HomeMy WebLinkAboutReso 2013-184 RESOLUTION NO. 2013-184
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVIt�'G MEMORANDEJMS OF
UI�'DERSTAI�'DIi�'G BET�'EEN THE CITY OF CHULA VISTA
.At`TD CHULA VISTA EMPLOYEES ASSOCIATION SEN
LOCAL 221 (C�'EA/SEIU) AI�'D W'ESTERi\' COUI�TCIL OF
EI�'GII�'EERS (V�'CE) BARGAII�iIi�'G UI�'ITS RELATED TO
COMPENSAT]ON AND OTHER C01�'DITONS OF
EMPLOYMEI�'T AND APPROPRI.AT[I�'G FUTiDS
ACCORDINGLY
A'HEREAS. the Citv of Chula Vista has met and conferred, in eood faith. �aith the Chula
Vista Employees Association SEIU LOCAL 221 (`CVEA/SEIU") and the Vdestern Council of
Engineers ("�4'CE") in accordance H�ith the pro��isions of the A4e�ers-Milias Bro�vn Act
("MMBA") as set forth in Califomia Government Code sections 3�00 et seq; and
W"HEREAS. the Ciri� and CVEA/SEIU and WCE ha��e reached aereements on
compensation and other terms and conditions of emplo��ment and; consistent with the MMBA,
ha��e set forth those terms in Memorandums of Understandine (MOUs). which ha��e been
desienated as Exhibit A and Eahibit B for identification in this resolution: and
V�Z-IEREAS. the aforementioned A40Us ���ere ratified bv a ��ote of the CVEA/SEIli
membership on Au2ust l, 20li and �1'CE membership on Aueust 19. 2013.
NOW; THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby: (1) approve the A40Us in substantial form beh;�een the Cit}� of Chula Vista
and CVEA/SEN and V�'CE; (2) authorize the City Manaeer or his designee(s) to esecute the
MOUs; and (3) authorize the Ciri� Manager or his designee to make such minor modifications to
the MOUs as mav be approved or recommended bv the Cit�� Anorne��`s office.
BE IT FURTHER RESOLVED that the Cirv Council of the Cit�� of Chula Vista does
hereby authorize the transfer of funds from the Non-Depanmental Personnel Sen�ices categor��to
the Personnel Sen�ices categon� of various departments as reflected in the table below:
Resolution No. 2013-184
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- .. � - � � �
Non DeparUnental $ (553,629)
Ciry Co�mcil $ 1,249
CityClerk $ 1,580
Administration $ 4,024
Info Tech Sen�ces $ 7,913
Him�anReso�ces $ 1,443
F�ance $ 17,167
Anm�al Care Faciliq� $ 25,185
Dev Services - General Ftmd $ 29,816
Police $ 134,964
Fffe $ 8,231
PubGc Works $ 270.913
Recreation $ 23.698
Lbrary $ 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 Federal
Grants Fund will be offset by increased revenues.
��� -�8 � � - ' �� o � � � t.
Local Law Enforc Block Grant $ 1,630
Federal Grants Fimd $ 2;094
Env'vo�vnental Sen�ices $ 6,878
Central Crarage Fwid $ 12,758
Development Sen�ices Fimd � 67,559
Sewer Service Revenue $ 78,929
TotalOtherFunds � 169,849
Presented by Approved as to form by
- , ) �
L �
e ley �r. acon Glen R. oogins� �
Deputy y Manager/ rney ���
Director of Human Resources
Resolution No. 2013-]84
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P.ASSED. APPROVED. and ADOPTED b�- the Citv Council of the Citv of Chula Vista.
Califomia, this l Oth dav of September 2013 b�� the followine ��ote:
AYES: Councilmembers: Aguilaz. Bensoussan, Ramirez, Salas and Cox
N.AYS: Councilmembers: I�'one
ABSEI`TT: Councilmembers: I�'one
V
Chen�l Cox. a��o
ATTEST: �
�� ����
Donna R. Noms. CMC. Cin� Clerk
STATE OF CALIFORi\'IA )
COUI�'TY OF SAi\' DIEGO )
C[TY OF CHULA VISTA )
I. Donna R. I�oms. Cirv Clerk of Chula Visia. Califomia. do herebvi certifi� that the foreeoine
Resolution \'o. 20li-18� ���as dulv passed; approved. and adopted by the Cit�� Council at a
regular meetin� of the Chula Vista City Councii held on the l Oth day of September 2013.
E�ecuted this l Oth da}� of September 2013.
�I�.�� ��if�t�--�
Donna R. i�'orris. CA4C. Cit�� Clerk
Resolution No. 2013-18�
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j EXHIBIT A
`����
A� �
�
4K1
C�N �
- CHUfA 1/ISTA _
�iE�iOR-1\�ti17 OF L�1�ERST�\�L�G
)
BEI'«'EEN CITI' OF CHLZA VIST�1
A.\�
SEIti LOC�L 221 \ CHLZ�1�'ISTA
E�IPLOI'EES �SSOCL-�TIO\
JLZY 1, 2013 —JL1°E 30. ZO15
_ _ _ _ .. __
Resolution No. 2013-184
Page �
1�gr�OR4\�DU?��OFL��DERST.��DIIvGCONCER1vING��AGESAI��DOTI�RTERTVIS.4ND
CO?�DITIO\S OF E?��'LOY?��NT BET���EEN THE CITY"OF CHULA VISTA��D THE SEN
LOCaL, 221 \ CHLZA VISTA E��'LOYEES ASSOCLATION FOR FISCAL 1'EARS JtiLY" 1;
2013 —Ji��TE 30. 2015.
TABLE OF CONTENTS
SECTIO\I AD17L�TSTRATION.............................................................................3
ARTICLE1.01 PREAI�ZBLE...........................................................................................3
ARTICLE 1.02 RECOGnTTION....................................................................................3
ARTICLE 1.03 CITY RIGHTS.......................................................................................3
9RTICLE 1.04 CVEA RIGHTS...................................................................................... a
ARTICLE 1.05 L9BOR-DIANAGEMENT COOPERATION.....:............................... 5
ARTICLE 1.06 TER1�4 Al�'D EFFECT OF THIS MEMORANDUM OF................... 6
� ARTICLE.1.07 MOU REVISIONS.................................................................................6
ARTICLE 1.09 RETENTION OF BENEFITS..................................`............................ 6
ARTICLE L10 SAVLNGS CLAUSE....................................................:.......................... 7
SECTIO�II COD�LPE\SATION...........................................................................:....8
SIIBSEC7IONA. «'AGES.........:.........................................................................:...............8
ARTICLE 2.01 �V�GES................................................................................................... S
?,RTICLE 2.02 OVERTID�.......................:................................................................... 9
ARTICLE 2.03 COMPENSATORY OVERTIDZE........................................................ 9
ARTICLE2.04 C_�I,LBACK PAY................................................................................ 10
ARTICLE 2.05 SAFETY DZANDATED REST PERIODS.......................:................. 10
ARTICLE 2.06 STAn`DBY PAY........................................................:.........................: 12
ARTICLE 2.07 OUT-OF-CLASS ASSIGNMENT...................................................... 12
ARTICLE 2.08 SPECI?,L PROJECT PAY................................................................. 13
ARTICLE 2.09 FIELD TRAINING OFFICER PAY.................................................. 13
ARTICLE 2.10 BILINGUAL PAY ............................................................................... 14
ARTICLE 2.11 SHIFT DIFFERENTIALS.................................................................. 14
ARTICLE 2.12 1VIILEAGE REII�ZBURSEMENT....................................................... 15
ARTICLE2.13 SAFETYEQUIPMEiVT.........:............................................................ 15
ARTICLE 2.14 PROTECTIVE CLOTHING.............................................................. 15
.ARTICLE 2.15 TOOL ALLO��'.4i1'CE................................................................:....... 16
ARTICLE 216 L�'IFORAIS.......................................................................................... 16
ARTICLE 2.17 PROFESSIOn�AL ENRICHI7ENT ................................................... 16
ARTICLE 2.18 CERTIFIC aTION PAY.................:....................................:............... 17
SECTION II CODZPENSATION.............................................................................. 18
SL-BSECTION B BENEFITS............................................................................................ 18
ARTICLE 2.19 E�'IPLOYEE BE�'EFITS.................................................................... 18
ARTICLE 2.20 GROUP TERM LIFE I1�SLR�NCE.................................................21
CVEA MOU 07/01/�3-06/30/15
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Resolution \o. 2013-1 S�
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' �.RTICLE 2?1 RErII2E�fE\-I....................................................................................21
=1RTICLE 2.22 DEFERRED CO��E\S.�TION .......................................................22
SECTIONILi HOtiRS .................................................................................................2�
.�1RI�ICLE 3.01 «'ORIi PERIOD.......................................................................:..........2�
ARTICLE3.02 �'�C�TION..........................................................................................24
ARTICLE 3.03 SICK LE���E.......................................................................................25
�RTICLE3.04 BERE?,��Elg\TLE��'E .................................................................28
:�RTICLE3:05 HOLID�1'5..........................................................................................28
�RI'ICLE 3.06 JLZ2Y DIITY.........................................................................................30
:1RTICLE 3.0 i COL�T LE�«..................................................................................31
�RTICLE 3.08 SHII�'7 E1CFL-�\GE...........................................................................32
aRTICLE 3.09 JOB SH�1RL1'G....................................................................................32
:1RTICLE 3.10 ��OLLIT�R1��VORK FL-RLOtiGH................................................32
ARTICLE 3.11 LE:��'ES OF�,BSENCE.....:.............................................:.................33
SECTION I�� R'OR3�\G CO\°DITIO\5................................................................3�
:�RTICLE 4A1 PROHIBITED PR4CTICES..............................................................3�3
ARTICLE �.02 CAREER_iDV:1\'CE�1E\T..............................................................3�
:�RI'ICLE 4.03 CLASSIFICAI'ION STL�DIES..............................:............................35
aRI'ICLE 4.04 DRI�1\G ELIGIBILII'Y...................................................................36
, �,RI'ICLE 4.05 FIT\'ESS FOR DtiTY......................................................................... 36
` ' :1RTICLE 4.06 SL-BST�\CE _1BtiSE POLICl'.........................................................3i
�RTICLE 4.07 �10DIFIED DtiTI`..............................................................................3 i
�RI'ICLE �.08 DIRECI DEPOSIT .............................................................................37
?,RTICLE d.09 GRIE���i\CE PROCEDtiRE............:................................................37
�PPENDL�A......................................................................:.................................................45
�PPENDIZ B............:...........................................................................................................50
�.PPENDL� C........................................................................................................................ 51
CVEA MOU 07/01/13-G6/30/15
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Resolution No. 2013-184
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SECTION I �D��ZSTR�TION %
�RTICLE 1.01 PRE�!�ZBLE
This Memorandum of linderstanding (_MOU) is entzred into by the Ciry of Chula Visia(Cirv)and
the Service Employee's International Union Local 221 \ the Chula Vista Emplo}�ees Association
(SEN\C\'EA) as a result of ineeting and confemng in good faith conceming the���ages;hours and
other terms and conditions of employment,pursuant to the Employer-Employee Relations Policy of
the City of Chula Vista and the Califomia Govemment Code Section 3500 et. seq., known as the
Meyers-�4ilias-Brown Act.
ARTICLE 1.02 RECOG\ZI'IO.N
The City recognizes SEIU�C��EA as tbe exclusive representative for emplo��ezs in Classifications
listed in Appendi� A.
ARTICLE 1.03 CITY RIGHTS
The SEN\CVEA a�ees that the City has the rigbt to unilaterally make decisions on all subjects that
are outside the scope of bareainin�.
The exclusive rights of the Cin� shall include, but not be limited to:
a. Establish, plan for, and d'uect the work force towazd fl�e organizational goals of
the Cim eovemment.
B. Determine tbe oieanization, and tbe merits, necessity, and level of activiry or
service providzd to the public.
C. Determine the City budeet.
D. Establish,regulate;and administer a merit or civil service system which provides
for all hpes of personnel transaciions,including,but not limited to, deternuning
the procedures and standazds for the luring, proinotion, transfer, assienment,
]ayoff, retention, and classification of positions in accordance with the City
Cbarter, Ci�-i1 Sen�ce Rules, and established personnel practices.
E. Discipline or dischazse employees for prope;cause.
F. Determine thz methods;means;numbers;and kinds of personnel,and the job or
position content required to accomplish the objectives and Qoals of the City.
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Resolution?vo. 2013-I S4
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� G. Subcon�act out �ariow services currentl�•performed b� Ci�•��ork iorc: when
' such acrions«ill resul� in cost savines co the Cirv.
H. Effect a rzduction in authorized positions.
I. Takz actions nzcessan•to cam°out the mission of the Cin in emzreznciz;and in
other siruations of unusual or temporan circumstances.
J. Continue co exzrcise efficient and productive manaQemenc practices consistent
„�th federal and srate la��s and in compliance ��ith the Cin° Chaner and Cirv
ordinances.
Terms and conditions set for[h in this \40li represent the full and complete understandino ben��een
the panizs. During the cerm of chis\40li, che SEIUICVEA expressl�•«ai�es che right co meet and
confer with respect to an. subject co��ered in this '�40li; unless modified throuah the �oluntan�,
mutual consent of the parties in a«ritten amendment. This�40li terminates and supzrsedes thosz
partial practices; aarezmencs, procedures,,uaditions, and rules or rzeulations inconsistent n•i�h an}•
matters co��ered in thz\40li. Ihe.par[ies agree that durins the ne2otiarions that culminated in this
�40ti;each pam enjo�ed rhe oppommin•to make demands and proposals or countzr-proposals�tiith
respect to an}�maner, even choueh some matters ��ere proposed and later��ithdra"n; and that the
understandines and agreements am�ed at after the esercise of that rieht and oppommin°aze eaecuted
in this �40li
� The Cirv`s esercisz oT it; manaQement rishu is not subject to challenee throuoh the 2rievance
procedure or in anc other forum; etcept ��fiere othen�ise in conflict u•ith a specific term of this
�40ti.
�RI'ICLE 1.04 C��E�RIGHTS
I. .4uthorized representatives\ste�vazds of the SEILICV'E.A shall be allo�ed reasonable access
to unit emplo}•ees durine workine hours for che. purpose of consultina regazding tbe
emplo��er-emplo�ee relationship;provided chat the���ork opzration and service to the public
aze not unpaued and the authorized representatives shall have eiven advance notice to.and
been �anted authorization b�, the Appointino Authorita or his or her desianee when
contacting unit zmplo}ees during the dun� period of the emplo}�ees. The 3ppointino
Au�horiry or his or hzr desi�ee shall determine the appropriate tu-ne forsuch acczss.
:�. SEIli\C�-EA ma�'dzsi�ate up to eiaht (8) representatives�ste�vazds (in addition to
the Pr:sidznt and 4ice-President) uho «ill be allo„ed rzasonable access to uniz
employez;.
- CVE;;MOU07/Ot/i:>--06/30/1�
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Resolution No. 20li-184
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II. The SEIti\C\'E9 mav be granted use of Cin� facilities bv the.appropriate Appointing ,
Authorin for meetines composed of unit employees;provided such meetings are held ouuide
reeulazl��scheduled��orkin�hours for the�roup which is meetine;and pro��ded space can be
made available without interfering with the Ciq�needs.
III. The Cih� �azll provide bulletin boazds in each building housing SEIU�CVEA represented
employees for the exclusive use of SEIU�CVEA. The SEIU�CVEA shall be responsible to
maintain space provided in an orderly condition and shall prompily remove outdated
materials. Copies of such communications shall be fumished to the Director of Human
Resources for review.
IV The City shall bill SEIU�CVEA �0.10 per member pzr pay period for the full costs incurred
for dues deduction on behalf of SEIU�CVBA.
V. SEIU�CVEA shall be prorided,upon request,such literaiure and public documents as may be
necessary(i.e.;Cin�budget,Civil Service Commission meetings,open Council conferences,
eic) when the requested documents aze not available on the Cin�'s intranet in a manner
consistent���th the Califomia Public Records Act. .
:4RTICLE 1.05 LABOR-MANAGEb�NT COOPER�,TION
The parties a�ee rhat during the term of this MOU, they will continue to participate in efforts to
contain health care costs. The Cip� and SEIU�CVEA a�ree that they �ill continue to have open
discussions on maners of concem to fhe parties during the term of this MOU.
Contractine out of Citt�services currently performed by SEILT�CVEA is an important issue to both
SEILJ�CVEA and the Cih�. As a result, the City and SEILJ�CVEA a�ree to form a commirtee
("Contracting Practices Committee')to discuss,evaluate;and make recommendations in eood faith
reQarding the Cih�contracting out services. The Contracting Practices Committee would be formed
and meet within 30 days of signing tivs Memorandum ofUnderstanding,unless otherwise a;reed by
the parties. The Contracting Practices Comnuttee shall be composed of an equal number of
representatives from the City and SEIU�CVEA, with each party selecting their own respective
members. The Cin�and SEIU�CVEA may mutually agree to make the aforementioned Conuacting
Practices Commitiee a standing committee. In the altemative, the City and SEIU�CV�A may
murualh agree to form a separate committee with such duties and roles as may be agreed upon.
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' � ARTICLE 1.06 TER��:1\� EFFECT OF THIS �g�10R�\�L-11 OF
U1�ERSI'�\`DL1G
I. Thi��40li shall remain in full force and effect from Juh• 1, 2013 rh*ough June 30;201�(the
dxte closest to Jul}- 1 that is the end of a pa� period)and it is understood and�areed that the
cerms;conditions;N�aQes,and all pro�isions oi this MOli shall concinue in effect until a new�
D40li is negotiated and subsequentl} ra�ified b�'the SEIli�C\-EA and adopted b�'the Cin
Council.
IY eirher pam proposes to modii}•or cerminatz an} of the terms or conditions set fonh in this
�40li Yor inclusion in a subsequent?�10ti,the}•must notif��the other pam in Hriun_not lacer
than Fzbruan°2S; 201�. SEILIC�'EA�iill endeavor to submit��ritten proposals to the Cirv
by Februan 2S; 201�. Cin'aerees that if�arinen proposals aze received from SEIL�C��E9
b��Februan°28;201�,Cin Nill bz prepared to commence negotiazions on those proposals b�
D4azch 1�. 201�.
II. The pro�isions oi this \40li shalLbe subjzct to federal, state; and local la«.
III. If at an� timz during the term of this \-fOli; through causes beyond the control of the Cin•,
the Cin dozs not have a sufficient amount of andcipated budgeted re�°enues or is required to
make substantial unanticipated expendirures,then;in such e�ent;the Cin�ma�,�+zch mutual
aereemenc of che SEI[llC���EA.re-neeotiate this?�40U and meet and confer on waees;hours
and other terms and conditions of emplo�mznt. This section;however,in no wav affects the
existing right of the City to lay-off employees.
:�RIICLE 1.07 AIOti RE�TSIO\S
"Ihe Cin� and SEIli�C�-EA affee chac durin� thz term of the �40li the} «�ll continue to meet and
confzr on changes to thz format and lanwaQz oi the�40li if necessan. Ibe purpose of the proposed
chanses is to reconcilz the �40ti �ith the Gi�il Service Rules; the Emplo}•er/Emplo}ee Relations
Policv; and othzr Cin policies and procedures; and to insure the ]anwage of the MOli accuratel}
reflecu Ciri�practicz.
The Cin�aarees to«ork u�ith SEILICVEA to besin the review process and discuss a timeline to meet
�ith all bazgainina units to update the Emploper/Emplo}'ee Relacions Policr'.
:4RTICLE 1.09 RETENTIO\` OF BENEFITS
The represenced enplo}ees covered b� this\40ti shall retain all benzfiu pro�idzd in this\40li for
tbe full term of this �40li and for an�� such additional period of tune as prorided in ar[icle 1.06.
" CVEA MOU 07/Oi/13—G6/30l1�
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Resolution No. 2013-184
Page 11
Benefits,riahts; or privileges not specificall} co�ered bv this A70U;but subject to the A��a,can
onl�� be chaneed afrer completion of applicable meet and confer requirements, unless other�aise
a�eed upon b��the Cin� and CVEA\SEN.
ARTICLE L10 SAVINGS CLAUSE
If any ar�icle or section of this D40U is held to be invalid by operation of law or by any court of
eompetent jurisdiction,or if compliance with; or enforcement of,any article or section is restrained
by such court; the remainder of this D40U 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 mumally
satisfactor}�replacement for any ariicle or section invalidated by operation of law.
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Resolution No. 2013-18�
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`� SECTION II CO�iPE\'S�1TI0�
StiBSECTIO� �. «'_�GES
:�RrICLE 2.01. R'�1GES
I. Salaq adjusunents shall be made as follows:
,A. For Fisca!-7'zar ("F1'") 20li-14:
1. S�ine the iust full pa}-period afrer a`arzemenc b�•rhe parties and approval b}
Cin Council of a successor D40li to thz current\40li(set to expirz June =0; 20li)
ben�zzn the Cin° and CVE:�/SEN, all CVEA/SEN represented emplo}ees shall
reczive a 2% salar�• adjustment.
2. Afrer agreement bv the parties and appro��al b�°Cin°Council of a successor D40li
to the current D40ti.(set to espire June 30,2013)ben��een rbe City and CV�EAISEICi;
in the first full pa} period of January 2014, all CVE�1SEN represented emplo�•ees
shall reczive 1% salan�adjustmenu.
3. Ihe aforementioned salan� increases arz not retroacti�'e. .
B. For Fiscal-1'eaz 2014-201�:
I. Either pam•ma� request a reopener on the issue of salar��increases onlv. To
reopen, either pam must send a uTitten notice b�•.�4azch 1, 2014 that it dzsues to
reopen on the issue of salarv increzses.
