1�
ARTICLE 2.11 SHIFT DIFFERENTIALS.................................................................. 1�
ARTICLE 2.12 MILEAGE REIMBURSEMENT............:.......................................... 15
ARTICLE 2.13 SAFETY EQUIPMENT...................................................................... 15
ARTICLE 2.14 PROTECTIVE CLOTHING.............................................................. 15
ARTICLE 2.15 TOOL ALLOWANCE................................................................:....... 16
ARTICLE 2.16 L1'IFORIVI5.......................................................................................... 16
ARTICLE 2.17 PROFESSIONAL ENRICHMENT ................................................... 16
ARTICLE 2.18 CERTIFICATION PAY......................................................:............... 17
SECTION II COMPENSATION .............................................................................. 18
StiBSECTION B BENEFITS............................................................................................ 18
ARTICLE 219 EiVIPLOYEE BENEFITS.................................................................... 18
ARTICLE 2Z0 GROtiP TERb1 LIFE INSURANCE.................................................21
CVEA MOU 07/01/13-06/30/15
Paee 1
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ARTICLE 2.21 RETIRE�IE\T.................................................................................... 21
aRTICLE 2?2 DEFERRED COMPE\S�TION ....................................................... 22
SECTIO\ III HOtiRS ................................................................................................. 24
ARTICLE 3A1 �VORK PERIOD.......................................................................:.......... 24
ARTICLE 3.02 VACATIO\�.......................................................................................... 24
�,RTICLE 3.03 SICK LE�V�.......................................................................................25
�RTICLE 3.0� BEREAV�E�ZE\T LEAVE .................................................................28
ARTICLE 3A5 HOLIDAI'S.......................................................................................... 28
ARTICLE 3.06 JL12Y DliTI'.........................................................................................30
?.RTICLE 3.07 COURT LEAVE.................................................................................. 31
aRTICLE 3.08 SHIFT EXCH.�\GE ...........................................................................32
aRTICLE 3.09 JOB SHARI\G....................................................................................32
aRTICLE 3.10 V'OLtiNTARY �i'ORK FURLOUGH................................................32
�.RTICLE 3.11 LEAVES OF ,�BSENCE.....:.............................................:.................33
SECTIO\ IV R'ORKii\'G CONDITIONS................................................................34
:�RTICLE 4A1 PROFIIBITED PRACTICES..............................................................3�
ARTICLE 4.02 C.�IREER ADVr�u\'CEVLE\'T..............................................................3�3
�RTICLE 4.03 CLASSIFICATION STL-DIES..............................:............................35
aRTICLE 4.0� DRI�'ING ELIGIBILITY................................................................... 36
ARTICLE 4.0� FITNESS FOR DUTY......................................................................... 36
�RTICLE 4.06 SL�BST.�\CE ABUSE POLICI'......................................................... 37
ARTICLE 4.07 ��IODIFIED DliTY..............................................................................37
�RTICLE 4.08 DIRECT DEPOSIT .............................................................................37
ARTICLE �.09 . GRIEV�u\CE PROCEDtiRE............:................................................37
�PPENDIX A......................................................................:................................................. ��
aPPE\�IX B............:........................................................................................................... 50
APPE\DIX C........................................................................................................................ 51
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SECTION I ADMINISTRATION
ARTICLE 1.01 PRE.AMBLE
This Memorandum of Understanding (I�40U) is entered into by the City of Chula Vista(City) and
the Service Employee's International Union Local 221 \ the Chula Vista Employees Association
(SEIiJ�CVEA) as a result of ineetino and conferring in eood faith concernin�the wages, hours and
other terms and conditions of emplo�ment,pursuant to the Employer-Employee Relations Policy of
the Ciry of Chula Vista and the Califomia Government Code Section 3500 et. seq., kno«m as the
Meyers-Milias-BroNm Act.
ARTICLE 1.02 RECOGNITION
The City recognizes SEIiJ�CVEA as the exclusive representative for employees in Classi5cations
listed in Appendix A.
ARTICLE 1.03 CITY RIGHTS
The SEIU�CVEA ao ees that the Ciry has the right to unilaterally make decisions on all subjects that
are outside the scope of bazgaining.
The exclusive rights of tbe City shall include, but not be limited to:
A. Establish, plan for, and direct the work force toward the organizational goals of
the City govemment.
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 tq deternuning
the procedures and standards for the hiring, promotion, transfer, assi�unent,
layof£ retention, and classification of positions in accordance with the City
Charter; Civil Service Rules, and established personnel practices.
E. Discipline or dischaz�e employees for proper cause.
F. Deteimine the methods;means, numbers, and kinds of personnel, and thejob or
position content required to accomplish the objectives and goals of the City.
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G. Subcontract out �-arious senrices currenth performed b�• Cin �vork force �i-hen
such actions �;zll result in cost savinss to the Cin�.
H. Effect a reduction in authorized positions.
I. Take actions necessarv to carrv out the mission of the Cita in emer�encies and in
other situations of unusual or temporarv circumstances.
J. Continue to exercise efficient and productive manaeement practices consistent
with federal and state la�vs and in compliance with the Cin� Charter and Citp
ordinances.
Terms and conditions set fonh in this�40li represent the full and complete understandins berneen
the par[ies. During the term of this\70U, the SEIU�CVEA eapressl�-waives the right to meet and
confer with respect to an� subject co�-ered in this MOli; unless modified through the voluntar�,
mutual consent of 2he parties in a wTitten amendmznt. This A40li terminates and supersedes those
partial practices; a�reements, procedures, traditions, and rules or regulations inconsistent with an�
matters covered in the MOU. The parties a�ree that durine the neQotiations that culminated in this
MOli;each pam�enjo�ed the oppommim to make demands and proposals or counter-proposals with
respect to anv matter, e�en though some matters ��ere proposed and later withdra��n, and that the
understandines and agreements arrieed at after the exercise of that riaht and oppommirv aze executed
in this A40U.�
The Cit��'s exercise of its manasement riahts is not subject to challenee through the �ievance
procedure or in anv other fonun, except where othernise in conflict �vith a specific term of this
MOli.
ARTICLE 1.0� CVEaRIGHTS
I. Authorized representatives�stewazds of the SEIUICVEA shall be allowed reasonable access
to unit emplo�ees during workine hours for the_purpose of consultinQ reQazdine thz
empioyer-employee relationship;pro��ided that the urork operation and sen ice to the public
are not impaired and the authorized representatives shall have eiven advance notice to. and
been aranted authorization bv, the Appointing Authorin or his or her desi�ee when
contactine unit emplovees during the dun� period of the employees. The Appointing
Authorin�or his or her designee shall determine thz appropriate tu-ne for such access.
A. SEIUICV"EA may desi�ate up to eight (8) representatives\stewazds (in addition to
the President and V"ice-President) who «ill be allo�red reasonable access to unit
emplo��ees.
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II. The SEN\CVEA may be a anted use of Ciry facilities by the,appropriate Appointing
Authorit��for meetings composed of unit employees,provided such meetings are held outside
regularly scheduled working hours for the group��hich is meetin�,and provided space can be
made available without interfering��ith the City needs.
IIL The City ���ill provide bulletin boards in each building housing SEIiJ�CVEA represented
emplo}�ees for the exclusive use of SEIU\CVEA. The SEN\CVEA shall be responsible to
maintain 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.
IV The City shall bill SEN\CVEA $0.10 per member per pay period for the full costs incurred
for dues deduction on behalf of SEILI�CVEA.
V. SEILT�CVEA shall be provided,upon request,such literature and public documents as may be
necessary(i.e.,Cit}�budget, Civil Service Commission meetings, open Council conferences,
etc) when the requested documents are not available on the Ciry's intranet in a manner
consistent with the California Public Records Act.
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 SEIU�CVEA agree that they will continue to have open
discussions on matters of concem to the parties during the term of this MOU.
Contractin�out of City services cunently performed by SEIU�CVEA is an important issue to both
SEIiJ�CVEA and the City. As a result, the City and SEItJ�CVEA a�ree to form a commiftee
("Contracting Practices Committee ')to discuss, evaluate,and make recommendations in good faith
reQardine the City contracting out services. The Contracting Practices Committee would be formed
and meet within 30 days of signina this Memorandum of Understandin�,unless otherwise agreed by
the parties. The Contracting Practices Committee shall,-be composed of an equal number of
representatives from the City and SEIU�CVEA, with each party selecting their own respective
members. The City and SEN\CVEA may mutually agree to make the aforementioned Contracting
Practices Committee a standing committee. In the alternative, the City and SEIU�CVEA mav
mutually aeree to form a separate committee with such duties and roles as may be a�reed upon.
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ARrICLE 1.06 TER17 �'D EFFECT OF THIS �4EDZOR�\`DUJ� OF
L7'DERST-�\DL�'G
I. This�40U sha11 remain in full force and effect from July 1; 2013 throuQh June 30,201� (the
date closest to July 1 that is the end of a pay period) and it is understood and agreed that the
terms, conditions,waQes,and all provisions of this il40li shall continue in effect until a ne«
�40U is negotiated and subszquently ratified by the SEIi1lCVE� and adopted b} the Cin�
Council.
If either pam proposes to modify or terminate any of the terms or conditions set forth in this
v10U for inciusion in a subsequent MOU,they must noti£� the other pam-in«ritine not later
than Februarv 28, 201�. SEIUICVEA will endeavor to submit N�ritten proposals to the Cin
by Februarv 28; 201�. Cin aUrees that if�tiritten proposals aze received from SEIUICV-EA
bv Februarv 28,201�, Cin��-ii1 be prepazed to commence negotiations on those proposals b<<
�•fazch 1�. �01�.
II. The provisions of this MOli shall be subject to federal; state, and local la�i.
III. If at any time during the term of this �40li; throuah causes bzvond the conuol of the Cirv,
the City does not have a sufficient amount of anticipated budszted revenues or is required to
makz substantial unanticipated expenditures then; in such event;the Cin�may,«�th mutual
a�eement of the SEIU�C VEA,re-neeotiate this\40U and mzet and confer on wages;hours
and other terms and conditions of emplo}�nent. This section,howecer, in no wav affects the
- ezisting right of tbe Cin�to la�°-off emplo�ees.
ARTICLE 1.07 ��IOU REV'ISIO\S
The Cit�� and SEIUICVE� a�ee that durino the term of the �40li the� «ill continue to meet and
confer on chan�es to the formai and language of the\40U if necessan-. Ihe purpose ofthe proposed
changes is to reconcile the �40li u•ith the Ci�°il Service Rules. the Emplo}er/Emplo}�ee Relations
Polic��, and other Cirv policies and procedures, and to insure thz lan�uage of thz vtOU accuratzl�
reflects City practice.
The Cim a�rees to work��ith SEIUICV'EA to beein the re�iew process and discuss a timeline io meet
with all bazaainin� units to update the Emplo�•er/Employee Relations Policv.
ARTICLE 1.09 RETENTIO\' OF BEtiEFITS
The represented employzes covered b� this�40U shall retain all benefits pro��ided in this\40li for
the full term of this ti40li and for any such additional period of time as provided in ar[icle 1.06.
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Benefits,ri�hts, or privile�es not specifically covered by this MOU,but subject to the IvIMBA, can
only be changed after completion of applicable meet and confer requirements, unless otherwise
agreed upon by the Cin� and CVEA\SEN.
ARTICLE 110 SAVINGS CLAUSE
If any article or section of this MOU is held to be invalid by operation of law or by any court of
competent jurisdiction, or if compliance with, or enforcement of, any article.or section is restrained
by such court, the remainder of this MOU shall not be affected by such action. The parties shall
meet and confer or meet and consult as the case may be for the purpose of arriving at a mutually
satisfactory replacement for any article or section invalidated by operation of law.
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SECTIO\ II COAiPE\S�TIO\
SLBSECTIO\ �. «'?,GES
ARTICLE 2.01. R'�GES
I. Salan adjusunents shall be made as follo�vs: �
,A. For Fiscal-Yeaz ("F1'�') 20li-14:
1. Stanins the first full pa}�-period afrer agreement bv the panies and approva] by
City Council of a successor MOU to the current h40U (set to expire June 30; 2013)
ben�een the Cin� and CVEa/SEN; ail CVE.A/SEN represented emplo��ees shall
recei�e a 2% salarv adjustment. �
2. Afrer aareement b��the parties and approval b��Cih�Council of a successor MOli
to the current MOU(set to expire June 30;2013)benveen the Cin�and CVEA/SEN;
in the first full pay period of Januarv 2014; all CVErUSEN represented emploti�ees
shall receive 1% salarv adjustments.
3. The aforementioned salar�� increases aze not retroactive.
B. For Fiscal-Yeaz 2014-20li:
1. Either pam�may request a reopener on the issue of salan- increases onlv. To
reopen, either pam• must send a written notice by.Mazch 1; 2014 that it desires to
reopen on the issue of salarv increases.
C. The parties a�ee to discuss the Citv's Quality R'orkforce Proeram.(QR'P) under the
terms of the related side letter��th the goal of completin�the discussions b���4azch 31,2014.
II. vierit (Step) Increases «ill be made accordina to the formula set forth in the Civil Service
rules currently in effect. � �
The classifications shall be subject to a five (�) step salary ranoe. 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 Authoritv and the Director of Human Resources and approval by the City
Manaeer.
III. Effective Dates - All other pa«oll and wage changes; such as reeulaz merit increases; shall
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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.
IV. Rate of Pay Followin�Promotion- When a represented employee is promoted,the new rate
of pay will be the lowest step in the new salary range which will resuit in the employee
receivin� at least 5% more tban the actual base rate in the old classification.
ARTICLE 2.02 OVERTIME
I. Definition - Whenever an employee is ordered to wark more than 40 hours in a work week
he or she shall be eranted overtime pay at the rate of 1 Y2 times his or her Fair Labor
Standards Act (FLSA) "Regulaz Rate", compensatory time off at 1 '/2 times the extra hours
worked, or upon emplo��ee request and with the approval of his or her supervisor and
AppointinL Authority,the employee may take off the number of overtime hours worked on a
straieht-time basis within the same wark week. Overtime work shall be permitted only at the
direction and advance approval of the employee's immediate supervisor. Payment for
overtime shall be made during the pay period in which the overtime was earned.
°Time�TJorked" -Includes all paid hours including sick leave,leaves during which Workers'
Compensation is paid, vacation time, holidays or any other time away from the job that is
paid.
II. Admuustration of Overtime - All time warked in addition to the work week with the
exception of insignificant amounts of"hours worked" will be counted towazd the 40 hour
work week. Insia ificant amounts of hours worked is defined as any time warked outside the
reQular schedule that is less than 15 minutes in a day, unless the definition is chanaed in the
Federal Regulations or by court action.
III. Meal Break- When employees are required to work over four hours overtime,they shall be
granted a 1/2 hour unpaid meal break.
IV. When employees are assigned to work scheduled overtime, that is not directly tied to their
beginning or ending work hours,there will be a minimum of two(2)hours paid overtime, at
1 '/� times their regular rate of base pay.
ARTICLE 2.03 COMPENSATORY OVERTIME
A record of compensatory overtime eamed and used shall be maintained on the biweekly pay
records. Compensatory overtime shall not be accrued to an employee's credit for any time in excess
of 80 hours.
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The decision to reimburse for ovenime hours�ti�orked�jith compensatorv time off in lieu of pay�vill
be at ihe discrztion of the emplo�°ee for the first 40 hours per each fiscal�eaz,but afrzr�0 hows each
fiscal vear it shall be at the discretion of.the supervisor and Appointina .Authorin� based on the
emplo}'ee's request �tihile recoQnizina the overall department.staffinQ requirements.
ARTICLE 2.04 C�I:LBACK PAI'
An empio}�ee called at home durinQ non-morking hours«�ho performs�irork on behalf of the Cirv��ill
recei��e a S2� stipend. Lf the employee cannot complete the task from home and is requued to retum
to work Callback provisions of the MOU apply. The S2� stipend ��rill be paid in addition to any
compensation eamed pursuant to the Callback pro��isions.
SEIU�CV'EA and the Cin �i�ill meet and confer to create widelines for unplementation ofthis stipend
article. lintil euidelines aze agreed upon and unplemented, requests for stipend payment w�ill be
considered on a case-b�-case basis.
��'hene�•er emplo�ees aze called back to���ork after the��have left theu�vork site and aze required to
rerum to ��ork before the scheduled start of the next•shift. thev will receive S60 in addition to a
muumum of two (2)hours of overtime pay.
An}�combination of hours�i orked on the callback and hours of leave requested that ezceed eight(8)
will be paid at the overtime rate. The callback bonus and nvo(2)hour overtime minimum���ill onl}�
apply w�hen the emplo�ee has not been notified of the date and time of the callback prior to leaving
the wrork site. Anv temporarv chanaes to an employee's regulaz work schedule shall not be used to
avoid callback.
P,RTICLE 2A5 S-IFETY Mr1ND.4TED REST PERIODS
Section 2.05.01 PSO Rest and Recoverv
It is the purpose and intent to provide guidelines to emplovees and their supervisors to ensure
Police Sen ice Officers receive an adequate rest period between work sYufrs in order to perform
theu�vork duties in a safe and efficient manner. This intent is a "�+ork in pro�ess° and mav be
modified at any time upon mutual consent of the Cirv and the Union.
It is the intent of the Cin and the linion to allo�a� for a minimum of seven (7) total hours for rest
and recover� during an� given 24-hour period.
After a PSO has «orked sixteen (16) paid hours in anv given 2�-hour period; the emplo�ee has
the option to take a m;n;mum of seven (7) consecutive hours off for rest and recoven prior to
retumiue for work or call back. If an��ponion of the required rest period extznds into the
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employee s normal work shift; then the City will pay, hour-for-hour up to a maximum of four (4)
hours, that portion of the rest period extendin� into the employee's normal work shift.
Section 2A�.02 Forensic Specialists Rest and Reco��ery
It is the purpose and inten2 to pro�ide euidelines to employees and theu.supervisors to ensure
that Forensic Specialists receive an adequate rest period between work shifts in order to perform
their work duties in a safe and efficient manner. This intent is a °work in progress' and may be
modified at any time upon mutual consent of the City and SEIU\CVEA.
It is the intent of the City and SEIU�CVEA to allow for a minimum of seven (7) total hours for
rest and recovery during any given 24-hour period.
If a Forensic Specialist has worked their normal shifr (8 or 9) paid hours_in any given 24-hour
period and is called back to work before the start of their norma] shift and no break is given, the
Forensic Specialist has the option to take a minimum of seven (7) consecutive hours off for rest.
The City will pay, hour-for-hour up to a maximum of four (4) hours; for rest period durin�the
employees normal work shift.
If, as a result, the employee would work less than a full shift upon retwning to complete their
normal work shift; the employee shall have the ri�ht to submit a leave request for the remainder
of the work shifr and will not be required to retum to work for that shift.
For all other conditions, such as multiple callbacks or when an employee has worked more than
twenty-four(24) hours durin�the forty-eight (48) hours during the weekend; tl�e abo�re
provisions shall also apply.
