HomeMy WebLinkAboutCC Res 5137 2003-07-14
RESOLUTION NUMBER.::1I9 7
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 TI-IE ORANGE COUNTY
EMPLOYEES' ASSOCIATION AND REPEALING ALL
RESOLUTIONS IN CONFLICT THEREWITH
WHEREAS, the Government Code of the State of California prescribes a procedure for
resolving matters regarding 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
Orange County Employees' Association (OCEA) for the purposes of
discussing said terms and conditions of employment; and
WHEREAS, the City of Scal Beach and the Orange County Employees' Association
have reached an agreement regarding 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 Orange County
Employees AssociatIOn and the City of Seal Beach for wages and benefits for July I,
2003 - June 30, 2004 .
NOES: Council Members
OPTED by the City Council of the CIty of Seal
2003 by the followm vote:
PASSED, /.v~VED NO
Beach this ay of
AYES:
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ABSENT: Council Members
--jJ~~~ d 1-~-
Mayor
ST ATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
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I, Joarme M, Yeo, City Clerk of the City of Seal Beach, Cahfornia, do hereby certify that
the foregomg Resolution is the original copy of Resolution Numbe~~ 7 on file in the
office of the CIty Clerk, passed, approved, l1I}~AJJopted by t e ity~ of the City of
Seal Beach at a meetmg thereof held on the~ day of 2003,
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Adopted by Resolution No. 5137
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EXHIBIT A
MEMORANDUM OF UNDERSTANDING
ORANGE COUNTY EMPLOYEES ASSOCIATION
FY 2003/04
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EXHIBIT A
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SEAL BEACH
AND ORANGE COUNT EMPLOYEES ASSOCIATION
ARTlr.T.R I RRr.OGNmON
~ection J. Pursuanl to the provisions of Employee-Employer Relalions Oldinance Number I
769, as amended, the City of Seal Beach (heremafter called the "City" and/or "Employer"
intelchangeably) has recognized for the purpose of this Memorandum of Un del' standing, the Seal
Beach Chapter of the Olange County Employees Association, an association of employees of the
City of Seal Beach, hereinafter refelTed to as "Association" representing all full-time non-safety
employees of the City except those employees detennined to be professional, confidential,
administrative, management and certain specified supervisory employees; and
~eclion 1, TIle City recognizes the Association as tile representative of the employees in lhe
claSSIfication and assigmnents set fOlth in Section I above for the purpose of meeting its
obligations under tllis MemOlandum of Understanding, the Meyer-Milias-Brown Act, Govemment
Code Section 3500 et seq., when City Rules, Regulations or laws affecting wages, hours and/or
other lelms and conditions of employment are amcnded or changed,
Secl10n 1. TIle City agrees that tile recogilized representatives of Association not exceed four
(4) III number and shall be entitled to meet and confer with City dllring said recognized
lepresentatives' nOlmal working hours without suffering any loss in pay while absent fium the
duties fOl such purpose, providing that such time shall not exceed two hours in anyone week unless
agreed to by City. CIty also agrees that such representatives may utilize not more than one hour per
month or twelve hours per year without suffeling 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,
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~ection 4. City shall provide a bulletin board in each of lIIe following locations: Corporation
Yard, Administration Building, Police Department. Such bulletin boards to be available for the
purpose of posting notices pertaining to Association business only, Association shall not use any
otller bulletin board within City facilities,
Section..5, City recognizes Association's light to appoint or elect lepresentatives 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 identify of the replesentatives
and of subsequent appointments, if any. Association and City agree that employees appol1lted or
elected as Association representatives shall be required to work ful\ time.
~ection Ii, It is recognized and agi-eed 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
unlcss specified herein.
~f'.clion 7, Representatives and/or officers of Association shall not interrupt the WOlk of any
employee of City at any time to conduct business or other matters coooected with Association
without pdor consent of Management.
~f'.clion R, DLlling the telm of this Memorandum of Understanding, the City shall provide to
OCEA, upon receipt of a written request, a listing of all cUIl-ent employees in this umt not I
exceeding twice per year, Such listing shall include employee name and job classification. OCEA
agrees to pay necessary costs to provide such lists.
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Sl:l:ti0n.2. This Memorandum of Understanding shalI be effective by and between
Management and Association upon execution by Management and the required number ofthe duly
authorized recognized representatives of ASSOCiation,
ARTICI.R II mIR~ AND BENRFIT ORmIr.rrON~
~ection 1,
Payroll Oetl"ction~
The City shall not be required to make payrolI deductions for any other items or reasons except as
specified in this Memorandum of Understanding. 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 fi'llm employee of any change or modification in
any payrolI deduction authorized in thiS section of this Memorandum of Understanding. Said
notice may be required at least ten (10) days prior to the effective date of said requested
modification or change, Management agrees that payrolI deductions are aullIorized for purposes of
any employee depositing funds or making payments directly to a federal credit union proViding that
any deduction shall not be less lIIan five dollars ($5,00) on a monthly basis, or two dollars and fifty
cents ($2.50) If semi-monthly deductions for sucl1 purpose as authorized by Management.
~ection 1,
Rmployee Association 0"".
City agrees to deduct regular montlIly Association dues fi'llm salary or wages of any Association
member when authorized to do so by said City employee in wntlng in a form satisfactory to City
and to remit such deductions to Association within (IS) days after making such deduction fi'llm 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,
~ection 3.
