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
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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:
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AYES:
Councilmember
NOES:
Councihnembers
ABSENT:
Councilmembers
"
~~,)~
Mayor /
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OJ. SEAL BEACH )
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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/
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SEAL BEACH SUPERVISORS & PROFESSIONAL
EMPLOYEES ASSOCIATION
MEMORANDUM OF UNDERSTANDING
FY 2003/04
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Resolution Number ~~
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SEAL BEACH
AND
THE SEAL BEACH SUPERVISORS & PROFESSIONAL
EMPLOYEE ASSOCIATION
SECTION 1 - RECOGNITION
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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. '
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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,
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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.
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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.
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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.
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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.
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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.
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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
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(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
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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:
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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
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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
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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.
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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,
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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