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HomeMy WebLinkAboutCC Res 5181 2003-10-27 RESOLUTION NUMBER .5JfJ / A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING REVISIONS TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND THE CONFIDENTIAU SUPERVISORYIPROFESSIONAL AND TECHNICAL EMPLOYEES (SEAL BEACH SUPERVISORY AND PROFESSIONAL EMPLOYEES ASSOCIATION) AND REPEALING ALL RESOLUTIONS IN CONFLICT THEREWITH WHEREAS, the Government Code of the State of California prescribes a procedure for resolving matters rcgarding wages, hours and other terms and conditions of employment; and I WHEREAS, the City of Seal Beach has met and conferred in good faith with the Confidential/SupcrvisorylProfessional and Technical Employees now known collectively as the Seal Beach Supervisory and Professional Employees Association for the purposes of discussing said terms and conditions of employment; and WHEREAS, the City of Seal Beach and the ConfidentiallSupervisorylProfcssional and Technical Employees now known collectively as the Scal Beach Supervisory and Professional Employees Association have reached an agreement regardmg wages and other benefits. NOW, THEREfORE, BE IT RESOLVED that the City Council of the City of Seal Beach hereby amends the Memorandum of Understanding between the Confidential/Super- visorylProfesslOnal and Tcchnical Employees now known collectively as the Seal Beach Supervisory and Professional Employees Association and the City of Seal Beach for wages and benefits for July 1, 2q03 - June 30, 2004, P~, APPROVED m~ by thc City Council ofthc City of Seal Beach on .... day of , 2003 by the following vote: I AYES: Councilmember NOES: Councihnembers ABSENT: Councilmembers " ~~,)~ Mayor / STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OJ. SEAL BEACH ) I . ...... I, Joanne M. Yeo, City Clerk of Seal Beach, California,Jio hereby certify that the foregoing resolution is the original copy of Rcsolution Number~BI on file in the office of the City Clerk, passed, approved, and a~ by the City Crn~~y of Seal Beach, at a regular meeting thereofhcld on the ... day of ,2003, EXHIBIT A Adopted by Resolution No. ~ 8/ I SEAL BEACH SUPERVISORS & PROFESSIONAL EMPLOYEES ASSOCIATION MEMORANDUM OF UNDERSTANDING FY 2003/04 I I Resolution Number ~~ MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND THE SEAL BEACH SUPERVISORS & PROFESSIONAL EMPLOYEE ASSOCIATION SECTION 1 - RECOGNITION I Section 1. Pursuant to the proVisions of Employee-Employer RelatIOns Ordmance Number 769, as amended, the Clly of Seal Beach (hereinafter called the "City" andlor "Employer" interchangeably) has recognized for the purpose of tins Memorandum ofUnderstandmg, 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". Section 2. The City recognizes the Association as the representative of the employees in the classification and assignments set forth in Section 1 above for the purpose of meetmg Its obligations under this Memorandum of Understanding, the Meyer-Mllias-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. Section 3. The City agrees that the recognized representatives of Association not exceed four (4) m number and shall be entitled to meet and confer with City dunng said recognized representatives' normal I workmg 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 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 offices of ASSOCiation, Section 4 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 comhtions of employment. Association agrees to notify City in writing as to the identity of the representatives and of subsequent appomtments, if any, Association and City agree that employees appointed or elected as Association rcpresentatives shall be reqUired to work full time. Section 5. It is recognized and agreed that no ASSOCiation busmess and/or meetmgs Will be conducted and/or attended by employees of City during their respective hours of duty and work unless specified herein. Section 6 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. ' I Section 7. ThiS Mcmorandum of Understanding shall be effective by and between Management and Association upon execution by Management and the reqUired number of the duly authonzed recognized representatives of Association, I I I Resolution Number ~~I SECTION 2. MANAGEMENT RIGHTS The City reserves, retams and IS vested, solely and exclusively, with all rights of Management which have not been expressly abndged by specific provisions of this Resolution of Compensal1on, as such rights existed prior to the execution of this Resolution. A. To manage the City generally and to determine the ISSUes ofpohcy. B. To determine the existence or nonexistence of facts which are the basis of the Management deciSion. C. To determme the necessity and organization of any servlce or actlVlty conducted by the CIty and expand or diminish services. D. To detennine the nature, manner, means and technology and extent of services to be provided to the pubhc. E. To determine methods of financing. F, To determme types of equipment or technology to be used. G, To determine and/or change the facilities, methods, technology, means, orgamzal1onal 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 10cal1ons, relocations, and types of operations, processes and matenals to bc used in carrymg 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 m previous agreements, and to establish and change work schedules and assignments upon reasonable notice insofar as such changes do not conflict with previous Memorandums of Understanding - J. To layoff employees from duties because of lack of work or funds, or under conditions where contmued work would be ineffective or non-productive. K To establish and modify productivity and,performance programs and standards. 