Indemnification
The Association agrees to hold the City harmless and indemnify lIIe City against any claims, causes
of actions, or lawsuits arismg out of the deductions or transmittal of such funds to the Association,
except the intentional failure of lIIe City to transmit to the Association monies deducted fi'llm the
employees pursuant to this Article,
ARTICLR III CITY RTGHT~
~ection I.
R ig}llslR esponsihiliti".
This City reserves, retains and IS vested willI solely and exclusively, all rights of Management
which have not been expressly abridged by specific proVisions of this Memorandum of
Understanding or by law to manage the City, as such rights existed prior to the execution of this
Memorandum of Understanding. 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 folIowing rights:
A, To manage the City generally and to determine the issues of policy,
B. To determine the existence or nonexistence of facts which are the basis of the Management
decision,
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, rneans and technology and extent of services to be provided
to the public.
E, To deternnne methods of financing.
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F. To detennine types of equipment or technology to be used.
G. To determine and/or change the faclhties, 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 determme 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.
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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 assi!,'11ments upon
reasonable notice insofar as such changes do not conflict with previous Memorandums of
Understandmg.
1. To layoff employees from duties because oflack of work or funds, or under conditions where
contmued work would be ineffective or non-productive.
K. To estabhsh and modify productivity and performance programs and standards.
L. To discharge, suspend, demote, reprimand, withhold salary increases and benefits, or
otherwise disciphne employees for cause.
M. To detennine minimum qualifications, skills abilities, knowledge, selection procedures and
standards, job classifications and to reclassify employees in accordance with this
Mcmorandum of Understanding and applicable resolution and codes of the City.
N. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance
with the Memorandum of Understanding and applicable resolution and codes of the City.
O. To detelmine policies, procedures and standards for selection, training and promotion of I
employees in accordance With this Memorandum of Understanding and apphcable resolution
and codes of the City.
P. To establish reasonable employee performance standards includmg but not limited to, quality
and quantity standards and to require compliance therewllh.
Q. To maintain order and efficiency in its facilities and operation.
R. To establish and promulgate and/or modify rules and regulations to maintam ordcr and safety
and which are not in contravention with the Agreement.
S. To restrict the activity of an employee organization on municipal property and on municipal
time except as set forth in thiS Memorandum of Understand mg.
T. To take any and all necessary action to carry out the mission oCthe Agency in emergencies
Section 2. 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 nghts IS prOVided for in this Memorandum of Understanding.
ARTIC.l.R IV - NON-D1SC.RIMINATION
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Section 1. 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,
political or rcligious opinions or affihations. The City and the Association shall reopen any
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provisIOn of this Memorandum of Understanding 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 Memorandum of Understanding in compliance with State or
Federal anti-discrimination laws.
Section 2. Whenever the masculine gender is used in this Memorandum of Understanding, it
shall be understood to includc the feminine gender.
A R TlC.1 .R V - C.OMPRNS A TlON PI .A N
Section I
Basic c.ompensatton Plan
A. All employees covered by this Memorandum of Understanding 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.
B The first step is a minimum rate and is nonnally the hiring rate for the classification. An
employee may be assigned, upon appointlnent, 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 oCthe City.
C. The second step, B step, is a merit adjustlnent 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.
D. The third, fourth and fifth steps are merit adjustments to encourage an employee to improve
his work and to recogmze increased skill on the job. Employees are normally eligible for these
adjustlnents at any time after the completion of one (I) year of service ~t the preceding step. Each
adJustlnent shall be made subject to the recommendahon of the Department Head and with the
approval of the City Manager.
Section 2.
AdvanC'"""enl within Salal}' Ranges
A. In order to properly compensate an employee, advancement in salary shall be based on merit.
B. Advancement in salary shall not be automatic, but shall depend upon increased service value
of the employee to the City.
C. The Dcparl1nent Head and/or the employee's immediate supervisor shall be responsible to
evaluate employees fairly in an unbiased fashion for the determination of job performance.
Advancement shall be made only upon recommendation of the Deparl1nent Head with the approval
of the City Manager.
D. An cmployee must be reviewed at least once every twelve (12) months from the effective date
of his last performance step increase, special performance advancement or promotion. Nothing
contained herein shall restrict the Department Head from denying the increase after evaluation, nor
shall it prevent him from recommending a special performance advancement in salary at any time
when unusual or outstanding achievement has been demonstrated.
Section J.
Salary Incr.."'s....
A. PromotIOnal Appointlnent - When an employee is promoted to a pOSition with a higher salary
range, the employee shall be compensated at a step of the salary range assigned to the new position
that is closest to providing a 5% salary increase over the base salary received immediately prior to
promotion
B. Temporary Appointlnent - 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 120
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consecutive workmg hours shall be entitled to move-up pay. In addition, employees who are
assigned by the deparl1nent director in writing to regularly scheduled acting assignments of less
than 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 step ofthe higher
classification but III no event shall move-up pay be less than five percent (5%) more of the
employee's current rate
Sedion 4.
Sa I al}' Decreases
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In the case of a demotion of any employec 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 Deparlinent Head with the approval of the CIty Manager.
The employee shall retain his previous anniversary date.
Section 'i.
Acljllstments ofSalal}' Rangl's
When a salary range for a given classification is revised upward or downward, the incumbent.~ of
positions and clasSifications affected shall have their existing salary adjusted to the same relative
step in the new salary range and thcir aIUllversary date shall not be changed.
Section 6.
Salary and Benefits on SlIspMlsion
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 dunng
the period of suspension.
Section 7.
Salal}' AdJusttmmts Duling Tenn of Memorandum of
llndcrstanding
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A. The salary schedule for each position classification affected is hereby dctennined and
established as indicated by Attachtnent A to be paid in accordance with the salary range schedule
adopted by City Council, and shall become effective the date as specified in Attachtnent A.
