HomeMy WebLinkAboutCC AG PKT 2012-12-10 #E jV~ q�IS
AGENDA STAFF REPORT ( ;
�°cq</PORN\P!
DATE: December 10, 2012
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Sean P. Crumby, P.E., Assistant City Manager/Public Works
SUBJECT: ESTABLISH THE TERMS & CONDITIONS OF
EMPLOYMENT FOR EXECUTIVE/MID-MANAGEMENT
EMPLOYEES; AND APPROVE THE MEMORANDA OF
UNDERSTANDING (MOU) BETWEEN THE CITY AND
THE SEAL BEACH SUPERVISORS &
PROFESSIONALS ASSOCIATION (SBSPA)
SUMMARY OF REQUEST:
It is requested that the Council adopt Resolution No. 6332 establishing terms and
conditions of employment for Executive/Mid-Management; and Resolution No.
6333 approving the MOU with SBSPA with an effective date of December 10,
2012.
BACKGROUND AND ANALYSIS:
In April of 2012, the City and labor groups began discussion for a new
Memorandum of Understanding. The City has met and collectively bargained in
good faith with the Seal Beach Supervisors & Professionals Association
("SBSPA") as to wages, hours, and working conditions. Based upon such
collective bargaining, the City and the SBSPA have drafted a Memoranda Of
Understanding.
On November 15, 2012, the terms and conditions of a tentative agreement were
reached between the City and SBSPA. The MOU attached to Resolution No.
6333, incorporate the terms and conditions of the agreements. The SBSPA has
accepted the terms, conditions and provisions set forth in its MOU, and its
authorized representatives have executed that MOU. The MOU has a term of
December 10, 2012 through June 30, 2016.
The majority of the terms within the agreement remain similar to the previous
Memorandum of Understanding adopted on April 13, 2009. There are, however,
concessions given by the employees to aid the City through the current statewide
fiscal period. The employees within SBSPA have agreed to fund 7% of the
Agenda Item E
employee contribution to the PERS retirement through the term of the
agreement.
To address executive and mid-management employees, a proposal has been
drafted proposing Resolution No. 6332, which includes the terms and conditions
of employment for those employees. Similar to SBSPA the executive/mid-
management employees will fund 7% of the PERS retirement through the term of
the agreement.
ENVIRONMENTAL IMPACT:
There is no Environmental Impact related to this item.
LEGAL ANALYSIS:
No legal analysis is required for this item.
FINANCIAL IMPACT:
Approval of these resolutions will have a budget impact of $7,194.09 for SBSPA
and $3,468.55 for the executive/mid-managers for the remainder of FY 2012/13.
If a budget action is necessary it will occur during the mid-year budget update. In
subsequent years, funds will be appropriated through the budget process.
RECOMMENDATION:
It is recommended that the Council adopt Resolution No. 6332 establishing terms
and conditions of employment for Executive/Mid-Management; and Resolution
No. 6333 approving the MOU with SBSPA with an effective date of December
10, 2012.
SUBMITTED BY. NOTED AND APPROVED:
Sean P. Crumby Jil R. Ingram, City a ger
Assistant City Manager/Public Works
Prepared by: Patrick Gallegos, Administrative Manager
Attachment(s):
A. Resolution No. 6332 and Terms and Conditions of Employment
B. Resolution No. 6333 and MOU
Page 2
Redline & Strikethrough
Executive Management
Mid-Management
Terms & Conditions of Employment
Adopted by Resolution No. XXXX
EXHIBIT A
EXECUTIVE MANAGEMENT
MID-MANAGEMENT
TERMS & CONDITIONS OF EMPLOYMENT
AN-D
REGULAR EMPLOYEES PAY STRUCTURE
ADOPT€DEFFECTIVE: April 13, 2 December 10, 2012
EXPIRES: JUNE 30, 20122016
Exhibit A to Resolution Number--XXXX Executive/Mid Management
TABLE OF CONTENTS
SECTION 1: MANAGEMENT RIGHTS...................................................................4
SECTION 2: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY
INSURANCE
A. Health Insurance Coverage......................................................................4
B. Life Insurance...........................................................................................5
C. Income Continuation.................................................................................5
SECTION 3: RETIREE HEALTH INSURANCE......................................................5
SECTION 4: SICK LEAVE ......................................................................................7
SECTION 5: LEAVES OF ABSENCE
A. Authorized Leave of Absence without Pay...............................................7
B. Bereavement Leave..................................................................................7
C. Military Leave of Absence ........................................................................8
D. Pregnancy Disability Leave of Absence...................................................8
E. Family Leave ............................................................................................8
F. Catastrophic Leave...................................................................................9
SECTION6: VACATION.........................................................................................9
SECTION 7: HOLIDAYS
A. Holidays..................................................................................................10
B. Holiday Closures.....................................................................................11
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Exhibit A to Resolution Number XXXX Executive/Mid Management
SECTION 8: RETIREMENT SYSTEM...................................................................11
SECTION 9: PROVISIONAL APPOINTMENTS...................................................11
SECTION 10: SENIORITY BONUS ......................................................................12
SECTION 11: AUTOMOBILES AND MILEAGE...................................................12
SECTION 12, MOBILE PHONE RESERVED .............................
SECTION 13: ADMINISTRATIVE LEAVE............................................................12
SECTION 14: LIMITATIONS.................................................................................13
SECTION 15: DEFERRED COMPENSATION .....................................................13
SECTION 16: BILINGUAL COMPENSATION......................................................13
SECTION 17: WORK SCHEDULE........................................................................13
SECTION 18: SALARIES......................................................................................13
SECTION 19: TUITION REIMBURSEMENT.........................................................14
SE"ON 20- TFRIMEFFECTIVE DATE...............................................................14
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Exhibit A to Resolution Number-XXXX Executive/Mid Management
TERMS & CONDITIONS OF EMPLOYMENT
BETWEEN
THE CITY OF SEAL BEACH
AND
EXECUTIVE MANAGEMENT
AND MID-MANAGEMENT EMPLOYEES
SECTION 1: MANAGEMENT RIGHTS
The City reserves, retains and is vested, solely and exclusively, with all rights of
Management which have not been expressly abridged by specific provisions of
this Resolution of Compensation, as such rights existed prior to the execution of
this Resolution.
SECTION 2: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY
INSURANCE
A. Health Insurance Coverage
I. The City shall provide for full-time employees and eligible retired
employees a group hospital, medical and dental insurance plan.
2. 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. The City shall contribute and 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 employees during
negotiations. For employees participating in the City's full flex cafeteria plan,
each employee shall receive a monthly flex dollar allowance to be used for the
purchase of benefits under the full flex cafeteria plan. Beginning January 1,
2013,Tthe monthly flex dollar allowance shall be:
For Single Employees $650705.10/month
For Employee and 1 dependent "61 089.60/month
For Employee and 2 or more de endents $1-4901 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
208913, a single employee's monthly flex dollar allowance is $568705.10, of that
$550705.10; $a-A 115has been designated by the City as its required PEMHCA
4of21
Exhibit A to Resolution Number XXXX Executive/Mid Management
contribution to CalPERS. The monthly flex dollar allowance may only be used in
accordance with the terms of the full flex cafeteria plan.
5. Effective January 1, 20148, 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 in theb CalPERS
sirrular- etter—setting-which sets health insurance premiums for the coverage
year.
6. Employees enrolled in the plan are required to pay any premium
amounts in excess of the above City contribution. Such amounts will be
deducted from the affected employee's payroll check on the 15ts 2_payperiods__--_- Formatted:Superscript
for each month.
7. Beginning January 201499, the minimum employer contribution for
participating in the PEMHCA will be adjusted annually to reflect any change in
the medical health care component of the Consumer Price Index. Effective
January 1, 299920132, the minimum employer contribution is $,1-04 15 per Formatted:Highlight
month per employee/retiree. any—,I 1�ri--per menth�er__em_plgyeal tifee_by_ ---- Formatted:Highlight
GaleRdar-ye F 204
8. Employees meeting the waiver criteria and electing to waive
enrollment in the City's full flex cafeteria plan are eligible to receive $310 per
month (upon showing proof of health medical insurance coverage under an
alternative plan). Election forms are available in the Per�&enR el off„G°Human
Resources.
9. Part-time, seasonal, provisional and/or hourly employees shall not
be eligible for participation in this program.
48: NO Pe;eon who is eligible te FGcei,�^lmk'Ar's GO atiG
bene-fits is elinibk to feoe Ge
104. Full-time employees the-G4y-by these Terms and Conditions who
have completed 30 days of uninterrupted service shall be enrolled in the full flex
cafeteria plan on the 1 st day of the next succeeding month.
112. Employees who change classification from full-time to part-time
provisional, hourly, or seasonal shall not be eligible for participation in the full flex
cafeteria plan.
