HomeMy WebLinkAboutReso 1982-10991
RESOLUTION NO. 10991
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 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 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 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 "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 Exhibit "A" for fiscal
year 1982-83.
Presented by
Approved a.s ._to form by
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E. R. Asmus, Ass1stant
City Manager
George D. Lindberg, City
Attorney
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this ?Llth
9~ 2 , by the following vote, to-wit:
day of
August
AYES: Councilmen Moore, McCandliss, Cox, Malcolm
NAYES: Councilmen None
ABSTAI N: Councilmen None
ABSENT: Councilmen Scott
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. 10991
,and that the same has not been amended or repealed.
DATED
City Clerk
( seal)
CC-660
Reviewed and approved 8/20/82
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- S a e anson. WeE
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
1982-1983
1.01 PREAMBLE
1.02 RECOGNITION
1.03 CITY RIGHTS
1.04 W.C.E. RIGHTS
2.01 WAGES
2.02 OUT OF CLASS ASSIGNMENT
2.03 EXTRAORDINARY SERVICE
2.04 DEFERRED COMPENSATION
2.05 MILEAGE REIMBURSEMENT
2.06 WORKWEEK
2.07 OVERTIME
2.08 CALLBACK
2.09 BILINGUAL PAY
2.10 EMPLOYEE BENEFITS
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 CAREER ADVANCEMENT
2.18 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 PREAMBLE
This MOU is entered into by the City of Chula vista, hereinafter
referred to as the "City", and the Chula vista Chapter, Western
Council of Engineers, hereinafter referred to as the "WCE".
1.02 RECOGNITION
The City recognizes the WCE as exclusive representative for the
employees in the City of Chula Vista that are employed in the
following classifications:
Associate Civil Engineer
Assistant Civil Engineer
Junior Civil Engineer
Plan Checker II
1.03 CITY RIGHTS
Nothing contained herein shall be construed to restrict any legal
or inherent exclusive City rights with respect to matters of
legislative or managerial policy.
The exclusive rights of the City shall include, but not be limited
to:
Establish, plan for, and direct the work force toward the
organizational goals of the City government.
Determine the organization, and the merits, necessity, and
level of activity or service provided to the public.
Determine the City budget.
Establish, regulate and administer a merit or civil service
system which provides for all types of personnel transactions,
including, but not limited to, determining the procedures and
standards for the hiring, promotion, transfer, assignment,
layoff, retention and classification of positions in accordance
with the City Charter, Civil Service Rules, and established
personnel practices.
Discipline or discharge employees.
Determine the methods, means, numbers and kinds of personnel,
and the job or position content required to accomplish the
objectives and goals of the City.
Subcontract out various services currently performed by City
work force when such actions will result in cost savings to the
City.
Effect a reduction in authorized positions.
Take actions necessary to carry out the mission of the City in
e~ergencies and in other situations of unusual or temporary
Clrcumstances.
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Continue to exercise efficient and productive management
practices consistent with Federal and State laws and in
compliance with the City Charter and City ordinances.
Exercise of City rights shall not breach WCE's right to meet and
consult in those areas legally required when consequences of con-
templated action may affect employees' wages and working condi-
tions.
1.04 WCE RIGHTS
WCE employees shall have the right to:
I. Be provided a reasonable amount of space on relevant
City bulletin boards for legitimate communications with
members.
II. Be granted use of City facilities by the appropriate
authority for meetings composed of WCE members, provided
such meetings are held outside regularly scheduled work-
ing 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 cleanup.
III. Be allowed reasonable access to employees of the unit at
their work locations during working hours for the pur-
pose of consulting with employees in the unit regarding
the employer-employee relationship, provided that (1)
the work of the employee and the service of the public
are not unduly impaired, and (2) the authorized repre-
sentative shall have given advance notice to the depart-
ment head or his designated representative when contact-
ing departmental employees during the duty period of the
employees. The department head shall determine the
appropriate time for such access.
IV. Designate two (2) employees plus alternates who serve as
official representatives. Such persons shall be
released from work, without loss of compensation, when
formally meeting and conferring with management
representatives on matters within the scope of
representation. One member shall also be released from
work without loss of compensation when meeting with
management representatives on matters pertaining to an
allowable grievance item.
