HomeMy WebLinkAboutReso 1985-12179 RESOLUTION NO. 12179
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 CHAPTER, WESTERN COUNCIL OF ENGINEERS FOR
FISCAL YEAR 1985-86
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 Chapter,
Western Council of Engineers, 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 "Aw, 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 WA" for fiscal
year 1985-86.
Presented by Approved as to form by
E. R. Asmus, Assistant City ( T~omas J./~ , City
Manager ~/Attorney ~ /
0110a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY
CHULA VISTA, CALIFORNIA, this 24th day of. September
19 . 85 , by the following vote, to-wit:
AYES: Councilmembers COX, Moore, Scott, McCandliss
NAYES: Councilmembers , None
ABSTAIN: Counci lmembers None
ABSENT: Councilmembers Malcolm
City 'Ctef~' ~
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 o full, true and correct copy of
RESOLUTION NO. 12179
,and that the same has not been amended or repealed.
DATED
(seal) City Clerk
]C-660
MEMOR~NpUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF
EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA CHAPTER,
WESTERN COUNCIL OF ENGINEERS FOR FISCAL YEAR 1985-86
1.O1 PREAMBLE
1.02 RECOGNITION
1.03 CITY RIGHTS
1.04 W.C.E. RIGHTS
2.01 WAGES
2.02 OUT OF CLASS ASSIGNMENT
2.03 EXTRAORDINARY SERVICE
2.04 DEFERRED COMPENSATION
2.05 MILEAGE REIMBURSEMENT
2.06 WORKWEEK
2.07 OVERTIME
2.08 BILINGUAL PAY
2.09 EMPLOYEE BENEFITS
2.10 RETIREMENT
2.11 HOLIDAYS
2.12 VACATION AND SICK LEAVE
2.13 LEAVE OF ABSENCE
2.14 MILITARY LEAVE
2.15 JURY DUTY
2.16 CAREER ADVANCEMENT
2.17 LABOR MANAGEMENT COOPERATION
3.01 PROHIBITED PRACTICES
3.02 TERM AND EFFECT OF M.O.U.
3.03 AID TO CONSTRUCTION OF M.O.U.
3.04 SAVINGS CLAUSE
1.01 PREAMBLE
This MOU is entered into by the City of Chula Vista, hereinafter referred to
as the "City," and the Chula Vista Chapter, Western Council of Engineers,
hereinafter referred to as the "WCE."
1.02 RECOGNITION
The City recognizes the WCE as exclusive representative for the employees in
the City of Chula Vista that are employed in the following classifications:
Associate Traffic Engineer
Associate Civil Engineer
Assistant Civil Engineer
Junior Civil Engineer
Plan Checker II
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:
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 hi ring,
promotion, transfer, assignment, l~off, 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 whether currently performed by City
workforce or not, When no eliminations of current employees will result
and management determines it is in the public interest.
Effect a reduction in authorized positions.
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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.
Exercise of City rights shall not breach WCE's right to meet and consult in
those areas legally required when consequences of contemplated action may
affect employees' wages and working conditions.
1.04 WCE RIGHTS
WCE employees shall have the right to:
I. Be provided a reasonable amount of space on relevant City bulletin
boards for legitimate communications with members.
II. Be granted use of City facilities by the appropriate authority for
meetings composed of WCE members, 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 City needs. WCE agrees to provide proper advance
notice of such meetings and pay any contingent costs of security,
supervision, damage and clean-up.
III. Have their chief negotiator provided without charge a copy of the
FY 85-86 Memorandum of Understanding.
IV. Be allowed reasonable access to employees of the unit at their
work locations during working hours for the purpose of consulting
with employees in the unit regarding the employer-employee
relationship, provided that {1) the work of the employee and the
service of the public are not unduly impaired, and (2) the
authorized representative shall have given advance notice to the
department head or his designated representative when contacting
departmental employees during the duty period of the employees.
The department head shall determine the appropriate time for such
access,
V. Designate two (2) employees plus alternates who 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 loss of compensation when meeting with management
representatives on matters pertaining to an allowable grievance
item.
VI. Be provided, upon request, such literature and public documents as
may be necessary (i.e., City budget, Workers Compensation
benefits). A reasonable duplication charge may be made for items
not normally available for wide distribution.
VII. The City of Chula Vista shall bill WCE $.18 per member per pay
period for the full costs incurred for dues deduction on behalf of
WCE.
2.01 WAGES
I. Effective the payroll period commencing July 5, 1985, the sala~
range for each represented classification shall be increased by 5
percent (5%).
