HomeMy WebLinkAboutCC Res 5482 2006-07-24
RESOLUTION NUMBER 5482
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH APPROVING CITY MANAGER CONTRACT
AMENDMENT NUMBER FIVE AND MEMORANDA OF
UNDERSTANDING WITH THE EXECUTIVEIMID-
MANAGEMENT TEAM, SUPERVISORS & PROFESSIONAL
EMPLOYEES ASSOCIATION (CEA) AND ORANGE COUNTY
EMPLOYEES ASSOCIATION (OCEA) FOR FISCAL YEARS 2006
- 2009
I
WHEREAS, The City Council provided parameters for compensation and benefits
negotiations on April 24, 2006; and
WHEREAS, The City Council authorized the City Manager to negotiate within those
set parameters; and
WHEREAS, The Executive/Mid-Management team, Supervisors & Professional
Employees Association (CEA) and Orange County Employees Association (OCEA) have
accepted the terms set forth in the respective Memorandum of Understanding for each
group; and
WHEREAS, The City Council evaluated the City Manager's performance, reviewed
salary surveys from other cities and performed its annual review to determine whether
any salary adjustments would be appropriate; and
WHEREAS, The City Council wishes to amend the City Manager's contract to adjust
his salary to a level equal to the salaries provid~d by other comparable cities to their
respective city managers.
I
NOW THEREFORE, the City Council of the City of Seal Beach hereby resolves:
SECTION 1. The City Council hereby approves Amendment No.5 to the Employment
Contract between the City and John Bahorski, dated Julv 24. 2006
for City Manager services. (Exhibit "A")
SECTION 2. The City Council hereby approves the Memorandum of Understanding
(MOU) dated Julv 24. 2006 ,between the City and the
Executive/Mid-Management team. (Exhibit "B")
SECTION 3. The City Council hereby approves the Memorandum of Understanding
(MOU) dated Julv 24. 2006 . between the City and the Supervisors
& Professional Employees Association (CEA). (Exhibit "C'')
SECTION 4. The City Council hereby approves the Memorandum of Understanding
. -, .....~MOU) dated Julv 24. 2006 , between the City and the Orange
, 'G6unty Employees Association (OCEA). (Exhibit "D")
. ,.~ "-
.' " ',.. \
SECTION.s.( Th;'CSouncil hereby directs the Mayor to execute the Amendment and
\ .:':::.~~j Me~4randum of Understanding on behalf of the City.
\ ...... t..,. . .....~I,
SE€T.ION'6,,'\TIie Council hereby directs the City Clerk to insert the date of the
~~&endment into Section I, 2, 3 and 4 hereinabove.
I
SECTION 7. The City Clerk shall certify to the passage and adoption ofthis resolution.
Resolution Number 5482
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach
this 24th day of Julv ,2006 by the following vote:
ABSENT:
CouncilMemb (~)'ii141~1 *iuI.~, ?JLA~_
er&L I ( , , 1fVlI'-V'VYl
Council Members 1Jun.;
Council Members ~
Council Members 1'~
AYES:
I
NOES:
ABSTAIN:
ckttV LIO~
Mayor
ATTEST:
~M~ "OJ~
it Clerk
I
STATE QF CALIFORNIA
COUNTY OF ORANGE
CITY OF SEAL BEACH
}
} SS
}
!, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that
the foregoing Resolution is the original copy of Resolution Number 5482 on file in the
office of the City Clerk, passed, approved, and adopted by the City Council of the City of
Seal Beach at a meeting thereof held on the 24th day of Julv , 2006.
~'lf ~ l".u
Ity ler
I
Resolution Number 5482
EXHIBIT "A"
AMENDMENT NO.5
TO EMPLOYMENT CONTRACT
BETWEEN CITY OF SEAL BEACH
AND JOHN B. BAHORSKI
RECITALS
I
A. On January 22, 2001, the City of Seal Beach ("CITY" hereinafter), and John
Bahorski ("BAHORSKI" hereinafter) entered into that certain Employment
Contract ("CONTRACT" hereinafter).
B. On March II, 2002, the CITY and BAHORSKI entered into that certain
"Amendment No. I" to the CONTRACT.
C. On March 10, 2003, the CITY and BAHORSKI entered into that certain
"Amendment No.2:.' to the CONTRACT.
E.
On January 27, 2004, the' CITY and BAHORSKI entered into that certain
"Amendment No.3" to the CONTRACT.
".~.. ~ \
On June IS, 200!i;)'the CITY and BAHORSKI entered into that certain
, . - ... ~
"Amendmf!I2~~o.~~,:.,to t,h!l,.~eY'NTRACT.
\[2~/~p~~~~ '
Pursuant t~he;:;.GbNTRACT, the City Council evaluated BAHORSKI's
performance and performed its annual review to determine whether adjustments
would be appropriate.
I
D.
F.
G. CITY and BAHORSKI wish to amend the CONTRACT to adjust his salary to a
level equal to the salaries provided by other comparable cities to their respective
city managers, as follows:
FY 06-07 - Effective July I, 2006: 4% COLA + 4% Market Equity Adjustment
FY 07-08 - Effective July I, 2007: 4% COLA + 4% Market Equity Adjustment
FY 08-09 - Effective July I, 2008: CPI Adjustment, minimum of 3%, capped at 5%.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
herein contained, CITY and BAHORSKI agree as follows:
I. Subsection i. of Section 3A of the CONTRACT relating to base salary is hereby
amended to read as follows:
"i. Base Salarv. CITY shall pay BAHORSKI base salary for services
rendered in accordance with the following schedule:
o Initial rate: $122,500 ($10,208.34 monthly)
o Between Julv 1. 2002 and June 14.2005: $129,850 ($10,820.84 monthly)
. Between June 14.2005 and Julv 1. 2006: $150,541 ($12,545 monthly)
. Fiscal Year 2006-2007: $162,588 ($13,549 monthly)
. Fiscal Year 2007-2008: $175,596 ($14,633 monthly)
. Fiscal Year 2008-2009: $175,596 ($14,633 monthly), plus a CPI adjustment
equal to a minimum of 3% and a maximum of 5%.
I
,
Resolution Number 5482
For the purposes of this CONTRACT, "CP1" means the Consumer Price Index
[All Urban Consumers] for the California CMSA in which the City of Seal Beach is
located (base year 1982-84 = 100), published by the United States Department of Labor,
Bureau of Labor Statistics (BLS). If the base is changed, the CPl used shall be converted
according to the conversion factor provided by the BLS.
I
BAHORSKI's salary shall be subject to withholding and other applicable taxes,
and shall be payable to BAHORSKI at the same time as other employees are paid.
BAHORSKI shall be exempt from the overtime pay provisions of California and federal
law. The City Council may adjust BAHORSKI's base salary at any time. In addition,
the City Council shall annually review BAHORSKI's base salary and may adjust the base
salary as deemed appropriate."
2. Except as amended herein, the terms and provisions of the CONTRACT, as
previously amended, shall remain in full force and effect.
TO EFFECTUATE THIS AMENDMENT NO.5, the parties have caused their duly
authorized representatives to execute this agreement on the date set forth below.
'7 - ;;. to -O~
Date
Date
City of Seal Beach:
Jt>frvU~
Mayor
I
ArrEST:
~,"~ Jhw
Lin a Devine, City Clerk
APPROVED AS TO FORM:
()~ C(J1. ~
Quinn M. Barrow, City Attorney
..
I
Exhibit "B"
Adopted by Resolution Number 5482
I
EXECUTIVEIMID-MANAGEMENT
TERMS & CONDITIONS OF
EMPLOYMENT
I
FISCAL YEARS
2006 - 2009
EXPIRES ON JUNE 30, 2009
I
1
EXECUTIVE/MID-MANAGEMENT
TERMS & CONDITIONS OF EMPLOYMENT
I
TABLE OF CONTENTS
Page Number
SECTION I. MANAGEMENT RIGHTS .......................................................................... 4
SECfION 2. INSURANCE PROGRAMS ......................................................................... 4
A Health and Dental
B. Life Insurance
C. Income Continuation
SECTION 3. RETIREE HEALTH PLAN ..........................................n.m..mmmmn.n...... 5
SECTION 4. SICK LEAVE ...............................................................mnn.n........................ 6
I
SECTION 5. LEAVES OF ABSENCE....................mnn.................................................... 6
A. Authorized Leave of Absence Without Pay
B. Bereavement Leave
C. Military Leave of Absence
D. Pregnancy Disability Leave of Absence
E. Family Leave
F. Catastrophic Leave
SECTION 6. VACATION ....n.............................................................................................. 8
SECTION 7. HOLIDAYS ...........m.m.......................................................mm.nn............. 10
SECTION 8. RETIREMENT SYSTEM .....................................mmnnnnnm.nn............. 10
I
SECTION 9. PROVISIONAL APPOINTMENTS mmnn.m.................................nnnnn 10
SECTION 10. SENIORITY BONUS mmn..................................mmnnnnnnn.................. 11
SECTION 11. AUTOMOBILES AND MILEAGE..................................mnnn.n..n....... 11
SECTION 12. MOBILE PHONE ALLOWANCE ..nn...................mmmmmmmn......... 11
2
SECTION 13. ADMINISTRATIVE LEAVE .................................................................. 11
SECTION 14. LIMITATIONS..........................................................................................11
SECTION 15. DEFERRED COMPENSATION............................................................: 11
SECTION 16. BILINGUAL COMPENSATION ............................................................12
I
SECTION 17. WORK SCHEDULE ................................................................................. 12
SECTION 18. SALARIES.................................................................................................. 12
SECTION 19. EDUCATION REIMBURSEMENT ....................................................... 13
SECTION 20. TERM.......................................................................................................... 13
I
I
3
TERMS & CONDITIONS OF EMPLOYMENT
FOR
MANAGEMENT AND MID-MANAGEMENT EMPLOYEES
WITH
THE CITY OF SEAL BEACH
I
SECTION I. 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. INSURANCE PROGRAMS
A. Health and Dental
1. 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 each medicaVdental plan for each
eligible employee and their dependents, up to the following amounts:
Effective January I, 2006:
I
For single employees:
For employee and I dependent
For employee and 2 or more dependents
$560/month
$859/month
$1,087/month
Effective January 1, 2007, and every January 1st during the term of this agreement, the
City shall increase the contribution amounts above by the percentage of increase for basic
plans published in the CalPERS circular letter setting health insurance premiums for the
coverage year.
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 first two (2) pay periods for each month.
3. Effective January 1994, and included in the contributions listed above, a
maximum of sixteen dollars ($16) per employee per month is paid by the City of Seal
Beach to the Public Employees Retirement System (PERS) Health Program premium on
behalf of the employee. SB 1464 became effective January 1, 2003, and incrementally
increases the minimum employer contribution for agencies participating in the Public
Employees Medical and Hospital Care Act from sixteen dollars ($16) per month per
employee/retiree to a maximum of ninety-seven dollars ($97) per month by year 2008.
I
4. Employees that elect to waive enrollment in the medical and dental plans,
and show proof of medical coverage under a non-City medical insurance plan, are
eligible to receive two hundred fifty dollars ($250) per month. Election forms available
in Personnel Office.
5. Part-time, seasonal, provisional and/or hourly employees shall not be
eligible for participation in this program.
6. No person who is eligible to receive Worker's Compensation benefits is
eligible to receive benefits from the City's group medical insurance.
4
7. Full-time employees of the City who have completed thirty (30) days of
uninterrupted service shall be enrolled in this insurance program on the first (1st) 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 this benefit.