132. The City shall not contribute a flex dollar amount 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. CCU
shall contribute to the cafeteria plan for eligible employees receiving temporarty
payments from Workers' Compensation Insurance.
5of21
Exhibit A to Resolution Number-XXXX Executive/Mid Management
B. Life Insurance
1. All employees incumbent in position classifications listed in Section
18 shall receive a $50,000 term life insurance policy paid by the City.
2. 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
1. All Employees incumbent in position classifications listed in
Section 18 shall receive an income continuation 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.
2. 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.
3. 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 3: RETIREE HEALTH INSURANCE
A. Employees covered by this agreemeRt-these Terms and Conditions shall
have the option upon retirement, to continue participation in the City's health
insurance program at the employee's expense.
B. All incumbents in the Executive Management classification who retire on
or before December 31, 2009, with 20 or more combined years of employment
with the City shall, upon retirement, be provided with individual and eligible
dependent health medical insurance coverage. The City shall contribute monthly
to the cost of the selected coverage consistent with the appropriate level as
specified in Section 2 -A in this reselUtien.these Terms and Conditions.
C. A"1as.y Fn bents-Employees covered by these Terms and Conditions and in
the Executive Management classifications who were hired before January 1,
2008, and who retire after December 31, 2009, with-have 20 or more combined
years of employment with the City shall, upon retirement, be provided with
individual health medical insurance coverage. If said employee has 2-0-30 or
more combined years of employment with the City upon retirement, eligible
dependent health medical insurance coverage shall also be provided at the rate
6of21
Exhibit A to Resolution Number XXXX Executive/Mid Management
of (a) the average of the 2 lowest cost health medical care plans offered by
CalPERS, or (b) the CalPERS Kaiser HMO, whichever is greater. When the
retired employee becomes Medicare eligible, the City's contribution will be
capped at the rate of (a) the average of the 2 lowest costs mMedicatre
supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO
Medicare supplement plan, whichever is greater.
D. Employees in the Mid-Management classification who
retire after December 31, 2007, and on or before December 31, 2009, with 20 or
more combined years of employment with the City shall, upon retirement, be
provided with individual and eligible dependent health medical insurance
coverage. The City shall contribute monthly to the cost of the selected coverage
consistent with the appropriate level as specified in Section 2 - A in this
memGFan these Terms and Conditions.
ES. All inGumbentsEmployees in the Mid-Management classification who were
hired before January 1, 2008, and who retire after December 31, 2009, with 20 or
more combined years of employment with the City shall, upon retirement, be
provided with individual health medical insurance coverage. If said employee
has 30 or more combined years of employment with the City upon retirement,
eligible dependent health medical insurance coverage shall also be provided at
the rate of(a)the average of the 2 lowest costs health medical care plans offered
by CalPERS, or (b) the CalPERS Kaiser HMO, whichever is greater. When the
retired employee becomes Medicare eligible, the City's contribution will be
capped at the rate of (a) the average of the 2 lowest costs mMedicatre
supplement plans offered by CalPERS, or (b) the CalPERS Kaiser HMO
Medicare supplement plan,whichever is greater.
F. All full time-eEmployees who were hired on or after January 1, 2008, and
who retire from the City, shall be eligible to receive a City contribution not to
exceed the PEMHCA minimum employer contribution towards health coverage
under CalPERS, as determined by CalPERS from time to time.
G. An employee with a service retirement and who is eligible to receive
retiree health medical insurance per Section 3, B & C of this exhibit, may also
receive an increase to the health-medical insurance cap in effect at the time of
his/her retirement(not to exceed $175 per month in additional contributions), until
Medicare begins at age 65 with lower supplemental insurance rates. This
additional contribution to the cap will accommodate increases in health medical
insurance plans over the term of the employee's retirement.
H. Sworn police personnel identified in Section 18 shall be subject to the
retiree health medical plan contained in the Memorandum of Understanding with
the Seal Beach Police Officer's Association.
7of21
Exhibit A to Resolution Number-XXXX Executive/Mid Management
I. In all cases, the City's contribution for eligible dependent coverage for
retirees shall terminate with the death of the retiree.
J. In the event an eligible retired employee resides in an area where the
health medical 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_Qity flex
contribution at time of retirement.
h�gve a-entribute-d- to that FGtiped employee toward health and de-RI-al 'Asuran
mss.
SECTION 4: SICK LEAVE
A. All full-time employees covered by this mernor,��►��m these Terms and
Conditions shall accrue sick leave at the rate of 1 day per month (8 hours). The
maximum accrual of sick leave hours shall be 520 hours.
B. Existing sick leave balances which have remained intact and have not
been converted to leave time may be utilized by the employee for sick leave
purposes only.
C. Upon termination of employment with the City, all compensable leave
hours will be paid to the employee at the employee's base rate of pay. Sick
leave balances which have not been converted to leave time will be paid to the
employee upon termination at 25% of the employee's base rate of pay.
D. Employees who are on authorized leaves of absence, without pay, shall
not accrue sick leave hours during said leaves of absence.
SECTION 5: 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 leavevel 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,per Govemp-ieRt
Gode:
2. Upon written request of the employee, the City Council may grant a
leave of absence, with or without pay, for a period not to exceed one 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.
8of21
Exhibit A to Resolution Number XXXX Executive/Mid Management
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 }s-resGPj i^;these Terms and Conditions, except-that the Cit
shall contribute to as-the employee's medinal and ental health pl an, disability
insurance plan, and life insurance plan for the first 30 days of leave of absence.
B. Bereavement Leave
e of.teeth vii � th 'mined
If}fas�,-- -..Tt{a+ -�rle�,,,,,,�v+ate-fa1T1+ IAjfee_.-S�
employee shall be entitled to fin-absent from duty wi h pay in GFder to attend
t4e-44+ sec s.
Px-employees GR nn shif, , this 4-pravide-of up to 3
GansB e weFk days. r—employees woFk;Rg alterna+e w�{" aY
Gaff apply_thes4E-hGYFs to their GGnseo ,ti, nrli efts. �notinn_ ---o tome er
other leaves, a available may he 1 eC fo I,nnlement Re a ement Leave-to
also 14o abseRGe to—span 3 shits. The bereavement leave ral_h,�ll net be
Gl�aFgea�l 1
�. i the man (al pre.--outside the sstate t e
Gallfemia the employee ; leave with pay.
{. �'��Ihe n e of this s ti�m.medial family i rle{ined._as
4u&baTld, wtfe, 4- n� r1e{ father,
rnother, fandfat rang F®titer, sister, b her, .-aughteF motheF_ir,_laW
father in-law, ste hill ste ""ntrher, stepfather, Gh o ,alho,_hase s P.,edd
i^ the pla of the e.,,.,l..ye-y' parent.
.-
— 4.-�h leave--shalll Rottbe=� ed against then
&GGFUal.
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, domestic partner-in-law or dependent relative living with the
employee.
C. 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
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.
9of21
Exhibit A to Resolution Number-XXXX Executive/Mid Management
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 tie—current—health benefits—(Med'Gal,dentaa,
disability and life insurance and retirement, (if applicable)) for the first three 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). pa— M--as-require'Af Ather°n ploye s.
3. After the first three 3 months of military leave, the employee may------- Formatted:Indent:First line: 0.5"
continue said benefits at kis their cost.
D. 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.
E. 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 5- B.
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.
10 of 21
Exhibit A to Resolution Number XXXX Executive/Mid Management
6. A mAxim m of 400 IAQrkinr+ hours c)f fay IpA , in An�
r+nrr�F.inat�nn of sigk leave anrd unpaid lease may be take dKi
Rg aRy 7 ye-af,
peF{gd- l—ess-a--g%at @Faf +Gw+t &-pF£--su ted-by-state-eF Feder-aP 7 . Comment[Techl]:Per FMLA and DFH I based
on 12 week/12-month plan
F. Catastrophic Leave - The purpose of the Catastrophic Leave Pool is to
enable full time employees to receive and donate vacation, administrative leave,
and Compensatory Time Off (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.
3. Employees must be in regular full-time appointed positions to be
eligible to receive for 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 a-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.
11 of 21
Exhibit A to Resolution Number-XXXX Executive/Mid Management
SECTION 6: VACATION
A. Executive Management employees who shall have at least one year's
continuous service as a full time employee immediately preceding shall be given
a vacation of approximately 120 hours with pay each year. Executive
Management employees shall be entitled to ei ht 8)additional hours of vacation
for each year of full-time continuous service each year thereafter.
B. All mid-management employees who shall have at least one year's
continuous service as a full-time employee immediately preceding shall be given
a vacation of 80 hours with pay each year.
C. All Executive Management employees shall only be allowed to accrue a
maximum of 320 hours of vacation. This maximum can only be exceeded with
approval of the City Manager.
