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HomeMy WebLinkAboutReso 1986-12649 RESOLUTION NO. 12649 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THAT CERTAIN MEMORANDUM OF UNDER- STANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA EMPLOYEES ASSOCIATION FOR FISCAL YEAR 1986-87 The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the Management Negotiation Team representing the City Manager of the City of Chula Vista, acting for and on behalf of the City Council of the City of Chula Vista, have heretofore met and conferred with the Chula Vista Employees Association, an organization representing certain members of classified employees in the City of Chula Vista, in accordance with the provisions of Section 3500 et seq. of the Government Code of the State of California, and WHEREAS, the Memorandum of Understanding jointly prepared by said parties as a result of meeting and conferring in good faith has been presented to the City Council and is contained in Exhibit "A", attached hereto and incorporated herein by reference as if set forth in full. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve and accept said Memo- randum of Understanding as contained in Exhibit "A" for fiscal year 1986-87. ~r~rApproved as to form Dy_~//~'' / · . ' i"T~6m~s J. H~on, /~2~i t y Attor~ 011la ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 5th day of August 19 86 , by the following vote, to-wit: AYES: Councilmembers Cox, Malcolm, Moore, Campbell, McCandliss NAYES: Counci 1 members None ABSTAIN: Counci lmembers None ABSENT: Counci 1 members None Mayort~ityof of Chula Vista ¢/ City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is (3 full, true and correct copy of RESOLUTION NO. 12649 ,and that the same has not been amendedor repealed DATED City Clerk CIIY OF CHUI.A VISTA CC-660 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF CHU LA VISTA AND CHULA VISTA EMPLOYEES ASSOCIATION 1986-87 MEMOPJ~NDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA EMPLOYEES ASSOCIATION FOR FISCAL YEAR 1986-87 1.Ol PREamBLE 1.02 RECOGNITION 1.03 CITY RIGHTS 1.04 CVEA RIGHTS 2.01 WAGES 2.02 SHIFT DIFFERENTIALS 2.03 PROTECTIVE CLOTHING AND TOOL ALLOWANCE 2.04 MILEAGE REIMBURSEMENT 2.05 WORK WEEK 2.06 OVERTIME 2.07 CALL BACK 2.08 STANDBY 2.09 MODIFIED DUTY 2.10 BILINGUAL PAY 2.11 HEALTH AND WELFARE 2.12 RETIREMENT 2.13 HOLIDAYS 2.14 VACATION AND SICK LEAVE 2.15 LEAVE OF ABSENCE 2.16 MILITARY LEAVE 2.17 JURY DUTY 2.18 DEFERRED COMPENSATION 2.19 UNIFORMS 2.20 GRIEVANCE PROCEDURE 2.21 RECORD KEEPING 2,22 NO SMOKING POLICY 2,23 DRIVING ELIGIBILITY POLICY 2,24 SUBSTANCE ABUSE POLICY 3.01 PROHIBITED PRACTICES 3.02 TERM AND EFFECT OF MEMOPJ~NDUM OF UNDERSTANDING 3.03 SAVINGS CLAUSE 1.01 PREAMBLE This Memorandum of Understanding is entered into by the City Manager of the City of Chula Vista, hereinafter referred to as "City," and the Chula Vista Employees Association, hereinafter referred to as "CVEA." 1.02 RECOGNITION The City recognizes CVEA as the exclusive representative for the employees in the City of Chula Vista who are employed in the following classifications: Accountant Account Clerk I Account Clerk II Administrative Aide Administrative Analyst I Administrative Analyst II Administrative Clerk Administrative Secretary Animal Control Officer Aquatic Coordinator Assistant Planner Associate Planner Building/Housing Inspector I Building/Housing Inspector II Business Office Manager Buyer Circulation Supervisor C1 erk I Clerk II Communications Operator Community Development Specialist Community Service Officer Computer Operator Computer Programmer Computer Programmer/Operator Construction Specialist I Construction Specialist II Custodian I Custodian II Data Entry Operator I Data Processing Operator I Data Processing Operator II Electronics Technician Engineering Aide Engineering Technician I Engineering Technician II Engineering Technician III Environmental Review Coordinator Equipment Mechanic I Equipment Mechanic II Equipment Operator -1-- Evidence Technician Fire Inspector Housing Rehabilitation Specialist Junior Accountant Kennel Attendant Landscape Planner Legal Secretary Librarian I Librarian II Library Assistant Library Clerk I Library Clerk II Library Technician Maintenance Gardener I Maintenance Gardener II Maintenance Gardener III Maintenance Worker I Maintenance Worker II Offset Duplicating Operator I Offset Duplicating Operator II Park Maintenance Supervisor I Park Ranger Parking Control Officer Parking Meter Attendant Personnel/Benefits Claims Clerk Plan Checker Technician Planning Technician I .~,~ Planning Technician II ~:ii~!~ Planning Technician III ~ Police Information Systems Specialist Pool Manager Programmer/Analyst Property Clerk Public Works Supervisor I Pump Maintenance Mechanic Recreation Supervisor Revenue and Recovery Officer Risk Analyst Secretary I Secretary II Secretary II (No Shorthand) Senior Account Clerk Senior Animal Control Officer Senior Electronics Technician Senior Equipment Mechanic Senior Lifeguard Senior Maintenance Worker Senior Pump Maintenance Mechanic Senior Recreation Leader Senior Traffic Devices Technician -2- Senior Tree Trimmer Shelving Supervisor Storekeeper Supervising Construction Specialist Supervising Custodian Supervising Evidence Technician Survey Party Chief Traffic Devices Helper Traffic Devices Technician Traffic Painter Transit Specialist Tree Trimmer Word Processing Operator Word Processing Supervisor Youth Counselor Zoning Enforcement Officer 1.03 CITY RIGHTS Nothing contained herein shall be construed to restrict any legal or inherent exclusive City rights with respect to matters of legislative or managerial policy. The exclusive rights of the City shall include, but not be limited to, the right to: Establish, plan for, and direct the work force toward the organizational