B. If the management representative is of the sole opinion that recruitment, retention or other
reasons necessitate other upward salary adjustlnents, 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.
0. It is understood and agreed that agreed-upon employees may be classified as confi4ential or
supervisory employees.
D; For any and all position classifications not listed in this section, said classifications not having
personnel employed by City, salary adJusbnent, if any, may be recommended by Managemcnt
without further consultation or approval of Association.
ARTlC.I.E VI SPFC.IAI. PAY PROVISIONS
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Section I.
Automohiles ann 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).
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Section 2.
Maintenance Worker Melit Program
Under the provisions of this program, all Maintenance Worker I employees will become eligible to
"promote" to the classificalton of Maintenance Worker II providing the folIowing conditions have
been met:
I) The employee must have reached "E" step in the classification of Mamtenance
Worker I.
2)
The employee must have served in the capacity of Maintenance worker I "E" step
for a minintum period of twelve months.
3) Employee must have been rated satisfactory on most recent performance evaluation.
Any vacancies in the Maintenance Worker I or II work force will be recruited at the Maintenance
Worker I level.
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Seni01;ly 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 10lh anniversary of their employment.
Section 4.
Standl1y c.ompensahon
A. I. Standby Compensation - Animal Control
Animal Control officers on standby assignment shall be compensated at a rate of eight
hours straight time pay and eight hours of compensatory time earned per month.
B. I. Standby Compensation - Utilities Division:
Each employee of the Utilities Division (Water, Sewer) who is assigned by the Water
Superintendent to standby duty Will be compensated for onc (I) hour of overtime pay each
weekday of duty and five (5) hours of overtime on Saturday or Sunday or holidays. The
assigmnent to standby duty will be rotated among all water division personnel and other
department personnel possessing the proper water operators certification and has a
familiarity with the water and sewer system.
2. No compensation will be provided 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.
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
mallltenance employec cannot be contacted during non-utility related emergency, the person
assigned to standby duty will be expected to respond upon noti fication.
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 activlltes
to the extent that they remam within twenty (20) minutes driving time of the City of Seal
Beach at all times. In addition, standby personnel wllI be required to have in their
possession a current roster listing each employee in the Utility Division with their telephone
number.
Scction 'i.
Shift Differl:ll1ial
City agrees that employees in the Public Works Deparl1nent 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 lor time worked during
that period.
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Section 6.
Traffic Signal TechnicIan Pay
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 Fifteen Dollars ($15.00) per payroll period.
Section 7
C.lass AIR I.icense Pay
Each full-time employee 111 the Public Works Department required by the City to maintain a Class
A or B hcense for the performance of their work, will be entitled to received Fifteen Dollars
($15.00) 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.
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Section R
Training Program
A. Required Training - An employee who is required by his or her Department Head to
attend a specified off-duty traimng course, shall, upon submission of receipts, receive
reimbursement for the following: transportation cost where appropriate, cost of books, course
registration and rclated cxpenses directly necessary for the successful completion of the course.
n. Desirable Training - Desirable training is defined as an off-duty instruction that wtll be
mutually and immediately beneficial to the employee and the City. Prior to enrolling in a class for
desira*ble traimng, an employee wishing reimbursement for his or her expenses shall obtam 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.
In the cvent 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 Personncl Office. I
Upon approval by the City Manager, the employee shall then be reimbursed for the cost of tuition
and books 111 accordance with t1te tuition reimbursement policy adopted by the CIty.
C. Training Conferences and Seminars - Approval for employees attending conferences
and seminars is at the sole discretion of tile Department Head and the City Manager. Prior to
emulling in a seminar or conference, an employcc 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 admlllistrabve training and per diem policy.
Section 9.
I Iniforms & Equipmentll Iniform Allowance
A. Public Works Deparl1nent Employees
Each employee of the Department of Public Works, except clerical, engineenng and related
c1assllicatIons liS detelmined by the City Manager, shall be entitled to uniform service. The City
shall pay the total cost ofrentmg and laundering unifonns (designated by the Deparl1nent Head) for
each ehgtble employee.
B 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 ($20.00) per I
payroll period. In addition, new employees of non-sworn status in the Police Department shall
receive initial unifonlls as determined by the Chief of Police. Each non-sworn employee of the
Police Department, including the classifications of Typist Clerk, and Secretary NOT required to
wear a unifonn 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
$20 00 per payroll period unifonn allowance shall be reinstated
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C. Safety Shoes - City agrees to provide acceptable safety shoes at current market prices for
authorized employees of the Public Works Deparl1nent.
D. 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.
1. The City shall establish a Safety Committee to review and recommend safety
procedures.
Section 10. Water Tre>lttnentlWater Disl1ihlltion Pay
Water TreatlnentlWater Dlstnbution Pay - Each Public Works Employee in the classification of
Senior Water Utility Operator or Water Utility Operator who has received a Grade III Water
Treatlnent Operator Certificate from the California Deparl1nent of Health Services or Grade III
Water Distribution Operator Certificate from the American Water Works Association will be
entitled to receive Fifteen Dollars ($15.00) per payroll period.
Section 11 Deferr...cI c.ompensation Prngram
The City shall contribute $10 per pay period into a deferred compensation program for eligible
employees.
ARTIc.r.E VII FRINGE RENEFIT ADMINISTRATION
Section 1.
Administration
The City reserves the right to select, change, administer or fund any mnge benefit programs
involving insurance that now exists or may exist in the future during the tenn of this Memorandum
of Understanding.