Section 2.05.03 General Rest and Recovery �
It is the purpose and intent of this rule to provide guidelines to employees and their supervisors to
assure that employees who aze involved and work in and around constniction sites, traffic, and/or
heavy equipment and machinery receive an adequate rest period between work shifts in order to
perform their work duties in a safe and efficient manner. Tliis rule may be modified at any time
upon mutual consent of the City and SEICI�CVEA.
After an employee has worked sixteen (16) paid hours in any given 24-hour period, the employee
shall be requued to take a minimum seven (7) consecutive hours off for rest and recovery prior to
retumine for work oi call back. If any portion of the required rest period extends into the
emplo}�ee's normal work shift, then the City will pay, hour-for-hour up to a maximum of four (4)
hours, that portion of the rest period extending into the employee's normal work shift. If as a
result; the employee would work less than a full shift upon returnin� to complete their normal
work shift; the employee shall have the rieht to submit a leave request for the remainder of the
work shift and will not be required to retum to work for that shift.
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For all othet conditions, such as multiple callbacks, the employee shall be requued to have a
minunum of sevzn (7) total hours for rest and recovery during any aiven 24-hour period. If any
portion of the required rest and recoven�period extends into the emplo�ee`s normal H�ork shifr,
then the above provisions shall also appl}�.
Section 2A�.04 Police Dispatcher Rest and Recovery
It is the purpose and intent to provide widelines to emplo��ees and their supen�isors to ensure
Police Dispatchers receive an adequate rest period benveen«�ork shifrs in order to perform their
��rork duties in a safe and efficient manner. This intent is a"work in pro�ress ' and may be
modified at any time upon mutual consent of the City and SENICVEA.
It is the intent of the Citv and SEIU�CVEA to allo��for a minimum of se�.en (7) consecutive
hours for rest and recovzn° durins an�� 24-hour period.
After a Police Dispatcher has worked sixteen (16) paid hours in anv Qiven 24-hour period, the
Appointing Auihorin mav require the employee to take a muumum of seven (7) consecutive
hours off for rest and recovery prior to retumin2 for work or call back. If an��portion of the
requued rest period estends into the emplo}�ee s normal �vork shifr, then the City„ill pa<<, hour-
for-hour, up to a matimum of four(4) hours; that ponion of the rest period extending into the
emplo�ee's normal �ti-ork shift.
9RTICLE 2.06 ST�\`DBY PAI'
I. Definition - Standbv duty is defined as that period of time assi�ed b�- the Appointing
authority in addition to the empio��ee's normal���ork���eek during�hich time the emplo�°ee
must be available by Cin'provided cell phone or pager. Hours spent on standb����ill not be
considered hours worked. Emplo�°ees assi�ned to standby duri aze subject to the provisions
of Section 2.02 overtime.
II. Standby pay - Emplo��ees on standby shall be compensated at the rate of S200 in additional
pay for each full«ork�i�eek during which thev are assi�ned to standb} duh�. Such emplo�ees
aze bound by the City's Substance Abuse Polic�� �vhile on standby dun�.
ARTICLE 2.07 OUT-OF-CLASS A5SIGN:1�\'T
I.
An employee will eam out-of-class (OCA) pay, a minimum of 7S% above the
employee's current salarv rate up to a maximum of 1�%; when desi�ated; by a
supen�isor, as workine out of class and has worked a full day's shift (be it 8, 9, or 10
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hours; consecutively, depending on their works schedule) or more in that OCA
desianation. Upon working the full day's shift in the OCA designation, the employee
shall be compensated OCA pay beginning the first hour they began��ork.
�
For employees in the police dispatcher classification only,they will earn OCA pay when
they have been designated, by a supervisor, as working out-of-class and they have
worked 8 hours or more in that desie ated OCA position during a given 14-day,
biweekly; pay period.
II. If the out-of class assignment lasts in excess of 6 consecutive months,the employee will
receive an additional �%compensation. Increases greater than S%must be approved by
the Director of Human Resources. Requests for out-of-class compensation shall be
submitted b�� the Appointing Authority on a "Payroll Chan�e Order Request` form as
percentage amounts only. __
III. The duration of out-of-class assignments shall not exceed twelve months.
ARTICLE 2.08 SPECIAL PROJECT PAY
SEIi1�CVEA represented employees may be eligible to receive a maximum of 1�%above their base
pay when assigned by the Appointing Authority or desi�nee and approved by the City Manager and
the Director of Human Resources to a "Special ProjecY'.
ARTICLE 2.09 FIELD TRAINING OFFICER PAY
A. SEIU�CVEA public safety employees «�ho are designated by the Appointing Authoriry as
Field Training Officers (FTOs) will be paid an additional $2.40 per hour when they are
actually en�aQed as FTOs.
B. SEIU�CVEA employees ���ho aze designated by the Appointin� Authority as a Formal
Trainer will be paid a twenty (�20) dollaz stipend for each 8 hour day that they aze
actually en�aoed in formal trainin� activities. Formal training is training designated by
the Appointing Authority in advance and has been determined that it is more cost '
effective to have the training provided intemally. Employees must be recoa ized by the
Appointin� Authority as havin� the requisite qualifications for required certifications
and/or licenses to provide trainin�to employees.
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ARTICLE 2.10 BILL\"GtiAI. P�Y
Those empio�ees«ho, upon the recommendation of the Appointina Authorirv and approval of the
Director of Human Resources; aze regulazlv required to use their bilinwal skills in the performance
of their dutizs �i�ll rzcei�e �100 per month in addition to theu rewlar pa}�. lipon appropriate
appro��al; emploti•ees requestinQ bi]inQual pay must successfullv complete a Bilinwal Performance
Examination. Employees who��ish to continue recei�-iue bilinwal pav must successfullv complete a
Bilingual Performance Exanvuation once every three (3) }ears.
ARTICLE 2.11 SHIFT DIFFERENTL4LS
I. In addition to their regulaz salary; SEIU�CVEA represented employees shall receive exffa
compensation of�80 per bi�veekl��pav period(one time per pav period)under the wnditions
listed belo�v. Under no circumstances shall an employee receive compensation for more than
one of these conditions durins an�� one pa� period:
A. ��1�en scheduled to�vork a majorin=oftheir shifr afrer�p.m. or before 8 a.m.
for a majoritt of a w�ork«eek. (6:00 a.m. — 4:00 p.m. in Public R%orks)
B. R'hen regulazly scheduled daily c�ork shifrs aze rewlazl��split by tu�o or more
consecutive hours for a majority of a�vork week.
C. �Vhen rewlazl}� scheduled shifrs result in split shifts���hich do not allo« for
two consecutive da�s off.
II. In addition to their reoular salary,PSO's and Dispatchers regulazly assi�ed to the erave��azd
shift shall recei�e shift differential pay in the amount of�100 per pav period(one time per
pay period) (`Graveyazd Differential"). PSO s and Dispatchers recei�ing Graveyazd
Differential shall not recei�e anv other form of shifr differential pa�. A PSO and/or
Dispatcher �vho is temporarily assiened to �ave ��azd shifr (including o��enime), but not
regulazly assigned, shall not receive the shifr differential pa��stated in this para�aph,but mav
be elieible for shifr differential as set forth in Section I.
Dispatchers shall be deemed to be workine�ave�ard shift if the� (1) work for four or more
da}s in a two�;eek period and(2)the maj oritv of their shi8 is„orked durin�thz tune period
between 12 am and 6 am. PSO's shall be deemed to be workins�ave}�azd ifthey(1)work
four or more davs in a ri�o�3 eek period and the majoriri of their shift during the time period
bztween 10 pm and 6 am.
III. A nisht shifr differential shall not be paid for standb}�dun.
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N. Notice of Change in Work Schedule
The Ciry will strive to give at least fourteen calendar days (14 calendaz days) notice to
employees N�hen manaaement initiates a change in an employee's work schedule except in
cases of emergencies.
ARTICLE 2.12 AZILEAGE REIMBURSEMENT
Employees shall be subject to the City's Mileage Reimbursement Program when required to use their
personal vehicle for authorized City business. The reimbursement rate will be equal to the current
maximum IRS rate.
ARTICLE 2.13 SAFETY EQUIPMENT
Safety equipment and training;including appropriate;approved,self-defense trainin2 such as"pepper
spray use"will be provided to employees as recommended by their Appointin�Authoriry;and��th
the approval of tfie Risk Manaeer.
ARTICLE 2.14 PROTECTIVE CLOTHING
A. Employees aze eligible to be reimbursed up to $1�0 per pair, as needed and when approved
by the Appointing Authority,for the purchase of safety shoes when it has been determined by
their Appointing Authoriry or the Risk Manager,that because of their duties,the weazina of
safety shoes is required and up to $200 per pair;as needed,when approved by the Appointing
Authority for the purchase of specialty log�er boots.
B. In order to promote a safe working em�ironment and protect employeesfrom eye injury;city_
employees aze required to weaz eye protection whenever a task involves the possibiliTy of
preventable eye injury. All eye protection devices must be of a type appropriate for the
anticipated hazards and according to Cal-OSHA and must meet or exceed AI�'SI Standard
Z87.1.
City employees required to weaz corrective lenses while driving as indicated on their Drivers
License or for seeing close up ��ill be provided corrective safery 2lasses throuofi a Cit��
program. Employees ��ill be allowed prescription 2lasses on a one pair per employee basis
bi-annually. If prescription safety glasses are damaged as a result of a workplace hazard,the
supervisor shall request a replacement pair. If, ahead of the normal replacement schedule,
prescription safety �lasses aze lost or damaged because of non-work related reasons,
employees will replace the prescription safery glasses at their own expense.
Employees participatin� in the safety glasses proaram will be allocated $175 which will be
used to pay for the basic frames; lens styles, lens materials, shading options;LTV and scratch
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resistant coatinQ. Emplo�°ees mav select fzatures,be�ond�hat the Cin co�ers;at their o�in
ekpense, but pzrsonal options shail not conflict�i�ith thz prirnan purpose of the alasses. If
the citv vendor dozs not provide the abilit} for thz emplo�ee to choose options beyond what
the City covers, the emplo�ee �211 be able to obtain safen� glasses throush an altemative
vzndor and be reimbursed up to S 17� for the basic covered cost for basic frames,lens st}les,
lens materials; shading options, IIV and scratch resisiant coatings.
ARTICLE 2.15 TOOL �LLOR'A\CE
Employees in classifications required to purchase and/or replace approved tools used in a work
capacity aze zligible to receive 56�0 per fiscal yeaz. �4echanic Assistants who purchase and/or _
replace tools used in a Nrork capacin ��-i11 receive 52�0 per fiscal year.
r1RTICLE 2.16 L�NIFORMS
I. Ihe classifications listed in AppendLc B wiil weaz uniforms supplied and maintained by the
Ciry. Five uniform changes�711 be made available to each emplo�ee each�eek. Employees
�vill be held responsible for the loss or misplacement of said uniforms. In the event of
uniform loss; the emplo�ee «ill be required to reimburse the Cirv for the uniform's
replacement unless employee can show non-negliQence on emplo}°ee's pan.
II. The Cin�w�ll reimbwse emplo�ees in the classifications listed in Appendis C for uniforms
and �zll provide a uniform cleanine allouance of 517� per fiscal year�vhen authorized by
theu Appointing Authorin. The allo�i�ance ��211 be paid during the month of June to
employees who have spent more than �0% of their workine hours in uniform durinQ the
fiscal veaz. �
III. The City will provide uniform shorts to emplo�rees in classifications listed in Appeudia B
and n�ill reunbwse employees in classifications listed in appendix C for the purchase of
uniform shons �ihen approved by the Appointing Authorin° and the Risk �4anaeer;
:�RTICLE 2.17 PROFESSION�,L: ENRICFL�•IE\T
Emplo�ees represented bv SEIUICV'EA aze eligible to participatz in the Cih's Professional
Enrichment Proeram.
To qualifi•as a reimbursable expense; the emplo��ze must demonstrate a link to theu current job or
cazeer path. Requzsts for professional enrichment reunbursement must be approved b�� the
emplo}ee's supen isor; prior to any espenses being incurred, under the follo�ing terms:
• Relevant training needs/requesu are identified in performance goals
• Irauuns to unprove current skilis or help in career advancement
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• Employee sha1L upon request, report oudfollow-up after training
The annual Professional Enrichment Fund allofinent for SEIU�CVEA employees is $71,9�0. An
employee is eli�ible to receive up to �1;000 per fiscal yeaz for professional enrichment. Funds may
be used at any time during the fiscal year. Fiscal year reimbursements under the Cit}�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 li2; or any
other applicable state and federal law. Employees who do not exhaust the eligible annual allotment
shall be eligible to carry over eli�ibility up to $2,000 over a maximum of two(2) consecutive fiscal
years.
Emplo}�ees must receive approval from their Appointing Authoriry and the City Manager s designee
before funds ma}� be claimed for reimbursement. Reimbursements are on a first come, first serve
basis until the funds have been e�austed. - �
SEICJ�CVEA and Ciry may, by mutual agreement, use up to one-balf of these funds for agreed upori
classroom training; organization development, or team building.
ARTICLE 2.18 CERTIFICATION PAY
For employees that meet the criteria of the Certification Pay Policy and wbo have obtained, at their
own cost, certifications/licenses that provide a direct benefit to the City by enhancing their
knowled�e and skills, above those required by their job classification,the City will provide,per 14-
day,biweekly;pay period; $30 for one to three(3)job-related certificates,or$75 for four(4)or more
job-related cenificates.
�
The request for certification pay must be approved by the Appointing Authority and the Director of
Human Resources. Certification pay expires at the end of the pay period that includes the expiration
date of the certificate. Employees are responsible for resubmitting requests for certification pay once
they have renewed their certificate.
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SECTIO\II COD'IPE\S�TION
SLBSECTION B BENEFITS .
ARTICLE 2.19 EA•iPLOY'EE BE�'EFITS
Emplovees aze elieible for benefits if employed:
�. D'uectl��bv theCin�of Chula Vista and
B. workine in a half time(40-hours)or more position in an 80-hour biweel:l�-pa� period.
L Cafeteria Plan
The Cin��vill provide to each represented employee a Cafeteria Plan allotment to purchase
benefits under Section 12� of the Internal Re��enue Code. CVEA\SEN ackno���ledees that
Szction 12� of the IRC requires that the Cafeteria Plan be adopted bti�the Cirv Council prior
to the end of the calendaz}eaz. Accordinglp; the Cin�and CVEA\SEN aeree:
1) That the parties will meet at the eazliest possible time to discuss Cafeteria
plan chanees;
2) That the parties may prepaze a timeline/schedule to ensure timel,v and
expeditious discussions;
3) Ttiat the parties shall enaa�e in good faith discussions;
4) That if the discussions have reached impasse and there is sufficient tune prior
to the required IRC plan adoption date or if both parties othernise aeree;the
parties will submit the matter for non-bindino advisory mediation; with the
mediator chosen in the same manner set forch in the Grievance Procedwe;
and
�) The City Council;to ensure tunely compliance with Section 12� of the IRC.
may at an��tune in the month December unilaterally adopt the Plan Document
containing the specific provisions of the Plan (includine plan chanees)
without mutual agreement and prior to the completion of pazagraphs 1-4 of
this section.
A. Enrollment
Ne�i�lv elieible employees (new hires or those changino from an ineligible to an eligible
position)�211 be covered under the Cin�'s Cafeteria Benefits Plan effective their date ofhire
in that eligible position. All of the Cafeteria Benefits are effective from the employee`s date
of hire escept the Dental Plans which aze effective the first of the month following the
emplopee`s datz of hire in an elieible position. Employees �tiho fail to submit required
benefit election forms within 30 davs of their date ofeli�bilim will automatically.be enrolled
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in the Employee Only category of the lowest cost City sponsored health plan available��ith
the remaining balance of the Cafeteria Benefits Plan allotment bein�placed in the taxable
Cash option. Employees who fail to submit required benefit election forms during Open
Enrollment��ill be enrolled in their same health plan with all other elections being cancelled
and the balance of their flex allotment being placed in the taxable Cash option.
B. Cafeteria Plan Allotment
1. SEItJ�CVEA represented employees shall receive a Cafeteria Plan allotment of
�l 1,886; effective calendar yeaz 2013, to purchase eli�ible benefits. Eligible part-
time employees will receive an allotment in the proportion that such part-time
emplo��ment beazs to full-time employment.
2. 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/�0 basis with members.
The Cih�'s shaze of the cost increase will be added to the be�inning Cafeteria Plan
allotment at the next available plan yeaz(January 1). The Ciry agrees in the event of
a premium decrease; there will be no decrease in the Cafeteria Plan allotment.
C. Available Cafeteria Benefits
1. Health Inswance (Mandatory)
From the Cafeteria Plan allotment, each represented employee must select
coverage for him or herself under one of the City sponsored medical plans. Any
employee married to another benefited City employee who is covered under his
or her spouse's plan may waive coverage under the Cafeteria Plan. In addition
to personal coverage, an employee may elect coverage for his or her qualified
dependents under the same plan selected by the employee.
The employee,through payroll deductions,will pay any premium cost in excess
� of the Cafeteria Plan allotment.
2. Dental (Optional) �
Represented employees will be eligible to participate in any City sponsored
eroup 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 throush payroll deduciions.
3. DentaUMedical/Vision (D/M/V) and
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Dependent Caze Reimbursement Accounts (Optional)
Represented emplo�ees ma� allocate a portion of theu Cafeteria Plan
allounent to either of these reimbursement account options.
4. Vision (Optional)
Represented emplo�°ees �«]1 be elieible to participate in a Cin sponsored
Qroup vision plan. An�• difference beh��een the employee's available
Cafeteria Plan allotment and the premium for the selected plan��ll be
paid by the emplo�ze through pa��roll deductions.
5. Cash (Optioual)
Represented emplo�-ezs ma�=allocate a ponion of their Cafeteria Plan
allotment to a taxable cash pati ment. These pa}�nents wzll be paid to
employees on a pro-rata accrual t�ro tunes per benefit year.
6. Flexible Spending Accounts (FSAs)- Health Caze and Dependent Caze
Represented emploiees «ill be elieible to participate in the nvo Flexible
Spendine Account(FSA) options offered bv the Cin�. Emplovees may elect
to set aside a portion of their salan�; on a pre-taa basis;to fund eligible health
caze and dependent care expenses. If the Cirv does not meet IRS reQulations,
or if the IRS reQulations change for anv reason; this benefit mav be
discontinued. �
The Cirv reserves the riaht to contract with a Third Paztv Administrator for
the administration of FSAs. Ihe Cih�.N�ill pa}� the start-up costs associated
�i�ith third pam administration. Participating emplo<<ees �vill pay any
required fees (monthlv, per emplo�°ee, per transaction, etc.).
D. Short-Tenn/Lone-Term Disabilit��
The City aorees to contribute the amount necessary to provide shon-term
disabilirv and lono-term disabilin protection for each represented employze.
Short-Term Disabilirv-A thim (30)day elimination period�cith a masimum
benefit subject to, and in accordance w-ith, the provisions set b�� the �roup
disabilirv plan.
