HomeMy WebLinkAboutCC Res 5089 2002-12-09
RESOLUTION NUMBER G9(j
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 ORANGE COUNTY
EMPLOYEES' ASSOCIATION AND REPEALING ALL
RESOLUTIONS IN CONFLICT THEREWITH
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WHEREAS, the Govenunent Code of the State of California prescribes a procedure for
resolving matters regarding wages, hours and other terms and conditions
of employment; and
WHEREAS, the City of Seal Beach has met and conferred in good faith WIth the
Orange County Employees' ASSOCIation (OCEA) for the purposes of
dlscussmg saId terms and conditions of employment; and
WHEREAS, the City of Seal 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 Understandmg between Orange County
Employees Association and the City of Seal Beach for wages and benefits.
PASS~ APPROVED AN
on tIJ day of
AYES: Councllmemb
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NOES:
Council members
ity Council of the City of Seal Beach
, 2002 by the followmg vote:
ABSENT:
Councilmembers
~,*'lJ \...,.o~
Mayor
~
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
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I, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereb?..~E!} that the
foregoing resolution is the original copy of ResolutIon Number~ on file in the
office of the City Clerk, passed, approved, and adopted bY'!J?!Y Council of the City of
sea~ at a~eeting thereof held on the day of
".... , 2002.
Adopted by Resolution No. 5089
EXHIBIT A
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MEMORANDUM OF UNDERSTANDING
ORANGE COUNTY EMPLOYEES ASSOCIATION
FY 2002/03
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TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
ASSOCIATION
ORANGE COUNTY EMPLOYEES
PAGE NUMBER
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ARTICLE 1. Recognition
Section I. Employee Ordinance
Section 2. Recognition
Section 3. Number of Representatives
Section 4. Bulletm Board
Section 5. Election
Section 6. Meetings
Section 7. Conduct of Business
Section 8. List of Current Employees
Section 9. Effective
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ARTICLE n. DUES AND BENEFIT DEDUCTIONS
Section 1. Payroll Deductions
Section 2. Employee Association Dues
Section 3. Indemnificahon
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ARTICLE IU. CITY RIGHTS
Section 1. RightslResponsibilitles 3
Section 2. Operation Changes 4
ARTICLE IV. NON-DISCRIMINATION
Section 1. Equal Employment Opportunity 5
I Section 2. Use of Gender 5
ARTICLE V. COMPENSATION PLAN
SectIon 1. Basic Compensation Plan 5
Section 2. Advancement within Salary Ranges 5
Section 3. Salary Increases 6
A. Promotional Appointment 6
B. Temporary Appointment 6
Section 4. Salary Decreases 6
Section S. Adjustments of Salary Ranges 6
Section 6. Salary and Benefits on Suspension 7
Section 7. Salary Adjustments During Term ofMOU 7
ARTICLE VI. SPECIAL PAY PROVISIONS
Section 1. Automobiles/Mileage 7
Section 2. Maintenance Worker Merit Program 7
Section 3. Seniority Bonus 8
Section 4. Standby Compensation 8
A. Animal Control 8
B. PW Employees 8
Section S. Shift Differential 9
Section 6 Class AIB License Pay 9
I Section 7. Traffic Signal Technician Pay 9
Section 8. Traimng Program 10
Section 9. Uniforms & EqUlpmentJUniform Allowance 10
A. Uniforms 10
B. Uniform Allowance 10
C. Safety Shoes 10
D. Equipment Certification Program 10
Section 10. Water TreatmentlWater Distribution Pay 10
Section I 1. Deferred Compensation Program II
ARTICLE VII.FRINGE BENEFIT ADMINISTRATION
Section] Administration II
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Section 2. Selection and Fundmg 11
Section 3. Changes 11
ARTICLE VIII. HEALTH, DENTAL, LIFE & DISABILITY INSURANCE
Section 1. Coverage - Health and Dental Insurance 12
SectIon 2. Retirement Health 12
Section 3. Life Insurance 13
Section 4. Disability Insurance Plan 13
Section 5 Premium Only Plan (POP) 13 I
ARTICLE IX. RETIREMENT 14
ARTICLE X. HOURS OF WORK 14
ARTICLE XI. OVERTIME
Secl10n 1. Overtime and Call-Out Pay 14
Section 2. Court Provision 15
ARTICLE XII. HOLIDAYS 16
ARTICLE XIII. SICK LEAVE 17
ARTICLE XIV VACATION TIME 17
ARTICLE XV. LEAVES OF ABSENCE
SectIon I. Authorized Leave of Absence Without Pay 19
Section 2. Bereavement Leave 19
Section 3. Military Leave 20
Section 4. Pregnancy Disability Leave 20
Section 5. Family Leave 20
Section 6. Catastrophic Leave 21
ARTICLE XVI. JURY DUTY 22 I
ARTICLE XVII. PROBATIONARYPEIDODS
Section 1. Appointment Following Probation Penod 22
Section 2. ObjectIve of Probationary Period 23
Section 3. Employee perfonnance Appraisal 23
Section 4. Rejecl10n of ProbatIonary Period 23
ARTICLE XVIII. LAYOFF PROCEDURES 24
ARTICLE XIX. SAFETY COMMITIEE PROGRAM 24
ARTICLE XX. ANTI-DRUG/ALCOHOL POLICY MANDATED BY 24
FEDERAL REGULATIONS FOR CERTAIN EMPLOYEES
ARTICLE XX ENTIRE MEMORANDUM OF UNDERSTANDING
Section 1. Merger of Negotiations 2S
Section 2. Contradictions 2S
Section 3. ConditIOns 25
SectIOn 4. Separability 25
ARTICLE XXI. TERM OF MEMORANDUM OF UNDERSTANDING 25
ARTICLE XXII. EMERGENCY WAIVER PROVISION 25 I
ARTICLE XXIII. RATIFICATION 26
A TI ACHMENT A. SALARY DETAIL 27
APPENDICES. Appeal Procedures - Personnel Rule XIV Appendix I
Grievance Procedures - Personnel Rule XV Appendix 2
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EXHIBIT A
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SEAL BEACH
AND ORANGE COUNT EMPLOYEES ASSOCIATION
ARTICLE I RECOGNITION
Sectlnn I. Pursuant to the provisions of Employee-Employer Relations Ordinance Number
769, as amended, the City of Seal Beach (hereinafter called the "City" and/or "Employer"
Interchangeably) has recognized for the purpose of this Memorandum of Understanding, the Seal
Beach Chapter of the Orange County Employees Association, an associatIon of employees of the
CIty of Seal Beach, hereinafter referred to as "Associalton" representing all full-time non-safety
employees of the City except those employees detemlined to be professional, confidential,
administrative, management and certain specified supervisory employees; and
S""tinn 7. The City recognizes the ASSOCIation as the representative of the employees in the
classification and assignments set forth In Section I above for the purpose of meeting ItS
obligations under this Memorandum of Understanding, the Meyer-Milias-Brown Act, Govemment
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.
