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HomeMy WebLinkAboutReso 1984-11748 RESOLUTION NO. 11748 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 1984-85 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 1984-85. Presented by Approved as to form by / / / ~ ,-., /. )' ~~_'--<I /~~, ,/ \.' , Signe Ai Thorsen, Director of Personnel '1~~ City ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 28th day of AUQust 19 B4, by the following vote, to_it: - AYES: NAYES: ABSTAIN: ABSENT: Councilmen Moore, Cox, Malcolm, Scott Councilmen None Coc.ncilmen None Councilmen McCandltss =h. ~,~ V;", City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) s s. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, JO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 11748 ,and that the same has not been amended or repealed. )ATED (sea ) City Clerk CC-660 \'\ -\( ~-\ M E M 0 RAN DUM o F UNDERSTANDING BETWEEN C I T Y 0 F C H U L A V 1ST A AND C H U L A V 1ST A E M P L 0 Y E E S ASS 0 C I A T ION 1984-85 MEMORANDUM 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 1984-85 1.01 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 3.01 PROHIBITED PRACTICES 3.02 TERM AND EFFECT OF MEMORANDUM OF UNDERSTANDING 3.03 SAVINGS CLAUSE \ '\~~ ~-\ q-..- .. 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: Ac countant Account Cl erk I Ac count Cl erk I I 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 Circulation Supervisor Cl erk I Cl erk 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 Da ta Entry Operator I Data Entry Operator/Computer Operator Electronics Technician Engineering Aide Engineering Technician I Engineering Technician II Engineering Technician III Environmental Review Coordinator Equipment Mechanic I Equipment Mechanic II Equipment Operator -2- \1\ C(, \2--\ Evidence Technician Fi re Inspector Housing Rehabilitation Specialist Junior Accountant Kennel Attendant Landscape Planner Legal Secretary Li brari an Library Assistant Library Cl erk I Li brary Cl erk II Library Data Entry Operator 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 Planning Technician III Police Information Systems Specialist Poo 1 Manager Programmer/Analyst Property Cl erk Public Works Supervisor I Pump Maintenance Mechanic Recreation Supervisor Revenue and Recovery Officer Risk Analyst Secretary I Secretary I I Secl'etary II (No Shorthand) Senior Account Clerk Senior Animal Control Officer Senior Construction Specialist Senior El ectronics Technician Senior Equipment Mechanic Senior Librarian Senior Lifeguard Senior Maintenance Worker -3- ~_\\Î"W ------.---- Senior Pump Maintenance Mechanic Senior Recreation Leader Senior Traffic Devices Technician Senior Tree Trimmer Shelving Supervisor Storekeeper Supervising Custodian 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 provi des for all types of personnel transacti ons, i ncl udi ng, but not 1 imited 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. -4- \\<\~~ ~- --.. Effect a reduction in authorized positions. Take actions necessary to carry out the mission of the City in emergenci es and in other s i tuati ons of unusual or temporary ci rcumstances. 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 1. Authorized representatives of the CVEA may be allowed reasonable access to uni t employees duri ng work i ng 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 autilorized representatives shall have given advance notice to, and been granted authorization by, the department head or his des i gnated representati ve when contacti ng unit employees duri ng the duty peri od of the employees. The department head or hi s designee shall determine the appropriate time for such access. I!. The Association may be granted use of City facil ities by the appropri ate 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 bull eti n boards for 1 egi timate communicati ons wi th 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 1. Employees in represented classifications shall receive a 5.0% salary increase retroactive to July 6, 1984. Senior Librarians shall receive an additional 2.63% salary increase and L i brari ans a 3.16% increase to offset the loss of shift differentials. II. The City will pay 7% toward the employee's portion of the PERS contribution. -5- \\Îù,~ ~- III. Distribution of paychecks shall be done only on regular paydays except in an emergency, when employees may recei ve their check on a day other than a regul ar payday if a memo is di rected 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 working days prior to the payday on which payment is desired. V. In addition to the increases referred to in I and II above, and based on several factors i ncl udi ng compari son with other agencies, the following classifications shall receive salary adjustments as indicated below beginning July 6, 1984: Cl assification % of Special Increase Senior Librarian Li brari an Shelving Supervisor 10.0 10.0 15.0 All other payroll and wage changes, such as merit increases, shall be made effecti ve at the beginni ng of the regul ar pay peri od closest to the date of change. 