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HomeMy WebLinkAboutReso 2015-227 RESOLUTION NO. 201�-227 RESOLUTION OF THE CITY COIT?�'CIL OF THE CITY OF CHULA V'IST.A .APPRO�'I?vG A MEI�90RA_��DU?�9 OF UT�ERSTAI�'DIIvG (`MOU") BETWEEN THE CIT1' OF CHliL.4 VISTA AND THE CHULA \%ISTA A4ID- AtiANAGERS/PROFESSIO\'.4L ASSOCIATION/SEIU LOCAL 221 (`n4n4/PR/SEIli LOC.AL 221"). RELATED TO COMPENSATION Ai�'D OTHER TERMS A?�D CONDITIO?�'S OF ENIPLOl'n4ENT: AND .4UTHORIZI�'G THE CIT1' MAIvAGER TO E?tECUTE THE AFOREMENTIO?�'ED MOU A?��D AIvY ADDITIO\'AL DOCUA4ENTS �1'�HICH MAY BE NECESSARY OR REQliIRED TO IA4PLEMENT S.AID A90U A�HEREAS, the Cit}� of Chula Vista and the Chula Vista �4id-!�4anaeers/Professional Association/Service Emplo��ee Intemational Union, Local 221 (`Mn4/PROF/SEIU Local 221") bazgaining unit ha��e met and conferred in good faith. as required b}� the ?�9evers-A4ilias-Bro���n Act (`?�4MB.A") Califomia Go��emment Code Sections 3�00 et. seq.; and R'"I-IEREAS, the City and n4M/PROF/SEIU Local 221 have reached agreement on compensation and other terms and conditions of employment. and consistent H�ith the MA4BA, ha�e set forth those terms in a A4emorandum of Understandine (MOU); ���hich has been designated as Attachment 1 for identification in this Resolution; andy �'HEREAS. the aforementioned MOU ���as ratified bv a vote of the n4M/PROF/SEN Local 221 membership on September 30, 201�. NOV�'. THEREFORE. BE IT RESOL\'ED bv the Citv Council of the Citv of Chula Vista. that it hereb� does (1) appro��e the MOU bet�i�een the Citv of Chula Vista and MM/PROF/SEN Local 221; (2) authorize the City n4anager or his designee(s) to eaecute said MOU and an} additional or required documents necessan� to implement said A90U; and (3) authorize the Cit�� Manaeer or his desienee to make such minor modifications to said MOU as mav be approved or recommended bv the Cit�� Attorney's Office. Presented b�� Appro��ed as to form b�� > � �� Courtne� ' ar�ett len R. Go�gins E Director man Resources Citr-A�Eerf��� Resolution No. 201�-227 Paae No. 2 PASSED. APPROVED; and ADOPTED b}� the Ciry Council of the Cin� of Chula Vista, California; this 6th da�� of October 201� by the following vote: AYES: Councilmembers: Bensoussan, McCann, Miesen and Salas NAYS: Councilmembers: None ABSENT: Councilmembers: Aguilar � Mar}� S s, Mayor ATTEST: ,�,� �, / ' ,� Donna R. Nonis. MC. Citv Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I; Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 201�-227 ���as duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 6th day of October 2015. Eaecuted this 6th dav of October 201�. Donna R. Norris, M , City Clerk Resolution?vo. 201�-227 Paee No. 3 `\�I� ,_ � tiuti �11 �� � CHULA VISTA T1E�40RAA�\`DiJT4 OF L1�ERST.�\`DLNG BET���EE\ CITl' OF CHLZA�7STA �\� CHLZ a�TST a NIID A7.4NAGERS/PROFESSIO\AL,ASSOCL�TIO\ October 6,2015—June 30, 2018 Resolution No. 2015-227 Pace No. 4 n1E1�90R4r�UM OF LT�DERSTA?vDII��G CONCERNIl�'G V�%AGES .AT� OTHER TERMS AND C01�TDIT101�S OF EA4PL01'1�gh'T BETV2EEN THE CITY OF CHLJLA V'IST,4 A�� THE CHUL.A V'IST.4 T�IID T1.41v.AGERS / PROFESSIOT�TAL ASSOCLSTIOT�' FOR THE PEWOD OF OCTOBER 6. 2015 (R.ATIFICATlO?�� DATE)-.TiJI�'E 30. 2018. TABLE OF CONTENTS SECTION I . ADn�TSTR9TION........................................................................................ 3 ... .ARTICLE 1.01 PkE.4�-BLE......................................__.............................................................3 .4RTICLE 1.02 RECOGNITIO?�.................................................................................................3 .4RT]CLE 1.03 CIT1' RIGHTS....................................................................................................4 ARTICLE ].04 CVMIvI/PROFA RIGHTS ..................................................................................5 .4RTICLE 1 AS LABOR-1�ti4NAGEMEi�'T COOPERATION....................................................6 ARTICLE 1.06 TERM AND EFFECT OF THIS MEA40RANDUM OF UI�'DERSTAATDI?�G 6 ARTICLE 1.09 RE7'ENTIOr OF BE?��EFTTS .................................................._........................ 7 .4RTICLE 1.10 S.AVR�GS CL.AUSE........................................................................................... 7 SECTION II COMPENSATION ....................................................................._..._................ 7 SUBSECTIONA. VV.AGES ....................................................................................................... 7 ARTICLE2.01 \�%.4GES .............................................................................................................. 7 ARTICLE2.02 ACTING PAY .................................................................................................... 8 ARTICLE 2.03 OUT-OF-CLASS ASSIGI�TI�gNT..................................................................... 8 ARTICLE 2.04 SPECIAL PROJECT PAY ................................................................................. 9 ART]CLE 2.05 BILI?�'GUAL PAY.............................................................................................. 9 ARTICLE 2.06 A4ILEAGE REIMBURSEMENT.......................................................................9 ARTICLE 2.07 S.4FETY EQUIPMENT,PROTECTIVE CLOTHING,8 TOOL ALLOWANCE.....9 ARTICLE 2.OS PROFESSIONAL ENRICHI�4ENT.................................................................. 10 SECTION II COn'IPEnSATION ........................................................................................ 10 SUBSECTIONB BENEFITS................................................................................................. 10 ARTICLE 2.09 ENIPL01'EE BET�'EFITS.................................................................................. ]0 ARTICLE 2.10 GROliP TERI�4 LIFE INSURAA'CE................................................................ 14 ARTICLE2.11 RETIREMET'T................................................................................................. 14 ARTICLE 2.12 DEFERRED C01��IPENSAT]ON...................................................................... 16 SECTIONIIIHOURS............................................................................................................ 16 ARTICLE 3.01 ALTERI�'AT1VE «'ORK SCHEDULES ......................................................... 16 ARTICLE3.02 V.4CATIOT...................................................................................................... 17 ARTICLE 3.03 SICK LEAVE................................................................................................... 18 ARTICLE 3.04 BEREAVEMENT LEAVE...............................................................................20 ARTICLE3.0� HOLIDAI'5......................................................................................................21 ARTICLE 3.06 JURY DUT1' .................................................................................................... 22 ARTICLE 3.07 COURT LE.AVE...............................................................................................?� ARTICLE 3.OS .IOB SHARTNG.................................................................................................23 MM/PROFA MOU10/6/15-06(30/18 Paee 1 Resolution No. 201�-22 i Pase No. � aRTiCLE 3.10 LEAVES OF ABSENCE ?��IIL IT.aFtl` LE.avE...............................................?; SECTI01 I�' R'ORI�LNG C01�ITIONS...........................................................................23 .�RTICLE�.01 PROHIBITED PR4CTICES............................................................................23 ART7CLE �.02 CLASSIFICATIO?�� STL-DIES.........................................................................2� .4RTICLE �.03 FITNESS FOR DliTY......................................................................................Z� ARTICLE �.04 SLBSTANCE ABliSE POLICl'......................................................................25 ARTICLE 4.0� �40DIFIED DliT1'...........................................................................................25 ,_ ARTICLE 4.06 DIRECT DEPUSI"i...........................................................................................25 ARTICLE 4.07 GRIEV.