Sectinn l. The City agrees that the recognIzed representatIves of Association not exceed four
(4) in number and shall be entitled to meet and confer WIth City during said recognized
representatives' normal working hours without suffering any loss in pay while absent from the
duties for such purpose, providing that such time shall not exceed two 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 suffenng 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.
Sectinn 4. City shall provide a bulletin board in each of the 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
other bulletin board within City facilities.
Sectlnn 'L CIty recognizes Association's right to appoint or elect representatives to meet and
confer with City's management representatives on salaries, wages, and terms and conditions of
employment AssociatIon agrees to notify City in writing as to the identify of the representatIves
and of subsequent appointments, if any. Association and City agree that employees appointed or
elected as Association representatives shall be required to work full time.
Sectinn 6. It is recognized and agreed that no ASSOCIation business and/or meetings will be
conducted and/or attended by employees of City during their respective hours of duty and work
unless specified herein.
Sectinn 7. 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
Sp.ctlnn ll. During the term of this Memorandum of Understanding, the City shall provide to
DCEA, upon receipt of a written request, a hsting of all current employees in this unit not
exceeding twice per year. Such listing shall include employee name and job classitication. DCEA
agrees to pay necessary costs to provide such lists.
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Sechon 9 TIus Memorandum of Understanding shall be effel.1lve by and between
Management and Association upon execution by Management and the required number of the duly
authonzed recognized representatives of Association.
A RTTc.! R If m IRS AND RRNRFIT DRm IcrroNs
Section I.
Payroll Dedllctiono
The City shall not be required to make payroll deductIons for any other Items or reasons except as
specified m this Memorandum of Understanding. Management shall detenmne in the interest of
cost and efficiency as to whether said deductions shall be on a monthly basis or on each semi-
monthly payroll. Management may require notice from employee of any change or modificallon in
any payroll deduction authorized in this section of this Memorandum of Understanding. Said
nollce may be required at least ten (10) days pnor to the effective date of said requested
modification or change. Management agrees that payroll deductions are authorized for pwposes of
any employee depositIng funds or making payments directly to a federal credit union proViding that
any deduction shall not be less than five dollars ($5.00) on a monthly basiS, or two dollars and fifty
cents ($2.50) if semi-monthly deductions for such pwpose as authonzed by Management.
Sp.ction ~.
Rmployp.p. Ao""ciation Dllp.o
City agrees to deduct regular monthly Association dues from salary or wages of any Association
member when authorized to do so by said City employee in writing in a form satIsfactory to City
and to remIt such deductions to Association withm (15) days after making such deduction from an
employee's salary or wages, and within the terms of the signed deduction authorization of such City
employee. The deduction of such Association dues and the remittal of same by City to Associallon
shall constitute payment of said dues of such employee and member of Association.
Sp.ction 1.
Tnc1p.mnifir.~tion
The Association agrees to hold the City hannless and indemnifY the City against any claims, causes
of actions, or lawsuits arising out of the deductions or transmittal of such funds to the Association,
except the intentIonal failure of the City to transmit to the Association monies deducted from the
employees pursuant to this Article.
ARTTc.T.R lIT r.ITY RIGHTS
Sp.ction I.
R ightolR""pono,hiHties
This City reserves, retams and is vested with 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 pnor to the execution of this
Memorandum of Understanding. The sole and exclUSIVe rights of Management, as they are not
abndged by this Agreement or by law, shall include but not be limited to, the following rights:
A. To manage the City generally and to determine the issues of policy.
B. To detennine 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 determme the nature, manner, means and technology and extent of services to be provided
to the public.
E. To determine methods of financing.
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F. To detennine types of equipment or technology to be used.
G. To dctennine and/or change the faClhtles, methods, technology, means, organizational
structure and size and composition of the work force and allocate and assign work by which
the City operal1ons are to be conducted.
H. To detennme and change the number of locations, relocations, and types of operations,
processes and matenals to be used in carrying out all City functions includmg, but not limited
to, the right to contract for or subcontract any work or operation of the City.
I. To assign work to and schedule employees in accordance with requirements set forth in
previous agreements, and to establish and change work schedules and assignments upon
reasonable notice msofar as such changes do not conflict with previous Memorandums of
Understanding.
1. To layoff employees from duties because of lack of work or funds, or under conditions where
continued work would be ineffective or non-productive.
K. To establish and modify productivity and performance programs and standards.
L. To discharge, suspend, demote, reprimand, withhold salary increases and benefits, or
otherwise dIscipline employees for cause.
M. To determine minimum qualifications, skills ahihties, knowledge, sclecl10n procedurcs and
standards, job c1assificahons and to reclassify employees m accordance with thiS
Memorandum of Understanding and applicable resolution and codes of the City.
N. To hire, transfer, promote and demote employees for non-disclphnary reasons m accordance
with the Memorandum of Understanding and applicable resolution and codes of the City.
o To determine polIcies, procedures and standards for selection, training and promotion of
employees in accordance with thIS Memorandum of Understanding and applicable resolution
and codes of the City.
P To establish reasonable employee performance standards includmg but not limited to, qualIty
and quanl1ty standards and to require compliance thereWIth.
Q. To maintam order and elliciency in its facIlll1es and operation.
R To establish and promulgate and/or modify rules and regulations to maintain order and safety
and which are not in contravention with the Agreement.
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 of the Agency in emergencies.
Ser.hnn 1. Where the City is required to make changes m its operations because of the
requircments 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 m good faith WIth representatives of the ASSOCiation regardmg the impact of the
contemplated exercise of such rights prior to exercIsing such rights, unless the matter of the
exercise of such rights is provided for m this Memorandum of Understanding.
ARTIC.T R IV - NON-n1SC.RTMTNATION
Ser.tinn I. 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 religious opinions or affiliations. 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 ofcompetentjunsdiction requinng 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 Understandmg, it
shall be understood to include the feminine gender.
ARTICI.R V - COMPRNSATION PI.AN
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Section I
Ha.ic Compen.ation 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 offive (5) steps withm each range.
B. The first step is a mmimum rate and is normally the hiring rate for the classification An
employee may be assigned, upon appointmcnt, to other than the normal entenng salary step Within
the assigned range upon the recommendation of the Department Head and with the approval of the
City Manager when it is decided that such action is in the best interests of the City.