D. All mid-management employees, who shall have at least three 31 years of
continuous service shall be entitled to ei ht (8) additional hours of vacation for
each year of full-time continuous service in excess of three 3) years. The
vacation accrual schedule for mid-management employees is as follows:
Years Vacation Maximum Hourly Annual Maximum
service Hours Accrual Rate/Pay Vacation Vacation
Earned Period Bi-Weekly Hours Accrual
1 80 3.0769 _ 80 160
2 80 3.0769 80 160
3 80 3.0769 80 _ 160
4 88 3.3846 88 200
5 96 3.6923 96 200
6 104 4.0000 104 200
7 112 4.397-63044 112 200
8 120 4.64536154 120 200
9 128 4.92399231 128 240
10 136 5.23972308 136 240
11 144 5.63845385 144 240
12 152 5. 8462 152 240
13 160 6.1538 160 240
E. Employees of the City considered as hourly, part-time and/or seasonal
employees shall not be eligible for paid vacations.
F. Employees who have authorized leaves of absence without pay shall not
accumulate vacation credits or pay during said leave of absence.
G. Employees are encouraged to use at least the amount of vacation hours
earned each fiscal year. Those employees who have been credited in excess of
12 of 21
Exhibit A to Resolution Number XXXX Executive/Mid Management
the maximum vacation accrual allowed are expected to use a portion of the
excess as leave time, in addition to other vacation time, 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 the
maximum accrual level. 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. The time at which an employee shall take 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.
I. Not more than once in each fiscal year, an employee who has completed
at least one year of continuous service shall, upon request, receive
compensation for up to 5"0 hours of accrued vacation time provided that the
employee has taken aa-50 hours of egaaof vacation time off within that
fiscal year. An employee shall also, upon request, receive compensation for up
to 120 hours of accrued vacation time provided that the employee has taken 80
hours of accrued vacation time off within that fiscal year.
SECTION 7: HOLIDAYS
A. All employees incumbent in position classifications listed in Section 18
shall be granted the following holidays with pay:
13 of 21
Exhibit A to Resolution Number-XXXX Executive/Mid Management
Holiday Date
New Year's Day January 1st
Martin Luther Kindg 3rd Monday in January
Da
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 Da
Christmas Eve _ _ December 24th
Christmas Day December 25th
*Floating Holiday discretion of em to ee
Total of 12 holidays annually
'Floating Holiday must be taken during each fiscal year (July 1st through June
30th),and may not he Gafr4ad r rt.w4 be)ynd she+em4 of this agreengea+
B. Holiday Closures–The City Manager may designate up to five 5)specific
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.
SECTION 8: RETIREMENT SYSTEM
A. The retirement program provided by the City shall consist of a pooled
Public Employee's Retirement System (PERS) plan which includes the following
provisions:
Section 2-0024.220042 - One Year Final Compensation
Section 20862. 20q,65 - Credit of Unused Sick Leave
Section 20Q2n n21024 - Military Service Credit
B. The City shall pay that poFtian of the affeGted empleyee's; m-tirtarnen
,tFmb ,tmon that is equal to 70; of+he�rff—#2d eFnpfoyee's base salaFy.
14 of 21
Exhibit A to Resolution Number XXXX Executive/Mid Management
B. Miscellaneous and Marine Safety,Employees ., --- Formatted:Font:Bold,Underline
-- --------------
Formatted:Font:Bold,Underline
1. The C-ity shall p,ay the following amounts toward the Miscellaneous•;
Formatted:Indent:Left: 0",First line: 0",
employees CalPER_S-required contribution of 7%of their compensation earnable: Numbered+Level: 1+Numbering style:A,B,
C,...+Start at: 1+Alignment:Left+Aligned
at: 0.25"+Tab after: 0.75"+Indent at:
a. Effective first pay period on or following January 1 2013: 5%-,, `,,', 0.75",Tab stops: 0",List tab+Not at 0.75"
(Employees pay 2%) Formatted:Font:Bold,Underline
b. Effective first pay period on or following July 1, 2013: 3% Formatted:Indent:First line: 0.25"
(Employees pay 4%) Formatted:Indent:First line: 0",Numbered
C. Effective first pay period on or following July 1, 2014: 1% +Level: 1+Numbering Style:a,b,c,...+
(Employees pay 6%) Start at: 1+Alignment:Left+Aligned at:
d. Effective first pay period on or following JuIV 1, 2015: 0% 0.25"+Indent at: 0.5"
(Employees pay 7%)
2. The City shall pay the following amounts toward the Marine Safety position- atted:Indent:First line: 0.25"
employees CalPERS required contribution of 7% of their compensation earnable:
a. Effective first pay period on or following January 1, 2013: 7%- ----- Formatted:Indent:Left: 0.5",First line: 0
(Employees pay 2%) Numbered+Level: 1+Numbering Style:a,b,
c,...+Start at:i+Alignment:Left+Aligned
b. Effective first pay period on or following July 1, 2013: 5% at: 1"+Indent at: 1.25"
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 Police and Marine Safety position
classifications listed in Section 18 shall participate in the 3% @ 50 formula plan
for Local Safety Members.
D. Effective November 1, 1995, the City shall include GaIPERS Section
21��.2921354-2% @ 55 for miscellaneous members.
E. City agrees to study the enhancement of retirement benefits to the current
SatPERS 2% at 55 program either through GaIPERS or other options available
through PARS. The City's commitment to study this issue in no way binds the
City to any type or form of enhancement now or in the future.
F. 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 other legislation.
SECTION 9: PROVISIONAL APPOINTMENTS
A. An employee, when authorized by the City Manager, may receive a
provisional appointment to a higher classification to fill a temporary vacancy. The
15 of 21
Exhibit A to Resolution Number-XXXX Executive/Mid Management
employee, when so appointed, must perform the duties and assume the
responsibilities of the higher classification for 42-0-80 consecutive working hours
and shall be paid according to the step in the assigned salary range of the new
position which is next higher than the salary received before the provisional
appointment.
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 10: 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. Sworn police personnel are exempt from this section.
SECTION 11: AUTOMOBILES AND MILEAGE
A. Offsers and--eEmployees of the Go covered by these Terms and
Conditions, 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 Internal Revenue Service(IRS).
B I^,,, UMbents Employees in the following positions will receive a monthly
automobile allowance of $350 dollars in lieu of the above-stated mileage
reimbursement: Assistant to-the-City Manager/Public Works Director-
9irester-sf
Development R-°^ArOes. The City n, I ...on will rese+ve a menthly
The City� n,nnanageF,
Deputy Director of Public Works/ Maintenance
and Utilities, Marine Safety Chief and Chief of Police positions will receive a
rnnnthly-autoMoNle allay.oannp Ar thphave use of a City vehicle.
SECTION 12; MOBILE PHONE ALLOWANCE
4-RGUmbents on the following positions will F8Geive a monthly mobile phone
ntay$761 per meetfa
Assistant to the City Manager
ASSgGi ate ER o
Ghee
city Gler
16 of 21
Exhibit A to Resolution Number XXXX Executive/Mid Management
City Engineer
City anaW
nA-riae Safety Chief
IlAarinn Safety Lieutenant
,tenant
SECTION 13: ADMINISTRATIVE LEAVE
Effective the 1 st payroll period in Apr+IJuly 201399, and every July 1 st thereafter:
A. Mid--Management position classifications, unless otherwise specified,
shall be entitled to 40 hours of administrative leave each fiscal year.
B. All incumbents in Executive Management position classifications shall be
entitled to 9648 hours of administrative leave each fiscal year.
C. Administrative leave days may not be carried forward to succeeding years
nor may they be turned in for cash value.
SECTION 14: LIMITATIONS
A. No employee who is eligible to receive Workers' Compensation is eligible
to receive overlapping benefits (except life insurance) stated in this--these
reselUtiGRTerms and Conditions.
B. City shall not make any monthly payments for premiums for any insurance
benefit listed in this-these fe°. nTerms and Conditions, or uniform allowance,
supplemental pay of any type and/or type of bonus on behalf of, or tom any
employee who has been absent without authorization during entire said month or
for any employee who has terminated for any reasons whatsoever or who is on
leave of absence without pay orf who is suspended from duties without pay for
the entire said month.
SECTION 15: DEFERRED COMPENSATION
The City shall contribute the equivalent to 3.5% of base salary per payroll period
into a deferred compensation program for each iasaP bent-employee in the
Executive Management and Mid-Management position classifications.
17 of 21
Exhibit A to Resolution Number-XXXX Executive/Mid Management
SECTION 16: 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 17: WORK SCHEDULE
At the discretion of the City Manager, work schedules may be altered as needed
to meet the service demand levels of the residents of the City of Seal Beach.