9. City shall not pay premiums for any employee on leave of absence without
pay, who is absent from regular duties without authorization during the month and/or for
any employee who has terminated from City employment for any reason. City shall pay
premiums for employees receiving temporary payments from Worker's Compensation
Insurance.
I
B. Life Insurance
All employees incumbent in position classifications listed in Section 18 shall receive a
fifty thousand ($50,000) life insurance policy paid by the City. Said insurance shall
become effective after the employee has completed thirty (30) days of uninterrupted
service with said employee to be enrolled in the program on the first (1st) day of the next
succeeding month.
C. Income Continuation
All employees incumbent in position classifications listed in Section 18 shall
receive an income continuation policy to provide for income continuation of sixty-six and
two-thirds Percent (66.67%) of the employee's monthly salary, up to a maximum of five
thousand dollars ($5,000) per month, whichever is lesser. Said insurance shall become
effective after the employee has completed thirty (30) days of uninterrupted service with
said employee to be enrolled in the program on the first (1st) day of the next succeeding
month. Said income continuation shall commence on the thirty-first (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 sixty-five (65).
I
SECTION 3. RETIREE HEALTH PLAN
A. All full-time employees incumbent in position classifications specified in Section
18 of this Resolution shall have the option upon retirement, through the Public
Employees Retirement System Health Program (PERS), to continue participation in the
City's health insurance program at the employee's expense.
B. All full-time incumbents in Executive Management position classifications with
twenty (20) or more years of combined employment with the City shall upon retirement
be provided with individual and eligible dependent health insurance coverage through the
PERS Health Program.. The City shall contribute to the cost of the selected coverage
consistent with the appropriate level as specified in Section 2.A.2 of this Resolution.
C. All full-time incumbents in Mid-Management classifications with twenty (20) or
more combined years of employment with the City shall, upon retirement, be provided
with individual health insurance coverage through the PERS Health Program. If said
employee has thirty (30) or more combined years of employment with the City upon
retirement, eligible dependent health insurance coverage shall also be provided through
the PERS Health Program. The City shall contribute to the cost of the selected coverage
consistent with the appropriate level as specified in Section 2-A.2 of this Resolution.
I
D. An employee with a service retirement and who is eligible to receive retiree
health insurance per Section 3, B & C of this exhibit, may also receive an increase to the
health insurance cap in effect at the time of hislher retirement (not to exceed one hundred
seventy-five dollars ($175) per month in additional contributions), until Medicare begins
at age sixty-five (65) with lower supplemental insurance rates. This additional
5
contribution to the cap will accommodate increases in health insurance plans over the
term of the employee's retirement.
E. Sworn police personnel identified in Section 18 shall be subject to the retiree
health plan contained in the Memorandum of Understanding (MOU) with the Seal Beach
Police Officer's Association.
I
F. In all cases, the City's contribution for eligible dependent coverage for retirees
shall terminate with the death ofthe retiree.
G. 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 monthly contribution the City would otherwise
have contributed to that retired employee toward health and dental insurance premiums.
SECTION 4. SICK LEAVE
A. Effective July 1, 1997, all full-time employees covered by this resolution shall
accrue sick leave at the rate of one (1) day per month (8 hours). Effective July 1, 1999,
maximum accrual of sick leave hours shall be five hundred twenty (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 leave hours will be paid to the
employee at the employee's base rate of pay. Existing sick leave balances, which have
remained intact and have not been converted to leave time, will be paid to the employee
upon termination at one-quarter (25%) of the employee's base rate of pay.
I
D. Employees who are on authorized leaves of absence, without pay, shall not accrue
sick leave hours during said leaves of absence.
SECTION S. LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pav
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 one hundred eighty (180) working days per Government Code.
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 (I) year.
3. At the expiration of the approved leave, after notice to retum 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.
I
4. During any authorized leave of absence without pay, an employee shall
not be eligible to accumulate or receive fringe benefits, except as specifically provided
for in this MOU, except that the City shall contribute to an employee's medical and dental
health plan, disability insurance plan, life insurance plan for the first (1st) thirty (30) days
ofIeave of absence.
B. Bereavement Leave
The City agrees to provide forty (40) hours bereavement leave with pay for death in the
immediate family. The bereavement leave shall not be chargeable to or accumulate as
sick time. "Immediate family" is defined as spouse, the father, mother, son, daughter,
6
brother, sister, grandparents, grandchild, step-mother, step-father, mother-in-law, father-
in-law, domestic partner, or dependent relatives living with the employee.
C. Military Leave of Absence
I. Military leave shall be granted in accordance with the provisions of 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 ten (10) working days in advance of the beginning of the leave.
I
2. In addition to provision of State law, the City shall continue to provide
eligible employees on military leave, the current health benefits (medical, dental,
disability and life insurance and retirement, (if applicable) for the first (1st) three (3)
months of military leave. During said period, the employee shall be required to pay to the
City the same co-payments as required of other employees. After the first (1st) three (3)
months of military leave, the employee may continue said benefits at his cost.
D. Pregnancv Disabilitv Leave of Absence
I. 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 ofIeave.
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. Familv 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 Article XIV.
I
I. 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 ofthe 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 maximum of four hundred (400) working hours of family leave in any
combination of sick leave and unpaid leave may be taken during any two (2) year period
unless a greater amount is prescribed by state or federal law .
I
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
7
of their immediate family. Sick Leave is excluded from this program.
The following conditions shall apply to Catastrophic Leave:
I. 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.
I
3. Employees must be in regular full-time appointed positions to be eligible
for catastrophic leave.
4. Employees receiving Long-Term Disability payments are excluded from
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 forty (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 recipient ofthe 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.
I
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 ofthe 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. V ACA TION
A. All Mid-Management employees who shall have at least one (1) year's continuous
service as a full-time employee immediately proceeding shall be given a vacation of
approximately eighty (80) hours with pay each year.
B. Executive Management employees who shall have at least one (1) year's
continuous service as a full time employee immediately preceding shall be given a
vacation of approximately one hundred twenty (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.
I
C. All Mid-Management employees, who shall have at least five (5) 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 five (5) years.
8
The vacation accrual schedule for Mid-Management employees is as follows:
Years Vacation Hourly Accrual Annual Maximum
Service HOUTS Rate Per Pay Vacation Vacation
Earned Period Bi-Weekly Hours Accrual
I 80 3.0769 80 160
2 80 3.0769 80 160
3 80 3.0769 80 160 I
4 80 3.0769 80 160
5 80 3.0769 80 160
6 88 3.3846 88 200
7 96 3.6923 96 200
8 104 4.0000 104 200
9 112 4.3076 112 200
10 120 4.6153 120 200
11 128 4.9230 128 240
12 136 5.2307 136 240
13 144 5.5384 144 240
14 152 5.8461 152 240
15 160 6.1538 160 240
C. Employees of the City considered as hourly, part-time and/or seasonal employees
shall not be eligible for paid vacations.
D, Employees who have authorized leaves of absence without pay shall not
accumulate vacation credits or pay during said leave of absence.
E. All full-time employees shall only be allowed to accrue a maximum of three
hundred twenty (320) hours of vacation. This maximum can only be exceeded with
approval ofthe City Manager.
I
F. 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.
G. 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.
H. Not more than once in each fiscal year, an employee who has completed at least
one (I) year of continuous service shall, upon request, receive compensation for up to
fifty (50) hours of accrued vacation time provided that the employee has taken an equal
amount of vacation time off within that fiscal year.
I
9
SECTION 7. HOLIDAYS
A. All employees incumbent in position classifications listed in Section 18 shall be
granted the following holidays with pay:
I
New Year's Day (January I)
Martin Luther King Day (3rd Monday in January)
Washington's Birthday (3rd Monday in February)
Memorial Day (Last Monday in May)
Independence Day (July 4)
Labor Day (1st Monday in September)
Veteran's Day (November 11)
Thanksgiving Day (4th Thursday in November)
The Calendar Day following Thanksgiving Day
Christmas Eve (December 24)
Christmas Day (December 25)
Floating Holiday
A total of twelve (12) holidavs annually.
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 20024.2
Section 20862.9
Section 20930.0
One (I) Year Final Compensation
Credit of Unused Sick Leave
Military Service Credit
I
B. The City shall pay that portion of the affected employee's retirement contribution
that is equal to seven percent (7%) of the affected employee's base salary.
C. All employees incumbent in Police and Lifeguard position classifications listed in
Section 18 shall participate in the three percent at fifty (3% at 50) formula plan for Local
Safety Members.
D. Effective November I, 1995, the City shall include PERS Section 21251.32 - two
percent at fifty-five (2% @ 55) for miscellaneous members.
SECTION 9. PROVISIONAL APPOINTMENTS
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 one hundred and twenty (120) 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.
I
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 eighty (80) consecutive working hours thereafter the employee shall
receive additional compensation of five percent (5%) so long as the assignment is
authorized by the City Manager.
10
SECTION 10. SENIORITY BONUS
Employees who have achieved ten (10) years of uninterrupted employment with the City
shall receive a five percent (5%) increase in base salary effective on the tenth (10th)
anniversary of their employment. Sworn police personnel are exempt from this section.
SECTION 11. AUTOMOBILES AND MILEAGE
A. Officers and employees of the City, utilizing their privately-owned automobiles
for City business on a non-regular basis, shall be entitled to reimbursement for costs
incurred at the rate established by Internal Revenue Service (IRS).
I
B. Incumbents in the following positions will receive a monthly automobile
allowance of one hundred fifty dollars ($150) in lieu of the above-stated mileage
reimbursement: Assistant City Manager, Director of Public Works/City Engineer,
Director of Administrative Services, City Clerk, and Director of Development Services.
The Maintenance Services Manager, Lifeguard Captain, and Chief of Police positions
will receive a monthly automobile allowance of one hundred fifty ($150) dollars or the
use of a City vehicle, as approved by the City Manager.
SECTION 12. MOBILE PHONE ALLOWANCE
Incumbents in the following positions will receive a monthly mobile phone allowance of
seventy-five dollars ($75) per month: Assistant City Manager, Director of Public
Works/City Engineer, Director of Administrative Services, City Clerk, Director of
Development Services, and Chief of Police.
SECTION 13. ADMINISTRATIVE LEAVE
I
A. All incumbents in Executive Management and Mid-Management position
classifications, unless otherwise specified, shall be entitled to three (3) days of
administrative leave each fiscal year.
B. 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 resolution.
B. City shall not make any monthly payments for premiums for any insurance
benefit listed in this resolution, 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 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.
SECTION 15. DEFERRED COMPENSATION
I
A. The City shall contribute the equivalent to three and one-half percent (3.5%) of
base salary per payroll period into a deferred compensation program for each incumbent
in the Executive Management and Mid-Management position classifications.
11
SECTION 16. BILINGUAL COMPENSATION
A. Upon the recommendation of a Department Director, the City Manager may
award a bilingual compensation bonus of fifty-two and one-half dollars ($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.
I
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
Effective the first Dayroll Deriod in Julv. 2006:
Executive Manal!ement
Four percent (4%) COLA and a four percent (4%) Market Equity.
I
Position
City Manager
Assistant City Manager
Chief of Police
Director of Administrative Services
Director of Public Works
Director of Development Services
800-0 I
700-01
600-01
600-01
610-01
Range
Elected Official
Four percent (4%) COLA and a four percent (4%) Market Equity.
Position
City Clerk
Range
200-01
Mid-Manal!ement
Market Bouitv
4%
4%
4%
4%
4%
4%
Market Eauitv
4%
Four percent (4%) COLA and zero percent - seven percent (0% - 7%) Market Equity,
depending on classification.
