HomeMy WebLinkAboutReso 1984-11749
RESOLUTION NO.
11749
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 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 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 "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
~~~~
' Si9ne! A.,~1:horsen,D· ector
of pers~.el
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City
CHULA VISTA, CALIFORNIA, this
19 84, by the following vote, to_it:
Moore, Cox, Malcolm, Scott
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
28th
day of
August
--
AYES: Councilmen
NAYES: Councilmen
ABSTAIN: Councilmen
ABSENT: Councilmen
None
None
McCandliss
ATTEST ª#??"~~
t/ City Clerk
/!.~
the City of Chula Vista
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,
)0 HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 11749 ,and that the same has not been amended or repealed.
)ATED
(sea )
City Clerk
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é:
MEMORANDUM 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 1984-85
1.01 PREÞlo1BLE
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 OVERTUIE
2.03 BILINbUAL PAY
2.09 EMPLOYEE BENEFITS
2.10 RETIREME NT
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
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1 .01 PREÞlo1BLE
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 Civil Engineer
Assistant Civil Engineer
Junior Civil Engineer
Pl an 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
provi des for all types of personnel transacti ons, incl 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.
. Di scipl ine 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.
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Take actions necessary to carry out the mission of the City in
emergenci es 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 Ci ty ordi nances.
Exerci se of City ri ghts shall not breach WCE I S ri ght to meet and consult in
those areas legally required when consequences of contemplated action may
affect employees I wages and work ing condi ti ons.
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
outsi de regul arly schedul ed 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.
Ill. Have their chief negotiator provided without charge a copy of the
FY 34-35 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
rel ati onshi p, provi ded that (l) the work of the employee and the
service of the public are not unduly impaired, and (2) the
authori zed representative shall have gi ven advance noti ce to the
department head or his designated representative when contacting
departmental employees duri ng the duty peri od 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 all owabl e gri evance
item.
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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 $.13 per member per pay
period for the full costs incurred for dues deduction on behalf of
WCE.
2.01 WAGES
1. Effective the first payroll period commencing July 1934 (July 6,
1934), the City shall pay six and one-half percent (6.5) 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
Cal ifornia.
I!. All other payroll and wage changes, such as meri t increases, shall
be made effective at the beginning of the regul ar pay period
closest to the date of change.
II 1. Distribution of paychecks shall be done only on regul ar paydays
except in an emergency, when employees may receive 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 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 el igible 1 ist, 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
tlleir 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 regul ar posi ti on and recei ve earned sal ary increases if they otherwi se
would be eligible.
This provision does not apply if a unit member is given an acting appointment
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.
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2.03 EXTRAORDINARY SERVICE
The City will offer a differential bonus of $250, $300, $400, $500 or $600 to
those EStep empl oyees ~/ho qual ify. Indivi dual employees who bel i eve that
they are eligible under I below for extraordinary service pay shall initiate a
formal memorandum to their division head stating their bel ief of el igibil ity,
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 wi 11 make a fi nal recommendati on (wi thin
fifteen [15] working days) subject to the approval of. the City Manager. The
extraordinary 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:
1. Eligibility shall be determined by one or more of the following
cri teri a:
A. The represented employee has performed outstandi ng 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 responsibil ity 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 de vel oped 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
responsibil ity 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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Ill. Limitation - The total amount available for differential salary
bonuses for extraordi nary service compensati on shall not exceed
2.0% of the 9rOSS 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 placin9 a total of 7% of basÈ! salary into a
"deferred compensati on" pl an whi ch is based upon the,employee contributi on 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 mil e - first 200 mil es
24¢ per mile - next 300 miles
22¢ per mile - over 500 miles
2.06 WDRK WEEK
The normal work period shall consist of 30 hours during each 14 calendar days
coinciding with the City pay period. However, members of the represented unit
may be permitted by the City Engineer or the Director of Building & Housing to
work a flexible schedule provided not more than eighty hours (80) are
des i gnated in the fourteen (14) day period (DOOl Fri day to 2400 Thursday).
Core hours, during which an employee must work, shall be between 9:00 a.m. and
4:00 p.m. on a scheduled day of work. Arrival and departure times shall be
established by employee's immediate supervisor and may be changed upon
reasonable notice.