The pay range of each classification shall be as listed in the
"Salary Plan" attached hereto and made a part hereof.
II. Effective the first payroll period commencing July 1985 (July 5,
1985), the City shall pay seven percent (7%) of the employee's
contribution to PERS for classifications represented by WCE.
Assistant Civil Engineer may receive five (5) percent additional
compensation for possession of a certificate of registration as a
professional civil engineer in the State of California.
III. 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.
IV. Distribution of paychecks shall be done only on regular paydays
except in an emergency, when employees may receive their check on
a da~v other than a regular payday if a memo is directed from the
Department Head to the Finance Officer justifying the request.
V. All classifications represented by WCE 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 working days prior to the payday on which
payment is desired.
2.02 OUT OF CLASS ASSIGNMENT
In the absence of an eligible list, and upon the recommendation of the
Department Head and the Director of Personnel, and with approval of the City
Manager, a unit member may be temporarily appointed to a vacant position if he
or she meets the desirable qualifications. The vacancy could be as a result
of a resignation, retirement, extended leave, extended vacation, or extended
illness. He or she shall receive a minimum compensation equal to 5% over
their current salary, or Step A of the new salary range, whichever is higher.
The effective date of such increase will be the eleventh working day of the
temporary appointment. Employees so appointed will maintain their status in
their regular position and receive earned salary increases if they otherwise
would be eligible.
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This provision does not apply if a unit member is given an acting appointmbnt
to a position not represented by WCE. However, in the event a WCE member was
temporarily appointed to a middle management position, City policy concerning
middle management would apply.
2.03 EXTRAORDINARY SERVICE
The City will offer a differential bonus of $250, $300, $400, $500 or $600 to
those E Step employees who qualify. Individual employees who believe that
they are eligible under I below for extraordinary service p~ shall initiate a
formal memorandum to their division head stating their belief of eligibility,
outlining the facts that make them eligible, and indicating the amount of
extraordinary service pay that they believe is appropriate. The division head
will review this memorandum and forward it with recommendation to the
department head not later than ten (10) working days after receipt of the
memorandum. The department head will make a final recommendation (within
fifteen [15] working days) subject to the approval of the City Manager. The
extraordina~ service pay shall be a one-time payment. WCE members may not
apply for extraordinary service pay more often than once in any three-month
period. Criteria for eligibility are as follows:
I. Eligibility shall be determined by one or more of the following
criteria:
A. The represented employee has performed outstanding work at
their current job classification level such as {but not limited
to):
(1) Volume and/or quality of work produced greatly exceeds normal
standards.
(2) Completion of work resulting in tangible and significant cost
savings.
B. The represented employee has completed or is currently
working on an assignment which calls for a substantial degree of
greater responsibility and/or professional expertise than their
current job classification requires and they are not eligible or
receiving out of class compensation.
C. The employee has developed an innovative program that will
provide substantial overall benefit or cost savings to the
department or City.
II. Implementation Procedures:
A. When a department head determines that an employee is
eligible to receive a differential bonus, it shall be their
responsibility to recommend the amount of the differential and to
forward their recommendation to the City Manager.
B. Differential salary bonuses shall be made the first pay
period after City Manager approval and will be paid as a separate
check and not added to normal pay.
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III. Limitation - The total amount available for differential salary
bonuses for extraordinary service compensation shall not exceed
2.0% of the gross salaries of all engineers covered by the
Memorandum of Understanding.
2.04 DEFERRED COMPENSATION
WCE members shall be eligible to participate in the City's approved Deferred
Compensation Plan administered by Great Western Savings.
WCE members have the option of placing a total of 7% of base salary into a
"deferred compensation" plan which is based upon the employee contribution to
the Public Employees' Retirement System. Employees in this unit are advised
that there may be a question as to the practicability of such a plan and they
could, as a result of an adverse I.R.S. or judicial ruling, be ineligible for
such a plan or it may later be determined by I.R.S. that such contributions
are ordinary income and subject to taxation as such.
2.05 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
2.06 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.
2.07 OVERTIME
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 l-l/2 times their Fair Labor Standards Act {FLSA) "Regular
Rate." Such overtime work shall be only at the direction of and
first approved by the employee's immediate supervisor.
Compensato~ time off will be awarded only during the same work
week in which an employee works beyond their normal schedule and
at straight time. Granting time off at straight time within the
work week is at the option of the supervisor, if comp time is
requested by the employee.
"Time Worked" - Includes actual time worked. Time worked does not
include paid sick leave, leave of absence without pay, leaves
during which Workers' Compensation is paid, vacation time, or any
other time away from the job that is paid or unpaid.
