HomeMy WebLinkAboutCC Res 6333 2012-12-10 RESOLUTION NUMBER 6333
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING THE MEMORANDUM OF UNDERSTANDING
(MOU) BETWEEN THE CITY OF SEAL BEACH AND THE SEAL
BEACH SUPERVISORS AND PROFESSIONALS ASSOCIATION
(SBSPA) FOR THE PERIOD OF DECEMBER 10, 2012
THROUGH JUNE 30, 2016
WHEREAS, the City of Seal Beach ("City") affirms the dignity and worth of the
services rendered by its employees.
WHEREAS, the City met and collectively bargained in good faith with SBSPA
over wages, hours, and working conditions, and all respective parties reached an
agreement for the time period of December 10, 2012 through June 30, 2016; and
WHEREAS, SBSPA have accepted the terms set forth in the in the MOU.
NOW THEREFORE, the City Council of the City of Seal Beach hereby resolves:
Section 1. Approve the Memorandum of Understanding between the City and
the Seal Beach Supervisors & Professional Association (Exhibit A); and
Section 2. Direct the City Manager to execute the Memorandum of
Understanding on behalf of the City.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 10th day of December , 2012 by the following vote:
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I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6333 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council at
a regular meeting held on the 10th day of December , 2012.
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Adopted by Resolution No. 6333
EXHIBIT B
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SEAL BEACH SUPERVISORS &
I PROFESSIONALS ASSOCIATION
MEMORANDUM OF UNDERSTANDING
ADOPTED: December 10, 2012
EXPIRES: JUNE 30, 2016
I
Resolution Number 6333 SBSPA
TABLE OF CONTENTS
SECTION 1: RECOGNITION 4
SECTION 2: CITY RIGHTS
Rights/Responsibilities 5
SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY
INSURANCE
A. Health Insurance Coverage 6
B. Life Insurance 7
C. Income Continuation 7
SECTION 4: RETIREMENT HEALTH INSURANCE 7
SECTION 5: SICK LEAVE 8
SECTION 6: BEREAVEMENT LEAVE 8
SECTION 7: VACATION TIME 8 1
SECTION 8: HOLIDAYS 10
SECTION 9: RETIREMENT 11
SECTION 10: OVERTIME AND CALL OUT PAY 11
SECTION 11: COMPENSATORY TIME OFF 12
SECTION 12: PROVISIONAL APPOINTMENTS 12
SECTION 13: SENIORITY BONUS 12
SECTION 14: AUTOMOBILES AND MILEAGE 12
SECTION 15: ADMINISTRATIVE LEAVE 12
SECTION 16: LIMITATIONS 12
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Resolution Number 6333 SBSPA
SECTION 17: DEFERRED COMPENSATION 13
SECTION 18: BILINGUAL COMPENSATION 13
SECTION 19: WORK SCHEDULE 13
SECTION 20: TUITION REIMBURSEMENT 13
SECTION 21: COMPENSATION PLAN
A. Basic Compensation Plan 14
B. Advancement within Salary Ranges 14
C. Salary Increases 15
D. Salary Decreases 15
E. Adjustments of Salary Ranges 15
F. Salary and Benefits on Suspension 15
G. Salary Adjustments During Term of MOU 15
SECTION 22: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay 16
B. Military Leave of Absence 16
C. Pregnancy Disability Leave of Absence 17
D. Family Leave 17
E. Catastrophic Leave 17
SECTION 23: MISCELLANEOUS
Lay-off 18
SECTION 24: TERM 18
SECTION 25: APPEALS 18
SECTION 26: REOPENER 18
SECTION 27: RATIFICATION 18
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Resolution Number 6333 SBSPA
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SEAL BEACH
AND
SEAL BEACH SUPERVISORS & PROFESSIONALS
ASSOCIATION
I
SECTION 1: RECOGNITION
A. Pursuant to the provisions of Employee-Employer Relations Resolution
5242, as amended, the City of Seal Beach (hereinafter called the "City" and/or
"Employer" and/or "Management" interchangeably) has recognized for the
purpose of this Memorandum of Understanding (MOU), the Seal Beach Chapter
of the Supervisors and Professionals Association (SBSPA), an association of
employees of the City of Seal Beach, hereinafter referred to as "Association".
B. The City recognizes the Association as the representative of the
employees in the classification and assignments set forth in Section 21.G below
for the purpose of meeting its obligations under this MOU, the Meyers-Milias-
Brown Act, Government Code Section 3500 et seq., when City rules, regulations,
or laws affecting wages, hours and/or other terms and conditions of employment
are amended or changed.
C. The City agrees that the recognized representatives of Association not to
exceed 4 in number shall be entitled to meet and confer with City during said
recognized representatives' normal working hours without suffering any loss in
pay while absent from the duties for such purpose. City also agrees that such
representatives may utilize a total of not more than 3 hours per year without
suffering any loss in pay for such absence for the purpose of meeting with
employees who are members of Association and/or other officers of Association.