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 classifical10ns and to reclasSIfy employees in accordance WIth this Memorandum of Understanding and applicable resolution and codes of the City. N. To hire, transfer, promote and demote employees for non-disciphnary reasons m accordance WIth the Memorandum ofUnderstandmg and applicable resolution and codes of the City. 0, To detenrune poliCies, procedures and standards for selection, tramIng and promotion of employees in accordance with this Memorandum of Understanding and applicable resolution and codes of the CIty. p, To establish reasonable employee performance standards including but not lumted to, quality and quantity standards and to require compliance therewith, Q, To maintain order and efficiency in its faclhties and operation. R. To establish and promulgate and/or modify rules and regulations to maintain order and safety and which are not m contravention WIth the Agreement. Resolution Number ~~I S, To restrict the activity of an employee orgamzation on '!lunicipal property and on municipal time except as set forth In this Memorandum ofUndcrstandmg, 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 thc wages, hours and other tenns and conditions of employment of the bargaining umt, the City agrees to meet and confer m good faith with representatives of the Association regarding the Impact of the contemplated exercise of such rights pnor to exercising such rights, unless the matter of the exercise of such rights is proVided for in thiS Memorandum of Understanding. I 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, 2. The City shall contnbute to the cost of each medical and dental plan combined for each eliglblc employee and their dependents, up to the following amounts; For single employees For employee and 1 dependent For employee and 2 or more dependents $333/month $550/month $720/month Employces 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 pay periods for each month 3. 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 $16 per month to $97 per month In annual increments. I 4. Employees electing to Wlllve enrollment in the City offered medical and dental plans are ehgible to receive $250 per month (after prOViding proof of medical insurance through an alternative medical plan not offered by the City. 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. 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 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. I 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 paymcnts from Worker's Compensation Insurancc. 10. The City will work with all City employce Associations to discuss alternate health care prOViders dunng the term of this Agreement. I I I Resolution Number ~~I B. Life Insurance All employees incumbent m posItion classifications listed in Section 18 shall receive a $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 day of the next succeeding month. C. Income Continuation All employees incumbent in position classifications listed in Section 18 shall receive an income contmuation 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 ullinterrupted service With said employee to be enrolled m the program on thc first day of the next succeeding month. Said income contmuation 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 contmuing thereafter while the employee is absent from work for a period of up to age 65. SECTION 4. RETIREE HEALTH PLAN A. All full-time employees incumbent in position classifications specified in Section I8.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. B. All full-time incumbents In Confidential, Supervisory, and Professional and Technical position classifications WIth 20 or more combined years of employment with the City shall, upon retirement, be proVided With individual health insurance coverage through the Public Employees Retirement System Health Program (PERS). If said employee has 30 or more combincd years of employment with the City upon retirement, eligible dependent health msurance coverage shall also be provided through the Public Employees Retirement System Health Program. The CIty shall contnbute 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 30 or more combmed 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 $175 per month in additional contributions), until Medicare begins at age 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 contnbution for eligible dependent coverage for retirees shall terminate With the death ofthe retiree. D. In the event an eligible retired employee residcs 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 contnbution the City would otherwise have contributed to that retired employee toward health and dental insurance premiums, SECTION 5. SICK LEAVE A, All full-time employees covered by this resolution shall accrue sick leave at the rate of one (1) eight (8) hour day per month of service. Sick leave may be accumulated up to and includmg 520 hours. Except as otherwIse provided in thiS resolution, no employee shall receIVe further accruals once the 520-hour maximum is reached. B. Employees who elected to retam sick leave balances pnor to convcrslOn to leave time provision in July 1, 1987: (1) May utilize those balances for Sick leave purposes Resolution NUmber s:i'B.L (2) Upon termination, shall be paid for the eXlstmg 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 leavcs of absence. SECTION 6. BEREAVEMENT LEAVE I The City agrees to provide forty hours (40) bereavement leave With pay ,for death m the immediate family. The bereavement leave shall not be chargeable to or accumulate 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-m-Iaw, father-m- 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 year's contmuous service as a full-time employee immediately preceding, shall be granted a vacation with pay of approximately 80 hours per year up to a maximum of approximately 160 hours per year. B. 