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HomeMy WebLinkAboutReso 1982-10990 RESOLUTION NO. 10990 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 1982-83 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 hereto- fore 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 pre- pared 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 II A" , attached hereto and incorporated herein by refer- ence 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 Exhibi t "A" for fiscal year 1982-83. YA~ ~~ R. Asmus, Assistant City Manager Approved as to form by ~~ ' George D. Llndberg, City Attorney Presented by ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 24th 199. 2 , by the following vote, to-wit: day of Auaust AYES: Councilmen Moo re . McCandliss. Cox. Malcolm NAYES: Councilmen None ABSTAIN: Councilmen None ABSENT: Councilmen Scott a or ATTEST fln'Ju~e / -:/J?();jf'i/dd.y ~ City CierI< . 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, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 10990 ,and that the same has not been amended or repealed. DATED ( seal) City Clerk CC-660 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 1982-83 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 BILINGUAL PAY 2.10 HEALTH AND WELFARE 2.11 RETIREMENT 2.12 HOLIDAYS 2.13 VACATION AND SICK LEAVE 2.14 LEAVE OF ABSENCE 2.15 MILITARY LEAVE 2.16 JURY DUTY 2.17 DEFERRED COMPENSATION 2.18 INCENTIVE BONUS PROGRAM 2.19 UNIFORMS 3.01 PROHIBITED PRACTICES 3.02 TERM AND EFFECT OF MEMORANDUM OF UNDERSTANDING 3.03 SAVINGS CLAUSE <<-/01;7& 1. 01 PREAMBLE This Memorandum of Understanding is entered into by the City Manager of the 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 representative for the employees in the City of Chula vista who are employed in the following classifications: Accountant Account Clerk 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 Clerk I Clerk II Communications Operator Community Development Specialist Community Service Officer Computer Operator Computer Programmer Computer Programmer/Operator Construction Specialist I Construction Specialist II Custodian I Custodian II Data Entry Operator I Data Entry Operator II Electronics Technician Engineering Aide Engineering Technician I Engineering Technician II Engineering Technician III Environmental Review Coordinator Equipment Mechanic I Equipment Mechanic II Equipment Operator Evidence Technician Fire Inspector Housing Rehabilitation Specialist Junior Accountant f--Itlff() Kennel Attendant Landscape Planner Legal Secretary Librarian Library Clerk I Library Clerk II Library Data Entry Operator Library Page I Library Page II Library Technician Maintenance Gardener I Maintenance Gardener II Maintenance Gardener III Maintenance Worker I Maintenance Worker II Offset Duplicating Operator I Offset Duplicating Operator II Park Maintenance Supervisor I Park Warden 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 Pool Manager Programmer/Analyst Property Clerk Public Works Supervisor I Pump Maintenance Mechanic Recreation Supervisor Revenue and Recovery Officer Risk Analyst Secretary I Secretary II Senior Account Clerk Senior Animal Control Officer Senior Construction Specialist Senior Electronics Technician Senior Equipment Mechanic Senior Librarian Senior Lifeguard Senior Maintenance Worker Senior Pump Maintenance Mechanic Senior Recreation Leader Senior Traffic Devices Technician Senior Tree Trimmer Storekeeper Supervising Custodian Survey Party Chief t- / rJY9tJ Traffic Devices Helper Traffic Devices Technician Traffic Painter Transit Analyst 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 legis- lative or managerial policy. The exclusive rights of the City shall include, but not be limited to, the right to: Establish, plan for, and direct the work force toward the organizational goals of the City government. Determine the organization, and the merits, necessity and level of activity or service provided to the public. Determine the City budget. Establish, regulate and administer a merit or civil service system which provides for all types of personnel transactions, including, but not limited to, determining the procedures and standards for the hiring, promotion, transfer, assignment, layoff, retention, and classifi- cation of positions in accordance with the City Charter, Civil Service Rules, and established personnel practices. Discipline or discharge employees. Determine the methods, means, numbers, and kinds of personnel, and the job or position content required to accomplish the objectives and goals of the City. Subcontract out various services currently performed by City work force when such actions will result in cost savings to the City. Effect a reduction in authorized positions. Take actions necessary to carry out the mission of the City in emergencies and in other situations of unusual or temporary circumstances. Continue to exercise efficient and productive management practices consistent with Federal and State laws and in compliance with the City Charter and City ordinances. ~~ffl 1.04 CVEA RIGHTS I. Authorized representatives of the CVEA may be allowed reasonable access to unit employees during working hours for the purpose of consulting regarding the employer- employee relationship, provided that the work operation and service to the public