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Home My WebLink AboutReso 2015-253 RESOLUTION NO. 2015-2�3 RESOLUTION OF THE CITY COUI`'CIL OF THE CITI' OF CHULA VISTA APPROVITr'G A MEMORAI�TDUM OF UI�TDERSTANDII�'G (`MOU") BETW'EEN THE CITY OF CHtiLA VISTA AND THE R'ESTERI�' COUNCIL OF ENGII�rEERS RELATED TO COA4PENSATION AI�TD OTHER TERMS AND CONDITIOI�'S OF EMPLOY?v1EI�TT: A_�TD AUTHORIZII`'G THE CITY MfvNAGER TO EXECUTE THE AFOREMENTIONED I�40U AND ANY ADDITION.AL DOCUMENTS V�'HICH MAY BE NECESSARY OR REQUIRED TO IMPLEMENT SAID MOU R�F-IEREAS; the City of Chula Vista and the Westem Council of Engineers (`WCE") bazgainine unit have met and conferred in good faith, as required b}� the I�4e}�ers-Milias-Bro��n Act (`MMBA") California Government Code Sections 3�00 et. seq.; and WHEREAS, the City and V�'CE have reached aereement on compensation and other terms and conditions of employment, arid consistent with the MMBA. have set forth those terms in a A4emorandum of Understandins (MOU), ��hich has been designated as Attachment 1 for identification in this Resolution_ and VJHEREAS. the aforementioned MOU ��as ratified b}� a vote of the VdCE membership on October 28. 201�. NOW. THEREFORE. BE IT RESOLVED b�� the Citv Council of the Cirv of Chula Vista, that it hereby does (1) approve the MOU benti�een the Ciri- of Chula Vista and WCE; (2) authorize the Cin� Manager or his designee(s) to execute said MOU and an�� additional or required documents necessary to implement said MOU; and (3) authorize the Citv Manager or his desienee to make such minor modifications to said A40U as ma}� be approved or recommended bv the Cirv Attornev`s Office. Presented b�� Approved as to form b}� �.�`�`�� Courtnev h se Glen R�Gooeins�� Director of Human Resources Cit}' A ornev Resolution No. 201�-2�3 Page No. 2 PASSED, APPROVED. and ADOPTED by the City Council of the City of Chula Vista, Califomia,this 3rd day of November 2015 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan, McCann and Miesen NAYS: Councilmembers: None ABSENT: Councilmembers: Salas Mary las, Mayor ATTEST: .� �rin`a R. No s, CMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) 1, Donna R. Noms, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 201�-253 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 3rd day of November 2015. Executed this 3rd day of November 2015. /� �� Donna R. Norris, CMC, City Clerk Resolution No. 201�-2�3 Pa�e No. 3 `\ 1 /� /`► �ti ,_ 1-'�ti�- CITY OF CHULA VISTA MEMORAI��UM OF IJNDERSTANDIl\TG BETVVEEN CITY OF CHULA VISTA A1�TD �'�'EST'ER1�T COUI�TCIL OF EI�TGII�TEERS NOVEMBER 3, 2015 - JLINE 30, 2017 NCE.1�10U i]/3/15-06/301U Paee i Resolution No. 2015-2�3 Page No. 4 MEMORAI�'DUM OF UI�'DERSTANDING CONCERI�TING V�'AGES Al�`D OTHER TERMS A.ND COI�iDITIOT�'S OF EMPLOYI�gi�'T FOR EMPLOYEES REPRESENTED BY THE CHULA VISTA CHAPTER VrESTERT�'COUI�'CIL OF ENGII�TEERS, FOR THE PERIOD OF IQOVEMBER 3. 201� TO JU1�TE 30. 2017. TABLE OF CONTENTS , SECTIOA'I ADDZI1i TSTR4TIOIV.......................................................................................2 ARTICLE1.01 PREANIBLE..................................................................................................2 ARTICLE1.02 RECOGI�'ITIOr ............................................................................................2 ARTICLE1.03 CITY RIGHTS...............................................................................................2 ARTICLE 1.04 �l'CE RIGHTS................................................................................................4 ARTICLE 1 A� LABOR-D4A7�'AGEMEArT COOPERATION............................................... 5 ARTICLE 1.06 TERI�1 AI�'D EFFECT OF THIS MEMORANDUM OF............................... � IJNDERSTAK�DING.................................................................................... � ARTICLE1.07 MOU REVISIONS........................................................................................6 ARTICLE 1.09 RE'I'EI�'TIOI�'OF BEATEFITS........................................................................ 6 ARTICLEI.10 SAVR�GS CLAUSE...................................................................................... 6 SECTIONIICOMPENSATION......................................................................................7 SUBSECTIOIVA R'AGES......................................................................................................... 7 ARTICLE2.01 R�AGES ......................................................................................................... 7 AR7"ICLE2.02 OVERTIME................................................................................................... 8 ARTICLE 2.03 COA4PENSATORY OVERTIME.................................................................. 8 ARTICLE2.04 OUT-OF-CL.4SSASSIG]`�'IENT................................................................. 8 ARTICLE 2.05 SPECIAL PROJECT PAY.............................................................................9 ARTICLE2.06 BILINGUALPAY.........................................................................................9 ARTICLE 2.07 MILEAGE REIMBURSEr�NT...................................................................9 ARTICLE 2.08 PROTECT]VE CLOTHING..................:................:..............................::....:. 9 ARTICLE 2.09 PROFESSIO7�'AL EI�'RICHMENT...............................................................9 ARTICLE2.10 FEESFORPROFESSIONALLICENSES/MED4BERSHIPS..................... ]0 SECTION II COA'IPENSATION......................................°--........................................---.... 11 SUBSECTIONB-BEI�'EFITS................................................................................................. 11 ARTICLE 2.11 EMPLOl EE BENEFITS............................................................................. 1 I ARTICLE 2.12 GROt�P TERM LIFE II�'SURANCE........................................................... 14 ARTICLE 2.13 RETIREDgI�iT............................................................................................ 14 ARTICLE 2.14 DEFERRED COMPENSATIOI�i................................................................. 16 ARTICLE 2.15 RETIREE HEALTHCARE......................:................................................... 16 N�CE.MOU ll/3/IS-06/30/17 Page ii ' Resolution\to. 201�-2�3 Paee?vo. � SECTIO\ III HOL�RS............................................................................................................ 16 ARTICLE 3.01 1l�ORKPER]OD.......................................................................................... 16 .4RTICLE 3.02 \%ACATIO\�................................................................................................. 17 .ARTICLE 3.03 SICK LEA\�......................................................... ................................... 18 .ARTICLE 3.04 BERE.4\%E?�g?�'TLE.4VE..........................................................................20 ARTICLE �.0� HOLIDAYS .................................................................................................20 ARTICLE 3.06 JliRl'DU;Y'................................................................................................. 21 � ARTICLE 3.07 COLRT LE.4\"E..........................................................................................» ARTICLE 3.08 PROFESSIO\ALLICEA'SEORREGISTR4T10\....................................23 EJ{.�4I?�ATION LEAVE...........................................................................23 .4RTICLE 3.09 JOB SH.ARI�'G............................................................................................23 ARTICLE 3.10 LEAVESOFABSENCE.............................................................................23 MILITARI'LE.4VE....................................................................................23 ARTICLE 3.11 VOLUNTARY �'�'ORK FliRLOliGH.........................................................23 SECTION IV �VORKi1G CO\�ITIONS..........................................................................25 ARTICLE �.01 PROHIBITED PR4CTICES........................................................................25 ARTICLE 4.02 CAREERADVANCEDgNT......................................................................25 ARTICLE �.03 DRIVL\'G ELIGIBILITY ............................................................................27 ARTICLE �.0� FITNESS FOR DliTY ................................................................................. 27 ARTICLE �.05 SLBSTANCE/A1 COHOL ABliSE PROGRAA9........................................28 ARTICLE 4.06 DIRECTDEPOSIT......................................................................................28 .4RTICLE �.07 GRIEVAI�'CE PROCEDURE......................................................................28 R'CE.T90U 11/3/li-06/30/l7 Paee iii Resolution No. 201�-2�3 Page No. 6 SECTIO�'I 9DNIII��ISTRATION ARTICLE 1.01 PREA11'fBLE This Memorandum of Understanding (MOL� is entered into by the City of Chula Vista (City) and the Chula Vista Chapter of the VJestern Council of Engineers (WCE) as a result of inee[ing and conferrine in 2ood faith conceming wages, hours a�d other terms and conditions of employment; pursuant to the Employer-Emp]oyee Relations Policy of the City Of Chula Vista and Califomia Govemment Coue Seeiion 3500 et Seq.,known as the Meyers-Milias-Bro��n Act. ARTICLE 1.02 RECOGA'ITION The City recognizes VdCE as the exblusive representative for employees in the City of Chula Vista employed i�the folloN�ing classifications: Assistant En2ineer Associate En�ineer Sr. Civi] Engineer Transportation Engineer Sr. Land Surveyor Assistant Land Surveyor Associate Land Surveyor Assistant Plan Check Engineer Associate Plan Check Engineer Sr. Plan Check Engineer AGENCYSHOP The City will support and comply with WCE's decision regarding Agency Shop and wil] abide by the result of a majoriq� vote of the employees in the above classifications. Should V2CE succeed in such an election, the Ciry and WCE wiil meet and confer on a side letter implemeoting the terms of the Agency Shop agreement. ARTICLE 1.03 CITY RIGHTS The N'CE agrees that the City has the right to unilaterally make decisions on all subjects that are outside the scope of bargainin2. The exclusive riehts of the ciry� shall include,but not be limited to: A. Establish, plan for, and direct the work force toward the organizational goals of the Cit}�government. R'CE.MOU ]1/3/IS-06/30/17 Page 2 Resolution No. 201�-2�3 Paee?