V. Be provided, upon request, such literature and public
documents as may be necessary (i.e., City budget,
Workers Compensation benefits). A reasonable duplica-
tion charge may be made for items not normally available
for wide distribution.
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VI. The City of Chula vista shall bill WCE $.18 per member
per pay period for the full costs incurred for dues
deduction on behalf of weE.
2.01 WAGES
I. Effective the first payroll period commencing July 1982,
(July 9, 1982) classifications represented by WCE shall
be granted a salary increase of six and one quarter
percent (6.25).*
II. 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 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
WCE members who are assigned, with the approval of the department
head, the normal duties of higher level positions for more than 20
working days, will be compensated at a rate 5% above their current
salary, commencing the twenty-first working day.
2.03 EXTRAORDINARY SERVICE
The City will offer a differential of up to seven and one half
(7 1/2%) percent to those E Step employees who qualify.
Recommendation for the differential will be at the discretion of
the department head, subject to the approval of the City Manager.
The duties/productivity of the relevant individuals will be
reviewed at least every three (3) months and a determination made
regarding continuance of the differential. Unless the City
Manager authorizes continuance of the Extraordinary Service
payment quarterly, payroll will discontinue payment autaaatically.
Criteria for eligibility is as follows:
*Assistant Civil Engineer may receive five (5) percent additional
compensation for possession of a certificate of registration as a
professional Civil Engineer in the State of California.
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I. Eligibility shall be deterained by one or more of the
following criteria:
A. The represented employee has perforaed outstanding
work at his current job classification level such as
(but not limited to):
(1) Volume and/or quality of work produced greatly
exceeds noraal 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 wbich calls for a
substantial degree of greater responsibility and/or
professional expertise than his current job
classification requires and he/she is not eligible or
receiving out of class compensation.
c. The employee has developed an innovative program
that will provide substantial overall benefit or cost
savings to the department or City.
II. Implementation Procedures:
A. In addition to the annual performance report
required by Civil Service Rule V, the department head
shall, in the third month of eacb calendar quarter,
review each employee's performance to determine if any
employee should receive differential salary in the
following quarter.
B. When a department head determines that an e.ployee
is eligible to receive a differential increase, it shall
be his/her responsibility to recommend the amount of the
differential and to forward his/her recommendation to
the City Manager via the Deputy City Manager.
C. Differential salary increases shall become effective
the first pay period after City Manager approval and end
after receiving the differential for six (6) full pay
periodS unless extended as provided in Item D below.
D. Continuing Eligibility: Employees receiving a
differential salary for extraordinary service shall have
their eligibility reviewed to determine if their
eligibility should be continued for six (6) additional
pay periods as provided in Item C above.
III. Limitation - The total amount available for differential
salary increases for extraordinary service compensation
shall not exceed 2.5% of the gross salaries of all
engineers covered by the Memorandum of Understanding.
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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. WCE members who are held over their normal work
shift shall be paid 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 CALLBACK
Whenever employees are called back to work after they left the
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. (Exception: When notification to
report to work on a nonscheduled shift is given to the employee
prior to leaving the work site, it shall not constitute callback.)
2.09 BILINGUAL PAY
WCE members 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
required to continuously use their bilingual skills in the per-
formance of their duties, will receive $25 a month in addition to
their regular pay.
2.10 EMPLOYEE BENEFITS
I. Cafeteria Style Benefit Plan
A. Description of Program - Effective July 9, 1982,
each represented member will receive $1,025 during FY
1982 - 83 to be used for employee benefits. With a
cafeteria system, employees select or "purchase"
benefits from a group of available optional programs.
Each benefit has a dollar cost and employees purchase
the desired benefits until the allocated benefit
allowance ($1,025) has been expended. Benefit
selections will be made once per year. Payroll
deductions can only be made to purchase benefits in
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2.04 DEFERRED COMPENSATION
WCE members shall be eligible to participate in the City's ap-
proved Deferred Compensation Plan administered by Great Western
Savings.
WCE members have the option of placing a total of 7% of base
salary into a "deferred compensation" plan which is based upon the
employee contribution to the Public Employees' Retirement System.
Employees in this unit are advised that there may be a question as
to the practicability of such a plan and they could, as a result
of an adverse I.R.S. or judicial ruling, be ineligible for such a
plan or it may later be determined by I.R.S. that such contribu-
tions 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 Reim-
bursement Program when required to use their private automobile
for authorized City business.