are not impaired and the authorized representatives shall have given advance notice to, and been granted authorization by, the department head or his designated representative when contacting unit employees during the duty period of the employees. The department head or his designee shall determine the appropriate time for such access. II. The Association may be granted use of City facilities by the appropriate appointing authority for meetings com- posed of unit employees, provided such meetings are held outside regularly scheduled working hours for the group which is meeting, and provided space can be made available without interfering with the City needs. III. A reasonable amount of space shall be provided to the Association on City bulletin boards for legitimate com- munications with members. Copies of such communications shall be furnished to the City Manager's Office. IV. The City of Chula Vista will bill CVEA $.10 per member per pay period for the full costs incurred for dues deduction on behalf of CVEA. 2. 01 WAGES I. Effective September 3, 1982, the City will pay 6% towards the employee's contribution to PERS. Represented employees will be reimbursed in lump sum for the 6% PERS payments already made for the period between July 9, 1982 through September 2, 1982. Said payment will be made with the payroll distributed September 9, 1982. II. In addition to the 6% PERS payment referred to in I above, and based on several factors including comparison with other agencies, the following classifications shall receive salary adjustments as indicated below beginning July 9, 1982: Classification % of Special Increase Account Clerk Administrative Clerk Administrative Secretary Animal Control Officer Clerk I Clerk II 3.7 1.4 5.8 3.0 2.5 2.5 ff-/tJff{J Custodian I 2.0 Custodian II 2.0 Engineering Technician I 2.3 Engineering Technician II 2.3 Engineering Technician III 2.3 Legal Secretary 5.8 Librarian .7 Maintenance Gardener I 2.7 Maintenance Gardener II 2.7 Maintenance Gardener III 2.7 Maintenance WOrker I 2.7 Maintenance Worker II 2.7 Personnel Benefits Claims Clerk 2.5 Secretary II 5.8 Senior Account Clerk 3.7 Senior Animal Control Officer 3.0 Senior Librarian .7 Sr. Maintenance Worker 2.7 Supervising Custodian 2.0 Word Processing Supervisor 5.8 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. III. Distribution of paychecks shall be done only on regular paydays except in an emergency, when employees may receive their check on a day other than a regular payday if a memo is directed from the Department Head to the Finance Officer justifying the request. IV. All classifications represented by CVEA may receive a maximum of two weeks vacation pay in advance. Vacation pay in advance will be made on a regular payday provided the employee notifies the Finance Department ten working days prior to the payday on which payment is desired. 2.02 SHIFT DIFFERENTIALS I. In addition to their regular salary, unit employees shall receive extra compensation of up to $25.00 per biweekly pay period under the conditions listed below. Under no circumstances shall an employee receive compensation for more than one of these conditions during 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 split by two or more consecutive hours for a majority of a pay period. It- /CfftJ (C) When regularly scheduled shifts result in split weekend shifts which do not allow for two consecutive days off. (D) For an approved long-term work schedule of regular rotation through all work shifts in a twenty-four hour operational activity. II. A night shift differential shall not be paid for standby duty. 2.03 PROTECTIVE CLOTHING AND TOOL ALLOWANCE I. Protective Clothing Protective clothing will be available for use to all employees where required by the City. II. Tool Allowance Employees in the classifications of Equipment Mechanic I, Equipment Mechanic II, and Senior Equipment Mechanic are eligible to receive reimbursement for initial purchase or replacement of approved tools up to an average of $135 per fiscal year per employee. Reimbursement for such tools shall only be made for tools directly determined to be related to the employee's job responsibilities by the Equipment Maintenance Superintendent. Employees must receive prior approval of the Equipment Maintenance Super- intendent before making purchases of tools and equipment deemed necessary. All tools purchased under this provision become the sole property of the employee. Based on this concept, it is possible that one employee may receive $150 and another $120, depending on individual need. 2.04 MILEAGE REIMBURSEMENT Employees in this unit shall be subject to the City's mileage reimbursement program when required to use their private auto- mobile for authorized City business. 26~ per mile - first 200 miles 24~ per mile - next 300 miles 22~ per mile - over 500 miles ~/~~ 2.05 TUITION REIMBURSEMENT - SECTION DELETED Reimbursement for tuition is now provided for in Section 2.10 Health and Welfare. 2.05 WORK WEEK The normal work week shall consist of 80 hours during each 14 calendar days coinciding with the City pay period. 2.06 OVERTIME I. Definition - Whenever an employee is ordered, because of an emergency or in the interest of the efficiency of their department, to render overtime service beyond the normal work week delineated for their classification, they shall be granted compensatory time or overtime pay at the rate of one and one half times their regular 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. 