I
Position
Assistant City Engineer
Maintenance Services Manager
Administrative Services Manager
Marine Lifeguard Captain
Senior Planner
Associate Engineer
Range
500-01
510-01
520-01
530-01
530-03
540-01
Market Eauitv
6%
7%
0%
2%
7%
0%
The ranges for the following new position are set at Market Equity. No COLA or Market
Equity for FY 06-07.
Position
Accountant
Budget Analyst
Support Services Manager
Range
550-01
550-02
530-04
12
Market Eauitv
0%
0%
0%
The following positions were reclassified by the City Council on April 24, 2006. The
ranges for these positions are amended to reflect the new classification.
Position
*Marine Lifeguard Lieutenant (ReclasSified from Yca,ly Lifeguard)
Personnel Manager (Reclmificd from Mgmt Analyst - HR)
Range
550-03
530-02
Market Eauitv
26%
20%
* Only One (1) Marine Yearly Lifeguard position, the position responsible for the Junior
Lifeguard Program, Scheduling, and Public Information duties was reclassified.
I
Effective the first (Ist) Dayroll Deriod in Julv. 2007, a four percent (4%) COLA and four
percent (4%) Market Equity Adjustment for Executive Management and Elected Official,
and a four percent (4%) COLA adjustment for Mid-Management.
Effective the first (Ist) Dayroll Deriod in Julv. 2008, a CPI adjustment capped at five
percent (5%) for Executive Management, Elected Official, and Mid-Management.
SECTION 19. EDUCATION REIMBURSEMENT
The City to provide for a maximum annual reimbursement of fifteen hundred dollars
($1,500) for any class taken that isjob related or increases the skill sets of the employee's
ability to perform City business.
SECTION 20. TERM
The term of this Resolution shall commence on July I, 2006, and shall continue through
June 30,2009.
I
I
13
Exhibit "C"
Adopted by Resolution Number 5482
I
SEAL BEACH SUPERVISORS &
PROFESSIONALS ASSOCIATION
MEMORANDUM OF UNDERSTANDING
I
FISCAL YEARS
2006 - 2009
I
EXPIRES ON JUNE 30, 2009
1
SEAL BEACH SUPERVISORS & PROFESSIONALS
ASSOCIATION
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
Page Number
I
SECTION 1. RECOGNITION ............................................................................................ 4
SECTION 2. MANAGEMENT RIGHTS .......................................................................... 4
SECfION 3. INSURANCE PROGRAM ........................................................................... 6
A. Health and Dental
B. Life Insurance
C. Income Continuation
SECfION 4. RETIREE HEALTH PLAN .........................................................................7
SECfION 5. SICK LEAVE ................................................................................................. 7
I
SECfION 6. BEREAVEMENT LEAVE ........................................................................... 8
SECTION 7. VACATION .................................................................................................... 8
SECTION 8. HOLIDAYS .................................................................................................... 9
SECTION 9. RETIREMENT SYSTEM .......................................................................... 10
SECTION 10. OVERTIME AND CALL OUT PAy...............................,...................... 10
SECTION 11. COMPENSATORY TIME....................................................................... 10
SECTION 12. PROVISIONAL APPOINTMENTS ....................................................... 10
I
SECTION 13. SENIORITY BONUS ................................................................................ II
SECTION 14. AUTOMOBILES AND MILEAGE......................................................... II
SECTION 15. ADMINISTRTIVE LEAVE ..................................................................... II
2
SECTION 16. LIMITATIONS.......................................................................................... 11
SECTION 17. DEFERRED COMPENSATION ............................................................. 11
SECTION 18. BILINGUAL COMPENSATION ............................................................ 12
I SECTION 19. WORK SCHEDULE ................................................................................. 12
SECTION 20. TUITION REIMBURSEMENT .............................................................. 12
SECTION 21. SALARIES.................................................................................................. 12
SECTION 22. LEA YES OF ABSENCE........................................................................... 12
SECTION 23. MISCELLANEOUS .................................................................................. 15
SECTION 24. TERM ........................................................................................................... 15
SECTION 25. APPEALS .................................................................................................... 15
I
SECTION 26. REOPENER ............................................................................................... 15
SECTION 27. RATIFICATION ....................................................................................... 15
ATTACHMENT "B" .......................................................................................................16
I
3
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SEAL BEACH
AND
SEAL BEACH SUPERVISORS & PROFESSIONALS ASSOCIATION
SECTION 1. RECOGNITION
I
A. Pursuant to the provisions of Employee-Employer Relations Ordinance Number
769, as amended, the City of Seal Beach (hereinafter caned the "City" and/or "Employer"
interchangeably) has recognized for the purpose of this Memorandum of Understanding
(MOD), the Seal Beach Chapter of the Confidential, Supervisory, Professional, and
Technical Employees, 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 I above for the purpose of meeting its
obligations under this Memorandum of Understanding (MOU), the Meyer-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 exceed four
(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 three (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.
I
D. City recognizes Association's right to appoint or elect representatives to meet and
confer with City's management representatives on salaries, wages, and terms and
conditions of employment. Association agrees to notify City in writing as to the identity
of the representatives and of subsequent appointments, if any. Association and City agree
that employees appointed or elected as Association representatives shall be required to
work full time.
E. It is recognized and agreed that no Association business and/or meetings will be
conducted and/or attended by employees of City during their respective hours of duty and
work unless specified herein.
F. Representatives and/or officers of Association shan 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 Memorandum of Understanding (MOD) shall be effective by and between
Management and Association upon execution by Management and the required number
of the duly authorized recognized representatives of Association.
SECTION 2. MANAGEMENT RIGHTS
I
The City reserves, retains and is vested, solely and exclusively, with an 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.
A. To manage the City generally and to determine the issues of policy.
4
B. To determine the existence or nonexistence of facts which are the basis of the
Management decision(s).
C. To determine the necessity and organization of any service or activity conducted by
the City and expand or diminish services.
D. To determine the nature, manner, means and technology and extent of services to be
provided to the public.
I
E.
To determine methods of financing.
F. To determine types of equipment or technology to be used.
G. 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.
H. 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.
I. To assign work to and schedule employees in accordance with requirements set forth
in previous agreements, and to establish and change work schedules and assignments upon
reasonable notice insofar as such changes do not conflict with previous MOU.
1. To layoff employees from duties because of lack of work or funds, or under
conditions where continued work would be ineffective or non-productive.
K. To establish and modify productivity and performance programs and standards.
I
L. ,To discharge, suspend, demote, reprimand, withhold salary increases and benefits, or
otherwise discipline employees for cause.
M. To determine minimum qualifications, skills abilities, knowledge, selection
procedures and standards, job classifications and to reclassify employees in accordance with
this MOU and applicable resolution and codes ofthe City.
N. To hire, transfer, promote and demote employees for non-disciplinary reasons in
accordance with the MOU and applicable Resolution and Codes of the City.
O. To determine policies, procedures and standards for selection, training and
promotion of employees in accordance with this MOU and applicable Resolution and Codes
of the City.
P. To establish reasonable employee performance standards including but not limited
to, quality and quantity standards and to require compliance therewith.
Q. To maintain order and efficiency in its facilities and operation.
R. To establish and promulgate and/or modify rules and regulations to maintain order
and safety and which are not in contravention with the Agreement.
I
S. To restrict the activity of an employee organization on municipal property and on
municipal time except as set forth in this MOU.
T. To take any and all necessary action to carry out the mission of the Agency in
emergencies.
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
5
contemplated exercise of such rights prior to exercising such rights, unless the matter of the
exercise of such rights is provided for in this MOD.
SECTION 3. INSURANCE PROGRAMS
A. Health and Dental
I. The City shall provide for full-time employees and eligible retired
employees a group hospital, medical and dental insurance plan.
I
2. The City shall contribute to the cost of each medical and dental plan
combined for each eligible employee and their dependents, up to the following amounts
effective January 1,2006:
For single employees
For employee and 1 dependent
For employee and 2 or more dependents
$427/month
$690/month
$902/month
Effective January I, 2007, and every January 1st during the term of this agreement, the
City shall increase the contribution amounts above by the percentage of increase for basic
plans available in Orange County as published in the CalPERS circular letter setting
health insurance premiums for the coverage year.
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 first (1st) two (2) pay periods for each month.
3. Employees electing to waive enrollment in the City offered medical and
dental plans are eligible to receive three hundred ten dollars ($310) per month after
providing proof of medical insurance through an alternative medical plan not offered by
the City.
I
4. Part-time, seasonal, provisional and/or hourly employees shall not be
eligible for participation in this program.
5. No person who is eligible to receive Worker's Compensation benefits is
eligible to receive duplicate benefits from the City's group medical insurance.
6. Full-time employees of the City who have completed thirty (30) days of
uninterrupted service shall be enrolled in this insurance program on the first (1st) day of
the next succeeding month.
7. Employees who change classification from full-time to part-time
provisional, hourly or seasonal shall not be eligible for this benefit.
8. City shall not pay premiums for any employee on leave of absence without
pay, who is absent from regular duties without authorization during the month and/or for
any employee who has terminated from City employment for any reason. City shall pay
premiums for employees receiving temporary payments from Worker's Compensation
Insurance.
9. The City and City employee Associations agrees to an MOD reopener
during the term of this agreement to discussion and implement alternate health insurance
vehicles such as HSA, HRA, and VEBA.
I
B. Life Insurance
All employees incumbent in the unit shall receive a fifty thousand dollars ($50,000) life
insurance policy paid by the City. Said insurance shall become effective after the
employee has completed thirty (30) days of uninterrupted service with said employee to
be enrolled in the program on the first (1 st) day ofthe next succeeding month.
6
C. Income Continuation
I
All employees incumbent in the unit shall receive an income continuation policy to
provide for income continuation of sixty-six and two-thirds percent (66.67%) of the
employee's monthly salary, up to a maximum of five thousand dollars ($5,000) per
month, whichever is lesser. Said insurance shall become effective after the employee has
completed thirty (30) days of uninterrupted service with said employee to be enrolled in
the program on the first (1st) day of the next succeeding month. Said income
continuation shall commence on the thirty-first (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 sixty-five
(65).
SECTION 4. RETIREE HEALTH PLAN
A. All full-time employees incumbent in position classifications specified in Section
18.A of this Resolution shall have the option upon retirement, through the Public
Employees Retirement System Health Program (PERS), to continue participation in the
City's health insurance program at the employee's expense.
I
B. All full-time incumbents with twenty (20) or more combined years of
employment with the City shall, upon retirement, be provided with individual health
insurance coverage through the PERS Health Program and shall be entitled to receive one
hundred percent (100%) of the CalPERS mandated employer's contribution. If said
employee has thirty (30) or more combined years of employment with the City upon
retirement, eligible dependent health insurance coverage shall also be provided through
the PERS Health Program. The City shall contribute to the cost of the selected coverage
consistent with the appropriate level as specified in Section 2-A.2 of this Resolution. An
employee with a service retirement as of July 1, 1999, and with thirty (30) or more
combined years of employment with the City upon retirement may also receive an
increase to the health insurance cap in effect at the time of his/her retirement (not to
exceed one hundred and seventy-five dollars ($175) per month in additional
contributions), until Medicare begins at age sixty-five (65) with lower supplemental
insurance rates. This additional contribution to the cap is to accommodate increases in
health insurance plans over the term of the employee's retirement.
C. In all cases, the City's contribution for eligible dependent coverage for retirees
shall terminate with the death of the retiree.
D. In the event an eligible retired employee resides in an area were 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 monthly contribution the City would otherwise
have contributed to that retired employee toward health and dental insurance premiums.
E. Included in the contributions listed above, is the minimum employer contribution
for health insurances required by the Public Employees Medical and Hospital Care Act.