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 160 hours per year. The vacation accrual schedule is effective the first payroll period of December, 1997, as follows: I Years Of Service Vacation Hours Earned Hourly Accrual Rate Per Pay Penod Maximum Vacation Earned 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 80 80 80 80 80 88 96 104 112 120 128 136 144 152 160 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 ehgible for paid vacations. D. Employees who have authorized leaves of absence Without pay shall not accumulate vacation credits or pay dunng said leave of absence. E. All full-time employees shall only be allowed to accrue a maximum of 240 hours of vacation. Once this maximum is reached, all further accruals w1l1 cease. Vacation accruals will recommence after the employee has taken vacation and the employee's I I I Resolution Number UBI .' accrued hours drop below the maximum, The maximum can only be exceeded with the approval of the City Manager in writmg. F. Employees are encouraged to use at least the amount of vacation hours earned each fiscal year. Those employees who have been credited with preexisting leave hours are expected to use a portion of the excess as leave tIme, in addition to the new vacation hours, each year unttl the maximum accrual is met. The City recogmzes that a number of long-term employees have accrued substantially more leave tIme than shorter-term employees, and that It wtll hkely take them sigmficantly longer to achieve the this goal. It is the intent of tIus 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, 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 vacal10n 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 hmited 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 or banked leave hours provided that the employee has taken an equal amount of vacation time offwithm that (fiscal) year. H. Employees covered by this resolutIOn shall cease accruing general leave effective the first payroll period in December, 1997. Previously earned time shall be usedl 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. SECTION 8. HOLIDAYS 1) All employees incumbent m position classificatIons listed in SectIon 18 shall be granted the following holidays with pay: New Year's Day (January I) Martin Luther King Day (3rd Monday In January) Washington's Birthday (Thrrd Monday In February) MemonaI Day (Last Monday In May) Independence Day (July 4) Labor Day (First Monday In September) Veteran's Day (November II) ThanksgIVIng Day (4th Thursday In November) Calendar Day Followmg ThanksgIVIng Day Christmas Eve (December 24) Christmas Day (December 25) I Floating Hohday A total of 12 holidays annually. Note: Floatmg holidays must be taken during the fiscal year m whIch they are granted. Floatmg holzdays may not be carried beyond the Item of the compensation resolutIon or mto a new fiscal year. Floatmg holidays must be approved by the applzcable department head or design,ate, SECTION 9. RETIREMENT SYSTEM A. The retirement program provided by the City shall consist of a depooIed Public Employee's Retirement System (PERS) plan, which includes the following proviSIOns: 1. Section 20024.2 2. Section 20862.9 3. Section 20930.0 One 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 pereent (7%) of the affected employees' base salary. Resolution Number ~ C, All employees incumbent m Lifeguard pOSition classifications lIsted m Section 18 shall participate in the 3% at 50 formula plan for Local Safety Members. D. The City shall provide PERS Section 21251.32 - 2%@ 55 for miscellaneous members. E. No later than February 1, 2004, the City will obtam an actuarial quotation for the 2.7% @ 55 Retirement Program. The actuarial quotation w1l1 be dlstnbuted to all affected employee organizations. The City will meet with all affected organizations to review the actuarial quotation, I F. The City agrees to obtam a quotation as to the cost of upgrading to the 1959 Fourth Level SUrviVOrs Benefit. The City will discuss the quotation with the AsSOCiation upon its receipt. SECTION 10. OVERTIME AND CALL OUT PAY A. Only employee's incumbent m position classifications listed m Section 18 as Confidential, SuperviSOry, or Professional and Technical 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 the hourly rate, Mmlmum "call out" time (when returning to work) shall be two (2) hours. C. Overtime will be computed by dividmg the employee's regular monthly salary by 173.3 to amve 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. PROVISIONAL APPOINTMENTS I 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 appomted, must perform the duties and assume the responsibilIties of the higher clasSIfication for 120 consecutive