Lon�-Term Disabilin-A ninet�-(90)day elimination period with a maYUnum
benefit subject_to; and in accordance with; the provisions set bv the group
disabiliry plan.
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Disability Plus- If the employee has a loss of two (2) or more activities of
daily livin� (ADL); they will be eligible for an additional 20% of their
monthly eamings subject to the policy and contract provisions.
E. Retiree Healthcare
The City will no longer provide for subsidized retiree health care rates by
offering a blended healthcare rate for employees hired after January 1,
2011.
ARTICLE 2.20 GROUP TERA4 LIFE INSURANCE
The City agrees to pay the premium for $�0,000 of group term life insurance for each represented
employee.�Represented employees may apply for themselves and their eligible dependents to
purchase from$�0,000 to�300,000 of supplemental group term life insurance in S 10,000 increments
through the City's group insurance plan with employees paying the additional cost throuah payroll
deductions.
ARTICLE 2.21 RETIREMENT
The Ciry will provide to represented members retirement benefits via contract with the California
Public Employees Retirement System (Ca1PERS) as set forth in the California Govemment
Code.
The City will provide the following defined benefit formulas for local miscellaneous employees:
Tier 1 Local Miscellaneous 3% @ 60
� Tier 2* Local Miscellaneous 2% @ 60
Tier 3** Local Miscellaneous 2% @ 62
*New Ca1PERS members on or after 04/22/2011 through 12/31/2012
**New Ca1PERS members on or after O1/O1/2013
Tier 1: 3% @ 60 �
Local miscellaneous represented employees in Tier 1 shall contribute 8%, which will be applied
to the Ciry's contribution to Ca1PERS for optional benefits. The following is a siuiunary of Tier 1
Ca1PERS contract provisions:
A. One-Year Final Compensation
B. Post-Retirement Survivor Allowance
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_ C. Credit for linused Sick Leave
D. 4�n Level 19�9 Sur�ivor Benefit.
E. A4ilitan� Service Credit as Prior Service
F. Cost of Livine Allowance (2%) .
G. Post-Retirement Survivor Allowance Continuance
H. Pre-Retirement Death Benefit for Spouse
� I. Retired Death Be�nefit 5�.000 .
J. Prior Szrc°ice Credit
K. Emplo�°er Paid 114ember Contributions reported as eamings
Tier 2: 2% @ 60
Local miscellaneous represented employees in Tier 2 shall contribute 7%;=wlvch will be applied
to the employee contribution to Ca1PERS. The followine is a summazy of Tier 2 Ca1PERS
contract provisions: �
A. Three-Yeaz Final Compensation
B. Post-Retirzment Survivor Allowance
C. Credit for linused Sick Leave
D. 4�,Le��el 19�9 Survivor Benefit
E. Militarv Service Credit as Prior Semice
F. Cost of Li�ing Allowance (2%) �
G. Post-Retirement Sun-ivor Allowance Continuance
H. Pre-Retirement Death Benefit for Spouse
I. Retired Death Benefit 5�.000
J. Prior Service Credit
Tier 3: 2% @ 62
Local miscellaneous represented employees in Tier 3 shall be responsible for the full emplo�ez
contribution; which will be applied to the Ca1PERS emplo}ee contribution. There is no
Empioyer-Paid �4ember Contribution (EPtifC). Final compensation �ill be computed based on
the hiehest averaee compensation durin2 a consecutive 36-month period; subject to the
compensation limit set by Ca1PERS. Contract provisions for Tier 3 benefits �;�Il be deternuned
by CaIPERS pursuant to the Califomia Public Employees' Pension Reform Act of 20li.
9RTICLE 2.22 DEFERRED CODIPENSATIO\
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CVEA members shall be eligible to participate in any approved deferred compensation plan offered
by tbe Cih�.
I
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SECTION III HOtiRS
ARTICLE 3.01 �VORK PERIOD
L The work period is a fixed and rewlaz recurring period of�i�ork hours durine the seven
consecutive 2�-hour pzriods 6eeinnins af 12:01 a.m. on Fridav momins and endinQ at 12:00
midnieht the Following Thursdav evening.
_ A. Public Safen�Dispatchers and Public Safety Officers��ill be on call duriug theu paid
meal break. As such. thev shall remain in the desienated azea durina the meal break.
ARTICLE 3.02 VACATION
I. Definitions For the purpose ofthis article;the defmitions relatine to vacations as found in
the Civil Service rules shall apply.
II. Vacation
A. Vacation Accrual -Continuous sen�ice: Each employee paid at a bi��eekly rate�;�ho
has had continuous full-tune acti��e sen�ice shall be entitled to vacation with pay.
This benefit�211 be calculated based on 26 pay periods per fiscal yeaz. The followino
provisions shall apply:
1. Employees will accrue 80-hours durins the first t}uough fourth ��eazs of service
(cumulative to a tota] leave balance of 180-hours). This benefit will be accumulated
at the rate of 3.07 workin� hours for each full biN�eekly pay period of service
performed. �
2. Employees ��11 accrue and be eligible to receive 120-hours (cumulative to a total
leave balance of 260-hours) durina the fifth throueh ninth �-eaz of service. The
benefits ti�ll be accumulated at the rate of 4.60«�orkine hours for each full bi�i�eeklv
pay period of service performed. �
3. Employees �iill accrue and be elisible to receive 160-hours (cumularive to a total
leave balance of 340-hours)durin�the tenth through fourteenth��ears of service.This
benefit«�ll be accumulated at the rate of 6.14 workin�hours for each full biweekl��
pav pzriod of service performed. �
4. Emplo��ees will accrue and be elieible to receive 200-hours (cumulati�e to a total
leave balance of 420-hours)durins the fifteenth and succeedine}ears of serv-ice.T1us
benefit«ill be accumulated at the rate of 7.70 working hours for each full biw-eeklv
pav period of sen�ice performed.
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�. Vacation accrual rate changes will become effective at the beginning of the pay
period closest to the actual date which includes the employee anniversary date of
benefited status.
6. Vacation sell back—All members of represented classifications who have completed
at least five(�)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.
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 (1), (2), (3), or (4) and shall be in the proportion that such
part-tune employment bears to full-time employment. _
C. Employees separated from City service,whether voluntarily or involuntarily;shall be
eranted all of the unused vacation to which they are entitled based upon continuous
service computed on the basis set forth in subsection (1), (2), (3), or (4). Payment
shall be made hour-for-hour with any poRion of an hour being considered a full hour.
D. Vacation Use -Vacation leave balances shall be reduced for actual time not worked
to the neazest quarter hour. Absences may not be charged to vacation not already
accumulated.
ARTICLE 3.03 SICK LEAVE
A. Accumulated paid sick leave credit is to be used for the sole purpose of protectina 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, grandpazent, or any other
person living as a member of the employee's immediate household.
B. Sick Leave Accrual - Computation of sick leave: Sick leave���ith pay is cumulative
at the rate of 3.69 working bours 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. Permaneat part-time
employees shall receive sick leave pay in the proportion that such part-tune
employment beazs to full-time employment. A person who has held a position with
temporary or interim status and is appointed Yo a position with probationary starus,
wlthout a break in service, may have such time credited to sick leave upon the
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recommendation of the Appointing Authority and the Human Resources Duector and
��ith the approval of the Citv Manaeer.
C. M�imum Sick Leave Accumulation-linused sick leave may be accumulated in an
unlimited amount.
D. Sick Leave lise - Sick leave balances sball be reduced for actual time not worked to
the neazest quarter hour for reasons ailo�i�able under this section. Absence for illness
ma��not be chazeed to sick leave not alread�� accumulated.
In order for sick leave to be approced; the emplo�ee must call his or her immediate
supervisor or sick leave call in line�iithin one-hour of the time to beein work. If the .
immediate supen�isor is unavailable; the emplo�ee must lea�e word Nith a
desisnated individual that he or she is too sick to come to�ork or has a contaeious
condition that would mal:e his or her presence at the �iorksite danserous for other
emplo�ees. In cases��-here it is impossible to call (e.g., in hospital; unconscious: or
other leeitimate reasons)the supervisor shall«ithhold approval of sick leave until the
emplo��ee can explain�ahy he/she did not call within the one-hour. The immediate
supervisor�iill then mal:e a dztemrination as to the allo�i abiliri� of sick leave use.
E. Sick Leave Verification-The Cirv ma}�,in its discretion,requue a doctoi s certificate
and/or a personal s�-om affidavit statine that the emplo��ee is unable to perform the
essential funetions of his or herjob in order to determine elioibilin�for sick leave. If
an employee is to be requued to furnish a doctor's cenificate, the employee shall be
notified by his or her supervisor that a doctor's certificate sball be required when the
employee notifies the Ciry that he or she �vill be absent by reason of illness or
disabilin�.
Sick leave verification ma<<be requested at any time it appeazs there is a pattem or
practice of sick leave use that could be related to abuse; reQardless of�ti�hether or not
the individual has a sick leave balance on the books. Exhaustion of sick leave
balances does not automaticall�� trigger the verification requuement. `�''hen
verification is required; the employee must sho�v immediate improvement. Sick
leave �vill then be monitored for a period of six-months. If at an��time durine that
period there is any abuse of sick lea�e, the emplo�ee will be subject to disciplinary
action up to and includinQ termination.
F. Sick Leave Reimbursement
1. Emplo�-ees usine thirty-t«�o hours(32)of sick leave; or less,durine the fiscal
}-eaz; shall have the option of converting rn enty-five percent (2�%) of their
remaining yearly sick leave to pay.
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2. Pay shall be computed based on the following schedule and all
computations shall be rounded to the nearest whole hour:
REMAINING YEARI.Y SICK LEAVE PAY OPTION 25%
96 hrs z41u'S
88 hrs 22 hrs
80 hrs 20 hrs
72 hrs 18 hrs
64 hrs 16 hrs
�6 hrs or less p
3. If the pay option is selected, the paid sick leave hours shall be subtracted from
the emplovee's accumulated yeazly sick leave balancer The remainin2 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
remainine hours as payment, or 16 hours. The 16 hours aze subtracted from his
or her remainine yearly sick leave and the other 48 hours are added to the
employee's accumulated sick leave balance.)
4. Payment will be made during the month of July of each year. Pay will be
computed based on the employee's salary step on June 15.
5. Payment will be made only to employees on the payroll twelve(12)consecutive
months prior to the payoff calculation. Permanent employees who retire during
the fiscal year will be compensated under this plan based upon their formal
retuement date. Prorated paymenYs will not be made to an employee who
terminates during the fiscal year. However, in the evenf 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.
G. Donated Sick Leave
1. Employees mav choose to donate any accrued,but unused, sick leave to another City
employee who has e.xhausted his or her accrued leave due to a disability caused by
prolonged illness or injury of the employee or a member ofhis/her immediate familv,
subject to and in the manner set forth in Human Resources Policy and Procedures,
Policy 614, except as modified herein. Sick leave donations will be made in hourlv
increments. In order for employees to donate accrued unused sick leave as stated
herein,the donating employee must have a minimum 80 hours of banked unused sick
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leave for themselves. The donated sick lea�e ma� not cause the donatins employee
to fall below the min;mum hours required to be banked as stated herein and the
donatine employee may not donate more than a toial of 24 hours of unused sick leave
in anv fiscal vear.
ARTICLE 3.04 BEREAVEn�\TT LEaVE
R�1ien an employee���th permanentstarus is compelled to be absent from«ork because of the death
of an immediate familv member as defined by the IRS; or any other person living in the same
household as the emplo��ee or an immediate familv member of the employee's spouse:and after such
employee makes��Titten request and receives�ti�-itten approval from theu Appointing?.uthorin�;such
emplo}ee may be allo���ed to use their accumulated sick lea��e, vacation, compensatorv time or
floating holida��time for up to five (�) workine da�s; plus.three (3) travel days.
ARTICLE 3A� HOLIDAYS
Hazd Holida�s for emplo}�ees«�ho��°ork the traditional Monda��throueh Frida� ���ork week��ll
be celebrated on the day that City offices aze closed. For the term of this a`Qreement the
follo�tiine aze the recoanized hazd holidays:
I1`DEPE\�EtiCE D?,Y J[1LY 4`h
L ABOR DAY 15` �10NDAY I�` SEPTE��IBER
VETERa\rS' DAY NOVEI�IBER 11`h
TH.�\'KSGIVING DaY �`h TH[7RSDAY I�`\OV-EIIBER
D aY AF'TER TFL�\`KSGIVI\TG
CHRIST�'IAS DAY DECE��IBER 25`"
NER'YE:1R'S DAI' J�\liARY ls`
MART11` LUTHER Ki\�G, JR. DAY 3�" MONDAY L1`JANli�RY
CESr1R CHAVEZ DAY �1ARCA 315t
1�110RIAL DAY LAST VIONDAY 11' �Y'
L Hazd Holidav Pav
A. Full time employees shall receive eight (8)hours pa}•at theu regular hourl�-rate for
each hazd holiday. Permanent part-time employees shall receive holidav pav at their
rewlaz hourly rate in the proponion that such permanent part-tune emplo}�nent bears
to full-time employment.
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B. For all emplo��ees(except for Library employees and full-time employees who work a
4-10 work schedule or a 9/80 work schedule)if a hard holiday falls on the emplo}�ee's
first regulazl}�scheduled day off the holiday will be recognized on the previous day;
if it falls on the employee's second regularly scheduled day off, the holiday will be
recoanized on the following day. lf the eligible employee must work on the day to be
recoUnized as a hard holiday, the employee shall be paid overtime compensation in
addition to the hazd holiday pay.
Overtime compensation, in addition to Yhe holiday pay, shall be paid to eligible
emplo}�ees who must work on any hazd holiday.
C. Employees who work a flexible schedule(a 9/80 or 4/10) and.who cannot obsen�e a
normal holiday schedule:
1. If a hard holiday falls on the employee's re�ularly scheduled dav off, the
emplo}ee will receive eight (8) hours pay.
2. If a hard holiday falls on an employee's regulazly scheduled work day and the
employee takes that day off, he or she will receive eight(8)hours of holiday
pay for that day and may use the appropriate number of hours of discretionan
leave to supplement the eight-hours (8) of holiday time in order to reach 40-
hours for that work week. Or, with supervisor approval, the employee may
choose to work the appropriate number of hours during the week of the
holiday in order to reach a total of 40 hours for that work week.
3. If an employee works a hazd holiday, the employee will receive the
appropriate holiday hours pay based on their established schedule plus time
and one-half for each hour actually worked.
4. If a represented permanent part-time employee works on a day to be observed
as a hazd holiday;the employee will receive holiday pay conespondin�to the
employee's full time equivalent hours plus pay at time and one-half for each
hour worked.
�. If a hard holiday falls on the regularly scheduled day-off of a permanent pazt-
tune employee or if a hard holiday falls on a regularly scheduled N�ork day
but his or her work site is closed in observance of the holiday,the employee
shall receive holiday pay corresponding to the employee's part time
equivalent hours.
For pa��ment purposes; if a hazd holiday falls on a Saturday or Sunday; the
day of observance shall be the actual day of the holiday for employees
workinQ a non-Monday-Friday flexible work schedule OR the dav when the
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normal operations of his or her department or di��ision aze closed for those
emplo��ees �°orkine a?�4onda�-Fridav flexible work schedule.
II. Floatins Holida<<s
A. Effecti�e the first pay period in Julv of each fiscal ��eaz of this D40li: emplo�ees
shall be credited «ith eiaht (8) hours floatine holidav time each for Lincoln's
Birthda}�, �'��ashington's Binhday, and :ldmission Da��. Permanent part-time
emplo��ees paid at a bi-�veeklv rate shall be credited floatins holiday time in the
proportion that such part-time emplo«nent beazs to full-tune employTnent.
Emplo�'ees may take floatina holiday tune at their discretion, subject to staffina
needs and with the approval of their Appointing Authority.
1. CVEA represented employees shall also be allotted eieht(8)additional hours
of floatine holidav.per ��eaz for fiscal years 20li-2014 and 2014-201�. The
eiQht(8)hours may be taken in the same manner as vacation leave. The eight
(8)hours must be used in iu respective fiscal yeaz, may not be cazried over to
the next fiscal veaz, and mav not be cashed out.
B. Floatina Holiday Use - Empio��zes usina floating holidav time before the holidav
passes and subsequently leaving Citv service ��ill be chazged for such time.
Employees ��ho do not use their floatins holida�� time before June 30 of the fiscal
veaz «ill lose such time. The smailest unit of time chazeeable to floatine holiday
time is one half how. V
ARTICLE 3.06 JURY DUTY
Pemmanent and probationary emplo�°ees«°ho aze called to serve on jurv dun�for any counn', state;or
federal court �2thin the San Dieso area shall be entitled to paid leave under the follo�tiing
cucumstances: y
A. They must present to theu supervisor the court order to appeaz for jury dun�at least
three(3) N�eeks prior to their date to report.
C. The employee must submit a dailv court authorized; stamped time cazd accounting
for all hours of required service ordered bv the court.
D. If jurv service and tra�el tune from court to���ork is less than five (5)hours(6 hours
for a person on a 9180 plan, 7 hours for person on a 4/10 plan) in a �vork dav, the
empioyee is e�pected to retum to �vork unless a justification is provided and
appro�ed or pre-authorized leave is appro��ed.
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E. Employees who are required to serve jury duty on their scheduled days off w�ill not be
compensated for this tune and may keep any fees paid by the court.
F. If the emploS�ee is not required to report for jury duty on any particulaz day(s) the
employee is then expected to be at work as per his or her normal schedule.
G. It is the employees' responsibility to inform his or her supervisor on a daily basis if
they are required to report for jury duty the following day. This may include callin�
the supervisor after or before normal working hours.
H. Absence due to jury dury will be submitted on the City leave form.
I. Employees whose work week is other than Monday through Friday(8:00 a.m.to�:00
p.m.) may have their jury duty work day adjustments made,by their supervisor.
ARTICLE 3.07 COURT LEAVE
Court leave is paid leave eranted by the Ciry to enable an employee to fulfill his or her dury 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 Dieeo County.
Court leave shall be limited to:
A. Required attendance before a federal or superior court located within San Diego
Counry.
B. Time in attendance at court together with reasonable time between court and work if
attendance is for less than a full day and the employee can reasonably be expected to
return to work.
C. Court leave shall not be granted when the employee is paid an expert witness fee.
D. Court leave will only be gzanted to employees who aze not litigants in the civil case
nor related to litigants in the civil case or defendants in a criminal case.
E. Emplo}�ees shall provide their supervisor with a copy of the legal subpoena and
provide other documentary evidence of service.
F. ��`hen employees are subpoenaed in the line of duty, and are requued to report to
court while off duty;they shall be guazanteed a minimum of two(2)hours over-time
pay for each separate court appeazance, including travel tune.