This amount increases from sixteen dollars $16 per month to ninety-seven dollars ($97)
per month in annual increments.
I
SECTION 5. SICK LEAVE
A. All full-time employees covered by this resolution shall accrue sick leave at the
rate of one (1) day (8 hours) per month of service. Sick leave may be accumulated up to
and including five hundred twenty (520) hours. Except as otherwise provided in this
resolution, no employee shall receive further accruals once the five hundred twenty (520)
hour maximum is reached.
B. Employees who elected to retain sick leave balances prior to conversion to leave
time provision in July 1, 1987:
7
1. May utilize those balances for sick leave purposes.
2. Upon termination, shall be paid for the existing sick leave balance at one-
quarter (25%) ofthe employee's then applicable base rate of pay.
C. Except as otherwise provided, employees shall not be eligible for any payment for
sick leave balances upon termination.
D. Employees who are on authorized leaves of absence, without pay, shall not accrue
sick leave hours during said leaves of absence.
I
SECTION 6. BEREAVEMENT LEAVE
The City agrees to provide forty hours (40) 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, father, mother, son,
daughter, brother, sister, grandparent, grandchild, step-mother, step-father, step-children,
mother-in-law, father-in-law, domestic partner or dependent relative living with the
employee.
SECTION 7. VACATION
A. All full-time employees covered by this resolution, who shall have at least one (1)
year's continuous service as a full-time employee immediately preceding, shall be granted
a vacation with pay of approximately eighty (80) hours per year up to a maximum of
approximately one hundred sixty (160) hours per year.
B. All full-time employees, who shall have at least five (5) years of continuous
service, shall be entitled to eight (8) additional hours of vacation per year of full-time
continuous service for each year of service in excess of five (5) years up to a maximum
of approximately one hundred sixty (160) hours per year.
I
The vacation accrual schedule is effective the first (1st) payroll period of
December, 1997, as follows:
Years Vacation
Of Hours
Service Earned
1 80
2 80
3 80
4 80
5 80
6 88
7 96
8 104
9 112
10 120
11 128
12 136
13 144
14 152
15 160
Hourly Accrual
Rate Per Pay Period
Maximum
Vacation
Earned
3.0769
3.0769
3.0769
3.0769
3.0769
3.3846
3.6923
4.0000
4.3076
4.6153
4.9230
5.2307
5.5384
5.8461
6.1538
80
80
80
80
80
88
96
104
112
120
128
136
144
152
160
I
C, Employees of the City considered as hourly, part-time and/or seasonal employees
shall not be eligible for paid vacations.
8
D. Employees who have authorized leaves of absence without pay shall not
accumulate vacation credits or pay during said leave of absence.
E. All full-time employees shall only be allowed to accrue a maximum of two
hundred forty (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 ofthe City Manager in writing.
I
F. Employees are encouraged to use at least the amount of vacation hours earned
each fiscal year. Those employees who have been credited with pre-existing 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 the 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.
G. 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
H. Not more than once in each fiscal year, an employee who has completed at least
one (I) year of continuous service shall, upon request, receive compensation for up to
fifty (50) hours of accrued vacation time or banked leave hours provided that the
employee has taken an equal amount of vacation time off within that fiscal year.
I. Employees covered by this resolution shall cease accruing general leave time
effective the first (Ist) payroll period in December, 1997. Previously earned time shall be
used! compensated for as follows: Upon separation of employment with the City, all
leave hours will be paid to the employee at the employee's current base rate of pay.
J. General Leave Time (G-Time) must be exhausted by June 30, 2010.
K. General Leave Time (G- Time) may be utilized as vacation or sick leave up to one
hundred sixty (160) hours per fiscal year, or may be assigned as deferred compensation
or cash up to one hundred sixty (160) hours per fiscal year.
SECTION 8. HOLIDAYS
All employees incumbent in position classifications listed in Section 18 shall be granted
the following holidays with pay:
I
New Year's Day (January I)
Martin Luther King Day (3rd Monday in January)
Washington's Birthday (3rd Monday in February)
Memorial Day (Last Monday in May)
Independence Day (July 4)
Labor Day (1st Monday in September)
Veteran's Day (November II)
Thanksgiving Day (4th Thursday in November)
The Calendar Day following Thanksgiving Day
Christmas Eve (December 24)
Christmas Day (December 25)
One (I) Floating Holiday
9
A total of twelve (2) holidavs annuallv.
Note: Floating holidays must be taken during the fiscal year in which they are granted.
Floating holidays may not be carried beyond the item of the compensation resolution or
into a new fiscal year, Floating holidays must be approved by the applicable department
head or designate.
SECTION 9. RETIREMENT SYSTEM
I
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 20024.2
Section 20862.9
Section 20930.0
One (I) Year Final Compensation
Credit of Unused Sick Leave
Military Service Credit
B. The City shall pay that portion of the affected employee's retirement contribution
that is equal to seven percent (7%) of the affected employees' base salary.
C. All employees incumbent in the Marine Yearly Lifeguard classification listed in
Section 18 shall participate in the three percent at fifty (3% @ 50) formula plan for Local
Safety Members.
D. The City shall provide PERS Section 21251.32 - two percent at fifty-five (2% @
55) for miscellaneous members.
E. The City shall amend its contract to provide two (2) years additional service credit
(Golden Handshake) to any member of the bargaining unit who may be eligible to retire.
SECTION 10. OVERTIME AND CALL OUT PAY
I
A. Incumbents in the unit are eligible for overtime or call-out pay.
B. Call out and overtime pay shall be paid at the rate of time and one-half (1/2) the
hourly rate. Minimum "call out" time (when returning to work) shall be two (2) hours.
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 and departmental rules and regulations.
SECTION 11. COMPENSATORY TIME
Unit members with two hundred forty (240) hours or more hours of Compensatory Time
Off (CTO) shall either cash out or deferred comp those hours by the first (1st) pay period in
December 2006. The maximum cap of CTO is one hundred twenty (120) hours.
Compensatory Time eamed in excess of one hundred twenty (120) hours will be paid as
overtime during the pay period accrued.
I
SECTION 12. 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 employee, when
so appointed, must perform the duties and assume the responsibilities of the higher
10
classification for one hundred twenty (120) 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 five percent (5%) higher than the salary received before the provisional appointment
(not to exceed the top step).
I
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 perfonn the
higher level of duties for eighty (80) consecutive working hours; thereafter the employee
shall receive additional compensation of five percent (5%) so long as the assignment is
authorized by the City Manager.
SECTION 13. SENIORITY BONUS
Employees who have achieved ten (10) years of uninterrupted employment with the City
shall receive a five percent (5%) increase in base salary effective on the tenth (10th)
anniversary of their employment. Sworn police personnel are exempt from this section.
SECTION 14. AUTOMOBILES AND MILEAGE
Officers and employees of the City, utilizing their privately-owned automobiles for City
business on a non-regular basis, shall be entitled to reimbursement for costs incurred at
the rate established by Internal Revenue Service (IRS).
SECTION 15. ADMINISTRATIVE LEAVE
I
A. All incumbents in confidential, supervisors, professionals, and technical position
classifications shall be entitled to two (2) days of administrative leave during each fiscal
year.
B. Administrative leave days 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 resolution.
B. City shall not make any monthly payments for premiums for any insurance
benefit listed in this resolution, or unifonn 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 said month or for any employee who has tenninated for any reasons
whatsoever or who is on leave of absence without pay of who is suspended from duties
without pay.
I
SECTION 17. DEFERRED COMPENSATION
The City shall contribute the amount of forty dollars ($40) per payroll period into a
deferred compensation program for each incumbent in the confidential, supervisors,
professional, and technical position classifications.
11
SECTION 18. BILINGUAL COMPENSATION
A. Upon the recommendation of a Department Director, the City Manager may
award a bilingual compensation bonus of fifty two and one-half dollars ($52.50) per
payroll period to those employees in positions detennined 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
I
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.
SECTION 20. TUITION REIMBURSEMENT
Tuition Reimbursement Program shall provide for maximum annual reimbursement of
fifteen hundred dollars ($1,500).
SECTION 21. SALARIES
(See Attachment B)
Effective the first payroll period in Julv 2006:
Three percent (3%) COLA + one and half percent (1.5%) Market Equity
Adjustment
Effective the first payroll period in Julv 2007: I
Three percent (3%) COLA
Effective the first payroll period in January 2008:
Two percent (2%) Market Equity Adjustment
Effective the first payroll period in Julv 2008:
CPI adjustment, minimum of three percent (3%), capped at five percent (5%)
cpr shall be measured utilizing the change in the Los Angeles - Riverside - Orange
County All Urban Consumers index for the twelve (12) months ending April 2008.
Confidential
Position
Secretary to the City Manager
Secretary to the Police Chief
Administrative Assistant
Executive Secretary
Account Technician
Suoervisorv
Position
Public Works Supervisor
Chief Water Operator
Equipment Supervisor
Recreation Program Facilitator
Technical
Position
Marine Yearly Lifeguard
SECTION 22. LEAVES OF ABSENCE
A Authorized Leave of Absence Without Pav
12
Range
430-01
440-0 I
450-01
450-02
460-0 I
Range
400-0 I
400-02
410-01
410-02
I
Range
420-01
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 one-hundred eighty (180) working days per Govemment Code.
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 (I) year.
I
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 as specifically provided
for in this MOU, except that the City shall contribute to an employee's medical and dental
health plan, disability insurance plan, life insurance plan for the first thirty (30) days of
leave of absence.
B. Bereavement Leave
The City agrees to provide forty (40) hours bereavement leave with pay for death in the
immediate family. The bereavement leave shall not be chargeable to or accumulate as
sick time. "Immediate family" is defined as spouse, the father, mother, son, daughter,
brother, sister, grandparents, grandchild, step-mother, step-father, mother-in-law, father-
in-law, domestic partner, or dependent relatives living with the employee.
C. Military Leave of Absence
I
1. Military leave shall be granted in accordance with the provisions of 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 ten (10) working days in advance ofthe
beginning of the leave.
2. In addition to provision of State law, the City shall continue to provide
eligible employees on military leave, the current health benefits (medical, dental,
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
same co-payments as required of other employees. After the first three (3) months of
military leave, the employee may continue said benefits at his cost.
D. Pregnancv Disabilitv 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 ofleave.
I
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. Familv 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 Article XIV.
I. Proof of the birth or adoption of a newborn infant or the seriouse
13
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 preceding 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 ofthe situation giving rise to the leave.
I
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 maximum of four hundred (400) working hours of family leave in any
combination of sick leave and unpaid leave may be taken during any two (2) year period
unless a greater amount is prescribed by state or federal law .
F. CatastroDhic 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.
I
2. The leave pool shall be administered by the Finance Department.
3. Employees must be in regular full-time appointed positions to be eligible
for catastrophic leave.
4. Employees receiving Long-Term Disability payments are excluded from
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 forty (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 recipient ofthe 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.
I
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.
14
I
I
I
SECTION 23. MISCELLANEOUS
Lavoff: The City to give Association forty-five (45) days prior notice before the effective
date of any layoffs. During this forty-five (45) day period, the City will, upon request,
meet and confer on the impact of the layoffs.
SECTION 24. TERM
The term of this Resolution shall commence on July 1,2006, and shall continue through
June 30, 2009, a three (3) year term.
SECTION 25. APPEALS
A. Personnel Rule 12.12 notwithstanding unit employees shall be allowed to appeal
written reprimands to the Personnel Officer. Such appeals shall be filed within fourteen
(14) calendar days. The decision ofthe Personnel Office shall be final.