�NCE PROCEDLRE...........................................................................25 -aPPendi� .A...................................................................................................33 aPPendixB....:.............................................................................................3� MM/PROFA MOU10/6/15—06l30/18 Paee 2 Resolution No. 201�-227 Pa<_e No. 6 SECTION I AD1�4II�7STRATION ARTICLE 1.01 PREAMBLE This Memorandum of Understanding (MOU) is entered into by the Ciry of Chula Vista (Cin�) and the Chula Vista Mid Managers / Professional Association (MM/PROF); SEIU Local 221, CLC. CTV1, as a result of ineeting and conferring in eood faith concerning the N�ages, hours and other terms aod conditions of employment, pursuant to the Employer-Employee Relations Policy , of the City of Chuia Vista and the Caiifomia Government Code Section 3�00 et. seq., l:noN�n as the Mevers-Milias-Brown Act. ARTICLE lA2 RECOGn`ITIOA' �e City recognizes D�IIv1/PROF, SEIli Local 221, CLC, CTVJ; as the exclusive representati�•e for emplo}�ees in Classifications listed in Appendix A and B. Union Securitr . Dues and Service Fees. Each employee covered by this A2reement shall, as a condition of continued employment at the City, within thirty (SO) da��s of effective date of this Aereement or �a�ithin thirtp (30) daps of first employment in a MM/PROF position, execute the appropriate documents. which shall be provided by the City, in order to comply with one of the following: a. Union I�lembership. Become and remain a member of the Union in eood standine, or b. Service Fee Pavec Commence and continue to tender a service fee calculated bv the linion. This service fee ti�ill be equi��alent of a prorata allocation of the cost of collective bazgainioe (i.e. aeenc�� fee) ��ith the Employec The employee s prorata allocation of collecti��e bareaining costs with the Employer shall be calculated in compliance with all applicable la�rs. c. Relisious Eaemption. I�'ot��ithstandin�the above, any employee who is a member of and adheres to established and traditional tenets or teachings of a bona fide relieious bod�� or sect, which has hisrorically held conscientious objections to joining or financialh� supportine labor organizations, shall not be required to join or financially support the Union. Such employee is, however. required to pay sums equal to the charitable fund eaempt form taaation under Section �O1 (c)(3)of'7�itle 36 ofthe Internal Revenue Code. d. Maintenance of T�4embership. Any employee of che City co��ered under this asreement shall, as a condition of continued emplownent, maintain his or her membership for the duration of this aereement. � e. Open Period. I�otti�ithstandine an,� other provision of this Agreement. durine the five (�) da�� period ���hich constimres the first full work��eek of March of each year of the Agreement am� person ma�� eliminate his/her oblieation to the Union under subsection ] or subsection 2 abo��e by providine writteo notice of such intentions to the Finance di��ision���ith a copy to the Union. MM/PROFA MOU10/6l15—06l30/18 Paee 3 Resolution No. 201�-227 PaRe No. 7 .4RTICLE 1.03 CII1'RIGEITS The A�A4/PROF agrees that the Cin� has the right to unilaterall}� ma}:e decisions on all subjects thaz are ouuide the scope of bazgaining. The exclusi��e riohts of the Cin� shall include. but not be limited to: , _ A. Establish, plan for, and direct the w�ork force to��ard the organizational goals of the cin�eo��emment. B. Determine the oreanvation. and the merits. necessin. and level of activin� or sen•ice pro��ided to the public. C. Determine the cin�budoet. D. Establish. reoulate, and administer a merit or civil service svstem u�hich provides for all n�pes of personnel transactions, indudine, but not limited to, determinin2 the procedures and standards for the h'uine, promotion, transfer, assi�nment layoff. retention, and classification of positions in accordance ��ith the Citv Chartec Ci��il Sen�ice Rules. and established personnel practices. E. Discipline or dischazee emplo��ees for proper cause. F. Determine the methods, means, numbers, and kinds of personneL and the iob or position content required to accomplish the objecti��es and eoals of the Cirv. G. Subcontract out various sen�ices currentl}�performed by Ciri����ork force �ti�hen such actions���ill resWt in cost savines to the Citv. H. Effect a reduction in authorized positions. I. Tal:e actions necessarv to cam�out the mission of the Cirv in emereencies and in other situations of unusual or temporar��circumstances. J. Continue to esercise efficient and productive manaeement practices consistent w�ith federal and state laws and in compliance with the City Chaner and City ordinances. Terms and conditions set fonh in this MOU represent the full and complete understandine ben+•een the panies. Durine the term of this MOli, the 1�4A1/PROF eapressl�� ��•aives the right to meet and confer u�ith respect to an�� subject covered in this D90li, unless modified throueh [he MMlPROFA MOUlO/6/15—06(30/i8 Paee � Resolution No. 201�-227 Pa�e No. 8 voluntar��, mumal consent of the panies in a written amendment. This MOU terminates and supersedes those partial practices, agreements, procedures, traditions; and rules or regulations inconsistent with am� maners co��ered in the 1�40U. The parties aeree that durine the ne2otiations that culminated in this MOU, each pam� enjoyed the opportunity to make demands and proposals or counter-proposals wi[h respect to am� matter; even though some matters were proposed and Iater ���ithdra���n, and that [he understandings and agreements arrived at after the eaercise of that rieht and opportuniq� are executed in rhis MOU. „ The City`s exercise of its maaasement riehts is not subject to challenge through the grievance procedure or in any other forum, eacept where othenvise in conflict N�ith a specific term of this MOU, or ti�hen the exercised rieht im�ol��es a matter that is a mandatory subject of bareainine.. 9RTICLE 1.04 CVP1D'I/PROF RIGHTS I. Authorized representatives of the D�IIvI/PROF shall be allo�ved reasonable access to unit employees during ���orkine hours for the purpose of consultine reearding [he emplo}�er-emplo��ee relationship, provided that the work operation and sen�ice to the public are. not impaired and the authorized representatives shall have �iven ad��ance notice to; and been eranted authorization bv, the Appointing Authorin� or his or her designee H�hen contactine unit emplo}�ees durine the dut}� period of the emplo}�ees. The .Appointins Authority or his or her desienee shall determine the appropriate time for such access. A. A�A'llPROF inay desienate up to four (4) representati��es (in addition to [he President and Vice-President) who N�ill be allowed reasonable access to unit emplo��ees. Il. The MT4/PROF inay be granted use of Cih� facilities by the appropriate Appointine Authorin� for meetines composed of unit employees, provided such meetines are held outside regularly scheduled working hours for the group which is meeting; and provided space can be made available without interfering with the City needs. III. .4 reasonable amount of space shall be pro��ided to NIM/PROF on City Bulletin boards for postine of the following by authorized MA'1/PROF representatives: 1.1�'otices of Union meetines. 2.Notices of Union elections and their resulu. 3.1�'otices of recreational and social events. 4.Notices of official Union Business. �. ,4m�ti�ritten material, ���hich has received prior approval of the Director of Human Resources or their desienee. MM/PROFA MOU1 D/6/15-06l30/18 Paee � Resolution No. 201�-227 Paee ?vo. 9 TR�4/PROF/SEIli shall not pos[ an} materials that are derogaton�, offensive: libelous, in ��iolation of Cin� policies, or political macerials. If the Director of Human Resources determines that a postine �iolates this Arricle. the�� shall contact ?��L1.4/PROF/SEIli. ?�RvI/PROF/SEIii shall then promptly remove materials from bulletin boards determined ' b��the Human Resource Duecto;to be in ��iolation of this.�-[icle. N The Cin� shall bill ?��4�PROF 50.10 per member per pa}�period for the full costs incurred for dues deduction on behalf of A�L.1/PROF. V. �2�1/PROF shall be pro��ided, upon request, such literature and public documents as ma�� be necessan� (i.e., Cin budset Civil Sen�ice Commission meetines, open Council conferences, etc)when the requested documents are not available on the Cin�'s intrariet or intemet. ?.RTICLE 1.05 LABOR-T1A.\'AGEn'IE1T COOPER4TI0?� The parties aeree.that durins the term ofthis MOU, they �•ill continue to panicipate in efforts to contain health care costs. The City and D�1/PROF agree that the} will continue to have open discussions on maners of concem co the panies durine the term of this !�10li. The panies agree to develop policies to be included in the Cip� of Chula Vista Policv and _ Procedures manual and included in this D40li bv reference; in rezazd to an intemal appeal process of application of all polic} and procedures. The parties aoree meet and develop mutuallv acceptable lan2uage on a policy for the application of FLSA e�empt status in relation co use of accumulated sick and vacation leave. .4RTICLE 1.06 TERn1 :�\`D EFFECT OF THIS A'IED10RaNDLT1 OF L1'DERST.�,\�ING I. This MOli shall remain in full force and effect upon ratification, as set for[h in .4r[icle 2.01, Paragraph II.A.1., through June 30. 2018 (the date closest to Jul}� 1 that is the end of a pa�� period) and it is understood and aereed that the terms, conditions. �ti�ages. and all provisions of this D40ti shall continue in effect until a neN� n10li is neeotiazed and subsequentl��ratified by the DZ�1/PROF and adopted b}�the Cin� Council. If either pam� proposes to modifi�or terminate an}� of the tertns or conditions set fonh in this A90U for inclusion in a subsequent A90U. thev must notif} the other pam in u�riting no lazer than D4azch 1. 