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ARTICLE 3.08 SHIFT EXCfL�\GE
Public saferv dispatchers and Police Sen�ices Officers ("PSO"), subject to Appointine Authorirv
appro�°al; may s��ap shifrs ��ithin a�vork u�eek so lon� as it does not result in o��ertime,
additional compensation, or interfzres N�th operation of the department. Shift chanses will also
not be allowed; if b}•�ti°orkine the shift exchange, an emplo}�ee �;�ould not have an eisht (8)hour
safen rest period bena�een the exchan�e shift and the employee's next regularlv scheduled shifr.
"Pa�-backs' of shifr trades aze the obliQations of the employees im�olved in the trade. Anv
dispute as to pa�backs is to be resol��ed b��the in��olved emplo��ees. The Cirv is not responsible in
an}� manner for hours o�tied to emplo�•ees by other employees «�ho leave_the emplo}�nent of the
City or nho are assigned other duties. A record of all shift trades and "paybacks shall be
maintained bv the involved emploS-ees on forms provided by the department.
ARTICLE 3.09 JOB SfLa.RI\`G
A CVEA/SEN represented emplo}�ee ma� submit a request to his or her appointing authority to
share his or her job with another elisible and qualified employee. The Human Resources Director;
afrer consideration of a recommendation b�� the Appointing Authorih, may grant or den}� such
request. .Approval shall not be unreasonably withheld. If granted;jobs may be shazed on an hourl}
or dailv basis. All lesalh�permissible benefits�;ill be pro-rated. Each employee shall be notified in
writine bv the Appointins Authorin�(as defined in the City Charter)at the time of the appointment
and such notification ��ill cleazly define the benefits to �vhich each employee is entitled.
ARTICLE 3.10 VOLiTNTaRl' «'ORK FURLOUGH
The work furloueh period is fom� (40) hours per fiscal yeaz.
Employees�i�ill be eiven notice on D4a� 15i or the first��fonday follo�i°ine May 15L of the necessirv to
sien up.for voluntarv �vork furloueh and ��ill be given three ���eeks to complete the request.
Emplovees wrill be allo��ed to use furlough hours in accordance with the city's vacation leave
policies and the sections of this MOU dealing with vacation leave usases. The work furlouQh�;�ll
continue until reduced or discontinued b��mutual agreement of the parties and���ill have no impact
on employee benefits to the extent permitted by law.
I. Emplo}•ees takins leave will be requued to use furloul� hours before anv other leave
balances; excludine leave hours beine taken under the Cirv's sick leave polic}�or the article
of this b40U co��erine the use of sick leave.
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II. Employees, who, throueh no fault of their own, are not allowed to take their furloueh hours
within the fiscal yeaz��ill have the remaining hours carried over for use during the next fiscal
year. To be eligible for carryover, employees must demonstrate in writin�that they requested
time off during the fiscal year and that their requests were denied by the Appointing
Authoriry. Any hours carried over must be used in the new fiscal year.
ARTICLE 3.11 LEAVES OF ABSENCE
MILITARY LEAVE
For purpose of this MOU,the Civil Service Rules regarding Military Leave and Leaves of Absence
are incorporated by reference as thou�h set out in full iu this article. --_
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SECTION IV «'ORKL\G CONDII'IO\S
ARTICLE d.01 PROHIBITED PRr1CTICES
I. SEIU�CVEA pledQes; durinQ the term of this b40U, and afrer expiration of the I�40US, as
lone as the parties are attempting to reach an a�eement on successor n40li (includine
utilization of impasse procedures) the��shall not cause;condone or counsel iu unit members
or an�� of them to suil:e, faii to fully and faithfully perform duties; slo�v donv; disrupt,
impede or otherwise irnpair the normal funciions and procedures of the Ciry-.
II. Should an}� unit emplo�ees during the term of this �4emorandum of linderstanding breach _
the obligations of Paza�aph I; the Cin� �4anaQer or his or her desienee shall immediately
notifi� SEIU�CVEA that an allesed prohibited action is in proeress.
III. SEIU�CVEA shall as soon as possible;and in an}�zvent;�vithin eight��orkino hows disa��o���
an��strike or other alleeed prohibited action; shall advise its members orall}°and in«ritine to
immediatel��retum to�i ork and/or cease the_prohibited activitv and provide the Cin�Manaser
�i ith a copv of its advisement or;altemativel},accept the responsibilirn for the suike or other
prohibited activit}.
IV. If SEI[J�CVEA disavows the prohibited activity and takes all positive acrions set forth in this
MOU in good faith,the Cin�shall not hold CVEA financially or othernise responsible. The
Cin ma��impose such penalties or sanctions"as the Cit��may appropriatzl�-assess aeainst the
panicipants. V
V. Should SEIUICVEA durine the term of this \4emorandum of linderstandine breach its
oblieations or any of them under this section, it is agreed that the City shail pursue all leeal
and administrative remedies available to the City that in its discretion it.mav elect to pursue.
VI. There shall be no lockout bv the Cirv durina the term of this!�4emorandum of Understandine
and afrer expiration of the MOU; as long as the parties aze attempting to reach an a�eement
on a successor b40U (including utilization of impasse procedures).
ARTICLE 4.02 C�REER ADV�\�CEn�IE�T
I. For CV'EA/SEN represented employees hired on or before June 30, ZOli the provision set for[h
in paza�aph I.A shall appl��. .
A. The Cin ma�=desionate enm�-level vroups of classifications which Nill be considered as
cazzer advancement classifications. Employees may be hired for a vacancy in the hi�her
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classification at the lower classification, and not be required to undergo a promotional exam to
ad��ance to the higher position. The employee initially hired may qualify for certification to the
higher position upon(1)successful performance for a minimum of one year in the lower posirion,(2)
a positive recommendation by the Appointing Authority and(3)approval by the Ciry Manager upon
reconunendation of the Human Resources Director. Upon advancement to the higher classification;
the employee shall be compensated at the pay rate closest to, but not less than, he/she was
compensated at in the lower class. The Human Resources Director shall advise the SEILJ�CVEA
representative on the status and usage of this Article upon request.
B. The provision set forth in paza�raph I.A, above, shall not be construed under any
circumstance as creatin2 a vested right,neither expressly or impliedly. The City reserves its right to
and may, like any other term, seek modify or terminate this provision in subsequent MOU's. .
II. For CVEA/SEN represented employees hired after June 30, 2013 the provision set forth in
para�raph II.A shall apply.
A. The City has desi�nated certain classifications as career advancement classifications.
Although emplo��ees aze not required to undergo a promotional exam for advancement from the
lower to higher classification desi�nated as career advancement, advancement to the hisher
classi5cation will depend on an employee's qualifications and operational needs. V
An employee may qualify for advancement to a higher classification upon all of the following:
• Successful completion of probationary period in lower classification
• Recommendation by his or her appointing authority
• Approval by the City ManaQer, at the recommendation of the Human Resources Director.
Upon advancement to the hi�her classification, the employee shall be compensated at the pay rate
closest to, but not less than; his/her compensation in the ]ower classification. '
B.For CVEA/SEN ermployees in the Maintenance Worker I/II and Gardener UII series,they
shall not be subject to para�raph II.A., but shall remain subject to paragraphs LA and B,
re�ardless of hire date.
ARTICLE 4.03 CLASSIFICATION STUDIES
The Human Resources Department conducts on-going classification and compensation studies
pursuant to the provisions of the Civil Service rules. In the event SEITJ�CVEA wishes to request a
classification or compensation study for an individual or a classification,it may do so by providing a
written request to the Director of Human Resources. Written requests must provide si�ificant
justification to support the request for the study.
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ARTICLE 4.04 DRIVL�'G ELIGIBILITY
���hene��er an emplo��ee drives a ��ehide for Cin� business he or she shall havz a valid California
driver's license. In order to ascer[ain the validin•of the empio��ee's license,emplo�°ees must present
their dmers license to [heir supervisor upon request. The Cin� resen-es the riQht to check at anv
time �ith the Department of A4otor Vehicles to determine if an emplo}ee's license is valid. If an
employee's drivers license is revoked, suspended or othen�ise made imralid, the employee must
inform his or her supervisor. Failure to notifi�the supervisor mati� result in immediate disciplinar�
action.
r1n emplo�°ee��ho does not possess a valid California driver s license«ill be considered for a non-
drivina position if one is available in the emplo}ee's classification. The non-drivine assi�unent«ill
continue foi a ma�:imum of six-months if there is a rzasonable expectation the employee�vill have a
��alid Califomia driver's license at the expiration of that time. Extensions to the six-month limit�all
be considered on a case-by-case basis;ho�i�ever;in no case shalh an emplo}�ee receive more than one
non-dm ing assi�nment in anc three-yeaz period. �V1ien no non-driving assi�unent is available,
emplo�°ees must request a leave of absence without pay for six-months or until such time as their
license is once asain valid. «hiche��er is shorter.
In order to assure that non-driving assigunents aze provided on a fair and equitable basis, the
followin�procedures shall be observed: � .
A. Each department��ill determine whether it has any non-driving assi�unents that can
be filled b� employees who „�ould otherw�se have drivine assignmenu.
B. Non-drivine assianments �vill be gi�en on a fust come, first served basis. For
esample;if two employees in a department have non-valid driver s licenses and there
is only one non-drivino assi�unent the first employee �vho comes forw�azd ��ill be
Qiven the non-drivina assignment. The other employee may apply for a leave of
absence as described above.
r1RTICLE �AS FIT\ESS FOR DUTY
The parties a�ee that physical and mental fimess of City employees aze rzasonable requirements to
perform the duties of the job and instill public confidence. Recognizin�these important factors,the
panies a�ree that durin�the term ofthis�IOU;the Citv with reasonable cause;may require medical
and ps�chological assessments of emplo��ees, provided the Cirv pays and provides time offwithout
loss of pay for such assessments. :�ll such assessments shall be done b� appropriately qualified
health caze professionals. It is understood that thz assessment reeimen performed b� said
professionals shall be reasonably related to with the requirements and duties of the job.
Anv treatment or remedial action shall be the full responsibility of the employee;ezcept as othe:u�se
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provided by lati�or as may be provided throveh the Employee Assistance Pro�am (EAP) for Ciry
employees. V
ARTICLE 4.06 SUBSTANCE ABUSE POLICY
Employees represen±ed by SEIU�CVEA are subject to the Cit}�'s Substance Abuse Policy.
ARTICLE 4.07 MODIFIED DUTY
When an employee is injured on the job and, according to their physician, is able to return to "li�ht
dut}�;" the City��ill make every effort to place the employee in a modified duty assi�unent until he
or she is released back to full dury. The nature of the assignment will depend on the physical
restrictions of the_ employee as stated by the treating physician and the availability of a modified
position in the employee's normal department or another department that is consistent with the
physical restrictions. Notwithstanding the above, the acceptance of a modified dury assi�nment, if
available, �211 be mandatory.
ARTICLE 4.08 DIRECT DEPOSIT
All represented employees aze encoura�ed to provide authorization to the City's Director of Finance
to electronically deposit their paychecks to a financial institution of their choice. For new
employees;hired on or afrer the effective date of this MOU,it will be mandatory to participate in the
electronic deposit program. If a new employee is able to.demonstrate that they aze unable to obtain
an account for electronic deposit,they will be required to obtain an account within 6 months. Those
current employees receiving a paper check as of July 2012 will not be required.to si�n up for direct
deposit.
I
ARTICLE 4.09 GRIEVANCE PROCEDURE
This �ievance procedure shall be in effect during the full term of this Memorandum of
Understandine.
Section 1. Pi.)RPOSE. The purposes and objectives of the grievance procedure aze to:
(1) Resolve disputes arising from the interpretation, application, or enforcement of
specific terms of this agreement.
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(2) Encoura�z the settlement of disa�reements informall� at the emplo�ze-supen>isor
level and proride an ordedy procedure to handle grie�ances throuah the several
supervison� levels where necessan�.
(3) Resoh�e srievances as quickly as possible and correct if possiblz, the causes of
�rierances thereby reducinQ the number of�ievances and futurz similaz disputes.
Section 2. DEFI\'ITIO\TS. For the purpose of this �ievance procedure the followino
definitions shall apply:
(I) T4anager: The Cin� \7anaQer or his or her authorized representative.
(2) Dav: A calendaz da��, excluding Saturdays; Sundays;and hard holidavs as described
bv this aereement.
(3) Appointin� Authoritv: The chief ezecuti��e officer of a department.
(4) D'uector of Human Resources: The Director of Human Resources or his or her
authorized representative.
(�) Employee: Any officer or regulaz (not temporary) employee of the Cin�; except an
elected official.
(6) Employee representative: An individual «ho 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 a�eement.
(8) Immediate Supervisor: The individual «ho assigns; reviews; or dirzcts the w�ork of
an employee.
(9) Superior: The individual to whom an immediate supen isor rzports.
Section 3. REVIE\VABLE A\'D\i0\T-REVIE«':�,BLE GRIEVP,_\'CES.
(1) To be reviewable under this procedure a erievance must:
(a) Concem matters or incidents that have occurred in alleQed �iolation of a
specific clause in this a�eement; and
(b) Specifi�the relief souaht, �ti hich relief must be�tiithin the po�ti er of the Cim to
�ant in whole or in part.
(2) A erievance is not reviewable under this procedure if it is a mattzr which:
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(a) Is subject to those reserved Ciry Management Rights as stipulated under
Section 4 of the Employer-Employee Relations Policy for the Ciry of Cbula
Vista or under mana�ement rights as specified in this agreement.
(b) Is revie«�able 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 azising 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 concemed 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 �.
(3) Prompt Presentation. The employee shall discuss his_or her grievance with his or her
immediate supervisor �vithin ten (10) working days after the act or omi§sion 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.
(�) Statement of Grievance. The grievance shall contain a statement of:
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(a) Thz specific situation; act or acu complained of as an a�eement violation;
(b) I-he inequitv or damaQe suffered b� the employee: and
(c) The relief sought.
(6) Emplo}•ee Representative. The emplovee may choose someone to represent him or
her at an} step in the procedure. \To person hearinQ a�ievance need recoQnize more
than one representati�°e for any employee at an� one tune;unless he or she so desires.
(7) Handled During RTOrkin� Hours. �\lienever possible, grievances ��ill be handled
durine the reeularl�• scheduled working hours of the parties invol��ed.
(8) E�tension of Time. The tune limits���thin�shich action must be tal:en_or a decision
� made as specified in this procedure ma}�be extended b� mutual«rittzn consent of the
parties involved. A statement of the duration of such extension of time must be
si�ed b<< both parties involved at the step to be extended.
(9) Consolidation of Grievances. If the erievance involves a group of employees or if a
number of employees file sepazate grievances on the same matter, the �ievances
shall; �-henever possible; be handled as a singie grie��ance.
(10) Settlement. riny complaint shall.be considered settled �i�thout prejudice at the
completion of anv step if all parties aze satisfied or if neither pam�presents the mattei
to a higher authorit��within the prescribed period of time.
(11) Reprisal. The erievance procedure is intended to assure a grievina employee the
right to present his or her grievance�vithout fear of disciplinarv action or reprisal b<<
his or her supervisor; superior; or Appointine Authority,provided he or she observes
the provisions of this erievance procedure.
(12) Back Pay. The resolution of a grievance shall not include provisions for back pa}�
retroactive further than nienn� (20) �vorkinQ da�s prior to the date the �ievance is
filed. However, if H�th the exercise of reasonable dilieence the act or omission bein�
grieved �vas not discovzred ��thin 10 �vorkine da��s of its occurrence; and the
erie�ance is subsequentl�°tunely filed pursuant to Secuon 3;then the resolution ofthe
grievance may include provision for back pav for a maaimum period of one veaz
from the date the erievance was filed.
Section �. GRIEV�\CE PROCEDURE STEPS. The follo«ine procedwe shall be followzd b�
an emploree submittine a �ievance pursuant to policv:
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Step 1 Discussion with Supervisor.
The employee shall discuss his or her grievance with his or her immediate supervisor
informally. Within ttiree (.i) working days, the supervisor shall �ive 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) workin�
davs' 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 tk�e grievance and give his ar her written decision to the employee
within seven (7) �n�orking days after receiving the grievance.
Step 3 Grievance to Appointing Authority.
If the employee and superior cannot reac� 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)workine days present his or
her grievance in writing to his or her Appointing Authoritv. The Appointina
Authority shall heaz the �rievance 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 Appointin�Authoriry level; it may be submitted
by the Association Representative within twenty(20)working days to the Duector 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 aa eement. Any employee arievance
will be filed with the Association Representative at Step 4.
Following the submission ofthe City Manager's answer;and before going to Section
6,Advisory Arbitration;matters which are unresolved shalt be discussed at a meeting
between the parties durin�which all pertinent facts and information will be reviewed
in an effort to resolve the matter throu�h conciliation.
Section 6. ADVISORY ARBITRATION.
Anv 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)
workins days, follociing its termination in the �rievance procedure. The followins
Advisory Arbitration procedures shall be followed:
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(1) The requestinQ pam� �ill notifi• thz other pam� in writine of thz matter to bz
azbitratzd and the contract pro�ision(s) alle�edl}��iolated. �T�%ithin fivz (�)workine
da�s of the receipt of this notice; the parties.ma��aQree upon an azbitrator, or a panel
of three azbitrators trained in conductine srievance hearines.
If a�eement on an azbitrator cannot be reached; the State Department of Industrial
Relations shall be requested bv either or both panies to provide a list of five
arbivators. Both the Cinr and the Association shall have the riaht to strike n;o naznes
from the list The pam�requestin�the arbitration shall strike the firs[name;the other
pam shall then strike one name. Thz process ��-i11 be repeated and thz remainine
• person shall be the arbivator.
(2) The azbitrator shall heaz the casz«°ithin tu enry(20)working da�•s afrzr the azbitrator
has been selected. The azbitrator mav make a wTitten repon of their findinss to the
Association and the City wichin fifteen (I�) workins da��s after the hearina is
concluded. The arbitrator shall makz rules of procedure.. The decision of the
azbivator shall be advisorv to the Cirv �4anaeer who shall render a fmal decision
N�ithin ten (10) workina da��s. V
The azbitrator shall have no authorin�to amend.alter.or modifi this aQreement or iu
terms and shall limit recommemlations solely to the interpretation and application of
this a�eement The above tune lunits of this provision may be extended b��mumal
a�eement.
(3) Each grievance or dispute will be submitted to a sepazatelv convened azbitration
proceeding except v��hen the City and the Association mutuall�� a�ee to have more
than one �rievance or dispute submitted to the same arbitrator.
(4) The Citv and the Association shall shaze the expense of azbitrators and«imesses and
shall shaze equally any other eapenses.including those of a steno�aphzr,if required
by either pam�. If either pam elects not to follo�v the advisory decision rendered bv
the arbitrator;that pam�shall pac the entire cost of the azbivation process,including
the expense of the arbitrator; wimzsses, and(or stenographer.