B. The Association and City agree that 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
Upon the request of the City, the Association agrees to reopen negotiations on the
subject(s) of cafeteria plans and/or retirement health savings accounts (HRA - VEBA -
etc.)
SECTION 27 - RATIFICATION
This Memorandum of Understanding (MOU) is subject to approval and adoption by the
City Council and ratification of the required number of the duly authorized
representatives of the Association. Following such approval and adoption, the MOU
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 24th dav of Julv. 2006.
BEAr-~RESENTATIVE'
JOHN . BAHORSKI, CITY MANAGER
SEAL BEACH SUPERVISORS AND PROFESSIONALS ASSOCIATION
REPRESENTATNES:
15
Attachment "B"
FY 06-07
Confidential, Supervisory. Professional. & Technical
Account Technician 460-01 2,955 3,103 3,258 3,421 3,592 3,772
Administrative Assistant 450-01 3,074 3.228 3,390 3.559 3.737 3,924 I
Chief Water Operator 400-02 4,473 4,696 4.931 5.178 5,436 5.708
Equipment Supervisor 410-01 4,236 4,448 4,671 4.904 5,149 5,407
Executive Secretary 450-02 3,074 3.228 3.390 3,559 3.737 3,924
Marine Yearly Lifeguard 420-01 3,427 3.598 3.778 3,967 4,165 4.373
Recreation Program Facilitator 410-02 4,236 4.448 4.671 4,904 5.149 5,407
Public Works Supervisor 400-01 4,473 4,696 4.931 5.178 5,436 5,708
Secretary to the City Manager 430-01 3,564 3.743 3.930 4,126 4.333 4.549
Secretary to the Chief of Police 440-01 3.229 3,391 3,560 3,738 3,925 4.121
FY 07-08
Confidential, Supervisory, Professional. & Technical
Account Technician 460-01 3.044 3,196 3,356 3,523 3.700 3,685
Administrative Assistant 450-01 3.166 3,325 3,491 3,665 3.649 4,041
Chief Water Operator 400-02 4.540 4,767 5,006 5,256 5.519 5,795
Equipment Supervisor 410-01 4.363 4,561 4,810 5,051 5,303 5,569 I
Executive Secretary 450-02 3.166 3.325 3,491 3,665 3,849 4,041
Manne Yearly Lifeguard 420-01 3.530 3.706 3,892 4.086 4,291 4,505
Recreation Program Facilitator 410-02 4.363 4,561 4.810 5.051 5,303 5,569
Public Works Supervisor 400-01 4.607 4.638 5.079 5.333 5,600 5,860
Secretary to the City Manager 430-01 3.671 3.654 4,047 4,250 4,462 4,685
Secretary to the Chief of Police 440-01 3.326 3,492 3.667 3.850 4,043 4,245
FY 08-09 (January 2008)
Confidential, Supervisory, Professional, & Technical
Account Technician 460-01 3,105 3.260 3,423 3.594 3,774 3,963
Administrative Assistant 450-01 3.229 3,391 3,560 3.736 3,925 4,122
Chief Water Operator 400-02 4,631 4,662 5,105 5,361 5,629 5,910
Equ Ipment Supervisor 410-01 4,450 4.673 4,906 5,152 5,409 5,660
Executive Secretary 450-02 3,229 3,391 3.560 3,738 3,925 4,122
Marine Yea,ly Lifegua'd 420-01 3,601 3,761 3,970 4,166 4,377 4,595 I
Recreation Program Facilitator 410-02 4,450 4.673 4.906 5,152 5.409 5,680
Public Works Supervisor 400-01 4,699 4.934 5.161 5,440 5.712 5,997
Secretary to the City Manager 430-01 3,744 3.932 4.126 4.335 4.551 4.779
Secretary to the Ch ief of Police 440-01 3.393 3,562 3,740 3.927 4.124 4,330
FY 08-09 (July 2008)
Depending on CPI, Minimum of three percent (3%), Maximum offive percent (5%)
16
Exhibit "D"
Adopted by Resolution Number 5482
I
ORANGE COUNTY EMPLOYEES
ASSOCIATION (OCEA)
MEMORANDUM OF UNDERSTANDING
I
FISCAL YEARS
2006 - 2009
I
EXPIRES ON JUNE 30, 2009
,.,
ORANGE COUNTY EMPLOYEES ASSOCIATES (OCEA)
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
Page Number
I
SECTION I. RECOGNITION ............................................................................................5
SECTION 2. DUES AND BENEFIT DEDUCTIONS...................................................... 6
A, Payroll Deductions
B. Employee Association Dues
C. Indemnification
SECTION 3. CITY RIGHTS............................................................................................... 6
SECTION 4. NON-DISCRIMINATION ........................................................................... 7
SECTION 5. COMPENSATION PLAN ............................................................................ 8
A. Basic Compensation Plan I
B. Advancement within Salary Ranges
C. Salary Increase
D. Salary Decreases
E. Adjustment of Salary Ranges
F. Salary and Benefits on Suspension
G. Salary Adjustments During Term ofMOU
H. Miscellaneous
SECTION 6. SPECIAL PAY PROVISIONS .................................................................. 10
A. Automobiles and Mileage
B. Maintenance Worker Merit Program
C. Seniority Bonus
D. Standby Compensation
E. Shi ft Differential I
F. Traffic Signal Technician Pay
G. Class NB License Pay
H. Training Program
1. Uniforms & Equipment/Uniform Allowance
J. Water Treatment/Water Distribution Pay
K. Deferred Compensation Program
2
SECTION 7. FRINGE BENEFIT ADMINiSTRATION............................................... 12
I
A.
B.
C.
D.
E.
Administration
Selection and Funding
Changes
Compensatory Time Off (CTO)
General Time (G-Time)
SECTION 8. HEALTH. DENTAL. LIFE. AND DISABILITY INSURANCE .......... 13
A. Health Insurance
B. Retirement Health Insurance
C. Life Insurance
D. Disability Insurance Plan
E. Premium Only Plan (POP)
SECTION 9. RETIREMENT ............................................................................................ 15
SECTION 10. HOURS OF WORK .................................................................................. 15
SECTION 11. OVERTIME ............................................................................................... 15
I
A. Overtime & Call-Out Pay
B. Court Time
SECTION 12. HOLIDAYS ................................................................................................ 16
SECTION 13. SICK LEAVE............................................................................................. 17
SECTION 14. VACATION TIME.................................................................................... 17
SECTION 15. LEAVES OF ABSENCE ............................,............................................. 19
I
A.
B.
C.
D.
E.
F.
Authorized Leave of Absence Without Pay
Bereavement Leave
Military Leave of Absence
Pregnancy Disability Leave of Absence
Family Leave
Catastrophic Leave
SECTION 16. JURY DUTy.....................................................................................:........ 21
SECTION 17. PROBATIONARY PERIODS................................................................. 21
3
A Appointment Following Probation Period
B. Objective of Probationary Period
C. Employee Performance Appraisal
D. Rejection of Probationary Employee
SECTION 18. LAYOFF PROCEDURES ........................................................................ 22
I
SECTION 19. SAFETY COMMITTEE PROGRAM.................................................... 22
SECTION 20. DRUG & SUBSTANCE ABUSE POLICY FOR COMMERCIAL
DIRVER LICENSE HOLDERS ........................................................................................ 22
SECTION 21. ENTIRE MEMORANDUM OF UNDERSTANDING......................... 23
SECTION 22. TERM OF MEMORANDUM OF UNDERSTANDING...................... 23
SECTION 23. EMERGENCY WAIVER PROVISION ................................................ 23
SECTION 24. RATIFICATION ........................................................................................ 23
I
I
4
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SEAL BEACH
AND
ORANGE COUNTY EMPLOYEES ASSOCIATION
I
SECTION 1. RECOGNITION
A. Pursuant to the provisions of Employee-Employer Relations Ordinance Number
769, as amended, the City of Seal Beach (hereinafter called the "City" and/or "Employer"
interchangeably) has recognized for the purpose of this Memorandum of Understanding
(MOU), the Seal Beach Chapter of the Orange County Employees Association (OCEA), an
association of employees of the City of Seal Beach, hereinafter referred to as "Association"
representing all full-time non-safety employees of the City except those employees
determined to be professional, confidential, administrative, management, and certain
specified supervisory employees.
B. The City recognizes the Association as the representative of the employees in the
classification and assignments set forth in Section I above for the purpose of meeting its
obligations under this Memorandum of Understanding (MOV), the Meyer-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.
I
C. The City agrees that the recognized representatives of Association not exceed four
(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, providing that such time shall not exceed two (2) hours in any
one (I) week unless agreed to by City. City also agrees that such representatives may utilize
not more than one (I) hour per month or twelve (12) 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 shall provide a bulletin board in each of the following locations: Public Works
Yard, Administration Building, and Police Department. Such bulletin boards to be
available for the purpose of posting notices pertaining to Association business only.
Association shall not use any other bulletin board within City facilities.
E. 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.
F. 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.
I
G. 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.
H. During the term of this MOU, the City shall provide to OCEA, upon receipt of a
written request, a listing of all current employees in this unit not exceeding twice per year.
Such listing shall include employee name and job classification. OCEA agrees to pay
necessary costs to provide such lists.
5
I. This MOU shall be effective by and between Management and Association upon
execution by Management and the required number of the duly authorized recognized
representatives of Association.
SECTION 2. DUES AND BENEFIT DEDUCTIONS
A Payroll Deductions
The City shall not be required to make payroll deductions for any other items or reasons
except as specified in this MOU. Management shall determine in the interest of cost and
efficiency as to whether said deductions shall be on a monthly basis or on each semi-
monthly payroll. Management may require notice from employee of any change or
modification in any payroll deduction authorized in this section of this MOU. Said notice
may be required at least ten (10) days prior to the effective date of said requested
modification or change. Management agrees that payroll deductions are authorized for
purposes of any employee depositing funds or making payments directly to a federal credit
union providing that any deduction shall not be less than five dollars ($5.00) on a monthly
basis, or two dollars and fifty cents ($2.50) if semi-monthly deductions for such purpose as
authorized by Management.
I
B. Emplovee Association Dues
City agrees to deduct regular monthly Association dues from salary or wages of any
Association member when authorized to do so by said City employee in writing in a form
satisfactory to City and to remit such deductions to Association within fifteen (15) days
after making such deduction from an employee's salary or wages, and within the terms of
the signed deduction authorization of such City employee. The deduction of such
Association dues and the remittal of same by City to Association shall constitute payment of
said dues of such employee and member of Association.
C. Indemnification
I
The Association agrees to hold the City harmless and indemnify the City against any claims,
causes of actions, or lawsuits arising out of the deductions or transmittal of such funds to
the Association, except the intentional failure of the City to transmit to the Association
monies deducted from the employees pursuant to this Article.
SECTION 3. CITY RIGHTS
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
Memorandwn of Understanding 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:
To manage the City generally and to determine the issues of policy.
1. To determine the existence or nonexistence of facts which are the basis of
the Management decision.
I
2. To determine the necessity and organization of any service or activity
conducted by the City and expand or diminish services.
3. To determine the nature, manner, means and technology and extent of
services to be provided to the public.
4. To determine methods of financing.
6
5. To determine types of equipment or technology to be used.
6. 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.
I
7. 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.
8. To assign work to and schedule employees in accordance with requirements
set forth in previous agreements, and to establish and change work schedules and
assignments upon reasonable notice insofar as such changes do not conflict with previous
MOU.
9. To layoff employees from duties because ofIack of work or funds, or under
conditions where continued work would be ineffective or non-productive.
10.
standards.
To establish and modifY productivity and performance programs and
II. To discharge, suspend, demote, reprimand, withhold salary increases and
benefits, or otherwise discipline employees for cause.