C. The parcies a�ee to discuss che Cin's Qualiry �T��orkforce Pro�ram_(QR'P) under the
terms of the related sidz letter«•ith the goal of complering the discussions bv\4azch 31;201?.
II. A4erit (Step) Increases ��ill be made according co thz formula set for[h in the Civi] Service
rules currznth� Lz zffect.
The classifications shall bz subject to a fi��e(�) scep salarv ranse. The normal hire ratz sha11
be Step°A"provided;ho«e�er,that an zxczptionall}��-ell-qualified candidate mav be hired
bevond Step `:�" �7thin the established ranee based upon the recommendarion of the
Appointina Authorirv and the Director of Hur.ian Resources and appro�al by the Cin
Manaeer.
III. Effecti�°e Dates - All other pa�T011 and�a�age chanezs, such as regular merit increaszs. shall
�' �
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Resolution No. 2013-184
Page 13
be made effecri��e at rhe beainning of the reeular biweekly pa�TO11 period closest to the
emplopee's actual anniversarv date as a benefited employee in his oi her current position.
IV. Rate of Pay Followina Promotion-When a represented emplo��ee is promoted;the new rate
of pa}� 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.
ARTICLE 2.02 OVERTIME
I. Definition - ��'hene�er an employee is ordered to work more than 40 hours in a work week
he or she shall be granted o�enimz pa}� at the rate of 1 '/z times his or her Fair Labor
Standards Act (FLSA) "Reeular Rate", compensatory time off at 1 '/z times the eaua hours
���orked; or upon employee request and ���ith the approval of his or her supervisor and
Appointing Authorin,the emplo�ee may take off d�e number of ovenime hours worked on a
siraieht-time basis within the same work week. Overtime work shall be pemutted only at the
direction and advance approval of the employee's immediate supervisor. Pavment for
overtime shall be made during the pay period in which the overtime was earned.
"Time\§'orked" -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. Administration of Overtime - All tune worked in addition to the �iork week ���ith the
exception of insienificant amounts of°hours worked" will be counted tow�ard the 40 hour
work week. Insignificant amounts of hours worked is defined as any time ti�orked outside the
regular schedule that is]ess than 15 minutes in a day, unless rhe definition is chan�ed in the
Federal Reeulations or by court action.
IIL Mea]Break-R'hen employees are required to work over four hours overtime,they shall be
granted a 1/2 hour_unpaid meal break.
N. When employees aze assigned to work scheduled overtime, that is not directly tied to their
beginning or ending��ork hours,there will be a minimum of two (2)hours paid overtime,at
1 'h times their reeular rate of base pay.
ARTICLE 2.03 CODZPENSATORY OVERTIDZE
A record of compensatory o�enune eamzd and used shall be maintained on the biweekly pay
records. Compensatory ovenime shall not be accrued to an employee's credit for any time in excess
of 80 hours.
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Resolution No. 2013-1 S�
Pa�e 1�}
` � I1�z decision to rzimburse for ovzr•.imz hour;�;orked��t'ti compznszton time off in lieu of pay NZll
bz at the discretion o?the zmplo}•ez fo:'ue first?0 hour:per eacb fiscal�•ear;but afrer":0 hours each
fiscal reaz it shall be at �he disc:etion of.thz supzn'isor a�d Appoincins Authorin• based on the
empio}ze's request w-hile recoanizing the orerall dzpar�ment.staffina requirements.
�RTICLE 2.Od C:1LLB�CI�P�1I'
An zmployee called at home durine non-wor�-ing how s«ho performs«�ork on behalf of the Cin-will
recei�e a S2� stipend. If the emplo}'ee cannot complece the task from home and is required to renun
to �ork Callback pro�isions of the \40li apph. The S2� stipend ��ill be paid in addition to an}
compensation eamed pursuant to the Callback pro�isions.
SETUIC�%EA and the Cin•�-i11 meet and confer to create widelines for unplementation of this stipend
anicle. tintil euidelines aze aereed upon and unplemznced; requesu for stipend pa}�nent ��ill be
considered on a case-b�•-case basis.
�lbenecer emplo}ees are called back to��ork afrer the� have lefr theu��ork site and aze requued to
rzrum to w'ork before the scheduled siar[ of the ne�t shift; thev �iil] receive S60 in addirion to a
m;n;mum of nz�o(2)hours of o��ertune pa��.
9n}•combination of hours worked on the callback and hours of leave requested that exceed eight(8)
- uill be paid at the o��enime rate. The callback bonw and n�o(2)hour o�enime minimum�t�ill onl�
apply Hhzn the emplo�•ee has not been notified of the date and time of the callback prior to leavine
the work site. An} cemporarv chanees to an emplo}'ez s regulaz�ork schedule shal]not be used to
avoid callback.
�RTICLE 2A5 SAF'ETI' �L�\�fiTED REST PERIODS
Section ?.05.01 PSO Rest and Recocen�
It is the purpose and intent to provide guidelines co emplo}ees and cheir supervisors to ensure
Police Sen ice Officers recei��e an adequate rest period bzn�'een��ork shifrs in order to perform
their«ork duties in a safe and efficienc manner. This intent is a"��•ork in proeress" and may be
modified at an}�time upon murual consent of che Cin and the linion.
It is the intent of the Cin� and the linion to allo�'for a m;n;mum of se�en (7)total hours for rest
and recover}�during any eiven 24-hour period.
Afrer a PSO has �i•orked sisteen (16)paid hours in anv given 24-hour pzriod; the employee has
the option to take a minimum of se�en (i) consecuti�e hours off for rest and recorer��prior to
ren�mino for work or call back. If anv ponion of thz rzquired rest pzriod extends into tbe
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Resolution No. 2013-184
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employee's normal work shifr,then the Ciry will pa}�;how-for-hour up to a maxunum of four (4)
hours,that portion of the rest period extendina into the employee's normal work shifr.
Section ?A�.02 Forensic Specialists Rest and Recovery
Ii is the purpose and intent to provide euidelines to employees and their.supervisors to ensure
that Forensic Specialists receive an adequate rest period beh��een work shifts in order to perform
their w�ork duties in a safe and efficient manner. This intent is a"��ork in pro;ress and may be
modified at am�time upon mutual consent of the Cin� and SEN\CVEA. .
It is the intent of the Citp 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 shift (8 or 9) paid hoursin any given 24-hour
period and is called back to work before the start of their normal 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 during the
employees normal work shift.
If, as a result, the emplo}�ee would work less than a full shift upon retuming to complete their
normal H�ork shifr;the employee shall have the right to submit a leave request for the remainder
of the���ork shifr and will not be required to retum to v.�ork for fliat shifr.
For all other conditions; such as multiple callbacks or when an employee has N�orked more than
twenty-four (24) hours dwing rhe fort}�-eieht (48)hours during the weekend; the above
provisions shall also apply.
Secfion 2.05.03 General Rest and Reco��ery �
It is the purpose and intent of this rule to pio��ide guidelines to employees and their supervisors to
assure that employees wbo are im-oh ed and work in and around construction sites, uaffic; and/or
hea�ry equipment and machinerv xeceive an adequate rest period between work shifrs in order to
perform their work duties in a safe and efficient manner. This rule may be modified at an��time
upon mutual consent of the City and SEIU�CV�A.
Afrer an employee has worked sihteen(16) paid hours in any given 24-hour period; the employee
sha11 be required to take a muumum seven (7) consecutive hours off for rest and recovery prior to
returnin� for work or call back. If any portion of the required rest period extends into the
employee's normal w�ork shifr,then the City will pay, hour-for-hour up to a mahimum of four (4)
hours, that portion of the rest period extending into the employee's normal work shift. If, as a
result, the emplopee N�ould wock less than a full shift upon returnins to complete their normal
work shift, the employee shall have the rioht to submit a leave request for the remainder of the
work shifr and wil] not be requued to return to work for that shift.
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, ;
For all other condirions, such as muhiple callbacl's, the emplo��ee shall be required to have a
ninimum of seven (i) total hours for rest and reco��ery durine anr gi�en 2�-hour period. If an�'
por[ion of the requued rest and reco�er� period e�Zends into the emplo�ee's normal u�ork shifr,
then che abo��e pro��isions shall also appl�•.
Secrion 2.05.04 Police Dispatcher Rest and Reco��en�
Iz is the purpose and intent to provide mudelines to emplo}�ees and cl�eir super�-isors to ensure
Police Dispatchers receive an adequate rest period beni�een work shift; in order to periorm theu
Hork duties in a safe and efficient manner. This intent is a "«�ork in progess` and mav be
modified at anv time upon mutual consznt of the City and SEIUIC��EA.
Ic is thz intent of the Cin•and SEILIC��EA to allo�; for a minimum of se�_en (7) consecuti��e
hours for rest and recovery durins an� 24-hour period.
:�frer a Police Dispatcher has worked sixteen(16) paid hours in anv eiven 24-hour period; the
Appointine Authorin'may require.the emplovee to take a minimum of seven(7) consecutive
hours off for rest and recovery prior to reruming for work or call back. If any portion of the
required rest period eztends into the emplo�'ee's normal work shifr;then the City will pa}�; hour-
for-hour; up to a maximum of four(4) hours; that portion of the rest period extending in2o the
emplo�ee's normal w•ork shifr.
�RI'ICLE 2.06 ST�\�BT P?,1
L Definition - Scandb}� duty is defined as that period of tune assi�ed b� the Appointino
Authoritv in addition to the emplo}�ee's normal woik�°eek durina�hich time the emplo}�ee
mast be available by Ciry procided cell phone or paeer. Hours spent on standby�ill not be
considered hours H�orked. Emplo}ees assi�ed to standby duty aze subjeci to the provisions
of Section 2.02 overtime.
II. Standb}�pa}�- Employees on standby shall be compensated at the ratz of S200 in additional
pa�•for each full work week during which they aze assianed to standby duty.Such employees
aze bound bv the Cin's Substance Abuse Policv w•hile on standbv dur}.
_�,RI�ICLE 2.07 OtiT-OF-CL�SS ?,SSIG\1fE\T
L
An emplo��ee w-i11 earn out-of-class (OCA) pa}�; a m;nimum of 7.�% abo�°e the
emplo}•ee's current salan� rate up co a maximum of I�%; whzn desi;nated; by a
supervisor, as working out of class and has worked a full dav's shifr (be it 8; 9; or 10
� .
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Resolution No. 2013-184
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bours. consecuti��el}�, depending on their works schedule) or more in that OCA
designation. lipon workins tl�e full day's shift in the OCA designation; the emplocee
shall be compensated OCA pay beginning the first hour they began work.
I
For employees in the police dispatcher classification only,they��ill earn OCA pay�ahen
they have been desionated, by a supen isor, as workine out-of-class and the}� have
worked 8 hours or more in that designated OCA position during a given 14-da}�,
biweekly,pay pzriod.
II. If the out-of class assignment]asts in excess of 6 consecutive months;the employee will
receive an additional �%compensation. Lncreases greater than 5%must be approved by
the Director of Human Resources. Requests for out-of-class compensation shall be
submitted by the Appointing Authority on a"Payroll Change Order RequesY' form as
percentage amounts only. __
III. The duration of out-of-class assi�nments shall not exceed twelve months.
ARTICLE 2.08 SPECIAL PROJECT PAY
SEILT�CVEA represented employees may be eligible to receive a maximum of 15%above theu base
pay when assiened by the Appointing Authority or designee and approved by the City b4ana�er and
the Director of Human Resources to a"Special ProjecY'.
ARTICLE 2.09 FIELD TRAINIl�`G OFFICER PAY
A. SEI[J�CVEA public safety employees who aze designated by the Appointing Authorih�as
Field Training Officers (FTOs) will be paid an additional �2.40 per hour when they aze
actuall; ensaoed as FTOs.
B. SEI[J�C\%EA employees�i�ho are desienated by the Appointing Authority as a Formal
Trainer�i11 be paid a twenry ($20) dollaz stipend for each 8 hour day that they are
acrually eneaoed in formal training activities. Formal training is training designated by
the Appointin2 Authoriry in advance and has been determined that it is more cost
effective to have the training provided intemally. Employees must be recognized by the
Appointin�Authority as having tbe requisite qualifications for requiied certifications
and/or licenses to provide training to employees.
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Paoe 13
� Resolution No. 20li-18�
Paee 18
l
�RTICLE 2.10 BILL1'GtiAI:P�Y
Ihosz zmplo�'ee;w�ho;upon the recommendation oi thz Appointina Authoritv and appro�'al of the
Dir?ctor of Human Resources; aze regulazl}'requued to use theu bilinwal skiils in the performance
of thzir duues �ill receive 5100 per month in addirion to their re2ular pa�. tipon appropriate
approval, emplo}•ees requestine bilineual pa}�m�st ,uccessfulh-complete a Bilineua] Performance
Examination. Employees H>ho�;�sh to continue receirine bilineual pa}�must successfullv complete a
Bilinmial Performance Exanunation once every three (3)}ears.
ARTICLE ?.11 SHIFT DIFFERE\TL�I:S
L In addition to their regular salan�_ SEILIC��EA represented emplo}ees shall recei�e e�tra
compensation of SSO per bi��eekl}�pay period(onz iune per pav period)under the condiuons
listed below. linder no cucumstances shall an emplo�ee recei�•e compensation for more than
one of these conditions during an��one pa}-pzriod:
A. �t'hen scheduled to�rork a majorirv of their shift afrer�p.m.or before 8 a.m.
for a majoritv of a H�ork���eek. (6:00 am.— 4:00 p.m. in Public �Vorks)
B. «�hen reeulazly scheduled dail}���ork shifts are regulazl}�split by tH�o or more
consecutive hours for a majorin�of a work week.
C. �Y�hen reeulazly scheduled shifrs result in split shifts which do not allow for
tw�o consecutive davs off. .
II. In addirion to their re2ular salarv;PSO's and Dispatchers rewlazly assi�ed to the graveyazd
shifr shall receive shifr differential pa��in the amount of 5100 per pay period(one time per
pay period) (`Gra�e��azd Differential"). PSO s and Dispatchers recei��ine Gra��e}�azd
Differential shall -not receive zny other form of shifr differencial pay. _4 PSO and/or
Dispatcher n°ho is temporarih� assiened to grave �azd shifr (including o��ertime), but not
rewlarl� assioned;shall not recei��e the shifr diffuzntial pav stated in this para�aph,but mav
be elieible for shifr differential as set forth in Section I.
Dispatchers shall be deemed to be�;�orking gave��azd shifr if the�•(1)�vork for four or more
davs in a rwo���eek period and(2)the majorin of their shifr is���orked during the tune period
between 12 am and 6 am. PSO's shall be deemed to be workins�ave}�ard ifthec(1)work
four or more da�s in a n�-o�+�eek period and the majorit��of their shifr during the time period
ben�een 10 pm and 6 am.
III. A nioht shifr differential shall not be paid for scandb� dun�.
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IV. \otice of Chanee in R%ork Schedule
Thz Ciry �ill suive to give at least fourteen calendaz da}�s (14 calendaz da��s) notice to
emplo��ees when management inivates a change in an employee's work schedule except in �
� cases of emereencies. �
.ARTICLE 212 �ZII:EAGE REII��IIRSEAIENT
Employees shall be subj ect to the City's Mileage Reimbursement Progam 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 EQUIPDZENT
Safet��equipment and trauiine;including appropriate,approved,self-defense training such as"pepper
spray use"will be provided to employees as recommended by their Appointine Authoriry;and�ith
the approva] of ttie Risk?�4ana�er.
ARTICLE 2.14 PROTECTI�'E CLOTHING
A. Employees are eligible to be reimbursed up to $150 per pair,as needed and when approved
by the Appointine Authoriry,for the purchase of safety shoes when it has been determined by
their Appointing Authority or the Risk Manager,that because of their duties,the wearing of
safery shoes is required and up to$200 per pair,as needed,when approved by the Appointing
Authority for the purchase of specialty lo�ger boots.
B. In order to promote a safe working environment and protect employees from eye injury,ciry,.
employees aze required to wear eye protection whenever a task involves the possibility of
preventable eye injurv. All eye protection devices must be of a type appropriate for the
anticipated hazards and accordine to Cal-OSHA and must meet or exceed ANSI Standazd
zs�.i.
Citv employees required to�i ear corrective lenses while driving as indicated on theu Drivers
License or for seein� close up �ill be provided corrective safety glasses throush a City
pro�ram. Emplo}�ees Nill be allowed prescription glasses on a one pair per employee basis
bi-annually. If prescription safeh�elasses aze damaged as a result of a workplace hazard;the
supervisor shall request a replacement pair. If, ahead of the normal replacement schedule,
prescription safen� glasses are lost or damaged because of non-work related reasons,
employees will replace the prescription safety glasses at their own expense.
Employees participating in the safeTy glasses program will be allocated$175 which will be
used to pay for the basic frames,lens sn�les;lens materials,shading options,UV and scratch
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Resolution \o. 2013-18�
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'.; ' rzsistant coacing. Employees ma��select fearures,bzvond what the Cin'co�'ers,at their oHn
e?�pense; but personal options shall not confucc with the priman purpose of the elasses. IT
the cin'cendor does not pro�'ide the abiliry for the emplo�ee to choose options beyond�-hat
thz Cirv co�ers. the emplo�ee �11] be able to obtain safet�� glasses through an altemari�e
�endor and be reimbursed up to S 17� for the basic cocered cost for basic frames,lens sn°les;
lens materials, shadine options. L�' and scratch resistant coatings.
ARTICLE 2.15 TOOL �1I:L0«'.�\'CE
Emplo}'ees in classifications required to purchase and/or replace appro�'ed tools used in a work
capacin� are elieible to receire 56�0 per fiscal �eaz. \4echanic Assistants who purchase and/or _
replace tools used in a w�ork capacip-��ill receive 52�0 per fiscal �°eaz.
:�RTICLE 2.16 U1gOR�4S
I. The classificarions listed in Appendu B��ill N�eaz uniforms supplied and mainrained bv the
Cin�. Five uniform chanees will be made a��ailable ro each employee each week. Employees
will be held responsible for the loss or misplacement of said uniforms. In the event of
uniform loss. the emplo��ee �ill be requued to reimburse the City for the uniform's
replacement unless emplo}�ee can sho�� non-neglieence on emplo}�ee's par[.
•�
II. The City�iill rzunburse employees in the classifications listzd in Appendi�C for uniforms
and Nill provide a uniform cleanine allow�ance of 517� per fiscal yeaz w�hen authorized b�
their .Appointing :�uchorin•. The allowance �tiill be paid during the month of June to
emplopees who have spent more than �0% of theu �orkine bours in uniform durine the
fiscal veaz.
III. The Cin�k-i11 pro��ide uniform shorts to emplo�ees in classifications listed in Appendic B
and will reimburse emplo}�ees in classifications listed in Appendu C for the purchase of
unifo;m shons when appro��ed by the Appointing Authorit� and the Risk\4anaser;
:�RI'ICLE 2.11 PROFESSIO\AL: E\Z2ICFL�IENT
Emplo}°ees represenced b� SEILIC��EA are elieible to panicipace in the Ciry`s Professional
Enrichment Proaram.
To qualif� as a reimbi:rsable e�pense, che emplo}�ee must dzmonsrrate a link to their currentjob or
cazeer path. Request� for professional enrichment reimburszment must be appror•ed b� the
emplo}'ee s supen�;or; prior to an��expenses being incurred. under the follo�ine tzrms:
• . Relevant uauune needs/requesu aze identified in performance eoals �
• Trainine to unprove current skills or help in cazeer advancement
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Resolution No. 2013-184
Page 21
• Emplo�ee shall;upon request, repon oudfollova-up afrer training
The annual Professional Enrichment Fund allotment for SEI[1lCVEA emplo��ees is �71;9�0. An
emplo}�ee is eliaible to receive up to�1.000 per fiscal year for professional enrichment. Funds ma�'
be used at anv time during the fiscal year. Fiscal yeaz reunbursements under the City's'Professional
Enrichment"w�ll be closed the second Thursday in June. Employees may request reunbursement for
professional enrichment expenses in accordance with Intemal Revenue Code Section 132, or any
other applicable state and federal law. Employees who do not exhaust the eligible annual allohnent
shall be elieible to carry over elieibility up to $2,000 over a maximum of two(2)consecutive fiscal
yeazs. �
Employees must receive approval from their Appointing Authority and the Ciry Manager's designee
before funds ma} be claimed for reimbursement. Reimbursements aze on a first come, first serve
basis until the funds ha�e been exhausted. -
SEIU�C\%EA and Cin-ma}; by mutual agreement,use up to one-balf of these funds for aereed upon
classroom uaining, oreanization development; or team building.
ARTICLE 2.18 CERTIFICATION PAY
For employees that meet the criteria of the Certification Pay Policy and who have obtained,at theu
ov.m cost, certifications/licenses that provide a direct benefit to the City by enhancing their
knowledoe and skills;above those required by iheir 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 certificates.
�
The request for cenification pay must be approved by the Appointing Authority and tbe 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 foi resubmitting requests for certification pay once
they have renewed their cer[ifica[e.
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Resolucion No. 2013-184
Pase 22
' SECTIO\' II C011PENS�rIO�
SL-BSECTION B BE\�FITS .
