HomeMy WebLinkAboutCC Res 5267 2004-08-09
RESOLUTION NUMBER :5 ~ 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 THE SUPERVISORS AND
PROFESSIONAL EMPLOYEES AND REPEALING ALL
RESOLUTIONS IN CONFLICT THEREWITH
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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
WHEREAS, the City of Seal Beach has met and conferred in good faith with the
Supervisors and Professional Employees for the purposes of discussing
said terms and conditions of employment; and
WHEREAS, the City of Seal Beach and the Supervisors and Professional Employees
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 the Supervisors and
Professional Employees and the City of Seal Beach for wages and benefits for July 1,
2004 - June 30, 2006.
PASSED, APPROVED AND DOPTED by the City Council of the City of Seal Beach
on q~ day of ~ , 2004 by the following vote:
I AYES: Councilmembers ~
~
NOES: Councilmembers
ABSENT: Councilmembers IJ~
Mayoff"
ATTEST:
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
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I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 5~.{.P 70n file in the
office of the City Clerk, passed, approved, and adopted by the City Council of the City of
Seal {)aCh, at a regular meeting thereof held on the qc.Ph. day of
AA~ ,2004.
~17A J.b/}t(~/
City Cl rk
Resolution Number :5 J..&7
EXHIBIT A
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Adopted by Resolution No. 5267
SEAL BEACH SUPERVISORS & PROFESSIONAL
EMPLOYEES ASSOCIATION
-MEMORANDUM OF UNDERSTANDING
FY 2004/06
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Resolution Number 5' :J-/.p1
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SEAL BEACH
AND
THE SEAL BEACH SUPERVISORS & PROFESSIONAL
EMPLOYEE ASSOCIATION
SECTION 1. RECOGNITION
Section 1.
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 tne purpose of this Memorandum of Understanding,
the Seal Beach Chapter of the Confidential/SupervisorylProfessional and Technical
Employees, an association of employees of the City of Seal Beach, hereinafter referred to
as "Association".
Section 2.
The City recognizes the Association as the representative of the employees in the
classification and assignments set forth in Section 1 above for the purpose of meeting its
obligations under this Memorandum of Understanding, the Meyer-Milias-Brown Act,
Government Code Section 3500 et seq., when City Rules, Regulations or laws affecting
wages, hours and/or other terms and conditions of employment are amended or changed.
Section 3.
The City agrees that the recognized representatives of Association not exceed four (4) in
number and shall be entitled to meet and confer with City during said recognized
representatives' normal working hours without suffering any loss in pay while absent
from the duties for such purpose. City a~so agrees that such representatives may utilize a
total of not more than three hours per year without suffering any loss in pay for such
absence for the purpose of meeting with employees who are members of Association
and/or other officers of Association.
Section 4.
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City recognizes Association's right to appoint or elect representatives to meet and confer
with City's management representatives on salaries, wages, and terms and conditions of
employment. Association agrees to notify City in writing as to the identity of the
representatives and of subsequent appointments, if any. Association and City agree that
employees appointed or elected, as Association representatives shall be required to work
full time.
Section 5.
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.
Section 6.
Representatives and/or officers of Association shall not interrupt the work of any
employee of City at any time to conduct business or other matters connected with
Association without prior consent of Management.
Resolution Number 6J...l.i1
Section 7.
This Memorandum of Understanding shall be effective by and between Management and
Association upon execution by Management and the required number of the duly
authorized recognized representatives of Association.
SECTION 2, MANAGEMENT RIGHTS
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The City reserves, retains and is vested, solely and exclusively, with all rights of
Management which have not been expressly abridged by specific provisions, of this
Resolution of Compensation, as such rights existed prior to the execution of this
Resolution.
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.
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C. To determine the necessity and organization of any service or activity conducted by
the City and expand or diminish services.
D. To determine the nature, manner, means and technology and extent of services to be
provided to the public.
E. To determine methods of financing.
F. To determine types of equipment or technology to be used.
G.