12. To determine minimum qualifications, skills abilities, knowledge, selection
procedures and standards, job classifications and to reclassifY employees in accordance with
this MOD and applicable resolution and codes of the City.
I
13. To hire, transfer, promote and demote employees for non-disciplinary
reasons in accordance with the MOU and applicable resolution and codes of the City.
14. To determine policies, procedures and standards for selection, training and
promotion of employees in accordance with this MOU and applicable resolution and codes
of the City.
15. To establish reasonable employee performance standards including but not
limited to, quality and quantity standards and to require compliance therewith.
16. To maintain order and efficiency in its facilities and operation.
17. To establish and promulgate and/or modifY rules and regulations to maintain
order and safety and which are not in contravention with the Agreement.
18. To restrict the activity of an employee organization on municipal property
and on municipal time except as set forth in this MOD.
19. To take any and all necessary action to carry out the mission of the Agency
in emergencies.
I
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 MOD.
SECTION 4. NON-DISCRIMINATION
A. The City and the Association agree that they shall not discriminate against any
employee because of race, color, sex, age, national origin, physical handicap, marital status,
7
political or religious opinions or affiliations. The City and the Association shall reopen any
provision of this Memorandum of Understanding (MOU) for the purpose of complying with
any final order of the Federal or State agency or Court of competent jurisdiction requiring a
modification or change in any provision or provisions of this MOU in compliance with
State or Federal anti-discrimination laws.
B. Whenever the masculine gender is used in this MOU, it shall be understood to
include the feminine gender.
SECTION 5. COMPENSATION PLAN
I
A. Basic Compensation Plan
I. All 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 five (5) steps within each
range.
2. The first (1st) 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 (2nd) 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 (3rd), fourth (4th), and fifth (5th) steps are merit adjustments to
encourage an employee to improve his work and to recognize increased skill on the job.
Employees are normally eligible for these adjustments at any time after the completion of
one (I) 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.
I
B. Advancement within Salary Ranges
I. 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 employees fairly in an unbiased fashion for the determination of job
perfonnance. Advancement shall be made only upon recommendation of the Department
Head with the approval of the City Manager.
4. An employee must be reviewed at least once every twelve (12) months from
the effective date of his last perfonnance step increase, special perfonnance 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
perfonnance advancement in salary at any time when unusual or outstanding achievement
has been demonstrated.
I
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 five percent (5%) salary increase
over the base salary received immediately prior to promotion.
8
2. TemDorary ADDointment - City agrees that employees assigned, in an acting
capacity, to a higher classification than the employees' present classification for a period of
not less than one hundred twenty (120) consecutive working hours shall be entitled to
move-up pay. In addition, employees who are assigned by the department director in
writing to regularly scheduled acting assignments of less than one hundred twenty (120)
hours shall also be entitled to move-up pay. Move-up pay will be retroactive to the first
hour served in the higher classification and shall be paid at a rate equal to the first (I st) step
of the higher classification but in no event shall move-up pay be less than five percent (5%)
more of the employee's current rate.
I
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 relative step in the new salary range and their anniversary date shall not be
changed.
F. Salary and Benefits on SusDension
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.
I
G. Salary Adiustments During Term of Memorandum of Understanding
I. The salary schedule for each position classification affected is hereby
determined and established upon adoption by City Council, and shall become effective the
first payroll period following July I, 2006. Salary increases are as follows:
First Dav oeriod on or following Julv I. 2006
Three percent (3%) Adjustment + one and a half percent (1.5%) Market
Equity Adjustment
First DaV Deriod on or following Julv I. 2007
Three percent (3%) Adjustment
First DaV oeriod on or following January I. 2008
Two percent (2%) Market Equity Adjustment
First Dav oeriod on or following Julv 1. 2008
CPI, Minimum three percent (3%) up to five percent (5%) maximum
Position
I
Account Clerk
Community Service Officer I
Community Service Officer II
Electrician
Maintenance Worker I
Maintenance Worker II
Mechanic
Recreation Coordinator
Utility Maintenance Worker
Water Utility Worker
Sr. Water Operator
Range
370-01
360-01
340-02
310-01
370-02
350-01
320-01
340-0 I
350-02
330-0 I
300-01
9
2. If the management representative is of the sole opinion that recruitment,
retention or other reasons necessitate other upward salary adjustments, Management
representative will meet and confer with Association on position classifications specified by
the Management representative or Association. Management representative may make
additional recommendations to the City Council.
3. It is understood and agreed that agreed-upon employees may be classified as
confidential or supervisory employees.
4. For any and all position classifications not listed in this section, said
classifications not having personnel employed by City, salary adjustment, if any, may be
recommended by Management without further consultation or approval of Association.
I
H. Miscellaneous
The City agrees to obtain available salary benchmark comparison CALP ACS survey data
for Orange County cities for use during negotiations for the period beginning July 2009.
SECTION 6. SPECIAL PAY PROVISIONS
A. Automobiles and Mileage
Officers and employees of the City, utilizing their privately-owned automobiles for City
business on a non-regular basis, shall be entitled to reimbursement for costs incurred at the
rate established by the Internal Revenue Service (IRS).
B. Maintenance Worker Merit Program
Under the provisions of this program, all Maintenance Worker I employees will become
eligible to "promote" to the classification of Maintenance Worker II providing the following
conditions have been met:
I
I. The employee must have reached "E" step in the classification of
Maintenance Worker 1.
2. The employee must have served in the capacity of Maintenance Worker I
"E" step for a minimum period of twelve months.
3. Employee must have been rated satisfactory on most recent perfonnance
evaluation.
Any vacancies in the Maintenance Worker I or II work force will be recruited at the
Maintenance Worker I level.
C. Senioritv Bonus
Employees who have achieved ten years of uninterrupted employment with the City shall
receive a five percent (5%) increase in base salary effective on the tenth (10th) anniversary
of their employment.
D.
Standbv Comoensation
I
1. Standbv Comoensation - Utilities Division: Each employee of the Utilities
Division (Water, Sewer) who is assigned by the Water Superintendent to standby duty
will be compensated for one (I) hour of overtime pay each weekday of duty and five (5)
hours of overtime on Saturday or Sunday or holidays. The assignment to standby duty
will be rotated among all water division personnel and other department personnel
possessing the proper water operator's certification and has a familiarity with the water
and sewer system.
10
2. No compensation will be provided to personnel serving as "backup" to the
regularly scheduled person assigned to standby duty.
3. Employees on standby duty who are called out will be compensated in
accordance with Section 15.
I
4. Employees assigned to standby duty are required to respond to utility related
emergencies on a twenty-four (24) hour basis. However, in the event that a maintenance
supervisor or other maintenance employee cannot be contacted during non-utility related
emergency, the person assigned to standby duty will be expected to respond upon
notification.
5. Personnel assigned to standby duty are required to carry with them or have
nearby, a paging device (beeper) during all non-regular working hours and also must
confine their activities to the extent that they remain within twenty (20) minutes driving
time of the City of Seal Beach at all times. In addition, standby personnel will be required
to have in their possession a current roster listing each employee in the Utility Division with
their telephone number.
E. Shift Differential
City agrees that employees in the Public Works Department who are assigned duties
between the hours of 4:00 a.m. and 6:30 a.m. shall be paid at a rate of time and one-half (1
1/2) for time worked during that period.
F. Traffic Signal Technician Pav
I
Each employee in the Public Works Department in the classification of Electrician who has
a Level 2 Traffic Signal Technician Certificate from the International Municipal Signal
Association will be entitled to receive thirty dollars ($30) per payroll period.
G. Class AIB License Pay
Each full-time employee in the Public Works Department required by the City to maintain a
Class A or B license for the performance of their work, will be entitled to receive thirty
dollars ($30) per payroll period, effective the first payroll period following ratification by
Council. The Public Works Director or his designee will notify Personnel Office of eligible
employees.
H. Training Program
1. Reauired Training - An employee who is required by his or her Department
Head to attend a specified off-duty training course, shall, upon submission of receipts,
receive reimbursement for the following: transportation cost where appropriate, cost of
books, course registration and related expenses directly necessary for the successful
completion of the course.
I
2. Desirable Training - Desirable training is defmed as an off-duty instruction
that will be mutually and immediately beneficial to the employee and the City. Prior to
enrolling in a class for desirable training, an employee wishing reimbursement for his or her
expenses shall obtain the approval of the City Manager as to course content and its
relationship to the employee's employment with the City as well as the recommendation of
the Department Head. This approval is at the sole discretion of the City Manager.
3. In the event the City Manager approves such request and the employee has
received a grade of "C" or better or its equivalent grade point upon completion of the
course, the employee shall submit a copy of the official transcript and a receipt for the
tuition fee to the Personnel Office. Upon approval by the City Manager, the employee shall
then be reimbursed for the cost of tuition and books in accordance with the tuition
reimbursement policy adopted by the City.
II
4. Training Conferences and Seminars - Approval for employees attending
conferences and seminars is at the sole discretion of the Department Head and the City
Manager. Prior to enrolling in a seminar or conference, an employee wishing
reimbursement for his or her expenses shall obtain the approval of the Department Head
and the City Manager. Once approvals are given, those employees will be reimbursed on a
cost basis after presenting receipts for allowable expenses per administrative training and
per diem policy.
I. Uniforms & EauiDment/Uniform Allowance
I
I. Public Works Department Employees: Each employee of the Department of
Public Works, except clerical, engineering and related classifications as determined by the
City Manager, shall be entitled to uniform service. The City shall pay the total cost of
renting and laundering uniforms (designated by the Department Head) for each eligible
employee.
2. Police Department Employees (Non-Sworn Members): Each non-sworn
employee of the Police Department, including the classifications of Animal Control Officer,
Police Records Technician and Community Services Officer assigned to wear a uniform as
a condition of employment shall be entitled to a sum of twenty dollars ($20) per payroll
period. In addition, new employees of non-sworn status in the Police Department shall
receive initial uniforms as determined by the Chief of Police. Each non-sworn employee of
the Police Department NOT required to wear a uniform as a condition of employment shall
not receive a uniform allowance. Should conditions of employment change and those
classifications be required to wear a uniform, the twenty dollars ($20) per payroll period
uniform allowance shall be reinstated.
3. Safety Shoes - City agrees to provide acceptable safety shoes at current
market prices for authorized employees of the Public Works Department.
4. Equipment Certification Program - City agrees to establish a program for
certification for operation of dangerous equipment to include a safety officer from among
represented employees.
I
5. The City shall establish a Safety Committee to review and recommend
safety procedures.
J. Water Treatment/Water Distribution Pav
Water Treatment/Water Distribution Pay - Each Public Works Employee in the
classification of Senior Water Utility Operator or Water Utility Operator who has received a
Grade III Water Treatment Operator Certificate from the California Department of Health
Services or Grade III Water Distribution Operator Certificate from the American Water
Works Association will be entitled to receive thirty dollars ($30) per payroll period.
K. Deferred Comoensation Program
The City shall contribute one percent (1 %) of base salary per pay period effective the first
(1st) payroll period on or following July 1,2006, into a deferred compensation program for
eligible employees.
SECTION 7. FRINGE BENEFIT ADMINISTRATION
I
A. Administration
The City reserves the right to select, change, administer or fund any fringe benefit programs
involving insurance that now exists or may exist in the future during the term of this
Memorandum of Understanding (MOU).
12
B. Selection and Fundim!
In the administration of fringe benefit programs involving insurance, the City shall have the
right to select any insurance carrier or other method providing coverage to fund the benefits
provided hereinafter during the term of this MOU.