�'o. 7 B. Determine the oreanivation. and the merits. necessirv, and le��el of acti��in� or semice to be pro��ided to the public. C. Determine the Cin�budeet. D. Establish. reeulate and administer a merit or civil sen�ice s��stem which pro��ides for all ri�pes of persoruiel transactions, includin2, but not limited to, determinine the procedures and standards for the hiring, promotion, vansfer. assienment la}�off retention and classificatio� of positions in accordance�vith ,_ the Ciq Chartec Civil �en�ice kules, and established personnel practices. E. Discipline or dischaz�e emplo��ees for proper cause. F. Determine the methods, means, numbers, and kinds of personnel, and the job or position content requued to accomplish the objectives and eoals of the Cirv. G. Effec[a reduction in authorized positions. H. Subcontract out various sen�ices currentl}�performed b}�Cin�work force when such actions��ill result in cost sa��ines to the Cirv. I. Tal:e actions necessarv to cam out the mission of the Cirv in emereencies and in other situations of unusual or temporan�circumstances. J. Continue to eaercise efficient and productive manaeement practices consistent with federal and state la��s and in compliance �rith the Ciro Charter and City ordinances. Terms and conditions set forth in this MOU represent the full and complete understandine benreen the parties. Durino the term of this t�10U, the R'CE e�pressl�� ti�ai��es the rieht to meet and neeotiate �i�ith respect to any subject covered in this I�90li unless modified through the voluntan, murual consent of the parties in a written amendment. 'Ihis �90U terminates and supersedes those partial practices, agreements, procedures, traditions, and rules or reeulations inconsistent with an}� matters co��ered in the �40U. The parties aeree that durine the nesotiations that culminated in this ?�fOU, each pam enjo}�ed the opportunin� to make demands and proposals or counrer-proposals�vith respect ro any maner, even though some matters ��ere proposed and later withdrawn, and that the understandines and agreements arrived at afrer the eaercise of that rieht and opportunin� are eaecuted in this MOU. Ihe Cin�`s exercise of its management riahts is not subject to challenee throueh the grie��ance procedure or in any other forum, except where othenvise in conflict ��ith a specific term of this collective bazeainino a�reement. ��'CE.MOli 11/3/15-0680/17 Paee 3 Resolution No. 2015-2�3 � Page No. 8 ARTICLE 1.04 WCE RIGHTS I WCE shall have the rieht to: A. Be provided a reasonable amount of space on relevant City bulletin boards for leeitimate communications with members. WCE shall be responsible for maintaining the space provided in an orderlv conditio� and shall prompUy remove outdated materials. B. Be granted use of Cit�� facilities by t�he appropriate authoriry for meetings composed of WCE members, provided such meetings are held outside regularly scheduled working hours for the group which is meecing, and provided space can be made available without ioterfering with City needs. WCE will provide proper ad��ance notice of such meetings and pay any contingent costs of security, supervision, damage and clean-up. C. The Cit}� will place the current MOU on the Ciry's intranet no later than 30 calendar da��s after date of adoption by the Cih�Council. D. Authorized representatives shall be allowed reasonable access to �nit employees during workine hours for the purpose of consulting regarding the employer-employee relationship, provided that the work operation and service to the public are not impaired and the authorized representatives shall have given advance notice to, and been ganted authorization by, the Appointing Authoriry or his or her desia ated representative when contacting unit employees during the duty period of the employees. The Appointing Authority or his or her designee shall determine the appropriate time for such access. E. Desia ate two (2) employees (in addition to the President and Vice-President) wbo serve as official representatives. Such persons shall be released from work, without loss of compensation, when formally meeting and conferring with management representatives on matters within the scope of representation. One member shall also be released from work without ]oss of compensation when meeting with management representatives oo matters pertaining to an allowable grievance item. F. Be provided, upon request, such literature and public documents as may be necessary when not available on ihe Ciry's intranet(i.e., Ciry budget, Civil Service Commission meetings,open Counci] conferences, etc.). G. The City shall bill VdCE $.10 per member, per pay period for the full costs incurred for dues deduction on behalf of WCE. H. If the Ciq� proposes ]ayoffs of positio�s represented by WCE, or the freezing or deletion of vacant positions represented b�� WCE afrer 7/1/2005, the City will have Human Resource managemeot discuss such proposals with a two-person WCE team to discuss possible alternatives. WCE will act only in an advisory capaciry to the Ciry R'CE.MOU ll/3/15-06/30/17 Page 4 Resolution No. 201�-2�3 Paee No. 9 and acl:nowledees and recoenizes the Cin's full riehts under .4rticle 1.04 of chis D40li. _ _ . _ ARIICLE 1.05 LABOR-AL4\AGE�'IENT COOPER4TI0\ The parties aeree that durine the term of this D10U. the}� will continue to support the Pride .4t \�'ork Program. In addition the} will continue to participate in efforts to contain health care ,_ costs. The Cin� and WCE aaree cnac tne�� ill continue to have open discussions on matters of concem to the parties during the term of this MOU, includins facilita[ed meetines with appropriate Appointine Authorities to discuss opponunities for cross-depanmental trainine opportunities. ?,RTICLE 1.06 TER1�4�\�EFFECT OF THIS 17ED40RA\�LT1 OF LTDERSI':�\-DING A. This A40li shall remain in full force and effect from November 3. 20li throush June 30. 2017 (thz date closest to Jul} ] that is the end of a pa}� period) and it is understood and agreed that the terms, conditions, �rases, and all pro��isions of this MOU shall continue in effect until a new D40li is neeotiated ar�d subsequentl} ratified bv the \�'CE and adopted bv the Cin� CounciL The terms and conditions outlined in this A40li shall remain in effect from November 3. 201�until June 30. 2017. If either parn� proposes to modify or terminate an}� of the tertns or conditions set forth in this �10li for inclusion in a subsequent �10U, they must notifi�the other pam� in writina not later than Februan� 28. 2017. �l'CE will endea��or to submit ��ritten proposals for such proposed modifications to the Ciw not later [han February 28, 2017. Proposed modifications not submitted ro the Cin� in writine ba Februan� 28. 2017 �vill not be discussed durine the meet and confer process. City agrees that if��ritten proposals are received from �l'CE b�� February 28, 20ll, Cin� �rill be prepared to commence ne�otiations on those proposals b}�A4arch 1�, 20]i. B. The provisions of this?�40ti shall be subject to federal, state and local law. C. If at anv time durine the term of this A90U. throush causes bevond the control of the Cin�. the Cin� does no[ ha��e a sufficient amount of anticipated budeeted re�•enues or is required to make substantial unanticipated eapenditures. then. in such event, the Cin� ma��, with murual asreement of the WCE. re-neeotiare this �40li and meet and confer on ��•a�es. hours and other terms and conditions of employment. This section. ho�j�e��er, in no�va}� affects the e�isting right of the Cin�to la}�off emplo}�ees. ��`CE.�90U 11G/li-06/30/1i Pa2e S Resolution No. 201�-2�3 Page No. 10 ARTICLE 1.07 MOU REVISIONS The Cit�� and the WCE agree that during the term of this MOU they will continue to meet and confer on changes to the format and laneuaee of the MOU. The purpose of the proposed chanees is to reconcile the MOU with the Civil Service Rules,the Employer/Employee Relations Policy, and other City policies and procedures, and to insure the languaee of the MOU accuratel}� reflects Ciq�practice. The Ciry and V�'CE agree to meet regarding a CASp stipend. ARTICLE 1.09 RETENTIOA'OF BEA'EFITS The represented emplo}�ees covered by this MOU shall retain all benefits provided herein for the full term of this MOU. BeneSts, rights, or privileges not specifically covered by this MOU, but subject to the Meyers Milias Brok�n Act, may be acted upon by the City w�ithout mutual consent afrer meeting and conferring with the R'CE. ARTICLE 1.10 SAVINGS CLAUSE If any article of this MOU is held to be invalid by operation of law or by any court of competent jurisdiction; or if compliance with; or enforcement of. any article or section is restrained by such court, the remainder of this MOU shall not be affected by such action. The parties shall if possible meet and confer or meet and consult as the case may be for the purpose of arrivine at a mutually satisfactory replacement for any article invalidated by operation of law. � R'CE.MOU ll/3/IS-06/30/17 Paee 6 Resolution No. 201�-2�3 Pase No. 11 SECTION II CO�'IPE\SaTION SLBSECTION A �4'AGES ARTICLE 2A1 «'AGES A. Salan�adjustments shal] be made as follows: 1. 