D. City recognizes Association's right to appoint or elect representatives to
meet and confer with City's management representatives on salaries, wages, and
terms and conditions of employment. Association agrees to notify City in writing
as to the identity of the representatives and of subsequent appointments, if any.
Association and City agree that employees appointed or elected as Association
representatives shall be required to work full time.
E. It is recognized and agreed that no Association business and/or meetings
will be conducted and/or attended by employees of City during their respective
hours of duty and work unless specified herein.
F. Representatives and/or officers of Association shall not interrupt the work
of any employee of City at any time to conduct business or other matters
connected with Association without prior consent of Management.
G. This document supersedes all prior Memoranda of Understanding and
verbal agreements between the parties hereto.
H. The City agrees to deduct from the paycheck of all employees who submit
authorization cards and are covered by this MOU voluntary contributions to
Democrat, Republican, and Independent Voter Education (D.R.I.V.E.).
D.R.I.V.E. shall notify the City of the amounts designated by each contributing
employee that are to be deducted from his/her paycheck on a weekly basis for all
weeks worked. The phrase "weeks worked" excludes any week other than a
week in which the employee earned a wage. No such authorization shall be
recognized if in violation of State or Federal law. No deduction shall be made
which is prohibited by applicable law. The City shall transmit to:
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Resolution Number 6333 SBSPA
D.R.I.V.E.
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, D.C. 20001
SECTION 2: CITY RIGHTS
A. Rights/Responsibilities - This City reserves, retains and is vested with
solely and exclusively, all rights of management which have not been expressly
abridged by specific provisions of this MOU or by law to manage the City, as such
rights existed prior to the execution of this MOU. The sole and exclusive rights of
management, as they are not abridged by this Agreement or by law, shall include
but not be limited to, the following rights:
1. To manage the City generally and to determine the issues of policy.
2. To determine the existence or nonexistence of facts which are the
basis of the management decision(s).
3. To determine the necessity and organization of any service or activity
conducted by the City and expand or diminish services.
4. To determine the nature, manner, means and technology and extent
of services to be provided to the public.
5. To determine methods of financing.
6. To determine types of equipment or technology to be used.
7. To determine and/or change the facilities, methods, technology,
means, organizational structure and size and composition of the work force and
allocate and assign work by which the City operations are to be conducted.
8. To determine and change the number of locations, relocations, and
types of operations, processes and materials to be used in carrying out all City
functions including, but not limited to, the right to contract for or subcontract any
work or operation of the City.
9. To assign work to and schedule employees in accordance with any
requirements set forth in this MOU, and to establish and change work schedules
and assignments upon reasonable notice insofar as such changes do not conflict
with this MOU.
10. To layoff employees from duties because of lack of work or funds, or
under conditions where continued work would be ineffective or non-productive.
11. To establish and modify productivity and performance programs and
standards.
12. To discharge, suspend, demote, reprimand, withhold salary increases
and benefits, or otherwise discipline employees for cause.
13. To determine minimum qualifications, skills abilities, knowledge,
selection procedures and standards, job classifications and to reclassify employees
in accordance with this MOU and applicable resolutions and codes of the City.
14. To hire, transfer, promote and demote employees for non-disciplinary
reasons in accordance with the MOU and applicable resolutions and codes of the
City.
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Resolution Number 6333 SBSPA
15. To determine policies, procedures and standards for selection,
training and promotion of employees in accordance with this MOU and applicable
resolutions and codes of the City.
16. To establish reasonable employee performance standards including
but not limited to, quality and quantity standards and to require compliance
therewith.
17. To maintain order and efficiency in its facilities and operation.
18. To establish and promulgate and/or modify rules and regulations to
maintain order and safety and which are not in contravention with the Agreement.
19. To restrict the activity of an employee organization on municipal
property and on municipal time except as set forth in this MOU.
20. To take any and all necessary action to carry out the mission of the
City in emergencies.
B. Where the City is required to make changes in its operations because of the
requirements of law, whenever the contemplated exercise of City Rights shall
impact the wages, hours and other terms and conditions of employment of the
bargaining unit, the City agrees to meet and confer in good faith with
representatives of the Association regarding the impact of the contemplated
exercise of such rights prior to exercising such rights, unless the matter of the
exercise of such rights is provided for in this MOU.
SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY
INSURANCE
A. Health Insurance Coverage
1. The City shall contribute to the cost of medical coverage for each
eligible employee and his/her dependents, an amount not to exceed the California
Public Employees' Medical and Hospital Care Act (PEMHCA) minimum
contribution. For calendar year 2013, CaIPERS has established the minimum
PEMHCA contribution at $115 per month per employee.
2. The City shall contribute an equal amount towards the cost of medical
coverage under PEMHCA for both active eligible employees and eligible retirees.