26~ per mile - first 200 miles
24~ per mile - next 300 miles
22~ per mile - over 500 miles
2.06 WORK WEEK
The normal work period shall consist of 80 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 designated
in the fourteen (14) day period (0001 Friday 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
I. 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 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
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excess of the total benefit allowance for employee
dependents' coverage. (For example, if the employee
utilizes the entire $1,025 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 ($1,025),
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.
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 term life
policy.
2. Optional Selections (Subject to Limitations 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
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 may purchase additional group
life insurance from the City's designated broker in
addition to the $3,000 group term life insurance
provided 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 $1,025 total allocation. (For example, if an
employee desires to receive reimbursement for tuition
totalling $700, the maximum reimbursement allowable
would be $665, due to the mandatory $360* cost of the
Employee Health Insurance.
*cost of employee health insurance shown for illustration only
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(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 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.
(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
employee's professional growth. 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..
(4) Physical Exam
Employees may select to receive reimbursement for a
voluntary physical exam from the physician of their
choice.
(5) Miscellaneous Categories
Employees may elect to apply any remaining portion
(after mandatory costs are paid) towards the $100
Travelers deductible costs and the 20% uncovered
Travelers costs, City-approved professional membership
dues and any additional Kaiser costs above those
provided for the Travelers Plan.
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.
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2.11 RETIREMENT
The City shall provide the 2% at 60 retirement for miscellaneous
employees as provided for under the Public Employees Retirement
System.
2.12 HOLIDAYS
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, 1982
September 6, 1982
November 25, 1982
November 26, 1982
December 25, 1982
January 1, 1983
May 30, 1983
City Offices Closed
7/5/82
9/6/82
11/25/82
11/26/82
12/24/82
12/31/82
5/30/83
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 timnes their regular hourly rate.
C. If a hard holiday falls on a Saturday, the preceding
Friday shall be observed as the holiday. If a hard
holiday falls on a Sunday, the following Monday shall be
observed as the holiday.
II. Floating Holidays:
A. Amount - Effective the first pay period in July
1982, employees shall be credited with thirty-two (32)
hours floating holiday t~e, 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.
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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
uninterrupted by separation.
B. "Intermittent service" means City service inter-
rupted 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 imme-
diately followed by other time worked.
D. "Active service" includes time worked, leave of
absence without pay not to exceed 14 calendar days, and
leave of absence not to exceed one (1) year for which
Workers Compensation is paid.
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 en-
titled to an annual vacation with pay. The following
provisions shall apply:
(1) Employees will accrue 10 working days during the
first year of service. This benefit will be accumulated
at the rate of 3.07 working hours for each full biweekly
pay period of service performed. Eligibility to apply
for accrued vacation will be effective on the employee's
six month anniversary date. 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
ye a r .
(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 accumu-
lated at the rate of 3.07 working hours for each full
biweekly pay period of service performed.
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(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 accumu-
lated 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 suc-
ceeding years of service. This benefit will be accumu-
lated 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.
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 com-
puted 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, they shall be granted all of the
unused vacation to which they are entitled based upon
their active service in prior years, and, in addition,
they shall be granted vacation based upon the length of
their 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.
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D. Intermittent Service - After twelve months sub-
sequent 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 they 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
departments in which it was earned. Accumulative
vacation privileges shall not be allowed for inter-
mittent 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
accumulated.
III. Sick Leave
A. Accumulated paid sick leave credi t is to be used for
the sole purpose of protecting the employee's wages in
the event absence is made necessary because of
disability due to injury or illness of the employee or
members of their immediate family.
B. Sick Leave Accrual - Computation of sick leave:
Sick leave with pay is cumulative at the rate of 3.68
working hours for each biweekly pay period of service,
96 hours annually, beginning at the time of full-time
probationary employment. A person who has held a posi-
tion with temporary or interim status and is appointed
to a position with probationary status, without a break
in service, may have such time credited to sick leave
upon the recommendation of the department head and
Director of Personnel and with the approval of the City
Manager.
C. Maximum Sick Leave Accumulation - Unused sick leave
may be accumulated in an unlimited amount.
D. Sick Leave Use - Sick leave balances shall be
reduced for actual time not worked to the nearest
quarter hour for reasons allowable under this section.