goals of the City government. Determine the organization, and the merits, necessity, and level of activity or service provided to the public. Determine the City budget. Establish, regulate and administer a merit or civil service system which provides for all types of personnel transactions, including, but not limited to, determining the procedures and standards for the hiring, promotion, transfer, assignment, layoff, retention and classification of positions in accordance with the City Charter, Civil Service Rules, and established personnel practices. Discipline or discharge employees. Determine the methods, means, numbers and kinds of personnel, and the job or position content required to accomplish the objectives and goals of the City. Subcontract out various services currently performed by City work force when such actions will result in cost savings to the City. Effect a reduction in authorized positions. Take actions necessary to carry out the mission of the City in emergencies and in other situations of unusual or temporary circumstances. Continue to exercise efficient and productive management practices consistent with Federal and State laws and in compliance with the City Charter and City ordinances. 1.04 CVEA RIGHTS I. Authorized representatives of the CVEA may be allowed reasonable access to unit employees during working hours for the purpose of consulting regarding the employer-employee relationship, provided that the work operation and service to the public are not impaired and the authorized representatives shall have given advance notice to, and been granted authorization by, the department head or his designated representative when contacting unit employees during the duty period of the employees. The department head or his designee shall determine the appropriate time for such access. II. The Association may be granted use of City facilities by the appropriate appointing authority for meetings composed of unit employees, provided such meetings are held outside regularly scheduled working hours for the group which is meeting, and provided space can be made available without interfering with the City needs. III. A reasonable amount of space shall be provided to the Association on City bulletin boards for legitimate communications with members. Copies of such communications shall be furnished to the City Manager's Office. IV. The City of Chula Vista shall bill CVEA $.10 per member per pay period for the full costs incurred for dues deduction on behalf of CVEA. 2.01 WAGES I. Employees in represented classifications shall receive a 5.0% salary increase retroactive to July 4, 1986. II. The City will pay 7% toward the employee's portion of the PERS contribution. III. Distribution of paychecks shall be done only on regular payd~s except in an emergency, when employees may receive their check on a day other than a regular payday if a memo is directed from the Department Head to the Finance Officer justifying the request. IV. All classifications represented by CVEA may receive a maximum of two weeks vacation pay in advance. Vacation pay in advance will be made on a regular payday provided the employee notifies the Finance Department ten workin9 days prior to the payday on which payment is desired. V. In addition to the increases referred to in I above, and based on several factors including comparison with other agencies, the following classifications shall receive salary adjustments as indicated below beginning July 4, 1986: CLASSIFICATION % OF SPECIAL INCREASE Senior Tree Trimmer 1.9 Computer Programmer 9.7 Communications Operators 2.5 Park Ranger 8.2 Pool Manager lO.O Clerical and Secretarial 2.5 Senior Lifeguard lO.O Engineering Aide 6.5 Risk Analyst 15.79 Building and Housin9 Inspector I/Zoning 1.05 SPECIAL STUDIES A. A special study will be conducted to determine if there are appropriate wage spreads between supervisors and subordinates in the Public Works Department. If adjustments are necessary, they will be implemented the first pay period beginning in July 1987. B. A Special Study will be conducted by City to determine if additional wage increases are justified for the following classifications' Custodian series All clerical/secretarial positions Recreation Supervisor Aquatic Coordinator Human Services Coordinator Public Works Supervisor Traffic Devices Technician Communications Operator In conducting this study, CVEA representatives will assist in the development of criteria for the comparisons, data collection and analysis and recommendations to City Council. Lt. Blackston will be consulted regarding any increases for Communications Operators. Implementation of the results of the study will take place effective the first pay period commencing in January 1987. -5- VI. All other payroll and wage changes, such as merit increases, shall be made effective at the beginning of the regular pay period closest to the date of change. 2.02 SHIFT DIFFERENTIALS I. In addition to their regular salary, unit employees shall receive extra compensation of up to $25.00 per biweekly pay period under the conditions listed below. Under no circumstances shall an employee receive compensation for more than one of these conditions during any one pay period: (A)When scheduled to work a majority of their shift after 5:00 p.m. or before 8:00 a.m. for a majority of a pay period. (B) When regularly scheduled daily work shifts are regularly split b~ two or more consecutive hours for a majority of a pay period. (C)When regularly scheduled shifts result in split weekend shifts which do not allow for two consecutive days off. II. A night shift differential shall not be paid for standby duty. III. Librarians shall not be eligible for any shift differential. 