working hours and shall be paId accordmg to the step in the assigned salary range of the new position which is next higher than the salary received before the proVISional appointment. When necessary and in the best mterest of the City, the City Manager may provisionally assign an employee to a higher level of duty and responsibility than prOVided for m the employee's assigned claSSification which IS not otherwise a part of an adopted classification. In the case of such an assignment, the employee must perform the higher level of duties for 80 consecutive workmg hours; thereafter the employee shall receive additional compensation of 5% so long as the assignment is authonzed by the City Manager. SECTION 12. SENIORITY BONUS Employees who have achieved ten years of uninterrupted employment with the City shall receive a five percent (5%) increase m base salary effective on the lOth anniversary of their employment. Sworn police personnel are exempt from thiS section. I SECTION 13. AUTOMOBILES AND MILEAGE A. Officers and employees of the City, utilIzing their pnvately-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), B. If the City does not provide a City vehicle, then the incumbents m the position classification of Building Inspector shall be reimbursed at the rate of Four Hundred Dollars ($400) per month for the use of their privately owned automobiles for the Resolution Number .1JtB/ execution of their job duties on a regular basis. BUlldmg Inspectors who utilize private vehicles for City business may utilize, to a maximum of once per week, the City-assigned car wash for the purpose of washing their vehicles used for City business. SECTION 14. ADMINISTRATNELEAVE A. All incumbents in Confidential, Supervisory, and Professional and Technical posItion classifications shall be entitlcd to 2 (two) days of administrative leave dunng each fiscal year. I B. Administrative leave days may not be carried forward to succeeding years nor may they be turned in for cash value. SECTION 15. LIMITATIONS A. No employee who is eligible to receive workman's compensation is ehgible to receive overIappmg benefits (except life msurance) stated in this resolution. B. City shall not make any monthly payments for premiums for any insurance benefit listed in this resolution, or umform 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 tennmated for any reasons whatsoever or who is on leave of absence without pay of who is suspcnded from duties without pay. SECTION 16. DEFERRED COMPENSATION Effective July 1, 2003, the City shall contribute the amount of $40.00 per payroll period into a deferred compensatIOn program for each incumbent in the Confidential, Supervisory, or Professional and Technical position clasSifications. I SECTION 17. BILINGUAL COMPENSATION A. Upon the recommendation of a department director, the City Manager may award a bilingual compensation bonus of $52.50 per payroll period to those employees in positions determined to require bilingual skills. B. The City Manager shall require the taking of competency tests to certify the employee as eligible for bilingual compensatIOn based on the employee's proficiency in speaking the language determined to be reqUired. Such certification shall be a condition precedent to qualifymg for bilingual pay. SECTION 18. WORK SCHEDULE At the discretion of the City Manager, work schedules may be altered to include shifts of four nine-hour days each week and one additional eight-hour day on alternate weeks (9/80 plan) or four ten hour days (4/10 plan). SECTION 19. TUITION REIMBURSEMENT The City agrees to modify the existmg Tuition Reimbursement Program to provide for maximunl annual reimbursement of$I,500, I SECTION 20, PAY FOR PERFORMANCE PLAN Management will research a pay for performance ment plan with speCifically defined cnteria for eligibility under the plan for conSideration by employees for the next fiscal year contract. SECTION 21. SALARIES Salary ranges Will become effective as speCified in attached Exhibit B. Resolution NUmber ~~/ Effective the first pay period in July 2003, all unit member shall receIve a two (2%) percent across the board salary increase. SECTION 22. LEAVES OF ABSENCE Scction 1. Authorized Leave of Absence Without Pay A. 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 mterest of the City, for a penod not to exceed one-hundred eighty (180) working days per Government Code. I B. Upon wntten 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. C. At the expiral10n 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. D, During any authorized leave of absence Without pay, an employee shall not be eligible to accumulate or receIVe frmge benefits, except as specifically proVided for m this Memorandum of Undcrstanding, 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. Section 2. Bereavement Leave The City agrces 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. "Immediatc family" is defined as spouse, the father, mother, son, daughter, brother, sister, grandparents, grandchild, step-mother, step-father, mother-in-law, father-m-Iaw, domestic partner, or dependent relatives living with the employee. I Section 3. Military Leave of Absence A. Military lcave shall be granted m accordance With the provIsions of State law. All employees entitled to military leave shall give the Department Head an opportunity wlthm the hnuts of mihtary regulations to determine when such leave shall be taken, Whenever possible, the employee mvoIved shall