C. The second step, B step, IS a ment adjustment whIch may be given at the end of the
probationary period subject to the recommcndation of the Department Hcad and with the approval
of the City Manager.
D. The third, fourth and fifth steps are ment adjustments to encourage an employee to improve
hiS work and to recognize increased skill on the job. Employees are nonnally eligible for these
adjustments at any time after the completion of one (I) year of service at the preceding step. Each
adjustment shall be made subject to the recommendation of the Department Head and with the
approval of the City Manager.
Section '.
Advaocement withio Salary Range.
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A In order to properly compensate an employee, advancement in salary shall be based on merit.
B. Advancement m salary shall not be automatic, but shall depend upon increased service value
ofthe employee to the City.
C. The Department Head and/or the employee's immediate supervisor shall be responsible to
evaluate employees fairly in an unbIased fashion for the determination of job performance.
Advancement shall be made only upon recommendation of the Department Head with the approval
of the City Manager.
D. An employee must be reviewed at least once every twelve (12) months from the effective date
of his last performance step increase, special performance advancement or promollon. Nothing
contained herein shall restrict the Department Head from denying the mcrease 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 1.
Salary Incr...a.e.
A. Promotional Appomtment - When an employee IS promoted to a position with a higher salary I
range, the employee shall be compensated at a step orthe 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 Appointment - City agrees that employees assigned, in an actmg capacity, to a
higher classification than the employees' present classification for a penod of not less than 120
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consecutive working hours shall be entitled to move-up pay. In addition, employees who are
assigned by the department director m 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 of the higher
classitication but in no event shall move-up pay be less than five percent (5%) more of the
employee's current rate.
Section 4.
Salary necrea~e~
In the case of a demotion of any employee in the department to a classification with a lower
maximum salary, such employee shall be assigned to the appropriate salary step in the new
classification as recommended by the Department Head with the approval of the City Manager.
The employee shall retam his previous anniversary date.
Section 'i.
A<lju~hnent~ of Salary Range~
When a salary range for a given classification is revised upward or downward, the mcumbents of
positions and classifications affected shall have their existmg salary adjusted to the same relative
step in the new salary range and their anniversary date shall not be changed.
Section 6.
Salary and Renefjt~ on Suspen~ion
During suspension from the City service for disciphnary cause, an employee shall forfeit all rights,
pnvileges and salary, except he shall not forfeit his medical health plans, including dental,
retirement plan, disability insurance or hfe msurance. 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}' Adju~tment~ nuring Tenn of Memorandum of
I Jnderstanding
A. The salary schedule for each position classification affected is hereby detennined and
established as indicated by Attachment A to be paid in accordance with the salary range schedule
adopted by City Council, and shall become effective the date as specified in Attachment A.
B. If the management representative is of the sole opinion that recruitment, retention or other
reasons necessitate other upward salary adjustments, Management representative will meet and
confer with Association on position classifications specified by the Management representative or
Association. Management representative may make additional recommendations to the City
Council.
C; It is understood and agreed that agreed-upon employees may be classified as confidentIal or
supervisory employees.
D: For any and all position classifications not listed in this section, said classifications not having
personnel employed by City, salary adjustment, if any, may be recommended by Management
Without further consultatIon or approval of AssociatIon.
ARTICLE VI SPECIAL PAY PROVISIONS
S..",I1on 1.
Automohi1e~ and Mileage
Officers and employees of the City, utilizing their pnvately-owned automobiles for City busmess
on a non-regular basis, shall be entItled to reimbursement for costs mcurred at the rate established
by the Intemal Revenue Service (IRS).
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Sedion 2
MaintenanC'e Worker Merit P1'QgTllm
Under the provisions of this program, all Maintenance Worker I employees wIll become eligible to
"promote" to the classificatIon of Maintenance Worker II proVIding the following conditIOns have
been met:
I) The employee must have reached "E" step in the classification of Maintenance
Worker I.
2)
The employee must have served in the capacity of Maintenance worker I "E" step
for a minimum period of twelve months.
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3) Employee must have been rated satisfactory on most recent performance evaluation.
Any vacancies in the Maintenance Worker I or II work force wiII be recruited at the Maintenance
Worker I level.
Section 1,
Senionty Ronus
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 lO'h anniversary of their employment.
Section 4,
SlImrlQ}' C-ompensation
A. I. Standby Compensation - Ammal 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. 1. Standby CompensatIon - Utihties DIVIsion'
Each employee of the Utilities Division (Water, Sewer) who is assigned by the Water
Superintendent to standby duty will be compensated for one (I) hour of overtime pay each I
weekday of duty and five (5) hours of overtime on Saturday or Sunday or holidays. The
assignment to standby duty wIll be rotated among all water division personnel and other
department personnel possessmg the proper water operators certification and has a
fanuliarity with the water and sewer system.
2. No compensation wiII be provided personnel servmg 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 utihty related emergencies on
a twenty-four (24) hour basis. However, in the event that a maintenance supervisor or other
mamtenance employee cannot be contacted dunng non-utility related emergency, the person
assigned to standby duty will be expected to respond upon notification.
5. Personnel assigned to standby duty are requITed to carry with them or have nearby, a paging
device (beeper) dunng all non-regular working hours and also must confine their activities
to the extent that they remain Within twenty (20) mmutes dnving time of the City of Seal
Beach at all times. In addition, standby personnel wiII be required to have in their
possession a current roster listmg each employee in the Utility DiVISIOn With their telephone- I
number.
Section 'i
Shift Oifferential
City agrees that employees in the Public Works Department who are assigned duties between the
hours of 4:00 a.m. and 6:30 a m shall be paid at a rate of time and one-half for tIme worked during
that period.
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Section Ii.
Traffic Signal Technician Pay
Each employee in the Pubhc 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.la~~ AIR I .Icen~e Pay
Each full-time employee m the Public Works Department required by the City to mamtam a Class
A or B license for the performance of their work, will be entitled to received Fifteen Dollars
($15.00) per payroll period, effective the first payroll period following ratlfical10n by Council. The
Public Works Director or his designee will notifY Personnel Office of eligible employees.
Section R
Traimng Program
A. Required Training - An employee who is required by his or her Department Head to
attend a specified off-duty training course, shall, upon submission of receipts, receive
reimbursement for the following: transportation cost where appropriate, cost of books, course
registratIon and related expenses directly necessary for the successful completion of the course
B. Desirable Training - Desirable training is defined as an off-duty mstruction that will be
mutually and immediately beneficial to the employee and the City. Prior to enrolling in a class for
deslra*ble training, an employee wishing reimbursement for his or her expenses shall obtain the
approval of the City Manager as to course content and its relationship to the employee's
employment with the City as well as the recommendation of the Department Head. This approval
is at the sole discretion of the City Manager.