�,RrICLE 2.19 E�ZPLOI�EE BENEFITS
Employees aze eli2ible for benefiu if emplo}�ed:
�. Duecfl�'b� theCirv of Chula�%ista and
B. u orkine in a half time(40-hours)or more position in an 80-hour biweekl��pay period.
I. Cafeteria Plan
The Cin «ill pro�'ide to each represented emplo}'ez a Cafetzria Pl�n allotment to purchasz
benefits under Section 12� of the Imemal Revenuz Code. Ci�A\SEILi acknoN-ledees that
Section 12� of the IRC requires that the Cafeteria Plan be adopted by the City Council prior
to the znd of the calendar vear. Accordinelv. the Cin�and CVEA�SEN aeree:
1) That the parties will meet at che eazliest possible time to discuss Cafeteria
plan changes,
2) That the panies may prepaze a timeline/schedule to ensure umel�' and
expeditious discussions;
3) Ihat the parties sball en2age in 2ood faith discussions;
4) That if the discussions have reached impasse and there is sufficient time prior
to the required IRC plan adoption date or if boih parries other�ise aeree,the
pazties will submit the matter for non-bindins ad�isory mediation;with the
mediator chosen in the same manner set forth in the Grievance Procedure;
and
�) The Cip Council, to ensure tunel}�compliance�Zth Section 12�of the IRC;
may at an}�time in the month December unilaterally adopt tbe Plan Document
containins the specific pro�i;ions of the Plan (includine plan cbanses)
without mumal agreement and prior to the completion of pazagraphs 1-4 of
this section.
A. Enrollment
\ew1�- eli�ble emplo}•ees (neN° hires or those changins from an ineli�ible to an elieible
pocirion)uill be covered under The Cim's Cafeteria Beneiirs Plan effecdve their dace of hire
in that eligible position. All of the Cafeteria Benefits aze effzcrive from the employee`s date
of hire except the Dental Plans N�hich are zffective the first of the month followine the
emplo�ee s date of hire in an elieible position. Employees who fail to submit requued
benefit election forms Hithin 30 da}�s of theu date of zligibIlin�Hill automaticall�-be enrolled
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Resolution No. 2013-184
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in the Employee Only cacegory of tbe lowest cost City sponsored health plan available with i
the remainins balance of the Cafeteria Benefits Plan allotrnent being placed in the taxable
Cash option�Emplopees who fail to submiY 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 theu flex allotment beina placed in the ta�cable Cash option.
B. Cafeteria Plan Allotment � ��
1. SEIUIC�-EA represented employees shall recei��e a Cafeteria Plan allotment of
�11;886, effective calendaz yeaz 2013, to purehase eligible benefits. Eligible part-
time employees will receive an allotment in the proportion that such part-time
emplo}ment bears to full-time emplo}�nent.
2. To maintain relative buying power to purebase health ben�fits from the Cafeteria
Plan Allotment annually,thereafter,the City will s]�are the averase cost increase of
the full-family non-indemnity health plan premiums on a 50/50 basis with members.
The Citn�`s share of the cost increase will be added to the beginning Cafeteria Plan
allotment at rhe next available plan year(January 1). The City agees in the event of
a premium decrease; there will be no decrease in the Cafeteria Plan allotment.
C. Available Cafeteria BeneFits
1. Health Insurance (Mandaton�)
From the Cafeteria Plan allotment; each represented emplo}�ee 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 coveraLe for his or her qualified
dependents under the same plan selected by the employee.
The emplo}�ee,ihrough payroll deductions,will pay any premium cost in excess
� of the Cafeteria Plan allotment. �
2. Dental (Optional)
Represented employees will be eligible to participate in any City sponsored
group dental p1an. Any difference between the employee's avaIlable
Cafeteria Plan allohnent and the premium for the selected plan w�ll be paid
by ihe employee tluoueh pa��oll deductions.
3. Dental/b4edicalNision (D/MN) and
CVEA MOU 07/01/13-06/30/15
PaQe 19
Resolution ?�b. 2013-1 S�
Pa�e 2�
Dzpendent Caze Reinbursement Account; (Optional)
Represented enplo}°ees ma} allocace a ponion of their Caieceria Plan
allotment to either of these reimbursement account options.
4. Vision (Oprional)
Represented emplo}°ees �>ill be eligible to panicipate in a Cin sponsored
group vision plan. Any difference between the employee's available
Cafeteria Plan alounent and the premium for the selected plan Hill be
paid by the emplo}ee throuah pa�-ro11 deductions.
5. Cash (Oprional)
Represented emplocees ma��allocate a ponion ofiFieu Cafeteria Plan
allounent to a raxable cash pa}ment. These payments wil] be paid to
employees on a pro-rata accrual t�•o tirnes per benefit}•eaz.
6. ' Flexible Spendine Accounts (FSAs)—Health Caze and Dependent Caze
Represented emplopzes �i�ll be eligible to par[icipate in the nvo Flexible
Spending Account(FSA)options offered by the Cin�. Emplo�•ees ma��elect
to set aside a porcion of cheu salarv;on a pre-ta.a basis;to fund eligible healch
' caze and dependent care expznses. If the Cin•does not meet IRS reeulations;
or if the IRS reQulations chanae for am� reason; this benefit ma� be
discontinued. �
The Cin�reser�°es the ri�t to contract«-ith a Ihird Pam .4dmuustrator for
the adminis�ation of FSAs. Ihe Ciry.will pa}�the start-up costs associated
�ti�ith third pam administration. Panicipating employees �tiill pay any
required fees (monttilv, per employee, per transaction, etc.).
D. Short-Tem�/Lone-TermDisabilirv
The Cin• a�ees to contribute tbe amount necessarv to pro�ide short-term
disabilin'and lono-term disabilin•protection for each representzd employee.
Shon-Term Disabilirv-A thiny(30)day elunination period uith a s,aximum
benefit subject to, and in accordance with; the provisions set b� the group
disabilin plan.
Lons-Term Disabilin�-A ninzty(90)da} eliminauon period�ith a mavmum
benefit subject.to, and in accordance �ith; the pro��isions set b� che eroup
disabilin plan.
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Resolution No. 2013-]84
Page 2�
Disabilin�Plus-If the emplo5�ee has a loss of ttvo (2) or more activities of
daily livine (ADL); the}°will be eiieible for an additiona120% of their
monthlv eamines subject to the policy and contract pro�risions.
E. Retiree Healthcaze
The City will no loneer provide for subsidized retuee health caze rates by
offering a blended healthcare rate for employees hired afrer Januarv l;
2011.
ARTICLE 2.20 GROUP TERM LIFE INSiJI2A t�'CE
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$10,000 increments
through the Ciry's group insurance plan with employees paying the additional cost through payroll
deductions.
ARTICLE 2.21 RETIRE11E1��T
The Citv w�ll 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 Ciry Nill provide the follow2ng defined benefit formulas for local miscellaneous employees:
Tier 1 Local Miscellaneous 3% @ 60
Tier 2* Local Miscellaneous 2% @ 60
Tier 3** Local D2iscellaneous 2% @ 62
*1`Tew Ca1PERS members on or afrer 04/22/2011 through 12/31/2012
**I�Iew Ca1PERS members on or after O1/O1/2013
Tier 1: 3% @ 60 �
Local miscellaneous represented emplo}�ees in Tier 1 shall contribute 8%; which will be applied
to the Citv's conttibution to Ca1PERS for optional benefits. The following is a summar}�of Tier 1
Ca1PERS contract provisions:
A. One-Yeaz Final Compensation
B. Post-RetirementSurcivorAllo��ance
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Resolution\�o. 2013-184
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_ C. Crzdit for linused Sick Leave
D. ��Le�el 19�9 Survi�°orBenefit.
E. Dlilitar� Ser�ice Credit as Prior Service
F. Cost of Li��ine Allow�ance (2%) .
G. Post-Retirement Sun�i�•or Allow�ance Conrinuance
H. Pre-Retirement Death Benefit for Spouse
I. Rztirzd Death Benefit S�.000 -
J. Prior Service Credit
K. Emplo�'er Paid�4ember Conu-iburions reponed as eamines
I�ier 2: 2% @ 60
I,ocal miscellaneous represented emplo�'ees in Tier 2 shall contribute 7°/u;which�ill be applied
io che emplo}ee contribution to CaIPERS. The follo�ins is a summary of Tier 2 Ca1PERS
con�act provisions: �
�. Ihree-Yeaz Final Compensation
B. Post-Rerirement Sui�ivor Allo�+-ance
C. Credit for linused Sick I,eave
D. 4a Level 19�9 Survi�or Benefit
E. �4ilitan Sen ice Credit as Prior Senice
F. Cost of Livine .4llowance (2%)
G. Post-Retirement Survivor Allo��ance Continuance
H. Pre-Retirement Death Benefit for Spouse
I. Rerired Death Benefit S�.000 �
� J. Prior Sen-ice Credit � �
Tier 3: Z% @ 62
Local miscellaneous represented employees in Tier 3 shall be responsible for the full emplo}�ee
conuibution, �hich�ill be applied to che Ca1PERS emplo}�ee contribution. There is no
Emplover-Paid�4ember Contribution(EPD-iC). Final compensation Hill be computed based on
the hi2hest averase compensation durins a consecutive 36-month period; subject to the
compensation limit set b}• Ca1PERS. Conuact pro�-isions for Tier 3 benefiu «�ill be dztermined
by Ca1PERS pusuant to the Califomia Public Emplo�'ee;' Pension Reform Act of 2013.
ARI'ICLE 2.22 DEFERI2ED CO�ZPENSATIO\
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Resolution No. 2013-184
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CVEA members shall be elioible to participate in any approved defened compensation plan offered ' �i
by the Ciri.
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Resolution\'o. 2013-184
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� SECIION III HOLRS
.�RrICLE 3.01 R'ORIi PERIOD
I. The «ork period is a fixed and reeulaz rzcur,ing period of«ork hours during tbe seven
consecutive 2?-hour period;beeinnino aC 12:01 a.m.on Frida� momine and ending at 12:00
midnieht the follow'ine Thursdav evenino.
�. Public Safen�Dispatchers and Public Safety Officers uill be on call durine theu paid
meal break. As such.t6e��shall remain in the desienated azea durino the meal break.
ARI'ICLE 3.02 �':�CATION
I. Definitions For the purpose of this article.the definirions relating to vacarions as found in
the Civil Ser�ice rules shall apply.
II. Vacation
A. V'acation Accival -Continuous service: Each employee paid at a bi�veekl� rate who
has had continuous full-time active service shall bz enrided to �acarion w�th pa��.
� This benefit w211 be calculated based on 26 pac periods per fiscal year. The following
pro�isions shal] applv:
1. Employees w�ll accrue 80-hours durins the fust throu� fowth �'ears of service
(cumulatire to a total lea�e balance of 1 SO-hours). This benefit will be accumulated
at the rate of 3.07 working hours for each full bi�+•eeklc pa}� period of service
performed.
2. Emplo}ees will accrue and be elieible to receive 120-hours (cumulatire to a total
lea�-e balance of 260-hours) during the fifth tluough ninth }�eaz of service. The
benefiu�+�ll be accumulated at the rate of 4.60 worl:ing hours for each full biweeklv
pa� period of service performed.
3. Emplo}•ees ��ill accrue and be elioible to receive 160-hours (cumularive to a total
leace balance of 340-hours)during the tenth throuoh founeenth years of ser�ice.This
benefit Hill be accumulated at the rate of 6.14 H�orkine hours for each full biweeklv
pay pzriod of service performed.
4. Emplo}•ees will accrue and be elieible te receive 200-hours (cumulati�'e to a total
leave balance of�20-hours)durins the fifreenth and succeedins}'ears of senice.This
bznefit�ti�ll be accumulated at the rate of 7.70�•orkins hours for each full bi�'eekl�'
pav pzriod of service performed.
r ',
,
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Resolution No. 20U-184
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ii
5. Vacation accrual rate changes �2ll become effective at the beainnino of the pay
period dosest to the actual date which includes the emplo;-ee anniversary date of
benefited starus.
6. V acation sell back—?11 members of represented classiFications who have completed
at least five(�)years of service shall have the option of selling up to 60-hows of said
vacation back to the Cin�one time per fisca]yeaz. The accumulated aacation balance
will be reduced accordin�ly.
B. Each part time employee paid at a biweekly rate shall be entitled to vacation ��ith
pay. The number of working days of such vacation shall be computed on the basis
set fonh in subsection (1); (2), (3), or (4) and shall be in the proportion that such
part-time emplo}�nent bears to full-time employment. _
C. Employees separated from City service,whether voluntarily or involuntarily,shall be
granted all of the unused vacation to which they aze entifled 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 portion of an hour being considered a full hour.
A Vacation Use-Vacation]eave balances shall be reduced for actual tune not��orked
to the nearest quarter hour. Absences may not be charged to vacation not already
accumulated.
ARTICLE 3.03 SICK LEAVE
A. 9ccumulated paid sick leave credit is to be used for the sole purpose of protectine the
employee's wages in the event absence is made necessary because of disabiliry due to
the injurv or illness of the employee or members of their iinmediate family. For
purposes of this article, immediate family is defined as spouse; domestic partner;
child, stepchild,parent, steppazent, sibling,pazeut-in-law,grandparent, or any other
person living as a member of the employee's immediate household.
B. Sick Leave Accrual - Computation of sick leave: Sick leave with pay is cumulative
at the rate of 3.69«�orking hours for each biweekly pay period of active service,96-
hours annually, beguuung at the time of full-time probationar;� employment. This
benefit is calculated on 26 pay periods per fiscal year. Permanent part-tune
emplo�ees shall receive sick leave pay in the proportion that such part-time
emplo�ment bears to full-time employment. A person who has held a position w2th
temporar;�or interun status and is appointed to a position with probationarv status;
w�ithout a break in service; may have such time credited to sick leave upon the
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Resolution No. 2013-184
Paee 30
recommendation of the Appointing Aurhori� an3 rhz Human Resources Director and
uith the approval of the Cin��4anaoer.
C. �4aximum Sick Leave Accumulation-linused sick leace ma� be accumulated in an
unlimited amount. ,
D. Sick Lea��e lise- Sick]eave balances shall be reduced for acmal time not worked to
the neazest quar[er hour for reasons allowable under this section. Absence for illness
ma� not be chazaed to sick leave not alread�-accumulated.
In order for sick lea��e to be appro��ed;the emplo��ee must call his or her immediate
supervisor or sick leave call in line�ithin one-hour of the tune to begin work. ff the .
immediate supervisor is unavailable, the emplo}•ee must leave word w2tt� a
designated individual that he or she is too sick to come to=w�ork or has a contagious
condition that would make his or her presence at che worksite dangerous for other
emplo}ees. In cases N�here it is impossible co call (e.e.; in bospital.unconscious;or
other leeitunate reasons)the super�isor shall u�thhold approval of sick leave until the
emplo�ee can explain whp he/she did not call nithin the one-hour. The immediate
supervisor will then make a determination as to the allowability of sick leave use.
E. Sick Leave�%eri&cation-The Cirv mav;in its discretion,require a doctoi s certificate
and/or a personal swom affidavit siatin2 that che emplopee is unable to perform the
essential functions of his or her job in order to detemune eligibility for sick leave. If
an employee is to be required to fumish a doctor's certificate;the emplo��ee sball be '
notified b�'his or her supen�isor that a doctor's certificate shall be required w•hen the
emplo�°ee notifies the City that he or she �iill be absent by reason of illness or
disabilirv.
Sick leave verification may be requested at any tune it appears chere is a pattem or
practice of sick leave use that could be related to abuse;regardless of«�hether or not
the individual has a sick leave balance on the books. Exhaustion of sick ]eave
balances does not automaticallv u-ie�er the verification requirement. \Vhen
verification is required, the employee must show immediate improvement. Sick
lea�e «ill then be monitored for a period of sia-months. If at an� time durine that
period there is any abuse of sick leavz; the emplo}'ee �ill be subject to disciplinary
action up to and including termination.
F. Sick Lea�e Reimbursement
l. Emplo}•ees usine thim�-two hours(32)of sick lea�e;or less.during che fiscal
}eaz; shall have the option of conrening n�•enn°-five percent(2�%) of their .
remainine veasly sick leave to pay.
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Resolution No. 3013-184
Page 31
2 Pa�� shall be computed based on the following schedule and all �
computations shall be rounded to the neazest whole hour:
REn4.AI1ZNG 1'EARL,Y SICK LEAVE P�Y OPTION (25%
96 hrs ?��s
88 hrs 22 hrs
80 hrs 20 hrs
72 kirs 18 hrs
64 hrs 16 hrs
�6 hrs or less p
3. Lf the pay option is selected, the paid sick leave hours shall be subtracted from
the employee's accumulated yeazly sick leave balance�The remaining sick leave
hours shall be cacried over and accumulated. (Example: Employee uses 32
hours of sick ]eave. He or she then elects to xeceive pay for 25% of the
remainin�hours as pa}�nent,or 16 hours. The 16 hours aze subtracted from his
or her remaining yearly sick ]eave and the other 48 hours are added to the
employee's accumulated sick]eave balance.)
4. Pa}�ment will be made durin� the month of July of each year. Pay wil] be
computed based on the employee's salary step on June 15.
5. Payment N2ll be made only to employees on the payroll hvelve(12)consecutive
months prior to the payoff calculation. Permanent employees who retire during
the fiscal yeaz N�ill be compensated under this plan based upon their forma]
retirement date. Prorated payments �dll not be made to an employee who
terminates during the fiscal year. However, in the evenf of the death of an
individual «�hile employed by the City, 100% of the emplo}�ee's unused,
accumulated sick leave will be paid to the appropriate benefioiary 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 exhausted his or her accrued leave due to a disabiliry caused by
prolonged illness or injury of the employee or a member ofhis/her immediate family,
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 hourly
increments. In order for employees to donate accrued unused sick leave as stated
herein;the donating employee must have a minimum 80 hours ofbanked unused sick
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Resolution ?�o. 2013-I S4
Paee 32
-�
lea��e for themseh�es. The donated sick leave ma�'not cause the donatins emplo}ee
to fall below the m;n;mi:m hours required to be banked as statea herein and the
donatine emploti�ee mav not donate more than a total of Z�bours of unased sick leave
in an�� fiscal ��ear.
:�RTICLE 3.0� BEREA��EnSE\`I' LE?,��E
R�hen an emplo}�ee«ith permanentstarus is compelled to be absent from�iork becatise ofche death
of an immediate family member as defined b�� the IRS; or any ocher person li��ine in the same
housebold as the employee or an immediate familv member ofthe employee's spouse;and afrer such
emplo��ee makes«ritten request and receives�Titten approval from rheir Appointing Authoritrt,such
emplo�'ee may be allo���ed to use cheu accumulated sick leave; vacation, compensatory time or
floating holiday time for up to five (�) �i orking da�-s, plus.three (3)�a��el da��s.
�RTICLE 3.05 HOLID�I'S
Hazd Holida}•s for employees who«ork the tradiuonal Monday through Frida� «ork week will
be celebrated on the day that City offices aze closed. For the term of dus aoreement the
; folloNing aze the recoenized hazd holidavs:
LtiDEPE\`DENCE DAY JLZY 4`"
L_�BOR DAY 1"�40\�AI' L1' SEPTE��ER
V'ETERANNS' DAI' \O�'E1'IBER 11t6
TH.4\1zSGIVLI'G D?,1' 4`" THURSDAI' L�\'O�'E11BER
DAI'aF"TER TH.�,NKSGI�ING
CHI2ISTD4AS DAl' DECEAIBER 25`"
\�A'YE:�R'S D�1' J.�\�7ARI' 1"
�L4RTL�'I:tiTFIER�G,JR. D�1I 3rd �IO\�AI' L� J�\'ti:�Ri'
CES�R CHA��EZ DAI' �Z�RCH 31"
1IE�10RL�.L D�11' L aST�40NDA1'L� �Z�1
I. Hard Holidav Pav
A. Full tune employees shall recei�°e eiaht (8)hours pay at theu ieeular hourl� rate for ,
each hazd holidav. Permanent pan-time employees shall receive holida}'pav at theu
regulaz hourlv rate in the proponion that such permanent part-time emplo}ment beazs
to full-tune emplo�ment.
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Resolution No. 2013-184
Paee 33
B. For all emplo�ees(except for Librar; emplopees and full-time emplo��ees who work a !
4-10 work schedule or a 9/80 work schedule)if a hazd holida}�falls on the emplo��ez's
fust reeulazl� scheduled da} off,the holiday w211 be recognized on the previous da};
if it falls on the emplo}ee's second regularly scheduled day off; the holiday w�ill be
recognized on the follo��ing da��. If the eligible employee must work on the day to be
recognized as a hard holiday,the employee shall be paid overtune compensation in
addition to the hard holiday pay.
Overtune compensation, in addition to the holiday pay, shall be paid to eli�ible
employees who must woik on any hard holiday.
C. Employees who���ork a flexible schedule(a 9/80 or�F/10)and who cannot observe a -
normal holiday schedule:
1. If a hazd holiday falls on the employee's regulazly scheduled day off, the
emplovee will receive ei�ht(S)hours pay.
2. If a hazd holiday falls on an employee's regulazly scheduled���ork day and the
employee takes that da}�off;he or she w�ll receive eight(8)hours of holiday
pay for that day and may use the appropriate number ofhours of discretionazy
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 ���orks a hard holiday, the employee will receive the
appropriate holiday hours pay based on their established schedule plus time
and one-half for each hour actually warked.
4. If a represented permanent part-time employee works on a day to be observed
as a hazd holiday;the employee will receive boliday pay corresponding to the
employee's full time equivalent hours plus pay at time and one-half for each
hour«�orked.
�. If a hazd holiday falls on the regulazly scheduled day-off of a permanent part-
time employee or if a hazd holiday falls on a regulazly scheduled�rork day
but his or her woik site is closed in observanee of the holiday;rhe emplo}�ee
shall receive holiday pay conesponding to the employee's part time
equivalent hours.