nol1fy the Department Head of such leave request ten (10) working days in advance of the beginnmg of the leave. B. In addition to provision of State law, the City shall continue to provide eligible employees on mlhtary leave, the current health benefits (medical, dental, disability and life insurance and retirement (If applicable) for the first three (3) months of military Icave. During said penod, 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. SectIOn 4. Pregnancy Disability Leave of Absence A. An employee who is disabled due to pregnancy shall be granted a pregnancy disablhty leave as provided by the State of California and the Federal Family Medical Leave Act. The employee may elect to take a lesser period of leave. I B. Disabilities ansmg out of pregnancy shall be treated the same as other temporary dlsabllil1es m terms of eligibility for, or entitlement to, leave With or without pay Section 5. Family Leave Upon a demonstration of nced and subJect to the followmg condil1ons, an employee may take I I I Resolution Number ~~I' 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 defmed in Article XIV. A. Proof of the birth or adoption of a newborn infant or the senous illness/injury of the family member must be submitted to the City. B. Requests for family leave must be submitted in wntmg to the employee's supervisor at the earliest possible date preceding the time when the leave is to begin. C. Operational needs of the City shall be relevant m determinations regardIng the grantmg of family leave in accordance with the provisions of State and Federal Family Leave laws. D. In the event of an extended family leave, the employee may be required to penodlcally report on the status of the situation givmg rise to the leave. E, Family leave may be granted only upon the recommendation of the Department Head and approval of the City Manager consistent With the proviSions of State and Federal Family Leave laws. F, A maximum offour hundred (400) working hours offamily leave in any combmatlon of sick leave and unpaId leave may be taken during any two (2) year period unless a greater amount IS prescnbed by state or federal law. Section 6. Catastrophic Leave The purpose of the Catastrophic Leave Pool IS to enable full time employees to receive and donate vacation, administrative leave, and compensatory time off (CTO) leave credits on an hour for hour basiS to assist employees who have no leave and who will suffer a finanCial hardship due to prolonged illness or injury to themselves or a member of their immediate family. Sick Leave is excluded from this program, The following conditions shall apply to Catastrophic Leave: A. Catastrophic Leave will be available only to employees who have exhausted their own paId leave through bona fide serious illness or accident. B. The leave pool shall be admimstered by the Fmance Department. C, Employees must be in regular full-time appointed positions to be eligible for catastrophic leave. D. Employees receivmg Long-Term Disability payments are excluded from this program. E, All donatlons are to be confidential, between the donating employee and the Fmance Department. F. Employees donating to the pool must have forty (40) hours of paid leave aVaIlable after makmg a donation. G. Donatmg employees must sign an authonzation, mcIuding specifying the specific employee to be a recipient of the donation. H. Donations will be subject to applicable tax laws. I. The availability of Catastrophic Leave shall not delay or prevent the City from taking action to medically separate or disability retire an employee. J. Catastrophic Leave due to illness or mjury of an immediate family member, may require medical justification as evidenced by a PhYSICian's Statement that the presence of the employee is necessary. Resolution Number ~~~ SECTION 25 - RATIFICATION , This Memorandum ofUndcrstanding is subject to approval and adoption by the City Council and ratification of the requircd number of the duly authonzcd representatives of the Association. Following such approval and adoption, the Memorandum of Understanding shall be implemented by thc appropIiate resolution(s), ordinance(s), or other Wlitten action of the City Council. IN WITNESS HEREOF, the pmties have hercto caused tillS Memorandum of Understanding to be executed this 111h day of ~( ,2003, Cfry 0 . S oM ?SCH 1A~~ REPRESENTATIVE, JOHN . BAHORS , CITY MANAGER SEAl BEACH SUPERVISORS AND PROFESSIONAL EMPLOYEES REPRESENTATIVES: @.o..~ Pmnela Mon is, Plesident C'~- ".~ Carmcn Alvarez Kathlcen McGlynn I I I , , Resolution Number ~~I' EXHIBIT B The following salaries were effective the first payroll period in July, 2003: POSITION: SALARY RANGE I Ranee 1 2 3 4 5 Confidential: Secretary to City Manager 35D 3215 3376 3545 3722 3908 Deputy City Clerk 35C 3199 3359 3527 3703 3889 Secretary to Police Chief 31D 2912 3058 3211 3372 3541 Executive Secretary 290 2772 2911 3057 3210 3370 Accounting Technician 28A 2665 2798 2938 3085 3239 SUOervISOrv: Public Works Supervisor 44E 4035 4237 4449 4671 4905 Chief Water Operator 44E 4035 4237 4449 4671 4905 Equipment Supervisor 42D 3822 4013 4214 4425 4646 Recreation Supervisor 41D 3728 3914 4110 4316 4532 Professional and Technical Building Inspector 41D 3728 3914 4110 4316 4532 Senior Budding Inspector 45D 4115 4321 4537 4764 5002 Lifeguard Lieutenant 43D 3917 4113 4319 4535 4762 Public Works ASSistant 39A 3496 3671 3855 4048 4250 Marine Yearly Lifeguard 34A 3090 3245 3407 3577 3756 I I