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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. FLSA Modifications/Exemption of Municipalities WCE and City
agree that in the event that during the term of this 1985-86 MOU
the Fair Labor Standards Act is amended/modified from its present
fom/language, those modifications/amendments will be the subject
of further negotiations if requested by either party. If the Act
(FLSA) is modified or amended to exempt municipalities from its
provisions, the overtime provisions contained in the 1984-85
agreement between the City and WCE shall be substituted for the
overtime provisions contained herein.
2.08 BILINGUAL PAY
WCE members who upon recon~endation 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.
2.09 EMPLOYEE BENEFITS
I. Cafeteria Style Benefit Plan
A. Description of Program - Effective July 1, 1985, each
represented member will receive $2,500 during FY 1985-86 to be
used for employee benefits. With a cafeteria system, employees
select or "purchase" benefits from a group of available optional
programs. Each benefit has a dollar cost and employees purchase
the desired benefits until the allocated benefit allowance
($2,500) has been expended. Selections for health insurance will
be made once per year. If the desired benefit options are
selected, and the employee has not utilized the entire benefit
allowance ($2,500), there will be no cash payout of the remaining
allowance; provided, however, if a cash payout provision or option
is allowed or granted by the City Council to any group (bargaining
unit), department heads, or employees of the City, said identical
payout option/provision shall apply to WCE members during the
1985-86 fiscal year.
B. Content of Program - The Cafeteria Benefit Plan will consist
of one mandatory selection and additional optional selections,
subject to the limitations in I.
1 Mandatory Selection - ? I / ~
Hospital, Medical and Life Benefits (Employee)
Each represented employee must select one of the two medical plans
(designated Travelers Compr-6e-h-ensive Medical Expense Benefit Plan
or the approved Kaiser Plan) offered by the City for health
protection. Employee coverage includes a $3,000 group term life
policy.
2. Optional Selections (Subject to Limitations in I) -
a. Hospital/Medical Care Benefits (Dependents)
Each represented em?loyee may select either the designated
Travelers Comprehensive Medic~ Expense Benefit Plan or the
approved Kaiser Plan to provide dependents' medical insurance
coverage. The City will contribute an equal dollar amount of the
Travelers Plan toward the cost of the Kaiser Plan, with the
employee paying the excess.
b. Supplemental Life Insurance
~ach represented employee may purchase additional g?up life
~nsurance in addition to th-~--$3,000 group term life ~nsurance
provided by the City under #1 above.
c. Reimbursable Programs
A represented employee maN select to receive reimbursement for the
following expenditures. The reimbursements, however, will be
calculated as a portion of the $2,500 total allocation.
(1) Vision and Dental
Each represented employe~ may apply .any remaining portion (after
mandatory costs are pa~d) to vis~on and dental costs on a
reimbursement basis. Employees remain free to be attended by
professional eye or dental personnel of their own choosing.
(2) Tuition Reimbursement
Employees may select to receive reimbursement for professional or
technical courses directly related to career development.
Employees must obtain approval of the department head and the
Director of Personnel prior to enrollment in the desired course.
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(3) Professional Enrichment
Employees may select to receive reimbursement for professional and
technical activities (including cost of seminars, conferences,
professional related dues, job related books, etc.) that will
contribute to the employees' professional growth. Employees must
receive prior authorization and approval of their department head
and the Director of Personnel prior to expenditure of funds to be
claimed for reimbursement.
(4) Physical Exam
Employees may select to receive reimbursement for a voluntary
physical exam from the physician of their choice.
(5) Miscellaneous Categories
Employees may elect to apply any remaining portion (after
mandatory costs are paid) towards the $100 Travelers deductible
costs and the 20% uncovered Travelers costs, City-approved
professional membership dues and any additional Kaiser costs above
those provided for the Travelers Plan.
(6) Employees may select reimbursement for any cafeteria style
benefit plan options available to middle management.
II. Additional Benefit
A. Long-Term Disability
The City will contribute up to nine-tenths percent (.9%) of
employee base salary for an approved Standard Long-Term Disability
P1 an.
III. Market Basket Administration
From June ll through June 30 of the fiscal year, requests for
reimbursement under the City's "Cafeteria Plan" will be approved
for "emergency" expenses only. An emergency is defined as an
unforeseen occurrence or combination of circumstances which
necessitated immediate 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 Claim Clerk and
Director of Personnel to determine if an emergency existed. Upon
approval of emergency requests, reimbursements will be granted.
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1. £mergency 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 lO0~
by both insurance plans and therefore not reimbursable through the
"Cafeteria Plan."