3. The City shall implement a full flex cafeteria plan for eligible
employees in accordance with the criteria provided to the Association during
negotiations. For employees participating in the City's cafeteria plan, each
employee shall receive a monthly flex dollar allowance to be used for the purchase
of benefits under the cafeteria plan. Beginning January 1, 2013, the monthly flex
dollar allowance shall be:
For Employee only $705.10/month
For Employee and 1 dependent $1,089.60/month
For Employee and 2 or more dependents $1,409.06/month
4. A portion of the monthly flex dollar allowance is identified as the City's
contribution towards PEMHCA. Thus, for example, in calendar year 2013, an
employee only monthly flex dollar allowance is $705.10, of that $705.10; $115 has
been designated by the City as its required PEMHCA contribution to CaIPERS.
The monthly flex dollar allowance may only be used in accordance with the terms of
the City's cafeteria plan.
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Resolution Number 6333 SBSPA
5. Effective January 1, 2014, and every January 1st during the term of
this agreement, the City shall increase the contribution amounts above by the
average percentage of increase for basic plans published by CaIPERS which sets
health insurance premiums for the coverage year.
6. Employees meeting the waiver criteria and electing to waive
enrollment in the City's cafeteria plan are eligible to receive $310 per month (upon
showing proof of medical insurance coverage under an alternative plan). Election
forms are available in the Human Resources.
7. Full-time employees covered by this MOU who have completed 30
days of uninterrupted service shall be enrolled in the cafeteria plan on the first day
of the next succeeding month.
8. Employees who change classification from full-time to part-time
provisional, hourly or seasonal shall not be eligible for participation in the cafeteria
plan.
9. City shall not contribute to the cafeteria plan for any employee during
any month the employee is on leave of absence without pay or who is absent from
regular duties without authorization, for a full calendar month. City shall contribute
to the cafeteria plan for eligible employees receiving temporary payments from
Workers Compensation Insurance.
B. Life Insurance
Employees covered by this agreement shall receive a $50,000 term life
insurance policy paid by the City. Said insurance shall become effective after the
employee has completed 30 days of uninterrupted service with said employee to
be enrolled in the program on the 1st day of the next succeeding month.
C. Income Continuation
Employees covered by this Agreement shall receive a policy to provide for
income continuation of 66.67% of the employee's monthly salary, up to a
maximum of $5,000 per month, whichever is lesser. Said insurance shall
become effective after the employee has completed 30 days of uninterrupted
service with said employee to be enrolled in the program on the 1st day of the
next succeeding month. Said income continuation shall commence on the 31st
day of sickness or other bona fide absence or upon expiration of sick leave,
whichever occurs later, and continuing thereafter while the employee is absent
from work for a period of up to age 65.
SECTION 4: RETIREMENT HEALTH INSURANCE
A. Employees covered by this Agreement shall have the option upon
retirement, to continue participation in the City's health insurance program at the
employee's expense.
B. Employees covered by this Agreement who were hired before April 13,
2009, have 20 or more combined years of employment with the City, have
reached 55 years of age, and retire after December 31, 2010, shall be provided
with individual medical insurance coverage capped at the Kaiser HMO rate. If
said employee has 30 or more combined years of employment with the City upon
retirement, eligible dependent medical insurance coverage shall also be provided
capped at the Kaiser HMO rate. A portion of the payment for retiree or retiree
and dependents medical insurance is identified as the City's contribution towards
PEMHCA.
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Resolution Number 6333 SBSPA
C. On or after January 1St 2008, the City shall contribute to the cost of
medical coverage for each eligible retiree and dependents, an amount not to
exceed the California Public Employees' Medical and Hospital Care Act
(PEMHCA) minimum contribution.
D. In all cases, the City's contribution for eligible dependent coverage for
retirees shall terminate with the death of the retiree.
E. In the event an eligible retired employee resides in an area where the
health plans provided by the City are not in effect, that retired employee shall be
entitled to receive in cash each month an amount equal to the City flex
contribution at time of retirement.
SECTION 5: SICK LEAVE
A. All full-time employees covered by this MOU shall accrue sick leave at the
rate of 1 day (8 hours) per month of service. Sick leave may be accumulated up
to and including 520 hours. Except as otherwise provided in this MOU, no
employee shall receive further accruals once the 520 hour maximum is reached.
B. The Department Head may require employees to present proof of illness
for sick leaves in excess of 3 working days.
C. Employees who elected to retain sick leave balances prior to conversion
to leave time provision in July 1, 1987:
1. May utilize those balances for sick leave purposes.
2. Upon termination, shall be paid for the existing sick leave balance
at 25% of the employee's then applicable base rate of pay.
D. Except as otherwise provided, employees shall not be eligible for any
payment for sick leave balances upon termination.
E. Employees who are on authorized leaves of absence, without pay, shall
not accrue sick leave hours during said leaves of absence.
F. Sick leave balances may not be used to defer a disability retirement.
SECTION 6: BEREAVEMENT LEAVE
The City agrees to provide 40 hours bereavement leave with pay for death in the
immediate family. The bereavement leave shall not be chargeable to or
accumulated as sick time or leave time. "Immediate family" is defined as spouse,
registered domestic partner, father, mother, son, daughter, brother, sister,
grandparent, grandchild, step-mother, step-father, step-child, mother-in-law,
father-in-law, registered domestic partner-in-law or dependent relative living with
the employee.