C. Changes
I
Provided, however, that the City shall notify the Association prior to any change of
insurance carrier or method of funding coverage for any fringe benefits provided hereinafter
during the term of this MOU. No changes in insurance carrier or methods of funding
coverage shall result in the reduction of any benefits to any employee covered by this
agreement, irrespective of the carrier or plan in effect from time to time. Within the term of
this agreement, the City may provide alternative health plans.
D. ComDensatorv Time Off (CTQ)
Unit members with two hundred forty (240) hours or more hours of CTO shall either cash
out or deferred comp those hours by the first (1st) pay period in December 2006. The
maximum (cap) ofCTO is one hundred twenty (120) hours. Compensatory Time eamed in
excess of one hundred twenty (120) hours will be paid as overtime during the pay period
accrued.
E. General Time (G-Time)
General Leave Time (G-Time) must be exhausted by June 30, 2010. General Leave Time
(G-Time) may be utilized as vacation or sick leave up to one hundred sixty hours (160)
per fiscal year, or may be assigned as deferred compensation or cash up to one hundred
sixty (160) hours per fiscal year.
I
SECTION 8. HEALTH. DENTAL. LIFE & DISABILITY INSURANCE
A. Covel'lU!e - Health Insurance
I. The City shall provide for eligible employees a group hospital, medical and
dental insurance plan.
2. The City shall contribute to the cost of each medical/dental plan for each
eligible employee and their dependents, up to the following amounts:
3. The City shall contribute to the cost of each medical/dental plan for each
eligible employee and their dependents, up to the following amounts effective January I,
2007:
For single employees
For employee and I dependent
For employee and 2 or more dependent
420/month + % of increase ofOC basic plans
$690/month+ % of increase of OC basic plans
$905/month + % of increase ofOC basic plans
I
The City shall increase its contribution on January 1 st of each calendar year under the terms
of this MOU by the percentage of increase ofOC basic plans as published by CalPERS.
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 first two (2) pay periods for each month.
A portion of the cafeteria plan, sixteen dollars ($16) per month per employee, is identified
as the medical contribution is paid by the City of Seal Beach to the Public Employees
Retirement System (PERS) Health Program premium on behalf of the employee. SB 1464
became effective January 1, 2003 and incrementally increases the minimum employer
contribution for agencies participating in the Public Employees Medical and Hospital Care
Act from sixteen dollars ($16) per month per employee/retiree to a maximum of ninety-
13
seven dollars ($97) per month by year 2008.
4. The City shall not change medical/dental insurance plans during the term of
this agreement without first meeting and conferring on the proposed change.
5. Employees who elect to waive enrollment in medical and dental coverage
may receive two hundred fifty dollars ($250) per month (upon showing proof of health
insurance coverage under an alternative plan.) Election forms are available in the Personnel
Office.
I
6. Part-time, seasonal, provisional and/or hourly employees shall not be
eligible for participation in this program.
7. No person who is receiving Workers' Compensation payments and benefits
is eligible to receive duplicate benefits from the City's group medical insurance.
8. Full-time employees of the City who have completed thirty (30) days of
uninterrupted service shall be enrolled in this insurance program on the first day of the next
succeeding month.
9. Employees who change classification from full-time to part-time
provisional, hourly or seasonal shall not be eligible for this benefit. The employee shall be
eligible for coverage under COBRA.
10. City shall not pay premiums for any employee on leave of absence without
pay, who is absent from regular duties without authorization during the month and/or for
any employee who has terminated from City employment for any reason. City shall pay
premiums for employees receiving temporary payments from Worker's Compensation
Insurance.
B.
Retirement Health Insurance
I
1. Employees covered by this agreement have the option, upon retirement, to
continue participation in the City's health insurance program at the retiree's expense.
2. All full-time employees with twenty (20) or more combined years of
employment with the City shall, upon retirement, be provided with individual health
insurance coverage. If said employee has thirty (30) or more combined years of
employment with the City upon retirement, eligible dependent health insurance coverage
shall also be provided. The City shall contribute to the cost of the selected coverage
consistent with the appropriate level as specified in Article VIII, Section 1 B of this
Memorandum of Understanding.
3. In all cases, the City's contribution for eligible dependent coverage for
retirees shall terminate with the death of the retiree.
C. Life Insurance
Management agrees to provide a group life insurance plan providing life insurance coverage
of twenty-five thousand dollars ($25,000) for each full-time classified non-safety employee
represented by the Association, a double indemnity accidental death benefit, and a
dependent death benefit in the amount of one thousand dollars ($1,000) per dependent.
Said insurance shall become effective after the employee has completed thirty (30) days of
uninterrupted service with said employee to be enrolled in the program on the first (1 st) day
of the next succeeding month.
I
D. Disabilitv Insurance Plan
The City shall provide a group insurance plan for income continuation for eligible
employees. Said insurance to provide an income continuation of sixty-six and two-thirds
(66.67%) Percent of the employee's monthly salary, up to a maximum of five thousand
dollars ($5,000) per month, for a period of time not to exceed the length of injury or illness,
14
up to the age of retirement as designated by the Social Security Administration. Said
insurance shall become effective after the employee has completed thirty (30) days of
uninterrupted service with said employee to be enrolled in the program on the first day of
the next succeeding month.
E. Premium Only Plan (POP)
I
The City will provide a Premium Only Plan (POP) for health and dental benefits. The plan
will allow for premium payments for premium payments for medical and dental insurance
coverage to be made before taxes (non-taxable) through salary reduction.
SECTION 9. RETIREMENT
The retirement program provided by the City shall consist of a pooled PERS plan which
includes the following Government Code provisions:
Section 20042
Section 20965
Section 21024
Section 21573
Section 21251.32
One (1) Year final compensation (Single Highest Year).
Credit for unused sick leave.
Military Service Credit.
Third (3rd) Level of 1959 Survivor Benefits
Two percent at fifty-five (2% @ 55)
The City shall pay that portion of the affected employee's retirement contribution that is
equal to seven percent (7%) of the affected employees' base salary.
SECTION 10. HOURS OF WORK
I
A. Prior to implementing a change in work schedule for the Public Works Department
from the four (4) day schedule, Orange County Employees Association will be notified.
Upon request, the City will meet and confer with the Association on the impact of any
scheduled change.
B. At the discretion of the Department Head: Account Clerk, and Cornmunity Services
Officer I & II positions may be scheduled in shifts offour (4) nine-hour (9) days each week
and one (1) additional eight-hour (8) day on alternate weeks, referred to as the 9/80 plan, or
may be scheduled in shifts of four (4) ten-hour (10) days each week, referred to as the 4/10
plan. Additionally, other non-sworn positions may be scheduled on the five (5) days a week
(eight hour day) referred to as the 5/8 plan to accommodate training sessions. At the
discretion of the Department Head, Public Works Beach Division employees may be
scheduled on a 5/8 work shift from May through September.
C. All General Unit Orange County Employees Association (OCEA) members shall be
granted one-half (1/2) hour paid release time to attend quarterly Association meetings and
two (2) additional one-half (1/2) hours for meetings to be called at the discretion of the
Association. Such release time shall be taken in conjunction with the employees regularly
scheduled lunch and shall be approved only after a minimum of ten (10) days notice has
been given to the City.
I
SECTION 11. OVERTIME
A.
Overtime and Call-Out Pav
1. If work beyond nonnai 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.
2. If the responsible supervisor determines that overtime is necessary on work
started on an assigned shift, the assigned employee(s) may continue with that work as an
extension of their assigned shift.
15
3. Call out and overtime pay shall be paid at the rate of time and one-half (1/2)
the hourly rate. Minimum "call out" time (when returning to work) shall be two (2) hours.
4. 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 payroll period is to be
submitted and computed with the regular payroll.
5. Notwithstanding any provision of this Section, employee shall be entitled to
select either compensated overtime or compensatory time off subject to budget limitations,
departmental rules and regulations, and Article VII, Section 4 of this MOD.
I
B. Court Time
I. All eligible employees called for a subpoenaed court appearance which
arises out of the course of employment and not contiguous with the employee's work shift
shall be compensated for a minimum of two-and-two-thirds (2-2/3) hours at the rate of one
and one-half (1-112) times the employee's regular hourly rate of pay. Should the appearance
exceed two and two-thirds (2-2/3)hours, the employee shall receive pay for the actual
appearance time, excluded court designated lunch period, at the rate of one and one-half (1-
1/2)times the employee's regular hourly rate of pay. Court appearance time shall begin
when the employee departs from the Police Station to go directly to court.
2. Any appearance that is contiguous with a regular work shift is not subject to
the two and two-thirds (2-2/3) minimum.
3. All employees agree to comply with "on-call" policies administered by their
department. Should an eligible employee be placed "on-call" during off duty hours for court
appearance(s), he shall be granted two (2) hours pay at the employee's straight time hourly
rate for any on call time prior to 12:00 noon and two (2) hours for all on call time after the
hour of 12:00 noon.
I
SECTION 12. HOLIDAYS
A. The City agrees to grant all employees a full shift pay for each holiday recognized
by City. Every full-time employee of the City, except employees of the Police Department
who are classified as safety members of the Public Employees' Retirement System (PERS),
shall be granted the following holidays with pay:
New Year's Day (January I)
Martin Luther King Jr. Birthday (3rd Monday in January)
Washington's Birthday (Third Monday in February)
Memorial Day (Last Monday in May)
Independence Day (July 4)
Labor Day (First Monday in September)
Veterans' Day (November I I)
Thanksgiving Day (Fourth Thursday in November)
The Calendar Day following Thanksgiving Day
Christmas Eve (December 24)
Christmas Day (December 25)
ONE (I) FLOATING HOLIDA y*
A total of 12 holidays annually.
I
*The floating holiday must be taken during each fiscal year (July 1st through June 30th).
Floating holidays may not be carried forward beyond the term of this agreement. Floating
holidays must be approved by the Department Head.
B. When a holiday falls on a Sunday, the next day shall be observed as a holiday.
When a holiday falls on a Saturday, the preceding day shall be observed as a holiday.
16
C. When a holiday falls on a full-time employee's regularly scheduled day off, the
employee shall receive either the previous or following day off or compensatory time, in
keeping with other provisions of this MOU, subject to discretion of Department Head.
D. An employee who is required to work on a holiday shall receive pay computed at
one and one-half (1-112) times the employees' basic hourly rate for the number of hours
actually worked. In addition, the employee shall receive compensatory time for each
holiday worked.
I
E. Holidays which fall during an employee's leave time shall not be charged against
the employee's leave time balance.
SECTION 13. SICK LEAVE
A. All full-time employees covered by this resolution shall accrue sick leave at the
rate of one (1) day (8 hours) per month of service. Sick leave may be accumulated up to
and including five hundred twenty (520) hours. Except as otherwise provided in this
resolution, no employee shall receive further accruals once the five hundred twenty (520)
hour maximum is reached.
B. The Department Head may require employees to present proof of illness for sick
leaves in excess of three (3) working days.
C. Employees who elected to retain sick leave balances prior to conversion to the
leave time provision on July 1, 1987:
1. May utilize those balances for sick leave purposes.
I
2. Upon termination, shall be paid for the existing sick leave balance at one
quarter (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 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 14. VACATION TIME
A. All full-time employees covered by this resolution, 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 eighty (80) hours per year up to a maximum of
approximately one hundred sixty (160) hours per year.
I
B. All full-time employees, who shall have at least five years of continuous service,
shall be entitled to eight (8) additional hours of vacation per year of full-time continuous
service for each year of service in excess of five years up to a maximum of approximately
one hundred sixty (160) hours per year.