SECTION 1B: SALARIES
A. Effective the first payroll period following ApFii-January 1,43;2013W:
Executive Management
Grade Job Classifications
59 Chief of Police
55
575 Assistant City Manager Director of
Public Works
51 Director of FneR
SepAoesCommunity Development
39 Marine Safety Chief
Elected Official
Grade Job Classifications
40 City Clerk
18 of 21
Exhibit A to Resolution Number XXXX Executive/Mid Management
Mid-Management
Grade Job Classifications
47 Deputy Director of Public Works/City
Engineer
39 ManagerDeputy Director of Public
Works/Maintenance and Utilities
36 Administrative Manaqer
36 Finance Mana er
36 Senior Planner
36 Recreation Manager
36 Associate Engineer _
31 Marine Safety Lieutenant
29 Emergency Services Coordinator
26 Management Analyst
25 Accountant
Confidential
Grade Job Classifications
13 Executive Assistant(Confidential)
Formatted:Font:Not ItatK
Formatted:Left
B.
County, Les—Angeles Q Riverside Counties,) adjustment tcapped at "o�fGr
€xeGutive ManagemeRt, €feGt d Official, and Mid Management.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 Formatted:Font:12 pt
1.5%cost of living adiustment. Formatted:Indent:Left: Coss°
.First pay period on or following July 1, 201a- CPI adjustment, minimum 1% Formatted:Font: 12 pt
up to 3% maximum, as measured utilizing the change in the Los Angeles - Formatted:Font: 12 pt
Riverside - Orange County All Urban Consumers Index for the 12 months of Formatted:Font:12 pc
April 201 March 2013. - -_--- Formatted:Font:12 pt
Formatted:Font: 12 pt
19 of 21
Exhibit A to Resolution Number-XXXX Executive/Mid Management
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 Urban Consumers Index for
the 12 months of April 2014- March 2015.
------- Formatted:Indent:Left: 0.38"
S. €#festive the first yroll pefied is duly,20-1 1, a OP', fir! MaFGh Orange
Cg„ +., Les Angeles Q. ta+verss do C ,,,+oR #er
�-.meet E!eGted-G f;v4 apA-T.r d-MaAagexleR.
SECTION 19: TUITION REIMBURSEMENT
A. Higher Education Degree Programs — Executives and Mid-Managers
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 each
calendar year at the tuition rate of the Cal State University system for up to two
(2)semesters of full-time, undergraduate enrollment.
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 2009 2013 semester and
completes 2 (3-unit) undergraduate courses with a
grade of"C" or better. The tuition reimbursement would
be calculated as follows:
201298/201309 State University Tuition $ 8851,587.00 (0-
6 units)
Required University Fees $ 4-T 2384.00(approx.)
Parking $ 123.00
Books $ 300.00 (approx.)
TOTAL $4;4802,394.00
20 of 21
Exhibit A to Resolution Number XXXX Executive/Mid Management
SECTION 20: TERM
The ter.m. of these provisions shall APFOI 14=2-0-09, an shaN
sent+n We thFG gh ' ne W,2-014These Terms and Conditions shall become
effective on December 10, 2013.
************
21 of 21
Redline & Strikethrough
Seal Beach Professionals Association
Memorandum Of Understanding
Adopted by Resolution XXXX
EXHIBIT B
SEAL BEACH SUPERVISORS &
PROFESSIONALS ASSOCIATION
MEMORANDUM OF UNDERSTANDING
ADOPTED: Apra! 43, 2 December 10, 2012
EXPIRES: JUNE 30, 2122016
Resolution Number XXXX 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
SECTION5: SICK LEAVE ......................................................................................8
SECTION 6: BEREAVEMENT LEAVE...................................................................8
SECTION 7: VACATION TIME................................................................................9
G-Time.........................................................................................................10
SECTION 8: HOLIDAYS .......................................................................................10
SECTION 9: RETIREMENT...................................................................................11
SECTION 10: OVERTIME AND CALL OUT PAY.................................................11
SECTION 11: COMPENSATORY TIME OFF.......................................................12
2 of 29
Resolution Number XXXX SBSPA
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
SECTION 17: DEFERRED COMPENSATION .....................................................12
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.....................................................................................14
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
3 of 29
Resolution Number XXXX SBSPA
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
SECTION24: TERM..............................................................................................18
SECTION 25: APPEALS.......................................................................................18
SECTION 26: REOPENER....................................................................................18
SECTION 27: RATIFICATION...............................................................................18
4 of 29
Resolution Number XXXX SBSPA
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SEAL BEACH
AND
SEAL BEACH SUPERVISORS & PROFESSIONALS
ASSOCIATION
SECTION 1: RECOGNITION
A. Pursuant to the provisions of Employee-Employer Relations 9rd+flake
um r-h Resoand/or 5242, as amended, the City f Seal Beach hereinafter Comment[PGl]:7bisisnowResolution5242
Y _ . ---------------
"Employer" and/or Vanagement" interchange _Ny)_has_ �eornrmnt[PG2]:'•Mamagement"is used many "1
recognized for the purpose of this Memorandum of Understanding (MOU), the t�mes throughout MOUto refer toCity J
Seal Beach Chapter of the Cenf+dentialigu peNmsor„/orefessiGnai-2 d T hn;GaI
€mployee,sSupervisors 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 1-abeve21.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 and-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.
5 of 29
Resolution Number XXXX SBSPA
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. Th's "– MOU shall be—e#er-,tiveby--aPA--between�r anagement and
ASSOGiato by MaRagemei# and the required n mbeF of the duly
at+thari ^ni erl r S°A�.t;;Qs-ofnss aThis document supersedes
all prior Memoranda of Understanding and verbal agreements between the
parties'heretd,. Comment[PG3]:The deleted sentence has be en
--
- --- - superseded by tlrc parties inclusion ot'section 27
H. The City agrees to deduct from the paycheck of all employees who submit "ratification"in the hIOC
authorization cards and are covered by this MOU voluntary contributions to
Democrat, Republican, 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 an --or Federal law. No deduction shall be made which is
prohibited by applicable law. The City shall transmit to:
D.R.1.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 Mmanagement 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
Mmanagement, 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", raRage;eRt 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 of 29
Resolution Number XXXX SBSPA
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.
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.
7 of 29
Resolution Number XXXX SBSPA
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 2(1092013, CalPERS has established the minimum
PEMHCA contribution at$11504-per month per employee.
2. The City shall contribute an equal amount towards the cost of medical
coverage under PEMHCA for both actime 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 Employe s only $55 705.10/month
For Employee and 1 dependent $ 591 089.60/month
For Employee and 2 or more dependents $14-001 409.06/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 20892013, an
single—employee'sonly monthly flex dollar allowance is $559705.10, of that
$550705.10; $,404-115 has b een designated by the City as_its-required PEMHC_A -..- Formatted:Not Highlight
contribution to CaIPERS. The monthly flex dollar allowance may only be used in Formatted:Not Highlight
accordance with the terms of the City's cafeteria plan.
8 of 29
Resolution Number XXXX SBSPA
5. Effective January 1, 2014, and every January 1,t during the term of Formatted:Indent:First line: 0s",Tab
this agreement, the City shall increase the contribution amounts above by the stops: 1.06",Left
average percentage of increase for basic plans published by CalPERS which sets Formatted:superscript
health insurance premiums for the coverage year.
56. 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 health medical insurance coverage under an alternative plan).
Election forms are available in the PeFsennel^'rireHuman Resources.
67. Full-time employees of the e--Qtycovered 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.
-78. Employees who change classification from full-time to part-time
provisional, hourly or seasonal shall not be eligible for participation in the cafeteria
plan.
89. 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.
9. City shall implement a pizepoAionate Qpr-rcncn±fc+ fnF health G
overage duFinn term of 11 Q I;
in A- Formatted:indent:Left: 0",First line: 0",
up to 30, oaf} Ijm as—rmeasured Utili- ilg the change i +he LAF; ❑nnelec _ Right: 0„
Riynemide—Orange Count III Urban GA-FisumeFS Ind r+hey Q mnnthhS 9eff1AApn ll
tt/ttct_h 4 q rr-.,a.- F•m,-v-rll 10
a
up to no!- maximum as. -utilizing the change in the-Les-A Rgeles-
Riverside - QFaR.e rOURt y An I Irhon Gan6„mers Inge w for tkte-722rnaeths of Apaa
2010 _ Ma.cGh 2QI1
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
9 of 29
Resolution Number XXXX SBSPA
Employees covered by this agreement 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 aAgreement shall have the option upon
retirement, to continue participation in the City's health insurance program at the
employee's expense.