SECTION 7: VACATION TIME
A. All full-time employees covered by this Agreement, who shall have at least
one year's continuous service as a full-time employee immediately preceding,
shall be granted a vacation with pay of approximately 80 hours per year up to a
maximum of approximately 160 hours per year.
B. Full-time employees covered by this Agreement, who shall have at least
five years of continuous service, shall be entitled to 8 additional hours of vacation
per year of full-time continuous service for each year of service in excess of 5
years up to a maximum of approximately 160 hours per year.
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Resolution Number 6333 SBSPA
C. The vacation accrual schedule is as follows:
Years Vacation Maximum Hourly Annual
Service Hours Accrual Rate/ Pay Vacation
Earned Period Bi-Weekly Hours
1 80 3.0769 80
2 80 3.0769 80
3 80 3.0769 80
4 80 3.0769 80
5 80 3.0769 80
6 88 3.3846 88
7 96 3.6923 96
8 104 4.0000 104
9 112 4.3076 112
10 120 4.6153 120
11 128 4.9230 128
12 136 5.2307 136
13 144 5.5384 144
14 152 5.8461 152
15 160 6.1538 160
D. Employees covered by this agreement considered as hourly, part-time
and/or seasonal employees shall not be eligible for paid vacations.
E. Employees covered by this agreement who are on leaves of absence,
without pay, shall not accrue vacation leave hours during said leaves of absence.
F. Employees covered by this agreement shall only be allowed to accrue a
maximum of 240 hours of vacation. Once this maximum is reached, all further
accruals will cease. Vacation accruals will recommence after the employee has
taken vacation and the employee's accrued hours drop below the maximum. The
maximum can only be exceeded with the approval of the City Manager in writing.
G. Employees are encouraged to use at least the amount of vacation hours
earned each fiscal year. Those employees who have been credited with
preexisting leave hours are expected to use a portion of the excess as leave
time, in addition to the new vacation hours, each year until the maximum accrual
is met. The City recognizes that a number of long-term employees have accrued
substantially more leave time than shorter-term employees, and that it will likely
take them significantly longer to achieve this goal. It is the intent of this section
to balance the personal interests of the employee with the financial concerns of
the City; as such, significant progress toward reaching the maximum accrual
amounts may be deemed a success.
H. Vacation leave time shall not be approved until such time as it has been
earned, unless prior, special arrangements have been made with the City
Manager. Vacation leave shall be requested by the employee prior to the start
of the vacation leave period. Such vacation leave to be taken shall be subject to
the prior approval of the Department Head, or designee, subsequent to
consideration of the departmental workload and other staffing considerations,
such as but not limited to, the previously approved vacation schedule of other
employees, sick leave and position vacancies.
Not more than once in each fiscal year, an employee who has completed
at least 1 year of continuous service shall, upon request, receive compensation
for up to 50 hours of accrued vacation time provided that the employee has taken
an equal amount of time off within that fiscal year.
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Resolution Number 6333 SBSPA
J. Employees covered by this Agreement shall cease accruing general leave
time effective the first payroll period in December, 1997. Previously earned time
shall be used/ compensated for as follows: Upon separation of employment with
the City, all compensable hours will be paid to the employee at the employee's
then current base rate of pay.
SECTION 8: HOLIDAYS
A. The City agrees to grant all full-time employees a full shift pay for each
holiday recognized by City. Every full-time employee of the City shall be granted
the following holidays with pay:
Holiday Date
New Year's Day January 1st
Martin Luther King Day 3rd Monday in January
Presidents' Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day First Monday in September
Veteran's Day November 11th
Thanksgiving Day Fourth Thursday in November
Calendar day following Thanksgiving Day
Christmas Eve December 24th
Christmas Day December 25th
*Floating Holiday (discretion of employee)
Total of 12 holidays annually
*Floating Holiday must be taken during each fiscal year(July 1st through June 30th).
Floating holidays must be approved in advance by the Department Head.
B. When a holiday falls on a Sunday, the next day (Monday) shall be observed
as a holiday. When a holiday falls on a Saturday, the preceding day (Friday) shall
be observed as a holiday.
C. When a holiday falls on a full-time employee's regularly scheduled day off,
the employee shall receive compensatory time off for a full shift in lieu of holiday
pay, in keeping with other provisions of this MOU.
Example #1: Employee A normally works a 9/80 schedule, and a
holiday falls on the employee's Friday off, Employee A
would receive 8 hours of compensatory time off.
Example #2: Employee B normally works a 9/80 schedule, and a
holiday falls on a Monday, Tuesday, Wednesday, or
Thursday, Employee B would receive 9 hours of
compensatory time off.
Example #3: Employee C normally works a 4/10 schedule, and a
holiday falls on a Monday, Tuesday, Wednesday,
Thursday, or Friday, Employee C would receive 10
hours of compensatory time off.