201 S. II. The pro��isions of this T10ti shall be subject to federal. state, and local lau�. MM/PROFA MOU 10/5I15—OSl30l18 Paee 6 Resolution No. 201�-227 Paae No. 10 4RTICLE 1.09 RETENTION OF BENEFITS The represented emplo}�ees covered br this D40U shall retain all benefits provided in this �40U for [he full term of this MOli and for am� such additional period of t[me as pro��ided in Section 1.06. Benefits, rieh[s, or privileQes not specifica]]�� covered by this MOU. but subject to the Me��ers-1�4ilias-Brown Act ma� be acted upon b�� the Cin� without mutual consent after meetine and conferrine��ith n�IIvl/PROF. AF2TICLE L10 SAVINGS CL9USE If any article or section of this MOU is held to be in��alid b�� operation of law or by any court of competent jurisdictio�. or if compliance with_ or enforcement of, an}� article or section is restrained by such court, the remainder of this MOU shall not be affected by such action. The panies shall if possible meet and confer for the purpose of arriving at a mutuall}� satisfactory replacement for anv arzicle or section im�alidated b�� operation of la��. SECTION II COMPENSATION SL-BSECTION A. VVAGES AItTICLE 2.01 WAGES I. MM/PROF represented employees are FLSA-exempt. II. A. [Salarv.4djustments] Salary adjustments shall be made as follows: ]. 2%or salar�� adjustment to the Second Quartile(50°/o) based on the Januan�201� salary sur��ey, whiche��er is greater. This shall be ePfective the full pay period which includes October 2; 201� upon ratification by MM/PR and approval by the Citv Council of[he MOU ��ia resolution in open session. 2. 2% in the first full pay period of July, 2016. 3. 2% in the first duLl pay period of Jul}�:2017. 4. The above salan�adjustments are not retroactive. B. [EPMC Termination] EP?�4C will be eliminated 26 pay periods followine the salarv adjustment in.A.l. abo��e, but no later than the ]ast full pay period in October 2016. MM(PROFA MOU10/6l15-0613Df18 Paee 7 Resolution No. 2015-227 Pa�e ?vo. 11 C. The t:rm of this A90li shall be from rarifica:ion a� set for[n above to)une 30. 201 S. IIl. ?�lerit (Step) Increases��ill be made accordine to the fornula set fonh in the Ci�'il Sen ice rules currenth• in effect at the time the A4erit Increase is due. All represe�ted dassi5cations shall be subi�t to a fve (�}-step salary ranee. The normal hire rate shall be Step "A" provided. hoN�ever. that an e�;ceptionally N�ell-qualified candidate mav be hired be��ond Step '`A" w�ithin the escablished ranse based upon the ,_ recommendation of the Appointine .4uthorin and the Director of Human Resources and u�ith approval b}�the Cin ?.lanager. I\'. Effecti��e Dates -All other pa��roll and��aee changes, such as regular merit increases, shall be made effecti��e at the beginning of the rewlar biweekl�� payroll period closest to the employee's actual anniversan� date as a benefited employee in his or her cu;rent position. �'. Rate of Pav Followine Promotion - ���hen a represented emplo}•ee is promoted the ne��� rate of pa}� �iill be the lowest-step in the ne�� salan� range �vhich H�ill result in the emplo}�ee receivine at least �%more than the acmal base rate in the former classification. :�RTICLE 2.02 ACTLNG PAY ��1/PROF represented emplo}�ees shall recei��e Acting Pa}����hen: _ 1. Thev are temporaril}� assigned to a ��acant position for a period of ten (10) or more consecutive workda��s: 2. Perform the duties of a hieher paid classification: and 3. Receive prior appro��al b�� the Cin� D9anaeer or his or her desienee prior to the assienment. .4ctine Pa��shall be: 1. Compensated �+�ith a minimum of � percent above current salan� rate. up to a maa:imum of 20 percent. 2. Effective the first da��of the assienment. :1RIICLE 2.03 OL7-OF-CLASS ASSIGNDIENT ���UPROF represented employee shall receive Out-of-Class assisnment pa}��+�hen: 1. The}• are assianed to perform the duties of a higher paid classification for a period of more than 10 consecutive�vorkda��s: and MMIPROFA MOU i0/5/75—06/30!i8 Pa�e 8 Resolution No. 201�-227 Paee No. 12 2. Receive prior appro�•al by the Cit� Manaeer or his or her designee prior to the assisnment. Out-of-Class usienment pay shall be: 1. Compensated wi[h a minimum of� percent above current salan�rate up to a maximum of 20 percent effective the neat full pa��period. 2. Effective the first da�� of the assienment. 3. ?�'ot to eaceed 12 months. NOTE: For clarificacion. Out-of-Class Assienment is diPferentiated from Acting Pay in that Out-of-Class .Assienments are eranted to an employee remaining in their current classification, but performing hieher-level duties even though no vacanc�� may exist at the higher IeveL Acting Pa�� is eranted to employees assmnin� the duties of a vacant, hi�her 1e��et position for a period oftime. ARTICLE 2.04 . SPECLAL PROJECT PA1' n4n9/PROF represented employees ma�� be eli�ible to receive a maaimum of ]0°/a above their normal base pa��when assi��ed b��the City Manager to a special project. ARTICLE 2.05 BILINGUAL PAY Those employees who are regulazly required to use their bilingual skills in the performance of their duties. upon the recommendation of the Appointing Authorih� and approval of the Director of Human Resources, and successful completion of a Bilin^ual Performance Examination will receive �100 per month in addition to their regular pa;�. Emplo��ees H�ho «�ish to continue recei��ine bilin�ual pa�� must successfully complete a Bili�2ua1 Perfonnance Examination once e��ery three (3)}�ears. :�RTICLE 2A6 MILEAGE REIMBURSEMEI�`T Employees shall be subject to the City's nQileage Reimbwsement Pro�ram when reqaired to use their personal vehicle for authorized Cit� business. The reimbursement rate �a�ill be equa] to the current maaimum IRS rate. ARTICLE 2.07 S.AFET1' EQiJIPMENT, PROTECTIV'E CLOTFIING,A�� TOOL ALLOR'Al�'CE �4M/PROF, upon recommendation of their Department Head. shall receive �1�0 to���ards the purchase of safen�shoes. MMlPROFA MOU10/6l15—06/30/18 Paee 9 Resolution No. 201�-?27 Pa�e No. 13 ARTICLE 2.OS PROFESSIO\AL E\RIC�1E\T Emplo��ees represented by T'A4/PROF are elieible to participate in the Cin'`s Professional Ennchment Pro2ram. To qualif}� as a reimbursable expense. the emplo}�ee must demonstrate a linl: to their current job „ or career path. Requests for proressio�ai enrichment reimbursement must be appro��ed b}� the emplo}�ee`s supen�isor, prior to anv expenses bein� incurred. under the followins terms: • Rele�•ant vainine needs/reques*.s are idencified in performance goals • Training to improve current skills or help in cazeer advancement • Emplo��ee shall, upon request repon oudfollow-up afier vainino The annual Professional Enrichment Fund allotment for T�IA9/PROF emploqees is 533,000. An emplo��ee is elieible to receive up to 51�00 per fiscal ��eaz for professional enrichment. Funds mav be used at am� time durine the fiscal vear. Fiscal ��ear reimbursements under the Cirv's "Professional Enrichment" will Se closed the second Thursda}� in June. Emplo��ees ma�• request reimbursement for professional enrichment expenses in accordance w�ith Internal Re��enue Code Section li2, or any other applicable state and federal law. Emplo}�ees must receive appro��a] from their.Appointine .4uthorin� and [he Cin� D9anagers desienee before funds ma�� be claimed for reimbursement. Reimbursements are on a first come. first ser��e basis until the funds ha��e been e�hausted. A��I/PROF and Cin� ma��, by mutual a�reement use up to one-half of thece funds for agreed upon classroom vainina,orsanizational de��elopment, or team-building. SECTIO\' II CO�'IPE\'SATIO\' SIIBSECTI01� B BE\�FITS ARI'ICLE 2.09 E1�L01'EE BE\�FITS Emplo}�ees are eligible for benefits if employed: .4. direcd�•bv the Cirv of Chula \%ista and B. N�orkin� in a half time (�0-hours) or more position in an 80-hour bi���eekly pa� period. MM/PROFA MOU10/6/1 S—06l30/18 Paee 10 Resolution No. 201�-Z?7 Pase No. 14 I. Cafeteria Plan I. The Cin ��iil provide to each represented employee a Cafeteria Plan allotment to purchase benefits qualified under Section 125 of the ]nternal Re��enue Code. T��UPROF acl:no�a�ledRes that Section 12� of the IRC requires that the Cafeteria Plan be adopted b��the Cip�Cou�cil prior to the end of the calendar year. Accordinsly; the Cin�and MM/PROF asree: , (I) :hat the parties wiil meet at the earliest possible time[o discuss Cafe[eria plan chanses: (2) That the parties may prepare a timeline/schedule to ensure timelv and eapeditious discussions; (3) That the parties shall eneage in eood faith discussions: (�) That if the discussions have reached impasse and there is s�fficient time prior to the required IRC plan adoption date or if both parties otherU�ise aeree, the parties will submit the matter for mediation. with the mediator aereed upon by all parties; and (�) The Cit�� Council, to ensure timely Section ]25 IRC compliance, may at any time in the month of December unilaterally adopt the Plan Document containi�,�,the specific provisions of the Plan (including plan changes) without mutual agreement and prior to the completio� of paragraphs 1-4 of this . section. A. Enrollment tve��h� elieible employees (ne�r hires or those chaneing from an inelieible to an elieible position) N�il1 be co��ered under [he Citv's Cafeteria Benefits Plan effecti��e their date of hire in that elieible