3%effec[i��e Octooer 30. 20 i�. 2. 2% in the first full pa} period of Juh, 2016. 3. 1% in the first full pa} period ofApriL 20U. 4. The above salary adjustments are not retroacti��e. B. [EPn4C Termination] EP�4C�=ill be eliminated October 28,2016. C. Merit(Step) Increases will be made accordine ro the formula set foah in the Civil Service rules currentiv in effec[. The classifications shall be subject to a five (�) step salan� ranae. The norma] hire rate shall be Step "A" provided. ho��ever, that an exceptionall}� well-qualified candidate ma}� be hired beyond Step "A" �vithin the established range based upon the recommendation of the Appointin� Authorin�, the Director of Human Resources and appro��al b�� the Cim Manaeer. D. Effective Dates - All other pa}�roll and k�age changes, such as resular merit increases, shall be effecti��e at the beeinnine of the reeular bi��eekl}� pa}�roll period closest to the employee's actual qualifi�ine date. E. Rate of Pa}� Followine Promotion - �k'hen a represented employee is promoted, the ne« rate of pa}• ��ill be the lo��est step in the new salarv ranee ��hich «ill result in the emplo}�ee receiving at least 5%more than the actual base rate in the old dassification. F. All Assistant En2ineers. Associate Ensineers .ASSOCiate Land Sun�evors. or Plan Check Eneineers �vho become regisrered by the State of Califomia as a Professional Civil Eneineer. Professional Traffic Eneineer. Land Sun�evor or Licensed Architect �rhen registration is not a requirement of the position held, shall receive fi��e percent (�%) additional compensation. G. The Cin, in its sole discretion, may designate indi��iduals as QSD or QSP certified. Ifthe Cin� makes such a designation and the emplo}�ee is so cenified, the employee shall recei��e a S100 stipend paid once a}�ear. The stipend«ill be paid in the last pa} period of Oetober of each fiscal ��eac \PCE.�90U 11/3/15-06/30/U Paee 7 Resolution No. 20]5-253 Page No. 12 ARTICLE 2A2 OVERTIl�4E I. Definition - ��'henever an employee is ordered to work more than 40 hours in a work week he or she shall be granted overtime pay at the rate of I 1/2 times his or her Fair Labor Standards Act(FLSA) "Regular Rate", or compensatory time off at 1 1/2 times the extra hours worked (except as stated in Article 2.03.). Overtime work shall be permitted only at the direction and with the advance approval of the employee's immediate supervisor. °ayment fof o-vcrtima shall be made during the pay period in which the overtime H�as earned. "Time Worked" - Includes all paid hours including sick ]eave, leaves during which Workers' Compensatio� is paid, vacation time, holidays or any other time away from the job for which the employee is compensated. II. Administration of Overtime - All time worked in addition to Yhe work period as defined � in Article 3.0] ��ith the exception of i�significant amounts of "hours worked" wil] be counted toward the 40 hour work week. Insignificant amounts of hours worked is defined as any time worked outside the regular schedule that is less than 15 minutes in a dav,unless the definition.is changed in the Federal Regulations or by court action. ARTICLE 2.03 COMPEIVSATORY OVERTIME A record of compensaton� overtime eamed and used shall be maintained on the biweekly pay records. Compensatory overtime shal] not be accrued to an employee's credit for any time in excess of 40 hours. The decision to reimburse an employee for overtime hours worked with compensatoq� time off in-lieu of pay will be at the discretion of the supervisor and the Appointing Authorih� based on the employee's request while recognizing the overall departmental staffine requirements. ARTICLE 2.04 OUT-OF-CLASS ASSIGNMENT I. When an employee is assigned w perform the duties of a higher paid classification for a period of at least � consecutive work days, or 40 consecutive working hours, the emplo;�ee shall be compensated with a minimum of 5 % above the employee's current salary rate, up to a maximum of 20%, effective the first day of the out-of-class assignment. Increases greater than 5% must be approved by the Director of Human Resources. II. Requests for out-of-class compensation shall be submitted by the Appointing Authoriry o� a "Pa}�roll Change Order RequesY' form as percentage amounts only. ID. The d�ration of out-of-class assignme�ts shall not exceed twelve consecutive months. WCEMOU il/3/IS-06/30/17 Page 8 Resolution No. 201�-2�3 Paee No. li ARTICLE 2A5 SPECLAL PROJECT PAI' WCE represented emplo��ees ma}� be elieible to recei��e a ma�:imum of 1�% abo��e their base pa}� u�he� assiened b� the Cin�Manager to a"Special Project". ' ARTICLE 2.06 BILL\'GtiAL P�Y Those emplo}�ees �+ho, upon the recommendation of the .Appointing .Authority and approval of the Director of Humari Resources, are reeularh required to use their bilineual sl:ills in the performance of their duties will recei��e $100 per month in addition to their regular pa}�. Employees requesting bilinsual pa} must successfully complete a Bilingual Performance Examination. Emplo}�ees ��ho wish to continue receivine bilingual pa}� must successfull� complete a Bilineual Performance Eaamination once even�three(3)��ears. �RTICLE 2.07 �'IILE�GE REL�'IBLRSEIIE?�T Employees shall be subject to the Cin�`s Mileage Reimbursement Program �rhen required to use their personal vehicle for authorized Cip business. The reimbursement rate �vill be equal to the current maximum IRS rate. :1RTICLE 2.08 PROTECTI��E CLOTHL�G The follo«ing positions are currently induded in the Safen� Shoe Proeram: Assistant Land Sun�evor, Associate Land Sun�e}�or and Senior Land Surve}�or. These emplo}ees and other emplo}�ees oot specifically listed aze eligible to be reimbursed up to �li0 per pair of safety shoes, �vhen it has been determined b}' their Appointine Authorin or the Risk �9ana�er that, because of their duties,the«�eari�g of safen� shoes is required. :�RI'ICLE 2.09 PROFESSIONAL E\7tICI�1ENT Employees represented b}� �'��CE are eligible to participate in the Cim`s Professional Enrichment Prograzn. To qualifi� as a reimbursable espense. the emplo��ee must demonstrate a link to their current job or career path. Requests for professional enrichment reimbursement must be approved b}� the emplo��ee's supen�isor, prior to any e�penses beine incurred: under the follo��ine terms: • Rele��ant trainine needs/requests are identified in performance Qoals • Trainins to improve current skills or help in career advancement • Employee to report ouUfolloH-up when requested b�� Supervisor l�'CE.MOU il/3/15-06/50/17 Paee 9 . _ Resolution No. 2015-253 Page No. 14 The a�nual Professiona! Enrichment Fuod allounent for WCE employees is $2�,000. Employees are eligible to receive up to $Z;�00 per fiscal year for professiona] enrichment. Funds may be used at anv time during the fiscal year. Fisca] year reimbursements under the Cit}�'s "Professiona] Enrichment" will be closed the second Thursday in June. Emplo��ees may request reimbursement for professional enrichment expenses in accordance with Internal Revenue Code Section 132 a�d any other applicable state and federa] ]aw. Employees must receive appro��a] from their Appointing Authority and the City Manager's designee before funds may be daimed for reimbursement. Reimbursements are on a first come, first serve basis unti] the funds have been exhausted. ARTICLE 210 FEES FOR PROFESSIONAL LICENSES/1�4EMBERSHIPS The Ciry shall pay the fees for the professional registration or license of Engineers, Civil Engineers, Strucmral Engineers, Traffic Engineers, Traffic Operation Engineers, Land Surveyors, Plan Check Eneineers, Architect, Qualified SWPPP Developers (QSDs), and Qualified Sl�'PPP Practitioners (QSPs). The City will pay membership fees for WCE employees in an}� one professional organization as requested. The City will pay only one membership fee per year, per employee in addition to any department-��ide memberships. R'CE.MOU 11/3/IS-06G0/17 Page ]0 Resolution No. 201�-2�3 Paee No. 1� SECTIO?