HomeMy WebLinkAboutReso 1981-10509
RESOLUTION NO.
10509
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 1981-82
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the Management Negotiation Team representing the
City Manager of the City of Chula Vista, acting for and on behalf
of the City Council of the City of Chula Vista, have heretofore
met and conferred with the Chula Vista Employees Association, an
organization representing certain members of classified employees
in the City of Chula Vista, in accordance with the provisions of
Section 3500 et seq. of the Government Code of the State of
California, and
WHEREAS, the Memorandum of Understanding jointly 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 1981-82.
Presented by
~W;U
Lane F. Cole, City Manager
Approved as to form by
.'"~~(~ .
_.'T~~'
;j /
George D. Lindberg, City
Attorney
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this
23rd
day of
June
19 81 , by the following vote, to_it:
AYES: Councilmen : Gillow, Cox, McCand1 i s.s, Scott
NAYES: Councilmen : None
ABSTAIN: CoI.ncilmen : None
ABSENT: Councilmen : Mayor Hyde
~,.J;) (. 1.--
ATTESI
MAYOR PRO TEMPORE
City
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) s s.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 10509
,and that the same has not been amended or repealed.
DATED
(seal)
City Clerk
CC-660 - MpT
/b-rv)01
t.1EMORANDlM 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 1981-82
1. 01 PREAMBLE
1.02 RECOGNITION
1.03 CITY RIGHTS
1.04 CVEA RIGHTS
2.01
2.02
2.03
2.04
2.05
2.06
2.07
2.08
2.09
2.10
2.11
2.12
2.13
2.14
2.15
2.16
2.17
2.18
2.19
2.20
WAGES
SHIFT DIFFERENTIALS
PROTECTIVE CLOTHING AND TOOL ALLOWN,CE
MILEl'GE REIMBURSEMENT
TUITION REIMBURSEMENT
WORK WEEK
OVERTIME
CALL BAa<
STANDBY
BILINGUAL PAY
HEALTH AND \VELFARE
RETIREMENT
HOLIDAYS
VACATION AND SICK LEAVE
LEAVE OF ABSENCE
MILITARY LEAVE
JURY DUTY
DEFERRED COMPENSATION
INCENTIVE BONUS PROGRAM
UNIFORMS
3.01 PROHIBITED PRACTICES
3.02 TERM AND EFFECT OF MEMORANDlM OF UNDERSTANDING
3.03 SAVINGS CLAUSE
~_/O~~tJ 1
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:
Accoontant
Account Clerk
Administrative Aid
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 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 Aid
Engineering Technician I
Engineering TeChnician II
Engineering Technician III
Environmental Review Coordinator
Equipment Mechanic
Equipnent ~1echanic Helper
Equipment Operator
Evidence Technician
Fire Inspector
Housing Rehabilitation Specialist
Junior Accountant
Junior Buyer
Kennel Attendant
Landscape Planner
Legal SecretaI)'
Librarian
Library Cleft I
Library Clerk II
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 Cleft
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 Acccunt Cleft
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 Devi ces Technician
Senior Tree Trimmer
Storekeeper
Supervising Custodian
Survey Party Chief
. _. ._,_ ......... ""_>:-"'-'-'~":""":.~~;1.."'t:'.1;~u~_...~~~~'f1l.~"'6'''",_~.-
Traffic Devi ces Helper
Traffic Devices Technician
Traffic Painter
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 ta.vard
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.
1.04 CVEA RIGHTS
I. Authorized representatives of the CVEA may be allcwed
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 authoriza tion 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 $.05 per member
per pay period for the actual costs incurred for dues
deduction on behalf of CVEA.
2.01 WAGES
I. Effective the first pay period commencing in July 1981,
(July 10, 1981) classifications represented by CVEA will
be granted a salary increase of eight and one half
percent (8.5%).
II. All other payroll and wage changes, s"uch 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 $25.00 per biweekly
pay period under the following conditions:
(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.
(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. Occupations in the professional fields are not
eligible for shift differentials.
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,
Equipment Mechanic Helper, and Senior Equipment Mechanic
are eligible to receive reimbursanent 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 MI LEFGE 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
24'; per mile -
22'; per mile
first 200 miles
next 300 miles
over 500 miles
2.05 TUITION REIMBURSEMENT
Employees shall be reimbursed for up to $100 per individual per
fiscal year for the cost of tuition and books for courses directly
related to the employee's job responsibilities. Employees must
obtain approval of the department head and the Director of
Personnel to enrollment in the desired course.
2.06 WORK WEEK
The nonnal work week shall consist of 80 hours during each 14
calendar days coinciding with the City pay period.
2.07 OVERTll1E
I. Definition - \Vhenever 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 recognizi ng 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 aCOlmulated 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 aCOlmulated
for payor compensatory purposes.
2.08 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.
2.09 STANffiY
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.
2.10 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.
2.11 HEALTH AND WELFARE
I. Hospital/Medical Care Benefits (Employee) - The City
will pay the premiums for the designated Travelers
Co~rehensive Medical Expense Benefit Plan for each
eligible employee or contribute a like amount to an
approved Kaiser Plan wi th the employee paying any
excess.
II. Hospital/Medical Care Benefits (Dependents) - The City
will pay one half (1/2) the premium for dependents'
coverage for the designated Travelers Co~rehensive
Medical Expense Benefit Plan or contribute an equal
dollar amount to an approved Kaiser Plan, with the
employee paying the excess.