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 while 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 regular hourly rate or accum- ulated at regular 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 paid or receive compensatory time of at least one hour minimum at one and one half times the basic rate of pay, or the hours actually worked. Time worked over the scheduled shift that is less than 15 minutes shall be disregarded and may not be accumulated for payor compensatory purposes. ~~/OffJ 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 $20 bonus in addition to actual overtime worked. However, the callback bonus will only apply when the employee has not been notified of the callback prior to leaving the worksite. 2.08 STANDBY I. Definition - Standby duty is defined as that period of time assigned by the appointing authority, in addition to the employee's normal work week 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. II. Application - In addition to their regular salary, employees shall be compensated at the rate of $45 addi- tional pay for each full biweekly pay period while assigned to standby duties. 2.09 BILINGUAL PAY Those employees who, upon recommendation of the department head, approval of the Personnel Department and City Manager, and suc- cessful completion of a Bilingual Performance Evaluation, are regularly required to use their bilingual skills in the per- formance of their duties will receive $25 a month in addition to their regular pay. 2.10 HEALTH AND WELFARE I. Cafeteria Style Benefit Plan A. Description of Program - Effective July 9, 1982, each represented member will be entitled to receive $1,020 during FY 1982-83 bo be used solely for defined employee benefits. With a cafeteria system, employees select or .purchase. benefits from a group of available optional programs. Some benefits have a dollar cost and in other instances employees purchase desired benefits until the allocated benefit allowance ($1,020) has been expended. Payroll deductions can only be made to purchase benefits in excess of the total benefit allowance for employee dependents. coverage. (For example, if an employee utilizes the entire $1,020 for employee health, dental and eye reimbursement or tuition reimbursement, 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 total benefit allowance ($1,020), there will be no cash payout of the remaining balance. R~/()ff~ B. Content of Program - The Cafeteria Benefit Plan will consist of one mandatory selection and additional optional selections, subject to the limitations in A above. 1. Mandatory Selection - Hospital, Medical and Life Benefits (Employee) Each represented employee must select one of the two medical plans (designated Travelers Comprehensive Medical Expense Benefit Plan or the approved Kaiser Plan) offered by the City for health protection. Employee coverage includes a $3,000 group ter. life policy. 2. Optional Selections (subject to limitation in I) - a. Hospital/Medical Care Benefits (Dependents) Each represented employee may select either the designated Travelers Comprehensive Medical Expense Benefit Plan or the approved Kaiser Plan to provide full 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 mat purchase additional group life insurance fram the City s designated broker in addition to the $3,000 group ten. life insurance provided by the City under 11 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 $1,020 total allocation. (For example, if an employee desires to receive reimbursement for tuition totaling $700, the maximum reimbursement allowable would be $660, due to the mandatory $360* cost of the Employee Health Insurance. (1) Vision and Dental Each represented employee may apply any remaining portion (after mandatory costs are paid) to vision and dental costs on a reimbursement basis. Employees re.ain free to be attended by professional eye or dental personnel of their own choosing. *cost of employee health insurance shown for illustration only ffro/j990 (2) Tuition Reimbursement Employees may select to receive re~ursement for professional or technical courses directly related to career development. Employees must obtain approval of the department head and the Director of Personne1 prior to enrollment in the desired course. (3) Professional Enrichment Employees may select to receive reimbursement for professional and technical related activities (including cost of seminars, conferences, professiona1 related dues, job related books, etc.) that wi11 contribute to the employee's professional growth. Reimbursement for non job related dues or technica1 publications are not included. Employees must receive prior authorization and approva1 of hisjher 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 rebDbursement 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. II. Additional Benefit Long-Term Disability - The City agrees to contribute the amount necessary to provide long-term disability protection for each employee represented by CVEA in accordance with the following: The plan will include a sixty (60) day waiting period, a maximum benefit of 60% of salary up to $2,SOO/month, and is subject to the provisions of existing applicable insurance and retirement plans. 