�II CO_MPENSATIO�' SLBSECTION B—BENEFITS ARTICLE 2.11 ED'IPLOl'�E BENFFITS Emplo��ees aze elieible for benefits if emplo}�ed: .q. directl�� bv the Cit� of Chula Vista and B. ��orkine in a half time (�0 hours) or more positio� in an 80-hour bi�veek]} pay period. I. Fleaible Be�efit Plan The City will provide to each represented employee a Cafeteria Plan allotment to purchase benefits qualified under Section 12� of the Intemal Revenue Code. The Plan Document containine the specific provisions of the Plan ��°ill be adopted b}� the Cin� Council on an annual basis. The plan document will incorporate b}� refere�ce the pro��isions of this article. A. Enrollment I�'ewl�� elieible employees (new hires or those chaneina from an inelieible to ari 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 bene5ts aze effective from the emplo}�ee's date of hire except the dental plans ��hich are effecti��e the first of the mo�th follo�j°ine the emplopee's date of hire in an eligible position. Emplo}�ees who fail to submit required benefit election forms �ti�ithin 30 da��s of their date of elieibilin� will automaticallv be enrolled i� the Employee Onlv cateeon� of rhe lowest cost City sponsored health plan with the remainine balance of the Cafeteria Plan allotment beina placed in the taxable Cash option. Emplo}�ees ��ho fail to submit required benefit election forms during Open Enrollment �vill be enrolled in the same health plan they elected in the previous yeaz. All other elections pre��iously made by an emplo}�ee �vill be cancelled and the balance of the flex allotment will be placed in the ta�able Cash option. N'CE.A10U ll/3/li-06r0/17 Paoe ll Resolution No. 201�-253 Page No. 16 B. Cafeteria Plao Allotrnent The Flex Benefit amount for Employee Only, those that opt out of City coveraee, and those employees covered by another Chula Vista City employee shall be fixed at the amount provided in calendar year 2013 ($12,762). The flex amount for Emplo��ee + 1 aod Employee + Fami]}° will be adjusted under the current 50/50 cost sharing formula, utilizing the average cost increase of the full-family, non-indemniry, health plan premiums. Elieible part-time benefited employees will receive an albtment i❑ the proportion that such paR-tii„e eii�yl�j�ment bears to full-time employment. [AC9 Reopener] The Cit}� provides medical benefits (via a cafeteria plan as set forth in Article 2.11) to VJCE represented employees. These benefits are subject to the Federal Affordable Care Act (`ACA"). The City, upon notice to WCE, may reopen this MOU when the Cit�� has been informed of or is aware of non-compliance with the ACA, includin� a "Cadillac" taa. The Ciry shall provide notice to WCE of the �ature of the act � or omission that forms the basis of ACA non-compliance. The City and R'CE shall thereafter promptly meet and confer to the extent required by the MNIBA. The Ciry provides a Cafeteria Plan Allotmenc amount ("AllotmenY')to WCE represented employees to purchase benefits qualified under Section 125 of the IRC as set forth in Article 2.1] of the MOU. The Allotment for 2015 is $13,900, but may increase on a ��early basis. The Ciry shall provide a comparable or replacement benefit to any benefit lost as a result of compliance with the ACA, including a "Cadillac Tax." The aforementioned comparable or replacement benefit shall be up to, but not exceed the Allotment amount, as provided for in Article 2.19(I)(B) above (currently $13,900 for 2015), ]ess any remaining or nomimpacted Allotment amounts. The aforementioned Allotment amount shall also not be increased to account for taxation benefits. The City shall also, to the extent necessary,earmark and set aside the impacted Allotment amounts (provided for in Article 2.1](I)(B) above [Cafeteria Plan]) so that they may be used to provide the aforementioned comparable or replacement benefit. The City shall endeavor to ensure that any plan design changes will have the least impact on employees as possible and stil] comply N�ith the ACA. This re-opener shall be used only to ensure ACA compliance; including a"Cadillac"tax. C. Available Cafeteria Benefits 1. Health Insurance From the Cafeteria Plan albtment, each represented employee must select co��erage for himself or herself under one of the City sponsored health plans. However, if the employee has group medical insurance from anotber reliable so�rce that is acceptable to the City of Chula Vista Depaztmeot of Human Resources, the employee may elect to decline medical i�surance from a Cit�� provider and apply the value of the City's "Fleaible Benefit Plan" WCE.MOU 11/3/15-06/SO/17 � Paee 12 - Resolution \'o. 201�-2�3 Paee No. 17 contribution to other a��ailable Cin� Flex options. Am emplo��ee married to another beoe5ted Cim emplo��ee who is covered under his or her spouse`s plan ma}��vai��e coveraee under the Cafeteria plan and will receive full credit. Am� emplo}ee ��ho dedines medical insurance co��eraee may enroll in the Cirv medica] plan prior to the next open enrollment onl} if the employee in��oluncaril} loses the coveraee. Enrollment application must be received in Human Resources«ithin 30 da�s from loss of co��eraee. The employee will pay anc premium cost in excess of the Cafeteria Plan allotment through pa}roll deductions. 2. Dental (Optional) Represented emplo}�ees ti�ill be eligible to participate in any Cin sponsored eroup dental plan. .An}� difference bet��een the emplo}�ee's a��ailable Cafeteria Plan allotment and the premium for the selected dental plan ��ill be paid b�•the emplo��ee throueh pa}�rol] deductions. 3. Dental/A9edicalNision (D/A9/V)and Dependent Care Reimbursement Accounts (Optional) Represented emplovees ma} allocate a portion of their Cafeteria Plan allotment to either a Dental/?�4edical/Vision or Dependent Care reimbursement account. 4. V ision—(Optional) Represeuted emplo}�ees��ill be elieible ro participate in a City sponsored eroup vision plan. .An}�difference bet��een the emplo}�ee's available Cafeteria Plan allotment and the premium for the selected plan will be paid by the emplo}�ee throueh pa}�roll deductions. �. Cash(Optional) Represented emplo}�ees ma��allocate a portion of their Cafeteria Plao allotment to a ta�able cash pa}�ment. These pa}�ments will be paid to emplo}�ees on a pro-rata basis nro times per benefit vear. 6. Fleaible Spendine Accounts (FSAs)—Health Care and Dependent Caze Represented employees will be eligible to participate in the m�o Fleaible Spendine Account (FSA) options oflered b��the Cin�. Employees ma}� elect to set aside a portion of their salan�, on a pre-ta� basis. to fund elieible health care and dependent care e�penses. If the Cin� does �ot meet IRS ti'CE�10li 11/3/15—06h0/U Paee li Resolution No. 2015-253 � Page No. 18 re�ulations, or if the IRS regulations change for any reason, Yhis benefit may be discontinued. The Cig� reserves the right to contract with a Third Party Administrator for the administration orFSAs. The Ciry will pay the start-up costs associated wi[h third parq� administration. Participating employees N�ill pay an}� required fees (monthly,per employee, per transaction, etc.). , , D. Shor-Term/Long-Term i�isabilih� The Ciq� agrees to contribute the amount necessary to provide short-term disability and long-term disability protection for each represented emplo��ee. At a minimum the policies will include the following: Short-Term Disabilit}� - Requires a thirty (30) day elimination period and pays a weekly be�efit of 60°/o of salary up to a maximum of$1,732 per �a�eek. Long-Term Disability—Requires a ninety (90) day elimination period and pa}�s a 60% of salary up to a monthly maximum of$7,500. Disabilit}�Plus-]f the employee has a loss of 2 or more activities of daily living(ADL), he or she will receive an additional 20%of salary up to a maximum of�5.000. ARTICLE 212 GROUP TERM LIFE INSURANCE The Cih� agrees to pay the premium for $50,000 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 i�crements through the City's group insurance plan. Employees will pay the additiona] cost oF supplemental insurance through pa}�roll deductions. ARTICLE 213 RETIRED�fENT The Cit}'will provide to represen[ed members retirement beoefits via contract with the California Public Emplo��ees Retirement S}�stem (CaIPERS) as set forth i�the Califomia Government Code. The Cin� will provide the following defined be�efit formulas for local miscellaneous employees: Tier 1 Local Miscellaneous 3% @ 60 Tier 2* Local Miscellaneous 2%@ 60 Tier 3** Local Miscellaneous 2%@ 62 *EfFective 04/22/20]1 **Effective 01/O1/2013 WCEMOU 11/3/15-06/30/ll Paee 14 Resolution No. 201�-2>3 Paee No. 19 Tier 1: 3% @ 60 Local miscellaneous represented emplo��ees in Tier 1 shall convibute 8%, which will be applied to the Cin�`s convibution to CaIPERS for optional benefits.The follo�ti�ing is a summan�of Tier 1 CaIPERS contract pro��isions: .A. One-1'eaz Final Compensation B. Pon-Retiremenc Sun�ivor AIIoH�ance C. Credit for linused Sick Lea��e • D. 4m Le��el 19�9 Sun�i��or Benefit. E. D4ilitarv Service Credit as Prior Service F. Cost of Li��ing.411o�vance(2%) G. Post-Retirement Sun�i��or Allo��ance Continuance H. Pre-ReYuement Death Benefit for Spouse I. Retired Death Benefit 5�.000 J. Prior Sen�ice Credit K. Employer Paid Alember Contributions reponed as earnings The belo�v benefits for Tier 1 (3%@60)employee shall be effecti��e October 28, 2016: Local miscellaneous represented emplo}•ees in Tier 1 shall convibute 8%a,on a pre-tax basis,to the extent permitted b}�the Intemal Re��enue Code, which H�ill be applied to the employee contribution to CaIPERS. There shall be no further Emplo��er Paid member Contribution (`EPD4C"). The followine is a summary of Tier 1 CaIPERS contract pro��isions: A. One-Year Final Compensation B. Post-Retirement Sun�ivor Allowance C. Credit for Unused Sick Lea��e D. 4m Le��el 19�9 Survivor Benefit. E. Dlilitarv Service Credit as Prior Service F. Cost of Livine Allowance (2%) G. Post-Retirement Sun�ivor Allowance Continuance H. Pre-Retirement Death Benefit for Spouse 1. Retired Death Benefit SS.000 J. Prior Service Credit Tier 2: 2% @ 60 Local miscellaneous represented emplo��ees in Tier 2 shall convibute 7%, on a pre-ta�basis to the estent permitted b}� the Intemal Revenue Code; which will be applied to the employee contribution to Ca1PERS. There is no EPD1C. The followine is a summarv of Tier 2 CaIPERS contract provisions: A. 'Three-l'ear Final Compensation B. Post-Retirement Sun�ivor Allo��ance C. Credit for Unused Sick Leave A`CE.D10U 11/3/15-06/30/17 Paee ]5 _ Resolution No. 201�-2�3 Page No. 20 D. 4mLeve] 1959 Survi��orBenefit� � E. Militan� Service Credit as Prior Sen�ice F. Cost of Li��ing AlloH�ance (2%) G. Post-Retirement Survivor Allowance Continuance H. Pre-Retiremen[ Death Benefit for Spouse I. Retired Death Becefit �5.000 J. Prior Service Credit � Tier 3: 2% @ 62 Local miscellaneous represented employees in Tier 3 shall be responsible for the full emplo}�ee conuibution; which will be applied to the CaIPERS employee contribution. There is no Employer-Paid Member Contribution (EPMC). Final compensation will be computed based on the hi2hest a��erage compensa[ion during a consecuti��e 36-month period, subject to the compensation limit set by CaIPERS. Contract pro��isions for Tier 3 benefits��ill be determined by CaIPERS pursuant to the Califomia Public Employees' Pension Reform Act of 2013.