D. An employee who is required to work on a holiday shall receive pay
computed at 1'/2 times the employees' basic hourly rate for the number of hours
actually worked.
Example: Employee A works 6 hours on Christmas Day. Employee A
would earn pay computed as follows:
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Resolution Number 6333 SBSPA
Hours Pay Rate
Full-shift holiday pay base hourly rate
6 hours work pay regular hourly rate or overtime
hourly rate, as applicable under MOU
SECTION 9: RETIREMENT
A. The retirement program provided by the City shall consist of a pooled
Public Employee's Retirement System (PERS) plan, which includes the
following Government Code provisions:
Section 20042 One Year Final Compensation
Section 20965 Credit of Unused Sick Leave
Section 21024 Military Service Credit
B. Miscellaneous and Marine Safety Employees
1. The City shall pay the following amounts toward the Miscellaneous
employees CaIPERS required contribution of 7% of their compensation earnable:
a. Effective first pay period on or following January 1, 2013: 5%
(Employees pay 2%)
b. Effective first pay period on or following July 1, 2013: 3%
(Employees pay 4%)
c. Effective first pay period on or following July 1, 2014: 1%
(Employees pay 6%)
d. Effective first pay period on or following July 1, 2015: 0%
(Employees pay 7%)
2. The City shall pay the following amounts toward the Marine Safety position
employees CaIPERS required contribution of 7% of their compensation earnable:
a. Effective first pay period on or following January 1, 2013: 7%
(Employees pay 2%)
b. Effective first pay period on or following July 1, 2013: 5%
Employees pay 4%)
c. Effective first pay period on or following July 1, 2014: 3%
Employees pay 6%)
d. Effective first pay period on or following July 1, 2015: 2%
(Employees pay 7%)
C. All employees incumbent in the Marine Safety Officer classification shall
participate in the 3% @ 50 formula plan for Local Safety Members.
D. The City shall provide PERS Section 21354 - 2% @ 55 for miscellaneous
members.
E. New employees/members hired on or after January 1 , 2013 as defined by
The Public Employees' Pension Reform Act (PEPRA) will be hired at the
retirement formula in accordance with the PEPRA and other legislation.
SECTION 10: OVERTIME AND CALL OUT PAY
A. If work beyond normal workday, workweek or work period is required, the
employee who may be asked to perform such overtime shall be notified of the
apparent need for such overtime as soon as practicable prior to when the
overtime is expected to begin.
B. Call out and overtime pay shall be paid at the rate of time and one-half the
hourly rate. Minimum "call out" time (when returning to work) shall be 3 hours.
Call out time shall start when employee is called to service.
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Resolution Number 6333 SBSPA
C. Overtime will be computed by dividing the employee's regular monthly
salary by 173.3 to arrive at an hourly wage. Paid overtime for the pay period is to
be submitted and computed with the regular payroll.
D. Notwithstanding any provision of this Section, the employee shall be
entitled to select either compensated overtime or compensatory time off subject
to budget limitations, departmental rules and regulations, and Section 11 of this
MOU.
SECTION 11: COMPENSATORY TIME OFF (CTO)
The maximum (cap) of CTO is 120 hours. Compensatory Time earned in excess of
120 hours will be paid as overtime during the pay period accrued.
SECTION 12: PROVISIONAL APPOINTMENTS AND ASSIGNMENTS
A. An employee, when authorized by the City Manager, may receive a
provisional appointment to a higher classification to fill a temporary vacancy. The
employee, when so appointed, must perform the duties and assume the
responsibilities of the higher classification for 80 consecutive working hours and
shall be paid according to the step in the assigned salary range of the new
position which is a minimum of 5% higher than the salary received before the
provisional appointment (not to exceed the top step).
B. When necessary and in the best interest of the City, the City Manager may
provisionally assign an employee to a higher level of duty and responsibility than
provided for in the employee's assigned classification which is not otherwise a
part of an adopted classification. In the case of such an assignment, the
employee must perform the higher level of duties for 80 consecutive working
hours; thereafter the employee shall receive additional compensation of 5% so
long as the assignment is authorized by the City Manager.
SECTION 13: SENIORITY BONUS
Employees who have achieved 10 years of uninterrupted employment with the
City shall receive a 5% increase in base salary effective on the 10th anniversary
of their employment.
SECTION 14: AUTOMOBILES AND MILEAGE
Employees covered by this MOU, utilizing their privately-owned automobiles for
City business on a non-regular basis, shall be entitled to reimbursement for costs
incurred at the mileage rate established by the Internal Revenue Service (IRS).
SECTION 15: ADMINISTRATIVE LEAVE
A. Employees shall be entitled to 16 hours of administrative leave during
each fiscal year.
B. Administrative leave hours may not be carried forward to succeeding
years nor may they be turned in for cash value.
SECTION 16: LIMITATIONS
A. No employee who is receiving Workers' Compensation payments and
benefits is eligible to receive overlapping benefits (except life insurance) stated in
this MOU.