2.11 RETIREMENT The City shall continue to contract for the 2% at 60 retirement for miscellaneous employees as provided for under the Public Employees Retirement System. The PERS 1959 Survivors Benefit employee premium cost of $2.00 per month will be paid by the City. ~~~ 2.12 HOLIDAYS I. Hard Holidays (Includes represented Library employees who work traditional Monday-Friday work week) - During the term of this agreement, the recognized holidays are: Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Christmas New Year1s Day Memorial Day City Offices Closed July 4, 1982 September 6, 1982 November 25, 1982 November 26, 1982 December 25, 1982 January 1, 1983 May 30, 1983 7/5/82 9/6/82 11/25/82 11/26/82 12/24/82 12/31/82 5/30/83 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: Independence Day Labor Day Thanksgiving Day Day After Thanksgiving Christmas New Year1s Day Memorial nay Library Closed July 4, 1982 September 6, 1982 November 25, 1982) November 26, 1982) December 25, 1982 January 1, 1983 May 30, 1983 7/3, 7/4, 7/5/82 9/4, 9/5, 9/6/82 11/25 & 11/26/82 12/24,12/25,12/26/82 12/31/82, 1/1,1/2/83 5/28, 5/29, 5/30/83 It is further understood and agreed that Library Administration will develop a work schedule for represented Public Service and Circulation eap10yees that will ensure that no employee will be required to work more than twenty-four (24) hours during Thanksgiving week. 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 - In those cases where employees are 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 employees shall be granted compensation for such overtime at one and one half times their regular hourly rate. ff- / cP9f? () IV. Floating Holidays (A) Amount - Effective the first pay period in July 1982, employees shall be credited with eight (8) hours floating holiday time each for Lincoln's Birthday, Wash- ington's Birthday, Admission Day, and Veterans 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 the City service will be charged for such time. Employees who do not use their floating holiday time before June 30 of a fiscal year will lose such time. The smallest unit of time chargeable to floating holiday time is one half hour. 2.13 VACATION AND SICK LEAVE I. Definition - For the purpose of this section, the following definitions shall apply: (A) "Continuous service" means City service unin- terrupted by separation. (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 without pay not to exceed 14 calendar days and leave of absence not to exceed one year for which Workers Compensation is paid. II. Vacation (A) Vacation Accrual - Continuous service: Each em- ployee 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: fP - / j Y7(J (1) Employees will accrue 10 working days during the first year of service. This benefit will be accumulated at the rate of 3.07 working hours for each full biweekly pay period of service performed. Eligibility to apply for accrued vacation will be effective on the employee's six month anniversary date. Any employee who elects to use vacation accruals and subsequently leaves City service prior to the completion of one year will be charged for such vacation. There will be no payoff of any vacation benefits if termination occurs prior to one year. (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 accum- ulated 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 accum- ulated 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 year of service. This benefit will be accum- ulated 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 became effective at the beginning of the pay period closest to the actual date of change. (B) Each employee who has had continuous part-time active service of 1040 hours or more throughout the year previous to that in which vacation is requested shall be entitled in each year to an annual vacation with pay. The number of working days of such annual vacation shall be computed on the basis set forth in Section (A) (1) and shall be in the proportion that such part-time employment bears to full-time employment. .ff --- /()Y~?J Each employee who has completed twelve months continuous part-time active service of 1040 hours or more, but who has not had continuous part-time active service through- out the year previous to that in which vacation is requested, shall be entitled to a vacation with pay. The number of working days of such vacation shall be computed on the basis set forth in Section (A) (1) and shall be in the proportion that such part-time employment bears to full-time employment. (C) Payment Upon Separation - At the time an employee who has served continuously for at least twelve months is separated from the City service, whether voluntarily or involuntarily, he/she shall be granted all of the unused vacation to which he/she is entitled based upon his/her active service in prior years, and in addition, he/she shall be granted vacation based upon the length of his/her active service during the year in which the separation occurs and computed on the basis set forth in Section (A) (1). 