# ARTICLE 2.14 DEFERRED COD�EA�SATION VJCE members shall be eligible to participate in the Cit,v's approved deferred compensation plans offered by the Cih�. ARTICLE 2.15 RETIREE HEALTHCARE The Cin��ill continue to offer a blended healthcare rate for employees hired in Tier 1 as defined in 2.li abo��e. The Cit}� will no longer provide for subsidized retiree health care rates by offering a blended healthcaze rate for employees hired in CaIPERS retirement Tier 2 or Tier 3 as defined in 2.li above. SECTION III HOURS ARTICLE 3.01 «'ORK PERIOD The work period is a fixed and regular recurring period of work hours during the seven consecutive 24 hour periods beginning at 12:0] a.m. on Friday morning and ending at 12:00 midnight the follo��ing Thursday e��ening. WCE.�90U 11/3/15-06/30/17 Pave 16 Resolution ?�o. 201�-2�3 Paae No. 21 ARTICLE 3.02 V:�CATION I. Definition - For the purpose of this article, the definitions for continuous sen�ice, intertnittent sen�ice, active service. time ��orked. calendaz �•eaz and emplo}�ee as found in the Civil Sen�ice rules shall apply. II. Vacation , A. 1'acation Accruai - Continuous sen�ice: Each employee paid at a bi�i�eekh� rare who has had con[inuous full-time acti��e sen�ice shall be entitled to vacation with pa}�. This benefit�j•ill be calculated based on 26 pa}� periods per fiscal ��ear. The following provisions shall appl}�: 1. Emplo}�ees �i�ill accrue 80 hours durine the first throueh fourth yeaz of sen�ice (cumulati��e to a total lea��e balance of 240 N�orkins hours). This benefit H�ill be accumulated at the rate of 3.08 working hours for each full biweel:l}� pa}� period of sen�ice performed. 2. Emplo}�ees u�ill accrue and be eligible to recei��e 120 hours annualh� (cumulati��e to a total lea��e balance of 360 hours) durine the fifrh throush ninth year of sen�ice. The benefits will be accumulated at the rate of 4.62 �t�orkine hours for each full biweekly pati�period of service performed. 3. Emplo}�ees H�il] accrue and be elieible to receive 160 hours annuall�� (cumulative to a total leave balance of 480 hours) durin2 the tenth throueh fourteenth vears of service. This benefit will be accumulated at the rate of 6.1� wod:ine hours for each full biweekh•pa��period of sen�ice performed. 4. Employees will accrue and be elieible to recei��e 200 hours annually (cumulative to a total leave balance of 600 hours) durine the fifreenth and succeedine }�ears of sen�ice. This benefit H•ill be accumulated at the rate of 7.69�vorkine hours for each full biweekly pa��period of service performed. �. Roundine may extend further decimal places as pa}�roll systems are uperadeA. 6. ]�laximum Vacation Accrual - At no time may an employee have more than three vears of vacation leave accumulated. \o credits shall be accrued above this limit. 7. Vacation acerual rate chanses H�ill become effective at the beeinnine of the pa}� period H�hich includes the employee's anni��ersan� date of benefited srarus. 8. Vacation sell back — All members of represented classifications who ha��e completed at least fi��e (�) }�ears of service shall have the option of selling 60 N`CE.D90U 11/3/]5-06/30/17 Pa2e 17 Resolution No. 2015-253 Page No. 22 hours of accrued vacation back to the City in 20-hour increments. The accumulated vacation balance wil]be reduced accordingly. B. Each part time employee paid at a biweekly rate shal] be entiUed to vacation with pa}�. The number of working days of such vacation shall be computed on the basis set forth in subsection (2), (3), (4) or (5) and shall be in the proportio� that the part-time employment bears to full-time employment. , C. Employees separaiau iroii� City service, wheYher voluntarily or involu�taril}�, shall be granted all of the unused vacation to which they are entitled based upon continuous service computed on the basis set forfh in subsections (1), (2), (3) or (4). Payment shal] be made hour-for-hour with any portion of an hour being considered a full hour. D. Vacation Use - Vacation leave balances shall be reduced for actua] time not worked to the nearest quarter hour. Absences may not be charged to vacation not alreadv accumulated. ARTICLE 3.03 SICK LEAVE A. Accumulated paid sick leave credit is to be nsed for the sole purpose of protecting the employee's wages in the event an absence from work is made necessary because of disability due to the injury or illness of the employee or members of the employee's immediate family. For purposes of this article immediate family is defined as spouse, domestic partner, child, stepchild, parent, stepparent, sibling, parent-in-law, grandparent, or any other person living as a member of the emplo}�ee's immediate household. B. Sick Leave Accrual - CompuYation of sick ]eave: Sick leave with pay is cumalative at the rate of 3.69 working hours for each biweekly pay period of active service, 96 hours an�ually, beginning at the time of full-time permanent probationary employment This benefit is calculated on 26 pay periods per fiscal yeac Permanent part-time employees shal] receive sick ]eave with pay in the proportion that such part-time employment bears to full-time employment. A person who has held a position with temporary or interim status and is appointed to a position with probationar}� status, without a break in service, may have such time credited to sick Ieave �pon the recommendation of the Appointing A�thorit�� and the Human Reso�rces Director and with the approval of the City Manager. C. Maximum Sick Leave Accumulation - Unused sick leave may be accumulated in an unlimited amount. D. Sick Leave Use- Sick ]eave balances shall be reduced for actual time not worked to the nearest quarter hour for reasons allowable under this secfion. Absence for illness may not be charged to sick leave not already accumulated. ' V2CE.MOU 11/3/15-06/30/17 Page 18 Resolution No. 201�-2�3 Paee No. 2.i E. Sick Leave \'erification - The Cim ma}, in iu discretion, require a doctor's certificate and/or a personal swom affidavit statine that the emplo}�ee is unable to perform the essential functions of his or her job. If an employee is to be required to fumish a doctor's cenificate, the emplo��ee shall be notified b}� his or her supervisor that a doctor's certificate shall be requued ��hen [he emplo}�ee notifies the Cirv that he or she will be absent bv reason of illness or disabilin�. ,_ Sick leave ��erificacion may be requested at any time it appears to the Appointine Authorin� there is a pattem or practice of sick leave use that could be related to abuse. reeardless of whether the individual has a sick leave balar�ce on the books. .An emplo}�ee`s eahaustion of his or her sick lea��e balances will not automaticall�� trigger the verification requirement. HoH•e��er, when ��erification is required the emplo}�ee must show an immediate improvement in his or her ure of sick leave. Sick leave usaee �rill be monitored for a period of sis months. If at any time durine that period there is an}�abuse of sick ]ea��e, the emplo��ee will be subjea to disciplinan� action up to and includins termination. F. Sick Leave Reimbursement 1. Employees using thim�-rn�o (32) hours of sick lea��e, or less, during the fiscal ��ear. shall have the option of convertine t��enn�-five percent (25%) of their remainine��earh�sick leave to pa��. 2. Pa��shall be computed based on the follo�vine schedule and all computations shall be rounded to the nearest Nhole hour. ' REDIAI'�iZtiG 1�ARI_I' SICK LEA\''E PAl' OPTIO\' 25% 96 hrs 24 hrs 88 hrs 22 hrs 80 hrs 20 hrs 72 hrs 18 hrs 64 hrs 16 hrs �6 hrs p 3. If the pay option is selected, the paid sick leave hours shall be subtracted from the emplo}�ee's accumulated }�earh sick lea��e balance. The remainine sick leave hours shall be carried over to the next Fiscal ��ear and accum�lated. (Ezample: Emplo}�ee uses 32 hrs sick lea��e. He or she then elects to receive pay for 2�% of remainine da��s pa��ment, or 16 hrs. The 16 hrs are subtracted from his or her remainine ��ead�� sick leave and the o[her 48 hrs are added to the emplo}�ee's accumulated sick leave balanceJ VA'CE.MOU 17/3/15-06/30/17 Paoe 19 _ Resolution No. 201�-253 Page No. 24 4. Paqment will be made during the month of July of each year. Pay will be computed based on the employee's salary step on June 15. 