CVEA MOU 07I01/13--06/30/15
Paee �2
15-55
Negotiating Team Members Negotiating Team Members
CITY OF CHULA VISTA: SEN LOCAL 221 \ CHULA VISTA
EMPLOYEES ASSOCIATION:
9�
Kelley ' acon, Lead I�Tegotiator David Garcias, President
City of Chula Vista
Larry Alcoff, Lead Negotiator
Co Neeotiators:
Lisa Torres Melissa Trulock
Simon Silva
Angelica Aguilaz '
Maria Kachadoorian
Jim Sandoval, City Mana�er Wayne Zarling
Ciry of Chula Vista
Sergei Senoff
Rusty James
Nanci Plouffe
Michelle Castagnola
Martie Solomon
CVEA MOU 07/01/13-06/30/15
Paoe 43
15-56
SEIti LOC.AL 22]/CHUZA VZSTA
ED4PLOY"EES ASSOCL�TION (continued)
Lisa Luevano
David Moran
Kim Vander Bie �
Dazlene Trujillo-Lopez
il4ark Leo. Worksite Oreanizer
CVEA MOU 07/0'I/13-06130l15
Pase 4�
15-57
`�PPendiY 9
CL9SSIFICATIONS
Accountin� Assistant
Accountin¢ Technician
Administrative Aide
Administrative Analyst I
Administrative Analvst II
Administrative Secretary
Administrative Technician .
Animal Care Assistant
Animal Control Officer
Animal Sen ices Specialist
Aquazist _
Aquatic Supervisor I
Aquatic Supen�isor II
Aquatic Supervisor III
Assistant Planner
Associate Planner
Building Inspector I
Building Inspector II
Buildin� Inspector III
Buildine Project Coordinator
Business License Rep
Carpenter
Civilian Back�round Investigator
Code Enforcement Officer I
Code Enforcement Officer II
Code Enforcement Technician
Community Developmenf Specialist I
Community Development Specialist II
Community Service Officer
Computer Prog/Analyst
Computer Programmer
Custodian
Delivery Driver
Development Services Technician �
Educational Services Supervisor
Electrician
Electronic/Equip Installer
Electronics Technician
CVEA MOU 07/01/13-06/30/15
Pase 4�
15-58
Append'u- A — courinued .
� Elecffonics Technician Supervisor
Ensineerine I'echnician I .
En¢ineerins Technician II
Environmental Health Specialist
Equipment�4echanic
Equipment Operator
Evidence Conuol Assistant
Facilin�& Supply Specialist
Famil� and Youth Literacv Coordinator
Field Maintenance Specialist
Fire Apparatus Mechanic
Fire Dispatcher
Fire Dispatcher Supen isor _
Fiscal Office Specialist
Forensics Specialist
Gazdener I
Gazdener II
Geo�aphic Information S�stems Specialist
Graphic Designer
Housino Rebab Specialist
Human Services Coordinator
HVAC Technician
Information System Technician
Landscape Inspector
Landscape Planner I
Landscape Planner II
Latent Print Examiner
Lead Custodian
Librarian I
Librarian II
Librarian III
Libran'Assistant
Libran Associate
Libran Technician
Locksmith
Maintznance Worker I
Maintenance �T�orker II
'�4echanic Assistant
?3amre Center Grounds vlaintenance R%orker
Nature Center Maintenance Specialist
Nanue Center Specialist
Office Specialist
CVEA MOU 07/01/13--06/30/15 .
PaQe �6
15-59
Appendix A -- continued
Open Space Inspector
Painter
Park Ranger Supervisor
Parkine Conuol Officer
Pazldng Enforcement Officer
Parking Meter Technician
Parks Supervisor
Plannino Technician
Plans Examiner
Plumber �
Police Communin� Relations Specialist
Police Data Specialist '
Police Dispatcher
Police Dispatcher Supervisor
Police Dispatcher Trainee
Police Records & Support Supervisor
Police Records Specialist
Police Records Transcription
Police Recruit
Police Services Officer �
Police Services Technician
Police Technology Specialist
Procurement Specialist
Public Education Specialist
Public Safety Analyst
Public Works Inspector I
Public Works Inspector II
Public Works Specialist
Public Works Supervisor
Pump Maintenance Supercisor
Pump Maintenance Technician
Range Master
Records Technician � �
Recreation Supervisor I
Recreation Supervisor II
Recreation Supervisor III
Recycling Specialist I
Recycling Specialist II
Registered Veterinary Technician
Secretarv
Senior Accounting Assistant
CVEA MOU 07/01/13-06/30/15
Paee 47
15-60
Appendix A- conrinued
Senior administration Secretan�
Senior Animal Caze Assistant
Senior.qnimal Control Officer
Senior Building Inspector
Senior Business License Representative
Senior Code Enforcement Officer
Senior Custodian
Senior Development Sen ices Technician
Senior Electrician
Senior Enaineerine Technician
Senior Equipment D4echanic
Senior Evidence Control Assistant
Senior Fire Inspector =_
Senior Fiscal Office Specialist
Senior Gazdener
Senior HVAC Technician
Senior LandscapeInspector
Senior �4aintenance �Vorher
Senior Of£ice Specialist _
Senior Open Space Inspector
Senior Pazk Raneer
Senior Planning Technician
Senior Police Data Specialist �
Senior Public Worl:s Inspector
Senior Public Works Specialist
Senior Records Technician
Senior Secretan�
Senior Tree Trimmer
Sienal Svstems EnQineer I
Si�al Svstems Eneineer II
Sisnina and Striping Supervisor
Site Coordinator Supen°isor
Storekeeper
Storekeeper Supervisor
Stormwater Compliance Inspector I
Storm�;�ater Compliance Inspector II
Survev Technician I
Survey Technician II
Telecommunications Specialist
� Traffic Devices Technician
Traffic Devices Technician Supenzsor
Trainine Programs Specialist
CVEA MOU 07/01/13-06/30/15
Pase 48
15-61
Appendix A—continued
Tree Trimmer
Tree Trimmer Supervisor
Volunteer Coordinator (Dept)
Webmaster
Youth Coordinator
CVEA MOU 07/01/13-06/30/15
PaQe 49
15-62
�ppendia B
cLassrFic�,rio�s
Auin�al Care Assistant Painter
Animal Conuol Officer Pazk Supervisor
Animal Sen ices Specialist Pazkina ?vleter Technician
Carpenter Plumber
Custodian Public Works Supervisor
Electrician Pump Maintenance Supervisor
Electronics/Equipment Installer Pump Maintenance Technician
Electronics Technician Reeistered Veterinan�Technician
Electronics Technician Supervisor Senior Animal Control Officer
Equipment Mechanic � Senior Custodian
Equipment Operator Senior Electrician
Facilit��& Suppl}� Specialist Senior Electronics Technician
Fire Appazatus Mechanic Senior Equipment �4echanic
Fiscal Office Specialist (Gaza2e) Senior Gazdener
Gardener I Senior HVAC Technician
Gazdener II Senior�4aintenance «'orker
HVAC Technician Senior Tree Trimmer
Lead Custodian Sienins & Stripina Supervisor
Loclsmith Storekeeper
i�4aintenance R'orker I Supervising Pump Maintenance D4echanic
Maintenance �i'orker II Traffic Devices Technician
Mechanic Assistant Traffic Devices Technician Supervisor
\'anue Center Grounds Maintenance �\'orker TrafFic Painter
Nature Center \7aintenance Specialist Tree Trimmer
CVEA MOU 07/01/13-06/30/15
PaQe �0
15-63
Appendix C
CLASSIFICATIONS
Aquatic Supen isor I
Aquatic Supervisor II
Aquatic Supervisor III
Communirv Service Officer � �
Fire Dispatch Supervisor
Fire Dispatcher
Fire Inspector I � �
Fire Inspector II
Park Ranser Supervisor
Parkine Enforcement OfFicer
Police Dispatcher
Police Dispatch Supervisor
Police Dispatcher Trainee
Police Recruit
Police Services Officer
Senior Fire Inspector _
Senior Lifee ard
Senior Pazk Raneer
CVEA MOU 07/01/13-06/30/15
Pase �1
15-64
ATTACI�g\T A
Letter of Understandin2
Betueen v
SEIti Loca1221/CVEA (the "Union')
And
The City of Chula\%ista(t6e "Cin ')
RE: Qualin�R'orkforce Program
The Union and the Citv aQree to meet beeinnins no later than September 12, 201�«ith the intent
to agree upon the compensation component of the Quality R%orl:force Pro�ram ("Q�T��P")no later
than March 31; 2014. The follo��ina shail establish the pazameters for the process:
1. All information re�iewed shall be shared b�•the Union and the Ciri�. Ihis section does
not appl} to information desienated as confidential andlor privile�ed by the Cin�.
2. The follo�ti�ins subjects shall be considered appropriate for the purposes of this Letter of
linderstandine:
a. Comparable peer group or labor mazket to be surveyed for each job or group of
jobs
b. Intzrnal and extemal job classifications w2th«hich bazeaining unit positions shall
be compazed and benchmazked in an�� salary survey
c. �V1iat percentile or other measurement shall be used as the parin eoal
3. Either party ma�� invite outside consultants or ezperts to participate in the process at its
o«m expense. Both parties sball have access to the consultants and experts.
4. Employees and Department Heads mav be surveyed regardina duties, rzsponsibilities; and
job qualifications.
�. If ao eement is not reached by Januar}� 31; 2014, then the parties shall request mediation
throuah a muruall}-aoreed upon mediator and; if none_ then throush the State Mediation
and Conciliation Service. y
6. The aereed upon compensation component of the QWP shall provide the frazne«�ork for
���aee neeotiations between the Union and the Citv for the successor Memorandum of
linderstandine between the parties.
7. D4eetings ma��be conducted jointly w2th all bazaainine unit emplovees and manasement
employees in eacb depar[ment to review the a�eed upon compensation component of the
Q�VP prior to unplementation.
This LEtter of Understandine shall be incorporated bv reference in the �4emorandum of
Understanding bet�veen the parties.
FOR THE L�TO\' FOR THE CITY
Date: Date:
CVEA MOU 07/011�3-06(30/15
Pase �2
15-65
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE C1TY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
i���'lW�� i `'�-
Glen R. Googins
City Attorney
Dated: �I S� �.3
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF CHULA VISTA AND
WESTERN COUNCIL OF ENGINEERS
JLJLY 1, 2013-JLTNE 30, 2015 , �
15-66
+``� //
A` �
C�N �F
CHULA V15fA
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CHULA VISTA
AND
WESTERN COUNCIL OF ENGINEERS
JTJLY 1, 2013 - JUNE 30, 2015
WCE.MOU Oi/O1/li -06/30/li Paee i
15-67
MEMORAN�UM OF UNDERSTANDII�TG CONCERNING WAGES AND OTHER TERMS
AI�'D CONDITIONS OF EMPLOYMENT FOR EMPLOYEES REPRESENTED BY THE
CHLTLA VISTA C�LAPTER. WESTERN COUNCIL OF ENGINEERS, FOR FISCAL YEARS
2013-20li
TABLE OF CONTENTS
SECTIONI ADD�IINISTRATION....................................................................................... 2
ARTICLE1.01 PREAMBLE .................................................................................................. 2
ARTICLE1.02 RECOGNITION .............................:.............................................................. 2
ARTICLE1.03 CITY RIGHTS..................................:............................................................ 2
ARTICLE1.04 R�CE RIGHTS............................................................................................... 4
ARTICLE 1.0� LABOR-MANAGEMENT COOPERATION............................................... �
ARTICLE 1.06 TERM AND EFFECT OF THIS MEMORANDUM OF ............................... 5
UNDERSTANDING.................................................................................... 5
ARTICLE 1.07 vIOUREVISIONS........................................................................................ 6
ARTICLE 1.09 RETEI�'TION OF BENEFITS........................................................................ 6
ARTICLE1.10 SAVINGS CLAUSE...................................................................................... 6
SECTION II COMPENSATION ...................................................................................... 7
SUBSECTIONA WAGES......................................................................................................... 7
ARTICLE2.01 WAGES ......................................................................................................... 7
ARTICLE2.02 OVERTIME................................................................................................... 8 •
ARTICLE 2.03 COMPENSATORY OVERTIME...............:.................................................. 8
ARTICLE 2.04 OUT-OF-CLASS ASSIGNMENT................................................................. 9
ARTICLE Z.OS SPECIAL PROJECT PAY............................................................................. 9
ARTICLE 2.06 BILINGUAL PAY...............................................................:......................... 9
ARTICLE 2.07 MILEAGE REIMBURSEMENT................................................................... 9
ARTICLE 2.08 PROTECTIVE CLOTHING...............::....................................................... 10
ARTICLE 2.09 PROFESSIONAL ENRICHMENT............................................................. 10
ARTICLE 2.10 FEES FOR PROFESSIONAL LICENSES/MEMBERSHIPS..................... 10
SECTION II COMPENSATION ..........................................................:.......::..................... 11
SUBSECTION B-BENEFITS .......................:......................................................................... 11
ARTICLE 2.11 ENIPLOYEE BENEFITS.......:..................................................................... 1 I
ARTICLE 2.12 GROUP TERM LIFE INSURANCE........................................................... 14
ARTICLE 2.13 RETIREMENT ............................................................................................ 14
ARTICLE 2.14 DEFERRED COMPENSATION................................................................. 15
ARTICLE 2.1� RETIREE HEALTHCARE..............:........................................................... 1�
WCE.MOU 07/O1/13-06/30/1� � Paee ii
15-68
SECTIONIIIHOU-RS...:........................................................................................................ 15
?.RTICLE 3.01 ��10RI:PERIOD.......................................................................................... 16
ARTICLE3.02 VACATION................................................................................................. 16
ARTICLE 3.03 SICK LEAV�................................................................:............................... 17
ARTICLE 3.04 BEREAVED4ENT LEAVE.................................................................:........ 19
ARTICLE3.0> HOLIDAY'S ................................................................................................. 19
ARTICLE3.06 NRY DUTY....................:............................................................................ 20
ARTICLE3.07 COLRT LEAV-E .......................................................................................... 21
ARTICLE 3.08 PROFESSIO\?�L LICENSEORREGISTR.ATIO\.................................... 22
EX.��71?�T.ATIO\T LEAVE ........................................................................... ��
ARTICLE 3.09 JOB SI-LARI\G............................................................................................�?
ARTICLE 310 LEAV'ES OF ABSE\�CE............................................................................. ?�
MILITARYLEAVE................................................::.:................................ »
ARTICLE 3.11 \%OLU��TARY �'�%ORK FURLOliGH......................................................... 22
SECTION IV R'ORKI\`G CO�DITIONS..........................................................................2�
.1RTICLE 4.01 PROHIBITED PRr1CTICES........................................................................ 2�
ARTICLE 4.02 C.AREER ADV�vCEMENT...................................................................... 24
ARTICLE 4.03 DRIV�'G ELIGIBILITY ............................................................................ 26
ARTICLE 4.04 FI'ItiTESS FOR DUTY ................................................................................. 26
ARTICLE 4.0� SUBST.S�\�CE/ALCOHOL ABUSE PROGRA��4........................................ 27
ARTICLE 4.06 DIRECTDEPOSIT...................................................................................... 27
ARTICLE 4.07 GRIEVAi\TCEPROCEDURE...................................................................... 27
R'CE�40U Oi/O1/li —O6/30/15 15-69 Pa�e iii
SECTION I ADMINISTR�TION
ARTICLE 1.01 PREAMBLE
This Memorandum of Understanding (MOU) is entered into by the City of Chula Vista (City)
and the Chula Vista Chapter of the Western Council of Engineers (WCE) as a result of ineetinQ
and conferring in eood faith concemin� wages; hours and other terms and conditions of
employment; pursuant to the Emplo}�er-Employee Relations Policy of the City Of Chula V'ista
and Califomia Government Code Section 3�00 et. Seq.; knowm as the Meyers-Milias-Brown Act.
ARTICLE lA2 RECOGNITION
The City recognizes ��CE as the exclusive representative for employees in the Ciry of Chula
Vista employed in the follo���in� classifications: __
Assistant Engineer
Associate Engineer
Sr. Civil Engineer �
Transportation Engineer
Land Surveyor
Sr. Land Surveyor
Assistant Surveyor I
Assistant Surveyor II
Plans Examiner
Sr. Plans EXaminer
AGENCYSHOP
The City will support and comply with WCE's decision regarding Agency Shop and will abide
by the result of a majority vote of the employees in the above classifications. Should W'CE
succeed in such an election, the City and WCE will meet and confer on a side letter
implementing the terms of the A�ency Shop agreement.
ARTICLE 1.03 CITY RIGHTS
The WCE aerees that the City has the right to unilaterally make decisions on all.subjects that aze
outside the scope of bargaining.
Tbe exclusive rights of the city shall include, but not be limited to:
A. Establish; plari for; and direct the work force toward the organizational goals
of the Ciry govemment.
WCE.MOU 07/O1/li-06/30/15 . Page 2
15-70
B. Detzmune thz oreanization. and the merits. necessirv. and levei of acti��irv or
ser�ice to bz provided to the public.
C. Determine the Citv budeet.
D. Establish. rewlate and administer a merit or ci��il service svstem �;�hich
pro��ides for all t�pes of personnel transactions; including, but not limi[ed to;
determinina the procedures and standazds for the hirina; promotion, transfer;
assi2nment, la�off retention and classification of positions in accordance «-ith
the Cih Charter; Civil Service Rules, and established personnel practices.
E. Discipline or discharge employees for proper cause. .
F. Determine the methods; means, numbzrs; and kinds of personneL and the job
or position content required to accomplish the objectives and �oals of the
Cin. __
G. Effect a reduction in authorized positions.
H. Subcontract out various semices currentl��performed b� Cit��«ork force �vhen
such actions «�ill result in cost savines to the City.
I. Take actions necessarv to cam� out the mission of the Cirv in emer2encies and
in other situations of unusual or temporan� circumstances.
J. Continue to esercise efficient and productive manaoement practices consistent
with federal and state laws and in compliance with tbe City Charter and Ciry
ordinances. �
Terms and conditions set forth in this MOU represent the full and complete understanding
between the parties. During the term of this ?v10U, the �'�CE expressly �vaives the right to meet
and neQotiate with respect to anv subject co�ered in this ?�40li unless modified through the
voluntary, mutual consent of 2he panies in a wTitten amendment. This �40ti terminates and
supersedes those partial practices, a�reements, procedures, tradiuons, and rules or reeulations
inconsistent with an�• matters co��ered in the MOli. The parties agree that durine the
neeotiations that culminated in this MOU; each pam enjoyed the opportunitv to make demands
and proposals or counter-proposals «ith respect to any matter, even though some matters �ti ere
proposed and later «ithdra�tin, and that the understandings and aareements arri�ed at afrer the
exeicise of that rioht and opportunitv aze executed in this �40U.
The Cin-'s exercise of its management riahts is not subject to challenge throuah the �ievance
procedure or in anv other forum, except where otherwise in conflict with a specific term of this
collective barsainine a�eement. • �
WCE.b40li 07/01/li-06/30/15 Page 3
15-71
:ARTICLE 1.04 R'CE RIGHTS
R'CE shall have the risht to:
A. Be provided a reasonable amount of space on relevant City bulletin boards for
legitimate communications with members. WCE shall be responsible for maintaining
the space provided in an orderly condition and shall promptly remove outdated
materials.