To determine and/or change the facilities, methods, technology, means,
organizational structure and size and composition of the work force and allocate and
assign work by which the City operations are to be conducted.
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H. To determine and change the number of locations, relocations, and types of
operations, processes and materials to be used in carrying out all City functions
including, but not limited to, the right to contract for or subcontract any work or
operation of the City. '
I. To assign work to and schedule employees in accordance with requirements set forth
in previous agreements, and to establish and change work schedules and
assignments upon reasonable notice insofar as such changes do not conflict with
previous Memorandums of Understanding.
1. To layoff employees from duties because oflack 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, and withhold salary increases and
benefits, or otherwise discipline employees for cause.
M.
To determine minimum qualifications, skills abilities, knowledge, selection
procedures and standards, job classifications and to reclassify employees in
accordance with this Memorandum of Understanding and applicable resolution and
codes ofthe City. .
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N. To hire, transfer, promote and demote employees for non-disciplinary reasons in
accordance with the Memorandum of Understanding and applicable resolution and
codes ofthe City.
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Resolution Nl1mber 5dJ..1 7 .
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 including but not limited
to, quality and quantity standards and to require compliance therewith.
Q.
To maintain order and efficiency in its facilities and operation.
R. To establish and promulgate and/or modify rules and regulations to maintain order
and safety and which are not in contravention with the Agreement.
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S. To restrict the activity of an employee organization on municipal property and on
municipal time except as set forth in this Memorandum of Understanding.
T. To take any and all necessary action to carry out the mission of the Agency in
emergencIes.
Where the City is required to make changes in its operations because of the requirements of
law, whenever the contemplated exercise of City Rights shall impact the wages, hours and
other terms and conditions Of employment ofthe bargaining unit, the City agrees to meet
and confer in good faith with representatives ofthe Association regarding the impact ofthe
contemplated exercise of such rights prior to exercising such rights, unless the matter of the
exercise of such rights is provided for in this Memorandum of Understanding.
SECTION 3, INSURANCE PROGRAMS
A.
Health and Dental
1. The City shall provide for full-time employees and eligible retired
employees a group hospital, medical and dental insurance plan.
2. The City shall contribute to the cost of each medical and dental plan
combined for each eligible employee and their dependents, up to the
following amounts:
For single employees
For employee and 1 dependent
For employee and 2 or more dependents
$333/month
$550/month
$720/month
Effective January 2005, the City shall contribute to the cost of each
medical and dental plan combined for each eligible employee and their
dependents, up to the following amounts:
For single employees
For employee and 1 dependent
For employee and 2 or more dependents
$393/month
$635/month
$830/month
Effective January 2006, the dollar amounts above shall be increased by an
amount equal to the average percentage increase of PERS medical plans
available in Orange County.
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.
Resolution Number 6J.&7
3. Included in the contributions listed above, is the minimum employer
contribution for health insurances required by the Public Employees
Medical and Hospital Care Act. This amount increases from $16 per
month to $97 per month in annual increments.
4.
Employees electing to waive enrollment in the City offered medical and
dental plans are eligible to receive $250 per month (after providing proof
of medical insurance through an alternative medical plan not offered by
the City). Effective January 2005, the payment will increase to $310 per
month.
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5. Part-time, seasonal, provisional and/or hourly employees shall not be,
eligible for participation in this program.
6. No person who is eligible to receive Worker's Compensation benefits is
eligible to receive duplicate benefits from the City's group medical
Insurance.
7. Full-time employees of the City who have completed thirty (30) days of
uninterrupted service shall be enrolled in this insurance program on the
, first day of the next succeeding month.
8. Employees who change classification from full-time to part-time
provisional, hourly or seasonal shall not be eligible for this benefit.
9.
City shall not pay premiums for any employee on leave of absence without
pay, who is absent from regular duties without authorization during the
month and/or for any employee who has terminated from City
employment for any reason. City shall pay premiums for employees
receiving temporary payments from Worker's Compensation Insurance.