2. Emergency Vi sion 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).
IV. Cafeteria Plan Potential Modifications
WCE and City acknowledges that revised Federal rules and
regulations are being promulgated as those rules may pertain to
cafeteria plans. Therefore, it is agreed that the "optional
selections" shown in 2a and 2b and "reimbursable programs'/ shown
in 2c (1), (2), (3), (4), (5) and (6) will remain eligible
benefits only if they are in compliance with Federal law. If
under revised Federal regulations new or expanded benefits are
available, City may, at its sole discretion, allow and include
said new/extended benefits to represented employees of WCE during
1985-86.
V. Reimbursements shall be limited to a $15.00 minimum except for
claims filed immediately prior to the fiscal year deadline.
2.10 RETIREMENT
I. The City shall provide the 2% at 60 retirement for miscellaneous
employees as provided for under the Public Employees Retirement
System.
II. All refunds of employee contributions or additional costs of
employee retirement contributions mandated by the courts and/or
requested by PERS because of court decisions during the life of
the contract will be reimbursed to or paid by the employee.
I. Hard Holidays - During the term of this agreement, the recognized
holidays are:
City Offices Closed
Independence Day July 4, 1985 07/04/85
Labor Day September 2, 1985 09/02/85
Thanksgiving Day November 28, 1985 11/28/85
Day after Thanksgiving November 29, 1985 11/29/85
Christmas December 25, 1985 12/25/85
New Year's Day January l, 1986 01/02/86
Memorial Day May 30, 1986 05/30/86
A. Holiday Pay - Employees shall receive eight (8) hours pay at
their regular hourly rate for each hard holiday payable during the
pay period in which the regular holiday occurs.
B. Holiday Worked - In those cases where an employee is required
to render service on New Year's Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day, the Day after Thanksgiving or
Christmas Day, said employee shall be granted compensation for
such overtime at one and one half times their regular hourly rate.
C. If a hard holiday falls on a Saturday, the preceding Friday
shall be observed as the holiday. If a hard holiday falls on a
Sunday, the following Monday shall be observed as the holiday.
II. Floating Holidays:
A. Amount Effective the first pay period in July 1985,
employees shall be credited with thirty-two (32) hours floating
holiday time, eight hours each for: Lincoln's Birthday,
Washington's Birthday, Admission Day and Veteran's Day. Employees
may take floating holiday time at their discretion with the
approval of their department head.
B. Floating Holiday Use - If an employee uses floating holiday
time before the holiday passes and subsequently leaves City
service, they will be charged for such time. If employees do not
use their floating holiday time before June 30 of the fiscal year,
they will lose such time. The smallest unit of time chargeable to
floating holiday time is one half hour.
2.12 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.
B. "Intermittent service" means City service interrupted by
separation.
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C. "Time worked" includes actual time worked, holidays with pay,
and leave of absence without pay (not to exceed one year) for
which Workers Compensation is paid. It shall al so include
Saturdays, Sundays, or other regular days off which are
immediately preceded or immediately followed by other time worked.
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 (1) year for which Workers Compensation is paid.
I I. 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 l0 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
entitled 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.
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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 subsections (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 their 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 tempora~ 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.
E. 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 their
surpervisor that a doctor's certificate shall be required when
the employee notifies the City that they will be absent by reason
of illness or disability.
F. 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 immediate 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
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head, such employee may be allowed the privilege to be absent from
work with full pay up to throe (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.
G. Sick Leave Reimbursement -
(1) WCE members employed on June 30, 1979, or before and with
five (5) or more years of service before separation from the City
shall be allowed to receive twenty-five percent (25%) payment for
up to 120 days of unused sick leave upon honorable separation from
the City and/or a promotion to a position not represented by WCE.
The fifty percent (50%) survivor's benefit is also to be made
available to the represented unit. {WCE members employed on June
30, 1979, or before and with five (5) or more years of service are
not eligible for benefits under G (2), (3), (4), (5) and (6)
except for the 50% survivor's benefit.) '
{2) WCE members employed after June 30, 1979, and 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 pay. (The provisions of G {1) shall not apply
to WCE members employed after June 30, 1979.)
(3) Pay shall be computed based on the following schedule and all
computations shall be rounded to the nearest whole hour:
Remainin9 Yearly Sick Leave Pay Option (25%)
12 days 3 days
ll days 2 days, 6 hrs.
l0 days 2 days, 4 hrs.
9 days 2 days, 2 hrs.
8 days 2 days
? days or less 0
(4) 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. They then elect to receive pay for 25% of remaining days,
or 2 days. The 2 days are subtracted from their remaining yearly
sick leave and the other 6 days are added to the employee's
accumulated sick leave balance.)