Absence for illness may not be charged to sick leave not
already accumulated.
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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
their supervisor that a doctor's certificate shall be
required when the employee notifies the City that they
will be absent by reason of illness or disability.
F. Bereavement Leave - When an employee with permanent
status is compelled to be absent from work because of
the death of an immediate family member, an immediate
family member of the employee's spouse, or any other
person defined by the Internal Revenue Service as a
dependent, and after such employee makes written request
and receives written approval from the department 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) WCE members employed on June 30, 1979 or before and
with five (5) or more years of service before separation
from the City shall be allowed to receive twenty-five
percent (25%) payment for up to 120 days of unused sick
leave upon honorable separation from the City. The
fifty percent (50%) survivor's benefit is also to be
made available to the represented unit. (WCE members
employed on June 30, 1979 or before and with five (5) or
more years of service are not eligible for benefits
under G (2), (3), (4), (5), and (6) except for the 50%
survivor's benefit.)
(2) WCE members employed after June 30, 1979 and using
four (4) days of sick leave or less during the fiscal
year shall have the option of converting twenty-five
percent (25%) of their remaining yearly sick leave pay.
(The provisions of G (1) shall not apply to WCE members
employed after June 30, 1979.)
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(3) 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
(4) 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 then
elects to receive pay for 25% of remaining days, or 2
days. The 2 days are subtracted from his remaining
yearly sick leave and the other 6 days are added to the
employee's accumulated sick leave balance.)
(5) payment will be made during the month of July of
each year. Pay will be computed based on the employee's
salary step on June 30.
(6) Payment will be made only to employees on the
payroll twelve consecutive months prior to the payoff
calculation. Permanent employees who retire during the
fiscal year will be compensated under this plan based
upon their formal retirement date. Prorated payments
will not be made to employees who terminate during the
fiscal year. However, in the event of the death of an
individual while employed by the City, 50% of the
employee's unused, accumulated sick leave will be paid
to the appropriate beneficiary. (This section does not
apply to WCE members designated in Section G (1).
2.14 LEAVE OF ABSENCE
Employees who are mentally or physically incapacitated to perform
their duties, or who desire to engage in a course of study that
will, in the judgment of the City, increase their usefulness on
their return to the classified service or who, for any reason
considered to be in the best interest of the City government by
the appointing authority and the Director of Personnel, desire to
secure leave from their regular duties may, on written request,
subject to the recommendation of the Department Head and the
Director of Personnel, and with the approval of the City Manager,
be granted leave of absence without 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
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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.
2.15 MILITARY LEAVE
Military leave shall be granted in accordance with the provisions
of applicable State and Federal laws (California Military and
Veteran's Code).
2.16 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.
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.
2.17 CAREER ADVANCEMENT
The Junior Civil Engineer classification will be considered as
career advancement to the Assistant Civil Engineer level.
Employees will not be required to undergo a promotional exam but
will qualify for certification upon (1) fulfillment of minimum
qualifications and (2) forwarding of a positive recommendation by
tme 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.
2.18 LABOR-MANAGEMENT COOPERATION
During the term of this agreement the City agrees to explore on-
going 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.
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3.01 PROHIBITED PRACTICES
I. WCE pledges it shall not cause, condone or counsel its
unit members or any of them to strike, fail to fully and
faithfully perform duties, slow down, disrupt, impede or
otherwise impair the normal functions and procedures of
the City.
II. Should any unit employees during the term of this Memo-
randum of Understanding breach the obligations of
Paragraph I, the City Manager or his designee shall
immediately notify WCE that an alleged prohibited action
is in progress.
III. WCE shall forthwith, and in any event, within eight
working hours disavow said strike or other alleged pro-
hibited 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 Under-
standing 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.
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 thirty
days prior to the expiration of this agreement.
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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. 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 without mutual consent
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
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 em-
ployees.
3.03 AID TO CONSTRUCTION OF PROVISIONS OF MEMORANDUM OF
UNDERSTANDING
I. It is intended by the parties hereto that the provisions
of the Memorandum of Understanding shall be in harmony
with the rights, duties, obligations and responsi-
bilities 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.
II. The lawful provisions of this Memorandum of Under-
standing are binding upon the parties for the term
thereof except as herein provided.
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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 re-
mainder 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 satis-
factory replacement for such article or section.
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