For payment 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
workine a non-Mondav-Friday flexible work schedule OR the day when the
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Resolution No. 2013-1 S�
Paee 34
normal operauons of his or her depamnent or di�zsion aze closed for those
emplo�ees «'orking a Mondav-Fridav fizvble work schedule.
II. Floacine Holidars
A. Effectir-e the first pa��period in Jul}� of each fiscal ��ear of this �40li; emplo�'ees
shall be credited �iith eight (8)hours fioatine holida�-time each for Lincoln's
Bir�hda�, ���ashington's Binhda��; and Admission Day. Permanent part-time
emplo�ee;paid at a bi-weekl��rate shall be credited floatine holida}�time in the
proponion that such pan-time emplo}Tnent bears to full-time emplo}ment.
Emplo}'ees mav take floating holiday time at their discrerion; subject to stafFing
needs and with the approval of their Appointing Aurhorin.
L C�-E9 represented employees shall also be allotted eisht(8)additional hours
of floatine holiday.per ��eaz for fiscal veazs 20li-2014 and 2014-201�. The
eieht(8)hours ma}�be taken in the same manner as vacation leave. Ihe ei2ht
(8)hours must be used in its respecri�e fiscal vear,ma� not be carried o��er to
the next fiscal veaz, and ma� noc be cashed out.
B. Floaiins Holida�� lise - Employees usine floaring holidav time before the holida}
passzs and subsequently learing City service �vill be chareed for such time.
, Emplo��ees who do not use theu floating holida�-time before June 30 of the fiscal
veaz «ill lose sucb time. The smallest unit of time chargeable to floatine holida}�
time is one half hour.
:�RTICLE 3.06 JU-RY DUrY
Permanent and probationan�employees���ho aze called to serve on jur}�dun-for any counrv,state;or
federal coun within the San Diego azea shall be entitled to paid leave under tl�e follow�ne
circumstances: �
A. Thev must present to their supervisor the coun order to appear for jurv dun�at least
three(�)ti�eeks prior to their date to report.
C. 11ie zmplo�°ee must submit a dailv coun authorized: stamped time cazd accounting
for all hours of required service ordered b}�the cour[.
D. If jur} sereice and tra�el tune from court to H'ork is lzss tha�five(�)hours(6 hours
for a pzrson on a 9/80_plan; 7 hours for person on a 4/10 plan) in a �zrork dav, the
emplo}•ze is expected to rerum to work unless a justificacion is pro�ided and
appro�ed or pre-authorized leave is appro��ed.
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Resolution No. 2013-184
Page 3�
E. Employees who are required to serve jury duty on theii scheduled days off v,�ill not be
compensated for this time and mav keep any fees paid by the court.
F. If the employee is not required to report for jury dui}� on any particulaz da��(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 aze required to report for jury duty the follo�2ng day. This may include calling
the supervisor afrer or before normal working hours.
H. Absence due to jury duty will be submitted on the City]eave form.
I. Employees whose work week is other than Monday through Friday(8:00 a.m.to�:00
p.m.) may have their jury dury work day adjustments mad_e_by their supervisor.
ARTICLE 3.07 COURT LEAVE
Court leave is paid ]eave granted by the City to enable an employee to fulfill his or her dury as a
citizen to serve as a N�mess in a court action to N�hich the employee is not a party,before a federal or
superior court located within San Dieeo Counh�.
Court leave shall be lunited to:
A. Required attendance before a federal or superior court located within San Diego
Counrv.
B. Time in attendance at court toaether with reasonable time between court and work if
attendance is for]ess than a full day and the employee can reasonably be expected to
remrn to work.
C. Court ]eave sball not be granted when the employee is paid an expert witness fee.
D. Court leave wil] only be granted to employees who are not litigants in the civil case
nor related to litigants in the civil case or defendants in a criminal case.
E. Employees shall provide their supervisor with a copy of the legal subpoena and
provide other documentary evidence of service.
F. V��hen emplo��ees are subpoenaed in the line of duty, and are required to report to
court���hile off dun�;they shall be euaranteed a minimum of rivo(2)hows o��ertime
pay for each separate coun appearance, indudin�travel time.
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Resolution No. 2013-184
Pa�e 36
�RTICLE 3.08 SHII�'I' EJ�CfL�\'GE
Public safen dispatch;rs and Po1ice Sen-ices Officers ("PSO"). subject to .-�ppointine Authorin'
appro��al, may swap shifrs�+�ithin a�vork week so lone as it does not result in overrime,
additional compensacion, or interferes With operation of the depamnent. Shifr chanees will also
not be allowed; if b��«orkine the shifr exchange, an employee would noi have an eieht (8)hour
saferv rest period ben�een the exchanse shifr and the emplo}�ee's next remilazh scheduled shifr.
"Paybacks" of shifr trades are the obligations of the employees invol�ed in the trade. An}'
dispute as to pa}�backs is to be resolved by the invoh�ed employees. The City is not responsible in
anv manner for hours o�ed to emplo�ees b}�other emplo}�ees who leave_rhe emplo}ment of the
Cin�or who aze assigned other duties. A record of all shifr trades and"pa}backs` shall be
maintained bv the invoh•ed emplo}�ees on forms pro��ided by the depariment.
:�R'IICLE 3.09 JOB SH.4RL\'G
A C\�E:1/SEIli represznted emplo��ee may submit a request to his or her appointing authority to
shaze his or her job�irh another eliQible and qualified employee. The Human Resources Director,
' afrer considerarion of a recommendation by the Appointine Authorin°, may grant or deny such
request. Approval shall not be unreasonabl}��i�thheld. If 2ranted,jobs ma}-be shazed on an hourly
or daily basis. All leeally permissible benefits will be pro-rated. Each employee shall be notified in
�tTitine bv the Appointing Authorirv(as defined in the Cin�Chaner) at the tune of the appointment
and such notification will clearlp define the benefits to which each emplovee is entitled.
:1RI'ICLE 3.10 V'OLU1'T.�1R1'R`ORK FLT2LOUGH
The work furlough period is fom� (40)hours per fiscal ��eaz.
Employees�ill be oi�en notice on\4av 1 n or the first\4onda�•follo�in_?�4ap 1 n of che necessin to
siffi up.for voluntazv uork furlough and ��ill be given three �i°zeks to complete the request.
Emplo}•ees �111 be allowed to use fiulough hours in accordance «�th thz cin`s �-acation lea�-e
policies and the seccions of this�40li dealine with vacation lea�e usa�zs. The�ork fiuloueh will
continue until reduced or discontinued bv murual agreement of the panies and will ha�e no impact
on emplo�ee benefits co the e�ctent permitted b}� law.
I. Emplo�ees takins lea�e Hill be required to use furloueh hours before an� other leave
balances. zxcludine leare hours being taken under the Cin�'s sick lea�e policy or the anicle
of this A40li coverine the use of sick leave.
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Paee 32
_ _ _ _
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Resolution No. 2013-184
Page 37
II. Emplo�ees,w'ho;through no fault of their own; aze not allowed to take their furloueb hours
�a7thin the fiscal year��.ill have[he remaining hours carried over for use durine the nest fiscal
}-ear. To be eliaible for cam�over;employees must demonstrate in��riting that they requested
time off durina the fiscal year and that theu requests were denied by the Appointing
Authorin�. An��hours carried over must be used in the new fiscal year.
ARTICLE 3.11 LEAVES OF ABSENCE
AZILITARY LEAVE
For purpose ofthis n40U;the Civil Service Rules regarding Military Leave and Leaves of Absence
are incorporated bv reference as thouah set out in full in this article. --.:
CVEA MOU 07101/13-06/30/15 .
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Resolution No. 20li-184
Paee 38
; SECTION IV R'ORI�\`G CO\`DITIONS
_�1RTIClE �.Ol PROHIBITED PR�CTICES
I. SEIU�C��E a pledges; durine the term of this �40ti; and afrer expiration of the A40US, as
long as the parties are attemptine to reach an agreement on successor ?�40li (includino
urilization of impasse procedures) they shall not cause;condone or counsel its unit members
or any of them to s�ike; fail to fully and faithfully perform duties; slow down; disrupt
� impede oc otherwise impair the normal funcrions and procedures of the Ciry.
II. Should an}•unit employees durine the term of this�4emorandum of Understandine breach _
the oblisacions of PazaQraph I, the Cin�D4anaaer oi his or her desienee shall immediacelv
notifi SEILIC�-EA that an alleeed prohibited action is in pro�ess.
III. SEN�C��EA shall as soon as possible;and in an} e�ent�ithin eigfit working hours disavow
any su-ike or other alleged prohibiced action, shall advise its members orall��and in wTirine to
immediateh return to w'ork and/or cease thz_prohibited acri�in�and pro�zde the Cit��!�4anaQer
�i�rh a cop�•of its advisement or;altemativzl��;accept the responsibiliri�for the strike or oiher
prohibited acri�irv.
IV. If SEILICV E:�disa��ows the prohibited acti�in and takes all positive acvons set forth in this
r40U in eood faith,the Cin�shall not hold C�-EA financiallv or otherw2se responsible. The
Ciry ma��impose such penalties or sanctions as the Ciry may appropriately assess against the
participanu.
V. Should SEILIC�'EA durine the term of this �4emorandum of linderstandino breach its
oblioations or an}•of them under this section, it is ayoreed that the City shall pursue all leeal
and administrative remedies available to the City that in iu discretion it.mav elect to pursue.
�T. There shall be no lockout b��the Cirv dLrine the term ofthis'�4emorandum oflinderstandine
and afrer expiration of the?�40U; as]one as the parties aze attemptin2 to reach an aareement
on a successor D40U (including utilizarion of impasse procedures).
:�RI'ICLE 4.02 C�REER AD���\'CE:�IE\'T
I. For C�'EA/SEIli represented emplo}'ees hired on or before June �0,2013 the provision set forth
in paraaraph I.a shall appl��.
A. The City mav desionate entrv-level �oups of dassifications"hicb w211 be considered as
cazeer advancement classifications. Emplo}�zzs ma�- bz hired for a ��acanc�� in the hi¢her
CVE=.MOU 07/0 i/i:r-0o/30/15
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Resolution No. 2013-184
Paae 39
classification at tbe ]owei classification, and not be requued to under�o a promotional exam to
advance to the hieher position. The emplo��ee initially hired ma}� qualify for certification to the
higher position upon(1)successful performance for a minimum of one}�eaz in the lower position,(2)
a positive recommendation b}�the Appointins Authoritv and(3)approval by the Gity D4anaoer upon
recommendation of the Human Resources D'uector. Upon advancement to the higher classificauon;
the employee shall be compensated at the pay rate closest to; but not less than; he/she was
compensated at in the lo��er class. The Human Resources Director shall advise the SEIL�CVEA
representative on the starus and usage of this Article upon request.
B. The provision set forth in paraeraph LA, above, shall not be construed under any
circumstance as creating 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
paragraph II.A shall appl��.
A. The Ciri� has desienated certain classifications as cazeer advancement classifications.
Althoueh employees aze not required to undergo a promotional exam for advancement from the
lower to higher classification designated as career advancement, advancement to tt�e higher
classification will depend on an employee's qualifications and operational needs.
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 Cin�Manaser, at the recommendation of the Human Resources Director.
Upon ad��ancement to the hisher classification,the employee shall be compensated at the pay rate
closest tq but not less than; his/her compensation in the ]ower classification. '
B.For CVEA/SEN ermployees in the D4aintenance Worker UII and Gardener I/II series,they
shall not be subject to paragraph II.A., but shall remain subject to paragraphs I.A and B;
resazdless 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 SEIU\CVEA wishes to request a
classification or compensation srudv for an individual or a classification;it may do so by providing a
w7itten request to the Director of Human Resources. Written requests must provide significant
justification to support the request for the srudy.
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Resolution No. 20li-184
Pa�e �0
�RTICLE A.04 DRI��LtiG ELIGIBILITI
R�hene�er an emplo}�ee drives a vehicle Tor Cin° business he or she shall havz a ��a1id Califomia
dri��ers license. In order to ascenain the ralidin�ofthe employee's license.emplopees must presenc
their dri�er`s license to their supenisor upon request. Ihe City resen�es the riaht to check at an�
tune Nith the Depamnent of Motor��ehicles to determine if an employee`s license is valid. If an
emplo}'ee's dri�°er`s license is reroked, suspended or otherHise made im�alid; the emplo}'ee must
inform his or her supervisor. Failurz to notify the supen-isor ma}�result in immediate disciplinarc
action.
P,n employee who does not possess a valid Caiifornia driver s license��ill be considered for a non-
dri�ine posiuon if one is available in the emplo��ee's cla;sification. T6e non-driving usi�mznt�ill
continue foi a maximum of six-months if there is a reasonable expectation the employze will have a
�=alid Califomia driver's license at the espiration of that tune. Extensions co cl�e six-month lunit uill
be considered on a case-b}'-case basis,however;in no case shall an employee receire more than one
non-drivina assi�ment in am° tkuee-yeaz period. \l�hen no non-dri�ine assisnment is zvailable.
emplo�-ees must request a leave of absence �v�thout pa}� for six-months or until such rime as theu
license is once aeain valid. whichevzr is shonzr.
In order to assure that non-drivine assignments are provided on a fair and equitable basis; the
followine procedures shall be obsen ed: � _
.A. Each department�ill determine�+hether it has any non-drivina assi�unents that can
be filled by employees who would otherHise have drivine assienmenu.
B. \ion-dm�ins assionments will be aiven on a first come, first sen�ed basis. For
example;if n;�o emplo��ees in a department have non-valid driver`s licenses and there
is only one non-dm in2 assi�unent the first employee �rho comes for��ard�ill be
eiven the non-drivine assianment. The other employee ma� apph- for a leave of
absence as described above.
:1RTICLE 4.05 FIT\'ESS FOR DL�IY
The parties affee that ph}�sical and mental fimess of Cin�emplo�'ees aze reasonable requiremenu to
perform the duties of the job and instill public confidence. Recoenizing these imponant factors;the
panies a�ee that durins the term of this'�40li,the Ciry�tiith reasonable cause,mav require medical
and ps}chological assessments of emplo}�ees.pro�ided the Cin pays and provides time off tiithout
loss of pay for such assessments. :�11 such assessments shall be done by appropriateh� qualified
health caze professionals. It is understood that the assessment resimen performzd b} said
professionals shall be reasonably related to with thz requuements and duties of the job.
�n� treatment or remedial action shall be che full responsibilin-of che employee.ekcept as othe�ise
- CVEA MOU 07/01/13-06/30/15
Pzse 36
_ _ _ _
_ _ _ . _ _. ___ _
Resolution No. 2013-184
Page 41
provided b� law or as may be provided through the Employee Assistance Program (EAP) for City �
employees.
ARTICLE 4.06 SUBST,INCE ABUSE POLICY
Employees represznted by SEIU�CVEA aze subject to the City's Substance Abuse Policy.
ARTICLE 4.07 DZODIFIED DUTY
R�hen an emplo;ee is injured on the job and, according to their physician, is able to retum to "lieht
duty," the City wrill make every effort to place the employee in a modified duty assignment until he
or she is released back to full duty. The nature of the assignment will depend on the physical
restrictions of the employee as stated by the treating physician and the a"vailabiliry of a modified
position in the employee's nornial department or another department that is consistent with the
physical restrictions. I�TOhi�ithstanding the above,the acceptance of a modified duty assignment,if
available,v.�ill be mandatory.
ARTICLE 4.08 DIRECT DEPOSIT
All represented emplo}�ees are encouraged to provide authorization to the City's Duector of Finance
to elec�onically deposit their paychecks to a financial institution of their choice. For new
emplo�ees,hired on or afrer the effective date of this D40U,it will be mandatory to participate in the
electronic deposi[program. If a new employee is able to.demonshate that they are unable to obtain
an account for elecu-onic 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.
ARTICLE�.09 GRIEVANCE PROCEDURE
This grievance procedwe shall be in effect during the full term of this Memorandum of.
Understanding.
Section 1. PLJKPOSE. The purposes and objectives of the a evance procedure are to:
(1) Resolve disputes arising from the incerpretation, applicafion, or enforcement of
specific terms of this agreement.
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Paee 37
Resolution No. 2013-1 S4
Paee 42
,_._ ' (2) Encourage the settlzment of disagreemeau informallv at the emplo}'ee-supervisor
le�•el and provide an orderl�� procedurz to handle �rievances through rhe several
supen-ison'lerels w'here necessan�.
(3) Resolve erievanczs as quicll�° as possible and correct; if possible, the causes of
grievances thereby reducing the number of arievances and funue similaz disputzs.
Secrion 2. DEFL\ZTIONS. For the purpose of this erie�'ance procedure tbe follo�ino
definitions shall apph•: �
(1) A4anager: The Cin�?�4anaoer or his or her authorized representati��e.
(2) Da�: A calendaz da��;exdudin2 Saturda}s, Sundays,and hard holidays as described
b��this aereement.
(;) Appointin_ Authority: The chief executi�•e officer of a depanment.
(4) D'uector oi Human Resources: The Director of Human Resources or his or her
authorized representatice. .
(�) Employee: An�� officer or reeulaz(not temporan°) emplo�ee of the Cirv; except an
elected official.
(� Employee representative: An indi��dual��ho speaks on behalf of the employee.
(7) Cmevance: A complaint of an employee or group of employees arisins out of the
application or interpretation of a specific clause in this agreement.
(8) Immediate Supervisor: The individual�•ho assiens;re�ie���5;01 d1ICCL5 LY12 N'ork of
an emplo}�ee.
(9) Superior: The individual to whom an immediate supervisor reports.
Section 3. REVIER'ABLE.A.\'D NO\'-REVIER�:IBLE GRIEV_��CES.
(1) To be reviewable under this procedure a orievance must:
(a) Concem matters or incidenu chat ha��e occurred in alleeed violation of a
specific clause in this agreemenr and
(b) Specif}•the relief sousht,���hich relief must bz�ithin the po��•er of the Ci��to
grant in w•hole or in pan.
(2) � �-ievance is not revie��able under chis procedure if it is a matter�'hich:
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_ _ _ __. _ __ __ _ .. _
Resolution No. 2013-]84
Page 43
.:.�
(a) Is subject to those reserved City Management Rights as stipulated under
Secuon� of the Emplo}�er-Employee Relations Policy for the Citn of Chula
Vista or undei management rights as specified in this agreement.
(b) Is re��ewable under some other administrative procedure and/or rules of the
Civil Service Commission such as:
1. Applications for changes in title,job classification, or salary.
2. ` Appeals from formal disciplinary proceeding.
3. Appeals arising out of Civil Service examinations.
4. Appeals from work performance evaluations.
�. Appeals that have Affirmative Action ar civil rights remedy.
(c) General complaints not directly related to specific clauses of this ageement.
(d) �V ould require the modification of a policy established by the City Council or
b� laH�.
(e) Relates to any City group insurance or retirement programs.
Section 4. GENERAL PROVISION OF"I"HE GRIEVANCE PROCEDURE. '
(1) Grievances may be initiated only by the employee or employees concemed and may
not be pwsued��thout his or her or their consent.
(2) Procedure for Presentation. In presenting his or her grievance, the employee shall
follo� the sequence and the procedure outlined in Section 5.
(3) Prompt Presentation. The employee shall discuss his.or her grievance with his or her
immediate supervisor within ten (]0) working days after the act or omission of
manaeement causins the grievance, or within ten (10) working days of wben the
employee; with the exercise of reasonable diligence, should have discovered the act or
omission beina erieved.
(4) Prescribed Form. The N7itten grievance shall be submitted on a form prescribed by
the D'uector of Human Resources for this purpose.
(�) Statement of Grievance. The grievance shall contain a statement of:
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� Resolu[ion?�'o. 2013-184
� Pase �4
i
(a) The specific situation; act or acu complained of as an agreement��olarion;
(b) The inequity or damage suffered b�'the emplo��ee; and
(c) The relief sou�t.
(6) Employee Representaure. The employee mav choose someone to represent him or
her at any step in the procedure. No person hearing a erievance need reco�ize more
than one representatice for an�emplo�ee arany one tune,unless he or she so desues.
(7) Handled During �Vorl:ing Hours. Whenever possible; erievances ��ill be handled
durine the reeulazl}� scheduled working hours of the par[ies involvzd.
(8) Estension of Time. The time limiu«ithin�hich action mast be ta}:en.or a decision
' made as specified in ttus procedure may be ea�[ended by murua]N�rittzn consent of the
par[ies invol��ed. A statzment of the duration of such extension of timz must be
si�ned by both panies involved at thz step to be extended.
(9) Consolidation of Grievances. Lf the�ievance involves a eroup of employees or if a
number of employees file separate grievances on the same matter; the grievances
shall; w•henever possible, be handled as a sinele erievance.
(10) Settlement. An}� complaint shall.bz considered settled without prejudice at the
completion of an}•step if all panies are satisfied or if neither pam�presents thz matter
to a higher authorin'«ithin the prescribed period of tune.
(11) Reprisal. The erievance procedure is intended to assure a erie��ins emplo�ee the
right to present his or her erievance���rhout feaz of disciplinarv acrion or reprisal by
his or her supervisor;superior;or�ppointing Authority;provided he or she obsen es
the provisions of this ffie��ance procedure.
(12) Back Pay. The resolution of a grizvance shall not include provisions for back pa}
reuoacu�e fur[ber than rnenn' (20)��orkine davs prior to the date the grie��ance is
filed. However,if w�th the exercise of reasonable dilieence the act or omission beine
erieved was not disco��ered w�thin 10 workine days of its occurrence, and the
�-ievance is subsequently timely filed pwsuant to Secrion 3;then the resolution of the
�-ievance may include provision for back pay for a maxunum period of one veaz
from the date the 2rievance was filed.