2.07 OVERTIME
1. Definition - Whenever an employee is ordered, in the interest of
the efficiency of their department, to render overtime service
beyond the normal work week delineated for their classification,
the employee 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 ~Iork shall be only at the
direction of, and first approved by, the Employee's immediate
supervisor.
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Payment for overtime shall be made during the pay period wherein
the overtime was earned. A record of compensatory overtime earned
and util ized 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 while
recognizing the overall departmental staffing requirements.
II. Administration of Overtime
A. WCE members who are held over their. normal work shift shall
be pai d at one and one half times the basic rate of pay for all
time in excess of 1/2 hour. Time worked over the scheduled shift
that is less than 1/2 hour shall be paid at the employee's regular
hourly rate and may not be accumulated for overtime purposes.
2.08 BILINGUAL PAY
WCE members 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.
2.09 EMPLOYEE BENEFITS
I. Cafeteria Style Benefit Plan
A. Description of Program - Effective July 1, 1934, each
represented member will receive $1,800 during FY 1984-85 to be
used for employee benefits. With a cafeteria system, employees
select or "purchase" benefits from a group of available optional
programs. Each benefi t has a doll ar cost and employees purchase
the desired benefits until the allocated benefit allowance
($1 ,800) has been expended. Benefi t sel ecti ons will be made once
per year. Payroll deductions can only be made to purchase
benefits in excess of the total benefit allowance for employee
dependents' coverage. (For exampl e, if the employee uti 1 i zes the
entire $1,800 for employee health, dental and eye coverage, the
cost of dependent coverage or any part thereof could be in payroll
deduction.) If the desired benefit options are selected, and the
employee has not utilized the entire benefit allowance ($1,300),
there will be no cash pay-out of the remaining allowance.
B. Content of Program - The Cafeteria Benefit Plan will consist
of one mandatory selection and additional optional selections,
subject to the limitations in I.
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1. Mandatory Selection -
Hospital, Medical and Life Benefits (Employee)
Each represented employee must select one of the two medical plans
(desi gnated Travel ers Comprehens ive Medical Expense Benefi t Pl an
or the approved Kaiser Plan) offered by the City for health
protection. Employee coverage incl udes a $3,000 group term 1 i fe
pol icy.
2. Optional Selections (Subject to Limitations in!) -
a. Hospi tal/Medi ca 1 Care Benefi ts (Depenðents)
Each represented employee .ma~ sel ect ei ther the desi gnated
Travelers Comprehensive Medlca 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
Each represented employee .!11!IY purchase addi ti onal group 1 i fe
insurance in addition to tfie$3,OOO group term life insurance
provi ded by the City under #1 above.
c. 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 $1,300 total allocation.
(l) Vision and Dental
Each represented employee .!11!IY apply any remalnlng portion (after
mandatory costs are paid) 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
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 pri or 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 sel ect to receive reimbursement for a vol untary
physical exam from the physician of their choice.
(5) Miscellaneous Categories
Employees may elect to apply any remalnlng 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
Plan.
Ill. Market Basket Administration
From June 11 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
necess i tated i mmedi ate acti on. Reques ts for reimbursements for
purchases made by employees after June 11 for those items and
services rendered which are not of a routi ne 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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Examples:
1 . Emergency medi ca 1 expenses not covered by insurance for an
illness that requires the services of a doctor, clinic, or
hospital incl uding auxil iary services (emergency transportation,
1 ab tests, prescri pti ons and so forth) wi 11 be covered. Note:
medical expenses incurred as a result of accident are covered 100%
by both insurance plans and therefore not reimbursable through the
"Cafeteria Plan. 01
2. Emergency Vi si on Expenses-Repair of broken-- eyegl asses or
replacement of lost contact lenses wiJl 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 consi dered routine and not covered
i ncl ude: conference expenses, books, memberships, subscripti ons,
extra insurance (except authorized payroll deductions).
2.10 RETIREMENT
1. The City shall provide the 2% at 60 retirement for miscellaneous
employees as provided for under the Publ ic 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 1 ife of
the contract will be reimbursed to or paid by the employee.
2.11 HOUDA YS
I. Hard Holidays - During the term of this agreement, the recognized
holidays are:
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving
Christmas
New Year's Day
Memorial Day
July 4, 1934
September 3, 1964
November 22, 1934
November 23, 1934
December 25, 1984
January 1, 1935
May 30, 1985
City Offices Closed
07/04/84
09/03/34
11122184
11/23/34
12125/84
01/02/35
D5/31/85
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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 c.hard holiday falls on a
Sunday, the following Monday shall be observed as the holiday.