positio�. All of rhe Cafeteria Benefits are effective from the employee's date of hire e�cept the Dental Pla�s ti�hich are effecti��e the first of the month follo�a�ing the employee`s date of hire in an eligible position. Employees who fail w submit required benefit elec[ion forms N�ithin 30 days of 2heir date of eligibilit�� will automaticalh� be enrolled in the Employee Only category of the lowest cost Ciq� sponsored health plan available N�ith the remaining balance of the Cafeteria Benefits Plan allotment being placed in the taxable cash option. Employees who fai]to submit required benefit election forms during Open Enrollment will be enrolled in their same health plan with all other electio�s being cancelled and the balance of their flex allotment beine placed in the tarable cash option. B. Cafeteria Plan Allotment The Flea Beoefit amount for Employee Onl��_ those with coverage outside of the Cin�, and those emplo}�ees covered by another Cim employee is fixed at the amount provided MM/PROFA MOU10/6/15—06/30/18 Page 11 Resolucion No. 20]�-2?i Pa�e No. ]� in the calendar ��eaz 20L (512,762). The fie� amount fo;Employee = ] and Employee + Famih� u•ilt be adjusted under the cwrent �0/�0 cost sharine formula, utilizine the average cost increase of th: full-famil��. non-indemnin, halth plan premiums. Eligible pan-time beneficed emplo��ees �;�ill recei��e an allotment in rhe proporzion that such par-time emplo}�men.bears to full-time emplo}�ment. C. � 9�•ailable Cafeteria Bene&ts 1. Health Insurance From the Cafeteria P1an allotment, each represented emplo��ee must select cove;age for him or herself under one of the Cin� spoasored medical plans. Ho�+�e��er, if the employee has eroup medical insurance from another reliable source that is acceptable to the Ciry of Chula Vista Departrnent of Human Resources. the employee may elect to decline medical insurance uom a Cin� provider and apph� the value, of the Cin�-s "Flexible Benefit Plan' contribution to other available Cin� Flea options. Am emplo��ee married to another benefited Cip emplo}�ee H•ho is co��ered under his or her spouse's plan mac ��aive coveraee under the Cafeteria Plan and u�ill recei��e full credit. .M}� emplo}�ee ��ho declines medical insurance co��erage may enroll in the City medical plan prior to the neat open enrollment onl}� if the emplo}�ee involuntaril�� loses the coveraee. Enrollment application must be received in Human Resources�+�ithin 30 da��s from loss of coverase. The emplo}�ee. through pa��roll deductions, ��ill pa}� an}' premium cost in excess of the Cafeteria Plan Allounent. Z. Deotal (Optional) Represented emplo��ees �vill be elisible to participate in an}� City sponsored �roup dental plan. .4n}� difference beru�een the emplo}�ee`s available Cafeteria Plan allotment and the premium for the selected plan will be paid b} the emplo}�ee throueh pa}roll deductions. 3. Dental/Aledical/Vision (D/i�1/V) and Depende�t Care Reimbursement Accounts (Optional) Represented emplo��ees ma�� allocate a portion of their Cafeteria Plan 4llotment to either or both of these reimbursement account options. �. \'ision (Optional) MM/PROFA MOU 7 0!6/15-05l30/1 b Paee 12 Resolution No. 201�-Z27 Page No. 16 � Represented emplo}�ees will be elieible to participate i� a City sponsored oroup vision plan. ?.ny difference ben��een the emplovee`s available Cafeteria Plan allotment and the premium for the selected plan will be paid by the employee throueh pa��roll deductions. �. Cash (Optional) Representcd cnip;uyccs may allocate a portion of their Cafeteria Plan 911otment to a taaable casb pa�ment. These pavments will be paid to employees on a pro-rata accrua]tti�o times per benefit��ear. 6. Flesible Spending Accounu(FSAs)—Health Care and Dependent Care Represented employees will be elieible to participate in the two Fleaible Spending Account (FSA) options offered b�� the City. Emplovees may elect to set aside a portion of their salary. on a pre-ta� basis, to fund elieible health care and dependent care eapenses. If the Cin� does not meet IRS r,egulations: or if the IRS resulations change for any reason; [his benefit ma��be discontinued. The Ciq� reserves the right to contract with a Third Party Administrator for the administration of FSAs. The Ciry will pay the start-up costs associated �rith third party administration. Participating employees will pay an}� required fees (monthly; per employee, per transaaion, etc.). D. Shon-Term/Long-Term Disabilim The Cin� agrees to contribute the amount necessary to pro��ide short-term disabilin� and ]one-term disability protection for each represented emplo��ee. Short-Term Disabilit��- A thirry (30) day elimination period with a maaimum benefit subject to, a�d in accordance with,the provisions set bv the aroup disabilin� plan. Lone-Term Disabiliq�- A nioery (90) day elimination period with a mazimum benefit subject to, and in accordance with, the provisions set b}� the eroup disabiliry plan. E. [AC.A Reopener] The Cin�provides medica] benefits (via a cafeteria plan as set forth in Anicle 2.09)to MnQ/PR represented employees. These benefits are subject to the Federal Affordable Care Act("ACA"). The City, upon notice to DR�4/PR, may reopen this MOU when the Cim has been informed of or is a���are MM/PROFA MOU 10/6115-06l30/18 Paee 13 Resolution No. ?O]�-227 Pa�e No. 1% of non-compliance�rith ch:.ACA, includine a'`Cadiliac° taa. The Ci�� shall provide notice to A�A4/PR o;the nature of the act or omission that forms the basis ofACA non-compliance. The Cin� and C\'�E.4/SEIii shall thereafrer promptly meet and confer to the extent required b� the ?��1BA. The Cin�proaides a Cafeteria Plan allotment amount (`Allotment") to D�4/PR represented employees to purchase benefiu qualified under Section 12� of the IRC as set forth in Arzicle 2.09 of the MOli. The Allotment for 301� is ,_ �]:i,900. but may increase on a��earl��basis. The Cin�shal] provide a compazable or replacement benefit to am�benefit lost as a resuh oi compliance with the.4CA, includine a'`Cadillac Ta�;." The aforementioned comparable or replacement benefit shall be up to, but not exceed the.4llottnent amoun4 as pro��ided for in Anicle 2.09(I) (currentl} �]3,900 for 20]�). less am•remainine or non-impacted Allotment amounts. The aforementioned .Allotment amount shall also not be increased to account for taxation benefits. The Cin�shall also. to the e�:tent ❑ecessarv, earmark and set aside the impacted.411otrnent amounts (provided for in Article 2.09(I) [Cafete:ia Plan]) so that the} ma� be used to pro��ide the aforementioned compa;able or replacement bene5t. The Cin� shall endea��or to ensure that an4 plan desi2n chanees will have the least impact on emplo}�ees as possible and still compl}�with the AC.4. This re-opener shall be used onl��to ensure ACA compliance, including a "Cadillar'tax. aRTICLE 2.10 GROIIP TE2�7 LIFE L1SLR�nCE The Cin� agrees to pay the premium for 5�0,000 of eroup term life insurance and accidental death and dismemberment insurance for each represented employee. Represented emplo��ees ma�� purchase supplemental �roup term life insurance in 510,000 increments up to a maximum of S»0,000 or four (�) times [he employee`s annual salan�: whichever is less. Supplemental life insurance for the emplo��ee`s spouse is available in 510,000 increments up to 5100,000 or �0% of the employee`s coveraee, whichever is less through the Cin's group insurance plan. ?.RTICLE ?.11 RETIRENIEIT rhe Cin� �rill pro��ide to represented members retirement benefiu aia contract U�ith the Califomia Public Emplo��ees Retirement S��stem (CaIPERS) as set forth in the California Go��emment Code. The Cin�will provide the follo���ine defined benefit formulas for local miscellaneous employees: Tier 7 Local �liscellaneous 3%@ 60 Tier 2` Local Dliscellaneous 2%@ 60 Tier 3`{ Local �4iscellaneous 2%@ 62 MM/PROFA MOU10/6/15-O6l30/18 Pase 1� Resolution No. 201�-227 Page No. 18 'New�CaIPERS members on or afrer 04/22i2011 throueh 12/31/2012 **Neu� CaIPERS members on or afrer O1/O1/2013 Tier 1: 3% �60 Local miscellaneous represented employees in Tier 1 shall contribute S%; on a pre-taa basis, to the extent permitted b��the Internal Revenue Code,which N�ill be applied to the Cin's , contribution to CaIPERS for opiionai oenen[s. The following is a summar��of Tier 1 CaIPERS contract pro��isions: .4. One-1'ear Fina1 Compensation B. Post-Retireme�t Sun�i��or Allo�vance C. Credit for linused Sick Leave D. 4m Le��el ]9�9 Survivor Be�efit. E. Militarv Service Credit as Prior Service F. Cost of Livin�Allowance(2%) G. Post-Retirement Survivor.Allowance Continuance H. Pre-Re[irement Death Benefit for Spouse 1. Retired Dea[h Benefit ��.000 J. Prior Service Credit K. Emplo}�er Paid Member Contributions reported as earnings The belo��� benefits for Tier 1 (3%@60) employee shall be effective as set forth in Article 2.01, Paraaraph II.B.: Local miscellaneous represented employees in Tier 1 shall contribute 8°/o; on a pre-taa basis, to the eateot pemiined by the Intema] Re��enue Code, which will be applied to the employee contribution to CaIPERS. There shall be no Employer Paid member Contribution (`EPb4C"). The followine is a summar��of Tier 1 CaIPERS co�tract provisions: A. One-Year Final Compensation B. Post-Retirement Sur��i��or Allo�vance C. Gedit for Unused Sick Leaee D. 4m Level 1959 Survivor Benefit E. �lilitan� Service Credit as Prior Service F. Cost of Livin�Allo�vance(2%) G. Post-Retirement Sun�i��or Allo���ance Continuance H. Pre-Retirement Death Benefit for Spouse 1. Retired Death Benefit ��.000 J: Prior Sen�ice Credit MMlPROFA MOU10/6l15—06f30/18 Paoe 15 Resolucion?