R b }t&-ith'20
n nRGa„ t nmhiner „ear-:-G
have 5`55 years of and retire befnr 31 10, shall be
e-[�oser�beF--�r-29 # „--oa
a�pGe—Gavern enner4 at the DI7f'l ote. �#
$air{emnlayee has 30 gr mer, in years
retirement eligible del7eYideRt-iealth inSWFanGe GGVeFage oh oi�rrrna-a''�ovvpj q ----,.---- Comment[PG4]:Does not apply to any
r-B. Qualified inr.uFn ben teEmployees covered by this Agreement who were
hired before April 13, 2009, have w44-20 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 health 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 health 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.
PC. Qualified inC,µmbefts hirer) by the City an er after pr4l 13, 2009, with 20
OF MGFe G ined years of employment with the Gity, have reached 55 years of
em he 34 201l shall ben yirer w0th inr:yi4l la he lth o gr retiree after lee
Gapped -at the PEEMHCA MIROMUM as-desigr4ated-by
SaIPE-RS. If said o nln e has 30 -GGA-•binerd years of a nln ent
the G ty upon retirement eligible dependent
health4l:FI4FaAGe-G Gv eraga shall-al-so
hen yidEld Gapped at the D= HGA minimum s deoignaterby fal?€ SOn
or
after January 1s1 2008 the City shall contribute to the cost of medical coverage Formatted:superscript
for each eligible retiree and dependents, an amount not to exceed the California
Public Employees' Medical and Hospital Care Act (PEMHCA) minimum
contributlortl. CommE[PG5]:The previous paragrapbdoes
not comply with PEb1HCA. As was stated in seGiolt
3.a..?,the City will contribute die PEN414CA
mmunum for all retirees no matter how many years
of service they have
10 of 29
Resolution Number XXXX SBSPA
ED. In all cases, the City's contribution for eligible dependent coverage for
retirees shall terminate with the death of the retiree.
FE. 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. Pnenthly G ntr- Ition the City would ethe ise
have GGR ;:Fb ted to that moor Foci o p"e^towafd health and dental ur-anGe
prem+tim s
SECTION 5: SICK LEAVE
A. All full-time employees covered by this resolution-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
re&GI_u�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-children, mother-in-law,
father-in-law, registered domestic partner-in-law or dependent relative living with
the employee.
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Resolution Number XXXX SBSPA
SECTION 7: VACATION TIME
A. All full-time employees covered by this reselutionAgreement, 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 aAgreement, 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.
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 T 10769 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
12 of 29
Resolution Number XXXX SBSPA
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.
I. 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.
J. Employees covered by this reselutivn--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.
K. _general Leave Time (G Time)
1. G-Time-mu,&t-b°exhausted by Mine 3n 7010
2. (.'._Time May he utilized �iaGafinn_Gr ,ck-I$,ave_up._.to-'-6n hours
per fi.sGal magi he assigner! as defe ed G e ati.. er-Gash �p t4a-460
T'�° � comment[PG6]:All G-time has been exhausted
SECTION 8: HOLIDAYS
13 of 29
Resolution Number XXXX SBSPA
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 Dav January 1st
Martin Luther Kingd 3rd Monday in January
Da
President's' Day 3rd Monday in February
Memorial Day Last Monday in May
Inde endence Day July 4th
Labor Day First Monday in September
Veteran's Day November 11 th
Thanksgiving Day Fourth Thursday in November
Calendar day following Thanksgiving Da
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),
afld�a��at be carr4ed fopAw4 beyond the 19Fm of this agreernent. 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
Fhursday, 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,
14 of 29
Resolution Number XXXX SBSPA
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,--as-aPP'
Example: Employee A works 6 hours on Christmas Day. Employee A
would earn pay computed as follows:
Hours Pay Rate
Full-shift holiday pay RequlaFbase hourly rate
6 hours work pay Rregular base-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 2004220042 One Year Final Compensation
Section 2082920965 Credit of Unused Sick Leave
Section 2093-:021024 Military Service Credit
B. The City shall pay that peFtien of the---affected pleyee FetiremeRt
GeRtFibUbO that is equal to 7%of the .affenterl employees' base-sa4ar:�
A. Miscellaneous and Marine Safety Employees
1. The City shall pay the following amounts toward the Miscellaneous
employees CalPERS 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:
15 of 29
Resolution Number XXXX SBSPA
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%)
B. €Fi ployeeG all GYeF 7% rf + e ^s"f their DGRR ra+ireFAepA +he
t&:
+iye fir inn Innuapy 1 1Q• 70 Inn
€€fecr<,-o-rrrs�ga,�eried en or ellew , 2��—c-�a �aor6e Formatted:Numbered+Level: 1+
Cffon+ivo fir&+r, r.rl.+ r,r fr,ilruA,inr. 1,.L, 7(11 4• 70% h.,&r. &.,lor, Numbering Style: 1,2,3,...+Start at: 1+
�� Alignment:Left+Aligned at: 0.25"+Indent
EffeGtffi e fir&+na my 1. '.201 4: 27/(Y)aa&e sa11ary at: 0.5°
1• IllewT,in�F Ii, 1, 201T�1 4-ba�balary
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 PIERS Section 21 51.3221354 - 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 2-3 hours.
Call out time shall start when employee is called to service.
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.
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Resolution Number XXXX SBSPA
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 4-29-80 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
9ff+ser eEmployees e€the-Go 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. All shall be entitled to 16 hours of administrative
leave during each fiscal year.
B. Administrative leave days-hours may not be carried forward to succeeding
years nor may they be turned in for cash value.
17 of 29
Resolution Number XXXX SBSPA
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 feselUtiGRMOU.
B. City shall not make any monthly payments for premiums for any insurance
benefit listed in this reselut+eriMOU, 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 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 mot—employee in the GeRfieRtial,
Supervisorys or-arid 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
18 of 29
Resolution Number XXXX SBSPA
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 designated--City Manager holiday
designated closure work day, the employee will receive pay computed at 1'/Z 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, 20092013. Employee A would earn pay
computed as follows:
Hours Pay Rate
4 hours work pays 1'/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.
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 2009-2013 semester and
completes 2 (3-unit) undergraduate courses with a
grade of"C"or better. The tuition reimbursement would
be calculated as follows:
200812/200813 State University Tuition $
X1,587.00 (0-6 units)
Required University Fees $ 1-7-2384.00
(approx.)
Parking $ 123.00
19 of 29
Resolution Number XXXX SBSPA
Books $ 300.00 (approx.)
TOTAL $4--, A2.394.00
SECTION 21: COMPENSATION PLAN
A. Basic Compensation Plan
1. A"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 his-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 employees 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
20 of 29
Resolution Number XXXX SBSPA
Head from denying the increase after evaluation, nor shall it prevent him from
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 42-9-80 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 124-80
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 any employee in-the
department 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_�_.. Formatted:Fors.Bold
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 Adiustments During Term of MOU
1. The salary schedule for each position classification affected is hereby
determined and established upon adoption by City Council—and-s#aN-beseme
Salary increases are as
follows:
21 of 29
Resolution Number XXXX SBSPA
First pay period on or following de4�January 1, 20193 - GP
adjustment, MiAirAYM 0 up to 3% maximum, a6 MAPPIF19d
Utilii�Rq the County All 1_IFh_aA C-A-RFRUMA-1:6 'Rd-A-9 fQ-.r the 12 months of ApOl
aFGh 204 Employees shall receive 1.5%cost of living
adjustment.
First pay period on or following July 1, 20143 - CPI
adjustment, Mminimum 1% up to 43% maximum, as
measured utilizing the change in the Los Angeles - Riverside-
Orange County All Urban Consumers Index for the 12 months
of April 20102-March 20143.
First pay period on or following July 1. 2014-GPI adjustment, —(Formatted:Indent:First line: 0° -�
Mminimum 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,
Mminimum 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 2014 -
March 2015.
Confidential
Grade
-lab Qlaccofina
4g ——
--- Comment[Tech7]:Account Technician and
Deputy City Clrttc moving to Supervisory.Executive
Assistant deleted
Nnn-CnnfiderWaWrofessionals
Grade Job Classifications
r„n,., «•„o Assjs ten+accounting r
439 Technician Formatted Table
13 Executive Assistant
18 Deputy City Clerk
28 Assistant Engineer
28 Assistant Planner
22 of 29
Resolution Number XXXX SBSPA
i
Supervisory
Grade Job Classifications
13 Senior Accounting Technician Formatted Table
14 Community Services Coordinator -. Comment[PCS]:Transfer of classification Gom
_-.----.
Fleet Maintenance Program OCEA to SBSPA-
20 Manager �I - Formatted Table
25 Water Services Supervisor
25 Maintenance Services Supervisor
25 'n�°: erv+ces Sefvisof
25 Ma me S Se es c
29 A&&!F aat-€-P giaeeF
28 Assistant rP;tz„Tr°cr
Technical
Job Classifications
723-1 Marine Safety Officer
*See G H
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.