2.03 PROTECTIVE CLOTHING AND TOOL ALLOWANCE I. Protective Clothing Protective clothing will be available for use to all employees where required by the City. II. Tool Allowance Employees in the classifications of Equipment Mechanic I, Equipment Mechanic II, and Senior Equipment Mechanic are eligible to receive reimbursement for initial purchase or replacement of approved tools up to an average of $135 per fiscal year per employee. Reimbursement for such tools shall only be made for tools directly determined to be related to the employee's job responsibilities by the Equipment Maintenance Superintendent. Employees must receive prior approval of the Equipment Maintenance Superintendent before making purchases of tools and equipment deemed necessary. Approval for lists of related tools may be secured in advance to allow employees to make purchases when and if a sale is found or a hard to find tool becomes available. All tools purchased under this provision become the sole property of the employee. Based on this concept, it is possible that one employee may receive $150 and another $120, depending on individual need. 2.04 MILEAGE REIMBURSEMENT Employees in this unit shall be subject to the City's Mileage Reimbursement Program when required to use their private automobile for authorized City business, 26¢ per mile - first 200 miles 24¢ per mile - next 300 miles 22¢ per mile - over 500 miles 2.05 WORK WEEK The work week is a fixed and regular recurring period of 168 consecutive hours- 7 consecutive 24 hour periods. The usual work week in the City of Chula Vista begins at 12:01 a.m. on Friday morning and ends at 12:01 a.m. the following Friday morning. 2.o6 I. Definition - Whenever an employee is ordered to work more than 40 hours in a work week they shall be granted overtime pay at the rate of 1-1/2 times their Fair Labor Standards Act (FLSA) "Regular Rate", or compensatory time off at l-l/2 times the extra hours worked. Such overtime work shall be only at the direction of and first approved by the employee's immediate supervisor. Payment for overtime shall be made during the pay period wherein the overtime was earned. A record of compensatory overtime earned and utilized shall be maintained on the biweekly pay records. Compensatory overtime shall not be accrued to an employee's credit for any time in excess of 40 hours. Reimbursement for overtime with time off or pay will be at the option of the supervisor and the department head based on the employee's request while recognizing the overall departmental staffing requirements. "Time Worked" - Includes all paid hours including sick leave, leaves during which Workers' Compensation is paid, vacation time, holidays or any other time away from the job that is paid. II. Administration of Overtime - All time worked in addition to the work week with the exception of insignificant amounts of "hours worked" will be counted toward the 40 hour work week. Insignificant amounts of hours worked is defined as any time worked outside the regular schedule that is less than 15 minutes in a day, unless definition is changed in Federal Regulations or by court action. III. Meal Break - When employees are required to work over four hours overtime, they shall be granted a 1/2 hour unpaid meal break. -7- 2.O7 CALLBACK Whenever employees are called back to work after they have left their work site and are required to return to work before the scheduled start of the next shift, they will receive a $25 bonus in addition to actual overtime worked. However, the callback bonus will only apply when the employee has not been notified of the callback prior to leaving the worksite. 2.08 STANDBY I. Definition Standby duty is defined as that period of time assigned by the appointing authority in addition to the employee's normal work week during which time the employee must leave word with a designated individual where he or she can be reached in case a callback is necessary. Hours spent on standby will not be considered hours worked. Employees assigned to standby duty are subject to the provisions of Section 2.07. II. Standby pay - Employees on standby shall be compensated at the rate of $50.00 additional pay for each full work week during which they are assigned to standby. 2.09 MODIFIED DUTY When an employee is injured on the job and, according to his/her doctor, is able to return to "light duty," the City will make every effort to place the employee in a modified duty assignment until he/she is released back to full duty. The nature of the assignment will depend on the physical restrictions of the employee as stated by the treating physician and the availability of a modified position in the department which is consistent with the physical restrictions. The acceptance of a modified duty assignment, if available, will be mandatory. 2.10 BILINGUAL PAY Those employees who, upon recommendation of the department head, approval of the Personnel Department and City Manager, and successful completion of a Bilingual Performance Evaluation, are required to continuously use their bilingual skills in the performance of their duties, will receive $25 a month in addition to their regular pay. 2.11 HEALTH AND WELFARE I. Flexible Benefit Plan A. Description of Program Effective July l, 198~ 6, each represented employee will receive $2,330 for FY 1986-8~ to be used for approved employee benefits. -8- Administration of Program 1. From June ll through June 30 of the fiscal year, requests for reimbursement under the City's "Flexible Benefit Plan" will be a~proved for "emergency" expenses only. An emergency is defined as an unforeseen occurrence or combination of circumstances which necessitated in~nediate action. Requests for reimbursements for purchases made by employees after June ll for those items and services rendered which are not of a routine nature, will be reviewed on an individual basis by the Benefits Claims Clerk and Director of Personnel to determine if an emergency existed. Upon approval of emergency requests, reimbursements will be granted. Examples: 1. Emergency medical expenses not covered by insurance for an illness that requires the services of a doctor, clinic, or hospital including auxiliary services {emergency transportation, lab tests, prescriptions and so forth) will be covered. Note: medical expenses incurred as a result of accident are covered 100% by both insurance plans and therefore not reimbursable through the 2. Emergency Vision Expenses-Repair of broken eyeglasses or replacement of lost contact lenses will be approved. {Not: routine eye exam, spare glasses, etc.). 