�o. 20]�-227 PaQe No. 19 Tier 2: Z°/a @ 60 Loca] miscellaneous represented emplo��ees in Tie;2 shall convibute 7%. on a pre-tax basis. to the eatent pennitted b}�the Internal Re��enue Code, H�hich will be applizd to the employee convibution to CaIPERS. There shall be no EPD4C. 7'he follo�i'ins is a summan�of Tier 2 CaIPERS convact pro��isions A. Three-1'eaz Final Compensation ,_ B. Post-Retirement �urvi��or.viiou�ance C Credit for Unused Sick Leave D. 4s Level 19�9 Survivor Benefit E. ?�4ilitan� Sen�ice Credit as Prior Service F. Cost of Li��ine .411owance (2%) G. Post-Retirement Sumi��or Allowance Continuance H. Pre-Retirement Death Benefit for Spouse I. Recired Death Benefit Si.000 J. Prior Ser��ice Credit Tier 3: Z% @ 62 - Loca] miscellaneous represented employees in Tier 3 shall be responsible for the full emplo��ee convibution, �rhich �+�ill be applied to the Ca1PERS emplo��ee contribution. There shall be no EPD4C. Final compensation �+�ill be computed based on the hiehest a��erage compensation during a consecutive 36-month period. subject to the compensation limit set b}�CaIPERS. Contract provisions for Tier 3 benefits�+�ill be determined by Ca1PERS pursuant to the Califomia Public Employees` Pension Reform .4ct of 2013.- ARTICLE 2.12 DEFERRED COAIPENSaTIO\' D�A1/PROF members shall be elisible to participate in an}� approved deferred compensation plan offered b� the Cirv. SECTION III HOLRS :1RTICLE 3.01 AI.I'ER\`ATI��E R'ORIC SCHEDLZES I. The linion and the Ciw aeree to suppon the use of the various�rork scheduline arraneements. As such the linion and the City agree to continue the application of altemative w�ork schedules under Human Resources Department Policies and Procedures Polic���912 as��rinen and in effea as of Jul�� S. 2009. Policv=91 Z is incorporated in this �10U b}�reference. MM/PRO�A MOU i0lo/l5—06/3D/7 S Paoe 16 Resolution No. 201�-227 Pa�e No. 20 ARTICLE 3.02 VACATION I. Definitions For the purpose of this article, the definitions relatine to vacacions as found in the Civil Sen�ice rules shall apply. II. Vacation .A. Vacation Accrual - Continuous sen�ice: Each employee paid at a bi��eekl� rate who has had continuous full-time active service shall be entitled to ��acation with pa��. This benefit��ill be calculated based on 26 pay periods�per fiscal year. The � follo�ti�ing pro��isions shall appl}�: 1. Employees ���ill accrue 80-hours annually during the first throush fourth years of sen�ice. 2. Emplo��ees �+�ill accrue and be elieible to recei��e 120-hours annuall�� durine the fifrh throush ninth vear of service. 3. Emplo;�ees will accrae and be eligible to recei��e 160-hours annuall�� durin� the tenth through fourteenth years of service. 4. Employees ti�ill accrue and be eligible to receive 200-hours annually during the fifteenth and succeeding years of service. 5. Maximum Vacation Accrual - at no time may an employee ha��e more than [hree- vears of vacation leave accumulated. No credits shall be accrued abo��e this limit and anv time in eacess of the three-vear limitation wil] be lost. 6. \'acation accrual rare chan�es �•ill become effecti��e at the be2innine of the pay period closest to the acrual date, ti�hich includes the emplo��ee anniversan� date of benefited stams. 7. Vacation Sell Back — All members of represented classifications ���ho have completed at least five (�) years of service shall have the option of selling a total of 80-hours of vacation per fiscal year back to the City two times per fiscal year in 40 hour increments. B. Each part time empio}�ee paid at a bi�reekly rate shall be entitled to ��acation «�ith pay. The number of u�orking da}�s of such vacation shall be computed on the MMlPROFA MOU10/6/15-06/30/18 Page 17 Resolution No. 201�-227 Paee No. 21 � basis set forzh in suoseccion (2), (3), (4), or (:) a�d shall be io rhe p;opo:oon thar such par[-time emplo�v�ent bears to full-rime emplo��ment. C. Employeec separated from Cin�service. H•hether voluntarik or involuntaril��, shall ' be eraoted all of the unused vacation to which the�� aze entitled based upon continuous sen�ice computed on the basis set fo,-[h in subsection (2), (=). (4), or (i). Pa}�ment shall be made hour-for-hour �+�ith an�� ponion of an hour beino considered a full hour. D. Vacation lise - Vacation leave balances shall be reduced for actual time not ���orked to the nearest quaner hour. Absences ma} not be charged to ��acation not aUeadv accumulazzd. ARTICLE 3.03 SICK LE�1« I. Accumulated paid sick ]ea��e credit is to be used for the sole purpose of protectine the emplo}�ee's ��•ages in the e��ent absence is made necessarv because of disability due to the injun� or illness of the employee or members of their immediate famil��. For purposes of this ar[icle. immediaze famil�� is defined as spouse: domestic parmec child. stepchild, parent stepparent, sibling, parent-in-law, erandparent or any other person li��ing as a member ofthe employee's immediate household. II. Sick Lea��e Accrual -Computation of sick leave: Sick lea��e�j•ith pa�� is cumulati��e at the rate of 3.69 �ti'orking hours for each biweeklv pa}� period of acti��e service, 96 hours annuall��, beginnine at the time of full-time probationarv emplo}�ment. This benefit is calculated on 26 pay periods per fiscal ��ear. Permanent part-time emplo��ees shall recei��e sick leave pa�� in the proportion that such pan-time emplo}�ment bears to full-time emplo}�ment. A person ��ho has held a position ��ith temporan� or interim status and is appointed to a position �rith permanent status, �ti ithout a break in sen�ice; mav have such time credited to sick ]eave upon the recommendation of the.4ppointing Authorin and the Human Resources Director and with the appro��al of the Cin Alanager. III. �lacimum Sick Lea��e Accumulation - Unused sick leave mav be accumulated i❑ an unlimited amount. IV. Sick Leave lise - Sick lea��e balances shall be reduced for actual time not H�orked ro the nearest quaner hour for reasons allo��able under this section. .4bsence for itlness ma�� not be charsed to sick lea��e not alread�� accumulated. In order for sick lea��e to be appro��ed, the emplo}�ee must call his or her supen isor within one-hour of the time to be2in work. If the supen�isor is unavailable, the emplo}�ee must lea��e�vord with a desienated indi��idual that he or she is too sick to come to work or has a contagious condition that ���ould make his or her presence at the worksite daneerous MM/PROFA MOU10/5I15—06130/7 8 Paee 18 Resolution No. 201�-227 Paee No. 22 for other employees. In cases where it is impossible to call (e.e.. in hospital; unconscious, or o[her legitimate reasons) the supervisor shall withhold approval of sick lea��e until the employee can explain ��h�� he/she did not call within the one-hour. The supen�isor will then make a determinatioo as to the alloti�ability of sick leave use. V. Sick Leave Verificatio� - The Cin� ma}�, in its discretion, require a medical providers certificate and/or a persona] swom affidavit statin� that the employee is unable to perform the essential functions of his or her job in order to determine elieibility for sick , leave. If an emplo��ee is io oe required to furnish a doctor's certificate. the emplo}�ee shall be notified b�� his or her super��isor that a medical providers certificate shall be required when che employee notifies [he Cirv that he or she �vill be absent b�� reason of illness or disabilin�of themselves or an immediate familv member. Sick lea��e ��erification may be requested at any time it appears there is a pattem or practice of sick leave use that could be related to abuse, regardless of�x�hether or not the individual has a sick lea��e balance on the books. E�austion of sick leave balances does not automatically trieeer the ��erification requirement. A'hen ��erification is required, the emplo}�ee must shoti� immediate improvement in leave usaee. Sick lea��e ��ill then be monitored for a period of.sia-months. If at am� time durine that period there is an.� abuse of sick leave, the employee w�ill be subject to disciplinaq� action �p to aud includine termina[ion. VI. Sick Leave Reimbursement A. Employees using thirt}�-t��o hours (32) of sick leave, or ]ess, during the fiscal vear, shall have the option of convertii�g twent}�-five percent (25°/a) of their remainin� yearl�� sick leave to pa}'. B. Pav shall be computed based on the follo���ing schedule and all computations shall be rounded to the nearest tifiole hour. REA4ALNING 1'E.4RLY SICK LE.4VE PAY OPTION 25% 96 hrs 24 hrs 88 hrs 22 hrs 80 hrs 20 hrs 72 hrs 18 hrs 64 hrs 16 hrs �6 hrs or less p C. If the pa��option is selected, the paid sick leave hours shall be subvacted from the emplo��ee's accumulated }�earh� sick leave balance. The remainine sick leave MM/PROFA MOU10/6l15-06/30/18 Page 19 Resolucion No. 201�-227 Paee?