Beginning the first pay period in July, 1982, the City
agrees to pay the full premium costs for
hospital/medical care benefits for employees and
qualified dependents for the designated Travelers
Co~rehensive Medical Expense Benefit Plan or contribute
an equal dollar amount to an approved Kaiser Plan, with
the employee paying the excess.
III. Life Insurance - The City agrees to contribute the
amount necessary to provide each eligible employee with
$3,000 group term life insurance.
IV. Long-Term Disability - The City agrees to contribute the
amount necessary to provide long term disability pro-
tection 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 $2,500/month, and
is subject to the provisions of existing applicable
insurance and retirement plans.
2.12 RETIREMENT
The City shall continue to contract for the 2% at 60 retirement
for miscellaneous employees as provided for under the Public
E~loyees Retirement System.
2.13 HOLIDAYS
I. Hard Holidays - During the term of this agreement, the
recognized holidays that City offices will be closed
are:
Labor Day
Thanksgiving
Day after Thanksgiving
Christmas
New Year's Day
Memorial Day
September 7, 1981
November 26, 1981
November 27, 1981
December 25, 1981
January 1, 1982
May 31, 1982
(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, 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.
(C) Provision (B) will not apply to Library employees
represented by CVEA. They will observe Independence Day
(July 4, 1981) as a hard holiday when the Library will
be closed and not observe the day after Thanksgiving as
a hard holiday. Whenever a hard holiday falls on a
Library employee's regular day off, the employee will
receive 8 hours of compensatory time. It is further
provided, in recognition of Library employees' work
schedules, which generally inhibit more than two
consecutive days off, Library management will make every
effort to provide a schedule wherel::>{ Library employees
will be assisted in attaining three or four consecutive
days off whenever possible.
II. Floating Holidays
(A) Amount - Effective the first pay period in July
1981, employees shall be credited with forty (40) hours
floating holiday each for Lincoln's Birthday, Wash-
ington's Birthday, Admission Day, Columbus 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.
2.14 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 thrcughout the year previous to
that in which the vacation is requested shall be
entitled to an annual vacation with pay. The following
provisions shall apply:
(1) Employees will accrue 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 thrcugh
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) Errployees will accrue and be eligible to receive 20
working days annually {cumulative to a total leave
balance of 40 working days l dur ing 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.
(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 corrputed on the basis set forth in Section (A) {ll
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
computed on the basis set forth in Section (A) {ll and
shall be in the proportion that such part-time
employment bears to full-time employment.
(el 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 corrputed on the basis set forth in
Section (Al (ll. Where the total allowance ends with a
fraction of a day, the vacation shall be corrputed to the
nearest whole day, one half day being computed to the
next whole day.
III.
(D) Intennittent Service - After twelve months subse-
quent to th~ 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 beccme eligible for such vaca-
tion. To receive vacation for intermittent service, the
employee must work for the City dur ing 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
accumulated.
Sick Leave
(A) Accumulated paid sid< 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 detennine 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 fran 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.
(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 follONing
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 s elected, 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 conseCltive 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 teminates during
the fiscal year. However, in the event of the death of
an individual while employed by the City, 50% of the
employee's unused, accumulated sick leave will be paid
to the appropriate beneficiary.
2.15 LEAVE OF ABSENCE
An employee who is mentally or physically incapacitated to perfom
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 wri tten 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
da te of his/her return. For each leave wi thou t pay, the Director
of Personnel shall determine whether the employee granted such
leave shall be entitled to his/her fomer position on his/her
return from such leave or whether his/her name shall be placed on
the reinstatffilent 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.
2.16 MILITARY LEAVE
Military leave shall be granted in accordance with the provisions
of applicable State and Federal laws (California Military and
Veterans Code) .
2 . 17 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.
2.18 DEFERRED COMPENSATION
CVEA members shall be eligible to participate in the City's
approved deferred compensation plan administered by Great Western.
2.19 INCENTIVE BONUS PROGRAM
In an attempt to recognize employee's interest in longevity pay
plans as expressed during 1979-80 meet and confer sessions, the
City has been working to develop an incentive bonus program. In
general concept, the Bonus Program is an alternative to longevity,
intended to recognize not only the long-term employee who is
providing "consistently great" service, but also any employee
regardless of tenure. with the INCENTIVE BONUS PROGRAM, cash
bonuses or other economic and non-economic benefits would be made
available to employees who provide exceptional or innovative
approaches to City operations and/or "consistently great" service.
The details and mechanics of the program are being developed by
representatives from management and all employee associations. A-
joint reccmmendation from management and CVEA \~ill be presented to
Council prior to the completion of the 1981-82 fiscal year. Upon
approval by the City Council, the INCENTIVE BONUS PROGRAM will
become effective.
2.20 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 shew non-negligence on employee's part.
construction Specialist I
Construction Specialist II
Custodian I
Custodian II
Electronics Technician
Equipment Mechanic
Equipnent Mechanic Helper
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 Equipnent 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.
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 advisement or, alternatively, accept
the responsibility for the strike or other prohibited
activi ty.
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 ME/10RANDLM OF UNDERSTANDING
I. This Memorandum of Understanding shall remain in full
force and effect from July 1, 1981 up to and including
12:00 midnight of June 30, 1982. This agreement shall
continue in effect year by year unless one of the
parties notifies the other in writing no later than
March 1, 1982 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 Ci ty shall begin negotiations no later than sixty
days prior to the expiration of this agreement.
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 tenn 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.
~~
Chief Negotiator
~----
Negotiator
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