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10. The City will work with all City employee Associations to discuss
alternate health care providers during the term of this Agreement.
B. Life Insurance
All employees incumbent in position classifications listed in Section 18 shall
receive a $50,000 life insurance policy paid by the City. Said insurance shall
become effective after the employee has completed thirty (30) days of
uninterrupted service with said employee to be enrolled in the program on the first
day of the next succeeding month.
C. Income Continuation
All employees incumbent in position classifications listed in Section 18 shall
receive an income continuation policy to provide for income continuation of
Sixty-Six and Two-Thirds Percent (66.67%) of the employee's monthly salary, up
to a maximum of Five Thousand Dollars ($5,000) per month, whichever is iesser.
Said insurance shall become effective after the employee has completed thirty
(30) days of uninterrupted service with said employee to be enrolled in the
program on the first day of the next succeeding month. Said income continuation
shall commence on the thirty-first (31st) day of sickness or other bona fide
absence or upon expiration of sick leave, whichever occurs later, and continuing
thereafter while the employee is absent from work for a period of up to age 65. .
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Resolution Number :5 ~u 7 .
SECTION 4, RETIREE HEALTH PLAN
A. All full-time employees incumbent in position classifications specified in Section
18.A of this Resolution shall have the option upon retirement, through the Public
Employees Retirement System Health Program (PERS), to continue participation
in the City's health insurance program at the employee's expense.
B.
All full-time incumbents in Confidential, Supervisory, and Professional and
Technical position classifications with 20 or more combined years of employment
with the City shall, upon retirement, be provided with individual health insurance
coverage through the Public Employees Retirement System Health Program
(PERS). .If said employee has 30 or more combined years of employment with
the City upon retirement, eligible dependent health insurance coverage shall also
be provided through the Public Employees Retirement System Health Program.
The City shallcdntribute to the cost of the selected coverage consistent with the
appropriate level as specified in Section 2-A.2. Of this Resolution. An employee
with a service retirement as of July 1, 1999 and with 30 or more combined years
of employment with the City upon retirement may also receive an increase to the
health insurance cap in effect at the time of his /her retirement (not to exceed $175
per month in additional contributions), until Medicare begins at age 65 with lower
supplemental insurance rates. This additional contribution to the cap is to
accommodate increases in health insurance plans over the term of the employee's
retirement.
C. In all cases, the City's contribution for eligible dependent coverage for retirees
shall tenhinate with the death of the retiree.
D.
In the event an eligible retired employee resides in an area were the health plans
provided by the City are not in effect, that retired employee shall be entitled to
receive in cash each month an amount equal to the monthly contribution the City
would otherwise have contributed to that retired employee toward health and
dental insurance premiums.
SECTION 5. SICKLEAVE
A. All full-time employees covered by this resolution shall accrue sick leave at the
rate of one (1) eight (8) hour day per month of service. Sick leave may be
accumulated up to and including 520 hours. Except as otherwise provided in this
resolution, no employee shall receive further accruals once the 520-hour
maximum is reached.
B. Employees who elected to retain sick leave balances prior to conversion to leave
time provision in July 1, 1987:
1. May utilize those balances for sick leave purposes.
2. Upon termination, shall be paid for the existing sick leave balance at one-
quarter (25%) of the employee's then applicable base rate of pay.
c.
Except as otherwise provided, employees shall not be eligible for any payment for
sick leave balances upon termination.
D. . Employees who are on authorized leaves of absence, without pay, shall not accrue
sick leave hours during said leaves of absence.
Resolution Number 5/)..Cl7
SECTION 6. BEREAVEMENT LEAVE
The City agrees to provide forty hours (40) bereavement leave with pay for death in the
immediate family. The bereavement leave shall not be chargeable to or accumulate as
sick time or leave time. "Immediate family" is defined as spouse, father, mother, son,
daugh~er, brother, sister, grandparent, grandchild, step-mother, step-father, step-children,
mother-in-law, father-in-law, domestic partner or dependent relative living with the
employee. '
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SECTION 7. VACATION
, A. All full-time employees covered by this resolution, who shall have at least one
year's continuous service as a full-time employee immediately proceeding, shall
be granted a vacation with pay of approximately 80 hours per year up to a
maximum of approximately 160 hours per year.