3. Emergency Dental Expenses-Reimbursements for expenses associated with toothaches, broken teeth, impacted wisdom teeth, root canals, etc. will be covered. (Not: routine dental work done as a result of an exam done after June 1.) 4. Non-medical items considered routine and not covered include: conference expenses, books, memberships, subscriptions, extra insurance (except authorized payroll deductions). 2. Reimbursements shall be for a minimum of $15 except immediately prior to the end of the fiscal year. -9- Content of Program - The Flexible Benefit Plan will consist of one mandatory selection and additional optional selections. 1. Mandatory Selection Hospital, Medical and Life Benefits (Employee) Each represented employee must select one of the medical plans offered by the City for health protection. Employee coverage includes a $10,000 group term life policy. 2. Optional Selections a. Hospital/Medical Care Benefits (Dependents) A represented employee may select dependent coverage under the approved health plans. b. Reimbursable Programs A represented employee may elect to receive reimbursement for the following expenditures with any balance left after the purchase of health insurance for the employee and/or the employee and dependents. The descriptions below are general in nature. Specific rules for allowable reimbursements will be based on applicable Internal Revenue Code (IRC) sections. (1) Vision, Dental and Medical Each represented employee may apply any remaining portion (after mandatory costs are paid) to vision~ dental and medical costs on a reimbursement basis. Employees remain free to be attended by professional eye, dental personnel, or pharmacy of their own choosing. (2) Educational Assistance Employees may select to receive reimbursement for expenses incurred for education directly related to career development. Allowable expenses include tuition, fees, and similar payments, books, supplies, and equipment. Expenses not allowed for reimbursement include tools or supplies which are retained by an employee after completion of a course of instruction, or meals, lodging, or transportation. Employees must obtain approval of the department head and the Director of Personnel prior to enrollment in the desired course. -10- To receive funds in advance, employees must read and sign the Advance Funds Request Form available in the Personnel Department. (3) Physical Exam Employees may select to receive reimbursement for a voluntary physical exam from the physician of their ~ch°ice' a~n~~ ~~ b~.) (4) Supplemental Life Insurance Each represented employee may pu~hase additional group life insurance (in accordance with IRC §79) in addition to the $10,000 group term life insurance provided by the City under ~l above. (5) Miscellaneous Categories Employees may elect to apply any remaining portion (after mandatory costs are paid) towards deductible and out-of-pocket health plan costs. (6) Child Care Employees may receive reimbursement for child care expenses incurred in order to allow the employee to work for the City. II. Additional Benefits A. Long-Term Disability The City agrees to contribute the amount necessary to provide long-term disability protection for each employee represented by CVEA in accordance with the following: The plan will include a thirty (30) day waiting period, a maximum benefit of 60% of salary up to $2,500/month, and is subject to the provisions of existing applicable insurance and retirement plans. B. Employees will be eligible to deposit a maximum of 20% of the beginning flex plan balance into the deferred compensation plan if the employee matches the deposit with a like contribution from his/her paycheck. The allowability of this provision is conditioned on approval by the IRS. If it is disallowed by the IRS, the parties will reopen this portion of the contract to discuss this issue. -ll- C. Professional Enrichment - A special fund of $t2,300 will be established for use by represented employees. From this.pool employees may request reimbursement for expenses associated with professional development such as seminars, books, professionally related dues, travel or lodging, etc. Such expenses must be related to the employees' professional or technical growth. The purpose of this special fund is to reimburse employees for those types of expenses that are not eligible for reimbursement under Educational Assistance. Employees must receive approval from his/her department head and Director of Personnel before funds may be claimed for reimbursement per employee is $350. All funds will be paid out on a first come, first served basis. Funds paid to the employee from the Professional Enrichment special fund are reportable as part of gross income to the employee. 2.12 RETIREMENT The City shall continue to contract for the 2% at 60 retirement for miscellaneous employees as provided for under the Public Employees Retirement System. The PERS 1959 Survivors Benefit employee premium cost of $2.00 per month will be paid by the City. All additional costs of employee retirement contributions mandated by the courts and/or ordered by PERS because of court decisions during the life of this contract will be shared equally by the City and the employees. 