5. Payment will be made only to employees on City payroll twelve (12) consecutive months prior to the payoff calculation. Permanent employees who retire during the fiscal year µ�ill be compensated under this plan based upon their formal retirement date. Prorated payments will not be made to an employee w�ho terminates during the fisca] year. However, in the event of the , death of an indi��iduai while employed by the City, 100% of the employee's unused, accumulated sick ]eave wil] be paid to the appropriate beneficiary as prescribed by ]aw. ARTICLE 3.04 BEREAVEMENT LEAVE When an employee with permanent status is compelled to be absent from work because of the death of an immediate family member as defined in Article 3.03 (A), the employee may be allowed to use his or her accumulated sick leave, vacation, compensatory time or floating holiday time for up to five(5) calendar days,plus three(3) trave] days. The employee must make a written request and receive�i�ritten approval from his or her Appointing Authority prior to taking bereavement leave. ARTICLE 3.05 HOLIDAYS I. Hard or Fixed Holidays wil] be celebrated on the day that City offices are closed for employees who work the traditional Monday through Friday work week. For the term of this MOU,the Holiday schedule is as follows: TNDEPENDENCE DAY JULY 4`" LABOR DAY 1 s`MONDAY IN SEPTEMBER VETERANS' DAY NOVEMBER ll�' THANKSGIVII�'G DAY 4`"THURSDAY IN NOVEMBER DAY AFTER THAI�TKSGIVING CHRISTMAS DAY DECEMBER 25�' NEV✓YEAR'S DAY JANLIARY 1�` MARTII�'LUTHER KING. JR. DAY 3`d MONDAY IN JANiJARY CESAR CHAVEZ DAY MARCH 31 s` MEMORIAL DAY LAST MONDAY IN MAY II. Hard Holidav Pav A. Full time employees shall receive eight (8) hours pay at their regular hourly rate for each hard holiday. Permanent part-time employees shall receive holiday pay at their WCE.D90U 11/3/15-06/30/ll Page 20 Resolution No. 201�-2�3 Paee No. 2� regulaz hourl��rate in the proponion that such permanent pan-time emplo�7nent beazs to full-time emplo��ment. B. In addition to the holida}� pay, overtime compensation shall be paid to elieible emplo}�ees who must H�ork on an��hard holidav. C. If a hard holida�� falls on a Saturda��. the precedine Fridav shall be obsen�ed as the holidav. If a hazd holidav falls on a Sundav. the follo�rine �4onda�� shall be obsen�ed ,_ az the holiday. TII. Floatine Holidavs A. Amount - Effecti��e the first pa}� period in Juh• of each fiscal year of this D10U. emplo}�ees shall be credited with eight (8) hours floating holiday time each for each of the followine da��s: Lincolds Birthdav. Washineton's Birthdav, and Admission Day. Permanent pan-time employees paid at a bi-w�eekl}� rate shall be credited floating holida}� time in the proportion [hat such part-time emplo}�ment bears to full-time employment. Emplo}�ees may take floatine holiday time at their discretion, subject to staffine needs and with the approval of their Appointine Authorin�. B. Floatine Holida}� Use - Employees usine floatine holida}� time before the holida}� passes and subsequently leavine City sen�ice N�ill be chareed for such time. Emplo}�ees ��ho do not use their floatins holiday time before June 30 of the fiscal vear N�il] lose such time. The smallest unit of time chareeable to floatine holidav time is one half hour. IV. Additional Floatin¢ Holidav N'CE represen[ed emplo��ees shall also be allotted eight (8) additional hours of floatine holida}� per year for fiscal }•ears 201�-2016 and 2016-2017. The ei�ht (S) hours ma}� be taken in the same manner as vacation lea��e. The eioht (8) hours must be used in its respecti��e fiscal }�ear, may not be carried o��er to[he next fiscal year, and may not be cashed out. aRTICLE 3.06 JiJRY DUT]' Permanent and probationan�emplo��ees who are called to sen�e on jury dun�for any counn�, stare or federal court within the San Dieeo area shall be entitled to paid lea��e under the followine cucumstances: A. The emplo}�ee must present to his or her supen�isor the coun order to appear forjun� dury at least three N�eeks prior to the date to repon. B. The employee must submit a daih�, court authorized; stamped time card accountine for all hours of sen�ice ordered bv the court. WCE.TIOU 11/3/15-06/30/U Paee 21 Resolution No. 2015-2�3 Paee No. 26 C. If jur�� service and tra��el time from court to work is less than five hours (7 hours for person on a 4/]0 plan) in a work day, the employee is expected to return to ��ork unless a justification for not reruming to work is pro��ided and approved, or pre-authorized leaveis approved. D. An emplo��ee who is required to serve jury dup� oo his or her scheduled da��s off will not be compensated for this time. E. If the employee is noi rcquircd lo report for jury dup� on any particular day(s) he or she is then eapected to be at work as per the norma] work schedule. F. ]t is the employees' responsibiliry to inform his or her supen�isor on a daily basis if he or she is required to report for jury duq� the following day. This may include calline the supen�isor after or before normal working hours. G. Absence due to jun� duty will be submitted on the City leave form. H. An employee whose u�ork week is other than Monday through Friday (8:00 a.m. to �:00 p.m.)may ha��e jury duty��ork day adjustments made by his or her supervisor. ARTICLE 3.07 COURT LEAVE Court lea��e is paid lea��e granted by the City so an employee may fulfill his or her duty as a citizen to serve as a ��itness in a court action to «�hich the employee is not a party, before a federal; superior; or municipal Court located within San Dieao Counn�. Court lea��e shall be limited to: A. Required attendance before federal, superior, municipal, and justice courts located N�ithin San Diego County. B. Time in attendance at court together with reasonable time ben��een court and N�ork. If attendance is for less than a full day and the employee can reasonably be eapected to return to work; he or she is required to do so. C. Court lea��e shal] not be granted when the employee is paid an expert wimess fee. D. Court lea��e will only be granted to employees who are not litigants nor related to litigants in the civil case in which they are called to appear or defendants in a criminal case. E. Employees shall provide their supen�isor with a copy of the legal subpoena and provide other documentary evidence of service: WCE.MOU 11/3/15-06/30/17 Page 22 Resolution No. 201�-2�3 Pase No. 27 F. ��l�en emplo}�ees aze subpoenaed in the line of duty the�� shall be euaranteed a minimum of nro hours pa}� for each sepazate coun appearance, includine tra��el time. .ARTICLE 3.08 PROFESSIONAL, LICE\SE OR REGISTR.4TION EX.��'IL�ATIO\ LE.4VE ,_ Represented emplc��ees who have made application for and are scheduled to participate in a licensure examination for Professional Eneineer. Professional Traffic Eneineer. Land Survevor. Architect Plan Check Eneineers, Qualified S��YPP De��eloper (QSD). and Qualified SWPPP Practitioner (QSP) shalt, upon ��erification by the Appointine Authorin�, be eranted time ��ith pa�� to participate in am� such part of the examination ��hich is scheduled durine Cip� N�ork hours. Such time off shall be eranted one time onl�� and shall not be chareed to anv lea��e time. If the emplo}•ee is required to[ake a license examination more than once, the emplo��ee must use his or her accrued leave. ARTICLE 3.09 JOB SHARL\G A ��'CE represented emplo}�ee ma�� submit a request to his or her appointing authority to share his or her job �i�ith another elieible and qualified emplo��ee. The Human Resources Director, after consideration of a recommendation by the Appointine Authorirv, may erant or deny such request. Requests shall not be unreasonably denied. If eranted,jobs may be shared on an hourh• or dail�� basis. All legally permissible benefits will be pro-reted. Each employee shall be notified, in �j�riting, by the Appointine Authority (as defined in the Cih� Charter) at the time of the appoi�tme�t ar�d such notification will clearly define the benefits to which each emplo��ee is eotitled. ARTTCLE 3.10 LEAV�S OF ABSENCE 1VIILIT.AR1' LEAVE For purpose of this i40li, the Civil Semice Rules are incorporated as reference as thoueh set out in full in this article. ARTICLE 311 VOLL1`T.�,Rl' ��`ORK FLRLOUGH I. ��CE represented emplo}ees (`Emplo}�ees) ma��request up to five da��s (40 hours)of ��oluntarv furlough per fiscal��ear throueh the Cin�`s Voluntarv work furloush program. Requests must be made in dav(8 hour) increments. The ��oluntan� furloueh ma}�be taken in the same manner as��acation lea��e. Voluntan� fudoueh must be tal:en before anv other lea��e balances are used. excludine sick]ea��e balance usaee. The voluntarv furlou�h must be tal:en before the end of each fiscal ��ear. • \\'CE.A10U 11/3/li-06/30/17 Pa¢e 23 Resolution I�'o. 2015-2�3 Page No. 28 II. Employees who, through oo fault of their own, were not allowed by the Cin�to rake the ��olun[ar}�fudoueh during the fiscal year,may carr}�over the unused hours into the neat fiscal��ear. To be eligible for carryover, employees must demonstrate in H�riting that thep requested voluntan� furloueh durine the fisca]year and that the Appointine Authorih� denied their requests. III. Employees may not have accrued more than five(5) days(40 hours)voluntary fudough durine the fiscal year. unless carried over as explained above. IV. Employees will be give� notice on Ma}� 1"of each fiscal year or the first Monda}� following May 1�`of each fiscal year of the necessiry to sign up for voluntary work furloueh and��ill be gi��e�three weeks to complete the request. WCE.MOU 11/3/75-06/30/17 Pa�e 24 Resolution No. 201�-253 � Paee No. 29 SECTION IV R'ORKiP`G CONDTTIONS ARTICLE 4.01 PROHIBITED PR4CTICES I. R'CE pledges it shall not cause. condone or counsel its unit members or am of them to strike, fail to fully and faithfull��perform duties, slo� doNm, disrupt impede or otherwise unpair the normal functions and procedures of the Cin�. „ II. Should an} unit employees oreacn the oblieations of Paragraph I durine the term of this MOli. the Cim Manaser or his or her desienee shal] immediatelv notifi� \��CE that an alleeed prohibited action is in proeress. III. WCE shall, as soon u possible. and in anq e��ent, within eieht workine hours disavow an}� strike or other alleeed prohibited action and shall advise its members orall}� and in writina to immediately retum to �vork and cease the prohibited activin�. R%CE shall provide the Cin� Manager ��ith a cop�� of its �vritten advisement. ��CE aerees to accept the responsibility for the strike or other prohibited acti��in� if it fails to follo� one or more of the duties set forth in this article. N. If R'CE disavows the prohibited acti��in� and rakes alI positive actions set forth in this MOU in sood faith, the Cin� shall not hold R%CE fina�ciallv or otherN�ise responsible. The Cin� ma}� impose such penalties or sanctions as the Cirv ma}� appropriately assess against the participants. \'. Should WCE breach its oblieations or anv of them under this section durine the term of this ?