Secrion �. GRIE�%:�.NCE PROCEDLRE STEPS. The follo«ing procedure shall be followed b�°
an emplo�'ee submittine a erievance pursuant to polic��:
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_ .. . . _ . _ _ _ ._ _
Resolution No. 2013-184
Page 4�
Step 1 Discussion with Supen°isor.
The employee shall discuss his or her grievance with his or her immediate supenisor
informally. \��ithin tliree (3) workine days; the supervisor shall give his or her
decision to the employee orally.
Step 2 �'�'ritten Grievance to Superior.
If the employee and supervisor cannot reach an agreement as to a solution of the_
�rievance or the employee has not received a decision��thin the three (3)w=orkin�
days' limit, the employee may within seven (7) working days present his or her
grievance in�;7iting 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 shal]heaz the grievance and give his or her written decision to the employee
within seven (7) ���orking days afrer receiving the grievance.
Siep 3 Grievance to Appointing Authority.
If the employee and superior cannot reac� an agreement as to a solution of the
erievance or the employee has not received a written decision within the seven(7)
���orkine da��s'lunit,the emplovee may���thin seven(7)working days present his or
her 2rievance in tiriting to his or her Appointing Authority. The Appointing
Authority shall heaz ihe grievance and give his or her written decision to tlie
employee��ithin seven(7) workin�days after receiving the grievance.
Step 4 Grievance to Director and Manager.
If the grievance is not settled at the Appointing AuthoriTy level, it may be submifted
by the Association Representative within twenty(20)working days to the Director of
Human Resources, who shall investigate and report his or her findines and
iecommendations to the City Manager within ten (10) working days. The City
Manager shall provide his or her answer within ten (10) additional working days.
The times indicated may be extended by mutual agreement. Any employee erievance
w�ll be filed with the Association Representative at Step 4.
Follo�ti'ine the submission of the City Manager's ans���er;and before going to Section
6;Advisorv Arbitration,matters��hich are unresolved shall be discussed at a meeting
beria�een the parties during which all peninent facts and information w211 be reciewed
in an effort to resoh�e the matter throush conciliation.
Section 6. ADVISORY ARBITRATION.
Anv dispute or erievance 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 parry providing it is submitted within ten(10)
workin� days, following its termination in the grievance procedure. The followin�
Advisory Arbitration procedures shall be followed:
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Resolution ?�'o. 2013-1 S4
Pase 46
^ � (1) The ;equestine pam' Nill notifi� thz o�zr pam' in w-riting of thz maaer to bz
azbivated and the contract pro�'ision(,)allesedl�'«olated. A%ithin five(5)worl;ine
da�s of the receipt of this notice,the parries ma} agree upon an azbitrator;or a panel
of three arbitrators�ained in conductins �rie�ancz hearines.
If aoreement on an azbivator cannot be rzached. the State Department of Industrial
Relations shall be requested b�' either or both parties to provide a list of fi�°e
azbi�ators. Both the Cirv and the association shall have the rieht to sn-ike n��o names
from the list. The pam�requesting the arbiaation shall strike the first name;the otlier
pam� shall then strike one name. Ihe process �+ill be repeated and the remaining
person shall be the azbitrator.
(2) The azbivator shal]heaz the case�ithin tta znn (20)�vorkina da��s afrer the azbitracor
has been selected. Ihe azbitrator ma��mal:e a«Titten repo[t of their findines to the
?.ssociaiion and the Cin' within fifreen (1�) workine da��s afrer the hearine is
concluded. The arbivator shall make rulzs of procedure.. The decision of the
arbivator shall be advisorv to the Cin� ?�4anaaer �ho shall render a final decision
w�thin ten(10)�orking da��s.
The azbitrator shall have no authorin�to amend,alter,or modifi this affeement or its
terms and shall lunit recommendations solelv to the interpretaaon and application of
this agreement. The above tune luniu of this pro�-ision may be extended by mutual
a¢reement.
(3) Each �ievance or dispute will be submitted to a separatelv convened azbitration
proceedine except ti•hen the City and the association mutually agree to have more
than one erievance or dispute submitted to the same azbitrator.
(�) Ihe Cin�and the Association shall shaze the expense of arbitrators and��imesses and
shall share equally an}�other expznses,including those of a stenoaapher;if requued
bv either pam. If either pam•elecu not to follo�v che advisory decision rendered b��
the azbitrator;that pam�shall pa��the entire cos[of the azbiu ation process,includine
the expense of the azbittator, «-imesses, andlor stenoffapher.
- CVF�,MOU 07/0�/1;r-05/30l15
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__ _ __ _ _ _ . ._ _ _ .
Resolution No. 2013-184
Page 47
Neeotiating Team D4embers Negotiating Team Members �:�
CITY OF CHLT.A VISTA: SEN LOCAL 321 \ CHiJLA VISTA �
E?vIPLOYEES ASSOCIATION:
� r
Kelley acon, Lead?�'eeotiator David Garcias, President
Ciri�of Chula Vista
Lany Alcoff, Lead Negotiator
Co Newtiators: -
Lisa Toses Melissa Trulock
Simon Silva
Angelica Aeuilaz � �
Maria Kachadoorian
Jim Sandoval, Ciry b4anaeer Wayne Zarling
City of Chula Vista
Sergei Senoff
Rusty James
Nanci Plouffe
Michelle Castagnola
Martie Solomon
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Resolution I�'o. 2013-18�
Pase �8
> � SEIli LOCAL 221/CHU-LA i7STA
E��LOY-EES ASSOCL-�TIO\ (continued)
Lisa Lue�'ano
Da�zd �4oran
- K1ID t'2Ild2L B12
Darlene Trujillo-Lopez
�4ark Leo, Worksite Oreanizer
CVEA MOU 07/01/1."s-06/30/15
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Resolution No. 2013-184
Page 49
Appendiz A ;
CLASSIFICATIO�S
Accountina Assistant
Accouniina Technician
Admuustrative Aide
Administrative Analyst I
Admuush�ative Analyst II
Administrative Secretan�
Adminish�ative Technician _
Animal Caze Assistant
Animal Conuol Officer
Animal Services Specialist
Aquarist -_
Aquatic Supervisor I
Aquatic Supervisor II
Aquatic Supervisor III
Assistant Planner
Associate Planner �
Building Inspector I
Building Inspector II
Building Inspector III
Buildine Project Coordinaior
Business License Rep
Carpenter
Civilian Background Investigator
Code Enforcement Officer I
Code Enforcement Officei II
Code Enforcement Technician
Communirv Development Specialist I
Community Development Specialist II
Communiri� Service Officer '
Computer Prog/9nalyst
Computer Proeramuier
Custodian
Delivery Driver
Development Ser��ices Technician � �
Educational Services Superrisor �
Electrician
Electronic/Equip Installer
Electronics Technician
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Resolution No. 20li-18�
Paae �0
' `� �ppendia?. — conrinued .
Elec�onics Technician Supenzsor
En�neerine rechnician I .
Enaineerina Technician II
En�ironmental Health Specialist
Equipment\4echanic
Equipment Operator
E«dence Convol Assistant
Faciliri°& Supply Specialist
Familv and Youth Literacv Coordinator
Field Maintenance Specialist
Fire Appazatus Mechanic
Fue Dispatcber
Fire Dispatcher Supervisor
Fiscal Office Specialist
Forensics Specialist
Crardener I
Gardener II
Gzo�aphic Information S}�stems Specialist
Graphic Designer �
Housine Rehab Specialist
Human Ser�ices Coordinator
- � I-IVAC Technician
Information S��stem Technician
LandscapeInspector
Iandscape Planner I
Landscape Planner II
Latent Print Examiner
Lead Custodian
Librarian I
Librarian II - -
Librarian III
Libran'Assistant
Librarv Associate
Librzrv Technician �
Loclsmith
�4aintznance �Vorkei I
�4aintenance ��orker II
\Qechanic Assistant
\arure Center Grounds �4aintenance \T��orker
\arurz Center\faintenance Speciali,t
\ature Center Specialist
Office Specialist
i`
�
` CVEA MOU 07/0 i/13-06/30/15
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_ _ __ _ _ _ _ ___ _ .
Resolution No. 2013-184
Page 51
� Append'u A -- continued
Open Space Inspector
Painter
Pazk Ranger Supemisor
Parking Control Officer �
Parking Enforcement Officer
Parking Meter Technician
Parks Supervisor
Planning Technician
Plans Examiner
Plumber
Police Communip� Relations Specialist
Police Data Specialist '
Police Dispatcher
Police Dispatcher Supen isor
Police Dispatcher Trainee
Police Records & Support Superrvisor
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 VJorks Inspector I
Public Works Inspector II
Public �4�orks Specialist
Public Works Supervisor _
Pump Maintenance Supervisor
Pump Maintenance Technician
Range Master
Recoids Technician � � �
Recreation Supervisor I
Recreation Supen isor II
Recreation Supervisor III
Recycling Specialist I
Rec}�cling Specialist II
Registered Veterinary Technician
Secretarv
Senior Accountin� Assistant
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Resolution No. 2013-1 S�
Paee �2
' �ppendix�1—conrinued
Sznior.�dmuus�arion Secretan�
Senior�nimal Caze .4ssistant
Sznior�nimal Control Officer
Senior Building Inspector
Senior Business License Representativz
Senior Code Enforcement Officer
Senior Custodian
Senior Development Services Technician
Senior Electrician
Senior Eneineerins Technician
Senior Equipment D4echanic �
Senior Evidence Control Assistant
Senior Firz Inspector _
Senior Fiscal Office Specialist
Senior Gazdener
Senior HV"AC Technician
Senior LandscapeInspector
Senior\4aintenance �Vorker
Senior Office Specialist
Senior Open Space Inspector
� Senior Pazk Ran2er
— Senior Plannine Technician
Senioi Police Data Specialist � _
Senior Public WorksInspector
Senior Public VJorks Specialist
Senior Records Technician
Senior Secreian�
Senior Tree Trimmer
Sienal Svstems Eneineer I
Siffial Svstems Eneineer II
Si�ina and Stripin� Supen isor
Site Coordinator Supen'isor
Storekeeper
Storekeeper Super�°isor
Storm�i�ater Compliance Inspector I
Storm�vater Compliance Inspector II '
Sumev Technician I
Sun�e��Technician II
Tzlecommunications Specialist
rraffic Devices Technician
Traffic Devices Technician Superrvisor
Trainin�Proa�ams Specialist
" CVEA MOU 07/01/'13--06/30/'IS
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� Resolution No. 2013-]84
Page �3
Appendis A—continued
Tree Trimmer
Tree Trimmer Supervisor �
V olunteer Coordinator(Dept)
V�'ebmaster
Youth Coordinator
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Paoe 49
Resolution \o. 2013-184
Pase ��
�.�
? �ppendia B
CL�SSIFIC�TIO\S
Animal Caze Assistant Painter
Animal Conuol Officer Pazk Supervisor
.Animal Services Specialist Parking Meter Technician
Carpenter Plumber
Custodian Public R�orks Super��isor
Elecffician Pump D4aintenance Supervisor
Electronics/Equipment Installer Pump?�4aintenance Technician
Elecuonics Technician Reeistered Veterinarv Technician
Electronics Technician Supen�isor Senior.��imal Control Officer
Equipment�4echanic Senior Custodian .
Equipment Operator Senior Elecuician
FacIlity R Suppl} Specialist Senior Elecvonics Technician
Fire Apparatus Mechanic Senior Equipment Mecbanic
Fiscal Office Specialist(Gazage) . Senior Gazdener
Cmrdener I Senior I-IVAC Technician
Gardener II Senior Maintenance A�orker
I-I�%�C Technician Senior Tree Trimmer
Lead Custodian Siening & Stripina Supen�isor
Locksmith Storekeeper
Maintenance�Vorker I Supervising Pump J4aintenance �4zchanic
Maintenance R�orker II TrafFic De��ices Technician
D4echanic Assistant Traffic De�-ices Technician Supemisor
\arure Center Grounds�4aintenance R-orker Traffic Painter
\arure Center\4aintenance Specialist Tree Trimmer
- CVEA MOU 07/01/i."s-06/30/15
Paee �0
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Resolution No. 20li-184
Page »
APPendix C > :1
CLAS5IFICATIONS �
Aquatic Supen�isor I
Aquatic Supen isor II
Aquatic Supervisor III
Communin� Service Officer
Firs Dispatch Supemisor
Fire Dispatcher �
Fire Inspector I
Fire Inspector II
Park Ranger Supervisor
Parkine Enforcement Officer
Police Dispatcher � � �
Police Dispatch Supen�isor
Police Dispatcher Trainee
Police Recruit
Police Services Officer
Senior Fire Inspector _
Senior Lifeeuazd
Senior Park Raneer
CVEA MOU 07/01/13-06/30/15
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Resolution No. 20li-184
Pa�e �6
�T7AC��IE\T �
LeZe: oftind::s-andico
Betu°een
SEIli Loca1221/C��EA (u'�e "tinion'')
And
Ihe Ci��of Chula Vista(the "Cin�')
RE: Qualitv Vdorkforce ProPram
The linion and che Cirv a�rze co meec beginning no lzter than Septembzr 12, 201�u,�th the intent
to a�ee upon the compznsauon component of the Qualiry �tiorkforcz P;o�am ("Q�VP")no later
than?�4arch 31; 2014. Thz followine shall establish the pazameters for die proce;;:
1. All information reviewzd shall be shared by the linion and the Cin. This section does
not appl}�to information desi�zted as confidentia! and/or pri�ileazd by the Ciry.
2. The follo�tiins subjects shall be considered appropriatz for the purposes of this Letter of
linderstandina:
a. Compazablz pzzr group or labor market to be surveved for each job or g;oup of
jobs
b. Intzmal and e?cczmal job classificauons wich which bazeaining unit positions shail
be compazed and benchmazked in any salan�sun'z�
c. R�hat percentile or other measurement shall be used as the parirc° goal
3. Either pam'may invite ouuide consultanu or expens to pamcipate in the process at its
oNn expense. Both pariies shall have access to the consultants and experis.
4. Employees and Deparanent Heads may be surve�ed reeazding ducies, responsibiliries, and
job qualificarions.
�. If a�reement is not reached bti Januarv 31;2014; then the panies shall request mediation
throueh a mutually a�eed upon mediator a�d; if none, then through thz State :�4ediauon
and ConcIliarion Service.
6. Ihe aoreed upon compensation component of the Q«P shall pro��de the framework for
wa2e neeodations bzn;•zen the linion and the Cin�for thz successor�4emorzndum of
linders�ndino bzr+��zen the pa,-ties.
7. �4eetinss r.mav be conducted ioindy�ith all b�gaiuing uni� e�plo�ees and man�ement
emplo��ees in each deparnnent io review the agrezd upon compznszcion component of che
Q�Y�P prior to implementa�ion.
Ihis Letter of linders�andins shall be incorporated by reference in the \4emorandum of
tinderstandins betwzen thz par�ies.
FOR THE L170ti FOR THE CII Y
Date: Dztz:
- CV==,MOU 07/0'i/i�+�c/.90/l�
Pzse �2
Resolution\'o. 2013-18�
EXHIBIT B Page �7
``� //
O`►- �
'O�-O-�.
CIN OF
CHULA VISfA
- MEMORANDUM OF iTl�TDERSTA\TDING
BETWEEN
CITY OF CHiTLA VISTA
Ai\'D
WESTERI\T COTTi�TCIL OF E\iGINEERS
JTJLY 1, 2013 - Jti\� 30, 2015
;
R�CE_MOli Oi/01/li-06/30/li . Pzge i
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Resolution No. 2013-184
Pa¢e �8
ME?�40R'-L��DUT4 OF LT'DERST'��DII�TG COI�CERI�TING��AGES AI�TD OTHER TERMS
AIvD CO��DITIOrS OF ET�II'LOI'1��NT FOR ENII'LOYEES REPRESENTED BY THE
CHULA VISTA CI-LAPTER, «-ESTERN COLNCIL OF ENGII�TEERS, FOR FISCAL YEARS
20li-201�
TABLE OF CONTENTS
SECTION I ADD4INISTR�TION.......................................................................................2
ARTICLE1.01 PRE.�4BLE.................................................................................................. 2
ARTICLE1.02 RECOGNITION .............................:.............................................................. 2
ARTICLE1.03 CITI'RIGHTS...............:...............................................................................2
ARTICLE1.04 �VCERIGHTS............................................................................................... 4
ARTICLE 1.0� LABOR-��.ANAGEMENT COOPERATION............................................... 5
ARTICLE 1.06 TERM A.\TD EFFECT OF THIS MEMORANDUD�OF ............................... 5
iIr�ERSTAlVD1NG.....................................................:.............................. 5
ARTICLE1.07 ivIOUREVISIONS........................................................................................ 6
ARTICLE 1.09 RETENTION OF BEI�TEFITS........................................................................ 6
ARTICLE 110 SAVII�TGS CLAUSE...................................................................................... 6
SECTIONII CO.MPENSATION...................................................................................... 7 ,.
SIIBSECTIONAR'�GES.........................................................................................................7
ARTICLE2.01 ���AGES ......................................................................................................... 7
ARTICLE2.02 OVERTINIE................................................................................................... 8 •
ARTICLE 2.03 COD�IPENSATORY OV"ERTIME...............:.................................................. 8
ARTICLE2.04 OUT-OF-CLASSASSIG?�T!vIENT................................................................. 9
ARTICLE 2.05 SPECIAL PROJECT PAY............................................................................. 9
ARTICLE 2.06 BILI�'GUAL PAI'...............................................................:......................... 9
ARTICLE 2.07 D4ILE:AGE REID4BURSEMENT................................................................... 9
ARTICLE 2.08 PROTECTNE CLOTHING...............::....................................................... 10
ARTICLE 2.09 PROFESSIONAL ENRICHMENT............................................................. 10
ARTICLE 2.10 FEES FOR PROFESSIONAL LICENSES/MEMBERSHIPS..................... 10
SECTIONII COMPENSATION..........................................................:.......::..................... 11
SLBSECTION B —BEn�FITS.......................:......................................................................... 11
ARTICLE 2.11 ET4PLOYEE BENEFITS.......:..................................................................... 1 I
ARTICLE 2.12 GROliP TERi�4 LIFE IIv SURANCE........................................................... 14
ARTICLE 2.13 RETIRE�gNT............................................................................................ 14 '
ARTICLE 2.14 DEFERRED CO��ENSATION................................................................. 15
ARTICLE 2.1� RETIREE HEALTHCARE..............:........................................................... 1� '
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� Resolution No. 2013-18�
Pase �9
SECTIO\III HOLRS...:........................................................................................................ 15
.�RTICLE 3.01 NORI�PERIOD.......................................................................................... 16
.�RTICLE 3.02 VACATIO\................................................................................................. 16
ARTICLE3.03 SICK LEA\�...............................................................:............................... 17
.aRTICLE 3.0? BEREAVE���TLEAVE.................................................................:........ 19
ARTICLE3.0� HOLIDAl'S ..................:.............................................................................. 19
aRTICLE3.06 JURY'DUT1'....................:............................................................................ 20
ARTICLE 3.0 i COURT LE_4�'E ..........................................................................................21
ARrICLE 3.08 PROFESSIO\_•1I LICENSEORREGISTR�.TIO\....................................22
Eti���ATIO\LEAVE ...........................................................................��
.-�RTICLE 3.09 JOB SH.4RLK�G............................................................................................��
_4RTICLE 3.10 LE�VESOF :aBSE�CE............................................................................. 22
?�4ILIT.�RY LEA�� .................................................:.:................................ >?
ARTICLE 3.11 ��OLLIT.�RY�l-ORICFIIRLOtiGH.........................................................22
SECI'ION IV ���ORI.'�\'G CO\�II'IONS..........................................................................24
ARTICLE 4.01 PROHIBITED PR�CTICES........................................................................ 24
�RTICLE 4.02 CAREER:�DV�\CE?�gNT...................................................................... 2�
. . ARrICLE �.03 DRIVL�'G ELIGIBILITY" ............................................................................26
) 9RTICLE 4.0� FITI�'ESS FOR DUTY ................................................................................. 26
,.,,
ARTICLE 4A5 SUBST?.K�CE/:�LCOHOL ABtiSE PROGR��4........................................ 27
ARTICLE4.06 DIItECTDEPOSIT...................................................................................... 2i
ARTICLE �.07 GRIE\%ANCE PROCEDLRE......................................................................27
�
.:',
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Resolution No. 2013-]84
Page 60
SECTION I ADnZINISTRATIO?v'
ARTICLE 1.01 PRE���LE
This ?�4emorandum of Understandine (1��OL� is entered into by the City of Chula Vista (City)
and the Chula V"ista Chapter of the \T�'estem Council of Eneineers (R�CE) as a result of ineeting
and conferring in good faith concemina wages; hours and other terms and conditions of
emplo}'ment. pursuant to the Emplo}�er-Employee Relations Policy of the Cit�� Of Chula Vista
and Califomia Go��emment Code Section 3�00 et. Seq., kno���n as the Meyers-Milias-Brown Act.
ARTICLE 1.02 RECOG\ZTION
The Cit�� recognizes \VCE as the exclusive representative for employees in the City of Chula
Vista employed in the follo���ing classifications: __
Assistant En2ineec
Associate Engineec �
Sr. Civil Engineer
Transportation Eneineer
Land Survevor
Sr. Land Surveyor
Assistant Surveyor I
Assistant Surveyor II
Plans Examiner
Sr. Plans Examiner
AGENCY SHOP
The Ciry will support and comply with �'CE's decision regarding Agency Shop and will abide
by ihe result of a majority vote of the employees in the above classifications. Should �NCE
succeed in such an election; the City and VJCE w�ll meet and confer on a side letter
implementing the terms of the A2ency Shop agreement.