In the event the City Manager approves such request and the employee has received a grade
of "C" or better or its eqUIValent grade point upon completion of the course, the employee shall
submit a copy of the offiCial transcript and a receipt for the tuition fee to the Personnel Office.
Upon approval by the City Manager, the employee shall then be reimbursed for the cost of tuition
and books in accordance with the tuition reimbursement pohcy adopted by the City.
C. Training Conferences and Seminars - Approval for employees attending conferences
and seminars is at the sole discretion of the Department Head and the City Manager. Pnor to
enrolling in a semmar or conference, an employee wishing reimbursement for his or her expenses
shall obtain the approval ofthe Department Head and the City Manager. Once approvals are gIVen,
those employees will be reimbursed on a cost basis after presenting receipts for allowable expenses
per administrative trainmg and per diem policy.
Secl10n 9.
IInifonn~ & EqJlipmentlIJnifonn Allowance
A. Public Works Department Employees
Each employee of the Department of Pubhc Works, except clerical, engineenng and related
classificatIons as detennined by the City Manager, shall be entitled to uniform service. The City
shall pay the total cost of renting and laundering uniforms (designated by the Department Head) for
each eligible employee.
B Police Department Employees (Non-Sworn Members)
Each non-sworn employee of the Police Department, including the classifications of Ammal
Control Officer, Police Records Technician and Community Services Officer assigned to wear a
urnform as a condition of employment shall be entitled to a sum of twenty dollars ($20.00) per
payroll period. In additIon, new employees of non-sworn status m the Police Department shall
receive initial uniforms 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 uniform as a conditIon of employment shall not receive a uniform allowance. Should
conditions of employment change and those classifications be required to wear a umform, the
$20.00 per payroll penod umform 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 ofthe Public Works Department.
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 Trp.lItmentlWAter Di.trihution PAY
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Water TreatmentlWater Distribution Pay - Each Public Works Employee in the claSSIfication of
Semor Water Utihty Operator or Water Uttlity Operator who has received a Grade III Water
Treatment Operator Certificate from the Califorma Department 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.
Sp.ctlOn II OeferTP.il r.ornpen.AtlOn ProgrAm
The City shall contribute $10 per pay penod Into a deferred compensation program for eligible
employees.
ARTJr.LE vn FRINGE RENEFIT ADMINISTRATION
Section I.
Arlmlni~tratinn
The City reserves the right to select, change, administer or fund any fiinge benefit programs
involving Insurance that now exists or may eXIst in the futurc dunng the term of this Memurandum
of Understanding.
Sp.ction ~.
Selection Anti Funding
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In the administrahon of fiinge benefit programs involving insurance, the City shall have the right to
select any insurance carrier or other method proVIding coverage to fund the benefits provided
hereinafter dunng the term of this Memorandum of Understanding. '
Section J.
r.hAngl'l.
Provided, however, that the City shall notifY the ASSOCIation prior to any change of insurance
carrier or method of funding coverage for any fiinge benefits provided hereinafter during the term
of this Memorandum 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 of the carrier or plan In effect from hme to time. Within the term of this agreement, the
CIty may provide alternative health plans
ARTTr.LE VIII HEALTH, DENTAL, l.IFE & mSARTT.ITY INSTJRANr.R
Section I.
Coverage - Health Insurance
A. The CIty shall provide for eligible employees a group hospItal, medical and dental I
insurance plan.
B. The City shall contribute to the cost of each medical/dental plan for each eligIble
employee and their dependents, up to the following amounts:
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Resolution Number ~~
Effective January I, 2003, the City shall contribute to the cost of each
medical/dental plan for each eligible employee and their dependents, up to the following amounts:
For single employees
For employee and I dependent
For employee and 2 or more dependents
$333/month
$550/month
$720/month
Employees enrolled in the plan are required to pay any premium amounts in excess of the above
City contribution. Such amounts will be deducted from the affected employee's payroll check on
the first two pay periods for each month.
A portion of the cafetena plan, $16 per month per employee, is identified as the medical
contnbution 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 mcreases the minimum employer contribution for agencies partlclpatmg in the Public
Employees Medical and Hospital Care Act from $16 per month per employee/retiree to a maximum
of $97 per month by year 2008.
C. The City shall not change medical/dental insurance plans dunng the term of this agreement
Without first meeting and conferrmg on the proposed change.
D. Employees who elect to waive enrollment m medical and dental coverage may receive $250
per month (upon showing proof of health insurance coverage under an alternative plan.) Election
torms are avaIlable in the Personnel Office.
E. Part-time, seasonal, provIsional and/or hourly employees shall 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 msurance.
G. Full-tIme employees of the City who have completed thirty (30) days ofumnterrupted selvlce
shall be enrolled in this insurance program on the first day of the next succeedmg month.
H. Employees who change classification from full-time to part-time provisional, hourly or
seasonal shall not be ehgible for this benefit.
J. City shall not pay premiums for any employee on leave of absence without pay, who is absent
from regular duties without authorization during the month and/or for any employee who has
terminated from City employment for any reason. CIty shall pay premiums for employees
receiving temporary payments from Worker's Compensation Insurance.
Section '.
Retirement Health Insnranc.e
A. Employees covered by tlus agreement have the option, upon retirement, to continue
participation in the CIty's health insurance program at the retiree's expense.
B. All full-time employees with 20 or more combined years of employment With the City
shall, upon retirement, be provided WIth individual health insurance coverage. If said employee
has 30 or more combined years of employment with the City upon retirement, eligible dependent
health insurance coverage shall also be provided The City shall contribute to the cost of the
selected coverage consistent with the appropriate level as specllied m Article VIIl, Section I B of
this Memorandum of Understand mg.
C. In all cases, the City's contribution for eligible dependent coverage for retirees shall
terminate with the death of the retiree.
Resolution Number ~
Sechon 1,
I .ife Insurance
Management agrees to provide a group hfe Insurance plan providIng lite insurance coverage of
Twenty-Five Thousand Dollars ($25,000) for each full-time classified non-safety employee
represented by the AssocIation, a double indemnity accidental death benefit, and a dependent death
bencfit in the amount of One Thousand Dollars ($1,000) per dependent. Said insurance shall
become effective after the employee has completed thirty (30) days of umnterrupted semce with
said employee to be enrolled in the program on the first day of the next succceding month.