�40U, it is aereed that the Cin� shall pursue all leeal and administrati��e remedies available to the Cin�that in its discretion it ma}�elect to pursue. V"I. There shall be no lockout b� the Cin� durine the term of this D40U. ARTICLE4.02 CAREERAD�:�NCEn1ENT I. For WCE iepresented employees hired on or before June 30, 20li, the follo�j ine provisions shall appl}�: A. Promotion ]. The Assistant Engioeer classification will be considered a career advanceme�t position to the .Associate Eneineer le��el. Emplo}�ees will not be required to undereo a promotional exam but N�ill qualifi�for certification upoo (1) fu1511ment of a minim�m of one}°ear as an Assistant Eneineer and upon the forn�arding of a positive recommendation b}�his or her Appointing Authority or(2) becomins resistered as a professional eneineer b}�the State of Califomia. Permanent employees«�ho advance from the Assistant Engineer classification under=(1)above to the Associa[e Eneineer level shall not be subject to an additional probationarv period. Emplo}�ees who advance from the Assistant Ensineer le��el as a result of f(2) abo��e, shall serve at least a six month probationarv period at the \VCE.MOU 11G/1�-06/30/17 paQe 25 _ Resolution No. ZO15-253 Paee No. 30 Associate Engineer level and a[ ]east a combined total of one year as an Assistant Eneineer and/or Associate Eneineer to complete probation. 2. Emplo��ees classified as an Associate Engineer will be allowed to use the workine titles of Associate Civil Eneineer or Traffic Engineer upon (a) becoming re�istered as a Professiona] Civil Eneineer or Professional Traffic Eneineer b}� the State of Califomia; and (b) upon completion of the probationary period specified above and upo� fons�ardins of a positive recommendation by the relevant Appointing Authorin� co the Director of , Human Resources. 3. The career advancement pro��isions described in numbers 1 and 2 abo��e ��ill also be applicable for AssistandAssociate Land Sur��eyors. B. The provision set forth in paraeraph ].A, above, shall not be construed under any circumstance as creating a vested right, either eapressly or impliedly. The Cit}� reserves its rieht to and ma��, like any other term, seek to modify or terminate this pro��ision in subsequent MOU`s. ll. For \�'CE represented employees hired afrer June 30, 2013; the followine provisions shall apply: . A. Promotion 1. The Assistant Eneineer classification will be considered a career advancement position to the I Associate Engineer level. Employees will not be required to undergo a promotional exam; however, an employee`s advancement to the Associate Engineer will depend upon the Cih�'s operational needs. Employees may qualify for advancement to Associate Engineer upon: • Successful completion of the probationary period as Assistant Engineer and a positi��e recommendation by his or her Appointing Authority Or • Registration as a professiona] engineer by the State of Califomia and a positive recommendation by his or her Appointing Authority 2. The career ad��ancement pro��isions described above also apply to the AssistanUAssociate Land Surveyor classifications. 3. Employees classified as an Associate Eogineer wil] be allowed to use the working titles of Associate Civil Eneineer or Traffic Engineer upon (a) becoming reeistered as a Professional Civi] Engineer or Professional Traffic Engineer by the State of California; and upon fona�ardiog of a positive recommendation by the relevant Appointing Authority to the Director of Hamao Resources. �1rCE.MOU 11/3/15-06/30/17 Page 26 Resolution No. 201�-2�3 Paee No. 31 :�I2TICLE 4.03 DRI�'L�G ELIGIBII:ITl' VJhenever an employee dri��es a vehicle for Cin�business he or she shall have a valid Califomia drivers license. In order to ascertain the validin of the emplo��ee's licenses, emplo}�ees must present their dri��er`s license to their supervisor upon request. The Cit}� reserves the right to check at an}�tune with the Department of Motor Vehicles to determine if the license is valid. If an emplo��ee's drivers license is revoked, suspended or other�ise made invalid. the emplo}•ee must inform his or her supervisor. Failure to notifi• the supen�isor ma}� result,in immediate ,_ disciplinarv action. An employee �vho does not posses a valid Califomia dri��er`s license �vill be considered for a non-driving position, if one is available i❑ the emplo}�ee's classification. The non-drivine assienment w ill continue for a maximum of six months if there is a reasonable espectation the employee ��ill have a valid Califomia dri��er`s license at the eapiration of that time. Extensions to the.six-month limit �vill be considered on a case-b}�-case basis. In no case shall an employee recei��e more than one non-dri��in2 assignment in am' three-}�eaz period. R'hen no non-drivine assignment is a��ailable, an emplo}�ee must request a leave of absence �vithout pa}� for six months or until such time as his or her license is once aeain ��alid.whichever is shorter. In order to assure that non-dri��ino assi2nments are provided on a fair and equitable basis, the follo�j�ine procedures shall be observed: A. Each department will determine �ti�hether it has an}� non-driving assienments that can be filled b}� employees who would otherwise have drivine assienments. B. Non-dri��ing assisnments ��ill be eiven on a first come, first sen�ed basis. For example, if nvo employees in a department ha��e a non-valid dri��er`s license and there is only one non-dri��ine assienment, the first employee ��ho comes forw�ard �jill be given the non-drivine assignment. The other employee ma�� apply for a leave of absence as described abo��e. r1RTICLE 4.04 FITl�'ESS FOR DUTY The parties agree that it is reasonable ro require that employees be ph}�sicall�� and mentall�� fit to perform the duties ofcheirjobs. Such requirements instill public confidence in the Cin�`s abilip- to meet the public needs of its residents. Recoenizins these important factors; the parties aeree that durine the term of this MOli; the Cim ��ith reasonable cause, ma}� require medical and ps}�choloeica] usessments of emplo��ees provided the Ciro pa��s the costs of the assessments and pro��ides time off w�ithout loss of pay for such assessmenu. All such azsessments shall be done b}� appropriately qualified health care professionals. It is understood that the assessment regimen performed b}� the health caze professionals shall be reasonabh related to the requirements and duties of the job. \�'CE.D10U 11/3/li—O6/30/17 Pa2e Zi _ _ _ Resolution No. 201�-25� Page No. 32 Mv veatment or remedia] action recommended as a result of the assessment shall be the full responsibiliq� of the employee, except as otherwise provided by ]aw or as may be provided through ttie Ciry's Employee Assistance Program (EAP). ARTICLE 4.05 SUBSTANCE/ALCOHOL ABUSE PROGRAM Represeoted employees are subject to the City`s Substance Abuse Policy. ARTICLE 4.06 DIItECT DEPOSIT All represented employees will be required to provide written authorization to the City's Director of Finance to electronically deposit their paychecks to a financial institution of their choice. For new employees.the effective date of this article will be the date of hire. For current employees, the mandatory direct deposit program will be phased in so that employees who do not c�rrently have an account with a financia] institution have su�cient time to establish accounts with the financial institution of their choice. The final date for implementation of this program will be December 15. 2005. ARTICLE 4.07 GRIEVANCE PROCEDURE This grievance procedure shall be in effect duriug the full term of this MOU Section 1. PURPOSE. The purposes and objectives of the Grievance Procedure are to: (1) Resolve disputes azising from the interpretacion, application or enforcement of specific terms of this MOU. (2) Encourage the settlement of disagreements informally at the employee-supervisor ]evel and provide an orderly procedure to handle grievances through the several supervisory levels where necessary. (3) Resolve grievances as quickly as possible and correct, if possible, the causes of grievances thereby reducing the number of grievances and fumre similar disputes. Section 2. DEFIl�TITIONS. For the purpose of fhis grievance procedure the following definitions shall apply: (I) Manaeer: The City Manager or his or her authoriaed representative. (2) Day: A calendaz day, excluding Saturdays, Sundays and hard holidays as described by this MOU. (3) Appointing Authorit�� or head of a department: The chief executive officer of a department. WCE.MOU 11/3/15-06/30/]7 Page 28 Resolution No. 201�-2�3 Pase I�'o. 33 (4) Director of Human Resources: The Director of Human Resources or his or her authorized representati��e. (�) Emplo}•ee: Any officer or reeular (not temporary) emplo��ee of the City; except au elected official. (6) Employee representative: An individual�vho speal:s on behalf of the emplo}�ee. (7) 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 A90U. (8) Immediate supen�isor: The individual who assiens, revie�rs, or directs the work of an emplo}�ee. (9) Superior: The individual to whom an immediate supervisor reports. Section 3. RE��IER'.ABLE�D NOI�'-REV"IE�1%ABLE GRIEVA,\CES. (1) To be revieN�able under this procedure a erievance must: (a) Concem matters or incidents that have occurred in alleeed violation of a specific clause in this MOU: and (b) Specify the relief soaght, which relief must be within the pou�er of the Ciry co erant in whole or in part. (2) .4 grie��ance is not re��ieH�able under this procedure if it is a matter which: (a) Is subject to those resen�ed Cin� Manaeement Riehts as stipulated under Section 4 of the Employer-Employee Relations Polic�� for the Ciro of Chula Vista or under manaeement riehts as specified in this A40U. (b) Is reviewable under some other administrative procedure and/or rules of the Civil Sen�ice Commission such as: 1. Applications for changes in title.job classification or salarv. 