2.13 HOLIDAYS I. Hard or Fixed Holidays for employees who work the traditional Monday through Friday work week will be celebrated on the day that City offices are closed. For 1986-87 the Holiday schedule is as follows: CITY OFFICES CLOSED Independence Day 07/04/86 Labor Day 09/01/86 Thanksgiving Day 11/27/86 Days after Thanksgiving 11/28/86 Christmas 12/25/86 New Year's Day 01/01/87 Memorial Day 05/25/87 -12- II. Library Holiday Schedule (Includes represented Library employees who do not work the traditional Monday-Friday work week) - During the term of this agreement, the Library will be closed on the following holidays: LIBRARY CLOSED Independence Day 07/04/86 Labor Day 09/01/86 Thanksgiving Day 11/27/86 Day after Thanksgiving 11/28/86 Christmas Eve - close at 3:00 p.m. on 12/24/86 Christmas 12/25/86 New Year's Eve - close at 5:00 p.m. on 12/31/86 New Year's Day 01/01/87 Easter Sunday Memorial Day 05/25/87 III. Holiday Pay (A) Full time employees shall receive eight (8) hours pay at their regular hourly rate for each fixed holiday. (B) For employees who work the traditional Monday through Friday work week, overtime will be paid if the employee works on the day City offices are closed to celebrate a fixed holida~v. IV. Floating Holidays (A) Amount Effective the first pay period in July 1986, employees shall be credited with eight (8) hours floating holiday time each for Lincoln's Birthday, Washington's Birthday, Admission Day, and Veteran's Day. Employees may take floating holiday time at their discretion, subject to staffing needs and with the approval of their department head. (B) Floating Holiday Use - Employees using floating holiday time before the holiday passes and subsequently leaving City service will be charged for such time. Employees who do not use their floating holiday time before June 30 of the fiscal year will lose such time. The smallest unit of time chargeable to floating holiday time is one half hour. 2.14 VACATION AND SICK LEAVE I. Definition For the purpose of this section, the following definitions shall apply: (A) "Continuous Service" means City service uninterrupted by separation. -13- (B) "Intermittent Service" means City service interrupted by separation. (C) "Time worked" includes all paid time. (D) "Active service" includes time worked, leave of absence without pay not to exceed 14 calendar days, and leave of absence not to exceed one year for which Workers Compensation is paid. II. Vacation (A) Vacation Accrual - Continuous service: Each employee paid at a biweekly rate who has had continuous full-time active service throughout the year previous to that in which the vacation is requested shall be entitled to an annual vacation with pay. The following provisions shall apply: (1) Employees will accrue 10 working days during the first year of service. This benefit will be accumulated at the rate of 3.07 working hours for each full biweekly pay period of service performed. Eligibility to apply for accrued vacation will be effective on the employee's six month anniversary date. (2) Employees will accrue and be eligible to receive 10 working days annually (cumulative to a total leave balance of 20 working days) during the second through fourth year of service. This benefit will be accumulated at the rate of 3.07 working hours for each full biweekly pay period of service performed. (3) Employees will accrue and be eligible to receive 15 working days annually (cumulative to a total leave balance of 30 working days) during the fifth through fifteenth year of service. The benefits will be accumulated at the rate of 4.60 working hours for each full biweekly pay period of service performed. (4) Employees will accrue and be eligible to receive 20 working days annually (cumulative to a total leave balance of 40 working days) during the sixteenth and succeeding years of service. This benefit will be accumulated at the rate of 6.14 working hours for each full biweekly pay period of service performed. Maximum Vacation Accrual At no time may an employee have more than two years of vacation leave accumulated. No credits shall be accrued above this limit and any time in excess of the two-year limitation will be lost. (5) Vacation accrual rate changes will become effective at the beginning of the pay period closest to the actual date of change. (B) Each part time employee paid at a biweekly rate shall be en%itled to vacation with pay. The number of working days of such vacation shall be computed on the basis set forth in subsection (2), (3), or (4) and shall be in the proportion that such part-time employment bears to full-time employment. (C) Employees separated from the City service, whether voluntarily or involuntarily, shall be granted all of the unused vacation to which they are entitled based upon continuous service computed on the basis set forth in subsectiQns (2), (3), and (4). Where the total allowance ends with a fraction of a day, the vacation shall be computed to the nearest whole day, one-half day being computed to the next whole day. (D) Vacation Use - Vacation leave balances shall be reduced for actual time not worked to the nearest quarter hour for reasons allowable under this section. Absence may not be charged to vacation not already accumulated. III. Sick Leave (A) Accumulated paid sick leave credit is to be used for the sole . · purpose of protecting the employee's wages in the event absence is made necessary because of disability due to injury or illness of the employee or members of his/her immediate family. (B) Sick Leave Accrual Computation of sick leave: Sick leave with pay is cumulative at the rate of 3.68 working hours for each biweekly pay period of service, 96 hours annually, beginning at the time of full-time