Section 2.
Selection and Funding
In the administration of fringe benefit programs involving insurance, the City shall have t1te right to
select any Illsurance carrier or other method providing coverage to fund the benefits provided
hereinafter dunng the term of this Memorandum of Understanding
Section J.
C.hanges
ProVided, however, that t1te City shall notify the Associal1on pnor to any change of insurance
carrier or method of funding coverage for any fringe benefits provided hereinafter during the term
of this Memorandwn of Understanding. 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 ofthe carrier or plan in effect from time to time. Within the tenn of this agreement, the
City may provide alternative health plans.
ARTrc.r.E VIIl HEALTH, DENTAL, l.TFE & mSARIT.TTY JN~lJRANC.E
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Coverage - Health Insurance
A. The City shall provide for ehgible employces a group hospital, medical and dental
insurance plan.
B. The City shall contribute to the cost of each medicaVdentaI plan for each eligible
employee and their dependents, up to thc following amounts:
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Effective January I, 2003, the City shalI contribute to the cost of each
medical/dental plan for each ehgible employee and their dependents, up to the folIowing amounts:
For smgle employees
For employee and I dependent
For employee and 2 or more dependents
$333/month
$550/month
$720/month
Effective January 1, 2004, the City shall contribute to the cost of each
medlcalldental plan for each eligible employee and their dependents, up to the folIowing amounts:
For single employees
For employee and 1 dependent
For employee and 2 or more dependents
$400/month
$660/month
$865/month
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Employees enrolled in the plan are reqUired to pay any premium amounts in excess of the above
City contl1bulion. Such amounts will be deducted from the affected employee's payrolI check on
the first two pay periods for each month.
A portion of the cafetetia plan, $l6 per month per employee, is identified as the medical
contribution is paid by the City of Seal Beach to the Public Employees Retirement System Health
Program premium on behalf of the employee. SB 1464 became effective January I, 2003 and
incrementally increases the minimum employer contribution for agencies participating in the Public
Employees Medical and Hospital Care Act fium $16 per month per employee/retiree to a maximum
0[$97 per month by year 2008.
C. The City shalI not change medicalldentalmsurance plans during the tenn of thiS agreement
without first meetlllg and conferring on tile proposed change.
D. Employees who elect to waive enrolIment in medical and dental coverage may receive $250
per month (upon showing proof of health insurance coverage under an alternative plan.) Election I
forms are available in the Personnel Office.
E Part-time, seasonal, provisional and/or hourly employees shaIl not be eligible for
participation in this program.
F. No person who is eligible to receive Worker's Compensation benefits IS eligible to receive
benefits from the City's group medical insurance
G FuIl-time employees of the City who have completed thirty (30) days of uninterrupted service
shall be enroIled III this Illsurance program on the first day of the next succeeding month.
H. Employees who change classification from fulI-time to part-lime provisional, hourly or
seasonal shall not be eligible for this benefit.
J. City shalI 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 shalI pay premiums for employees
receiving temporary payments from Worker's Compensation Insurance.
Section 2
Retirement Health Insnrance
A. Employees covered by this agreement have the option, upon retirement, to continue I
participation in the City's health insurance program at the retiree's expense
B. AII fulI-time employees with 20 or more combined years of employment with the City
shaIl, upon retirement, be provided with individual health insurance coverage. If said employee
has 30 or more combmed years of employment with the City upon retirement, eligible dependent
health insurance coverage shalI also be provided. The City shalI contribute to the cost of the
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selected coverage consistent with the appropriate level as specified in Article VIII, Section 18 of
this Memorandum of Understanding.
C. In all cases, the City's contribution for eligible dependent coverage for retirees shall
tenninate with the death of the retiree.
Section 'I.
I.ife 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 Associalton, a double indemnity accidental death benefit, and a dependent death
benefit in the amount of One Thousand Dollars ($1,000) per dependent. Swd 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.
~ection 4
Disahility 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 Percent (66.67%) of the
employee's monthly salary, up to a maximum of Five Thousand Dollars ($5,000) per month, for a
penod oftime not to exceed the length ofinjury or iIlness, up to the age of 65. Said Illsurance 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.
Section 'i. Premium Only Plan (POP) - The City will provide a Premium Only Plan (POP) for
health and dental benefits. The plan wiIl allow for premium payments for premium payments for
medIcal and dental insurance coverage to be made before taxes (non-taxable) through salary
reduction.
ARTIC.I.E IX
RETIREMENT
The retirement program provided by the City shall consist of a depooled PERS plan which
includes the following Govemment Code provisions:
A. Seclton 20042
B. Section 20965
C. Seetion 21024
D. Seelton21573
E. Section 21251.32
One Year final compensation (Single Highest Year).
Credit for unused Sick leave.
Military Service Credit.
3n1 Level of 1959 Survivor Benefits
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.
ARTlC.T.E X HOIIRS OF WORK
A Prior to implementing a change in work schedule for the Pubhc Works Deparl1nent from the
four 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 deparl1nent head: Secretary and Account Clerk, Police Records
Techttictan, Animal Control Officer and Community Services Officer positions may be scheduled
in shifts of four nine-hour days each week and one additional eight-hour day on alternate weeks,
referred to as the 9/80 plan, or may be scheduled in shifts of four ten-hour days each week, referred
to as the 4/10 plan. The Animal Control Officer may be scheduled in shifts of five eight-hour days,
referred to as 5/8 plan. Additionally, other non-swom positions may be scheduled on the 5/8 plan
to accommodate training sessions. At the diseretion of the deparl1nent head, Public Works Beach
Division employees may be scheduled on a 5/8 work shift from May through September.