ARTICLE 1.03 CITY RIGHTS
The ��'CE aerees that the City has the rieht to unilaterally make decisions on all subjects that aze
outside the scope of bareainin�.
The exclusive riehts of the citv shall include, but not be limited to:
A. Establish; plan for, and duect the work force toward the organizational ooals
of the City govemment.
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Resolution No. 2013-18�
Paee 61
B. Determine the oreanization. and the merits. necessin�. and level of aca�-in� or
ser��ice to bz pro�ided to th:public.
C. Determine the Cirv budeet.
D. Establish; re�ulate and administer a merit or ci�-i1 servicz s}'stem w'hich
procides for all rvpes of personnel uansactions; including, but not limited to;
determinine the procedures and standazds for the turin�,promotion, transfer;
assionment; layoff, retencion and classification of positions in accordance with
the Cin• Char[er, Civil Service Rules, and established personnel practices.
E. Discipline or dischazse emplo}ees for proper cause. .
F. Determine the methods; means, numbers, and kinds of personnzl, and the job
or position content required to accomplish the objectives and eoals of the
Cirv. __
G. Effect a reduction in authorized positions.
H. Subcontract out various services currently performed b�' Cir�•work force when
such actions N•ill result in cost savines to the Cirv.
L Take actions necessan to cam out the mission of the Cin-in emersencies and '
� in other situations of unusual or temporarv circumstances.
J
J. Continue to esercise efficient and productive manaoement practices consistent
��ith federal and state laws and in compiiance w•ith the Cic} Charter and Cirv
ordinances.
Terms and conditions set fonh in this '�40U represent the full and complete understandins
beriveen the parties. During the term of this MOli, the ���CE expressl} waives the rieht to meet
and neeotiate with respect to anv subject covered in this D40U unless modified throu¢h the
voluntan; mutual consent of the panies in a ��ritten amendment. This D40li terminates and
supzrsedes those panial practices. agreements; procedures, uaditions; and rules or regulations
inconsistent w•ith an�� matters covered in the ?vIOU. The panies �aree that during the
neQotiations that cuhuinated in this \QOli; each pam' enjo}�ed the oppominit}' to make demands
and proposals or counter-proposals �ith rzspect to anv matter; e�en thouah some matters Were
proposed and later �;itt�drawn, and that the understandin�s and aoreements arrived at after the
ekercise of that right and opportunirv azz e�ecuted in this�40li.
The Cirv's ekercise of its management rights is not subject to challenoe ttuouah the �-ie�ance
procedure or in an�� other forum; eacept where otherwise in conflict w-ich a specific term of this
collecrive bazeainine ageement.
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Resolution No. 2013-184
Page 62
ARTICLE 1.04 A'CE RIGHTS ,;;:i
�T��CE sball ha�e the riaht to:
A. Be provided a reasonable amount of space on relevant City bulletin boazds for
leeitimare communications with members. �t%CE shall be responsible for maintaining
the space provided in an orderly condition and shall promptly remove outdated
materials.
B. Be eranted use of Ciry facilities by the appropriate authority for meetines composed
of V��CE members, provided such meetings are held outside regulazly scheduled
workine hours for the goup which is meeting, and provided space can bz made
available �n�thout interferin� �n�ith Ciry needs. ��JCE will provide proper advance
notice of such meetinos and pay any contingent costs of security; supervision; damaee
and clean-up. _-
C. The Cit}� �ill place the current D40U on the City's intranet no_later than 30 calendaz
davs afre;date of adoption by the City Council.
D. Authorized representatives shall be allowed reasonable access to unit emplo}�ees
durinQ working hours for the purpose of consulting regazding the employer-employee -
rela2ionship, provided that the work operation and service to the public are not
unpaired and the authorized representatives shall have given advance notice to, and
been 2ranted authorization by, the Appointing Authority or his or her desi�ated
representative when contacting unit employees during the duty period of the
emplovees. The Appointing Authority or his or her designee shall determine the
appropriate time for such access.
E. Desimate na�o (2) employees (in addition to the President and Vice-Presiden2) who
serve as official representatives. Such persons shall be released from work, without
loss of compensation; when formally meeting and conferring with manaQement
representatives on matters within the scope of representation. One member shall also
be released from work�-ithout loss of compensation when meeting with management
repiesentatives 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
meetines; open Council conferences, etc.).
G. The City shall bill R'CE �.10 per member, per pay period for the full costs mcurred
foi dues deduction on behalf of���CE.
H. If the City proposes la��offs of positions represented by �VCE; or the freezin� or
deletion of vacant positions represented b}� «�CE afrer 7/1/200�, the Giry �;ill have
Human Resource management discuss such proposals with a twaperson WCE team
to discuss possible altematives. W CE�n�ill act only in an advisor}� capacity to the Ciry
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Resolution No. 20li-18�
Paee 63
t and ackno�'ledaes and ruo�izes thz Cirr''s full riehts unde; Arucle l A4 of this
MOli.
_�iRTICLE lA5 L�BOR-�Z�\AGE��E\'TCOOPER�TI01'
The parties aeree that durins the term of this D40li, they will continuz to suppon the Pride At
R�ork Program. In addition the� �iill continue to participate in effor[, to contain bealth care
cosu. The Citv and R�CE agrez chat theJ� will continue to have open di;cussions on matters of
concem to tbe par[ies durina the cerm of this ?�40U, including facilitated meetines w�th
appropriate Appointing Authoricies to discuss oppormnities for cross-depamnental trainin2
oppominities.
aRI'ICLE 1.06 TER���\°D EFFECT OF I'ffiS �1E1IOR�\�JL-14 OF
IINDERSr�\DI\G
9. This D40U shall remain in full force and effect from July 1; 2013 throu� June 30; ZO1�
(the date closest to Jul} 1 that is the end of a pa�� period) and it is understood and agreed
that the terms, conditions; ��ases; and all provisions of this �40li shall continue in effect
until a ne�i•�•fOli is negotiated and subsequencl}� ratified bv the �VCE and adopted by the
Cirv Council. 'Ihe terms and conditions outlined in this MOli shall remain in effecc from
���) Jul}° 1, 2013 until June 30; 201�. � �
If either pam� proposes to modif}� or_terminate any of the tzrms or condiuons set forth in
this �40li for inclusion in a subsequent �40li, the�� must notify the other pam in writing
not later than Februarv 28, 201�. L��CE �iill endeavor to submit �ritten proposals for
such proposed modifications to the Cin� not later than Februar� 28, 201�. Proposed
modifications not submined to the City in «titine by Februar}' 28; 201� �tiil] not be
discussed durins the meet and confer process. City aerees that if written proposals aze
received from R'CE b�� Februarv 28; 201�; City ti111 be prepazed to commence
negotiations on those proposals by�4azch 1�; 201�.
B. Ihe provisions of this �40li shall be subject to federal; state and local la«.
C. If at anv tune durins the term of this �40li. throueh causes bz�-ond the conuol of the
Citv_ the Ciro does not ha�°e a sufficient amount of anticipated budgeted revenues or is
requued to make substanrial unanticipated expenditures then, in such e�ent; the City
ma�, �tiith mutual aoreement of thz ���CE. re-neeotiate this �40li and meet and confer on
«•aees. hours and other terms and conditions of emplo�menc. This section; howe�er; in
no�'av affecu the existine right of the Ciry to la}• off emplo�'ees.
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Resolution No. 2013-184
Page 64
�RTICLE 1.07 MOti REVISIONS
The City and the �a'CE agree that during the term of this MOU they will continue to meet and
confer on chanees to the format and lanwage of the D70U. The purpose of the proposed
chanees is to reconcile the D40U v.�th the Civil Service Rules; the Employer/Employee Relations
Policy, and other Ciry policies and procedures;and to insure the lan2uage of the MOU accurately
reflects Cin�practice.
Anv proposed chan2es to the D40li that involve monetar}� issues wiil be deferred to meet and
confer in 20li.
ARTICLE 1.09 RETENTION OF BENEFITS
The represented employees co��ered by this MOU shal] retain all benefits provided herein for the
full term of this MOU. Benefits; riehts; or privileges not specificaily corered by this MOU; but
subject to the Me}'ers Milias Bro�an Act, may be acted upon by the City without mutual consent
after meetine and conferring with the WCE.
ARTICLE 1.10 SA�'INGS CL_AtiSE
If any article of this MOU is held to be invalid by operation of law or by any coiu-t of competent
jurisdiction, or if compliance with; or enforcement of, any article or section is restrained b,v such
coun; 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.
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Resolution No. 2013-184
Paee 6�
SECrION II CO��E\'S�TIO\
SL�SECTION A R'?,GES
ARTICLE 2A1 R'�1GES
�. Salar��adjtistment; shall be made as follows:
1. For Fiscal-Yeaz 201_-201�:
a. In the pa} period for Auwst 9; 2013, all R�CE represented emplo}ees shall receivz a
2% salan-adjustment.
b. In the first full pa}� period of January 2014; all \��CE represented emplo}ees shall
receive a 1% salarv adjustment. _=
2. For Fiscal-Yeaz 2014-201�:
a. Either pam' mar request a reopener on tbe issue of salan� increases only. To reopen.
eicber pam' must send a HTitten notice b�- �4azch 1, 201� tl�at it desues to reopen on
the issue of salarv increases.
,
b. For Fiscal 1'ear 2014-1�; the Cin� aarees that prior to Cin� action based upon the
Salan� Sune�•, it shall pro«de a PDF copy of the Salarv Survey to �'��CE, and n%CE
shall ha�e a period of 30 days from the receipt of the Salary Survev to re��ew and
provide comments on the Salary Survev. ���CE shall provide its commenu reearding
the Salary Survey to the City �uithin the aforementioned 30-day period. The Cit�
shall pror•idz \T��CE's commenu to the City's outside consultant on the Salan Sunee.
The Salarv Sun•z} shall be that document �ihich the Ciri intends to pro«de to iu
consultant for re�•iew.
c. The Cic�� asrees to re�-iew� the Surve��or and Plans Examiner classification, startino in
Januan• 2014 and to be completed by the end of Juh� 201�.
3. The panies a�ee to discass the City's Qualirv R�orkforce Pro�am (Q�'�'-P) under the
terms of the related Letter of linderstanding nith the soal of completine the discussions
bv March 31. 2014.
B. \4erit(Step) Inereases �;�ll be made accordina to the formula set for[h in che Ci�il Sercice
rules currentl�� in effect.
Ihe classifications shall be subject to a five (�) step salarc,ranee. The normal hire rate
shall be Step ".A" provided; howe��er; that an etceprionali}° �ti•ell-qualified candidatz ma}�
= be hired be��ond Step `:�" «�thin the established range based upon the recommendarion
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Resolution No. 20li-184
Page 66
of the Appointin� Authorit}�, the Director of Human Resources and approval by the City '�
Manaeer.
C. Effecti�e Dates - All other pa�7o11 and ��age changes; such as reeulaz merit increases;
shall be effective at the beginning of che re�ular biweeldy payroll period closest to the
emplo��ee's actual qualifyin� date.
D. Rate of Pap Following Promotion - When a represented employee is promoted; the new
rate of pay will be the lowest step in the new salazy range which will result in the
employee receivin� at least �% more than,tbe actual base rate in the old, classification.
E. All Associate Eneineers and Assistant Surveyors II, or Plans Examiners who become
registered bv the State of Califomia as a Professional Civil Engineer, Professional Tra�c
Enaineer; Land Surve}�or or Licensed Architect �hen registration is not a requuement of
the position held; shall receive five percent (5%) additiona] comp�nsation.
F. The Cit��; in its sole discretion, may designate individuals as QSD or QSP certified. If the
Cit�� makes such a designation and the employee is so certified, the employee shall
receive a�100 stipend paid once a year. The stipend will be paid in the last pay period of
October of each fiscal year.
ARTICLE 2.02 OVERTID�
I. Defuution- ���henever an employee is ordered to work more than 40 hours in a work
N�eek he or she shall be eranted overtime pay at the rate of 1 1/2 times his or her Fair
Labor Standazds 9ct (FLSA) "Regular Rate", or compensatory time off at 1 1/2 times the
exua hours worked(except as stated in Article 2.03.). Overtime work shall be permitted
only at the direction and with the advance approval of the employee's immediate
supervisor. Pa}ment for overtime shall be made during the pay period in which the
overtime w�as earned. �
°Tune Worked" - _Includes all paid hours including sick leave, leaves during which
��JOrkers' Compensation is paid; vacation time, holidays or any other fime away from the
job for which the employee is compensated.
II. Administration of Overtime - All tune worked in addition to the work period as defined
in Article 3.01 u�th 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 reeular schedule that is less than 1� minutes in a
day; unless the defuution is changed in the Federal Regulations or by court action.
ARTICLE 2.03 COMPE\'SATORY OVERTIME
A record of compensaton� overtime eamed and used shall be maintained on the biweekly pay
records. Compensatory ovenime shall not be accrued to an employee's credit for any tune in
R'CEMOU 07/O1/13-06/30/IS Paee 8
Resolution tvo. 2013-18�
Paae 67
� excess of 40 hours. The decision to reunburse an emplo}•ee for o�enime hours N'orked uith
compensacon� rine o1i in-lieu of pay �ill be az rhe discrerion of the supen-isor and the
Appointing .Aurhorin based on the emplo}�ee's request H'hile recognizin� the overall
deparrmental staffine requirements.
?,RTICLE 2.04- OtiT-OF-CL�SS ASSIG\'�IE\I'
I. �\�hen an emplo�°ze is assi�ed to perform the duties oi a higher paid classification for a
period of az lzast � consecuuve work da�s, or �0 consecuu��e wor}:ing bours, rhe
emplo�ee shall be compensated �ti�th a m_inimum of � % abo�'e the emplo}�ee's current
salary rate, up co a macunum of 20%, effecti�e the first da} .of the out-of-class
assignment. Incrzases �reater than �% must be approved b�� the Director of Human
Resources. _-
II. Requesu for out-of-class compensation shall be submitted by the Appointin2 �uthorirv
on a "Pa}TOIl Chanee Order Request" form as percentage amounts only.
III. 'Ihe duration of out-of-class assimmenu shall not exceedtu�elve consecutive months.
`i ARTICLE 2.05 SPECL�I: PROJECT PAI'
�'��CE represented emplo�ees ma}' be eligible to receive a maximum of 1�% above their base pay
when assi�ned by the Cin��4anaoer to a"Special Projecr'.
ARTICLE 2.06 BII:INGU.4I: P:1Y
'Ihose emploti�ees �vho, upon the recommendation of the Appointing Auttioriry. and approval of
the D'uector of Human_Resources. aze reeulazlv required to use theu bilineual skills in the
performance of their duties will receive 5100 per month in addition to their rewlaz pa��.
Emplo��ees requesting bilinaual pa}� must successfulh complete a Bilinwal Performance -
Examination. Emplo}ees �z-ho wish to continue recei�ins bilinwal pa�• must successfull��
complete a Bilinwal Performance Examination once e�°erv three (3) �eazs.
?,RTICLE 2.0 i \1n,E�1GE REL��BtiRSENIE\�I'
Emplo�ees shall be subject to the City`s D4ilease Reimbursement Proeram w-hen required to use
their personal vehicle for autl�orized Cin business. The reunbursement rate �ill be equal to che
current maximum IRS rate.
- P'CE�.40li 07/01/li -06/:0/1� Paoe 9
� Resolution No. 2013-184
Pa�e 68
ARTICLE 2.08 PROTECTIVE CLOTHING
The follo�ine positions are currently included in the Safety Shoe Program: Surveyor I and II and
Land Surveyor. These employees and other employees not specifically listed aze elia ble to be
reunbursed up to �1�0 per pair of safety shoes; when it has been determined by their.Appointing
Authoritv or the Risk A4anager .that; because of their duties, the weazing of safett� shoes is
required.
ARTICLE 2.09 PROFESSIONAL ENRICEin�NT
Employees represented by WCE are eligible io participate in tl�e City's Professional Enrichment
Program.
To qualify as a reimbursable expense; the employee must demonstrate a link to theu current job
or career path. Requests for professional enrichment reimbursement must be approved by the
employee's supervisor; prior to any expenses beina incurred, under the followin2 terms:
• Relevant training needs/requests are identified in performance goals
• Training to unprove current skills or belp in career advancement
• Employee to report ouUfollow-up�n�hen requested by Supervisor
The annual Professional Enrichment Fund allotrnent for WCE employees is �2�;000. Employees
aze 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 Enrichment" will be closed the second Thursday in June. Employees may request
reimbursement for professional enrichment expenses in accordance with Intemal Revenue Code
Section 132 and any ocher applicable state and federal law. Employees must receive approval
from theu Appointing Authority and the City Manager's designee before funds may be claimed
for reimbursement. Reimbursements aze on a first come, first serve basis until the funds have
been ea:hausted. � � �
ARTICLE 2.10 FEES FOR PROFESSIONAL LICENSES/l�g',MBERSHIPS
The Ciry shall pay the fees for the professional registration or license of Eneineers; Civil
Enoineers, Strucrural Engineers, Traffic Engineers, Traffic Operation Eneineers, Land
Surveyors, Plans Examiners, Architect, Qualified SWPPP Developers (QSDs), and Qualified
SWPPP Praciitioners (QSPs). The City will pay memberslvp fees for WCE employees in any
one professional oreanization as requested. The City will pay only one membership fee per yeaz;
per employee in addition to any departrnent-wide memUerships.
R%CE.MOU 07/O1/13 -06/30/1� . Pase 10 � �
Resolution No. 2013-18�
Paee 69
SECTIO\' II CO��E\SATIO\'
SLBSECTION B —BE\�FITS
ARTICLE 2.11 E��LOI-EE BE\EFITS .
Employees aze elioible for benefiu if emplo�ed:
A. directl� b��the Cit�• of Chula Vista and
B. workine in a half rime (�0 hours) or more position in an 80-hour biweekly pay
period.
I. Flexible Benefic Plan �
The Cin• Hill pro��de to each represented emplopee a Cafeteria Plan allotment to_
purchase benefiu qualified under Section 12� of che Intemal Revenue Code. The Plan
Document containine the specific pro��isions of the Plan will be adopted by the Cit}-
Council on an annual basis: Ihe plan document w711 incorporate by reference the
provisions of chis article. �
A. Enrollment
Newh� eligible emplo�ees (new hires or those chanains from an ineligible to an elieible
position) will be covered under the Cin'`s Cafeteria Plan effective on their date of hire in
that elieible position. All of the cafeteria benefiu are etiecu�e from the emplo�•ee's date
of hire except the dental plans which aze effective the first of the month following the
emplo}�ee`s date of hire in an elieible position. Emplo�ees w�ho fail to submit requued
benefit eleccion forms �+'ithin 30 da}�s of theu date of elieibIlity �ill automaticallv be
enrolled in the Emplo�ee Only category of the lowest cost City sponsored health plan
with the remaining balance of the Cafeteria Plan allotment being placed in the taxable _
Cash option. Emplovees �vho fail to submit required bznefit election forms durin2 Open
Ecuollment�ill be enrolled in the sazne health plan the�� elected in the pre��ious ��eaz. All
other elections previousl� made bv an emplo��ee �ill be cancelled and tLe balance of che
flex allotment will be placed in the taxable Cuh option.
. �
R'CE�iOli 07/O1/L-06/30/i5 Page il
_ _ . _.
Resolution No. 2013-184
Pa�e 70
B. Cafeteria Plan Allotment ; ;;}
The Flex Benefit amount for Employee Only, those that opt out of Cit�' coveraee, and
those emplo}�ees covered by another Chula Vista City employee shall be fixed at the
amount provided in calendaz year 2013 ($12;762). The flex amount for Employee = 1
and Emplo}�ee = Famil�� will be adjusted under the current 50/SO cost sharin� formula,
utilizing the averaoe cost increase of the full-family, non-indemnity, health plan
premiums. Eligible part-time benefited employees will receive an allotment in the
proportion that such part-time emplo}�nent bears to full-time employment.
C. Available Cafeteria Benefits
L Health Insurance =_
From the Cafeteria Plan allofinent, each represented employee must select
coverage 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 Deparunent of Human
Resowces, the employee may elect to decline medical insurance from a City
provider and apply the value of the City's "Flexible Benefit Plan'
conuibution to other available City Fiex options. Any employee mamed to -
another benefited City employee ���ho is covered under his or her spouse s
plan may���aive coverage under the Cafeteria plan and will receiye full credit.
Any employee who declines medical insurance coverage may enroll in the
Cit;� medical plan prior to the next open enrollment only if the emplotiee
involuntazily loses the coverage. Enrollment application must be received in
Human Resources within 30 days from loss of coverage.
The_employee will pay any premium cost in excess of the Cafeteria Plan
allotment through payroll deductions.
2. Dental (Optional)
Represented employees will be eligible to participate in any City sponsored
eroup dental plan. Any difference betw�een 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. DentaUMedical/Vision (D/M/V) and
Dependent Care Reimbursement Accounts (Optional)
R'CE.MOU Oi/O]/73-06/30/li Paee 12
Resolution No. 2013-18�
Pa�e 71
Represented employees may allocate a por�ion of their Cafzteria Plan
allotment to either a Dental/?�4edicaU��ision or Dzpendent Care
reimbursement account.
�. Vision—(Optional)
Represented emplo�'ees �+�ill be eligible to participate in a Cin• sponsored
group vision plan. P.n�� difference bet��een the emplo}�ee`s a�•ailable
Cafeteria Plan allotment and the premium for tl�e selected plan ��ill be paid
bv the emplo�ee ttuouoh pa�7oll deductions.