2.02 SHIFT DIFFERENTIALS 1. 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 anyone 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 spl it by 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. Communications Operators, Senior Librarians, and Librarians shall not be eligible for any shift differential. -6- \(\ -\ r. ~- 2.03 PROTECTIVE CLOTHING AND TOOL ALLOWANCE I. Protecti ve Cloth i ng Protective clothing will be available for use to all employees where required by the City. II. Tool Allowance Employees in tile classifications of Equipment Mechanic I, Equipment Mechanic II, and Senior Equipment Mechanic are eligible to receive reimbursement for initial purchase or replacement of approved tool s up to an average of $135 per fiscal year per employee. Reimbursement for such tool s 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 all ow 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 thi s concept, it is possibl e 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 normal work period shall consist of 80 hours during each 14 calendar days coinciding with the City pay period. 2.06 OVERTIME I. Definition - W~enever an employee is ordered, because of an emergency or 1n the interest of the efficiency of their department, to render overtime service beyond the normal work week del ineated for their cl assification, they shall be granted compensatory time or overtime pay at the rate of one and one half times their regul ar hourly rate or one and one half times the number of hours worked, in accordance with this section. Such overtime work shall be only at the direction of, and first approved by, the Employee's immediate supervisor. -7- \Î0,.~ Q-_\ . 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 may not be accrued to an employee's credit for any time in excess of forty 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 whil e recognizing the overall departmental staffing requirements. II. Administration of Overtime (A) Employees who are held over their normal daily work shift because of an emergency shall be paid or receive compensatory time at one and one half times the basic rate of pay for the hours worked in excess of one half hour. Time worked over the scheduled shift that is less than one half hour shall be paid, or compensatory time provided, at the employee's regul ar hourly rate or accumul ated at regul ar time, and may not be accumulated day to day for overtime or compensatory purposes. Overtime will be paid only after the total number of hours worked in a biweekly pay period exceeds 80 hours. (B) Employees required to work over 15 minutes beyond their regular shift for reasons not included in (A) above shall be pa i d or receive compensatory time of at 1 east one hour minimum at one and one half times the basic rate of pay, or the hours actually worked. Time worked over the schedul ed shift that is less than 15 minutes shall be disregarded and may not be accumulated for payor compensatory purposes. 2.07 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 call back bonus wi 11 only apply when the employee has not been notified of the callback prior to leaving the worksite. 2.08 STANDBY 1. Definition - Standby duty is defined as that period of time assigned by the appointing authority, in addition to the employee's normal work week assignment, during which said employees must remain where they can at all times be contacted by telephone, ready for immediate callback to their department to perform an essential service. Employees assigned to standby duty are subject to the provisions of Section 2.07. -8- ,,,>\.'1. ~,,\, II. Application - In addition to their regular salary, employees shall be compensated at the rate of $45 additional pay for each full biweekly pay period while assigned to standby duties. 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 availabil ity 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 Personnal 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 1. Fl exible Benefit Plan A. Description of Program - Effective July 1, 1984, each represented member wi 11 be enti tl ed to recei ve $2,118 duri ng FY 1984-85 to be used sol ely for defi ned employee benefi ts. With a flexible benefit system, employees select or "purchase" benefits from a group of available optional programs. After the desired benefit options are selected and if the employee has not utilized the entire benefit allowance ($2,118), there will be no cash payout of the remaining allowance. B. Administration of Program From June 11 through June 30 of the fiscal year, requests for reimbursement under the City's "Flexible Benefit 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 11 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. -9- \\ '\ -\% ~- 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, 1 ab tests, prescriptions and so forth) will be covered. Note: medical expenses incurred as a resul t of acci dent are covered 100% by both insurance plans and tilerefore not reimbursable through the "Flexible Plan." 