�o. 23 hours shall be carried over and accumulated. (E�ample: Employee uses 32 hours of sick leave. He or she then elec[s to receive pa�� for 25%of the remainine hours u pa}�ment or 16 hours. The 16 hours are subvacted from his or her remainina }�earlv sick lea��e and the other �S hours are added to the emplo��ee's accumulated sick leave balance.) D. Pa��ment w�ill be made durino the month of Jul��. of each ��ear. Pav will be computed based on the employee's salan on June 1�. E. Pa��ment �+�ill be made only to empio��ees on the pa}�roll tw�eh�e (12) consecucive months prior to the pa�roff calculation. Permanent emplopees u�ho retire durins the fiscal �•ear ��•ill be compensated under this plan based upon their formal retirement date. Prorated pa}menu will not be made to an emplo}�ee who terminates durine the fiscal vear. Ho�vever, in the event of the death of an indi��idual u�hile emplo��ed by the Cirv, ]00% of the emplooee's unused accumulated sick leave will be paid to the appropriate beneficiarv as prescribed b�� law. L Termination of Sick Leave Balances lipon the independent determination of CalPERS that a non-safen�emplo��ee is disabled from the performance of their duties. the emplo}�ee shall not be entitled to use anv remainine sick lea��e to cover absence bevond their FI�9.A entitlement. Sick leave balance ma��be applied to applicable PERS sen�ice credit..4n application for a disabilin� retirement; either emploree or employer initiated. shall not affect the emplo��ee's rights under \1+orkers Compensation la���s. ARI'ICLE 3.04 BERE�«n'IE\T LE:���F �llien an employee �rith permanent status is compelled to be absent from �vork because of the death of an immediate famih� member as defined in the IRS, or anv other person livine in the same houcehold or those defned in subsection 2 of this article; and after such emplopee mal:es u�inen request and receives �j�ritten approval from their Appointine Authorin� H�hen staffing permits, such emplo}�ee shall be allowed to use cheir lea��e balances for up to fve (5) working davs.plus three (3) tra��el da��s. 1. The emplo��ee shall be eranted time off«ithout loss of pa�� to anend the funeral of a deceased current co-�vorker at the discretion of the supen�isor for up to n+�o(2) hours. 2. In the case of death of a member of the emplo}�ee's immediate/e�tended famil��, an emplo}�ee shall be allowed up to fi��e (�) H�orking days of berearement lea��e. 1�lembers of the immediate/ertended family are normall�� considered to be the spouse; resistered domestic parmer, children, father. mother. brothers; sis[ers; grandparents, grandchildren, father/mother-in-la�r, sister/brother-in-la«. or dauehter/son-in-laN•. .41so included as MM/PROFA MOU 7 Ol6l15—05130/7 8 Pase 20 Resolution No. 201�-227 Pase No. 24 e�tended famil�� aze step-famil�� members who have at am� time lived in the household with the employee. 3. For absences to attend the funeral of a relative other than a member of the immediate/eatended family or friend, an employee shall be allowed up to one day of bereavement leave and shall use their accumulated leave. 4. Berea��ement ]ea��e for part time emplo��ees shall be pro-rated, that is, in the ratio of the ,_ a��erage par-iime work-week co a iorty(40) hour week. ARTTCLE 3.05 HOLIDAYS I. The Cin ���ill be closed on the followin� hard holidays: Independe�ce Da}�; Labor Da��, Veterans Da}�. Thankseivine; Day afrer Thanksgiving, Christmas, New Years Day, Manin Luther King Jr.'s Birthday, Cesar Chavez Day, Memorial Day: II. Emplo��ees ��ho work a flexible schedule (a 4-]0 shifr schedule for eaample) and who can�ot observe a normal holida�� schedule: 4. If a hard holiday falls on [he employee's regularly scheduled day o£f, the employee will recei��e eight (8) hours holiday pay. The employee must use the appropriate number of hours of vacation or holiday time to supplement the eight- hours (8) of holiday time in order to reach 40-hours for that work«�eek, if the normalh� scheduled shifr ti�as ereater than eieht (8)hours. B. If a hard holida�� falls on an emplo}�ee's re�ularly scheduled H�orkday and the emplo��ee takes that day off; he or she wil] receive eight (8) hours of holiday pay for that day. The employee must use the appropriate number of hours of vacation or holiday time to supplement the eight-hours (8) of holiday time in order to reach 40-hours for that workweek; if the normally scheduled shifr was ereater than eight (S)hours. III. Floatine Holida��s A. Amount - Effective the first pay period of the fiscal year during this MOU, employees shal] be credited with eiLht (8) hours Floating Holida;� time each for Lincoln's Birthda��. VJashineton's Birthdav. and Admissio� Dav. Permanent part-time employees paid at a bi-weekly rate shall be credited floatiog holiday tirne in the proponion that such part-time employment bears to full-time employment. Employees may take floating bolida�� [ime at their discretion; subject to staffine needs and �+�ith the approva] of their Appointine Authorin�. B. Floatins Holida;� Use—Emplo}�ees using floating holiday time before the holiday passes and subsequently leaving City service will be charged for such time. MMlPROFA MOU 10/6/15—06/30/18 Paee 21 Resolution ��o. 201�-22 i PaQe ?�o. 2� Emplo}�ees wfio 0o not use ti�eir floating holida�� time beiore ,lune 30 of the fiscal ��eaz N•ill lose such time. The smallest unit of tune chazeeable to floatina holida�� time is one half hour. � IV. Manaoement Lea�e A. ?��4/PROF �4iddle Dlanasers/Professionals will receive SS hours oi Dlanaeement � Leave each fiscal ��ea. ?,RTICLE 3.06 JL721' DtiTl' Emplo��ees who aze called to sen�e on jun dun� for an�' counn�: state, or federal court�j ithin the San Diego area shall be entitled to paid leave under the follo�ving circumstances: I. The}� must preser�t to their supen�isor the court order to appear for jury dun� at least three (�) H�eeks prior to their date to repon. II. The emplo��ee must submit a dailv coun authorized. stamped time cazd accounting for all hours of required sen�ice ordered b��the court. III. Ifjury sen�ice and travel time from coun to H�ork is less than five (�) hours (7 hours for person on a �/]0 plan) in a N�ork da}�, the emplo}�ee is eapected to return to �vork unless a justification is provided and appro��ed or pre-authorized ]ea��e is approved. N. Employees who are required to serve jun� dun� on their scheduled da�•s off will not be compensated for chis time and may keep any fees paid b��the court. \'. If the emplo}�ee is not required to report for jun� dun on an}� paniculaz da.�(s) the emplo��ee is then eapected to be at�vork as per his or her normal schedule. \'I. It is the employee's responsibility to inform his or her supen�isor on a dail.� basis if the�� are required to report for jun� dun� the follo�+�ing dav. This ma}� include calling the supervisor after or before normal ��orkine hours. VII. Absence due tojury dut}�will be submitted on the Cit��leave form. AFtTICLE3.0i COLRI LEA��E Court leave is paid lea��e sranted b}�the Cin� to enable an emplo��ee to fulfill his or her duty as a citizen to sen�e as a �ti�itness in a coun action to which the emplo}�ee is not a pam, before a federal or superior coun located �•ithin San Die2o Counn�. Court leave shall be limiced to_ MM/PROFA MOU�Ol6l�5—06f30l18 Paee 22 Resolution No. 201�-227 Paee No. 26 1. Required attendance before a federal or superior court located within San Dieeo County. II. Time in attendance at court to�ether with reasonable travel time between court and work if atte�dance is for less than a full day and the employee can reasonabh� be eapected to remm to work. III. Court lea��e shall not be eranted when the employee is paid an expert«�itness fee. IV. Court lea��e ��ill onh' be 2ranted to employees who are not litigants in the civil case nor related to Ii[ieants in the ci��il case or defendan[s in a criminal case. V. Employees shall pro��ide their super��isor ��,�ith a copy of the leeal subpoena and provide other documentan�e��idence of service. � .ARTICLE 3.08 JOB SHARING A n�4/PROF represented employee ma�� submit a request to his or her appointing authority to share his or her lob «�ich another eli�ible and qualified emplo��ee. The Human Resources Direc[or, after consideration of the recommendation by the Appointine Authorin�. may erant or dem� such request. Approval shall not be unreasonabl��withheld. If granted.jobs may be shared on an hourl�� or dail�� basis. All legall}� permissible benefits will be pro-rated. Each employee shall be notified, in �rriting; by the Appointine Authoriq� (as defined in the City Char[er) at the time of the appointment and such ❑otification will clearly deftne the benefits to which each emplo}�ee is entiiled. ARTICLE 3.10 LE9VES OF ABSENCE MILITARY LEAVE For purpose of this MOU, the Civil Service Rules regarding Militar�� Leave aod Lea��es of Absence are incorporated by reference as though set out in full in this artide. SECTION IV WORKII�'G CONDTTIO]VS ARTICLE 4.01 PROHIBITED PRACTICES I. �4M/PROF pledges it shall not cause, condone or counsel its unit members or any of them to strike, fai] to fully and faithfully perforn� duties, slow down, disr�pt; impede or � other���ise impair the normal functions and procedures of the Ciq�. Il. Should any unit employees during the tenn of this Memorandum of Understanding breach the obli�ations of Paza�raph I. the Cip� Manager or his or her designee shall immediatel}�notify D41v1/PROF that an alleeed prohibited aetion is in proaress. MM/PROFA MOU 1 0/6/1 5—06/30118 Paee 23 Resolution ?