B. Be granted use of City facilities by the appropriate authority for meetings composed
of WCE members; provided such meetings are held outside regularly scheduled
workin� hours for the eroup which is meeting, and provided space can be made
available without interfering with City needs. WCE will provide proper advance
notice of such meetinas and pay any contingent costs of security, supervision, damase
and clean-up. _= y
C. The Cit}� will place the current MOU on the City's intranet no later than 30 calendaz
days afrer date of adoption by the City Council.
D. Authorized representatives shall be allowed reasonable access to unit emplo}�ees
during working hours for the purpose of consulting regarding 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 �ranted authorization.by, the Appointing Authority or his or her designated
representative when contacting unit employees during the duty period of the
employees. The Appointing Authority or his or her designee shall determine the
appropriate time for such access.
E. Designate two (2) employees (in addition to the President and Vice-President) wbo
serve as official representatives. Such persons shall be released from work, without
loss of compensation, when formally meeting and conferring with manaaement
representatives on matters within the scope of representation. One member shall also
be.released from work without loss of compensation when meeting with manasement
representatives on matters pertaining to an allowable grievance item.
F. Be pro��ided; upon request, such literature and public documents as may be necessary
when not available on the City's intranet (i.e., City budget, Civil Service Commission
meetings, open Council conferences, eta).
G. The City shall bill WCE $.10 per member, per pay period for the full costs incurred
for dues deduction on behalf of WCE.
H. If the City proposes layoffs of positions represented by WCE, or the freezing or
deletion of vacant positions represented by WCE after 7/1/2005, the City will have
Human Resource manasement discuss such proposals with a two-person VJCE team
to discuss possible alternatives. WCE will act only in an advisory capacity to the City
WCE.MOU 07/O1/13 -06/30/15 Page 4
15-72
and acknowledees and recoenizzs the Cin's full riehts under Artide 1.04 of tbis
MOU.
ARTICLE lA5 L_�BOR-AZ��AGE�ZENT COOPER�TIO\
The parties agree that durin� the term of this A40U, the� �vill continue to suppon the Pride At
�T�'ork Program. In addition the�� wzll continue to participate in effons to contain health caze
costs. The Citti� and �VCE aeree that the�� ���ill continue to have open discussions on matters of
concern to the parties durine the term of this D40li, includine facilitated meetines ��th
appropriate Appointina Authorities to discuss oppor[unities for cross-departmental trainine
opponunities.
ARTICLE 1.06 TER11 AND EFFECT OF TffiS �ZE��SOR�\�ti�7 OF
D\�ERSTP.NDI�'G
A. Ttus MOU shall remain in full force and effect from Julv 1. 2013 ttuoueh June 30. 201�
(the date closest to Julv 1 that is the end of a pay period) and it is understood and agreed
that the terms, conditions; waees, and all provisions of this MOU shall continue in effect
until a neN� i�10U is negotiated and subsequently ratified b} the l'�%CE and adopted by the
Cirv Council. The terms and conditions outlined in this MOli shall remain in effect from
Julv 1. 2013 until June 30. 201�.
If either pam proposes to modifi� or.terminate any of the terms or conditions set forth in
this MOU for inclusion in a subsequent MOli, they must notifi� the other party in writine
not later than February 28, 201�. WCE will endeavor to submit ��ritten proposals for
such proposed modifications to the City not later than February 28; 201�. Proposed
modifications not submitted to the Citv in �ti=ritine b�� Februarv 28: 201� �vill not be
discussed durine the meet and confer process. Cin� aerees ttiat if �ritten proposals are
received from R%CE by February 28, 201�, Cit}� �ti�ill be prepazed to commence
negotiations on those proposals bv March 1�. 201�.
B. The pro�isions of this MOU shali be subject to federai, state and local la�v.
C. If at any tune durin� the term of this MOli; throush causes be}�ond the control of the
Cin, the Citv does not have a sufficient amount of anticipated budgeted revenues or is
required to make substantial unanticipated expenditures; then. in such event; the Cit��
mav, with mutual aQreement of the WCE, re-nesotiate this ViOti and meet and confer on
�va�es; hours and other terms and conditions of emplo«nent. Ihis section; however, in
no way affects the existing rieht of the Cirv to la�� off employees.
R'CENtOU 07/O1/li-06/30/]� Page �
15-73
ARTICLE 1.07 MOU REVISIONS
The City and the R'CE a2ree that during the term of this MOU they will continue to meet and
confer on changes to the format and langua�e of the MOU. Tlie purpose of the proposed
changes is to reconcile the MOU with the Civil Service Rules, the Employer/Employee Relations
Policy, and other City policies and procedures; and to insure the language of the MOU accurately
reflects City practice.
Any proposed changes to the MOU that involve monetary issues will be deferred to meet and
confer in 2013.
ARTICLE 1.09 RETENTION OF BENEFITS
The represented emplo}�ees covered by this MOU shall retain all benefits provided herein for the
full term of this MOU. Benefits, riQhts, or privileges not specifically covered by this MOU, but
subject to the Meyers Milias Brown Act, may be acted upon by the City without mutual consent
after meeting and confenin� with the WCE.
ARTICLE 110 SAVIIVGS CLAUSE
If any article of this MOU is held to be invalid by operation of law or by any court of competent
jurisdiction, or if compliance with, or enforcement of; any article or section is restrained by such
court, the remainder of this MOU shall not be affected by such action. The parties shall if
possible meet and confer or meet and consult as the case may be for the purpose of arriving at a
mutually satisfactory replacement for any article invalidated by operation of law.
wcE.MOU o�iovu-o6isoiis 15-74 PaQe 6
SECTIO\ II COil1PENS�TION
SUBSECTION A «':�GES
aRTICLE 2A1 �V�GES
A. Salar�� adjusunents shall be made as follo.�s:
1. For Fiscal-Y'ear 2013-201�:
a. In the pa}° period for AuQust 9, 2013, all WCE representzd emplo�ees shall receive a
2% salary adjustment.
b. In the first full pay.period of January 2014, all V�'CE represented employees shall
receive a 1% salar}� adjustment. _-
2. For Fiscal-Yeu 2014-2015: �
a. Either party ma�� request a reopener on the issue of salan� increases only. To reopen,
either pam must send a w�ritten notice bv �4azch 1, 2014 that it desues to reopen on
the issue of salan� increases.
b. For Fiscal Yeaz 2014-1�, the Ciri� agrees that prior to Cit�� action based upon the
Salarv Sur��ey, it shall provide a PDF cop�° of the Salan° Survey to ��'CE; and �YCE
shall have a period of 30 davs from the receipt of the Salarv Sun e�� to review and
provide comments on the Salarv Surve��. R'CE shall provide its comments reeazdin�
the Salar� Surve� to the City u�thin the aforementioned 30-da� period. The Cin•
shall provide \VCE s comments to the Cin•`s outside consultant on the Salary Sunev.
The Salazy Sun�ey shall be that document �vhich the Cirv intends to provide to its
consultant for review�.
c. The Cin a�rees to revie«° the Surve�or and Plans Exazui.ner classification, starting in
January 2014 and to be completed by the end of July 201�.
3. The panies aaree to discuss the Cirv`s Qualih� �Vorkforce Pro�ram (Q�VP) under the
terms of the related Letter of Understanding �ti�th the ooal of completing the discussions
b�-D4azch 31. 201�.
B. �4erit (Step) Increases «ill be made accordino ro the formula set forth in the Civil Sen ice
rules currenth in effect.
The classifications shall be subject to a five (�) step salary,range. The normal hire rate
shall be Step "A" pro�°ided; ho��ever, that an esceptionali� well-qualified candidate may
bz hired be��ond Step `:A" H'ithin the established range based upon the recommendation
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of the Appointing Authority, the Director of Human Resources and approval by [he City
Manager.
C. Effective Dates - All other payroll and waee changes, such as reeular merii increases;
shall be effective at the beginnine of the regular biweekly payroll period closest to the
employee's actual qualifying date.
D. 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 �% more than the actual base rate in the old classification.
E. r111 Associate Engineers and Assistant Surveyors II, or Plans Examiners who become
registered by the State of California as a Professional Civil Engineer, Professional Traffic
Engineer, Land Surveyor or Licensed Architect when registration is not a requirement of
the position held, shall receive five percent (5%) additional compensation.
F. The City, in its sole discretion, may designate individuals as QSD or QSP certified. If the
City makes such a designation and the employee is so certified, the employee shall '
receive a $100 stipend paid once a yeaz. The stipend will be paid in the last pay period of
October of each fiscal year.
ARTICLE 2.02 OVERTII�IE
L Definition - Whenever an employee is ordered to work more than 40 hours in a work
week he or she shall be granted overtime pay at the rate of 1 1/2 times his or her Fair
Labor Standards Act (FLSA) "Regular Rate", or compensatory time off at 1 1/2 times the
extra hours worked (except as stated in Article 2.03.). Overtime work shall be pemutted
only at the direction and with the advance approval of the employee's immediate
supervisor. Payment for overtime shall be made during the pay period in which the
overtime ���as earned.
"Time Worked" - Includes all paid hours including sick leave, leaves during which
Workers' Compensation is paid, vacation time, holidays or any other time away from the
job for which the employee is compensated.
IL Administration of Overtime - All time �vorked in addition to the work period as defined
in .Article 3.01 with the exception of insignificant amounts of "hours worked" will be
counted toward .the 40 hour work week. Insignificant amounts of hours worked is
defined as any time worked outside the regular schedule that is less than 1� minutes in a
day, unless the definition is changed in the Federal Regulations or by court action.
ARTICLE 2.03 COMPE�SATORY OVERTIME
A record of compensatory ovenune earned and used shall be maintained on the biweekly pay
records. Compensatory overtime shall not be accrued to an employee's credit for any time in
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excess of �0 hours. The decision to reunburse an emplo}ee for ovenime hours worked with
compensaton� time off in-lieu of pa�� ���ill be at the discretion of the super�isor and the
AppointinQ Authorit�� based on the emplo��ee's request «�hile recognizing the overall
departmental staffing requirements.
ARTICLE 2.04- OUT-OF-CLaSS ASSIGNIIE\T
I. �\lien an emplo��ee is assiened to perform the duties of a higher paid classification for a
period of at lzast � consecutive «�ork da��s; or 40 consecutive ��orking hours, the
emplo�ee shall be compensated ��ith a minimum of � % above the emplovee's current
salary rate, up to a ma�imum of 20%; effective the first day .of the out-of-class
assi¢nment. Increases ereater than �% must be approved by the D'uector of Human
Resources. y =_
II. Requests for out-of-class compensation shall be submitted by the AppointinQ Authoriri-
on a "Pa}�oll Change Order Request" form as percentaee amounts only.
III. The duration of out-of-class assiQnmznts shall not exceedrneh�e consecuti��e months.
ARTICLE 2A5 SPECIAL PROJECT PAY
�V'CE represented employees may be eligible to recei��e a maYimum of 1�% abo�e their base pay
when assigned by the City Manaser to a"Special Projecr`.
ARTICLE 2.06 BILINGUAI:PAY
Those emplo}°ees ��ho, upon the recommendation of the Appointine Authoriri and approval of
the Director of Human Resources; aze regulazlv required to use their bilineual skills in the
performance of tt�eu duties will receive 5100 per month in addition to theu reeulaz pa}•.
Employees requesting bilin�ual pay must successfully complete a Bilineual Performance
Esunination. Employees who �iish to continue recei��ins bilinwal pay must successfulh-
complete a Bilinwal Performance E�amination once every three (3) yeazs.
ARTICLE 2.07 1�IILEAGE REI�•IBtiRSENIE\T
Employees shall be subject to the Citv`s �4ileage Reimbursement Program when required to use
their personal vehicle for authorized City business. The reimbursement rate wiil be equal to the
current matunum IRS rate.
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ARTICLE 2.08 PROTECTIVE CLOTHING
The following positions are currently included in the Safety Shoe Pro�ram: Surveyor I and II and
Land Sun�eyor. These employees and other employees not specifically listed aze elieible to be
reimbursed up to $150 per pair of safety shoes, when it has been determined by their Appointing
Authority or the Risk Manager that, because of their duties, the wearing of saferi� shoes is
required.
ARTICLE 2.09 PROFESSIONAL ENRICHMENT
Employees represented by WCE are eligible to participate in the City's Professional Enrichment
Pro�ram.
To qualify as a reimbursable expense; the employee must demonstrate a link to their current job
or career path. Requests for professional enrichment reimbursement must be approved by the
employee's supervisor,prior to any expenses being incurred, under the following terms:
• Relevant trainina needshequests are identified in performance goals
• Training to improve current skilis or help in career advancement
• Employee to report ouUfollow-up when requested by Supervisor
The annual Professional Enrichment Fund allotment for WCE employees is $25,000. Employees
are eligible to receive up to $1,500 per fiscal yeaz for professional enrichment. Funds may be
used at any tune during the fiscal year. Fiscal year reimbursements under the City's
"Professional EnrichmenY' will be closed the second Thursday in June. Employees may request
reunbursement for professional eru-ichment expenses in accordance with Internal Revenue Code
Section 132 and any other applicable state and federal law. Employees must receive approval
from their Appointing Authority and the City Manager's designee before funds may be claimed
for reimbursement. Reimbursements are on a first come, first serve basis until the funds have
been exhausted.
ARTICLE 2.10 FEES FOR PROFESSIONAL LICENSES/MEMBERSHIPS
The City shall pa}� the fees for the professional registration or license of En�ineers, Civil
Engineers, Structural Engineers, Traffic Engineers, Traffic Operation En�ineers, Land
Surveyors, Plans Examiners; Architect, Qualified SWPPP Developers (QSDs), and Qualified
SWPPP Practitioners (QSPs). The City will pay membership fees for WCE employees in any
one professional araanization as requested. The City will pay only one membership fee per yeaz;
per employee in addition to any department-wide memberships.
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SECTION II COA�IPE\'SATIO\
SLBSECTIO\B—BE\EFITS
ARTICLE 2.11 E�ZPLOI"EE BE\EFITS
Employees aze eligible for benefits if employed:
�. directh b� the Cin° of Chula Vista and '
B. worl:ing in a half time (40 hours) or more position in an 80-hour biweekly pa��
period.
I. Flexible Benefit Plan
The Cin� µ�ll provide to each represented emplo�ee a Cafetzria Plan allotment to
purchase benefits qualified under Section 12� of the Intemal Revenue Code. The Plan
Document containin� the specific provisions of the Plan ��ill be adopted by the Cit}
Council on an annual basis: The plan document �211 incorporate bv reference the
provisions of this article.
A. Enrollment
\'e�vly eligible employees (ne�v hires or those chan�ine from an ineligible to an elieible
position) ���ill be covered under the Ciry�s Cafeteria Plan effective on their date of hire in
that eligible position. All of the cafeteria benefits aze effective from tbe employee's date
of hire except the dental plans �vhich aze effective the first of the month foilowine the
employee's date of hire in an elieible position. Employees �vho fail to submit requued
benefit election forms within 30�days of their date of elioibility will automatically be
enrolled in the Emplo��ee Onlv ca[egon� of the lo�;est cost Cin� sponsored health pl'an
���ith the remaining balance of the Cafeteria Plan allotment beine placed in the taxable .
Cash option. Employees �vho fail to submit required benefit election forms durin� Open
Enrollment �vill be enrolled in the same health pian they electzd in the previous ��ear. r111
other elections previousl�� made by an emplo5�ee �711 be cancelled and the balance of the
flex allotment Hill be placed in the taxable Cash option.
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B. Cafeteria P1an Allotment � �
The Flex Benefit amount for Employee Only, those that opt out of Cit}� coverage; and
those employees covered by another Chula Vista City employee shall be fixed at the
amount provided in calendar vear 2013 ($12,762). The flex amount for Emplovee + 1
and Employee + Family will be adjusted under the current �0/�O cost shazins formula,
utilizing the average cost increase of the full-family, non-indemnity, health plan
premiums. Elieible part-time benefited employees will receive an allotment in the
proportion that such part-time employment bears to full-time employment.
C. Available Cafeteria Benefits
1. Health Insurance =
From the Cafeteria Plan allofinent, each represented employee must select
coveraee for himself or herself under one of the City sponsored health 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 receiye full credit.
Any employee �ho 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 covera�e.
The employee will pay any premium cost in excess of the Cafeteria Plan
allotment through payroll deductions.
2. Dental (Optional)
Represented einployees will be eligible to participate in any City sponsored
eroup dental plan. Any difference between the employee's available
Cafeteria Plan allotment and the premium for the selected dental plan will
be paid by the employee through payroll deductions.
3. DentaUMedicaUVision (D/M/V) and
Dependent Care Reimbursement 9ccounts (Optional)
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Represented employees ma�� allocate a ponion of theu Cafetzria Plan
allotment to either a Dental/�4edicall��ision or Dependent Caze
reimbursement account.
4. V ision— (Optional)
Representzd emplo�•ees �tiill be elisible to participate in a Cin- sponsored
�oup vision plan. Any difference betw�een the emplovee's available
Cafeteria Plan allotment and the premium for the selected plan �vill be paid
bv the emplo}'ee through payroll deductions.
�. Cash (Optional)
Represented employees ma}� allocate a portion of their Cafeteria Plari
allotment to a taxable cash pa�-ment. These pa«nents �-i11 be paid to
employees on a pro-rata basis two times per benefit year.
6. Flexible SpendinQ Accounts (FSAs)—Hzalth Care and Dependent Caze
Represented empioyees ��211 be eligible to participate in the nco Flexible
SpendinQ Account (FSA) options offered by the Cirv. Employees may elect
to set aside.a portion of their salary, on a pre-tax basis, to fund eligible.
health caze and dependent caze expenses. If the Cirv does not meet IRS
reeulations, or if the IRS rewiations chan�e for anti� reason; this benefit ma��
bz discontiriued.
The Ciri� reserves the rieht to contract ���ith a Tlurd Partv Administrator for
_ the administration of FSAs. The Citv will,pay the start-up costs associated
��ith third party administration. Participatin� emplopees ��211 pay any
' required fees (monthly; per emplo��ee; per transaction, etc.).
D. Short-Temi/Lon�-Term Disability
The Citv aarees to contribute the amount necessary to provide short-term
disabilin• and lone-term disabiliri protection for each represented
emploti ee. 9t a minimum the policies ���ill include the followins:
Short-Term Disabiliry - Requires a thiny (30) day elimination period and
pays a weeklv benefit of 60% of salary up to a maxunum of �1;732 per
wzek.
Long-Term Disabilin.— Requires a ninety (90) day elimination period and
pays a 60% of salar� up to a monttily maYimum of�7;�00.
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Disabilit}� Plus-If the emplo}�ee has a loss of 2 or more activities of dailv
living (ADL); he ar she will receive an additional 20% of salary up to a
maximum of��.000.
ARTICLE 2.12 GROUP TERM LIFE INSURANCE
The City aarees to pay the premium for $�0,000 of group term life insurance for each
represented employee. Represented emplo}�ees may apply for themselves and their eliQible
dependents to purchase from $�O,OOO.to $300,000 of supplemental group term life insurance in
$10,000 increments throu�h the Cin's aroup insurance plan. Employees will pay the additional
cost of supplemental_insurance through payroll deductions.