Resolution Number ~/~j7
C. All General Unit Orange County Employees Association members shall be granted one-half
(112) hour paid release time to attend quarterly AssoCiation meetings and two additional one-half
(112) hours for mectings to be called at the discretion of the Association. Such release lime shall be
taken in conjunction with the employees regularly scheduled lunch and shall be approved only after
a mmimum often (10) days notice has been gIVen to the City.
ARTIC.I.E XI OVERTIME
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Section I.
Overtimp. and C.all-01lt Pay
A. If work beyond nonnal workday, workweek or work period IS required, the employee who
may be asked to perform such overtime shall be nolified of the apparent need for such overtime as
soon as practicable prior to when the overtime IS expected to begin.
B. 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.
C. Call out and overtime pay shall be paid at the rate of time and one-half the hourly rate.
Minimum "call out" time (when returning to work) shall be two (2) hours.
D. 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.
E. Notwtthstanding any proviSion of this Section, employee shall be entitled to select eitller
compensated overtime or compensatory time off subject to budget hmitations and departmental
rules and regulations.
F. Non-sworn Police Deparl1nent enlployees will be paid, with the first pay penod in December, I
for any comp time hours in excess of 160 at that time. Compensation will be at the employee's
current rate.
Section?
C.olll1 Time
A. All eligible employees called for a subpoenaed court appearance which arises our of the
course of employment and not contiguous with the employee's work shift shall be compensated for
a mmimum of two-and-two-thirds (2-2/3) hours at the rate of one and one-half( 1-1/2) times the
employee's regular hourly rate of pay. Should the appearance exceed two and two-thirds hours, tile
employee shall receive pay for the actual appearance time, excluded court designated lunch period,
at the rate of one and one-half times the employee's regular hourly rate of pay. Conrt appearance
time shall begin when the employee departments from the Police Station to go directly to court.
B. Any appearance that is contiguous with a regular work shift is not subject to the two and two-
thirds minimum.
C. All employees agree to comply with "on-call" policies administered by their department.
Should an ehgible employee be placed "on-call" during off duty hours for court appearance(s), he
shall be granted two hours pay at the employee's straight time hourly rate for any on call time prior I
to 12.00 noon and two hours for all on call time after the hour of 12:00 noon.
A RTlC.I.E XII HOI.mA YS
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 safcty membcrs of the Public Employees' Retirement System, shall be granted the
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Resolution Number ~~~
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following holidays with pay:
New Year's Day (January I)
Martin Luther King Jr. Birthday (3rd Monday in January)
Washlllgton's Birthday (Third Monday in February)
Memonal Day (Last Monday in May)
Independence Day (July 4)
Labor Day (First Monday in September)
Veteran's Day (November II)
Thanksgiving Day (Fourth Thursday in November)
The Calendar Day followmg Thanksgiving Day
Chnstlnas Eve (December 24)
Christmas Day (December 25)
ONE (I) FLOATING HOLIDAY'"
A total of 12 holidays annually.
"'The floating holiday must be taken during each fiscal year (July 1st through June 30th). Floating
holidays may not be carried forward beyond the tenn of this agreement. Floating holidays must be
approved by the department head.
B. When a hohday 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.
C. When a hohday falls on a full-time employees regularly scheduled day off, the employee shall
receive either the previous or following day off or compensatory time, in keeplllg with other
provisions of this MOU, subject to discretion ofDeparl1nent Head.
D. An employee who IS required to work on a holiday, shall receive pay computed at one and
one-half (1-1/2) 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.
E. Hohdays winch fall during an employees' leave time shall not be charged against the
employees' leave time balance.
ARTIC.I.R XIII SIC.K I.EAVE
A. All full-time employees covered by this resolution shall accrue sick leave at the rate of one
(I) eight (8) hour day per month of service. Sick leave may be accumulated up to and including
520 hours. Except as otherwise provided III this resolution, no employee shall receive further
accruals once the 520 hour maximum is reached.
B. The Department Head may require employees to present proof of illness for sick leaves in
excess of three (3) worklllg days.
C. Employees who elected to retain sick leave balances pnor to conversion to the leave time
provision on July I, 1987:
I) May uhhze those balances for sick leave purposes.
2) Upon termination, shall be paid for the eXisting sick leave balance at one quarter
(25%) of the employee's then applicablc base rate of pay.
D. Except as otherwise proVided, employees shall not be eligible for any payment for sick
leave balances upon tennination.
E. Employees who are on leaves of absence, Without pay, shall not accrue sick leave hours
during said leaves of absence.
Resolution Number ~
F. Sick leave balances may not be used to defer a disability retirement.
ARTlC.I.E XIV V AC.ATION TIME
A. All full-time employees covered by this resolution, who shall have alleast one year's
continuous service as a full-time employee immediately preceding, shall be granted a vacalion
with pay of approximately 80 hours per year up to a maximum of approximately 160 hours per
year. I
B. All full-time employees, who shall have at least five years of continuous service, shall be
enlttIed 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 as follows:
Maximum
Years Vacation Hourly Accrual Annual Maximum
Service Hours Rate /Pay Period Vacation Vacation
Earned Bi-Weekly Hour Accrual
I 80 3.0769 80 160
2 80 3.0769 80 160
3 80 3 0769 80 160
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 I
II 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 of240 hours of
vacation as set forth above. Once this maximwn 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 eredited 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 accllled
substantially more leave time than shorter-tenn 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 I
interesls ofthe employee with the financial concerns ofthe City; as such, significant progress
toward reaching the maximum accrual amounts may be deemed a success.