�o. 201>-Z27 Paee No. 27 IIl. D�f/PROF shall as soon as possible. and in an�� e��ent ��i�hin eight H-orkine nours disa��o�� an� svike or other alleged prohibited action, shall advise its members orall}� and in writine to immediatel� return to ��o;k and/or cease the prohibited activin� and provide the City Manaee;w�ith a cop}'of iu advisement or, altemati��eh, accept the responsioility for the strike or other prohibited acti�=in. IV. If��'1/PROF disavo��s the prohibited acti��ity and takec all positi��e actions set forth in this 7�90U in �ood faith. the Cin� shall not hold �4MIPROF fmanciallv or othen+�ise ,_ responsible. The Cin� ma�� impose such penalties or sanctions as the Cin� ma�� appropriateh� assess a�ainst the participants. V. Should D4A4lPROF durine the term of this !�9emorandum of linderstandine breach its oblieations or an�� of them under this section. it is agreed that the Cin� shall pursue all lesal and administrati��e remedies available to the Ciro that in iu discretion it mav elect to pursue. V"I. There shall be no ]ockout bv the Cin� durine the term of chis Alemorandum of linderstandine. :1RTTCLE 4.02 CLASSIFIC�TIOA SI�UDIES The Human Resources Deparcment conducts on-�oine dassification and compensation studies pursuant to the pro��isions of the Civil Ser��ice rules. In the event D�AIIPROF wishes to request a classification or compensation stud�� for an individual or a classification. it ma}� do so b�' providine a wTinen request to the Director of Human Resources. \1`ritten requests must pro��ide sionificantjustification to suppon the request for the studv. :�RTICLE -0.03 FIT\�SS FOR DL�T]` The panies agree that ph�•sical and mental fimess of Cin�employees are reasonable requirements to perform the duties of the job and instill public confidence. Recognizing these impottant factors, the panies aeree that durino the term of this �10U, the Cin��rith reasonable cause, ma}� require medical and psychological assessments of emplo}�ees. provided the Cin� pa}�s and pro��ides time off��ithout loss of pa�� for such assessments. All such assessmenu shall be done by appropriatel}� qualified health care professionals. It is understood that the assessment regimen performed bv said professionals shall be reasonabh' related ro the requirements and duties of the job. .�nv veatment or remedial action shall be the full responsibilin of the emplo��ee, except as ochen��ise provided b}� la�v or u ma�� be pro��ided throuah the Emplo��ee Assistance Proeram (EAP) for Cin� emplovees. MM/PROFA MOU10/5I15-05l30/7& Pase 24 Resolution No. 201�-227 Paae No. 28 .4RTICLE 4.04 SUBST.ANCE .ABUSE POLICI' Emplo��ees represented b��MI��1/PROF are subject to the Cit��'s Substance Abuse Policy. ARTiCiE 4.u5 D10DIFIED DUTI' R'hen an employee is injured on the job and, according to their ph��sician, is able to retum to �+�ork with limitations_ the City will make ever}� effort to place the emplo��ee in a modified dury assignment as closel}� approximatina as possible the n�pe of work the employee normall�� does. until he or she is released back to full durv. 7he namre of the assi�nment will depend on the ph��sical restrictions of the employee as stated by the treatine ph��sician and the availabilih� of a modified position in the departmenT that is consistent ��ith the ph��sical restrictions. Not��ithstanding the above,- the acceptance of a modified dup� assignment, if available; u�ill be mandaton�. ART7CLE 4.06 DII2ECT DEPOSIT All employees hired after the effec[ive date of this MOU, as a condition of employment will be requfred to provide authorization to the Cit��'s Director of Finance to electronically deposit their paychecks to a financial institution of their choice. ?.RTICLE 4.07 GRIEVAI�'CE PROCEDURE Z'his grievance procedure shall be in effect durino the full term of this Memorandum of Understandine. Section 1. PURPOSE. The purposes and objeaives of the grievance procedure are to: (1) Resolve disputes arising from the interpretation, application, or enforcement of specific terms of this aareement � (3) Encouraee the settlement of disaereements informally at the emplo}�ee-superaisor le��el and pro��ide an ordedy procedure to handle grie��ances through the se��eral supervisor�� levels where necessarv. (3) Resol��e grie��ances as quickl�� as possible and correct if possible. the causes of grievances thereb��reducioe the number of grie��ances and future similar dispures. MM/PROFA MOU10/6/15—06/30/18 Pa�e 2� Resolution No. 201�-Z27 Pa�e No. 29 Secnon 2. DEFLT`ITIO?�'S. For the purpose oi this grievance procedure the follo���ine definitions shall aoph: Q) 1�lanager. The Cin�A4anaeer or his or her au[horized representati��e. (3) Da��: A calendar d2}, e�cludin� Samrdays, Sunda��s, and hard holidavs as described b���his �oreement. ,_ (3) Appointing.4umorin•: The chie:eaecu[i�•e ofncer of a depamnent. (�) Director of Human Resources: The Director of Human Resources or his or her auchorized rep;esentati��e. (�) Emplo}�ee: An� officer or regular (not temporan) emplo}�ee of che Cirv; e�cept an elected official. (6) Employee representati��e: An indi��idual �vho spea}:s on behalf of the emplo}�ee. (i) Grievance: A complaint of an emplo}�ee or eroup of emplo}�ees arisine out of the application or interpretation of a specific clause in this agreement. (8) Immediate Supen�isor: The individual u�ho assians, reviews, or directs the work of an employee. (9) Superior: The indi��idual to u�hom an immediate supen�isor reports. Section 3. RE\'IER'ABLE A?��\'Ol�'-RE\'IE\a'ABLE GRIEV.Ai\'CES. (1) To be revie�+�able under this procedure a grievance must: (a) Concen matters or incidents that have occurred in alleged violation of a specific clause in this aereement; and (b) Specifi the relief soueht, which relief must be �+�ithin the power of rhe Ciw to grant in whole or in part. (2) A arievance is not review�able under this procedure if it is a matter which: (a) Is subject to those resen�ed Cin� �4anagement Riehts as stipulated under Section � of the Emplo}�er-Emplo}�ee Relations Polic�� for the Cin� of Chula Vista or under management rights as specified in this agreement. (b) Is revie«able under some other adminisvative procedure and/or rules of the Civil Sen�ice Commission such as: � MMlPROFA MOU10/5l15-06l30/78 Paee 26 Resolution No. 201�-227 Pa�e No. 30 I. Applications for changes i�title;job classification, or salan�. 2. Appeals from formal disciplinarv proceedina. ;. Appeals arisine out of Civil Service examinations. 4. Appeals from ��ork performance evaluations. , 5. .4ppeais tnac have Affirmative Action or ciail riahts remedy. (c) General complaints not directly related [o specific clauses of this aereement. (d) Vdould requiie ihe modification of a policy established b}�the�Cih� Council � or bv ]a��. (e) Relates to am� City group insurance or retirement proerams. Section 4. GEA�ERAL PRO\'1SION OF TFIE GRIEV.AI`'CE PROCEDLRE. Q) Grievances ma�� be initiated onl}� by the employee or employees concerned and may not be pursued u�ithout 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 emplo��ee shall discuss his or her srie��ance with his or her immediate super��isor within ten (]0) workine da��s afrer the act or omission of mana�ement causine the grievance, or within ten (]0) workino days of ���hen the employee; �i�ith the eaercise of reasonable diligence; should have discovered the act or omission beine 2rieved. (4) Prescribed Form. The Nrinen grievance shall be submitted on a form prescribed by the Director of Human Resources for this purpose. (�) Statement of Grievance. The grievance shall contain a statement of: (a) The specific situation, act or acts complained of as an a�reement violation: (b) The inequirn or damage suffered b��the employee; and (c) The relief sought. (6) Emplo��ee Representative. The employee may choose someone to represent him or her at any srep io the procedure. No person hearine a grievance need recognize MM/PROFA MOU10/6/15—06(30/18 � Page 27 Resolution ?