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 resul t 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). C. 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 sel ect one of the two medical plans (designated Travel~Comprehensive 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 a. Hospital/Medical Care Benefits (Dependents) Each represented employee may sel ect either the designated Travel ers Comprehens ive Medi cal Expense Benefit Pl an or the approved Kaiser Plan to provide dependents' medical insurance coverage. The City will contribute an amount equal to the cost of the Travelers Plan toward the cost of the Kaiser Pl an, wi th the employee payi ng the excess. -10- ~/\\'\'-\~ b. Reimbursable Programs A represented employee may select to receive reimbursement for the following expenditures. The reimbursements, however, will be calculated as a portion of the $2,118 total a l10cat ion. (For examp 1 e, after an emp loyee purchased the mandatory health coverage through Traveler's (Kaiser is a second, more expensive option), they would have approximately $1,393 left to spend for reimbursable items as listed below. *cost of employee health insurance is approximate only. (1) Vision and Dental Each represented emp loyee may app ly any rema in ing portion (after mandatory costs are pa id) to vision 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 ,\~"6 "'?-\ \ Employees ~ay select to receive reimbursement for profess iona or techn ica 1 courses direct ly re lated to career development. Employees must obtain approval of the department head and the Director of Personnel prior to enrollment in the desired course. To receive funds in advance, employees must read and sign the Advance Funds Request Form avail ab le in the Personnel Department. (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 emp loyee' 5 profess iona 1 growth. Re imbursement for non job related dues or technical publications are not included. Employees must receive prior authorization and approval of his/her department head and the Director of Personnel prior to expenditure of funds to be claimed for reimbursement. -11- (4) Physical Exam Employees may select to receive reimbursement for a voluntary physical exam from the physician of their choice. (5) Supplemental Life Insurance Each represented employee may purchase additional group life insurance in addition to the $3,000 group term life insurance provided by the City under #1 above. (6) Miscellaneous Categories Employees may elect to apply any remaining portion (after mandatory costs are paid) towards tile $100 Travel ers deductible costs and the 20% uncovered Travelers costs, City-approved professional membership dues and costs of prescription drugs. II. Additional Benefit Long-Term Disabil ity - The City agrees to contribute the amount necessary to provide long-term disability protection for each employee represented by CVEA in accordance witil the following: The plan will include a sixty (60) day waiting period, a maximum benefit of 60% of sal ary up to $2,500/month, and is subject to the provisions of existing applicable insurance and retirement plans. III. Cost Containment CVEA agrees to support and take part in implementing the Traveler's Education Plan, the Community Action Plan (CAP) and the Preferred Provider Organization (PPO) through the Foundation for Medical Care. 2.12 RETIREMENT The City shall continue to contract for the 2% at 60 retirement for mi scell aneous employees as provi ded for under the Publ ic Employees Reti rement System. The PERS 1959 Survivors Benefit employee premium cost of $2.00 per month will be pai d by tile 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 tile City and the employees. -12- \'ì-\ t ~-\ 2.13 HOLIDAYS I. Hard Holidays for employees who work the traditional Monday through Friday work week will be celebrated on the day that City offices are closed. For 1983-1984 the Holiday schedule is as follows: Independence Day Labor Day Thanksgiving Day Days after Thanksgiving Chri stmas New Year's Day Memorial Day July 4, 1984 September 3, 1984 November 22, 1984 November 23, 1984 December 25, 1984 January 1, 1985 May 26, 1985 City Offices Closed 07/04/84 09/03/84 11/22/84 11/23/84 12/25/84 01/01/85 OS/27/85 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 recognize and observe the following holiday work schedule: Library Closed Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Chri stmas New Year's Day Memorial Day 7/4/84 9/3/84 11/22/84 11/23, 11/24/84 12/25/84 1/1/85 5/27/85 III. Holiday Pay/Overtime (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 - For those employees who work the traditional Monday through Friday work week, overtime compensation at one and one-half times their regular hourly rate will be paid when they must work on the day City offices are closed. For those employees who work shifts that allow the City to provide 24 hour year around service, overtime compensation at one and one-half times their regular hourly rate will be paid when they work on the actual holiday. -13- \Î-\Î{ <?