23 of 29
Resolution Number XXXX SBSPA
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, eXGept that the City shall contribute to athe employee's
n eripkeyee's-fned Gal--aad+ &°^'a' h°°'«h plan, 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
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 plant#e-current-health-bap°F"° (meth^al dental,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 tine
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.
24 of 29
Resolution Number XXXX SBSPA
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.
6. —A- mlax; FAi Y—feaV8 iR -any
par;..rr inlo n greater�+rt ,r;�t,_�,c nrocnr;L.nrr r-w cin#o or fnr{or�l Comment
`'Yr [Teeh9}:Per FMLA and DpEH based
on 12 week/12-month plan
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 °dministrativ
Ser=vicesFinance Department.
3. Employees must be in regular full-time appointed positions to be
eligible to receive fer 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 °Administrative-ServisesFinance Department.
25 of 29
Resolution Number XXXX SBSPA
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 a-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 term of this Rpsnl-ufi8 _Shall-Go HI 13 2009 aR d shall .-ORtiRl ^
thFough june 30 2012The Memorandum of Understanding shall remain in full
force and effect from December 10, 2012 until midnight, June 30, 2016.
SECTION 25: APPEALS
A. Rersonnel-rule 12.132 ^^+•nthstanding unit °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. ThT,,pASS Giatien and Git gree-that-hHearings 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
26 of 29
Resolution Number XXXX SBSPA
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 of-by the required number of the duly authorized
representatives of the Association. Following such approval and adoption, the
Memorandum of Understanding shall be implemented by the appropriate
resolution(s), ordinance(s), or other written action of the City Council.
27 of 29
Resolution Number XXXX SBSPA
IN WITNESS HEREOF, the parties have hereto caused this Memorandum of
Understanding to be executed this 130th day of Ap4December
200912.
CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVES:
- Bate - -
David IN'.GaFinanyJill R. Ingram,
Date:
Sean P. Crumb a, Assistant City Manager/
Public Works Director
Date:
d+I1--R-1agramPatrick Gallegos, Assts ^t to the City M WAdministrative
Manager
Date'.tiGWGfks
SEAL BEACH SUPERVISORS AND PROFESSIONALS ASSOCIATION
REPRESENTATIVES:
Date:
LU Gy Agr;T Nick Bolin President
Date:
Gregorio Daniel, Teamsters
Date:
Ni^k Q^� Formatted:Strikethrough
- - -- --—--
28 of 29
Resolution Number XXXX SBSPA
Date:
Anita GbapaRGR 4Caesar Rangel
n'te:
Bob Eagle
29 of 29
ATTACHMENT "A"
RESOLUTION NO. 6332
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
ESTABLISHING THE TERMS & CONDITIONS OF
EMPLOYMENT WITH THE EXECUTIVE/MID-
MANAGEMENT EMPLOYEES, FROM DECEMBER 10,
2012 - JUNE 30, 2016
RESOLUTION NUMBER 6332
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING THE TERMS AND CONDITIONS OF
EMPLOYMENT FOR EXECUTIVE/MID-MANAGEMENT
EMPLOYEES EFFECTIVE JANUARY 1, 2013
WHEREAS, the City of Seal Beach ("City") affirms the dignity and worth of the
services rendered by its employees.
NOW THEREFORE, the Seal Beach City Council hereby resolves:
Section 1. The City Council hereby approves the terms and conditions of
employment for executive/mid-management employees set forth in Exhibit A
attached hereto and incorporated by this reference.
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:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
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 6332 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.
City Clerk
Adopted by Resolution No. 6332
EXHIBIT A
•� SEAt .
O
to : -
�,:,s�.,�.
'�•;4C/FO R b
EXECUTIVE MANAGEMENT
MID-MANAGEMENT
TERMS & CONDITIONS OF EMPLOYMENT
EFFECTIVE: December 10, 2012
EXPIRES: JUNE 30, 2016
Exhibit A to Resolution Number 6332 Executive/Mid Management
TABLE OF CONTENTS
SECTION 1: MANAGEMENT RIGHTS...................................................................4
SECTION 2: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY
INSURANCE
A. Health Insurance Coverage......................................................................4
B. Life Insurance ...........................................................................................5
C. Income Continuation.................................................................................6
SECTION 3: RETIREE HEALTH INSURANCE ......................................................6
SECTION 4: SICK LEAVE ......................................................................................8
SECTION 5: LEAVES OF ABSENCE
A. Authorized Leave of Absence without Pay...............................................8
B. Bereavement Leave..................................................................................8
C. Military Leave of Absence ........................................................................9
D. Pregnancy Disability Leave of Absence ...................................................9
E. Family Leave ............................................................................................9
F. Catastrophic Leave.................................................................................10
SECTION6: VACATION .......................................................................................11
2of19
Exhibit A to Resolution Number 6332 Executive/Mid Management
SECTION 7: HOLIDAYS
A. Holidays..................................................................................................12
B. Holiday Closures.....................................................................................13
SECTION 8: RETIREMENT SYSTEM...................................................................13
SECTION 9: PROVISIONAL APPOINTMENTS ...................................................14
SECTION 10: SENIORITY BONUS ......................................................................15
SECTION 11: AUTOMOBILES AND MILEAGE...................................................15
SECTION 12: (RESERVED)
SECTION 13: ADMINISTRATIVE LEAVE ............................................................15
SECTION 14: LIMITATIONS.................................................................................16
SECTION 15: DEFERRED COMPENSATION .....................................................16
SECTION 16: BILINGUAL COMPENSATION......................................................16
SECTION 17: WORK SCHEDULE........................................................................16
SECTION 18: SALARIES......................................................................................16
SECTION 19: TUITION REIMBURSEMENT.........................................................18
EFFECTIVEDATE..................................................................................................19
3 of 19
Exhibit A to Resolution Number 6332 Executive/Mid Management
TERMS & CONDITIONS OF EMPLOYMENT
BETWEEN
THE CITY OF SEAL BEACH
AND
EXECUTIVE MANAGEMENT
AND MID-MANAGEMENT EMPLOYEES
SECTION 1: MANAGEMENT RIGHTS
The City reserves, retains and is vested, solely and exclusively, with all rights of
Management which have not been expressly abridged by specific provisions of
this Resolution of Compensation, as such rights existed prior to the execution of
this Resolution.
SECTION 2: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY
INSURANCE
A. Health Insurance Coverage
I. The City shall provide for full-time employees and eligible retired
employees a group hospital, medical and dental insurance plan.
2. 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. 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 employees during
negotiations. For employees participating in the City's full flex cafeteria plan,
each employee shall receive a monthly flex dollar allowance to be used for the
purchase of benefits under the full flex cafeteria plan. Beginning January 1,
2013, the monthly flex dollar allowance shall be:
For Single Employees $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,
a single employee's monthly flex dollar allowance is $705.10, of that $705.10;
4of19
Exhibit A to Resolution Number 6332 Executive/Mid Management
$115has been designated by the City as its required PENIHCA contribution to
CalPERS. The monthly flex dollar allowance may only be used in accordance
with the terms of the full flex cafeteria plan.
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 CalPERS which
sets health insurance premiums for the coverage year.
6. Employees enrolled in -the plan are required to pay any premium
amounts in excess of the above City contribution. Such amounts will be
deducted from the affected employee's payroll check on the 1" 2 pay periods for
each month.
7. Beginning January 2014, the minimum employer contribution for
participating in the PEMHCA will be adjusted annually to reflect any change in
the health care component of the Consumer Price Index. Effective January 1,
2013, the minimum employer contribution is $115 per month per
employee/retiree.
8. Employees meeting the waiver criteria and electing to waive
enrollment in the City's full flex 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.
9. Part-time, seasonal, provisional and/or hourly employees shall not
be eligible for participation in this program.
10. Full-time employees by these Terms and Conditions who have
completed 30 days of uninterrupted service shall be enrolled in the full flex
cafeteria plan on the 1st day of the next succeeding month.
11. Employees who change classification from full-time to part-time
provisional, hourly, or seasonal shall not be eligible for participation in the full flex
cafeteria plan.
12. The City shall not contribute a flex dollar amount 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
1. All employees incumbent in position classifications listed in Section
18 shall receive a $50,000 term life insurance policy paid by the City.
5of19
Exhibit A to Resolution Number 6332 Executive/Mid Management
2. 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
1. Employees incumbent in position classifications listed in Section 18
shall receive an income continuation 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.
2. 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.
3. 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 3: RETIREE HEALTH INSURANCE
A. Employees covered by these Terms and Conditions shall have the option
upon retirement, to continue participation in the City's health insurance program
at the employee's expense.
B. All incumbents in the Executive Management classification who retire on
or before December 31, 2009, with 20 or more combined years of employment
with the City shall, upon retirement, be provided with individual and eligible
dependent medical insurance coverage. The City shall contribute monthly to the
cost of the selected coverage consistent with the appropriate level as specified in
Section 2 - A in these Terms and Conditions.