Section 4
Disability Insurance Plan
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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 Fivc Thousand Dollars ($5,000) per month, for a
period of tIme not to exceed the length of InJury or Illness, up to the age 01'65 Said Insurance shall
become effective after the employcc has completed thirty (30) days of unInterrupted semcc with
said employee to be enrolled in the program on the first day of the next succeedmg month.
Sechon ~. Premium Only Plan (POP) - The City will provide a Premium Only Plan (POP) for
health and dental benefits. The plan wIll allow for premium payments lor premium payments for
medical and dental insurance coverage to be made before taxes (non-taxable) through salary
reduction.
ARTIr.I.E IX
RETIREMENT
The retirement program provided by the City shall consist of a depooled PERS plan which
includes the lollowing Govemmcnt Code provisions:
A. Section 20042
B. Section 20965
C. Section 21024
D. Section 21573
E Section 21251 32
One Year final compensation (Single Highest Year).
Credit for unused sick leave.
Military Service Credit
3R1 Level of 1959 Survivor Benefits
2% @ 55
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The City shall pay that portion of the affected employee's retirement contribution that is equal to
scven percent (7%) of the affected employees' base salary.
ARTIC.I.EX HOIJRSOFWORK
A. Prior to Implementing a change in work schedule for the Public Works Department 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 department head: Secretary and Account Clerk, Police Records
TechnIcian, Animal Control Officer and Community Services Officer positions may be scheduled
in shifts of four ninc-hour days each week and one additional eight-hour day on alternate weeks,
refcrred to as the 9/80 plan, or may be scheduled in shifts of four ten-hour days each week, refcrred
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, othel non-sworn positions may be scheduled on the 5/8 plan
to accommodate training sessions. At the discretion of the department head, Public Works Beach
Division employees may be scheduled on a 5/8 work shIft from May through Septembcr.
C. All Gcneral Unil'Orange County Employees ASSOCIation members shall be granted one-half I
(112) hour paid release time to attend quarterly Association meetings and two additIOnal one-half
(1/2) hours lor meetings to be called at the discretIon of the Association. Such release time shall be
taken m conjunction with the employees regularly scheduled lunch and shall be approved only after
a minimum often (10) days notice has been given to the City.
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Number ft:t!9
Resolution
ARTI(;I.E XI
OVERTIME
Sectlnn I.
Overtimp. and (;all-01lt Pay
A. If work beyond normal workday, workweek or work penod is required, the employee who
may be asked to perform such overtime shan be notified of the apparent need for such overtime as
soon as practicable prior to when the overlime is expected to begin.
B. If the responsible supervisor detenmnes 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. CalI out and overtime pay shan be paid at the rate of time and one-half the hourly rate.
Minimum "calI 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 payrolI period is to be submitted and computed with
the regular payrolI.
E. Notwithstanding any provision of this Section, employee shalI be entitled to select either
compensated overtime or compensatory time off subject to budget hmitatIons and departmental
rules and regulations.
F. Non-sworn Police Department employees will be paid, with the first pay period in December,
for any comp tIme hours in excess of 160 at that time. Compensation will be at the employee's
current rate.
SP.ctinn 2
(;n1lrt Time
A. All ehgible employecs caned for a subpoenaed court appearance which anses our of the
course of employment and not contiguous with the employee's work shift shan be compensated for
a minimum of two-and-two-thirds (2-213) 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, the
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. Court appearance
time shalI 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 mmimum.
C. All employees agree to comply WIth "on-call" policies administered by theIr department.
Should an eligible employee be placed "on-call" during off duty hours for court appearance(s), he
shall be granted two hours pay at the employee's straIght tIme hourly rate for any on call time pnor
to 12:00 noon and two hours for all on call tune after the hour of 12:00 noon.
ARTJ(;J.EXTJ HOT.mAYS
A. The City agrees to grant all employees a fun shIft pay for each holiday recognized by City.
Every full-time employee of the City, except employees of the Pohce Department who are
classified as safety members of the Public Employees' RetIrement System, shall be granted the
following holidays WIth pay:
New Year's Day (January I)
Martin Luther King Jr. Birthday (3rd Monday in January)
Washington's Birthday (Third Monday in February)
Memorial Day (Last Monday in May)
Independence Day (July 4)
Resolution Number ~
Labor Day (First Monday m September)
Veteran's Day (November II)
Thanksgiving Day (Fourth Thursday in November)
The Calendar Day following ThankSgIving Day
Chrisbnas Eve (December 24)
Christmas Day (December 25)
ONE (I) FLOATING HOLlDA y*
A total of 12 holidays annually.
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*The floating holiday must be taken dunng each fiscal year (July 1st through June 30th). Floating
holidays may not be carried forward beyond the term of this agreement. Floating hohdays must be
approved by the dcpartment head.
B. Special Holiday Closure. During the term of this agreement only, City Hall and the
Corporation Yard will be closed on the additional work days of December 23, 26, 27, and
December 30 and 31". Employees whose regular work days fall on all or some of these days will
be given the day offwith pay, except as provided in subsection E below.
Some Police Department employees as designated by the Department will not be subject to special
holiday closure. In heu, they will receive a total of 40 hours vacation time to be taken offby fiscal
year endmg June 30, 2003.
C. When a holiday falls on a Sunday, the next day shall be observed as a holiday. When a
holiday falls on a Saturday, the precedmg day shall be observed as a holiday.
D. When a holiday 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 keeping With other
provisions of this MOU, subject to discretIon of Department Head.
E. An employee who is reqUired to work on a holiday, shall receive pay computed at one and I
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.
F. Holidays which fall during an employees' leave time shall not be charged agamst the
employees' leave time balance.
A RTTC.T.F xm RTC.K T .F A VF
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 mcluding
520 hours. Except as otherwise provided in this resolution, no employee shall receive further
accruals once thc 520 hour maximum is reached.
B. The Department Head may require employees to present proof of illness for sick leaves in
excess of three (3) working days.
C. Employees who elected to retain sick leave balances prior to conversion to the leave time
proviSIOn on July I, 1987:
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2)
May utilize those balances for sick leave purposes.
Upon termination, shall be paid for the existing SICk leave balance at one quarter
(25%) of the employee's then applicable base rate of pay.
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D. Except as otherwise provided, employees shall not be eligible for any payment for sick
leave balances upon termination.
Res~lution NUmber:ifJ!!l:l
E. Employees who are on leaves of absence, without pay, shall not accrue sick leave hours
during said leaves of absence.