F. 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
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Resolution
Number ~~ J
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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 ofthe deparbnental 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 111 each fiscal year, an employee who has completed at least one (I) year of
continuous SerVIce shall, upon request, recetve compensation for up to fifty (50) hours of accrued
vacation time provided that the employee has taken an equal mnount of vacation time off within
that fiscal year.
H. Employees covered by this resolution shall have ceased accrul11g general leave. 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.
A RTlC.LE XV LEAVES OF A RSENC.E
Section 1. Authori7.M I.eave of Ahsence Without Pay
A. Upon the Department Head's recommendation and approval of the City M~nager, 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.
B. 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.
C. 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 noltce 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 frl11ge benefits, except as specifically provided for in this Memorandum of
Understanding, except that the City shall contribute to an employee's medical and dental healtll
plan, disahility I11surance plan, life insurance plan for the first thirty (30) days of leave of absence.
Section? .
Rerf".Rvement I .eave
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 or dependent relatives llVlng with
the employee.
Section J.
Milital}' I.eave of Ahsence
A. Military leavc shall be granted in accordance with the provisions of State law. All employees
entitled to military leave shall give the Department Head an opportunity withl11 the limits of
mihtary regulations to detennine when such leave shall be taken. Whenever possible, the employee
involved shall noltfy the Deparl1nent Head of such leave request ten (IO) working days in advance
of the beginning of the leave.
B. 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 hfe insurance and
retirement (If applicable) for the first three (3) months of military leave. 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 etnployee may continue said benefits at his
cost.
Resolution Nwnber ~
Section 4.
Pn:gnan<:>, Disability I.eave of Absence
A. An employee who is disabled due to pregnancy shall be granted a pregnancy disability leave
as provided by the State of Califonua and the Federal Family Medical Leave Act. The employee
may elect to take a lesser period ofIeave.
B. 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.
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Section 'i.
FamIly I.eave
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 adoplton, or to care for
a seriously ill or injured member of the employees "immediate family" as defined in ArtIcle XIV,
Section 2. Bereavement Leave.
A. Proof of the birth or adoption of a newborn infant or the serious ilInesslinjury of the family
member must be submitted to the City.
B. 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.
C. Operational needs of t1te City shall be relevant in detenmnations regarding the granting of
family leave in accordance with the provisions of State and Federal Famtly Leave laws.
D. In the event of an extended family leave, the employee may be required to periodically report
on t1te status of the situation giving rise to the leave.
E. Family leave may be granted only upon the recommendation of the Department Head and I
approval of the City Manager consistent with the provisions of State and Federal Family Leave
laws.
F. 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.
Seclion 6.
c.atastrophlc I.eave
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 wtll 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.
TIle following conditions shall apply to Catastrophic Leave:
A. Catastrophic Leave wilI be available only to employees who have exhausted their own paid
leave through bona fide serious ilIness or accident.
B The leave pool shall be admimstered by the Finance Deparlinent.
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C. Employees must be in regular full-time appointed positions to be eligible for catastrophic
leave.
D. Employees receiving Long-Ternl Disability payments are excluded from this program.
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Resolution Nwnber ~.$ 7
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E. All donations are to be confidential, between the donating employee and the Finance
Deparl1nent.
F. Employees donating to the pool must have torty (40) hours of paid leave available after
making a donation.
G. Donating employees must sign an authorization, including specifying the specific employee to
be a recipient of the donation.
H Donations will be subject to applicable tax laws.
1. The availabIlity of Catastrophic Leave shall not delay or prevent the City from taking action to
medically separate or disability retire an cmployee.
1. Catastl'Ophic 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.
K. Catastrophic Leave due to the ilhtess or injury of the employee will require medical
justtfication as evidenced by a PhYSician's Statement as to the employee's condition.
A RTIC.I.E XVI
Inl}' Duty
Section I c.ompensation for lul}' Duty
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 snnilar auxihary allowance shall not be considered as a fee and shall be
retumed to the employee by the Finance Deparl1nent.
B. If the sum of the employee's jury duty responsibilities is less than a full work day, the
employee shall contact his supefVlsor as to the feasibility ofretuming 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.
ARTIC.I.E XVII - PRORATlONARY PERIODS
Section 1. Appointment Following Pmhation Peliod
A. The original appointlnent and promotional appointlnent of employees shall be tentative and
subject to a probationary period of six (6) months of service.
B. 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 Deparl1nent Head
and the probationer concerned no-less-than two weeks pnor to the tenrunation of any probationary
period.
C. If the service of a probationary employee has been satisfactory, the Deparl1nent Head shall
file with the Personnel Office a statement, in wnting, 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.
Resolution Number 5;~ 1
Section 2 Ohjective ofPmbational}' Peliod
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 effeetive adjustlnent of a new
employee to his position, and for rejecting any probationary employee whose performance does not
meet the required standards of work.
Section J Emp1'1Yee PerformanC'R. Appraisal
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A. Each probationary employee shall have his perfonnance evaluated at the end of each three
(3) months of service or at a more frequent interval when deemed necessary by the Deparl1nent
Head. Permanent employees shall have their perfonnance evaluated annually or at more frequent
intervals when deemed necessary by the Department Head. Such evaluatton shall be reported in
writing and in the fonn approved by the Personnel Office.
B. The written appraisal report of an employee's perfonnance evaluation shall be filed in
triplicate, the otiginal 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.