17
The vacation accrual schedule is as follows:
Years Vacation Hourly Accrual Annual Maximum
Service Hours Rate Per Pay Vacation Vacation
Earned Period Bi-Weekly Hours Accrual
I 80 3.0769 80 160
2 80 3.0769 80 160
3 80 3.0769 80 160 I
4 80 3.0769 80 160
5 80 3.0769 80 160
6 88 3.3846 88 200
7 96 3.6923 96 200
8 104 4.0000 104 200
9 112 4.3076 112 200
10 120 4.6153 120 200
11 128 4.9230 128 240
12 136 5.2307 136 240
13 144 5.5384 144 240
14 152 5.8461 152 240
15 160 6.1538 160 240
C. Employees of the City considered as hourly, part-time and/or seasonal employees
shall not be eligible for paid vacation.
D. All full-time employees shall only be allowed to accrue a maximum of two hundred
forty (240) hours of vacation as set forth above. 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.
E. Employees are encouraged to use at least the amount of vacation hours earned each
fiscal year. Those employees who have been credited with pre-existing 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.
I
F. Vacation leave time shall not be approved until such time as it has been eamed,
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.
G. Not more than once in each fiscal year, an employee who has completed at least one
(1) year of continuous service shall, upon request, receive compensation for up to fifty (50)
hours of accrued vacation time provided that the employee has taken an equal amount of
vacation time off within that fiscal year.
I
H. Employees covered by this resolution shall have ceased accruing general leave.
Previously eamed time shall be used/compensated for as follows: Upon separation of
employment with the City, all leave hours will be paid to the employee at the employee's
current base rate of pay.
18
SECTION 15. LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pav
I. 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 one-hundred eighty (180) working days per Government Code.
I
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 (I) 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 as specifically provided for in
this Memorandum of Understanding, except that the City shall contribute to an employee's
medical and dental health plan, disability insurance plan, life insurance plan for the first
thirty (30) days ofleave of absence.
B. Bereavement Leave
I
The City agrees to provide forty (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. "Immediate family" is defined as spouse, the father, mother, son, daughter,
brother, sister, grandparents, grandchild, step-mother, step-father, mother-in-law, father-in-
law or dependent relatives living with the employee.
C. Militarv Leave of Absence
1. Military leave shall be granted in accordance with the provisions of 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 ten (10) working days in advance of the beginning of the leave.
2. In addition to provision of State law, the City shall continue to provide
eligible employees on military leave, the current health benefits (medical, dental, 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 same co-
payments as required of other employees.
3. After the first three (3) months of military leave, the employee may continue
said benefits at his cost.
D. Pregnancy Disability Leave of Absence
I
I. An employee who is disabled due to pregnancy shall be granted a pregnancy
disability leave as provided by the State of Cali fomi a 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. Familv 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
19
adoption, or to care for a seriously ill or injured member of the employees "immediate
family" as defined in Article XIV,
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.
I
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 maximum of four hundred (400) working hours of family leave in any
combination of sick leave and unpaid leave may be taken during any two (2) year period
unless a greater amount is prescribed by state or federal law.
F. Catastroohic 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.
I
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 for
catastrophic leave.
4.
program.
Employees receiving Long-Term Disability payments are excluded from this
5. All donations are to be confidential, between the donating employee and the
Finance Department.
6. Employees donating to the pool must have forty (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 recipient of the donation.
I
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.
20
Ii. 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 16. JURY DUTY
I
Comoensation for Jurv Dutv
A. Employees required to report for jury duty shall be granted leaves of absence for
such purpose, upon presentation of jury notice to the Department Head. Said employees
shall receive full payment for the time served on jury service, provided the employee remits'
any fees received for such jury service, excluding payment for mileage, to the City's Finance
Department. Compensation for mileage, subsistence or similar auxiliary allowance shall
not be considered as a fee and shall be returned to the employee by the Finance Department.
B. If the surn of the employee's jury duty responsibilities is less than a full work day,
the employee shall contact his supervisor as to the feasibility of returning to work that day.
C. Any hours worked beyond the regularly scheduled work day shall be subject to the
workweek and overtime provisions. An employee may request a change in regularly
scheduled working hours to a Monday through Friday day shift for the duration of such jury
duty. Such requests shall be granted if practicable.
SECTION 17. PROBATIONARY PERIODS
A. Aooointment Following Probation Period
I
I. The original appointment and promotional appointment of employees shall
be tentative and subject to a probationary period of six (6) months of service.
2. When unusual circumstances merit the extension of the probationary period,
the Department Head shall request, in writing, approval of the City Manager. Said
extension shall not exceed one hundred and eighty (180) days. The Personnel Office shall
notifY the Department Head and the probationer concerned no-less-than two weeks prior to
the termination of any probationary period.
3. If the service of a probationary employee has been satisfactory, the
Department Head shall file with the Personnel Office a statement, in writing, that the
retention of the employee is desired. No actions changing an employee's status from
probationary to regular full-time shall be made or become effective until approved by the
City Manager.
B. Obiective ofProbationarv Period
I
The probationary period shall be regarded as a part of the testing process and shall be
utilized for closely observing the employee's work, for securing the most effective
adjustment of a new employee to his position, and for rejecting any probationary employee
whose performance does not meet the required standards of work.
C. Emolovee Performance Aooraisal
I. Each probationary employee shall have his performance evaluated at the end
of each three (3) months of service or at a more frequent interval when deemed necessary by
the Department Head. Permanent employees shall have their performance evaluated
annually or at more frequent intervals when deemed necessary by the Department Head.
Such evaluation shall be reported in writing and in the form approved by the Personnel
Office.
2'
2. The written appraisal report of an employee's performance evaluation shall
be filed in triplicate, the original to be filed with the Personnel Office and made a part of the
employee's personnel records, one copy to be retained by the department, and one copy to
be given to the employee.
D. Reiection ofProbationarv Emplovee
I. During the probationary period an employee may be suspended, demoted, or
rejected anytime by the Department Head, with approval of the City Manager, without
cause and without right of appeal, except the right of appeal of punitive action as may be
provided by law. Notification of rejection, in writing, shall be served on the probationary
employee and a copy filed with the Personnel Office. A termination interview may be
conducted with each rejected probationer.
I
2. An exception will be applied where the probationary employee's job
termination or dismissal is based on charges of misconduct which stigmatizes his reputation
or seriously impairs his opportunity to eam a living, or which might seriously damage his
standing and association in the community. Where there is such a deprivation of a "liberty
interest", the employee shall be given pre-disciplinary procedural due process as defined in
the City of Seal Beach Personnel Rules and Regulations and this Memorandum of
Understanding. Prior to the disciplinary action becoming final, the employee must be
notified of his right to the appeal procedure as outlined in these Ru1es and Regulations.
SECTION 18. LAYOFF PROCEDURES
The appointing authority may layoff employees or demote employees in lieu of layoff
subject to Rule XII - TERMINA nON PROCEDURES of the City's Personnel Rules.
Notwithstanding Ru1e XII of the City of Seal Beach Personnel Rules, the City agrees to
replace Section 2(c) ofRu1e XII with the following:
I
Whenever seniority is equal, the seniority of the employee shall be determined first by
examining continuous service within the affected classification and if not determinative,
then by position on the employment list.
SECTION 19. SAFETY COMMITTEE PROGRAM
A City-wide Safety Committee Program will be implemented; an employee representing
each department will participate and will meet on a quarterly basis.
SECTION 20. DRUG & SUBSTANCE ABUSE POLICY FOR COMMERCIAL
DRIVER LICENSE HOLDERS
Anti-Drug & Alcohol Policv
Effective immediately, all employees of the City of Seal Beach who are required to
possess a commercial driver's license - Class A or B - to operate a City vehicle in the
scope of their employment, or employees who perform safety sensitive functions will be
subject to controlled substance and alcohol testing rules in accordance with Federal
Regulations 49CFR, Parts 382, 391, 392 and 395.
I
This policy reflects the City's compliance with the applicable Federal laws in conjunction
with a commitment to provide a safe environment for its employees and the public alike.
Only covered employee positions and covered employees performing safety sensitive
functions are expected to comply with this policy. By implementing this policy, the goal
is to ensure a drug and alcohol-free transportation environment and to reduee accidents,
injuries and fatalities.
22
SECTION 21. ENTIRE MEMORANDUM OF UNDERSTANDING
A, Menzer ofNel!otiations
I
This Memorandum of Understanding represents the full and complete understanding of
every kind or nature whatsoever between the parties hereto and all preliminary negotiations
and previous Memorandums of Understanding of whatsoever kind of nature are merged
herein.
B. Notwithstanding the provision of Section 1, there exists within the City certain
personnel rules and regulations and department rules and regulations. To the extent that this
Memorandum of Understanding does not specifically contradict these personnel rules and
regulations or department rules and regulations or City ordinances, they shall continue
subject to being changed by the City in accordance with the exercise of City rights under
this Memorandum of Understanding and applicable state law.
C. Except as provided herein, other terms and c~nditions of employment, oral or
written, express or implied that are presently enjoyed' by employees represented by the
Association shall remain in full force and effect during the entire term of this Memorandum
of Understanding unless mutually agreed to the contrary by both parties hereto. .
D. Seoarabilitv
If any provision of the Memorandum of Understanding or the application of such provision
to any person or circumstance shall be held invalid, the remainder of the Memorandum of
Understanding or the application of such provision to persons or circumstances other than
those as to which it is held invalid, shall not be affected thereby.
I
E.
Reooener Clause
City and Association agrees to reconvene during the terms of this MOU to discuss the
implementation of HSA, HRA, or VEBA programs for employee and retiree medical
premiums.
SECTION 22. TERM OF MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding shall remain in full force and effect from July 1,2006,
until midnight, June 30, 2009.
SECTION 23. EMERGENCY WAIVER PROVISION
I
In the event of circumstances beyond the control of the City, such as acts of God, fire, flood,
civil disorder, national emergency, or similar circumstances, provisions of this
Memorandum of Understanding or the Personnel Rules and Regulations of the City, which
prevent the City's ability to respond to these emergencies, shall be suspended for the
duration of such emergency. After the emergency is over, the Association shall have the
right to meet and confer with the City regarding the impact on employees of the suspension
of these provisions in the Memorandum of Understanding and any Personnel Rules and
Regulations.
SECTION 24. RATIFICATION
This Memorandum of Understanding is subject to approval and adoption by the City
Council and ratification of 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 resolutions(s), ordinance(s), or other written action
of the City Council.
23
IN WI1NESS HEREOF, the parties have hereto caused this Memorandum of
Understanding to be executed this 24th dav of Julv. 2006.
ENT REPRESENTATIVES:
I
ASSOCIATION REPRESENTATIVES:
mployee Relations Coordinator
~~/L -'~'
William Moran
I
I
24
I
I
I
CITY OF SEAL BEACH
OCEA
MEMORANDUM OF UNDERSTANDING
SECTION 7, D: COMPENSATORY TIME OFF (CTO)
CLARIFICATION
The provisions of Section 7, D places a cap of 120 hours maximum accrual on
Compensatory Time Off. Members with more than 240 hours at the time of the
implementation of this provision must buy down his/her CTO bank to a minimum of 240
hours by the first payroll period in December 2006. He/she will not be able to continue
accruing CTO time until his/her bank is below the cap of 120 hours. Hour(s) earned will be
paid out during the pay period in which it was eamed.
IN WITNESS HEREOF, the parties have hereto caused this clarification memorandum to
be executed and added to the Memorandum of Understanding executed on the 24th day of
July,2006. (Resolution Number 5482)
L BEACH M 16.GEMENT REPRESENTATIVE:
13~~
Bill Moran
January 11, 2007
I
I
I