�. Cash (Opdonal)
Represented emplo��ees mav allocate a ponion of cheir Cafeteria Plan
allotment to a taxable cash pa��ment. These pa«nents will be paid to
emplol-ees on a pro-rata basis t�o times per benefit}�eaz.
6. Flexible Spendine Accounts(FSAs)—Health Caze and Dependent Care
Represented emplo}•ees ��ill be elieible to participate in the tt��o Flexible
Spendina Account (FS.A) options offered by the City. Emplo}'ees may elect
to set aside.a portion of theu salary; on a pre-tax basis, to fund elieible
� health caze and dependent care expenses. If the City does not meet IRS
�
reeulations. or if the IRS reeulations chanee for.anv reason, this benefit mav
be discontuiued.
The Cirv reserves the ri2ht to con�act ��ith a Third Pam� Adminisuator for
the adminisffarion of FSAs. The Cin �iill,pay the stan-up cosu associated
�iith third pam• adminisvauon. Participating emploqees will pay an}-
requued fees (montlily, per emplo��ee,per transaction; etc.).
D. Short-Term/I.ons-Term Disabilirv
The Cin• a�ees to contribute che amount necessarv to provide sbon-term
disabilin� and long-term disability protection for each represenced
emplocee. At a minimum the policies�tizl] include the followine:
Sbort-Term Disability - Requires a thir[y (30) da}� elimination period and
pays a wzekly benefit of 60% of salary up to a maximum of 51;732 per
��eek.
Long-Term Disability.— Requues a ninety (90) da�� elimination period and
paes a 60% of salary up to a monthl� maxirnum of S i.>00.
' �
WCE.MOU Oi/01/L-06/30/IS Pa�e li �
Resolution No. 2013-1 S4
Page 72
Disabiliry Plus-If the employee has a loss of 2 or more activities of daily
living (ADL),he or she ��ill receive an additional 20% of salary up to a
ma�:imum of��;000.
ARTICLE 212 GROUP TERl�7 LIFE IIVSURANCE
The City agrees to pa}� 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 ��O;OOO.to S300;000 of supplemental goup term life insurance in
S10;000 increments ttuough the City's group insurance plan. Employees will pay the additional
cost of supplemental insurance throuah payroll deductions.
ARTICLE 2.13 RETIREAZENT =-
The City��21] providz to represented members retirement benefits via contract w2th the Califomia
Public Employees Retirement System (Ca1PERS) as set forth in the Califomia Govemment
Code.
The Ciry will provide the following defined benefit formulas for local miscellaneous employees
Tier 1 Loca] Miscellaneous 3% @ 60
Tier 2* Local Miscellaneous 2% @ 60
Tier 3** Local Miscellaneous 2% @ 62
*\Te�i� Ca1PERS members on or afrer 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 I shall contribute 8%, which will be applied
to the City's contribution to Ca1PERS for optional benefits. The following is a smiunary of Tier
1 Ca1PERS contract pro�[isions:
A. One-Yeaz Final Compensation
B. Post-Retirement Survivor Allowance
C. Credit for Unused Sick Leave
D. 4m Level 1959 Survivor Benefit.
E. A4ilitazv Service Credit as Prior Service �
F. Cost of Living Allow�ance (2%)
G. Post-Retirement Survivor Allowance Continuance
H. Pre-Retirement Death Benefit for Spouse
I. Retired Death Benefit �5,000
J. Prior Service Credit
K. Employer Paid Member Contributions reported as earnings
R%CE.MOU 07/O1/li -06/30/1� � Page 14
Resolution No. 20li-1 S�
Paee 73
� Tier 2: 2% @ 60
Local miscellaneous;epre;znted employees in Tizr 2 ;hall con�ibute 7%; which uill b: 2pplied
to the employee conuibution to Ca1PERS. The followine is a summan'of Tier 2 Ca1PERS
conu�act provisions:
A. Three-Yzar Final Compensation
B. Post-Retirement Survivor Allowance
C. Credit for linwed Sick Leave
D. 4;n Le�el 19�9 Sun�vor Benefit
E. �4ilitan� Sen-ice Credit as Prior Sen'ice
F. Cost of Living P.11o«ance (2%)
G. Post-Reurzment Sun-ivor Allo�vance Continuance
H. Pre-Retirement Death Benefit for Spouse
I. Retired Death Benefit 5�.000
J. Prior Service Credit � � �
'Iier 3: 2% @ 62
Local miscellaneous represented emplo}�ees in Tier 3 shall be responsible for the full emplo�ee
conffibution; which�;ill be applied to the Ca1PERS emplo�ee contribution. There is no
Employer-Paid?�4ember Con�ibution (EPMC). Final compensauon��ll be computed based on
the hiehest a��eraee compensation durine a consecutive 36-month period. subject to the
compensation lunit set b�� CalPERS. Contract provisions for Tier 3 benefits��ll be determined
b} CaIPERS pursuant to the Califomia Public Employees' Pension Reform Act of 2013.
�RTICLE 2.1� DEFERRED CO�•iPENSATIO\
R�CE membeis shall be elioible to panicipate in the Cirv's appro�•ed deferred compensation plans
offered b�•the Cin�.
:�RTICLE 2.15 RETIREE HEI.LTHCARE
The Cirv ��Rll no longer provide for subsidized retiree health caze rates bv offering a blznded
healthcaze race for emplo}�ees hired after Januarv 1, 2011. The Cin will continue to offer a
blznded healthcare rate for emplo}ees hired prior to Januan 1, 2011.
�'CE'�40li 07/O1/13-06G0/li Pze> I�
_
Resolution No. 2013-184 �
Page 74
;
SECTION III HOURS �
ARTICLE 3.01 «'ORK PERIOD
The work period is a fixed and regulaz recurring period of work hours during the seven
consecutive 2� hour periods beginnmg at 12:01 a.m. on Friday moming and ending at 12:00
midnight the following Thursday evening.
ARTICLE 3.02 VACATION
I. Definition - For the purpose of this article, the definitions for continuous service,
in2ermittent service; acti��e service; tune ���orked, calendaz peaz and employee as found in
the Civil Service rules shall apply. -_
II. Vacation
A. Vacation Accrual -.Continuous service: Each employee paid at a biweekly rate
who has had continuous full-tune active service shall be entitled to vacation with
pa}�. This benefit v.211 be calculated based on 26 pay periods per fiscal year. The
folloti�ine provisions shall apply:
1. Employees wdll accrue 80 hours during the first through four[h yeaz of service
(cumulative to a total leave balance of 240 working hours). This benefit will
be accumulated at the rate of 3.07 working hours for each full biweekly pay
period of service performed.
2. Employees will accrue and be eligible to receive 120 hours annually
(cumulative to a total leave balance of 360 hours) during the fifth through
ninth }�eaz of service. The benefits will be accumulated at the rate of 4.60
��rorking hours for each full biweekly pay period of service performed.
3. Employees �i�ll accrue and be eligible to receive 160 hours annually
(cumulative to a total leave balance of 480 hours) duruis the tenth through
fourteenth yeazs of semice. This benefit will be accumulated at the rate of
6.14 working hours for each full biweekly pay period of service performed.
4. Employees will accrue and be eligible to receive 200 hours annually
(cumulative to a total leave balance of 600 hours) during the fifreenth and
succeeding years of service. This benefit will be accumulated at the rate of
7.70 working hours for each full biweekly pay period of service performed.
�. Nlaximum Vacation Accrual - At no time may an employee have more than
three ��eazs of vacation leave accumulated. No credits shall be accrued above
this limit. '
WCE.MOU 07/O1/li-06/30/IS Paee 16 -
Resolution No. 20li-]S4
Paee 7�
6. i%acavon accnal rate chanees Hill become effective at the bzEinnine of the
pa}� period which includes rhe emplo}�ee's anaiversan� date oi benzfited
status.
7. i%acarion sell back — All members of represented classifications uho have
completed at least five (�) vears of serrice shall have the option of selline 60
hours of accrued ��acation back to the Cin in 20-hour incremenu. The
accumulated vacarion balance uill be reduced accordinah.
B. Eacb part tune employee paid at a biweeklv rate shall be entitled to vacarion ��ith
pac. Ihe number of u�orkin2 dav; of such vacation shall be computed on the
basis set for�h in subsection (2); (3); (4) or (�) and shall be in the propor[ion that
the pan-time emplo}�nent beazs to full-time emplo«nent.
C. Emplo}�ees separated from Cin ser�ice; w�hether voluntaFil��or involuntaril�, shall
be �anted all of the unused ��acarion to w-hich the}• aze entitled based upon
continuous service computed on the basis set fonh in subsections (1). (2), (3) or
(�1). .Pa�ment shall be made hour-for-hour ��ith anv portion of an hour being
considered a full hour.
D. Vacation lise - Vacation leave balances shall be reduced for actual time not .
�i°orked to the neazest quarter hour. .Absences ma�� not be chareed to vacation not
alreadv accumulated.
i "'
:1RTICLE 3.03 SICI�LE���E
A. 9ccumulated paid sick leave credit is to be used for the sole purpose of protectina
the employee's �i�aees in the event an absence from work is made necessan°
because of disabilitv due to the injurv or illness of the employee or mzmbers of
the employee's immediate famil��. For purposes of this article immediate famih•
is defined as spouse; domestic partner, child; stepchild, pazent, stepparenc, sibline,
pazznc-in-]aw; grandpazent, or anv. other person li�•ine as a member of the
emple�•ee's unmediate howehold.
B. Sick Leave Acerual - Computadon of sick leave: Sick leave with 'pa}� is
cumulati�e at the rate of 3.69 working hours for each biweekl}' pay period of
acti�e sen�ice, 96 hours annuall��; beeinnine at rhe time of full-time pe�anent
probationary emplo}�nent. This benefit is calculated on 26 pay periods per fiscal
ceaz. Permanent part-tune emplo}'ees shall recei�'e sick lea��e with pac in the
proponion that such pan-rime emplo}ment beazs to full-time emplo�v�ent. a
person w•ho has held a position �ith temporary or interim starus and is appointed
to a posiuon Hith probarionan status. without a break in sen2ce; ma� have such
timz credited to sick ]eave upon the recommendacion of the Appointing .4uthority
and the Human Resources D'uector and with the appro�al of the City?�4anager.
� 0.'CE.A90U Oi/Ol/li—O6/30/1� , Pa°_e �i
_ _ ... . __..
_ __
Resolution No. 2013-184
Page 76
C. Maximum Sick Leave Accumulation - tinused sick leave may be accumulated in
an unlimited amount.
D. Sick Leave Use - Sick leave balances shall be reduced for actual tune not worked
to the nearest quarter hour foi reasons alloy�able under this section. Absence for
illness may not be chazged to sick leave not already accumulated.
E. Sick Leave Verification - The City may; in its discretion, requue a doctor's
certificate and/or a personal s���orn 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 fumish a doctor's certificate; the employee shall be notified by his or her
supemisor that a doctoi s certificate shall be required ��hen the employee notifies
the Cip�that he or she will be absent by reason of illness or disabiliry-.
Sick leave verification may be requested at any time it appears to the Appointin2
Authority there is a pattem or practice of sick leave use that could be related to
abuse, regazdless of whether the individual has a sick leave balance on the books.
An employee's exhaustion of his or her sick leave balances will not automatically
trigeer the �erification requirement However; when verification is required, the
emplo�°ee must show an immediate unprovement in his or her use of sick leave.
Sick leave usase ��ll be monitored for a period of six months. If at any time
during that period there is any abuse of sick leave, the employee �2ll be subject to
disciplinarv action up to and including termination.
F. Sick Leave Reunbursement
1. Employees usin� thirty-two (32) hours qf sick leave; or less, during the
fiscal yeaz; shall have the option of converting twenty-five percent (2�%)
of their remaining yeazly sick leave to pay.
2. Pay shall be computed based on the following schedule and all computations
shall be rounded to the nearest whole hour:
REn74INI1�'G YEARLY SICK LEAVE PAY OPTION 25%
96 hrs 24 hrs
88 hrs- 22 hrs
80 hrs 20 hrs
72 hrs 18 hrs ;
64 hrs 16 kus
56 hrs p
3. If the pay option is selected, the paid sick leave hours shall be subtracted.
from ihe employee's accumulated yeazly sick leave balance. The
remainine sick leave hours shall be carried over to the next Fiscal yeaz and
WCP.MOU 07/O1/13-06/30/li Pa°e 18
Resolution No. 2013-18�
Pa�e 77
! accumulated. (Eaample: Employee uses 32 hrs sick leave. Hz or she then
elecu to recei�e pay for 2�% of remainine da��s pa}�nent or 16 hrs. The
16 hrs aze subtracted from his or her remainine ��earl�� sick lzave and the
other�S hrs azz added to the emplo}�ee's accumulated sick Iza�e balance.)
4. Pa�v�ent will be made during the month of Juh� of each ��eaz. Pa} «2ll be
computed based on the emplo}•ee's salan� step on June 1�.
�. Pa�Tnent will be made on]}� to emplocees on Ciry pa�7o11 t�el�e (12)
consecutive monchs prior to the pa}off calculation. Permanent employees
ubo retire durins rhe fiscal }ear ��ll be compensated under this plan based
upon their formal reurement date. Prorated pa}�ments will not be made to an
emplovee w-bo temunates durine the fiscal }eaz. However, in the e�ent of the
death of an indi�-idual while employed by the City; 100% of the emplo}�ee's
unused; accumulated sick leare will be paid to the appropriate beneficiary as
prescribed bv law.
:�RTICLE 3.04 BERE���E�fE\T LE?,VE
���hen an emplo�°ee uith permanent starus is compelled to bz absent from ���ork because of the
death of an immediate fanuly member as defined in.Anide 3.03 (_�), the emplo��ee may be
? allo��ed to use-his or her accumulated sick leave; vacation; compensatorv time or floarins
- holiday tune for up to five (5) calendar days, plus three (3) uavel davs. The employzz must make
a urinen request and receive written approval from his or her Appointing Authorin�.prior to
takine bereavement leave.
ARTICLE 3.05 HOLIDAI`S
L Hard or Fixed Holida��s w�ll be celebrated on the da�• that Cirv offices are closed for
emplo}�ees wlio work the uaditional �4onday throu2h Fridav ��•ork week. For the
term of this MOU. the Holidav schedule is as follows:
I��DEPE\�E�CE DAY JLZl' 4`"
LABOR DA�' 1�`\-fONDAl' L� SEPTEMBER
��ETER�\S` DAI' \OVE�4BcR 11`�
TI-L-�\'ICSGIVLNG DAI' 4'�THL-RSDAY' L�� \�0��?��ER
DAY'AFTER TI-L4.\�KSGIVING
CHRIS'MAS DAY" DECE_Y�ER 2�`"
NE��� Y�4R`S DAY J_�\'[1:�RY ls
vL4RTL\ LUTHER KL\�G. JR. D�Y 3`d!�40\�DAY L�� J.�\ti:�Ri'
CES.�R CI-LaVEZ DAY \Z:�RCH ;1�`
Dg?�40RL-�I D.�Y" L?ST MO\��Y I�?�ti�Y"
WCE.MOU 07/O1/1:-06/30/li Paee 19
_. . _ . .. . ......
� Resolution No. 20li-18� �
Page 78
II. Hard Holiday Pay i
A. Full time employees shall receive ei2ht (8) hours pay at their regulaz hourl}' raie for
each hard holiday. Permanent part-tune employees shall receive holiday pa�� at their
rewlaz hourlv rate in the proportion that such permanent part-time emplot�ment beazs
to full-time employment.
B. In addition to the holiday pay, overtime compensation shall be paid to eligible
employees«-ho must�3�ork on any hard holiday.
C. If a hard holiday falls on a Sarurday; the preceding Friday shall be obsen�ed as the
holiday. If a hazd holiday falls on a Sunday, the following Monday shall be obsen ed
as the holiday.
IIL Floatin� Holidays --
A. Amount - Effective the first pay period in July of each fiscal yeaz of this MOU,
employees shall be credited N�ith eieht (8) hours floating holiday time each for each
of the fo11ow2ng days:. Lincoln's Birthday,.Washington's Birthda}', 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 tune at ttieir discretion,
subject to staffing needs and with the approval of their Appointing Authority.
B. Floating Holida; Use - Employees using floating holiday time before the holida�
passes and subsequently leaving City service will be charged for such time.
Employees who do not use their floatine holiday time before June 30 of the Fiscal
yeaz will lose such time: The smallest unit of time cl7argeable to floating holiday time
is one half hour.
IV. Additional Floating Holiday
WCE represented employees shall also be allotted eioht (8) additional hours of floating holiday
per yeaz for fiscal yeazs 20li-2014 and 2014-201�. The eight (8) hours may be tal:en in the
same manner as vacation leave. The eieht (8) hours must be used in its respective fiscal year;
may not be camed over to the next fiscal year, and may not be cashed out.
ARTICLE 3.06 JLiRY DtiTY
Permanent and probationary employees who aze called to serve on jury dury for any counn; state
or fzderal court ti�ithin 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 couri order to appeaz for jun�
dun� at lzast fluee weeks prior to the datz co repor[.
B. The emplo}ze must submit a dailv, coun authorized, stamped time cazd accounting .
for all hours of service ordered bv the cour[.
C. Ifjun' sen�ice and travel tune from coun to Nork is less than five hours (7 bours for
person on a 4/10 plan) in a work da�-; the employee is expected to renun to work
unless a justification for not retumins fo work is provided and approved, or
pre-auchorized leace is approved. �
D. An emplo}'ze who is requued to sen e jurv durv on his or her scheduled days off Hill
not be compensated for this tune.
E. If the emplo}ee is not required to report for jury durv on any particulaz day(s) he or
she is then expected to be at work as per the normal �vork schedule.
F. It is the emplo}•ees' responsibility to inform his or her supen�sor on a dailv basis if he
or she is required to repon for jurv dun-the following da}'. This mav include callina
the supen�isor afrer or before normal workine hours.
G. Absence due to jurv duty will be submitted on the City leave form.
`=�� H. An emplo}ee �ahose work week is other than Monday throuoh Friday (8:00 a.m. to
�:00 p.m.) may have jury duty work da� adjusunenu made b}'his or her supervisor.
ARI�ICLE 3.07 COL72T LEAVE
Court leave is paid leave granted by the Ciry- so an employee may fulfill his or-her duty as a
citizen to sen�e as a wimess in a court action io which the emplo��ee is not a pam�; before a
federal; superior; or municipal Court located w-ichin San Diego Count}�.
Court lea�°e shall be limited to:
A. Required anendance before federal. superior; municipal, and jtistice cour[s located
��ithin San Dieeo Counn�.
B. Time in attendance at court toeecher w�th reasonable tune ben;�een court and
n'ork. If attendance is for less than a full day and the emplo}ee can reasonably be
expected to rerum to�rork; he or she is required to do so.
C. Cour[lea�e shall not be santed N•hzn the employee is paid an ezpert�iimess fee.
�-... :;
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D. Court lea��e«�ill only be a anted fo employees who are not litigants nor related to
litisants in the ci��il case in which they are called to appeaz or defendants in a '
criminal case.
E. Emplovees shall provide their supervisor with a copy of the legal subpoena and
pro��ide other documentazy evidence_of service.
F. �'hen employees aze subpoenaed in the line of duty they shall be guaranteed a
minimum of h��o hours pay for each separate court appearance, including travel
tune.
ARTICLE 3.08 PROFESSIONAL LICENSE OR REGISTRATION
EX?�.1�i TATION LEAVE
Represented employees who have made application for and aze scheduled to participate in a
licensure examination for Professiona] Engineer, Professional Traffic Engineer, Land Surveyor,
Architect, Plans Examiners; Qualified .SVJPPP Developer (QSD), and Qualified SWPPP
Practitioner (QSP) shall, upon verification by the Appointing Authority, be granted time with
pay to participate in any such part of the examination which is scheduled during City work
houis. Such time off shall be ganted one time only and shall not be charged to any leave time.
If the emplo}'ee is required to take a license eaamination more than once, the employee must use
his or her accrued ]eave. �
ARTICLE 3.09 JOB SHARING
A WCE represented emplo}°ee may submit a request to his or her appointing authority to shaze
his or her job tirith another eligible and qualified empioyee. The Human Resources Director,
after consideration of a recommendation by the Appointing Authority, may gant or deny such
request. Requests shall not be unreasonably denied. If granted,jobs may be shazed on an hourly
or daily basis. All legally-pemussible benefits will be pro-raYed. Each emplo}�ee shall be
notified, in writing, by the Appointing Authority (as defined in the City Charter) at the time of
tl�e appointment and such notification will clearly define the benefits to which each employee is
entitled.
ARTICLE 310 LEAVES OF ABSENCE
MILIT.�RY 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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t �RTICLE 311 �'OLL�'T�RI`«'ORi�FURLOtiGH
I. �'CE represented emplo}ees ("Emplo��ees) ma�' request up to five davs (40 hours) of
voluntary furloueh per fiscal vear througb the Ciry`s��oluntan�work furlough pro=ram.
Requesu must be made in da�� (8 hour) increments. The voluntary furlough may be taken
in the same manner as vacation leave. Voluntan'furloueh must be taken before an�° other
lea��e balances are used. eacludine sick lea��e balance usaee. The ��oluntan� fiulou�h mw-t
be taken before rhe end of each fiscal veaz.
II. Emplo��ees who, throueh no fault of theu own; were not allo��ed b��the Cin-to take the
��oluntarv furlouah durine the 2013-2014 fiscal veaz. mav cam•over the unused hours
into the 201�-201� fiscal yeaz. To be eligible for cazno�er, employees must
demonstrate in��Titine that thev requested voluntary furloush durine the 2013-2014 fiscal
yeaz and that the Appointing Authority denied their requesu.