Section 4 R..Jection ofPmhational}' Emp1'1Yee
A During the probationary penod 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 ofrejeclton, in wntmg, shall be served on the probationary employee and a copy filed
with the Personnel Office. A termination intefVlew may be conducted with each rejected
probationer.
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B. An exception will be applied where the probationary employee's job tennination or
dismissal is based on charges of misconduct which stignlatizes his reputation or seriously impairs
his oPp011unity to earn 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 Rules and Regulations.
ARTlC.I.EXVlII I.AYOFFPROc.EmJRES
The appointing authority may layoff employees or demote employees in lieu of layoff subject to
Rule XII- TERMfNATION PROCEDURES of the City's Personnel Rules.
Notwithstanding Rule XII of the City of Seal Beach Personnel Rules, the City agrees to replace
Section 2(c) of Rule XII with the following:
Whenever seniority is equal, the seniority of the employee shall be determined first by
examil11ng continuous service witJtin the affected classification and if not determinattve,
tllen by position on the employment list.
ARTICl.E XIX SAFETY C.OMMITTFE PROORAM
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A City-wide Safety Committee Program will be implenlented; an employee representing each
department will participate and Will meet on a quarterly basis.
ARTlC.I.E XX - DROO & SIJRSTANC.E ABUSE POl.lc.Y FOR C.OMMERc.JAI. DRlVER"S
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Resolution Number ~~;1
I.JC.ENSE HOT DERS
Anti-Drug & Alcohol Policy
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 oftheu
employment, or employees who perfonn 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.
This policy reflects the City's compliance with t1te applicable Federal laws in conjunction witll a
commitlnent to provide a safe environment for its employees and the public ahke. Only covered
employee positions and covered employees perfonning safety sensitive fi.mctions are expected to
comply with this pohcy. By implementing this policy, the goal is to ensure a drug and alcohol-
free transportation enviromnent and to reduce accidents, injuries and fatalities.
ARTlC.I.E XXI - ENTIRE MEMORANDIIM OF I1NDERSTANDING
S...ction 1. Merger ofNegottations
This Memorandum of Understanding represents the full and complete understanding of every kmd
or nature whatsoever between the parties hereto and all preliminary negotiations and previous
Memorandums of Understanding of whatsoever kind of nature are merged herein.
Section? Notwithstanding the provision of Section I., there exists within the City certain
personnel rules and regulations and deparlinent rules and regulations. To the extent that this
Memorandum of Understanding does not specifically contradict these personnel rules and
regulations or deparlinent 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.
Section 1 Except as provided herein, other terms and conditions of employment, oral or written,.
express or implied, that are presently enjoyed by employees represented by the Association shall
remam in full force and effect during the enltre term of this Memorandum ofUnderstandmg unless
mutually agreed to the contrary by both parties hereto.
Section 4. Separahlhty
If any provision of the Memorandum of Understanding or the application of such provision to any
person or circU1nstance 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.
ARTlC.T.E XXII-TERM OF MEMORANDIIM OF TINDERSTANDING
This Memorandum of Understanding shall remain in full force and effect from July 1,2003 until
midnight, June 30, 2004.
ARTlC.J.E XXIII - FMERGENC.Y WAIVER PROVISION
In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, civil
disorder, national emergency, or similar ClfCumStances, 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.
Resolution Number ~
ARTlC.I.E XXIV - RATIFIC.ATlON
This Memorandum of Understanding is subject to approval and adoption by the City Council and
ratification of the required number of the duly authonzed representatives of the Association.
Following such approval and adoption, the Memorandum of Understanding shall be implemented
by the appropriate resolutlons(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 day of ,2003.
CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVE
JOHN B. BAHORSKI, CITY MANAGER
SEAL BEACH EMPLOYEES ASSOCIATION REPRESENTATIVES:
Larry Lykins, Orange County Employee Relations Coordinator
Michael U ggla
William Moran
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Resolution Nwnber .5i$1
Attachment A
1. Effective the first payroll period of January, 2002, a 2% cost of living adjustment was
given to all positions listed below:
Range A B C D E
I Account Clerk 23E 2404 2524 2650 2782 2921
Petmit Techl11cian 23E 2404 2524 2650 2782 2921
Mamtenance Worker I 23E 2404 2524 2650 2782 2921
Pohce Records Techttician 24D 2450 2573 2702 2837 2979
Community Services Officer 26D 2574 2703 2838 2980 3129
Water Services Representative 26E 2587 2716 2852 2995 3145
Maintenance Worker II 27E 2652 2785 2924 3070 3224
Motor Sweepet. Operator 30D 2842 2984 3133 3290 3454
Water Operator 30E 2856 2999 3149 3306 3472
Animal Control Officer 310 2912 3058 3211 3372 3541
Meehanic 33E 3075 3229 3390 3560 3738
Lead Maintenance Worker 37E 3395 3565 3743 3930 4127
Sr. Water Operator 38C 3445 3617 3798 3988 4188
Electncian 39C 3531 3708 3893 4088 4293
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Resolution Number ~
APPENDIX - Personnel Rules (Appeals I Grievances)
CITY OF SEAL BEACH PERSONNEL RULES
RULE XIV
APPEAL PROC.EOlJRES
SFC.TlON 1- REQlIEST FOR mSc.IPI.INARY HEARING:
Employees shall have the right to appeal the imposition of disciplinary action. When an I
employee requests a disciplinary hearing, t1te request shall be in writing or signed by the
employee or representative, and presented to the personnel officer within ten (10) days after the
effective date of the imposItion of the disciplinary action. Any such request shall be addressed to
the personnel officer and shall identify the subject matter of the appeal, the grounds for the
appeal, and the rehef desired by the employee. All disciplinary hearings shall be conducted in
private unless the employee requests, III wnting, a public hearing. If the employee fails to request
a disciplinary hearing within the prescribed time, the employee shall have waived the right to a
hearing and all rights to further appeal of the disciplinary action.