II. Fl oating Hol idays:
A. Amount - Effective the first pay period in July 1934,
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
1. Definition - For the purpose of this section, the following
definitions shall apply:
A. "Continuous Service" means City service uninterrupted by
separation.
B. "Intermi ttent servi ce" means Ci ty 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 other time worked.
D. "Active service" includes time worked, leave of absence
wi thout pay not to exceed 14 calendar days, and 1 eave of absence
not to exceed one (1) year for which Workers Compensation is paid.
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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:
(l) 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 el igible to receive 10 \~orking
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 (cumul ative to a total 1 eave bal ance of 30 working
days) duri ng the fi fth 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) Vacati on 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 pai d 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.
c. Employees separated from the City service, whether
vol untarily or invol untarily, 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).
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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.
II 1.. Si ck Leave
A. Accumulated paid sick leave credit i~ 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. Si ck Leave Accrual - Computati on of sick 1 eave: Si ck 1 eave
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 probati onary 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. Si ck Leave Use - Si ck 1 eave 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 disabl ing 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
compell 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
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head, such employee may be allowed the privilege to be absent from
work with full pay up to three (3) days, pl us reasonable travel
time. Travel time will be actual time used not to exceed five (5)
calendar days. Paid 1 eave of absence for family death shall be
charged to sick leave.
G. Sick Leave Reimbursement -
(l) 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 all owed to receive twenty-five percent (25%) payment for
up to 120 days of unused sick leave upon nonorable separation from
the City. The fifty percent (50%) survivor's benefit is also to
be made available to the represented unit. (WCE members employed
on June 3D, 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 1 eave or 1 ess duri ng the fi sca 1 year shall have the
option of converting twenty-five percent (25%) of their remaining
yearly sick leave pay. (The provisions of G (l) 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:
Remaining Yearly Sick Leáve
12 days
11 days
10 days
9 days
8 days
7 days or 1 ess
Pay Option (25%)
3 days
2 days, 6 hrs.
2 days, 4 hrs.
2 days, 2 hrs.
2 days
o
(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
si ck 1 eave and the other 6 days are added to the employee's
accumulated sick leave balance.)
(6) 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.
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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
payments will not be made to employees who termi nate duri ng the
fiscal year. However, in the event of the death of an individual
while employed by the City, 50t of the employee's unused,
accumulated sick leave will be paid to the appropriate
beneficiary. (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 Ci ty, increase their useful ness on their return to the
classified service or who, for any reason considered to be in the best
interest of the Ci ty government by the appointi ng authori ty and the Di rector
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 wi th the approval of the City Manager, be granted leave of
absence without payor 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 provlslons 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
a ttend Court as a prospective juror or serve as a juror upon immedi ate
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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p._\ \ 1 LV\
2.16 CAREER ADVANCEMENT
The Junior Civil En9ineer 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
(l) fulfillment of minimum qualifications 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 COOPERAT ION
During the term of this agreement 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
1. WCE 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, 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
Understandi ng breach the obl i gati ons of Paragraph I, the Ci ty
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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R-\ \'\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 unless one of the parties notifies the other in writing 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 thirty days prior to the expiration of
this agreement.
II. The provisions of this Memorandum of Understanding shall be
subject to Federal, State and local law.
II!. The parties agree that in the meet and confer session leading to
the Memorandum of Understanding for 1984-85, 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 Understandi ng) to meet and confer wi th 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
Undertanding 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
1. It is intended by the parties hereto that the provisions of the
Memorandum of Understanding shall be in harmony 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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~_ \ \ll\'\
I!. The lawful provlslons of this Memorandum of Understanding are
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
tllereby. The parties shall if possible meet and confer or meet· and consult as
the case may be for the purpo_se of arriving at a mutually satisfactory
rePlacemen¿;or such article of-section. .
-Signe( . Thorsen
Di rector 0 f Personnel
,
Chief NegoUa-tor
Ci ty of Chul a Vi sta
James L. Wri gh t
Executive Director
Western Council of Engineers
WPC 0327A
-17-
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