B. City shall not make any monthly payments for premiums for any insurance
benefit listed in this MOU, or uniform allowance, supplemental pay of any type
and/or type of bonus on behalf of or to any employee who has been absent
without authorization during entire said month or for any employee who has
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Resolution Number 6333 SBSPA
terminated for any reasons whatsoever or who is on leave of absence without
pay of who is suspended from duties without pay for the entire said month.
SECTION 17: DEFERRED COMPENSATION
The City shall contribute the amount of $40 per payroll period into a deferred
compensation program for each employee in the Supervisors and Professionals
and Technical position classifications.
SECTION 18: BILINGUAL COMPENSATION
A. Upon the recommendation of a department director, the City Manager
may award a bilingual compensation bonus of $52.50 per payroll period to those
employees in positions determined to require bilingual skills.
B. The City Manager shall require the taking of competency tests to certify
the employee as eligible for bilingual compensation based on the employee's
proficiency in speaking the language determined to be required. Such
certification shall be a condition precedent to qualifying for bilingual pay.
SECTION 19: WORK SCHEDULE
A. At the discretion of the City Manager, work schedules may be altered as
needed to accommodate service demand levels of the residents of the City of
Seal Beach.
B. Holiday Closures —The City Manager may designate up to 5 specific holiday
closure work days in each calendar year between Christmas Day and New Year's
Day during which employees may be required to take time off, charged to leave
without pay, the employee's accumulated compensatory time, vacation, floating
holidays, or a combination thereof, as determined by the affected employee. The
days must be consecutive for the employee, but may differ between employees.
Employees who do not have sufficient accumulated time off in their account to
cover the required time off may request, and will be granted, sufficient advance on
their vacation accrual to cover the uncovered balance. This advance will be
recovered with the next vacation accruals earned by the employee. Time off of
work under this provision shall not be deemed a layoff.
C. If an employee is required to work on a City Manager designated closure
work day, the employee will receive pay computed at 11/2 times the employees'
basic hourly rate for the number of hours actually worked.
Example: Employee A normally works a 9/80 schedule, and is required to
work 4 hours on a City Manager designated holiday closure work
day on December 28, 2013. Employee A would earn pay
computed as follows:
Hours Pay Rate
4 hours work pays 11/2 times the hourly rate, as applicable under
the MOU
5 hours leave time Compensatory time, vacation, floating holiday,
or combination thereof
SECTION 20: TUITION REIMBURSEMENT
A. Employees attending accredited community colleges, universities, and
trade schools for the purpose of obtaining a higher education degree may apply
for reimbursement of tuition, books, student fees and parking. Reimbursement is
capped at the tuition rate of the Cal State University system for up to 2 semesters
of full-time, undergraduate enrollment each calendar year.
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B. Reimbursement is contingent upon the successful completion of the
course. Successful completion means a grade of "C" or better for undergraduate
courses and a grade of "B" or better for graduate courses. All claims for tuition
reimbursement require prior approval and are subject to verification and approval
by the City Manager.
Example: Employee A attends California State University, Long
Beach, for the Spring 2013 semester and completes 2
(3-unit) undergraduate courses with a grade of "C" or
better. The tuition reimbursement would be calculated
as follows:
2012/2013 State University Tuition $1,587.00 (0-6 units)
Required University Fees $ 384.00 (approx.)
Parking $ 123.00
Books $ 300.00 (approx.)
TOTAL $2,394.00
SECTION 21: COMPENSATION PLAN
A. Basic Compensation Plan
1. Employees covered by this MOU shall be included under the Basic
Compensation Plan. Every classification under this Plan shall be assigned a salary
range adopted by the City Council. The salary schedule shall consist of 5 steps
within each range.
2. The first step is a minimum rate and is normally the hiring rate for the
classification. An employee may be assigned, upon appointment, to other than the
normal entering salary step within the assigned range upon the recommendation of
the Department Head and with the approval of the City Manager when it is decided
that such action is in the best interests of the City.
3. The second step, B step, is a merit adjustment which may be given at
the end of the probationary period subject to the recommendation of the
Department Head and with the approval of the City Manager.
4. The third, fourth and fifth steps are merit adjustments to encourage
an employee to improve their work and to recognize increased skill on the job.
Employees are normally eligible for these adjustments at any time after the
completion of 1 year of service at the preceding step. Each adjustment shall be
made subject to the recommendation of the Department Head and with the
approval of the City Manager.
B. Advancement within Salary Ranges
1. In order to properly compensate an employee, advancement in salary
shall be based on merit.
2. Advancement in salary shall not be automatic, but shall depend upon
increased service value of the employee to the City.
3. The Department Head and/or the employee's immediate supervisor
shall be responsible to evaluate an employee fairly in an unbiased fashion for the
determination of job performance. Advancement shall be made only upon
recommendation of the Department Head and with the approval of the City
Manager.