F. Sick leave balances may not be used to defer a disability retirement.
A RTICT.F. XIV V ACA TION TIMF.
A. All full-time employees covered by thiS resolution, who shall have at least one year's
I continuous service as a full-time employec immediatcly prcceding, 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 contmuous service, shall be
entItled to cight (8) additional hours of vacation per year of full-time continuous service for each
year of service m 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 IPay Period Vacation Vacation
Earned Bi-Weekly I-lour 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 ]60
6 88 3.3846 88 200
7 96 3.6923 96 200
I 8 104 4.0000 104 200
9 112 4.3076 lJ2 200
10 120 4.6153 120 200
lJ 128 4.9230 ]28 240
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 andlor seasonal employces 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 maximum IS reached, all further accruals will cease.
Vacation accruals Will recommence after the employee has taken vacation and the employee's
accrued hours drop below the maximum. The m8X1mum can only be exceeded with the approval of
the City Manager In writing.
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E. Employees are encouraged to use at least the amount of vacation hours earned each fiscal
year. Those employees who have been credited with pre-existing leave hours are expected to use a
portion of the excess as leave tIme, in additIon to the new vacation hours each year, until the
maximum accrual is met. The City recognizes that a number of long-ternl employees have accrued
substantially more leave time than shorter-tenn employees, and that it will likely take them
sigmficantly longer to achieve this goal. It IS the intent ofthis sectIon to balance the personal
interests of the employee With the finanCIal concems of the City; as such, sigmficant progress
toward reaching the maximum accrual amounts may be deemed a success
Resolution Number ~
F. Vacation leave lime shall not be approved unlll such lime as it has been camed, unless prior,
special arrangements have been made with the Clly Manager. The time at which an employee shall
take vacallon leave shall be requested by the employee prior to thc start of the vacation leave
penod. Such vacation leave to be taken shall be subject to the prior approval of the Department
Head, or designee, subsequent to consideration of the departmental workload and other staffing
considerations, such as but not limited to, the previously approved vacatIon schedule of other
employees, sick leave and position vacancies.
G. Not more than once in each fiscal year, an employee who has completed at least one (1) year of
continuous service shall, upon request, receive compensation for up to fifty (50) hours of accrued
vacation time provided that the cmployee has taken an equal amount of vacation time off within
that fiscal year.
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H. Employees covered by this resolution shall have ceased accruing general leave. PreViously
earned time shall be used/compensated for as follows: Upon separation of employment with the
City, allleuve hours will be pUld to the employee lit the employcc's current base rate of pay.
ARTICJ.R XV I.RAVR~ OF AB~FNCR
~ection I. Authori7.ed I.eave of Ah.encc Withont PllY
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 interest of the City, for a period not to exceed one-
hundred eighty (180) working days per Government Code.
B. Upon wntlen request of the employee, the City Council may grant a leave of absence, with or
without pay, for a peIiod 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 b'l'Unted. Failure on the part of the employee to I
report promptly at such leave's expiration and receipt of notice to return to duty, shall be cause for
discharge.
D. Dunng any authorized leave of absence without pay, an employee shall not be ehgible to
accumulate or receive mnge benefits, except as speCifically provided for m this Memorandum of
Understanding, except that the City shall contnbute to an employee's medical and dental health
plan, disability msurance plan, life insurance plan for the first thirty (30) days ofleave of absence.
Section 2.
Bereavement I .f'_~ve
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 hving with
the employee.
Section 3.
Milital:J'1 eave of Ah.ence
A. Military leave shall be granted in accordance with the provisions of State law. All employees
entitled to military leave shall give the Department Head an opportunity within the limits of
military regulations to determine when such leave shall be taken Whenever pOSSible, the employee
involved shall notifY the Department Head of such leave request ten (10) working days in advance I
ofthe beginning of the leave.
B. In addition to provision of State law, the City shall contmue to provide eligible employees on
military leave, the eUITent heallh benefits (medical, dental, disability and life insurance and
retIrement (if applicable) for the first three (3) months of mihtary leave. Dunng said period, the
employee shall be required to pay to the City the same co-payments as required of other employees.
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Res<:l!ution Number ~
After the first three (3) months of military leave, the employee may continue said benefits at his
cost.
Section 4.
Pregnan<:y Di.ahility I .eave of A h.ence
A. An employee who is disabled due to pregnancy shall be granted a pregnancy dIsability leave
as provided by the State of Cahfornia and the Federal Family Medical Leave Act. The employee
may elect to take a lesser period ofleave
B Disabilities ansing out of pregnancy shall be treated the same as other temporary dIsabilities
in tenus of chgiblhty for, or entitlement to, leave With or without pay
Sechon ~.
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 adoption, or to care for
a senously ill or Injured member of the employees "Ilnrnediate family" as defined in Article XIV,
Section 2. Bereavemcnt Leave.
A. Proof of the birth or adoption of a newborn infant or the serious illneSs/Injury of the family
member must be submitted to the City.
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 the City shall be relevant In detenninations regarding the granting of
family leave in accordance with the provisions of State and Federal Family Leave laws.
D. In tile event of an extended family leave, the employee may be required to periodIcally report
on the status of the situation givmg rise to the leave.
E. Family leave may be granted only upon tile recommendation of the Department Head and
approval of the City Manager consIstent with the provisions of State and Federal Farmly 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
prescnbed by state or federal law.
Section 6.
Cata.trophic I.elll!l:
The purpose of the CatastrophIc Leave Pool is to enable full time employees to receive and donate
vacation, administrative leave, and compensatory time off (CfO) leave credits on an hour tor 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 admimstercd by the Finance Department.
C. Employees must be in regular full-time appointed positions to be eligible for catastrophIc
leave.
Resolution NUmber ~
D. Employees receivIng Long-Term Disability payments are ex.c1uded from thiS program.
E. All donations are to be confidential, between the donating employee and the Finance
Department.
F. Employees donating to the pool must have forty (40) hours of paid leave available after
making a donation.
G. Donating employees must SIgn an authorization, including speciJying the specific employee to
be a recipient of the donation.
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H. Donations wil\ 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 employee.
J Catastrophic Leave due to il\ness or injury of an immediate family member, may require
medical justifical10n as evidenced by a Physician's Statement that the presence of the employee IS
necessary.
K. Catastrophic Leave due to the il\ness or Injury of the employee wil\ reqUire medical
justifical10n as evidenced by a Physician's Statement as to the employee's condition.