probationary employment. A person who has held a position with temporary or interim status and is appointed to a position with probationary status, without a break in service, may have such time credited to sick leave upon the recommendation of the department head and Director of Personnel 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 leave balances shall be reduced for actual time not worked to the nearest quarter hour for reasons allowable under this section. Absence for illness may not be charged to sick leave not already accumulated. In order for sick leave to be approved, the employee must call his or her supervisor within one hour of the time to begin work. If the supervisor is unavailable, the employee must leave word with a designated individual that he or she is too sick to come to work or has a contagious condition that would make his or her presence at the worksite dangerous for other employees. In cases where it is impossible to call (e.g., in hospital, unconscious, or other legitimate reasons) the supervisor shall withhold approval of sick leave until the employee can explain why he/she did not call within the one hour. The supervisor will then make a determination as to the allowability of sick leave use. Sick Leave Verification The City may, in its discretion, require a doctor's certificate and/or a personal sworn affidavit verifying the nature, severity and cause of the disabling injury or illness of the employee in order to determine eligibility for sick leave. If an employee is to be required to furnish a doctor's certificate, the employee shall be notified by his/her supervisor that a doctor's certificate shall be required when the employee notifies the City that he/she will be absent by reason of illness or disability. Sick leave verification may be requested at any time it appears there is a pattern or practice of sick leave use that could be related to abuse, regardless of whether or not the individual has a sick leave balance on the books. Exhaustion of sick leave balances does not automatically trigger the verification requirement. When verification is required, the employee must show immediate improvement. Sick leave will then be monitored for a period of six months. If at any time during that period there is any abuse of sick leave, the employee will be subject to disciplinary action up to and including termination. Bereavement Leave - When an employee with permanent status is compelled to be absent from work because of the death of an immediate family member, an in~nediate family member of the employee's spouse, or any other person defined by the Internal Revenue Service as a dependent, and after such employee makes written request and receives written approval from the department head, such employee may be allowed the privilege to be absent from work with full pay up to three (3) days, plus reasonable travel time. Travel time will be actual time used not to exceed five (5) calendar days. Paid leave of absence for family death shall be charged to sick leave. -16- (G) Sick Leave Reimbursement {1) Employees using four (4) days of sick leave, or less, during the fiscal year, shall have the option of converting twenty-five percent (25%) of their remaining yearly sick leave to pay. (2) Pay shall be computed based on the following schedule and all shall be rounded to the nearest computations whole hour: REMAINING YEARLY SICK LEAVE PAY OPTION (25%) 12 days 3 days ll days 2 days, 6 hrs. 10 days 2 days, 4 hrs. 9 days 2 days, 2 hrs. 8 days 2 days 7 days or less 0 (3) If the pay option is selected, the paid sick leave hours shall be subtracted from the employee's accumulated yearly sick leave balance. The remaining sick leave hours shall be carried over and accumulated. (Example: Employee uses 4 days sick leave. He/she then elects to receive pay for 25% of remaining days payment, or 2 days. The 2 days are subtracted from his/her remaining yearly sick leave and the other 6 days are added to the employee's accumulated sick leave balance.) (4) Payment will be made during the month of July of each year. Pay will be computed based on the employee's salary step on June 30. (5) Payment will be made only to employees on the payroll twelve consecutive months prior to the payoff calculation. Permanent employees who retire during the fiscal year will be compensated under this plan based upon their formal retirement date. Prorated payments will not be made to an employee who terminates during the fiscal year. However, in the event of the death of an individual while employed by the City, 50% of the employee's unused, accumulated sick leave will be paid to the appropriate beneficiary. 2.15 LEAVE OF ABSENCE An employee who is mentally or physically incapacitated to perform his/her duties, or who desire to engage in a course of study that will, in the judgment of the City, increase his/her usefulness on his/her return to the classified service or who, for any reason considered to be in the best interest of the City government by the appointing authority and the Director of Personnel, desires to secure leave from his/her regular duties may, on written request, subject to the recommendation of the Department Head and the Director of Personnel, and with the approval of the City Manager, be granted leave of absence without pay or benefits for a period not to exceed one year. An employee asking for leave of absence without pay shall submit his/her request in writing stating the reasons why, in his/her opinion, the request should be granted, the date when he/she desires the leave to begin, and the probable date of his/her return. For each leave without pay, the Director of Personnel shall determine whether the employee granted such leave shall be entitled to his/her former position on his/her return from such leave or whether