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) Intermittent Service - After twelve months subse- quent to the date of first employment by the City, each employee who has served intermittently shall be entitled in each year to vacation computed in the manner set forth in Section (A) (1), provided that such employee shall have worked at least 180 days in the preceding year before he/she shall become eligible for such vaca- tion. To receive vacation for intermittent service, the employee must work for the City during the year in which vacation is due, and while so working, must submit the proper request for vacation to the department or depart- ments in which it was earned. Accumulative vacation privileges shall not be allowed for intermittent service. (E) 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 accumula ted . '"J /(- /tJf9tJ 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 dis- ability injury or illness of the employee or members of his/her immediate family. (B) Sick Leave Accrual - Computation of sick leave: Sick leave with pay is cumulative at the rate of 3.68 working hours for each biweekly pay period of service, 96 hours annually, beginning at the time of full-time probationary employment. A person who has held a position with temporary or interim status and is ap- pointed 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 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 dis- cretion, require a doctor's certificate and/or a personal sworn affidavit verifying the nature, severity and cause of the disabling injury or illness of the employee in order to determine eligibility for sick leave. If an employee is to be required to furnish a doctor's certificate, the employee shall be notified by his/her supervisor that a doctor's certificate shall be required when the employee notifies the City that he/she will be absent by reason of illness or disability. (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 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 the actual time used not to exceed five (5) calendar days. Paid leave of absence for family death shall be charged to sick leave. !?-/OCJ9t7 (G) Sick Leave Reimbursement - (1) Employees using four (4) days of sick leave, or less, during the fiscal year, shall have the option of converting twenty-five percent (25%) of their remaining yearly sick leave to pay. (2) Pay shall be computed based on the following schedule and all computations shall be rounded to the nearest whole hour: Remaining Yearly Sick Leave Pay Option (25%) 12 days 3 days 11 days 2 days, 6 hrs. 10 days 2 days, 4 hrs. 9 days 2 days, 2 hrs. 8 days 2 days 7 days or less 0 (3) If the pay option is selected, the paid sick leave hours shall be subtracted from the employee's accumu- lated yearly sick leave balance. The remaining sick leave hours shall be carried over and accumulated. (Example: Employee uses 4 days sick leave. He/she then elects to receive pay for 25% of remaining days, or 2 days. The 2 days are subtracted from his/her remaining yearly sick leave and the other 6 days are added to the employee's accumulated sick leave balance.) (4) Payment will be made during the month of July of each year. Pay will be computed based on the employee's salary step on June 30. (5) Payment will be made only to employees on the payroll twelve consecutive months prior to the payoff calculation. Permanent employees who retire during the fiscal year will be compensated under this plan based upon their formal retirement date. Prorated payment 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. 1Y-/Cf?C 2.14 LEAVE OF ABSENCE An employee who is mentally or physically incapacitated to perform his/her duties, or who desires to engage in a course of study that will, in the judgment of the City, increase his/her usefulness on his/her return to the classified service, or who, for any reason considered to be in the best interest of the City government by the appointing authority and the Director of Personnel, desires to secure leave from his/her regular duties may, on written request, subject to the recommendation of the department head and the Director of personnel, and with the approval of the City Manager, be granted leave of absence without 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 writing stating the reasons why, in his/her opinion, the request should be granted, the date when he/she desires the leave to begin, and the probable date of his/her return. For each leave without pay, the Director of Personnel shall determine whether the employee granted such leave shall be entitled to his/her former position on his/her return from such leave or whether his/her name shall be placed on the reinstatement list for the class as provided for in the Civil Service Rules. If a request for leave is denied, a copy of such request and the reasons for denial shall be sent to the Civil Service Commission. 2.15 MILITARY LEAVE Military leave shall be granted in accordance with the provisions of applicable State and Federal laws (California Military and Veterans Code). 