2. .4ppeals from a formal disciplinarv proceedine. 3. .�ppeals azisine out of Ci��il Service esaminations. 4. .Appeals &om work performance evaluations. �. .Appeals that have a civil riehts remed}� or some other remed}� specified b}� la��. ��'CE.A90U 17G/15-06/30/]7 Paee 29 Resolution No. 2015-2�3 Page No. 34 (c) General complaints not directly related to specific clauses of this MOU. (d) Would require the modification of a policy established by the Ciry Council or b�� la��. (e) Relates to an�� Cit��group insurance or retirement proeram. Section 4. GEA'EItAL PROVISi^vid vF Ti-u, GRIEVANCE PROCEDURE. (1) Grie��ances ma�� be initiated only by the emplo}�ee or employees concemed and may not be pursued without his or her or their consent. (2) Procedure for Presentation. In presenting his or her grievance,the emplo}�ee shall follow the sequence and the procedure outlined in Section 5. (�) Prompt Presentation. The employee shall discuss his or her grievance N�ith his or her immediate supen�isor.within ten (10) N�orking days afrer the act or omission of management causing the grievance; or within ten (10) workine days of when the emplo��ee, �a�ith the exercise of reasonable diligence, should have discovered . the act or omission being grie��ed. (4) Prescribed Form. The written grievance shall be submitted on a form prescribed by the Director of Human Resources for this purpose. (�) Statement of Grie��ance. The grievance shall contain a statement of: (a) The specific siruation; act or acts complained of a violation of the MOU: (b) The inequih� or damage suffered by the employee; and (c) The relief sought. (6) Employee Representative. The employee may choose someooe to represent him or her at an�� s[ep in the procedure. No person hearine a erievance need recognize more thau one representative for any employee at any one time; unless he or she so desires. (7) Handled Durine Vdorking Hours. Whenever possible; grievances �i�ill be handled during the regularly scheduled working hours ofthe parties invoh�ed. (8) Eatension of 7ime. The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at,the step to be extended. WCE.MOO I1/3/15-06/SO/17 Paee 30 Resolution No. 201�-2�3 Pase I�'o. 3� (9) Consolida�ion of Grievances. If the grievance im�olves a group of employees or if a number of emplo}�ees file separate erievac�ces on the same matter, the �rievances shall, �rhene��er possible, be handled as a single erievance. (]0) Settlemeot. Any complaint shall be considered settled without prejudice at the completion of any step if all parties are satisfied or if neither parn� presents the matter to a higher authorin�«ithin the prescribed period of time. , (11) Reprisal. The grie��ance procedure is intended to assure a erie��ine emplo}�ee the rieht to present his or her erie��ance without feaz of disciplinarv action or reprisal b} his or her supen�isor, superior or Appointine Authoriw, provided he or she obsen�es the provisions of this 2rievance procedure. (12) Back pa}�. The resolufion of a arie�•ance shall not indude pro��isions for back pay retroactive further than nvenn�(20)«�orkine da��s prior to the date the erievance is filed. Ho«�ever, if with the esercise of reasonable dilieence the act or omission beine �rie��ed ��as not disco��ered �j�ithin ]0 �vorkina davs of its occurrence. and the erievance is subsequently timel�� filed pursuan[ to Section IV (3), then the resolution of the.grievance ma�� include pro��ision for back pa}� for a ma�imum period of one }�ear from the date the erie��ance �vas filed so lons as such back pa�� awards are complianc�rith the law. Seccion 5. GRIEV?._NCE PROCEDURE STEPS. The following procedure shall be follo��ed b}•an emplo}�ee submitting a gievance pursuant this article: Step 1 Discussion with Supen�isor. The emplo��ee shall discuss his or her erie�•ance with his or her immediate supen�isor informally. «�ithin three (3) H�orkine da��s, the supen�isor shall eive his or her decision to the emplo}�ee orally. Step 2 R�ritten Grie��ance to Superior. If the employee and supervisor cannot reach an aareement as to a solution of the grie��ance or the emplo}�ee has not recei��ed a decision within the three (3) workina davs time limit the employee ma��H�ithin se��en (7)workino da}�s present his or her erie��ance in «ritine to his or her supen�isor. The supervisor shall provide his or her written comments to the srievance and present the erievance and comments to his or her superior�vithin seven (i) ��orking davs. The superior shall hear the erie��ance and ei��e his or her �vritten decision ro the emplo}�ee �j•ithi� seven (7)�j�orkine days after recei��ine the erie��ance. Step 3 Grie��ance to Appointing_4uthorin�. If the emplo��ee and superior cannot reach an agreement as to a solution of the arievance or the employee has not recei��ed a written decision��ithin the seven(7) ��orkin� da}�s' limit the emplo��ee may within seven (i) morkine da}�s present his or her arievance and all H ritten comments and or decisions in writine to his or her Appointing .Authority. The .Appointing Authority shall hear the erievance and N'CE.A10U 11/3/li-06/30/17 Paee 31 _ Resolurion No. 2015-2�3 Page No. 36 give his or her written decision to [he employee within seven (� workine da��s afrer receivine the erievance. Step 4 Grievance to D'uector aud Manager. lf the erievance is not settled at the Appointing Authorip� le��el. it ma�� be submitted by the VdCE Representative within t��enp� (20) workins da��s to the Director of Human Resources, who shall investieate and report his or her findings and recommendations to the City Manager within ten (10) workins days. The Cin� D9anager shaii pro�•ide his or her answer withio ten Q 0) additional workins da}�s. The times indicated may be ea�ended b}�muma] aereement. Am�Emplo��ee erievance will be filed b}�the V10E Representative at Step 4. Follo«�ins the submission of the City Manager's answer, and before going to Section 6, Ad��isory APbitration, matters which are unresolved shall be discussed at a meeting benveen the parties during which all pertinent facts and information ti�ill be reviewed in an effort to resol��e the matter throueh conciliatioo. Section 6. ADVISORY ARBITRATION. An�� dispute or grievance which has not been resolved by the Grie��ance Procedure may be submitted to advisory arbitration by the Association Representative or che Ciry without the consent of the other part}• providing it is submitted ��ithin ten QO) working days, follow�ing its termination in the Grie��ance Procedure. The following Advisory Arbitration proced�res shall be followed: (1) The requesting party wil] notify the other party in writine of the matter to be arbitrated and the MOU provision(s) allegedly violated. VJithin five (�) ti�orking da}�s of the receipt of this notice, che parties may agree upon an arbitrator, or a panel of three arbitrators trained in cooducting grievance hearings. If agreement on an arbitrator cannot be reached, the State Departmeo[ of Industrial Relations shall be requested by either or both parties to provide a list of five azbitrators. Both the Ciry and the WCE shall have the right to strike two names from the list. The party requesting the arbitration shall strike the first name; the other party shall then suike one name. The process �+�ill be repeated and the remainine person shall be the arbitrator. (2) The arbitrator shall hear the case within twenty (20) working days afrer the arbitrator has been selected. The arbitrator shall make rules of procedure. The arbitrator shall make a written report of his or her findings to the A'CE and the City��ithin fifreen (15) �3�orking days after the hearing is concluded. The decisio� of the arbitrator shall be advisory to the City Manager who shall render a final decision within ten Q 0)working days. The arbitrator shall have no authoriry to amend, alter or modify this MOU or its terms and shall limit recommendations solely to the interpretation and application WCE.n40U 1t/3/15-06/30/17 Page 32 Resolution No. 201�-2>3 Pase No. 37 of this A90U. The abo��e time limits of this pro��ision mav be extended b�� mutual aereement. (3) Each erie��ance or dispute «�ill be submitted to a separatel}� convened arbitration proceedine except H�hen the City and R'CE mutuall}�agree to ha��e more than one grie��ance or dispute submitted to the same arbitrator. (4) . The City and the �\'CE shall shaze the eapense of azbitrators and H�imesses and ,_ shatl share equaii.� any otner expenses, indudine those of a stenographec if required by either pam�. If either parn� elects not to follo�3• the ad��ison� decision rendered b}� the arbitrator, that pam shall pa�� the entire cost of the arbitretion process, includine the eapense ofthe azbitrator. ��imesses and/or stenographer. ti'CE.MOU 11/3/15-06/30/17 Paee 33 _ . _ _ Resolution No. 201�-2�3 Page No. 38 Courtney Chase T�'ancy Watson Lead Necotiator Westem Council of Cit}�of Chula Vista Eneineers Dave Kaplan Co-Negotiators: Simon Silva Erin Dempster Scott Hazris Angelica Aguilar Kelley Bacon, Depury Cit��Manager Maria Kachadoorian, Depuh�City Manager Gary Halbert; Cin� Manager City of Chula Vista WCE.MOU I1/3/li-06/30/l7 Paee 34