B. All full-time employees, who shall have at least five years of continuous service,
shall be entitled to eight (8) additional hours of vacation per year of full-time
continuous service for each year of service in excess of five years up to a
maximum of approximately 160 hours per year.
The vacation accrual schedule is effective the first payroll period of December,
1997, as follows:
Years
Of
Service
Vacation
Hours
Earned
Hourly Accrual
Rate Per Pay
Period
Maximum
Vacation
Earned
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
80
80
80
80
80
88
96
104
112
120
128
136
144
152
160
3.0769
3.0769
3.0769
3.0769
3.0769
3.3846
3.6923
4.0000
4.3076
4.6153
4.9230
5.2307
5.5384
5.8461
6.1538
80
80
80
80
80
88
96
104
112
120
128
136
144
152
160
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C. Employees of the City considered as hourly, part-time and/or seasonal employees
shall not be eligible for paid vacations.
D. Employees who have authorized leaves of absence without pay shall not
accumulate vacation credits or pay during said leave of absence.
E.
All full-time employees shall only be allowed to accrue a maximum of 240 hours
of vacation. Once this maximum is reached, all further accruals will cease.
Vacation accruals will recommence after the 'employee has taken vacation and the
employee's accrued hours drop below the maximum. The maximum can only be
exceeded with the approval ofthe City Manager in writing.
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F. , Employees are encouraged to use at least the amount of vacation hours earned
each fiscal year. Those employees who have been credited with preexisting leave
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Resolution Number :);2.[;7 '
hours are expected to use a portion of the excess as leave time, in addition to the
new vacation hours, each year until the maximum accrual is met. The City
recognizes that a number of long-term employees have accrued substantially more
leave time than shorter-term employees, and that it will likely take them
significantly longer to achieve the this goal. It is the intent ofthis section to
balance the personal interests of the employee with the financial concerns of the
City; as such, significant progress toward reaching the maximum accrual amounts
may be deemed a success.
Vacation leave time shall not be approved until such time as it has been earned,
unless prior, special arrangements have been made with the City Manager. The
time at which an employee shall take vacation leave shall be requested by the
employee prior to the start of the vacation leave period. Such vacation leave to be
taken shall be subject to the prior approval of the Department Head, or designee,
subsequent to consideration of the departmental workload and other staffing
considerations, such as but not limited to, the previously approved vacation
schedule of other employees, sick leave and position vacancies.
G. Not more than once in each fiscal year, an employee who has completed at least
. one (1) year of continuous service shall, upon request, receive compensation for
up to fifty (50) hours of accrued vacation time or banked leave hours provided
that the employee has taken an equal amount of vacation time off within that
(fiscal) year.
H.
Employees covered by this resolution shall cease accruing general leave effective
the first payroll period in December, 1997. Previously earned time shall be 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.
SECTION 8, HOLIDAYS
All employees incumbent in position classifications listed in Section 18 shall be granted
the following holidays with pay:
New Year's Day (January 1)
Martin Luther King Day (3rd Monday in January)
Washington's Birthday (Third Monday in February)
Memorial Day (Last Monday in May)
Independence Day (July 4)
Labor Day (First Monday in September)
Veteran's Day (November 11)
Thanksgiving Day (Fourth Thursday in November)
The Calendar Day following Thanksgiving Day
Christmas Eve (December 24)
Christmas Day (December 25)
Floating Holiday
A total of 12 holidavs annually.
Note: Floating holiday must be taken during the fiscal year in which they are granted.
Floating holiday may not be carried beyond the item of the compensation resolution or
into a new fiscal year. Floating holiday must be approved by the applicable department
head or designate.