III. Employees may not have accrued more than five (�) da�s (40 hours) voluntan'fiuloush
durine the 2013-2014 fiscal �-eaz,unless carried over as explained above.
IV. Emplo}ees Hill be gi�en notice on ?�4av 1s`of each fiscal veaz or the first b4onday
followine D4av ln of each fiscal veaz of the necessirv to sign up for voluntan�work- .
furlou�and Nill be 2iven three weeks to complete the request.
` �
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SECTION IV R`ORKL\'G CO\�ITIONS i
9RTICLE 4.01 PROHIBITED PRACTICES
L RTCE pledees 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 oi other�2se
impair the normal functions and p;ocedures of the CiTy.
II. Should any unit emplo��ees breach the obligations of Pazagraph I during the term of this
MOU, the Cin' Manager or his or her designee shall immediately notify WCE that an
alleged prohibited action is in progress.
III. WCE shall; as soon as possible, and in any event, within eight workin� hours disavow
any strike or other alleged prohibited action and shall advise its members orally and in
writing to irnmediately retum to work and cease the prohibit8d activity. WCE shall
provide ihe Cirv Manager with a copy of its wrirten advisement. WCE agrees to accept
the responsibiliry for the strike or othet prohibited activiry if it fails to follow one or moie
of the duties set forth in this article.
N. If WCE disavows the prohibited activity and takes al] positive actions set forth in this
b40U in good faith; the City shall not hold WCE financially or otherwise responsible.
The City may impose such penalties or sanctions as the Ciry may appropriately assess
against the participants.
V. Should WCE breach its obligations or any of them under this section during the term of
this MOU, it is agreed that the City shall puxsue all legal and administrative remedies
available to the City that in its discretion it may elect to pursue.
VL There shall be no lockout by the City during the term of this MOU.
ARTICLE4.02 C�REERADVe�NCEMEl�'T
I. For ��JCE represented employees hired on or befoie June 30, 2013, the followin� provisions
shall apply:
A. Promotion
1. The Assistant Eneineer classification will be considered a career advancement position to
the Associate Ensineer level. Employees will not be required to undergo a promotional .
exam but«�11 qualifi� for certification upon(1) fulfillment of a minunum of one veaz as
an Assistant En�ineer and upon tl�e for��azdine of a positive recommendation by his or
her Appointins Authority or (2) becoming re�istered as a professional eneineer by the
State of California. Permanent employees who advance from the Assistant Eneineer
classification under n(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 n(2) above, shall serve at least a six month probationary period at the
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Paee 83
� .Associate Enaineer le��el and at lzast a combined total of one ��eaz as an Assistant
Eneineer and/or�ssociate Enaineer.
Z. Emplo�°ees classiiied as an Associate Eneineer w�ll be allo�•ed to use the w�orkiug titles
of .Associate Ci�°il En�ineer or Traffic Engineer upon (a) becomins reaiscered as a
Professional Ci��l En�ineer or Professional Traffic Engineer b�� the State of Califomia;
and (b) upon completion of the probarionan� period specified above and upon forwazdine
of a positi�e recommendation b�° the relevant AppointinQ Authority to the D'uector of
Human Resources.
3. The cazeer advancement provisions described in numbers 1 and 2 abo�e will also be
applicable for Assistant Survevors UII.
B. The pro��ision szt forth in paza�aph I.A, abo��e; shall not be construed under an}�
circumstance as crearine a vested right either expressly or impliedly. Ihe Cin resen-es its rieht
to and may; like anv other term; seek to modif}� or terminate this-provision in subsequent
MOli's.
II. For �4�CE represented emplo}�ees hired afrer June 30. 2013; the folloNing pro�'isions shall
appl�:
A. Promotion
'?: 'j 1. The Assistant Engineer classification will be considered a career advancement position to the
- Associate Engineer le�el. Emplo��ees will not be required to undereo a promotional exam;
hoHe�-er, an emplo}'ee's ad�-ancement to the Associate Enaineer w211 depend upon the Cin's
operational needs. Employees ma}�qualify for advancement to Associate En�ineer upon:
• Successful completion of the probationary period as Assistani Engineer and a positive
recommendation by his or ber Appointine .4uthorirv
Or
• Registration as a professional eneineer by the State of California and a positive
recommendacion b} his or her�.ppoinrine Authoriry
2. The cazeer advancement provisions described above also apply to the Assistant Surve}�or UII
classifications.
3. Emplorees classified as an Associatz Eneineer will be allo«'ed to use the workine titles of �
Associate Civil Eneineer or Traffic EnPineer upon (a) becoming registered as a Professional
Civil Enaneer or Profzrional Traffic Engineer b}' the State of Califomia; and upon forwazdina
of a positive recommendation b}� the relevant Appointing Authorin� to the D'uector of Human
Resources
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ARTICLE A.03 DRIVIlVG ELIGIBILITY
V�1�enever an emplopee drives a vehicle for City business he or she shall have a valid Califomia
driver`s license. In order to ascertain the ��alidiry of the employee's licenses, employees must
present their driver's license to their supervisor upon request. The City reserves the rieht to
check at an�� time with the Depar[ment of Motor Vehicles to determine if the license is ��alid. If.
an emplo��ee's drivers license is revoked, suspended or othenvise made im�alid, the employee
must inform his or her supemisor. Failure to notify tt�e supervisor may result in immediate
disciplinary action.
An emplovee who does not posses a valid California driver's license N211 be considered fot a
non-driving position; if one is a��ailable in the employee's classification. The non-drivine
assienment w2ll continue for a maa:imum of six months if there is a reasonable expectation the
employee w211 have a valid Califomia driver's license at the expiration of that time. E�tensions
to the six-month limit w�ill be considered on a case-by-case basis. In no=case shall an employee
receive more than one non-drivine assignment in any three-year period. When no non-driving
assignment is available; an emplo}�ee must request a ]eave of absence w�ithout pay for six months
or until such time as his or her license is once again valid, whichever is shorter.
In order to assure that non-driving assignments aze provided on a fair and equitable basis; the
fo11ow2ng procedures shall be observed:
A. Each department will determine whether it has any non-driving assignments that
can be filled by employees who would otherv✓ise have driving assimments.
B. 1�'on-driving assignments will be given on a first come, first served basis. For
example; if h��o employees in a department have a non-valid driver's license and
there is only one non-drivin� assignment, the first employee who comes forwazd
will be eiven the.non-driving assierunent The other employee may apply for a
leave of absence as described above.
ARTICLE 4.04 FITNESS FOR DUTY
The parties agree that it isreasonable to require that employees be physically and mentally fit to
perform the duties of theirjobs. Such requ'uements instill public confidence in the Cin� s abiliri�
to meet the public needs of its residents. Rewgnizing these important factors,:the panizs aoree
that during the term of this MOU, the City with reasonable cause, may requixe medical and
psychological assessments of employees provided the City pays the costs of the assessments and
provides time off�ithout loss of pay for such assessments. All such assessments shall be done
by appropriately qualified health caze professionals. It is understood that the assessment regimen .
performed by the health caze professionals shall be reasonably related to the requirements and
duties of the job.
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Resolution �o. 2013-184
Pa�e 8�
<1 An�� veatment or remedial action recommended as a result of the assessment shall be rhe full
responsibilitv of the employee. except as otherctise provided b�� law or as ma�- be provided
throuah the Citc's Emplo}ee assistance Proeram (EAP).
�RTICLE 4.05 SL-BST�\CE/AI.COHOL�BtiSE PROGR�Di
Represented employees are subject to the City's Substance Abuse Policy.
�1RrICLE 4.06 DLRECT DEPOSIT
All represented emplo}�ees �211 be required to provide �Titten authorizauon to the Ciry's D'uector
of Finance to elecuonicall}• deposit their pa}�checks to a financial instimtion of theu choice. For
new employees, the effecti��e date of this article will bz the date of hire.=For current emplo}-ees,
the mandator}�d'uect deposit proffam�iill be phased in so that employees who do not currentiv
havz an account with a financial instirution ha�e sufficient time to establish accounts�ith the
financial institution of their choice. The €mal date for implementation of this program w2ll be
December 1�. 200�.
�RIICLE 4.07 GRIEV�\CE PROCEDLRE
This 2rievance procedure shall be in effect durino thz full term of this?�40U
Secuon 1. PtiRPOSE. The purposes and objectives of the Grievance.Procedure are to:
` (1) Resoh�e disputes arising from the interpretation, application or enforcement of
specific terms of this D40ti.
(2) Encourage the senlement of disaereements informallv at the employee-supen�isor
level and_provide an orderly procedurz to handle sievances throu� rhe several
supznisorv levels ��•here necessan�.
(3) Reso1�e 2rievances as quickly as possible and correct; if possible; thz causes of
ffievances thereby reducing the number of erievances and furure similar disputes.
Section 2. DEFI?�ITIONS. For the purpose of this 2rievance procedure the folloNing
definitions shall appl}-:
(1) �4anaser: The Cin'�4anager or his or her authorized reprzsentati�'e. ,
(2) Dav: A calendaz da�; excluding Samrda�•s; Sundays and hard holida�s as
described bv this MOli.
(3) Appointing Authorin• or head of a deparmienc: The chief execuci�e o�cer of a
_ depar[ment.
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j
(4) Director of Human Resources: The Director of Human Resources or his or her
authorized representative.
(�) Employee: Any officer or regular (not temporary) employee of the Cin�; except
an elected official. �
(6) Emplovee representative: An individual who speaks on behalf of the employee.
(7) Grievance: A complaint of an employee or group of employees arising out of the
application or interpretation of a specific clause in this MOU.
(8) Immediate supervisor: The individual who assigns, reviews, or directs the work
of an emplo��ee.
(9) Superior: The individual to whom an immediate supervisor reports.
Section 3. REVIER�ABLE AI�TD NON-REVIEWABLE GRIEVANCES.
(1) To be rerie�i-able under this procedure a grievance must:
(a) Concern matters or incidenta that have occuned in alleeed violation of a
specific clause in this MOU; and
(b) Specif;� the relief sou2ht, which relief uiust be within the power of the
City to erant in whole or in part.
(2) A grievance is not reviewable under this procedure if it is a matter which:
(a) Is subject to those reserved City Management Rights as stipulated under
Section 4 of the Employer-Employee Relations Policy for the City of
Chula Vista or under management rights as specified in this MOU.
(b) Is reviewable under some other administrative procedure and/or rules of
the Civil Service Commission such as:
1. Applications for cbanges in title,job classification or salary.
2. Appeals from a formal disciplinary proceeding.
3. Appeals arising out of Civil Service examinations.
4. . Appeals from work performance evaluations.
�. Appeals that have a civil rights remedy or some other remedv
specified by law.
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Paoe 87
;:;
(c) General complaints not directl}'related to specific clauses of this�40U.
(d) �Yould requue the modificarion of a policy established b�'the Cit}�CouncIl
or bc lati•.
(e) Relates to an} Cirv eioup insurance or retirement program.
Secuon 4. GE\`ER�L PROVISIO\ OF TI� GRIEV.�\CE PROCEDL�RE.
(1) Grie��ances ma}� be initiated onl}- bv the emplo}�ee or employees concemed and
mav not be pursued��thout his or her or theu consenc.
(3) Procedure for Presentation. In presencing 6is or her erievance; the employee shall
follo�v the sequence and the procedure outlined in Section-�.
(3) Prompt Presentarion. The emplo}•ee sball discuss his or her erievance with his or
her immediate supen°isor within ten (10) w�orkine days after the act or omission
of manaaement causing the erievance; or w2thin ten (10) H�orkins dar-s of when
the employee, with the exercise of reasonable dIlieence, should have discovered
the act or omission beine 8-ieved.
(4) Prescribed Form. Ihe ��rirten �rievance shall be submitted on a form prescribed
� b��the Duector of Human Resources for this purpose.
(�) Statement of Grievance. The erie�ance shall contain a statement of:
(a) The specific siruation; act or acu complained of a violation of the MOU;
(b) The inequin�or damaee suffered b��tbe emplo��ee; and
(c) Thereliefsought.
(6) Employee Representative. Ihe employee ma� choose someone to represent him
or her at an�� step in the procedure. \�o person hearins a a-ievance need recoenize
more than one representative for any employee at an}� one time, unless he or she
so desires.
(i) Handled Durine ���orkine Hours. \k�henever possible; arizvances �ill be handled
durin�the regulazly scheduled ti�orking hours of the par[ies involved.
(8) Extension of Tune. Ihe time limiu Nlthin which accion must be taken or a
decision made as specified in this procedure mav be extended bv mutual written
consent of the panies invoh�ed. A statement of the durarion of such extension of
time must be sioned b� both parties in�olved at the step to be extended.
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Resolution No. 2013-184
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(9) Consolidation of Grievances. If the grievance involves a group of employees or if �
a number of employees file separate grievances on the same mafter; the
erievances shall, whenever possible; be handled as a sinele �rievance.
(10) Settlement. Any complaint shall be considered settled without prejudice at the
completion of anp step if all parties aze satisfied or if neither party presents the
matter to a higher authorin-w�ithin the prescribed period of time.
(11) Reprisal. The grievance procedure is intended to assure a grieving employee the
right to present his or her grievance without fear of disciplinary action or reprisal -
bv his or her supervisor, superior or 9ppointing Authority, provided he or she
observes the provisions of this grievance procedure.
(12) Back pay. The resolution of a grievance shall not include provisions for back pay
retroactive fwther than twenty (20) ��orking days prior to the dare the arievance is
filed. Ho�;�ever; if with the exercise of reasonable diligence the act or omission
being grieved was not discovered within 10 working days of its occurrence, and
the erievance 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 �rievance was filed so long as such back pay
awards aze compliant with the law.
Section �. GRIEV.�\'CE 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. �Uithin three (3) working days, the supen�isor shall give
his or her decision to the employee orally.
Step 2 Written Grievance to Superior.
If the employee and supervisor cannot reach an agreement as to a solution of the
2rievance or the employee has not receiyed a decision within the three (3)
working days time limit,the employee may within seven(7) working days present
his or her grievance in writing to his or her supervisor. The supervisor sball
provide his or her �zitten comments to the grievance and present the erievance
and comments to his or her superior within seven (7) working days. The superior
shall heaz the grievance and give his or her written decision ,to the employee
within se��en(7) working days afrer receiving the grievance.
Step 3 Grievance to Appointing Authority.
If the employee and superior cannot reach an agreement as to a solution of the
grievance or the employee has not received a written decision within the seven (7)
workine davs' lunit; the employee may within seven (7) workins days present lus
or her a-ie��ance and all written comments and or decisions in writine to his or her
Appointin� Authority. The Appointing Authority shall hear the grievance and
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Pa�e 89
i give his or her �ritten decision to thz zmplo�°ee wi�hin seven (7) worl:ine da}s
afrer receivine rhe erie�-ance.
Step 4 Grie��ance to D'uector and �4anaeer.
If the 2rievance is not settled at the Appointing Authorit} level; it ma}� be
submined by the R�CE Representative «�thin tN�enn� (20) N�orkine days to the
Director of Human Resources: «'ho shall investieate and repor[ his or ber findines
and recommendations to the Cin� �4anaeer «ithin ten (10) workine davs. Ihe
City �4anager shall.provide his or her ans���er ��ithin ten (10) additional workine
davs. Il�e times indicated ma� be extended by murual ageement An}'Employee
grievance will be filed by the R�CE Representative at Step 4.
Follo�tiine the submission of the Cin- \-fanaeer's ansti'er. and before eoine to
Section 6. Ad��isorv rlrbi�ation. maners ���hich aze unresoh�ed shall be discussed
at a meeting ben�een the par�ies during which al] per[inent facu and information
Hill be reviewed in an effort to resol��e the matter throush conciliarion.
Section6. P.DVISORY:�RBITR�.TION.
riny dispute or orievance �ihich has not been resolved bv the Grievance
Procedure mav be submitted to ad�7sorv arbitration bv the Associarion
Representarive or the City ��ithout the wnsent of the other par� providine it is
submitted «ithin ten (10) worl:ine da�s; follo��ine its termination in the
� Grievance Procedure. The followine Ad�isory Arbiu-ation procedures shall be
follo�t�ed:
(1) The rzquesting pam� �;ill notifi� the ocher pam' in �zritin2 of the maner to be
azbitrated and the ivIOU provision(s) alleeedlv violated. `V'ithin five (�) working
days of the receipt of this notice; the panies may aaree upon an azbitrator, or a
panel of three azbivators �ained in conductine erie�ance hearings.
If agreement on an arbiaator cannot be reached, the State Department of
Industrial_Relation; shall be requested b�° either or both panies to pro��ide a list of
five azbitrators. Both the Cin and the R�CE shall have the right to s�ilce tw�o
names from the list. Ihe pam� requesting the azbitracion shall mike che first
name; the other pan� shall then strike one name. Ihe process �°ill be repeated
and the remainine person shall be the azbitrator.
(2) The arbitrator shall heaz the case ��ithin tw�enrv (20) «°orkins da��s af[er the
azbitrator has been selected. The arbicrator sball make rules of procedure. The
azbivator shall make a wiitten repon of his or her findin�s to the R�CE and the
City«�thin fifreen (]�) worl:ing dars afrzr the hearing is conduded. The decision
of the arbitrator shall be advisorv to che Cin� \4anaser who shall render a final
decision Nithin tzn (10) workine da}'s.
Thz arbitrator shall have no authorirv to amend; alter or modif� chis �40li or iu
_� terms and sball limit recommendations solel� to thz interpretacion and application
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Resolution No. 2013-184
PaQe 90
of this ?�40ti. The above tune limits of this provision may be extended by mumal
aareement.
(3) Each grievance or dispufe ��ill be submitted to a sepazately convened arbitration
proceeding e�cept when the Citv and V�rCE mutually agree to have more than one
grievance or dispute submirted to the same arbitrator.
(4) The Cit�� and the WCE shall share the expense of arbitrators and wimesses and :
shall share equally an}- other expenses; including those of a steno2rapher; if
requued by either party. If eithei party elects not to follow tbe ad�2sory decision
rendered by the azbitratoi, that party shall pay the entire cost of the arbivation
process; includine tl�e expense of the arbitrator,wihiesses and/or stenographer.
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Resolution No. 2013-1 S�
Paee 91
:
� �
I�eHev . acon \'anc� ���auon
Lead\e_ tiator A�estem Council of
Cin�of Chula V ista Ensineers
Chester Bautista
Co-\eeotiators:
Lisa Torres
Simon Silva =_
?neelica Aeuilaz
�4aria Kachadoorian
Jim Sandoval. Cin Manaser
Cirv of Chula��ista
Dave Kaplan
;l
/
Alan Re�es
WCE.MOU 07/Ol/1?-06/30/li Pase 53
Resolution No. 2013-184
Pa�e 92
i
ATTACHI�2ENT A
Le.ta:r ofUndcrstanding .
BetuT.Eu
\4'CE (tt�c"Unioa')And'1'he Ci7 of Chvla'l�ista(the"CiLy")
� 3tE: t�uatify Workforce Prcegram
7'ho linion azid�h.City agree to n3eet beyittting no later than September 32,2U73 with .
the iment rn a�ee upnn i�e ca�pensatian component ef the Quality R`o:kforee Yrog:am �
("QWY')no laze:than iviarh 32,2014. The foliowing shaR esteblish ihc pe;amztcrs iox
. thc pi0cecc: �
7. ASt inS'or.macion rz�zewed she11 be sYared by the Union and the City- This snc:ion
do�not app!y:o irr.,znation desir;ne��d as con�J�ntia!e�d/or pii68Pged by t13e
City.
2. Tl�e foI3owing subjeccs shsli be considered ap�.iropriste fc�r ihe p�rposes of this �
LeCrr of Uoderstanding: � ,
�e. Cumpsrable pccr group or]abor e��arket to be swrveyed for e�ich job or ,
groupufj�hs - ��
� b. lntcma]and esiemal jnh elassificatioa�s with wl�ich beu�eiain�unit
positions skw31 be compared and.�enc9iana,ked ioi any snle.�y surveg
. a VJhat pefcenii]e cu o�t3�er mrasarunent s��ali Uz used as t13e Farity goel
3. Eith:r party may invite ou�side consultants or experis tn garliei�ate in tlie process
at its own expensc.�8oth parties shall have access w thee consulfunts and capens. � -
+. Emp?o��u:s au�Dopa[Unent Heads nmy be sarve}•ed regnrding dndes, -
responsihiliiies,ffiid joU qua:ificatio�s.
5. If ab�reement is not reached by.Tanuary i 1,2014,then the partirs s�al]rcques[ �-
mediarion Yltrougli a muivally egrezd apon mediuior and,if nonz,L'nct t3iough the
State,Ylediation and C�aciliation Szrvice. �
. f�. Ihe a@rzzd upon cumpcnsatton compoaneni of tkic QWP shall pi»cidc thc
framework#'or wage negotiations bnweea the Union an��ti�e City for tl�e ,
� soccessor A4canorandu:n of Undcrs:andSng betwax:n ilec perties.
7. Dleeiings mey 6e coudac:zd jaindy with atl bnrgalning vnit emplo}�ecs�nd � �
mzn,.gemcni empluyecs in�ch dcpartmcnt to rcvicw tUe a��eed upan . - � �
- . compers¢rion comp�nent of the(1 W P}�rior tn inaplementaiion.
This Letter of Understan�iin�Shall 6e i�wr�oraeed hy referer�ce ia!he Mieano.andui3i c+f �
, CJnderstanding bc�wecn the;perGc;;. �
FOR THL• UFJION POR:TT3L:CITY � �
� Date: Datc:
I�`�D] . � �.
R'CE.MOU Oi/O1/13 -06/30/15 . Pa°e �4