-'\ ~- For Library employees who do not work the traditional Monday through Friday work week, overtime compensation at one and one-half times their regular hourly rate will be paid when they must work on the actual holiday. On 12/24/84 and 12/29/84, Library will close at 6:00 p.m. instead of 9:00 p.m. If Library staff works fewer than 80 hours in the pay period as a result of the early closing, they will only be paid for the hours worked. IV. Floating Holidays (C) (A) Amount - Effective the first pay period in July 1984, employees shall be credi ted with ei ght (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 1. Definition - For the purpose of this section, the following definitions shall apply: (A) "Continuous Service" means City service uninterrupted by separati on. (B) "Intermittent service" means City service interrupted by separation. (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 also include Saturdays, Sundays, or other regular days off which are immediately preceded or immediately followed by another time worked. (D) "Active service" includes time worked, leave of absence wi thout pay not to exceed 14 cal endar days, and 1 eave of absence not to exceed one year for which Workers Compensation is paid. -14- <\I\r Q-'\ 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 witil pay. The following provisions shall apply: (l) Employees will accrue 10 working days during the first year of service. This benefit will be accumulated at tile 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 montil anniversary date. (2) Employees will accrue and be eligible to receive 10 working days annually (cumul ative to a total 1 eave balance of 20 work~ng days) during the second through fourth year of serVlce. 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 1 eave bal ance of 30 work i ng days) duri ng 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. ~Iaximum Vacation Accrual - At no time may an employee have more tilan two years of vacation leave accumulated. No credits shall be accrued above this 1 imit and any time in excess of the two-year limitation will be lost. (5) Vacation accrual rate changes wi 11 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. -15- \:'\\c{ "Q--\ (C) Employees separated from tile City service, whether vol untarily or involuntarily, shall be granted all of the unused vacation to which tiley 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 tile nearest quarter hour for reasons allowable under this section. Absence may not be charged to vacation not already accumulated. I II. Si ck 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, beginni ng at the time of full-time probati onary employment. A person who has held a position with temporary or interim status and is appointed to a position with probationary status, witilout 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 tile City Manager. (C) Maximum Sick Leave Accumulation - Unused sick leave may be accumulated in an unlimited amount. (D) Si ck Leave Use - Si ck 1 eave bal ances shall be reduced for actual time not worked to the nearest quarter hour for reasons all owabl e under this secti on. Absence for ill ness 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 affi davi t veri fyi ng the nature, severity and cause of the disabling injury or illness of the employee in order to determine el igibil ity for sick leave. If an employee is to be required to furnish a doctor's certificate, the employee shall be notified by his/her surpervisor that a doctor's certificate shall be required when tile employee notifies the City that he/she will be absent by reason of illness or disability. -16- ~~\\Î'\~ (F) Bereavement Leave - When an employee with permanent status is compel 1 ed 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 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. (G) Sick Leave Reimbursement - (1) Employees using four (4) days of sick leave, or less, during the fiscal year, shall have the option of converti ng twenty-five percent (25%) of their remai ning yearly sick leave to pay. (2) Pay shall be computed based on the following schedul e and all computations shall be rounded to the nearest whole hour: Remaining Yearly Sick Leave 12 days 11 days 10 days 9 days 8 days 7 days or less Pay Option (25%) 3 days 2 days, 6 hrs. 2 days, 4 hrs. 2 days, 