(5) Payment will be made during the month of July of each year.
Pa~v will be computed based on the employee's salaF~y step on
June 30.
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(6) Payment will be made only to members 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
p~ments will not be made to employees who terminate 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
beneficial. (This section does not apply to WCE members
designated in Section G (1).)
2.13 LEAVE OF ABSENCE
Employees who are mentally or physically incapacitated to perform their
duties, or who desire to engage in a course of study that will, in the
judgment of the City, increase their usefulness on their 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, desire to secure leave from their 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.
Employees asking for leave of absence without pay shall submit their request
in writing stating the reasons why, in their opinion, the request should be
granted, the date when they desire the leave to begin, and the probable date
of their return. For each leave without pay, the Director of Personnel shall
determine whether the employee granted such leave shall be entitled to their
former position on their return from such leave or whether their 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.
2.14 MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of
applicable State and Federal laws (California Military and Veteran's Code).
2.15 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.
The employee 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.
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2.16 CAREER ADVANCEMENT
The Junior Civil Engineer classification will be considered as career
advancement to the Assistant Civil Engineer level. Employees will not be
required to undergo a promotional exam but will qualify for certification upon
(1) fulfillment of a minimum of one year as a Junior Civil Engineer and (2)
forwarding of a positive recommendation by the relevant appointing authority.
Permanent employees who advance from the Junior Civil Engineer classification
to the Assistant Civil Engineer level shall not be subjected to an additional
probationary period.
2.17 LABOR-MANAGEMENT COOPERATION
During the term of this a§reement the City agrees to explore ongoing
relationships with this unit beyond the traditional negotiation process. The
objective is to jointly develop and implement programs designed to improve
City operations and enhance employee satisfaction.
3.01 PROHIBITED PRACTICES
I. WCE 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 WCE that an
alleged prohibited action is in progress.
III. WCE 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 WCE disavows the prohibited activity and takes all positive
actions hereunder in good faith, the City shall not hold WCE
financially or otherwise responsible. The City may impose such
penalties or sanctions as the City may appropriately assess
against the participants.
V. Should WCE 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.
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3.02 TERM AND EFFECT OF MEMORANDUM OF UNDERSTANDING
I. This Memorandum of Understanding shall remain in full force and
effect from July l, 198§, up to and including 12:00 midnight of
June 30, 1986. This agreement shall continue in effect year by
year unless one of the parties notifies the other in writing no
later than March 1, 1985, 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. The previsions of this Memorandum of Understanding shall be
subject to Federal, State and local law.
III. The parties agree that in the meet and confer session leading to
the Memorandum of Understanding for 1985-86, both parties had an
opportunity to discuss all issues subject to meet and confer. At
the conclusion of the meet and confer sessions all subjects raised
by both parties have been fully discussed and resolved as set
forth in the Memorandum of Understanding. Therefore, the City and
WCE, for the duration of this agreement, each voluntarily and
unqualifiedly waives the right, and each agrees that the other
shall not be obligated (except as specifically mentioned in this
Memorandum of Understanding) to meet and confer with respect to
any subject or matter referred to, or covered in this agreement.
With respect to subjects not referred to in this Memorandum, the
parties waive their rights to meet and confer on those subjects
for the entire life of this agreement.
The parties further agree that the Civil Service Rules, salary
ordinance, and other resolutions and ordinances concerning matters
subject to Meyers-Milias-Brown will remain unchanged for the
duration of this agreement unless the parties meet and confer on
any amendments. For subjects discussed in the Memorandum of
Understanding, however, the sole and complete agreement on that
subject is as set forth in this Memorandum of Understanding. Any
other provisions on subjects mentioned in this Memorandum of
Understanding existing in the other documents mentioned above will
have no force or effect for the full term of this agreement.
3.03 AID TO CONSTRUCTION OF PROVISIONS OF MEMORANDUM OF UNDERSTANDING
I. It is intended by the parties hereto that the provisions of the
Memorandum of Understanding shall be in han~ony with the rights,
duties, obligations and responsibilities which by law devolve upon
the City Council, Civil Service Commission, City Manager and
department heads, and these provisions shall be interpreted and
applied in such manner.
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II. The lawful provisions of this Memorandum of Understanding ire
binding upon the parties for the term thereof except as herein
provided.
3.04 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 arriving at a mutually satisfactory
replacement for such article or section.
,smus pames ~. Wr!g~ft
Assistant City Manager /'Executive Director
Chief Negotiator ' Western Council of Engineers
City of Chula Vista
WPC 0802A
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