ARTIc.J.F. XVI
hn:y nllty
~ection 1. Compen_ation for IlIry nllty
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. S8Id employees shall receive
full payment for the time served on jury service, provided the employee remits any fees received for I
such jury service, excluding payment for mileage, to the City's Finance Department. Compensation
for mileage, subsistence or similar auxiliary allowance shall not be considered as a fee and shall be
returned to the employee by the Finance Department.
B. If the swn of the employee's jury duty responsibilities is less than a full work day, the
employee shall contact his supeTVIsor as to the feasibility of returning to work that day.
C. Any hours worked beyond the regularly scheduled work day shall be subject to the workweek
and overtime provisions. An employee may request a change in regularly scheduled working hours
to a Monday through Friday day shIft for the duration of such jury duty. Such requests shall be
granted Ifpracl1cable.
ARTICI.F. XVII - PROBATIONARY pF.Rron~
~ection 1. Appointment Following Prohation Penod
A. The onginal appointment and promol1onal appomtment 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 penod, the I
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 notiJy the Department Head
and the probationer concerned no-less-than two weeks prior to the tennination of any probal1onary
penod.
C. If the ServIce of a probationary employee has been satisfactory, the Department Head shall
tile with the Personnel Office a statement, in writing, that the retention of the employee is desired.
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Resolution NUmber ~
No actions changing an employee's status from probatIOnary to regular full-tJme shall be made or
become effective until approved by the City Manager.
Sectinn 1 Ohjective nfPmhatinn81:y Perind
The probationary period shall be regarded as a part of the testing process and shall be utilized for
closely observing the employee's work, for securing the most effective adjustment of a new
employee to his position, and for rejecting any probal1onary employee whose performance does not
meet the required standards of work.
Sectlnn 1 Emplnyee Perfnrmance Appfll1~al
A. Each probationary employee shall have his performance evaluated at the end of each three
(3) months of servtce or at a more frequent interval when deemed necessary by the Department
Head Pennanent employees shall have their performance evaluated annually or at more frequent
intervals when deemed necessary by the Department Head. Such evaluation shall be reported in
writing and in the form approved by the Personnel Office.
B. The written appraIsal report of an employee's performance evaluation shall be filed in
triplicate, the original to be filed with the Personnel Office and made a part of the employee's
personnel records, one copy to be retamed by the department, and one copy to be given to the
employee.
Sectinn 4 Rejectinn nfPmhatinn81:Y Emplnyee
A. Dunng the probationary period an employee may be suspended, demoted, or rejected
anyl1me by the Department Head, with approval of the City Manager, without cause and WIthout
nght of appeal, except the right of appeal of punitive action as may be provided by law.
Notification of rejection, in writing, shall be served on the probal1onary employee and a copy filed
with the Personnel Office. A termination interview may be conducted with each rejected
probatJoner.
B. An exception will be applied where the probationary employee's job tennination or
dismissal is based on charges of misconduct which stigmatizes his reputation or seriously impairs
his opportunity to earn a living, or which might senously damage his standing and association in
the commumty. Where there IS such a deprivation of a "liberty interest", the employee shall he
given pre-disciplinary procedural due process as defined in the City of Seal Beach Personnel Rules
and Regulations and thIS Memorandum of Understanding. Pnor to the dISCIplinary action
becoming final, the employee must be notJfied of his nght to the appeal procedure as outlined in
these Rules and Regulations.
ARTIr.T.E XVTII r.A YOFF PROCEnlJRES
The appointing authority may layoff employees or demote employees in lieu of layoff subject to
Rule XII - TERMINA nON PROCEDURES of the City's Personnel Rules.
Notwlthstandmg Rule XII of the City of Seal Beach Personnel Rules, the City agrees to replace
Secl10n 2(c) of Rule XII with the following:
Whenever seniority is equal, the senionty of the employee shall be detennmed first by
examming continuous service within the affected claSSIfication and If not determinative,
then by position on the employment list.
ARTTCT.E XTX SAFETY COMMT1TEE PROGRAM
A City-WIde Safety CommIttee Program will be implemented; an employee representing each
department will participate and will meet on a quarterly basis.
Resolution Number ~
ARTICI.R XX - nRIJG & ~11R~TANCR ARIJ~R POI .ICY FOR COMMERCIAl. nRIVRR"~
I .ICRNSR HOI nRRS
Anti-Drug & Alcohol Pohcy
Effective ImmedIately, aU employees of the City of Seal Beach who are required to possess a
commercial driver's hcense - Class A or B - to operate a City vehIcle in the scope of their
employment, or employees who perform safety sensitive functions will be subject to controUed
substance and alcohol testing rules in accordance WIth Federal Regulations 49CFR, Parts 382,
391,392 and 395.
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This policy reflects the City's compliance with the applicable Federal laws in conjunction with a
commItment to provide a safe environment for its employees and the public alike. Only covered
employee positions and covered employees performing safety sensitive functions are expected to
comply with this policy. By implementing this policy, the goal IS to ensure a drug and alcohol-
free transportation environment and to reduce aCCIdents, injunes and fatalities.
ARTICI.R XXI - RNTIRR MRMORANnIJM OF IJNnRR~TANnING
Sootinn 1. Merger nfNeglltiatinn.
This Memorandum of Understanding represents the fuU and complete understanding of every kind
or nature whatsoever between the parties hereto and all preliminary negotiations and previous
Memorandums of Understanding of whatsoever kind of nature are merged herein.
Sectinn 7. Notwithstanding the provision of Section 1., there exists within the City certain
personnel rules and regulal10ns and department rules and regulations To the extent that tms
Memorandum of Understanding does not specifically contradict these personnel rules and
regulations or department rules and regulal10ns or City ordinances, they shall continue subject to I
being changed by the City in accordance with the exercise of CIty rights under this Memorandum
of Understanding and applicable state law
Sectinn 1 Except as provided herein, other terms and conditions of employment, oral or wntten,
express or implied, that are presently enjoyed by employees represented by the Association shall
remain in full force and effect during the entire term of this Memorandum of Understanding unless
mutually agreed to the contrary by both parties hereto.
~ectlOn 4, S~.parahl hty
If any provision of the Memorandum of Understanding or the apphcation of such provIsIon to any
person or circumstance shaH be held invalid, the remainder of the Memorandum of Understanding
or the apphcation of such provision to persons or circumstances other than those as to which it is
held invahd, shall not be affected thereby.
ARTICI.R XXlI- TERM OF MRMORANnIJM OFIJNnRR~TANnrNG
TIus Memorandum of Understanding shall remain in full force and effect from July I, 2002 until
midnight, June 30, 2003.
ARTICLE XXllI - RMERGRNCY WAIVRR PROVI~ION
In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, CIvil I
disorder, national emergency, or slmdar clrcwnstances, 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 shaH 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.