Resolution Number t6:J.U7
SECTION 9, RETIREMENT SYSTEM
A. The retirement program provided by the City shall consist of a depooled Public
Employee's Retirement System (PERS) plan, which includes the following
prOVISIons:
1. Section 20024.2
2. Section 20862.9
3. Section 20930.0
One Year Final Compensation
Credit of Unused Sick Leave
Military Service Credit
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B. The City shall pay that portion of the affected employee's retirement contribution
that is equal to seven percent (7%) of the affected employees' base salary.
C. All employees incumbent in Lifeguard position classifications listed in Section 18
shall participate in the 3% at 50 formula plan for Local Safety Members.
D. The City shall provide PERS Section 21251.32 - 2% @ 55 for miscellaneous
members.
E. No later than February 1, 2004, the City will obtain an actuarial quotation for the
2.7% @ 55 Retirement Program. The actuarial quotation will be distributed to all
affected employee organizations. The City will meet with all affected
organizations to review the actuarial quotation.
F. The City agrees to obtain a quotation as to the cost of upgrading to the 1959
Fourth Level Survivqrs Benefit. The City will discuss the quotation with th~
Association upon its receipt.
SECTION 10. OVERTIME AND CALL OUT PAY
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A. Only employee's incumbent in position classifications listed in Section 18 as
Confidential, Supervisory, or Professional and Technical are eligible for overtime
or call-out pay.
B. Call out and overtime pay shall be paid at the rate oftime and one-half the hourly
rate. Minimum "call out" time (when returning to work) shall be two (2) hours.
C. Overtime will be computed by dividing the employee's regular monthly salary by
173.3 to arrive at an hourly wage. Paid overtime for the pay period is to be '
submitted and computed with the regular payroll.
D. Notwithstanding any provision of this Section, the employee shall be entitled to
select either compensated overtime or compensatory time off subject to budget
limitations and departmental rules and regulations.
SECTION 11. PROVISIONAL APPOINTMENTS
An employee, when authorized by the City Manager, may receive a provisional
appointment to a higher classification to fill a temporary vacancy. The employee, when
so appointed, must perform the duties and assume the responsibilities of the higher
classification for 1+0 consecutive working hours and shall be paid according to the step
in the assigned salary range ofthe new position which is a minimum offive (5%) percent
higher than the salary received before the provisional appointment (not to exceed the top
step).
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When necessary and in the best interest of the City, the City Manager may provisionally
assign an employee to a higher level of duty and responsibility than provided for in the
employee's assigned classification which is not otherwise a part of an adopted
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Resolution Number 5'~ 7
classification. In the case of such an assignment, the employee must perform the higher
level of duties for 80 consecutive working hours; thereafter the employee shall receive
additional compensation of 5% so long as the ,assignment is authorized by the City
Manager.
SECTION 12, SENIORITY BONUS
Employees who have achieved ten years of uninterrupted employment with the City shall
receive a five percent (5%) increase in base salary effective on the 10th anniversary of
their employment. Sworn police personnel are exempt from this section.
, SECTION 13, AUTOMOBILES AND MILEAGE
A. Officers and employees of the City, utilizing their privately-owned automobiles
for City business on a non-regular basis, shall be entitled to reimbursement for
costs incurred at the rate established by Internal Revenue Service (IRS).
B. If the City does not provide a City vehicle, then the incumbents in the position
classification of Building Inspector shall be reimbursed at the rate of Four
Hundred Dollars ($400) per month for the use oftheir privately owned
automobild for the execution of their job duties on a regular basis. Building
Inspectors who utilize private vehicles for City business may utilize, to a
maximum of once per week, the City-assigned car wash for the purpose of
washing their vehicles used for City business.
SECTION 14. ADMINISTRATIVE LEAVE
A.
All incumbents ,in Confidential, Supervisory, and Professional and Technical
position classifications shall be entitled to 2 (two) days of administrative leave
duririg each fiscal year.
B. Administrative leave days may not be carried forward to succeeding years nor
may they be turned in for cash value.