2 hrs. 2 days o (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 el ects to receive pay for 25% of remaining days payment, or 2 days. The 2 days are subtracted from his/her remaining yearly sick 1 eave and the other 6 days are added to the employee's accumulated sick leave balance.) (4) Payment wi 11 be made duri ng the month of July of each year. Pay wi 11 be computed based on the employee's salary step on June 30. -17- Î~~ -Q-~ \ \ ."U__ (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 pl an 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 Witi10ut payor benefits for a period not to exceed one year. An employee asking for leave of absence without pay shall submit his/her request in writi ng stati ng the reasons why, in his/her opi ni on, the request shoul d be granted, the date when he/she des i res the 1 eave 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 deni al 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 provlsl0ns 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 employess 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. -18- \\Î~v. ~/\. Employees shall receive full pay during the period of such leave provided the money, except mileage or subsistence allowance, which tiley receive as a juror is deposited with tile Director of Finance for credit to tile proper fund. 2.18 DEFERRED COMPENSATION CVEA members shall be eligible to participate in the City's approved deferred compensation plan administered by Great Western. 2.19 UNIFORMS (A) The following classifications will wear uniforms supplied and maintained by tile City. Three uniform changes will be made available to each employee each week; however, the employee 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 tile uniform's replacement unless employee can show non-negligence on employee's part. Construction Specialist I Construction Specialist II Custodi an 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 Construction Specialist Senior Electronics Technician Senior Equipment Mechanic Senior Pump Maintenance Mechanic Senior Traffic Devices Technician Senior Tree Trimmer Storekeeper Supervision Custodian Traffic Devices Technician Traffic Painter Tree Trimmer -19- \\1 0., "í, ~/ .. (B) Animal Control Officer and Park Ranger Uniforms Effective September 1, 1984, the City will reimburse Animal Control Officers, and Park Rangers for uni form purchases. Authorization for reimbursement must be received from the Director of Public Safety or Director of Parks and Recreation. 2.20 GRIEVANCE PROCEDURE A grievance procedure is available for complaint resolution. See your Personnel Department for a copy. 3.01 PROHIBITED PRACTICES 1. CVEA pl edges it shall not cause, condone or counsel its unit members or any of them to strike, fail to fully and faithfully perform duties, slm~ 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 prohibi ted acti vi ty and provi de the Ci ty 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 hol d 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. -20- -\?-_\\1'-\~ 3.02 TERM AND EFFECT OF MEMORANDUM OF UNDERSTANDING 1. This Memorandum of Understanding shall remain in full force and effect from July 1, 1984, up to and including 12:00 midnight of June 30, 1985. This agreement shall continue in effect year by year unl ess one of the parti es notifi es the other in writi ng no later than March 1, 1985, of its desire to commence 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 ti1irty days prior to the expiration of this agreement. I!. Thi s Þl0U fully and compl etely incorporates the understandi ngs of the parties hereto for the full term of this agreement, constituting the sole and entire understanding between the parti es. All previ ous terms, condi ti ons and understandi ngs and past practices are hereby specifically repealed and rejected unless explicitly set forth herein. It is further understood, hOllever, that noth i ng herein prohibi ts the parti es from changi ng 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-Mil ias-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 Cal ifornia under those provisions known as the Meyers-Milias-Brolln 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 substanti al sums of anti ci pated budgeted revenues by reason of governmental or Court action, then, in such event, the City reserves the right, with mutual agreement of CVEA, to reopen this Þ~morandum 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. -21- 1~~ ç.~\ \ .. 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 compl iance Witil or enforcement of any articl e or section shall be restrained by such tribunal, the remainder of thi s agreement shall not be affected tilereby. 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 articl ~. I Qf.f2ØC2 ~c _.~ Ran a revo General Manager San Diego ounty Employees Association <lfj WPC 0329A -22- 1'-\ t( ç..:- \ \