SEC.TTON 2 - Sc.HEm" .ING OF mSc.IPT .INARY HEARING:
The personnel officer shall schedule any disciplinary hearlllg within a reasonable time after the
filing of the employee's request after considering the availability of the Civil Service Board and
the convenience ofthe employee and the witnesses.
SFc.TION 1 - C.ivil Service Roard:
TIle Civil SeIVlce Board shall be the reviewing authority for disciplinary hearings. At the
discretion of the Civil Service Board, a hearing officer may be appointed by the appointing
authority to perform the duties of the Civil Servicc Board in disciplinary hearings.
SEC.TION 4 - REPRESENTATlON AT D1SC.IPT .INARY HEARING'
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At the disciplinary hearing, the employee may appear personally and may be represented by
counselor other representative. The employee and the city shall have the right to produce and
confront witnesses, and to present any relevant oral or documentary evidence.
SEC.TlON 'i - Rl JRDEN OF PROOF AND EVTnENC.E:
The City shall have the burden of proof at the disciplinary hearing and shall be required to prove
thc charges against the employee by a preponderance of the evidence. The disciplinary hearing
shall not be conducted according to the technical rules of evidence.
SEc.TION 6 - c.ONm 1c.T OF mSc.IPI.INARY HEARING:
The conduct of the disciplinary hearing shall be under the control of the Civil Service Board
with due regard for the rights and privileges of the parties. During the exmnination of a witness,
the Civil Service Board may exclude from the hearing, any and all other witnesses. The Civil .
Service Board shall have the power to issue subpoenas to compel the attendance of witnesses or
the production of documents.
SFc.TION 7 - C.IVII. SERVIC.E ROARD'S DEC.ISION:
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Within a reasonable time after the disciplinary hearing, the Civil Service Board shall issue a
wntten decision containing findings of fact and conclusions oflaw. The Civil Service Board
shall have the authonty to affirm, revoke or reduce the dIsciplinary action imposed against the
employee. The Civil Service Board's decision constitutes a final resolution of any disciplinary
action and no further appeal shall be pennitted within the city's administrative process.
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Resolution Number ~~i7
GRIEVANC.E PROC.EDlJRES
SEC.TlON 1- PTJRPOSE OF GRlEV ANC.E PROC.EnT JRE:
The grievance procedure shaH be used to resolve employee complaints concerning tenns and
conditions of employment with the city. The grievance procedurc shaH not be used for:
(a) The resolution of any complaint concerning any
disciplinary action; or
(b) The resolution of any complaint concernmg any aspect of the performance
evaluation process, except for complaints in regard to deferred advancement under
Rule XI Section 4;
(c) The resolution of any complaint relatlllg to any concerted refusal to work.
SEc.TION 2 - INFORMAl. D1SC.1 rSSION OF GRlEV ANC.E'
When an employee has a complaint, the employee shall first infonnally discuss the matter with
the employee's immediate supervisor within fifteen (15) calendar days from the date of the
incident or decision generating the grievance. If, after a discussion with the immediate
supervisor, the complaint has not been satisfactorily resolved, the employee shall have the right
to discuss the complaint informally with the supervisor's immediate superior. If, after such a
discussion, the complaint has not been satisfactorily resolved, the employee shaH have the right
to file a formal gnevance.
SEC.TlON J - FORMAl. GRIEVANC.E PROr.EnTJRF'
The formal grievance procedure shall be used to resolve an employee's complaint not
satisfactorily resolved by informal discussion.
(a) An employee shall have the right to present a formal grievance, in writing, within
five (5) working days after the informal discussion of the grievance with the
immediate supervisor or the immediate supervisor's supcnor. All fonnal
grievances shall state the reasons for the complaint and the employee's suggested
solution.
(b) The fonnal grievance shall be presented to the deparl1nent direetor. The
department director shall discuss the grievance with the employee and/or the
employee's representative. Within ten (10) working days after receipt of the
formal grievance, the deparl1nent director shaH render a written decision regarding
its merits. If the department director's deCision does not satisfactorily resolve the
complaint, the employee may present the fonnal grievance to the personnel
officer. The grievance shall be considered resolved and no further review of the
subject matter of the grievance shall be pennitted under this rule when the
employee does not seek further review of the grievance within five (5) working
days after the receipt of the decision of the deparl1nent director. Failure ofthe
deparl1nent director to render a written decision on the grievance within five (5)
working days constitutes a decision denying the grievance.
(c) When the employee presents a formal gnevance to the personnel officer, the
personnel officer shall discuss the grievance with the employee and the employee's
representative. Within fifteen (I 5) days after meeting with the employee and the
employee's representative, the personnel officer shaH render a written decision
regarding its merits. The decision of the personnel officer shaH resolve the
grievance and no further review of the subject matter of the grievance shall be
permitted within the city's administrative process.
Resolution Number ~
(d) TIle City shall not institute any reprisals agail).st any employee or any
representative resultmg from the use ofthe grievance procedure. The personnel
officer may designate a department director or third party to serve as the final
reviewer for employee grievances.
(e)
An employee submitting a grievance and the employee's representative may use a
reasonable amount of time during working hours to prepare for and present the
grievance.
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