SECTION 15, LIMITATIONS
A. No employee who is eligible to receive workman's compensation is eligible to
receive overlapping benefits (except life insurance) stated in this resolution.
B. City shall not make any monthly payments for premiums for any insurance
benefit listed in this resolution, or uniform allowance, supplemental pay of any
type and/or type of bonus on behalf of or to any employee who has been absent
without authorization during said month or for any employee who has terminated
for any reasons whatsoever or who is on leave of absence without pay of who is
suspended from duties without pay.
SECTION 16. DEFERRED COMPENSATION
The City shall contribute the amount of $40.00 per payroll period into a deferred
compensation program for each incumbent in the Confidential, Supervisory, or
Professional and Technical position classifications.
SECTION 17, BILINGUAL COMPENSATION'
A. Upon the recommendation of a department director, the City Manager may award
a bilingual compensation bonus of $52.50 per payroll period to those employees
in positions determined to require bilingual skills.
Resolution Number S~&7
B. The City Manager shall require the taking of competency tests to certify the
employee as eligible for bilingual compensation based on the employee's
proficiency in speaking the language determined to be required. Such
certification shall be a condition precedent to qualifying for bilingual pay.
SECTION 18, WORK SCHEDULE
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At the discretion of the City Manager, work schedules may be altered to include shifts of
four nine-hour days each week and one additional eight-hour day on alternate weeks
(9/80 plan) or four ten hour days (4/10 plan).
SECTION 19, TUITION REIMBURSEMENT
The City agrees to modify the existing Tuition Reimbursement Program to provide for
maximum annual reimbursement of $1 ,500.
SECTION 20, PAY FOR PERFORMANCE PLAN
Management will research a pay for performance merit plan with specifically defined
criteria for eligibility under the plan for consideration by employees for the next fiscal
year contract. '
SECTION 21. SALARIES
Salary ranges will become effective as specified in attached Exhibit Band C. The
Exhibits include three '(3%) percent increases in July 2004 and July 2005.
SECTION 22, LEAVES OF ABSENCE
Section 1. Authorized Leave of Absence Without Pay
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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 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 (1) 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 notice to return to duty shall be cause for discharge.
D. During any authorized leave of absence without pay, an employee shall not be
eligible to accumulate or receive fringe benefits, except as specifically provided
for in this Memorandum of Understanding, except that the City shall contribute to
an employee's medical and dental health plan, disability insurance plan, life
insurance plan for the first thirty (30) days of leave of absence.
Section 2. Bereavement Leave
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The City agrees to provide forty (40) hours bereavement leave with pay for death in the
immediate family. The bereavement leave shall not be chargeable to or accumulate as
sick time. "Immediate family" is defined as spouse, the father, mother, son, daughter,
brother, sister, grandparents, grandchild, step-mother, step-father, mother-in-law, father-
in-law, domestic partner, or dependent relatives living with the employee.
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Resolution Number 5" & 7
Section 3. Military Leave of Absence
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 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 life insurance and retirement (if applicable) for the first three (3)
months of military leave. During said period, the employee shall be required to
pay to the City the same co-payments as required of other employees. After the
first three (3) months of military leave, the employee may continue said benefits
at his cost.
Section 4. Pregnancy Dis;lbility Leave of Absence
A. An employee who is disabled due to pregnancy shall be granted a pregnancy
disability leave as provided by the State of California and the Federal Family
Medical Leave Act. The employee may elect to take a lesser period of leave.
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.
Section 5. Family Leave
Upon a demonstration of need and subject to the following conditions, an employee may
take leave or unpaid leave to care for his newborn infant, whether through parentage or
adoption, or to care for a seriously ill or injured member of the employees "immediate
family" as defined in Article XN.
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 precyding the time when the leave is to
begin.
C. Operational needs of the City shall be relevant in determinations regarding the
granting of family leave in accordance with the provisions of State and Federal
Family Leave laws.
D. In the event of an extended family leave, the employee may be required to
periodically report on the status of the situation giving rise to the leave.