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Resoluj:ion NUmber ~
ARTTf:1 R XXIV - RATIFlf:ATION
This Memorandum ofUnderstandmg is subject to approval and adoption by the City Council and
ratification of the required number of the duly authorized representatives of the Association.
Following such approval and adoptIon, the Memorandum of Understanding shall be Implemented
by the appropriate resolutions(s), ordinance(s), or other written action of the City Council.
IN WITNESS HEREOF, the parties have hereto caused this Memorandum of Understanding to be
executed this day of , 2002.
CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVES
JOHN B. BAHORSKI, CITY MANAGER
SEAL BEACH EMPLOYEES ASSOCIATION REPRESENTATIVES:
Larry Lykins, Orange County Employee Relations Coordinator
Michael Uggla
Wilham Moran
Resolution Number ~
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Attachment A
1. Effective the first payroll period of January, 2002, a 2% cost ofhving adjustment was
given to all posItions listed below:
Range A B C D E
Account Clerk 23E 2404 2524 2650 2782 2921
Pennit Technician 23E 2404 2524 2650 2782 2921
Mamtenance Worker I 23E 2404 2524 2650 2782 2921
Police Records Technician 240 2450 2573 2702 2837 2979
Community Services Officer 260 2574 2703 2838 2980 3129 I
Water Services Represental1ve 26E 2587 2716 2852 2995 3145
Maintenance Worker II 27E 2652 2785 2924 3070 3224
Motor Sweeper Operator 300 2842 2984 3133 3290 3454
Water Operator 30E 2856 2999 3149 3306 3472
Animal Control Officer 310 2912 3058 3211 3372 3541
Mechamc 33E 3075 3229 3390 3560 3738
Lead Maintenance Worker 37E 3395 3565 3743 3930 4127
Sr. Water Operator 38C 3445 3617 3798 3988 4188
Electrician 39C 3531 3708 3893 4088 4293
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Resolution Number ~
APPENDIX - Personnel Rules (Appeals f Grievances)
CITY OF SEAL BEACH PERSONNEL RULES
RULE XIV
APPRAT. PROC.RnTJRRS
SRC.TTON T - RRQTJRST FOR nTSC.TPT.TNARY HEARTNG:
Employees shall have the right to appeal the imposition of diSCIplinary action. When an
employee requests a dIscIplinary hearmg, the 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 relief deSIred by the employee. All disciplinary hearings shall be conducted m
private unless the employee requests, in wntmg, a public hearing. If the employee fails to request
a dIsciplinary hearing wIthin the prescnbed time, the employee shall have waived the right to a
hearing and all rights to further appeal of the disciplinary action.
SRC.TTON 2 - SC.HRnTIT .TNG OF nTSC.TPT.TNARY HRARTNG:
The personnel officer shall schedule any disciplinary hearing within a reasonable time after the
filing of the employee's request after considering the availability of the Civil Service Board and
the convenIence of the employee and the witnesses.
SRc.TTON 1 - C.ivil Service RnHrtl:
The Civil Service Board shall be the reviewing authority for disciplinary hearings. At the
discretJon of the CIVIl Service Board, a heanng officer may be appomted by the appointing
authonty to perfonn the duties of the Civil Service Board in dIsciplinary hearings.
I SRC.TION 4 - RRPRRSRNTATTON AT nTSc.JPf.lNARY HEARTNG'
At the disclphnary hearing, the employee may appear personally and may be represented by
counsel or 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.
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SRC.TI0N '; - RlJRnEN OF PROOF ANn RvmRNC.R~
The City shall have the burden of proof at the disciplinary hearing and shall be required to prove
the charges against the employee by a preponderance of the evidence. The disciplinary hearing
shall not be conducted according to the techmcal rules of evidence.
SEC.TTON 6 - C.ONnTICT OF mSCIPr.TNARY 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. Dunng the examination of a witness,
the Civil Service Board may exclude from the heanng, any and all other WItnesses The Civil
Service Board shall have the power to issue subpoenas to compel the attendance of witnesses or
the productJon of documents.
SRC.TTON 7 - c.JVTT. SFRVTC.R ROARn'S nRc.TSTON'
Within a reasonaBle time after the disciplinary hearing, the CIvil Service Board shall issue a
written decIsion contaming findings offact and conclusIOns oflaw. The Civil Service Board
shall have the authority to affinn, 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 admimstrative process.
Resolution NUmber ~
C1RTRVANCR PROCRnTJRRR
RRC.TTON 1- PlIRPORR OF C1RTRV ANC.R PROC.RnTJRR:
The grievance procedure shall be used to resolve employee complaints concerning terms and
conditIons of employment with the city. The grievance procedure shall not be used for:
(a)
The resolutIon of any complaint conceming any
disciplinary action; or
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(b) The resolution of any complaint concerning 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 relating to any concerted refusal to work.
RRCTTON? - INFORMAl. nTRClISSTON OF C1RTRVANCR'
When an employee has a compllllnt, the employee shall first informally discuss the matter With
the employee's immediate supervisor witlun 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 shall have the right
to file a formal grievance.
RRCTION 1- FORMAl. C1RTRVANCF. PROCRnTJRR'
The formal grievance procedure shall be used to resolve an employee's complaint not
satIsfactorily resolved by informal discussion.
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(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 superior. All formal
gnevances shall state the reasons for the complaint and the employee's suggested
solution.
(b) The formal grievance shall be presented to the department director. 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 department director shall render a written deciSIOn regarding
ItS merits. Ifthe department director's decision does not satIsfactorily resolve the
complaint, the employee may present the formal grievance to the personnel
officer. The gnevance shall be considered resolved and no further review of the
subject matter of the grievance shall be permitted 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 department director. Fllllure of the
department director to render a wntten decision on the gnevance within five (5)
working days constitutes a decision denying the grievance.
(c) When the employee presents a formal grievance to the personnel officer, the I
personnel officer shall diSCUSS the grievance with the employee and the employee's
representative. Within fifteen (15) days after meeting with the employee and the
employee's representative, the personnel officer shall render a written decision
regarding its merits. The decision of the personnel officer shall resolve the
gnevance and no further review of the subject matter of the grievance shall be
permitted within the city's administrative process.
Resolution NUmber~~]7
(d) The City shall not institute any reprisals against any employee or any
representative resulting from the use of the grievance procedure. The personnel
officer may designate a department director or third party to serve as the final
reviewer for employee grievances.
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(e)
An employee submitting a grievance and the employee's representative may use a
reasonable amount oftime during working hours to prepare for and present the
grievance.
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