C. Employees covered by these Terms and Conditions and in the Executive
Management classifications who were hired before January 1 , 2008, and who
retire after December 31, 2009, have 20 or more combined years of employment
with the City shall, upon retirement, be provided with individual medical insurance
coverage. 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 at the rate of (a) the average of the 2 lowest cost medical care
plans offered by CaIPERS, or (b) the CalPERS Kaiser HMO, whichever is
greater. When the retired employee becomes Medicare eligible, the City's
contribution will be capped at the rate of (a) the average of the 2 lowest costs
Medicare supplement plans offered by CaIPERS, or (b) the CaIPERS Kaiser
HMO Medicare supplement plan, whichever is greater.
6of19
Exhibit A to Resolution Number 6332 Executive/Mid Management
D. Employees in the Mid-Management classification who retire after
December 31, 2007, and on or before December 31, 2009, with 20 or more
combined years of employment with the City shall, upon retirement, be provided
with individual and eligible dependent medical insurance coverage. The City
shall contribute monthly to the cost of the selected coverage consistent with the
appropriate level as specified in Section 2 - A in these Terms and Conditions.
E. Employees in the Mid-Management classification who were hired before
January 1, 2008, and who retire after December 31, 2009, with 20 or more
combined years of employment with the City shall, upon retirement, be provided
with individual medical insurance coverage. 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 at the rate of (a) the average
of the 2 lowest costs medical care plans offered by CalPERS, or (b) the
CalPERS Kaiser HMO, whichever is greater. When the retired employee
becomes Medicare eligible, the City's contribution will be capped at the rate of (a)
the average of the 2 lowest costs Medicare supplement plans offered by
CalPERS, or (b) the CalPERS Kaiser HMO Medicare supplement plan,
whichever is greater.
F. Employees who were hired on or after January 1, 2008, and who retire
from the City, shall be eligible to receive a City contribution not to exceed the
PEMHCA minimum employer contribution towards health coverage under
CalPERS, as determined by CalPERS from time to time.
G. An employee with a service retirement and who is eligible to receive
retiree medical insurance per Section 3, B & C of this exhibit, may also receive
an increase to the medical insurance cap in effect at the time of his/her
retirement (not to exceed $175 per month in additional contributions), until
Medicare begins at age 65 with lower supplemental insurance rates. This
additional contribution to the cap will accommodate increases in medical
insurance plans over the term of the employee's retirement.
H. Sworn police personnel identified in Section 18 shall be subject to the
retiree medical plan contained in the Memorandum of Understanding with the
Seal Beach Police Officer's Association.
I. In all cases, the City's contribution for eligible dependent coverage for
retirees shall terminate with the death of the retiree.
J. In the event an eligible retired employee resides in an area where the
medical 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.
7of19
Exhibit A to Resolution Number 6332 Executive/Mid Management
SECTION 4: SICK LEAVE
A. All full-time employees covered by these Terms and Conditions shall
accrue sick leave at the rate of 1 day per month (8 hours). The maximum
accrual of sick leave hours shall be 520 hours.
B. Existing sick leave balances which have remained intact and have not
been converted to leave time may be utilized by the employee for sick leave
purposes only.
C. Upon termination of employment with the City, all compensable leave
hours will be paid to the employee at the employee's base rate of pay. Sick
leave balances which have not been converted to leave time will be paid to the
employee upon termination at 25% of the employee's base rate of pay.
D. Employees who are on authorized leaves of absence, without pay, shall
not accrue sick leave hours during said leaves of absence.
SECTION 5: 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 leave 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 Council may grant a
leave of absence, with or without pay, for a period not to exceed one (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 these Terms and Conditions, shall contribute to the employee's
disability insurance plan, and life insurance plan for the first 30 days of leave of
absence.
B. 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
8of19
Exhibit A to Resolution Number 6332 Executive/Mid Management
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, domestic partner-in-law or dependent relative living with the
employee.
C. 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
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 three (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 (three) 3 months of military leave, the employee may
continue said benefits at their cost.
D. 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.
E. 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 5 - B.
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
9of19
Exhibit A to Resolution Number 6332 Executive/Mid Management
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.
F. Catastrophic Leave - The purpose of the Catastrophic Leave Pool is to
enable full time employees to receive and donate vacation, administrative leave,
and Compensatory Time Off (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.
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.
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Exhibit A to Resolution Number 6332 Executive/Mid Management
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 6: VACATION
A. Executive Management employees who shall have at least one year's
continuous service as a full time employee immediately preceding shall be given
a vacation of approximately 120 hours with pay each year. Executive
Management employees shall be entitled to eight (8) additional hours of vacation
for each year of full-time continuous service each year thereafter.
B. All mid-management employees who shall have at least one year's
continuous service as a full-time employee immediately preceding shall be given
a vacation of 80 hours with pay each year.
C. All Executive Management employees shall only be allowed to accrue a
maximum of 320 hours of vacation. This maximum can only be exceeded with
approval of the City Manager.
D. All mid-management employees, who shall have at least three (3) years of
continuous service shall be entitled to eight (8) additional hours of vacation for
each year of full-time continuous service in excess of three (3) years. The
vacation accrual schedule for mid-management employees is as follows:
Years Vacation Maximum Hourly Annual Maximum
Service Hours Accrual Rate/ Pay Vacation Vacation
Earned Period Bi-Weekly Hours Accrual
1 80 3.0769 80 160
2 80 3.0769 80 160
3 80 3.0769 80 160
4 88 3.3846 88 200
5 96 3.6923 96 200
6 104 4.0000 104 200
7 112 4.3044 112 200
8 120 4.6154 120 200
9 128 4.9231 128 240
10 136 5.2308 136 240
11 144 5.5385 144 240
12 152 5.8462 152 240
13 160 6.1538 160 240
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Exhibit A to Resolution Number 6332 Executive/Mid Management
E. Employees of the City considered as hourly, part-time and/or seasonal
employees shall not be eligible for paid vacations.
F. Employees who have authorized leaves of absence without pay shall not
accumulate vacation credits or pay during said leave of absence.
G. Employees are encouraged to use at least the amount of vacation hours
earned each fiscal year. Those employees who have been credited in excess of
the maximum vacation accrual allowed are expected to use a portion of the
excess as leave time, in addition to other vacation time, 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 the
maximum accrual level. 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. The time at which an employee shall take 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.
I. Not more than once in each fiscal year, an employee who has completed
at least one year of continuous service shall, upon request, receive
compensation for up to 80 hours of accrued vacation time provided that the
employee has taken 50 hours of vacation time off within that fiscal year. An
employee shall also, upon request, receive compensation for up to 120 hours of
accrued vacation time provided that the employee has taken 80 hours of accrued
vacation time off within that fiscal year.
SECTION 7: HOLIDAYS
A. All employees incumbent in position classifications listed in Section 18
shall be granted the following holidays with pay:
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Exhibit A to Resolution Number 6332 Executive/Mid Management
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).
B. Holiday Closures — The City Manager may designate up to five (5) specific
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.
SECTION 8: RETIREMENT SYSTEM
A. The retirement program provided by the City shall consist of a pooled
Public Employee's Retirement System (PERS) plan which includes the following
provisions:
Section 20042 - One Year Final Compensation
Section 20965 - Credit of Unused Sick Leave
Section 21024 - Military Service Credit
13 of 19
Exhibit A to Resolution Number 6332 Executive/Mid Management
B. Miscellaneous and Marine Safety Employees
1 . The City shall pay the following amounts toward the Miscellaneous
employees CalPERS 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 CalPERS 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 Police and Marine Safety position
classifications listed in Section 18 shall participate in the 3% @ 50 formula plan
for Local Safety Members.
D. Effective November 1, 1995, the City shall include PERS Section 21354 -
2% @ 55 for miscellaneous members.
E. City agrees to study the enhancement of retirement benefits to the current
PERS 2% at 55 program either through PERS or other options available through
PARS. The City's commitment to study this issue in no way binds the City to any
type or form of enhancement now or in the future.
F. New employees/members hired on or after January 1 , 2013 as defined by
"fhe Public Employees' Pension Reform Act (PEPRA) will be hired at the
retirement formula in accordance with the PEPRA and other legislation.
SECTION 9: PROVISIONAL APPOINTMENTS
A. An employee, when authorized by the City Manager, may receive a
provisional appointment to a higher classification to fill a temporary vacancy. The
14 of 19
Exhibit A to Resolution Number 6332 Executive/Mid Management
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 next higher than the salary received before the provisional
appointment.
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 10: 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. Sworn police personnel are exempt from this section.
SECTION 11: AUTOMOBILES AND MILEAGE
A. Employees covered by these Terms and Conditions, 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
Internal Revenue Service (IRS).