E.
Family leave may be granted only upon the recommendation of the Department
Head and approval of the City Manager consistent with the provisions of State
and Federal Family Leave laws.
F. A maximum 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.
Resolution Number '5J.&1
Section 6. Catastrophic Leave
The purpose of the Catastrophic Leave Pool is to enable full time employees to receive
and donate vacation, administrative leave, and compensatory time off (CTO) leave
credits on an hour for hour basis to assist employees who have no leave and who will
suffer a financial hardship due to prolonged illness or injury to themselves or a member
of their immediate family. Sick Leave is excluded from this program.
The following conditions shall apply to Catastrophic Leave:
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A. Catastrophic Leave will be available only to employees who have exhausted their
own paid le,ave through bona fide serious illness or accident.
B. The leave pool shall be administered by the Finance Department.
C. Employees must be in regular full-time appointed positions to be eligible for
catastrophic leave.
D. Employees receiving Long-Term Disability payments are excluded 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 specifying the specific
employee to be a recipient of the donation.
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H. Donations will be subject to applicable tax laws.
I. The availability of Catastrophic Leave shall not delay or pr~vent the City from
taking action to medically separate or disability retires an employee.
J. Catastrophic Leave due to illness or injury of an immediate family member, may
require medical justification as evidenced by a Physician's Statement that the
presence ofthe employee is necessary.
K. Catastrophic Leave due to the illness or injury of the employee will require
medical justification as evidenced by a Physician's Statement as to the
employee's condition.
SECTION 23, MISCELLANEOUS
Layoff: The City to give Association forty-five (45) days prior notice prior to the
effective day of any layoffs. During this forty-five (45) day period, the City
will, upon request, meet and confer on the impact of the layoffs.
SECTION 24, TERM
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The term of this Resolution shall commence on July 1,2004 and shall continue through
June 30, 2006, a two-year term.
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I
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Resolution Number ?d-U 7
SECTION 25, RATIFICATION
This Memorandum of Understanding is subject to approval and adoption by the City
Council and ratification of the required number of the duly authorized representatives of
the Association. Following such approval and adoption, the Memorandum of
Understanding shall be implemented by the appropriate resolution(s), ordinance(s), or
other written action of the City Council.
IN WITNESS HEREOF, the parties have hereto caused this Memorandum.ofUnderstanding to
be executed this,~ day of Agls-r , 2004.
ENT REPRESENTATIVE:
JO
SEAL B :ACH SUr>ERVISORS AND PROFESSIONAL EMPLOYEES REPRESENTATIVES:
O~f,f:\()
(:;ol.r )V, ~ "
~~~,~agle 11 (/1/1 r
, ~..[ll{
Kathleen McGlynn
...-.:-
14
Resolution Number ~7
EXHIBIT.B
The following salaries were effective the first payroll period in July, 2005:
POSITION: SALARY RANGE
Ran2:e 1 2 3 4 5
Confidential:
Secretary to City Manager 38A 3411 3582 3761 3949 4146
Deputy City Clerk 37E 3395 3565 3743 3930 4127
Secretary to Police Chief 34A 3090 3245 3407 3577 3756
Executive Secretary 32A 2942 3089 3243 3405 3575
Accounting Technician 30C 2828 2969 3117 3273 3437
Supervisory: '
PublicW orks Supervisor 47B 4280 4494 4719 4955 5203
Chief Water Operator 47B 4280 4494 4719 4955 5203 I
Equipment Supervisor 45A 4054 4257 4470 4693 4928
Recreation Supervisor' 44A 3955 4153 4361 4579 4808
Professional and Technical
Building Inspector 44A 3955 4153 4361 4579 4808
Senior Building Inspector 48A 4365 4583 4812 5053 5306
Lifeguard Lieutenant 46A 4155 4363 4581 4810 5051
Public Works Assistant 41C 3710 3895 4090 4295 4510
Marine Yearly Lifeguard 36C 3279 3443 3615 3796 3986