ARTICLE 2.13 RETIREMENT =
The City will provide to represented members retirement benefiCs 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** Loca] Miscellaneous 2% @ 62
*New Ca1PERS members on or after 04/22/2011 through 12/31/2012
**1�Te��Ca1PERS members on or after O1/O1/2013
Tier 1: 3% @ 60
Local miscellaneous represented employees in Tier 1 shall contribute 8%, which will be applied
to the City's contribution to CaIPERS for optional benefits. The following is a summar}� 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 ]9�9 Survivor Benefit.
E. Military Service Credit as Prior Service
F. Cost of Livine Allowance (2%)
G. Post-Retirement Survivor Allowance Continuance
H. Pre-Retirement Death Benefit for Spouse
I. Retired Death Benefit ��,000 � �
J. Prior Service Credit
K. Emplo}er Paid Member Contributions reported as eamin�s
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Tier 2: 2% @ 60
Local miscellaneous represented employees in Tier 2 shall contributz 7%; which wzll be applied
to the emplo�ee conffibution to CaIPERS. The follo�iine is a summarv of Tier 2 Ca1PERS
contract provisions: y
A. Tluee-Peaz Final Compensation
B. Post-Retuement Survivor Allowance
C. Credit for Unused Sick Leave
D. 4m Le�el 19�9 Survivor Benefit
E. Militare� Service Credit as Prior Service
F. Cost of Li��ina 911o�;ance (2%)
G. Post-Retirement Survi��or Allowance Continuance
H. Pre-Retirement Death Benefit for Spouse
I. Retired Death Benefit 5�.000
J. Prior Service Credit
Tier 3: 2% @ 62
Local miscellaneous represented employees in Tier 3 shall be responsible for the full emplovee
contribution, wtuch�ti�ill be applied to the Ca1PERS employee contribution. There is no
Employer-Paid�4ember Contribution(EPMC). Final compensation��ill be computed based on
the highest averaee compensation durine a consecutice 36-month period; subject to the
compensation limit set bv CalPERS. Contract pro�•isions for Tier 3 benefits ���ill be determined
by Ca1PERS pwsuant to the Califomia Public Emplo��ees Pension Reform :Act of 2013.
r1RTICLE 2.14 DEFERRED COMPENSATION
�6�CE membeis shall be eliQible to participate in the Cirv's approved deferred compensation plans
offered bv the Ciri�.
ARTICLE Z.15 RETIREE HEAL�THCARE
The Cirv �+ill no lon�er provide for subsidized retuee health caze rates bv offerine a blznded
healthcaze rate for employees hired after Januar�• 1, 2011. The City �i�ll continue to offer a
blended healthcare rare for employees hired prior to Januar� 1, 2011.
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SECTION III HOURS
ARTICLE 3A1 WORK PERIOD
The work period is a fixed and regulaz recurring period oF work hours during the seven
consecutive 24 hour periods beginning at 12:01 a.m. on Friday morning and ending at 12:00
midnight the followins Thursday evening.
ARTICLE 3.02 VACATION
I. Definition - For the purpose of this article, the definitions for continuous service,
intermittent service; active service; time worked, calendar year and employee as found in
the Civil Sen�ice 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 ti�ill accrue 80 hours during the first through fourth year of service
(cumulative to a tota] leave balance of 240 working hours). This benefit will
be accumulated at the rate of 3.07 working hours for each full bi���eekly pay
period of service performed.
2. Emplovees w�ll accrue and be eligible to receive 120 hours annually
(cumulative to a total leave balance of 360 hours) during the fifth through
ninth year of service. The benefits will be accumulated at the rate of 4.60
working hours for each full biweekly pay period of service performed.
3. Employees �vill accrue and be eligible to receive 160 hours annually
(cumulative to a total leave balance of 480 hours) during the tenth through
fourteenth years of service. This benefit will be accumulated at the rate of
6.14 working hours for each full biweekly pay period of service performed.
4. Employees w=ill accrue and be eligible to receive 200 hours annually
(cumulative to a total leave balance of 600 hours) during the fifteenth and
succeedine years of service. This benefit will be accumulated at the rate of
7J0 working hours for each full biweekly pay period of service performed.
�. Maximum Vacation Accrual - At no tune may an employee have more than
three years of vacation leave accumulated. No credits shall be accrued above
this limit.
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6. V'acation accrual rate chanees �ill become effecti��e at the beeinnina of the
pa� period ��hich includes the employee's anniv2rsary date of benefited
stams.
7. �'acation seli back — All members of represented classifications �rho have
completed at least five (�) �eazs of service shall have the option of sellino 60
hours of accrued vacation back to the Cirv in 20-hour increments. The
accumulated vacation balance �ill be reduced accordinalv.
B. Each part time employee paid at a biweeklv ratz shall be entitled to vacation «ith
pav. The number of «�orkin� days of such vacation shall be computed on the
basis set forth in subsection (2); (3). (4) or (�) and shall be in the proportion that
the part-tune emplo«nent bears to full-tirne emplo��ment.
C. Emplovees separated from City service; whether voluntarily or involuntarilv; shall
be �anted ali of the unused vacation to which they are entitled based upon
continuous sen-ice computed oo the basis set fonh in subsections (1), (2), (3) or
(4). Pa«nent shall be made hour-for-hour «�ith an} portion of an hour bein�
considered a full hour.
D. Vacaiion Use - Vacation leave balances shall be reduced for actuai time not .
worked to the nearest quarter hour. Absences may not be chazeed to vacation not
alreadv accumulated.
ARTICLE 3.03 SICK LEAVE
A. Accumulated paid sick leave credit is to be used for the sole purpose of protectins
the employee's �i�aees in the event an absence from work is made necessary
because of disabilitv due to the injun� or illness of the employee or members of
the emplo�•ee's immediate familv. For purposzs of this article immediate famil��
is defined as spouse, domestic partner; child; stepchild, pazent, stepparent; siblina;
pazent-in-law; grandpazent, or an<<_ other person livina as a member of the
employee's immediate household. .
B. Sick Leave Accrual - Computation of sick leave: Sick leave �vith pa� is
cumulati��e at the rate of 3.69 �orking hours for each biweeklv pay period of
acti�e service; 96 hours annually, beeinnine at the time of full-time permanent
probationazy employment. This benefit is calculated on 26 pay periods per fiscal
yeaz. Permanent part-time employees shall receive sick leave �ith pay in the
proportion that such part-turie emplo��ment bears to full-tune employment. A
person wbo has held a position ��ith temporary or interim status and is appointed
to a position �tiith probationarv status; without a breal: in service; ma�� have such
tune credited to sick leave upon the recommendation of the Appointin� Authorin�
and the Human Resources Duector and «ith the approval of the Cin �4anager.
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C. Ma�:imum Sick Leave Accumulation - Unused sick ]eave ma}� be accumulated in
an unlimited amount.
D. Sick Leave Use - Sick leave balances shall be reduced for actual time not �nrorked
to the neazest quarter hour for reasons allowable under this section. Absence for
illness ma� not be charged to sick leave not already accumulated.
E. Sick Leave Verification - The City may; in its discretion, require a doctor's
certificate and/or a personal swom affidavit stating that the employee is unable to
perform the essential functions of his or her job. If an employee is to be required
to furnish a doctor's certificate, the employee shall be notified by his or her
supervisor that a doctor's certificate shall be required when the employee notifies
the City that he or she will be absent by reason of illness or disability.
Sick leave verification may be requested at any time it appeazs to the Appointin�
Authoriry there is a pattern or practice of sick leave use that could be related to
abuse, reeardless of whether the individual has a sick leave balance on the books.
An employee's exhaustion of his or her sick ]eave balances will not automatically
trigger the verification requirement. However, when verification is required, the '
employee must show an immediate improvement in his or her use of sick leave.
Sick leave usage will be monitored for a period of six months. If at any time
during that period there is any abuse of sick leave, the employee will be subject to
disciplinary action up to and including termination.
F. Sick Leave Reimbursement
1. Employees using thirty-two (32) hours of sick leave, or less, during the
fiscal yeaz, shall have the option of converting twenty-five percent (25%)
of their remaining yearly sick leave to pay.
2. Pay shall be computed based on the followin� schedule and all computations
shall be rounded to the nearest whole hour:
REMAINING YEARLY SICK LEAVE PAY OPTION 2�%
96 hrs 24 hrs
88 hrs 22 hrs
80 hrs 20 hrs
72 hrs 18 hrs
64 hrs 16 hrs
' S6 hrs p
3. If the pay_option is selected, the paid sick leave hours shall be subtracted.
from the employee's accumulated yearly sick leave balance. The
remainine sick leave hours shall be carried over to the next Fiscal yeaz and
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accumulated. (Example: Emplo�•ee uses 32 hrs sick leare. He or she then
elects to receive pay for 2�% of remainine da��s pa�ment, or 16 hrs. The
16 hrs aze subtracted from his or her remainine vearlv sick leave and the
other 48 hrs aze added to tl�e employee's accumulated sick leave balance.)
4. Pa�znent �i711 be made durine the month of Julv o£ each veaz. Pav ��rill be
computed based on the emplo}ee's salar�� step on June 1�.
�. Payment will be made onl�� to employees on Cin payroll twelve (12)
consecutive months prior to the payoff calculation. Pzrmanent employzes
who retue durine the fiscal year «ill be compensated under this plan based
upon their formal retirement date. Prorated payments �<<ill not be made to an
emplo�°ee who ternunates during the fiscal yeaz. However, in the event of the
death of an individual ���hile employed by the Cirv; 100% of the employee's
unused; accumulated sick leare �tiill be paid to the appropriate benefician as
prescribed by law.
ARTICLE 3.0� BEREAVEILE\T LE9VE
\'�'hen an emplo��ee �i�th permanent status is compelled to be absent from«�ork because of the
death of an immediate fanuly member as defined in Article 3.03 (4), the emploti ze may be
allo�ied to use his or her accumulated sick leave; vacation; compensatorv time or floatins
holida�°time for up to five (�) calendaz da�-s; plus three (3) travel davs. The emplo}�ee must make
a���ritten request and receive writtzn approval from his or her Appointine Authority prior to
takine berea��ement leave.
ARTICLE 3A5 HOLIDAYS
I. Hazd or Fixed Holidavs �211 be celebrated on the dav that Cin� offices aze dosed for
employees who work the traditional i�4onday through Friday work ���eek. For the
term of this �40U. the Holidav schedule is as foliows:
INDEPENDENCE DAY JliLY 4�'
LABOR DAY 151�40\DAY' L�' SEPTEVIBER
VETER�\S' DAY" \OVE��IBER 11`�
TH.�\'KSGIVII�TG DAY 4"' THURSDAY N�IOVEMBER
� DAY_�FTER THANKSGIVING
CHRISTMAS DAY DECE\4BER 2�`�
\E�T�' YEAR'S DAY JA\Tli�RY" 152
Mr1RTLV LtiTHER KL�G. JR. DAY' 3rd MO\DAY" IN J.A�1tiARY
CESr1R C�LAVEZ D.4Y ��LARCH 315i
MED40RLaL DAY' LAST �i0\DAY L� DZAY'
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II. Hard Holida}�Pay
A. Full time employees shall receive eight (8) hours pay at their reeular hourly rate for
each hazd holiday. Permanent part-time employees shall receive holiday pay at their
rewlar hourly rate in the proportion that such permanent part-time emplo}�ment bears
to full-time employment.
B. In addition to the holiday pay; o��ertime compensation shall be paid to eligible
employees who must work on any hard holiday.
C. If a hard holiday falls on a Saturday; the preceding Friday shall be observed as the
holiday. If a hard holiday falls on a Sunday, the followin� Monday shall be observed
as tbe holiday.
III. Floating Holidays ---
A. Amount - Effective the first pay period in July of each fiscal yeaz of this MOU,
employees shall be credited �2th eight (8) hours floating holiday time each fot each
of the following days: Lincoln's Birthday, Washington's Birthday, and Admission
Day. Permanent part-time employees paid at a bi-weekly rate shall be credited
floating holiday time in the proportion that such part-time employment bears to
full-time employment. Employees may take floating holiday time at tlieir discretion,
subject to staffm� needs and with the approval of their Appointing Authoriry.
B. Floating Holida}� 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. Additional Floatine Holiday
WCE represented employees shall also be allotted eight (8) additional hours of floating holiday
per year for fiscal years 2013-2014 and 2014-2015. The eight (8) hours may be taken in the
same manner as vacation leave. The eight (8) hours must be used in its respective fiscal yeaz,
may not be carried over to the next fiscal year, and may not be cashed out.
ARTICLE 3.06 NRY DUTY
Permanent and probationary employees who are called to serve on jury duty for any county; state
or federal court within the San Diego azea shall be entitled to paid leave under the following
circumstances: � �
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A. The emplo��ee must present to his or her supervisor the court order to appear for jury
dun� at least three weels prior to tbe date to report.
B. The employee must submit a daih�; court authorized; stamped time cazd accountina .
for all hours of service ordered bv the court.
C. If jun° service and travel tune from coun to ��ork is less than five hours (7 hows for
person on a 4/10 plan) in a work dav; the employee is expected to renun to «ork
unless a justification for not rentming to �iork is provided and approved; or
pre-authorized leave is approved.
D. An employee �cho is required to ser��e jun� dun on his or her scheduled days off�ill
not be compensated for this time.
E. If the employee is not required to report for jury duq on any particular dav(s) he or
she is then espected to be at �ork as per the normal �ti�ork schedule.
F. It is the emplo�ees' responsibilin� to inform his or her supervisor on a dailv basis if he
or she is requued to report for jury duty the follo��ine dav. This may indude callins
the supervisor after or bzfore normal «•orking hours. y V
G. Absence due to jurv dun� �;211 be submittzd on the Cih� leave form.
H. An emploSee �ihose �irork week is other than Monday through Fridav (8:00 a.m. to
�:00 p.m.) may have jur�° duty work da} adjustments made by his or her supervisor.
ARTICLE 3.07 COU�RT LEAVE
Court leave is paid leave �anted bv the Cim so an employee may fulfill his or her duhr as a
citizen to serve as a «•imess in a court action to «°hich the employee is not a pam�, before a
federai, superior, or municipal Court located N2thin San Die�o County.
Court lea�e shall be limited to:
A. Required attendance before federal, superior; municipal, and justice courts located
��ithin San Dieso Countv.
B. Time in attendance at court toeether �tiith reasonable tune bet�vezn court and
«ork. If attendance is for less than a full day and the emplo��ee can reasonably be
espected to retum to work, he or she is required to do so.
C. Court leave shall not be oranted whzn the emplo��ee is paid an expert«�itness fze.
wcE.�cou o�iovu—osi�ons 15_89 raae zi
D. Court leave will only be granted to employees who are not litigants nor related to
litieants in the civil case in which they are called to appeaz or defendants in a
criminal case.
E. Emplo}�ees shall provide their supervisor with a copy of the legal subpoena and
provide other documentary evidence of service.
F. When employees are subpoenaed in the line of duty they shall be guazanteed a
minimum of two hours pay for each separate court appearance; includine travel
tune.
ARTICLE 3.08 PROFESSIONAL LICENSE OR REGISTRATION
EXAMINATION LEAVE
Represented employees who have made application for and are scheduled to participate in a
licensure examination for Professional Engineer, Professional Traffic Engineer, Land Surve}or,
Architect, Plans Examiners; Qualified SWPPP Developer (QSD), and Qualified SWPPP
Practitioner (QSP) shall, upon verification by the Appointing Authority, be granted time with
pay to participate in an}� such part of the examination which is scheduled during City work
hours. Such time off shall be a anted one time only and shall nof be charged to any leave time.
If the employee is required to take a license examination more than once, the employee must use
his or her accrued leave. � � �
ARTICLE 3.09 JOB SHARIl�`G
A WCE represented employee may submit a request to his or her appointing authority to shaze
his or her job with another eligible and qualified employee. The Human Resources Directar,
after consideration of a recommendation by the Appointing Authority, may grant or denv such
request. Requests shall not be unreasonably denied. If granted,jobs may be shazed on an hourly
or daily basis. All legally permissible benefits will be pro-rated. Each employee shall be
notified, in writing, by the Appointing Autbority (as defined in the City Charter) at the time of
the appointment and such notification will clearly define tlie benefits to which each employee is
entitled. �
ARTICLE 3.10 LEAVES OF ABSENCE
NIILITARY LEAVE
For purpose of this MOU, the Civil Service Rules are incorporated as reference as though set out
in full in this article.
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ARTICLE 3.11 �'OLL7T_�RP «'ORI�FliRLOliGH
I. `��CE represented employees ("Employees) mav request up to five da��s (40 hours) of
��oluntar�� furlouQh per fiscal }ear throu�h the Cin's Voluntarv work furlou�proeram.
Requests must be made in da�� (8 hour) increments. Thz �oluntary furloueh ma} be taken
in the same manner as vacation lea��e. V"oluntarv fiuloueh must be taken before anv other
leave balances aze used. excludine sick leave balance usaee. The voluntarv furloueh must
be taken before the end of each fiscal veaz. �
II. Emploti ees �tiho, throuah no fault of their own; «�ere not allo�ied b} the Cin to take the
�°oluntary furlouah during the 20li-2014 fiscal }'ear, may cam�over the unused hours
into the 2014-201> fiscal veaz. To be eligible for cam�over, employees must
demonstrare in �rritins that the�� requested voluntarv furlough during the 2013-2014 fiscal
}°ear and that the AppointinQ Authorit��denied theu requests.
III. Employees mav not have accrued more than five (�) days (40 hours) ��oluntary furlouah
during the 20li-2014 fiscal yeaz; unless carried o�er as explained above.
IV. Employees «'ill be ei��en notice on \4a�� 15i of each fiscal veaz or the first \4onday
followine Ma}� 15t of each fiscal ��eaz of the necessiry to si�n up for��oluntazy work- ,
furloueh and ���ill be given three weeks to complete the request.
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SECTION IV WORKING CONDITIONS
ARTICLE 4.01 PROHIBITED PRACTICES
I. WCE pled2es 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
impau the normal functions and procedures of the City.
IL Should any unit emplo}�ees breach the obligations of Paragraph I during the term of this
MOU, the City ManaQer or his or her designee shall immediately notify WCE that an
alleged prohibited action is in progress.
III. WCE shall, as soon as possible, and in any event, within eight working hours disavow
any strike or other alleged prohibited action and shall advise its members orally and in
writine to immediately retum to work and cease the prohibite3 activity.. WCE shall
provide the City Manager with a copy of its written advisement. WCE agrees to accept
the responsibility for the'strike or other prohibited activity if it fails to follow one or moie
of the duties set forth in this article.
N. If WCE disavows the prohibited activiry and takes all positive actions set forth in this
MOU in good faith, the City shall not hold WCE financially or otherwise responsible.
The City may impose such penalties or sanctions as the City may appropriately assess
a�ainst the participants.