��o. 201�-??7 Paee No. 31 more than one representative ior an�� employee az an<< oae tu-ne. unle>s he or she so desires. (7) Handled Du;ins V�'orkine Hows. �l�enever possible: g:ievances �ill be handled durins the rewlarlv scheduled workin�hours of the par[ies involved. (S) E�;tension of Tune. The time limits H�ithin which action must be ra};en or a decision made as specified in this procedure ma� be e�tended b�� mutual written ,. cansznt of the panies invoi��ed. A statement of the dura*.ion of such extension of tirne must be signed b��both panies in��ol��ed at the step to be e�tended. (9) Consolidation of Grie�•ances. If the �rievance im�olves a group of employees or if a number of emplo��ees file separate erievances on the same maZec the �rie��ances shall. ���henever possible, be handled zs a single grie��ance. (10) Se�lement. An�� complaint shall be considered se�led Nithout przjudice at the completion of am� step if all parties are satisfied or if neither pam przsents th: maZer te a higher authorin��ti�ithin.he prescribed period of time. (11) Reprisal. The �rievance procedure is intended to assure a griecine emplo��ee the right to present his or her �rie��ance without feaz of disciplinan action or repri;al b�� his or her supervisor, superior, or Appointin� .4uthorin�, provided he or she obsen�es the provisions of this erievance procedure. (12) Back Pa}�. The resolution of a erievance shall not include provisions for back pa�� retroactive fur[her than nvenn� (20) N�orking da��s prior to the date the grievance is filed. Ho�vever. if with the e�ercise of reasonable dilieence the act or omission beine erieved was not disco��ered N�ithin 10 workine da�s of its occurrence. and the grievance is subsequenth� timel�� filed pursuaot to Section 3, then the resolution of the �rievance ma�� include provision for back pa�� for a maximum period oFone��ear from the date the grievance was filed. Section �. GRIEV.4NCE PROCEDliRE STEPS. The follo�eine procedure shall be follo�red bv an emplo}�ee submittine a grieeance pursuant to policq: Step 1 Discussio��rith Supervisor. The emplo�•ee shall discuss his or her erievance �j�ith his or her immediate supen�isor informall}�. \��ithin three (3) workine da��s, the supen�isor shall eive his or her decision to the emplopee orall��. Step 2 �\'ritten Grie��ance to Superior. If the emplo}�ee and supervisor cannot reach an a�reement as to a solution of the grie��ance or the emplo}�ee has not received a decision N�ithin thz three (3) workine davs' limit, the emplo}�ee ma�� �rithin seven (i) ���orkine da��s present his MMIPROFA MOU i016l15—06/30/i 8 Paee 28 Resolution No. ZO1>-227 Pa��e No. 32 or her grie��ance in ��ritina to his or her supen�isor v,�ho shatl endorse his or her comments thereon and present it to his or her superior within seven (7) workine daps. The superior shall hear the grievance and give his or her written decision to the employee within seven (7) working days afrer receivin� the grievance. Step 3 Grievance to Appointins Authority. If the employee and superior cannot reach an agreement as to a solution of the grievance or the emplovee has not received a written decision within the seveo (7) , �+�ork;ng days' ]imii, u,e empioyee mav ���ithin seven (7) u�orking da��s present his or her srie��ance in writine to his or her Appointing Authorin�. The .Appointing �uthority shall heaz the �rievance and give his or her ��ritten decision ro the emplovee�x�ithin se��en (7)workine da}�s after receiving the 2rievance. Step 4 Grie��ance to Director and 1�4ana�er. If the orie��ance is not settled ar the Appointing Authoriry ]e��el, i[ may be submitted b}�the Association Representative �n�ithin n��enq� (20) worki�e da��s to the Director of Human Resowces; ���ho shall investieate and report his or her findings and recommendations to the City Manager within ten Q 0) workine da��s. The Cin� Manaeer shall provide his or her answer within ten QO) additional workine da��s. The times indicated may be extended by mumal asreement. ,�n�� emplo��ee grievance will be filed with the Association Representative at Step 4. Folloti�ins the submission of the City Manager's answer, and before going to Section 6, Ad��isory Arbivation. matters which are unresolved shall be discussed at a meetine bena�een the parties during whicl� all pertinent facts and information H�ill be reviewed in an effort to resolve the matter through conciliation. Section 6. ADVISORI'ARBITRATION. Any dispute or grie��ance which has not been resolved by the grievance procedure may be submitted to advisor;� arbitration b��the Association Representative or[he Cin� ���ithout the consent of the other parry providing it is submitted within ten (10) working da��s, followine its termination in the grievance procedure. The follo��ine Advisor}�Arbitration procedures shall be followed: (1) The requesting pam� ��ill notifi� the other party in �3�ritine of the matter to be arbitrated and the contract provision(s) allegedl�� ��iolated. \l'ithin five (�) H�orkine davs of the receipt of this notice. the parties may aeree upon an arbitrator, or a panel of three arbitrators trained in conductin2 2rievance hearines. If aereeme�t on an arbitrator cannot be reached, the State Department of Industrial Relations shall be requested by either or both parties to provide a list of five arbitrators. Both the Cin� and the Association shall ha��e the right to strike hvo names from the list. The pam� requesting the arbitration shall strike the first MM/PROFA MOU10/6/15—06/30/18 Page 29 Resolution ivo. 201�-Z2 i Pa�e No. 33 name: the other pam� shall then svike one name. The process ��ill be repeated and the remainina person shall be the azbivator. (3) Th^ arbitrator shall hear the case w�ithin rivenn� (ZO) workino davs afrer the arbitrator has been selected. The arbitrator may ma}:e a ��rinen repon of their findin�s to the Association and the Cin•w•ithin fifreen (I?) workine da}�s a:4er the heazin� is concluded. The azbittator shall mal:e rules of procedure. The decision of che arbivator shall be advison� [o the Cin� ?�4anaeer ���ho shall render a final ,_ decision within [en (lU)working days. The arbivator shall ha��e no authorin�to amend. alter. or modifi�this a�reement or its terms and shall limit recommendations colel�� to the interpretation and application of this agreement. The abo��e time limits oi this provision ma�� be e�tended b��mutual aereement. (�) Each grie��ance or disnute will be submitted to a separately convened azbitration proceedine except���hen [he Cin�and the Association muruallv agree to ha��e more than one grievance or dispute submitted to the same arbitrator. (�) The Cin� and the Association shall share the e�pense of arbi[rators and Himesses and shall share equall}� any other e�penses. includine those of a stenographer, if required b}� either pam�. If either pam� elects not to follow the ad��isory decision rendered b�� the arbivator. that part�� shall pa�� the entire cost of the arbitration process, including the expense of the arbitrator, aitnesses, and/or steno�rapher. MM/PROFA MOU�D!o/i 5—06/30/7 8 Paae 30 Resolution No. 2015-227 Paee No. 34 BL.ANK PAGE MM/PROFA MOU10/6/15—06/30/18 Page 31 Resolution No. 201�-2?7 Paee \o. 3� For the Cin�of Chula Vista For D�1/PROF/SEIli Local 221 Coume��Barren. Human Resources Tasha Ielesizs. SE1li Local 2=1 ,_ D'uector-Lead Neeotiator Lead Neootiator Barbara Brookover, Chapter President Da��id Garcias President SEIU Local 221 Cin BargaininQ Team NL11/PR Bar�aining Team Courmev Barren Tasha Islesias Erin Dempster Barbara Brooko��er Aneelica Asuilar T9arih�n Ponseeei Tessa]�guyen Tim Riple}° Simon Silva Frank Rivera ?�4azia Kachadoorian, DCI�1 Kelle��Bacon. DCM Gan�Halbert. Cin� ?�lanaeer MM/PROFA MOU10/6/15—05/30/18 Paee 32 Resolution No. 201�-Z27 Pave?`'o. 36 CITl' OF CHUZ.4 \%ISiA PROPOSAL,S TO SEIli 221 .4ppendix (-4) Middle D4anaeement Classifications .4pplications Supporz n4anaQer Pazks Manaeer Collectioos Super��isor Parks Operations Manaaer Crime Laboratorv D4anaeer Plan Check $upervisor Detention Facilities D4ana�er � Police Communications Systems Manaeer Development Sen�ices Counter Mana�er Police Support Services Manager Environmental Resources Manaser Principal Civil En�ineer Environmental Ser��ices Pro_ram Manager Principal Economic Development Equipment Mainrenance Mana2er Specialist Facilities Manager Principal Landscape Architect Fleet Manager Principal Librarian GIS �lanager Principal Planner Information Technology Manaeer Principal Recreation Manager Information Technolo� Support hlana'er P�blic Works Manager Library Dieital Services T4ana,er Records Manager Libram Operations Manaeer Senior Librarian Open Space Manaeer Senior Recreation Manaeer Operations and Telecommunications ���astewater Collections n4anaeer Manaeer � MM/PROFA MOU10/6/15-06l30/18 Paoe 33 Resolution No. 201�-227 Paee No. 37 CITY Or CF?ULA VISTA PROPOSALS TO SEIU 221 Appeodix (B) Professional Classi5cations Applications Support Specialist Senior Information Tech. Suppon Buildine P;ojact D4anaeer Speciaiist Development Automation Specialist Senior D4ana�ement anal��st Emereenc�� Services Coordinator Senior Planner EMS�urse Coordinator Senior Police Technoloa}� Specialist L�formation Technoiogp Suppon Senior Procurement Specialist Specialist Senior Programmer Anah�st Landscape.4rchitect Senior Proiect Coordinator Principal ?�4anaeement.?nalv;t Senior Public Safen�Analvst Principal Project Coordinator Senior Recreation 1vSanaeer Programmer.-�nalvst Senior Risk?�4anagement Specialist Risk D4anaeement Specialist Svstems/Database Administrator Senior.Applicacions Support Specialist Traffic Eneineer Senior Economic Development Specialist Veterinarian Senior Graphic Designer IvIMlPRO FA MOU i 0/0/i 5—05l30l�& Pase 34