2.16 JURY DUTY Jury service or examination leave may be allowed for all full-time probationary or permanent status employees who are required by Court Order to attend court as a prospective juror or serve as a juror, upon immediate presentation of written proof of the exact period of their required attendance or service to the department head and the Director of Personnel. Employees shall receive full pay during the period of such leave provided the money, except mileage and subsistence allowance, which they receive as a juror is deposited with the Director of Finance for credit to the proper fund. 2.17 DEFERRED COMPENSATION CVEA members shall be eligible to participate in the City's approved deferred compensation plan administered by Great Western. R-/o~~~ 2.18 INCENTIVE BONUS PROGRAM The City agrees to continue for one year the Bonus Incentive Plan as adopted by the City Council. 2.19 UNIFORMS The following classifications will wear uniforms supplied and maintained by the City. Three uniform changes will be made available to each employee each week; however, 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 the uniform's replacement unless employee can show non-negligence on employee's part. Construction Specialist I Construction Specialist II Custodian I Custodian II Electronics Technician Equipment Mechanic I Equipment Mechanic II Equipment Operator Maintenance Gardener I Maintenance Gardener II Maintenance Gardener III Maintenance Worker I Maintenance Worker II Park Maintenance Supervisor I Park Warden Parking Meter Attendant Public Works Supervisor I Pump Maintenance Mechanic Senior Construction Specialist Senior Electronics Technician Senior Equipment Mechanic Senior Maintenance Worker Senior Pump Maintenance Mechanic Senior Traffic Devices Technician Senior Tree Trimmer Storekeeper Supervising Custodian Traffic Devices Technician Traffic Painter Tree Trimmer 3.01 PROHIBITED PRACTICES I. CVEA pledges it shall not cause, condone or counsel its unit members or any of them to strike, fail to fully and faithfully perform duties, slow down, disrupt, impede or otherwise impair the normal functions and procedures of the City. p-/~~o II. Should any unit employees during the term of this Memorandum of Understanding breach the obligations of Paragraph I, the City Manager or his designee shall immediately notify CVEA that an alleged prohibited action is in progress. III. CVEA shall forthwith, and in any event, within eight working hours disavow said strike or other alleged prohibited action, shall advise such members orally and in writing to immediately return to work and/or cease the prohibited activity and provide the City Manager with a copy of its advisenent or, alternatively, accept the responsibility for the strike or other prohibited activity. IV. If CVEA disavows the prohibited activity and takes all positive actions hereunder in good faith, the City shall not hold CVEA financially or otherwise responsible. The City may impose 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. 3.02 TERM AND EFFECT OF MEMORANDUM OF UNDERSTANDING I. This Memorandum of Understanding shall remain in full force and effect from July 1, 1982 up to and including 12:00 midnight of June 30, 1983. This agreement shall continue in effect year by year unless one of the parties notifies the other in writing no later than March 1, 1983 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 sixty days prior to the expiration of this agreement. ?/OfltY II. This MOU fully and completely incorporates the understandings of the parties hereto for the full term of this agreement, constituting the sole and entire understanding between the parties. All previous terms, conditions and understandings and past practices are hereby specifically repealed and rejected unless explicitly set forth herein. It is further understood, however, that nothing herein prohibits the parties from changing and amending the terms of this MOU during the period of its effectiveness by further consultations or meet and confer sessions by mutual agreement. For example, matters subject to Meyers-Milias-Brown which are not covered in the MOU, may be acted upon by the City unilaterally after meeting and conferring with affected employee groups. Nothing contained herein shall affect rights and privileges of parties as established by the laws of the State of California, as contained in the Government Code of the State of California under those provisions known as the Meyers-Milias-Brown Act, unless specifically referred to herein. III. The provisions of this Memorandum of Understanding shall be subject to Federal, State and local law. IV. If at any time during the term of this agreement, through causes beyond the control of the City, the City does not receive substantial sums of anticipated budgeted revenues by reason of governmental or court action, then, in such event, the City reserves the right, with mutual agreement of CVEA, to reopen this Memorandum of Understanding and to meet and confer on all existing or new employment benefits provided herein. This section, however, in no way affects the existing right of the City to layoff employees. 3.03 SAVINGS CLAUSE If any article or section of this Memorandum of Understanding shall be held invalid by operation of law or by any tribunal or competent jurisdiction or if compliance with or enforcement of any article or section shall be restrained by such tribunal, the remainder of this agreement shall not be affected thereby. The parties shall if possible meet and confer or meet and consult as the case may be for the purpose of arriving at a mutually satisfactory replacement for such article or section. 1f-/tJP~t? CVEA E. R. Asmus, Asst. Chief Negotiator Ci ty of Chula vista