V. Should WCE breach its oblisations or any of them under this section durin� the term of
this MOU, it is a2reed that the City shall pursue all lega] and administrative remedies
available to the City that in its discretion it may elect to pursue.
VI. There shall be no lockout by the Ciry during the term of this MOU.
ARTICLE 4.02 CAREER ADVANCEMENT
I. For WCE represented employees hired on or befoie June 30, 2013, the followin� provisions
shall apply:
A. Promotion
1. The Assistant Engineer classification will be considered a career advancement position to
the Associate Engineer level. Employees will not be required to undergo a promotional
exam but will qualifi�for certification upon(1) fulfillment of a minimum of one yeaz as
an Assistant Enaineer and upon the forwazding of a positive recommendation by his or
her Appointing Authority or (2) becoming registered as a professional engineer by the
State of California. Permanent employees who advance from the Assistant Engineer
classification under r(1) above to the Associate Engineer level shall not be subject to an
additional probationary period. Employees who advance from the Assistant Engineer
level as a result of�(2) above; shall serve at least a six month probationary period at the
wcE.MOU o�iovi�—o6i�ons � 5_92 Page ?4
Associate EnQineer ]evel and at least a combined total of one yeaz as an Assistant
Enaineer andlor Associatz Eneineer.
2. Emplo�ees classified as an Associate En�ineer «zll be allo«�ed to use the �iorking titles
of Associate Ci�il Eneineer or Traffic EnQineer upon (a) becomine reeistered as a
Professional Civil Engineer or Professional Traffic Ensineer b�• the State of Califomia;
and (b) upon completion of the probationaran• period specified above and upon fonvardine-
of a positive recommendation bv the relevant Appointine Authorit} to the Director of
Human Resources.
3. The cazeer advancement pro�isions described in numbers 1 and 2 abo��e will also be
applicable for Assistant Sun e}�ors UII.
B. The provision set forth in paza�aph I.A, above, shall not be construed under an��
circumstance as creatina a vested right; either expresslv or impliedly. The City reserves its ri1�t
to and ma��; like any other term, seek to modif�• or terminate this-provision in subsequent
MOli s.
II. For �b�CE represented employees hired afrer June 30; 20li, the follo�iing pro�°isions shall
apply:
A. Promotion
1. The Assistant Eneineer dassification �i�ill be considered a cazeer ad�ancement position to the
Associate Engineer levzl. Employees will not be required to undereo a promotional esam;
however, an emplo�ee-s advancement to the Associate Enginzer will depend upon the Cin''s
operational needs. Employees may qualify for advancement to�ssociate Enginzer upon:
• Successful completion of the probationary period as Assistani Engineer and a positive
rzcommendation b}� his or her Appointine Authority
y �7
• ReQistration as a professional en�ineer by the State of Califomia and a positive
recommendation by his or her Appointing Authoriry
2. The cazeer ad�ancement pro�°isions described above also apply to the Assistant Survevor I{II
classifications.
3. Employees classified as an Associate Eneineer w-il1 be allo���ed to use the workine titles of
Associate Civil En�ineer or Traffic Engineer upon (a) becomine reQistered as a Professional
Civil Enaineer or Professional Traffic EnQineer b�� the State of Califomia; and upon forwazdins
of a positive recommendation by the relevant Appointin� Authority to the Director of Human
Resources.
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ARTICLE 4.03 DRIVING ELIGIBILITY
Whenever an emplo}�ee drives a vehicle for City business he or she shall have a valid California
driver's license. In order [o ascertain the ealidity of the employee's licenses, employees must
present their driver's license to their supervisor upon request. The City reserves the right to
check at any time with the Department of Motor Vebicles to determine if the license is valid. If.
an employee's driver's license is revoked, suspended or otherwise made invalid, the employee
must inform his or her supervisor. Failure to notify the supervisor may result in immediate
disciplinary action.
An employee who does not posses a valid California driver's license will be considered for a
non-driving position, if one is available in the employee's classification. The non-drivin�
assianment wrill continue for a maa:imum of six months if there is a reasonable expectation the
employee will have a valid Califomia driver's license at the expiration of that time. Extensions
Yo the six-month limit will be considered on a case-by-case basis. In no_case shall an employee
receive more than one non-driving assignment in any three-year period. When no non-driving
assi�nment is available; an employee must request a leave of absence without pay for six months
or until such time as his or her license is once again valid, whichever is shorter.
In order to assure that non-drivine assisnments are provided on a fair and equitable basis, the
following procedures shall be obsen�ed:
A. Each department will determine whether it has any non-driving assignments that
can be filled bv employees who would otherwise have driving assignments.
B. Non-driving assignments will be given on a first come, first served basis. For
example, if t��o employees in a department have a non-valid driver's license and
there is only one non-driving assignment, the first employee who comes for�,-azd
will be given the.non-driving assignment The other employee may apply for a
leave of absence.as described above.
ARTICLE 4.04 FITNESS FOR DUTY
The parties agree that it is reasonable to require that employees be physically and mentally fit to
perform the duties of their jobs. Such requirements instill public confidence in the City's ability
to meet the public needs of its residents. Reco�nizine these important factors,:the parties agree
that during the term of this MOU, fhe City with reasonable cause, may require medical and
psychological assessments of employees provided the City pays the costs of the assessments and
provides time off without loss of pay for such assessments. All such assessments shall be done
by appropriately qualified health care professionals. It is understood that the assessment regimen
performed by the health caze professionals shall be reasonably related to the requirements and
duties of the j ob.
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An�� treatment or remedial action recommended as a result of the assessment shall be the full
responsibility of the emplo�ee, except as othernise provided by law or as mav be provided
through the Cit�•'s Employee Assistance Program (EAP).
ARTICLE �.OS SLBST�\CE/?.LCOHOL ABtiSE PROGR�D�1
Represented employees aze subject to the Cin�'s Substance Abuse Policy.
ARTICLE A.06 DIRECT DEPOSIT
All represented employees «�ill be requirzd to pro�ide ��Titten authorization to the Cin s Duector
of Finance to electronically deposit their paychecks to a financial instimtion of theu choice. For
ne���emplo�ees, the effective date of this artide nill be the date of hire.=fior current employees,
the mandaton'direct deposit pro�ram ��ill be phased in so that emplo��ees ��ho do not currentl�°
have an account �ith a financial institution have sufficient time to establish accounts�tiith the
financial institution of their choice. The fmal date for implementation of this pro�am���ill be
December 1�. 200�.
ARTICLE �1.07 GRIEV�\�CE PROCEDURE
This erievance procedure shall be in effect during the full term of this �40li
Section 1. PliRPOSE. Ihe purposes and objectives of the Grievance.Procedure aze to:
` (1) Resohe disputes arising from the interpretation, application or enforcement of
specific terms of this �40U.
(2) Encourage the settlement of disa�eements informallv at the employee-supen-isor
level and provide an orderlti� proczdure to handle �ievances throueh the several
supervisory levels ���here necessarv.
(3) Resolve Qrievances as quickly as possible and correct; if possible; the causes of
2rievances thereby reducing the number of�rievances and future similaz disputzs.
Secdon 2. DEFNITIONS. For the purpose of this �ievance procedure the folloNin�
definitions shall apply:
(1) Manaeer: The City I��anaQer or his or her authorized representative.
(2) Da�: A calendaz dav, excluding Saturdays, Sundays and hard holidavs as
described by this �40U.
(3) Appointine Authoritv or head of a department: The chief exzcutive officer of a
depanment
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(4) Director of Human Resources: The Director of Human Resources or his or her
authorized representative.
(�) Emplo}�ee: Any officer or regular (not temporazy) 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 arisine out of the
application or interpretation of a specific clause in this MOU. y
(8) Immediate supervisor: The individual who assigris, reviews; or directs the work
of an employee. �
(9) Superior: The individual to ti�hom an immediate supervisor reports.
Section 3. REVIER'ABLE AND NON-REVIEWABLE GRIEVAI�TCES.
(1) To be reviewable under this procedure a grievance must:
(a) Concem matters or incidents that have occuned in alleged violation of a
specific clause in this MOU; and
(b) Specify the relief sought, which relief must be within the power of the
City to grant in whole or in part.
(2) A grievance is not reviewable under this procedure if it is a matter which:
(a) Is subject to those reserved City Management Rights as stipulated under
Section 4 of the Employer-Employee Relations Policy for the Ciry of
Chula Vista or under management rights as specified in this MOU.
(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 a formal disciplin,ary proceeding.
3. Appeals arising out of Civil Service examinations.
4. . Appeals from�vork performance evaluations.
�. Appeals that have a civil riehts remedy or some other remedy
specified by law.
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(c) General complaints not directl}� related to specific clauses of this MOli.
(d) R%ould requue the modification of a polic.� established bv the Cit}° Council
or bv la�ti�.
(e) Relates to any Cit�� eroup insurance or retirement proeram.
Section�. GENERAL PROV'ISION OF THE GRIEV,�\CE PROCEDURE.
(1) Grievances ma�� be initiated onh by the emplovee or emplo��ees concemed and
mav not be pursued ��ithout his or her or theu consent.
(2) Procedure for Presentation. In presenting his or her arievance; the employee shall
follo�; the sequence and the procedure oudined in Section-�.
(3) Prompt Presentation. The emplo�°ee shall discuss his or her erievance with his or
her immediate supervisor within ten (10) ��orkino davs after the act or omission
of manaeement causinQ the grievance, or �tiithin ten (10) ��orkins davs of when
the employee; u�th the esercise of reasonable dilieence; should have discovered
the act or omission bein� arieved.
(�) Prescribed Form. The written grieeance shall be submitted on a form prescribed
bv the Director of Human Resources for this purpose.
(�) Statement of Grievance. The griz��ance shall contain a statement of:
(a) The specific situation; act or acu complained of a violation of the MOU;
(b) The inequin• or damage suffered b} the employee; and
(c) The relief soueht.
(6) Employee Representative. The emplo�'ee may choose someone to represent lum
or her at an�� step in the procedure. \To person hearino a grievance need reco�ize
more than one representative for ariy employee at any one time, unless he or she
so desues.
(7) Handled Durins W'orking Hours. Whenever possible; arievances «ill be handled '
during the reQularly scheduled ��°orkins hours of the parties involved.
(8) Extension of Tune. The time limits «Zthin which action must be taken or a
decision made as specified in this procedure may be estended b�� mutual ���ritten
consent of the parties involved. A statement of the duration of such extension of
time must be si�ed b� both parties invoh ed at the step to be estended.
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(9) Consolidation of Grievances. If the grievance involves a �roup of employees or if
a number of employees file sepazate grievances on the same matter, the
grievances shall, whenever possible, be handled as a single grievance.
(10) Settlement. Any complaint shall be considered settled without prejudice at the
completion of any step if all parties are satisfied or if neither party presents the
matter to a higher authoriry�vithin the prescribed period of time.
(11) Reprisal. The grievance procedure is intended to assure a grieving employee the .
right to present his or her �rievance without fear of disciplinary action or reprisal
by his or her supervisor; superior or Appointing Authority, provided he or she
observes the provisions of this grievance procedure.
(12) Back pay. The resolution of a grievance shall not indude provisions for back pay
retroactive further than twenty (20) working days prior to Ehe date the grievance is
filed. However, if with the exercise of reasonable diligence the act or omission
beine grieved w�as not discovered within 10 working days of its occurrence, and
the erie��ance is subsequently timely filed pursuant to Section N (3), then the
resolution of the grievance may include provision for back pay for a maximum
period of one year from the date the grievance was filed so long as such back pay
awards are compliant with the law.
Section 5. GRIEVANCE PROCEDURE STEPS. The following procedure shall be followed
by an employee submitting a grievance pursuant this article:
Step 1 Discussion with Supervisor.
The employee shall discuss his or her grievance with his or her immediate
supervisor informally. Within three (3) working days, the supervisor shall 2ive
� 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 deeision within the three (3)
workin� days time limit; the employee may within seven (7) working days present
his or her grievance in writin� to his or her supervisor. The supervisor shall
provide his or her written comments to the gievance and present the grievance
and comments to his or her superior within seven (7) working days. The superior
shall hear the erievance and eive his or her written decision .to the employee
within seven (7) workin� days afrer receiving the grievance.
Step 3 Grievance to Appointing Authority.
If the emplovee 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 erievance and all written comments and or decisions in writino to his or her
Appointin� Authority. The Appointing Authority shall hear the orievance and
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give his or her written decision to thz employee N�thin seven (7) workins da}rs
afrer recei�ino the erie�ance. v
Step 4 Grievance to Direc[or and ?�4anaQer.
If the arievance is not settledyat the Appointing Authoritv le�el; it ma} be
submitted bv the \\jCE Representative ��ithin twenty (?0) workine davs to the
Director of Human Resources. ��ho shall in�estieate and repori his or her findinas
and recommendations to the Citv Nfanager within ten (10) working da��s. Thz
Cit�� D4anaser shall provide his or her ans���er «�ithin ten (10) additional ���orkino
days. The times indicated mav be extended b} mutual agreement. An}-Emplo}�ez
grievance ��711 be filed by the R'CE Representative at Step 4.
Follo«�ins the submission of the Cirv Manaezr's ans��er. and before eouie to
Section 6. Advison� :�rbitration. mattzrs ���hich are unresolved shall be discussed
at a meetine beri�-een the parties durine w�hich all pertinent facts and information
�vill be re��ie�ti�ed in an effort to resolve the matter throueh conciliation.
Section 6. ADV"ISORY r:RBITRATIO\'.
rinv dispute or erie�ance which has not been resol�ed b� the Grievance
Procedure mav be submitted to ad�isorv arbitration bv the Association
Reprzsentative or the Cin• �vithout the consent of the other pam� providine it is
submitted ��ithin ten (10) �-orking davs; follo«�ine its termination in the
Grievance Procedure. The follo«ine Advisory Arbitration procedures shall be
follo�s ed:
(1) The requesting party �cill notifi� the other pam� in ��ritine of the matter to be
azbitrated and 2he MOU provision(s) allegedlv violated. R%ithin five (�) working
_ days of the receipt of this notice, the parties may a�ree upon an arbitrator, or a
panel of three azbivators trained in conductine �ievance hearin�s.
If agreement on an azbitrator cannot be reached, the State Department of
Industrial Relations shall be requested b�� either or both panies to provide a list of
five arbitrators. Both the City and the R'CE shall have the ri2ht to strike nvo
names from the list. Ihe party requestine the arbivation shall strike the fust
name; the other pany shall then strike one name. The process �ill be repeated
and the remainina person shall be the arbitrator.
(2) The azbitrator shall heaz the case Nithin ri�enn� (20) workine days afrer the
azbitrator has been selectzd. The arbitrator shail mal:e rules of procedure. The
arbitrator shall mal:e a «iitten repor[ of his or her findings to the �T��CE and the
Cin «ithin fifteen (1�) �ti°orking da�s after the hearina is concluded. The decision
of the azbitrator shall be advisor� to the Cin Mana�er who shall render a final
decision within.ten (10) �irorkine da�s.
The arbitrator shall have no authorin� to amend, alrer or modif7 this �IOU or its
terms and shall limit recommendations solely to the interpretation and application
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of this MOU. The above time limits of this provision may be extended by mutual
asreement.
(3) Each grievance or dispute will be submitted to a sepazately convened arbitration
proceedin� except when the City and WCE mutually agree to have more than one
arievance or dispute submitted to the same arbitrator.
(4) The City and the WCE shall share the expense of arbitrators and witnesses and
shall share equally any other expenses; including those. of a stenographer; if
required by either party. If either party elects not to follow the advisory decision
rendered by the arbitrator, that party shall pay the entire cost of the arbitration
process, includine the expense of the arbitrator, witnesses and/or stenoarapher.
l�'CE.MOU 07/O1/li -06/30/IS Paee 32
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� �
I�el�e� � �acon ivanc�� R%atson
Lead\e�btiator R'estem Council of
Ciri�of Chula V"ista Enaineers
Chester Bautista
Co-Neeotiators:
Lisa Torres
Simon Silva =_
Aneelica Aeuilaz
Maria Kachadoorian
Jim Sandoval. Cirv Manaeer
Citv of Chula Vista
Dave Kaplan
Alan Reves
N%CE.biOU 07/O1/li -06/30/15 Paee 33
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ATTACHMENT A
Lcteer of t)ndersrr.iiding
Bt;tvreen
W CE (thc"Union').9r.d 37te Ca:�•of'Chula Vista(the"City'}
RE: (1ua}ity 1�'o�force Pmgram
Th�linion a�ed tl�e Cily a�a�ee to meet beyiming no latar Cltan Septe:nber i2,2U13 v,�ith
the imcnt[��agmx u}�nn the cos�pensation compone¢t of tf�e Quality 1�'o:i�'orcc Yrogram
(`Y1WY'J no later than March 31,201A. The follo�e�ing shail este6lish the paramecers f.�r
the priresa:
J, A[I information reviewed shall be sharzd by thc Union xn�th2 Ci�y. This sec:ion
daa nat npp!y to inforrnation designetcd a5 cvnfid�ntittl and/or piiv'lleged Uy d�e
CjTy
2. Tlie fol3owin�snbjects shall he considered ap��roE riate fvx ihe purp��ses of flzis
Lerer of Uoderstanding:
�. Cumparablc pcer group or lab�r market to Ue surveyed for eacl:job or ,
gruup otjobs
� b. ln[cmel and c�icrnxl jnb classifizatio��s wifh which Utu•�ining nnit
posifions s}wl!be eon�ga�ed and hencli�na,ked in any salary survep
c. What percentilt or oihzr measur�nent slta3l be uszd as lhe psrity gbal
3. Eithvr party may invitc outsSde consuitants�r eacpeiis ta p�rticipale in Ihe process
nt its uwn expcnsc. Both Partees sha�l have access to ihe consultu�ts and expens.
:. Emp3oyccs nnd Dcpartiaent Heads may be sacveyed regnrdi��v duties,
ms�x�i3sibilities,snd joU qua:ificalinns.
5. If at�eemeat is not reachzd 6y January 31,20t 4,then ihe parties s�xll icquea-E
m�'sation 1iu•ougli a matually ogreed upon mediatc+r and,if none,th�ihroubh ihc
Srate Mediation and Concil'iation Serti*ece. �
6. ihe agrezd upon compensation component of'the QWP shall pmcid�the
framework frn•waGe negotiations 6ztwe�i the Unian an��lie Ciiy fnr tUe :
� successor Memoraiidtun of Undecs[anding betwin:n Lhc purties.
7. Ivteetings may be couducied joinily wih xtl�Lwryaining unit employees:.nd
managemctat employees in�:xch deperimcnt Co rcvicw t7ae a�ead unon .
compensation component of the(1 W P}�rior tn in�Ulernentation.
This I.etter of Uncierstanding shall be inr�r�nrated hy reference in the Memoranduni of
. LJnderstanding betwece the parlics. � .
FOR TiIE UASION FOR THF.CiTY
� Date: Date:
��)
R'CE.MOU 07/01/li -06/30/1� PaQe i4
15-102