B. Employees in the following positions will receive a monthly automobile
allowance of $350 dollars in lieu of the above-stated mileage reimbursement:
Assistant City Manager/Public Works Director. The Deputy Director of Public
Works/Maintenance and Utilities, Marine Safety Chief and Chief of Police
positions will have use of a City vehicle.
SECTION 12: (RESERVED)
SECTION 13: ADMINISTRATIVE LEAVE
Effective the 1 st payroll period in July 2013, and every July 1 st thereafter:
A. Mid-Management position classifications, unless otherwise specified, shall
be entitled to 40 hours of administrative leave each fiscal year.
B. All incumbents in Executive Management position classifications shall be
entitled to 48 hours of administrative leave each fiscal year.
15 of 19
Exhibit A to Resolution Number 6332 Executive/Mid Management
C. Administrative leave days may not be carried forward to succeeding years
nor may they be turned in for cash value.
SECTION 14: LIMITATIONS
A. No employee who is eligible to receive Workers' Compensation is eligible
to receive overlapping benefits (except life insurance) stated in these Terms and
Conditions.
B. City shall not make any monthly payments for premiums for any insurance
benefit listed in these Terms and Conditions, 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 terminated for any reasons whatsoever or who is on leave of absence
without pay or who is suspended from duties without pay for the entire said
month.
SECTION 15: DEFERRED COMPENSATION
The City shall contribute the equivalent to 3.5% of base salary per payroll period
into a deferred compensation program for each employee in the Executive
Management and Mid-Management position classifications.
SECTION 16: 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 17: WORK SCHEDULE
At the discretion of the City Manager, work schedules may be altered as needed
to meet the service demand levels of the residents of the City of Seal Beach.
SECTION 18: SALARIES
A. Effective the first payroll period following January 1, 2013:
16 of 19
Exhibit A to Resolution Number 6332 Executive/Mid Management
Executive Management
Grade Job Classifications
59 Chief of Police
57 Assistant City Manager/Director of
Public Works
51 Director of Community Development
39 Marine Safety Chief
Elected Official
Grade Job Classifications
40 City Clerk
Mid-Management
Grade Job Classifications
47 Deputy Director of Public Works/City
Engineer
39 Deputy Director of Public
Works/Maintenance and Utilities
36 Administrative Manager
36 Finance Manager
36 Senior Planner
36 Recreation Manager
36 Associate Engineer
31 Marine Safety Lieutenant
29 Emergency Services Coordinator
26 Management Analyst
25 Accountant
Confidential
Grade Job Classifications
13 Executive Assistant (Confidential)
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Exhibit A to Resolution Number 6332 Executive/Mid Management
B. 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 Urban Consumers Index for
the 12 months of April 2014 - March 2015.
SECTION 19: TUITION REIMBURSEMENT
A. Higher Education Degree Programs — Executives and Mid-Managers
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 each
calendar year at the tuition rate of the Cal State University system for up to two
(2) semesters of full-time, undergraduate enrollment.
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:
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Exhibit A to Resolution Number 6332 Executive/Mid Management
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 20: EFFECTIVE DATE
These Terms and Conditions shall become effective on December 10, 2013.
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ATTACHMENT "B"
RESOLUTION NO. 6333
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING THE MEMORANDA OF
UNDERSTANDING (MOU) BETWEEN THE CITY OF
SEAL BEACH AND THE SEAL BEACH SUPERVISORS
& PROFESSIONALS ASSOCIATION (SBSPA) , FROM
DECEMBER 10, 2012 - JUNE 309 2016
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:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
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.
City Clerk
Adopted by Resolution 6333
EXHIBIT B
,'
' c
+qC fFORN�p=:.
Ik SEAL BEACH SUPERVISORS &
PROFESSIONALS ASSOCIATION
MEMORANDUM OF UNDERSTANDING
ADOPTED: December 10, 2012
EXPIRES: JUNE 30, 2016
Resolution Number 6333 SBSPA
TABLE OF CONTENTS
SECTION 1: RECOGNITION...................................................................................5
SECTION 2: CITY RIGHTS
Rights/Responsibilities...................................................................................6
SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY
INSURANCE
A. Health Insurance Coverage......................................................................8
B. Life Insurance ...........................................................................................9
C. Income Continuation ............................................................................ 9
SECTION 4: RETIREMENT HEALTH INSURANCE ..............................................9
SECTION5: SICK LEAVE ....................................................................................10
SECTION 6: BEREAVEMENT LEAVE ................................................................. 11
SECTION 7: VACATION TIME..............................................................................11
SECTION 8: HOLIDAYS .......................................................................................13
SECTION 9: RETIREMENT................................................................................... 14
SECTION 10: OVERTIME AND CALL OUT PAY.................................................15
SECTION 11: COMPENSATORY TIME OFF.......................................................15
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Resolution Number 6333 SBSPA
SECTION 12: PROVISIONAL APPOINTMENTS .................................................15
SECTION 13: SENIORITY BONUS ......................................................................16
SECTION 14: AUTOMOBILES AND MILEAGE...................................................16
SECTION 15: ADMINISTRATIVE LEAVE ............................................................16
SECTION 16: LIMITATIONS.................................................................................16
SECTION 17: DEFERRED COMPENSATION .....................................................17
SECTION 18: BILINGUAL COMPENSATION......................................................17
SECTION 19: WORK SCHEDULE........................................................................17
SECTION 20: TUITION REIMBURSEMENT.........................................................18
SECTION 21: COMPENSATION PLAN
A. Basic Compensation Plan.......................................................................18
B. Advancement within Salary Ranges.......................................................19
C. Salary Increases.....................................................................................19
D. Salary Decreases ...................................................................................20
E. Adjustments of Salary Ranges ...............................................................20
F. Salary and Benefits on Suspension........................................................20
G. Salary Adjustments During Term of MOU..............................................20
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Resolution Number 6333 SBSPA
SECTION 22: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay ............................................21
B. Military Leave of Absence......................................................................22
C. Pregnancy Disability Leave of Absence ................................................22
D. Family Leave ..........................................................................................22
E. Catastrophic Leave ................................................................................23
SECTION 23: MISCELLANEOUS
Lay-off..........................................................................................................24
SECTION24: TERM .............................................................................................24
SECTION25: APPEALS.......................................................................................24
SECTION26: REOPENER....................................................................................24
SECTION 27: RATIFICATION...............................................................................25
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Resolution Number 6333 SBSPA
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SEAL BEACH
AND
SEAL BEACH SUPERVISORS & PROFESSIONALS
ASSOCIATION
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.
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Resolution Number 6333 SBSPA
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:
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.
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Resolution Number 6333 SBSPA
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.
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.
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Resolution Number 6333 SBSPA
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 (PENIHCA) minimum
contribution. For calendar year 2013, CalPERS 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 CalPERS.
"rhe monthly flex dollar allowance may only be used in accordance with the terms of
the City's cafeteria plan.
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
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Resolution Number 6333 SBSPA
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 1 st 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.
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Resolution Number 6333 SBSPA
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.
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
(PENIHCA) 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.
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Resolution Number 6333 SBSPA
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.
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
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Resolution Number 6333 SBSPA
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.
I. 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.
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
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Resolution Number 6333 SBSPA
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 Da January 1 st
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 Da
Christmas Eve December 24th
Christmas Day December 25th
*Floating Holiday discretion of em to ee
-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.
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Resolution Number 6333 SBSPA
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:
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 CalPERS 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 CalPERS required contribution of 7% of their compensation earnable:
a. Effective first pay period on or following January 1, 2013: 7%
(Employees pay 2%)
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Resolution Number 6333 SBSPA
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
"fhe 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.
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
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Resolution Number 6333 SBSPA
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
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.
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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 1'/a 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:
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Hours Pay Rate
4 hours work pays 1'/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.
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
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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
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
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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.
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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
Urban Consumers Index for the 12 months of April 2014 -
March 2015.
Professionals
Grade Job Classifications
9 Accounting Technician
13 Executive Assistant
18 Deputy City Clerk
28 Assistant Engineer
28 Assistant Planner
Supervisory
Grade Job Classifications
13 Senior Accounting Technician
14 Community Services Coordinator
Fleet Maintenance Program
20 Manager
25 Water Services Supervisor
25 Maintenance Services Supervisor
Technical
Grade Job Classifications
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.
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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
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. "rhe 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
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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.
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.
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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.
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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
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:
Sean P. Crumby, Assistant City Manager/
Director of Public Works
Date:
Patrick Gallegos, Administrative Manager
SEAL BEACH SUPERVISORS AND PROFESSIONALS ASSOCIATION
REPRESENTATIVES:
Date:
Nick Bolin, President
Date:
Gregorio Daniel, Teamsters
Date:
Caesar Rangel
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