4. An employee should be reviewed at least once every 12 months from
the effective date of his last performance evaluation, special performance
advancement or promotion. Nothing contained herein shall restrict the Department
Head from denying the increase after evaluation, nor shall it prevent him from
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recommending a special performance advancement in salary at any time when
unusual or outstanding achievement has been demonstrated.
C. Salary Increases
1. Promotional Appointment - When an employee is promoted to a
position with a higher salary range, the employee shall be compensated at a step of
the salary range assigned to the new position that is closest to providing a 5%
salary increase over the base salary received immediately prior to promotion.
2. Temporary Appointment - Employees assigned, in an acting capacity,
to a higher classification than the employees' present classification for a period of
not less than 80 consecutive working hours shall be entitled to temporary
appointment pay. In addition, employees who are assigned by the department
director in writing to regularly scheduled acting assignments of less than 80 hours
shall also be entitled to temporary appointment pay. Temporary appointment pay
will be retroactive to the first hour served in the higher classification and shall be
paid at a rate equal to the first step of the higher classification but in no event shall
temporary appointment pay be less than 5% more of the employee's current rate.
D. Salary Decreases - In the case of a demotion of an employee to a
classification with a lower maximum salary, such employee shall be assigned to the
appropriate salary step in the new classification as recommended by the
Department Head with the approval of the City Manager. The employee shall
retain his previous anniversary date.
E. Adjustments of Salary Ranges - When a salary range for a given
classification is revised upward or downward, the incumbents of positions and
classifications affected shall have their existing salary adjusted to the same step in
the new salary range and their anniversary date shall not be changed.
F. Salary and Benefits on Suspension - During suspension from the City
service for disciplinary cause, an employee shall forfeit all rights, privileges and
salary, except he shall not forfeit his medical health plans, including dental,
retirement plan, disability insurance or life insurance. Should such suspension be
later modified or revoked, the employee shall be entitled to receive payment for loss
of income and benefits during the period of suspension.
G. Salary Adjustments During Term of MOU
1. The salary schedule for each position classification affected is hereby
determined and established upon adoption by City Council Salary increases are as
follows:
First pay period on or following January 1, 2013 - Employees
shall receive 1.5% cost of living adjustment.
First pay period on or following July 1, 2013 - CPI adjustment,
minimum 1% up to 3% maximum, as measured utilizing the
change in the Los Angeles - Riverside - Orange County All
Urban Consumers Index for the 12 months of April 2012 -
' March 2013.
First pay period on or following July 1, 2014 - CPI adjustment,
minimum 1% up to 3% maximum, as measured utilizing the
change in the Los Angeles - Riverside - Orange County All
Urban Consumers Index for the 12 months of April 2013 -
March 2014.
First pay period on or following July 1, 2015 - CPI adjustment,
minimum 1% up to 3% maximum, as measured utilizing the
change in the Los Angeles - Riverside - Orange County All
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Resolution Number 6333 SBSPA
Urban Consumers Index for the 12 months of April 2014 -
March 2015.
Professionals
Grade I1 l;1;* 110 ob Classificationslu �1�11;,; . ."
9 Accounting Technician
13 Executive Assistant
18 Deputy City Clerk
28 Assistant Engineer
28 Assistant Planner
Supervisory
Grade i Job Classifications „y+4
13 Senior Accounting Technician
14 Community Services Coordinator
Fleet Maintenance Program
20 Manager
25 Water Services Supervisor
25 Maintenance Services Supervisor
Technical
=Graders{�IIIII,',,'
23 Marine Safety Officer
SECTION 22: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay
1. Upon the Department Head's recommendation and approval of the
City Manager, an employee may be granted a level of absence without pay in
cases of an emergency or where such absence would not be contrary to the best
interest of the City, for a period not to exceed 180 working days.
2. Upon written request of the employee, the City Manager may grant
a leave of absence, with or without pay, for a period not to exceed 1 year.
3. At the expiration of the approved leave, after notice to return to
duty, the employee shall be reinstated to the position held at the time leave was
granted. Failure on the part of the employee to report promptly at such leave's
expiration and receipt of notice to return to duty shall be cause for discharge.
4. During any authorized leave of absence without pay, an employee
shall not be eligible to accumulate or receive fringe benefits, except an employee
shall receive their monthly flex dollar allowance and the City, as specifically
provided for in this MOU, shall contribute to the employee's disability insurance
plan, and life insurance plan for the first 30 days of leave of absence.
B. Military Leave of Absence
1. Military leave shall be granted in accordance with the provisions of
Federal and State law. All employees entitled to military leave shall give the
Department Head an opportunity within the limits of military regulations to
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Resolution Number 6333 SBSPA
determine when such leave shall be taken. Whenever possible, the employee
involved shall notify the Department Head of such leave request 10 working days
in advance of the beginning of the leave.
2. In addition to the provisions of State law, the City shall continue to
provide eligible employees on military leave, the monthly flex dollar allowance
under the cafeteria plan and disability and life insurance and retirement (if
applicable) for the first 3 months of military leave. During said period, the
employee shall be required to pay to the City the amount that exceeds the
monthly flex dollar allowance (if applicable).