his/her name shall be placed on the reinstatement list for the class as provided for in the Civil Service rules. If a request for leave is denied, a copy of such request and the reasons for denial shall be sent to the Civil Service Commission. Any employee on a leave of absence on the basis of a request, or a suspension for disciplinary reasons, must pay his/her own health premium in addition to that of his/her dependents, if any. 2.16 MILITARY LEAVE Military leave shall be granted in accordance with the provisions of applicable State and Federal laws (California Military and Veteran's Code.) 2.17 JURY DUTY Jury service or examination leave may be allowed for all full-time probationary or permanent status employees who are required by Court Order to attend Court as a prospective juror or serve as a juror, upon immediate presentation of written proof of the exact period of their required attendance or service to the department head and the Director of Personnel. Employees shall receive full pay during the period of such leave provided the money, except mileage or subsistence allowance, which they receive as a juror is deposited with the Director of Finance for credit to the proper fund. 2.18 DEFERRED COMPENSATION CVEA members shall be eligible to participate in the City's approved deferred compensation plans offered by the City. 2.19 UNIFORMS (A) The following classifications will wear uniforms supplied and maintained by the City. Three uniform changes will be made available to each employee each week; however, Equipment Mechanics will receive five changes per week. Employees will be held responsible for the loss or misplacement of said uniforms. In the event of uniform loss, the employee will be required to reimburse the City for the uniform's replacement unless employee can show non-negligence on employee's part. -18- Construction Specialist I Construction Specialist II Custodian I Custodian II Electronics Technician Equipment Mechanic I Equipment Mechanic II Equipment Operator Maintenance Gardener I Maintenance Gardener II Maintenance Gardener III Maintenance Worker I Maintenance Worker II Park Maintenance Supervisor I Parking Meter Attendant Public Works Supervisor I Pump Maintenance Mechanic Senior Electronics Technician Senior Equipment Mechanic Senior Pump Maintenance Mechanic Senior Traffic Devices Technician Senior Tree Trimmer Storekeeper Supervising Construction Specialist Supervision Custodian Traffic Devices Technician Traffic Painter Tree Trimmer (B) Animal Control Officer, Park Ranger and Parking Control Officers Uniforms The City will reimburse employees in these classes for uniform purchases. Authorization for reimbursement must be received from the Director of Public Safety or appropriate department head. 2.20 GRIEVANCE PROCEDURE A grievance procedure is available for complaint resolution. See your supervisor or the Personnel Department for a copy. 2.21 RECORD KEEPING Pursuant to Fair Labor Standards Act's requirements the City will implement changed record keeping procedures; which may include but may not be limited to changes in time sheets, work week designations on paychecks and time records, payroll records, and a requirement that employees sign time records. 2.22 SMOKING POLICY (See attached Smoking Policy.) -19- 2.23 DRIVING ELIGIBILITY POLICY Whenever an employee drives a vehicle for City business he or she shall have a valid California Drivers License. In order to ascertain the validity of the employee's licenses, employees must present their drivers license to their supervisor at the time of their annual performance evaluation. At that time a check with the Department of Motor Vehicles will be conducted to determine if the license is valid. Between performance evaluations, if an employee's drivers license is revoked, suspended or otherwise made invalid, the employee must inform his or her supervisor. Failure to notify the supervisor may result in immediate disciplinary action. An employee who does not possess a valid California Drivers License will be considered for a non-driving position, if one is available. The non-driving assignment will continue for a maximum of six months if there is a reasonable expectation the employee will have a valid California Drivers License at the expiration of that time. Extensions to the six month limit will be considered on a case-by-case basis, however, in no case shall an employee receive more than one non-driving assignment in any three-year period. When no non-driving assignment is available, employees must request a leave of absence without pay for six months or such time as their license is once again valid, whichever is shorter. In order to assure that non-driving assignments are provided on a fair and equitable basis, the following procedures shall be observed: 1. Each department will determine whether or not it has any non-driving assignments that can be filled by employees who would otherwise have driving assignments. 2. Non-driving assignments will be given on a first come, first served basis. For example, if two employees in a department have non-valid drivers licenses and there is only one non-driving assignment, the first employee who comes forward will be given the non-driving assignment. The other employee may apply for a leave of absence as described above. 