3. After the first 3 months of military leave, the employee may
continue said benefits at his cost.
C. Pregnancy Disability Leave of Absence
1. An employee who is disabled due to pregnancy shall be granted a
pregnancy disability leave as provided by the State of California and the Federal
Family Medical Leave Act. The employee may elect to take a lesser period of
leave.
2. Disabilities arising out of pregnancy shall be treated the same as
other temporary disabilities in terms of eligibility for, or entitlement to, leave with
or without pay.
D. Family Leave - Upon a demonstration of need and subject to the following
conditions, an employee may take leave or unpaid leave to care for his newborn
infant, whether through parentage or adoption, or to care for a seriously ill or
injured member of the employees "immediate family" as defined in Section 6.
1. Proof of the birth or adoption of a newborn infant or the serious
illness/injury of the family member must be submitted to the City.
2. Requests for family leave must be submitted in writing to the
employee's supervisor at the earliest possible date proceeding the time when the
leave is to begin.
3. Operational needs of the City shall be relevant in determinations
regarding the granting of family leave in accordance with the provisions of State
and Federal Family Leave laws.
4. In the event of an extended family leave, the employee may be
required to periodically report on the status of the situation giving rise to the
leave.
5. Family leave may be granted only upon the recommendation of the
Department Head and approval of the City Manager consistent with the
provisions of State and Federal Family Leave laws.
E. Catastrophic Leave - The purpose of the Catastrophic Leave Pool is to
enable full time employees to receive and donate vacation, administrative leave,
and CTO leave credits on an hour for hour basis to assist employees who have
no leave and who will suffer a financial hardship due to prolonged illness or injury
to themselves or a member of their immediate family. Sick Leave is excluded
from this program.
The following conditions shall apply to Catastrophic Leave:
1. Catastrophic Leave will be available only to employees who have
exhausted their own paid leave through bona fide serious illness or accident.
2. The leave pool shall be administered by the Finance Department.
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Resolution Number 6333 SBSPA
3. Employees must be in regular full-time appointed positions to be
eligible to receive catastrophic leave.
4. Employees receiving Long-Term Disability payments are excluded
from receiving catastrophic leave under this program.
5. All donations are to be confidential, between the donating
employee and the Finance Department.
6. Employees donating to the pool must have 40 hours of paid leave
available after making a donation.
7. Donating employees must sign an authorization, including
specifying the specific employee to be the recipient of the donation.
8. Donations will be subject to applicable tax laws.
9. The availability of Catastrophic Leave shall not delay or prevent the
City from taking action to medically separate or disability retire an employee.
10. Catastrophic Leave due to illness or injury of an immediate family
member may require medical justification as evidenced by a Physician's
Statement that the presence of the employee is necessary.
11. Catastrophic Leave due to the illness or injury of the employee will
require medical justification as evidenced by a Physician's Statement as to the
employee's condition.
SECTION 23: MISCELLANEOUS
Layoff: The City is to give Association 45 days prior notice before the effective
date of any layoffs. During this 45 day period, the City will, upon request, meet
and confer on the impact of the layoffs.
SECTION 24: TERM
The Memorandum of Understanding shall remain in full force and effect from
December 10, 2012 until midnight, June 30, 2016.
SECTION 25: APPEALS
A. Employees shall be allowed to appeal written reprimands to the Personnel
Officer. Such appeals shall be filed within 14 calendar days. The decision of the
Personnel Office shall be final.
B. Hearings held pursuant to Personnel Rule 10.02, Automatic Resignation
shall be interpreted to allow employees to present evidence showing the absence
was for good cause and that circumstance prevented them from contacting the
City.
SECTION 26: REOPENER
City and Association agrees to reconvene during the terms of this MOU to discuss
all fringe benefits, including but not limited to health plans, the implementation of
HSA or HRA programs for employee and retiree medical premiums.
SECTION 27: RATIFICATION
This Memorandum of Understanding is subject to approval and adoption by the
City Council and ratification by the required number of the duly authorized
representatives of the Association. Following such approval and adoption, the
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Resolution Number 6333 SBSPA
Memorandum of Understanding shall be implemented by the appropriate
resolution(s), ordinance(s), or other written action of the City Council.
IN WITNESS HEREOF, the parties have hereto caused this Memorandum of
Understanding to be executed this 10th day of December, 2012.
CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVES:
Date: /212-0/2-Sean P. Crum q Assistant ity Manager/
Director of Public Works
a--dz_. diet_ Date:
lz4° /l-
Patrick Gallegos, Administrative Manager
SEAL BEACH SUPERVISORS AND PROFESSIONALS ASSOCIATION
REPRESENTATIVES:
Date: id /a0//a-
Nick Bolin, President
' -
aDate: /y/z L I li
c1O e io Daniel, Teamsters
Date: /2/2-942
Cesar angel
1
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