2.24 SUBSTANCE ABUSE POLICY It is the policy of the City of Chula Vista that no employee shall be under the influence of drugs or alcohol while on the job. In addition, no employee shall have at the work site, including all City facilities, any alcohol, illegal substance, or legal drugs for which he or she does not have a prescription. When employees show behaviors that could be associated with the use of proscribed chemical substances the City may require that the employee undertake a test to determine if he or she is under the influence of any proscribed chemical. Examples of such behaviors* include: Impaired speaking ability (slurred or thick speech). Inability to perform work properly. -20- Behavior is creating a safety hazard. Problems walking or other physical activity impairment. Presence of an odor of an alcoholic beverage on breath. Eyes appear "glassy" or blank stare. * It is recognized that some medical problems may have similar symptoms as those identified above. The use of, being under the influence of, or being in possession of drugs or alcohol by the employee on the job will be grounds for discipline. 3.01 PROHIBITED PRACTICES I. CVEA pledges it shall not cause, condone or counsel its unit members or any of them to strike, fail to fully and faithfully perform duties, slow down, disrupt, impede or otherwise impair the normal functions and procedures of the City. II. Should any unit employees during the term of this Memorandum of Understanding breach the obligations of Paragraph I, the City Manager or his designee shall immediately notify CVEA that an alleged prohibited action is in progress. III. CVEA shall forthwith, and in any event, within eight working hours disavow said strike or other alleged prohibited action, shall advise such members orally and in writing to immediately return to work and/or cease the prohibited activity and provide the City Manager with a copy of its advisement or, alternatively, accept the responsibility for the strike or other prohibited activity. IV. If CVEA disavows the prohibited activity and takes all positive actions hereunder in good faith, the City shall not hold CVEA financially or otherwise responsible. The City may impose such penalties or sanctions as the City may appropriately assess against the participants. V. Should CVEA during the term of this Memorandum of Understanding breach its obligations or any of them under this section, it is agreed that the City shall pursue all legal and administrative remedies available to the City that in its discretion it may elect to pursue. VI. There shall be no lockout by the City during the term of this Memorandum of Understanding. -21 - 3.02 TERM AND EFFECT OF MEMORANDUM OF UNDERSTANDING I. This Memorandum of Understanding shall remain in full force and effect from July l, 1986, up to and including 12:00 midnight of June 30, 1987. This agreement shall continue in effect year by year unless one of the parties notifies the other in writing no later than March l, 1987, of its desire to con,hence negotiations on provisions of this agreement. Said notification shall include written proposals for such amended agreement and, upon receipt of such written notice and proposals, the City shall begin negotiations no later than thirty days prior to the expiration of this agreement. II. This MOU fully and completely incorporates the understandings of the parties hereto for the full term of this agreement, constituting the sole and entire understanding between the parties. All previous terms, conditions and understandings and past practices are hereby specifically repealed and rejected unless explicitly set forth herein. It is further understood, however, that nothing herein prohibits the parties from changing and amending the terms of this MOU during the period of its effectiveness by further consultations or meet and confer sessions by mutual agreement. For example, matters subject to Meyers-Milias-Brown which are not covered in the MOU, may be acted upon by the City unilaterally after meeting and conferring with affected employee groups. Nothing contained herein shall affect rights and privileges of parties as established by the laws of the State of California, as contained in the Government Code of the State of California under those provisions known as the Meyers-Milias-Brown Act, unless specifically referred to herein. III.The provisions of this Memorandum of Understanding shall be subject to Federal, State and local law. IV. If at any time during the term of this agreement, through causes beyond the control of the City, the City does not receive substantial sums of anticipated budgeted revenues or is required to make unanticipated expenditures by reason of governmental or Court action, then, in such event, the City reserves the right, with mutual agreement of CVEA, to reopen this Memorandum of Understanding and to meet and confer on all existing or new employment benefits provided herein. This section, however, in no way affects the existing right of the City to lay off employees. 3.03 SAVINGS CLAUSE If any article or section of this Memorandum of Understanding shall be held invalid by operation of law or by any tribunal or competent jurisdiction or if compliance with or enforcement of any article or section shall be restrained by such tribunal, the remainder of this agreement shall not be affected thereby. The parties shall if possible meet and confer or meet and consult as the case may be for the purpose of arrivin§ at a mutually satisfactory Si~J~ Ann ThOi'sefr-~ ~ Wylet~uo~f ~' Dirbc~r of P~rsonnel Genial MaXnage)K Chief ~ator San~~tion City of Chula Vista S61 Allen Chief Negotiator Chula Vista Employees Association JSal Cuellar President Chula Vista Employees Association WPC ll30A -23- 8/22/1986 CITY OF CHULA VISTA & CVEA AGREE: Clerical and Secretarial classes eligible to receive the 2.5% additional com- pensation are: Account Clerk I Account Clerk II Administrative Clerk Administrative Secretary Clerk I Clerk II Data Entry Operator I Data Entry Operator II Data Processing Operator I Data Processing Operator II Legal Secretary Library Clerk I Library Clerk II Personnel Benefits Claims Clerk Police Information Systems Specialist Secretary I Secretary II Secretary II/NSH Senior Account Clerk Word Processing Operator Word Processing Supervisor