HomeMy WebLinkAboutCC Res 5269 2004-09-13
RESOLUTION NUMBER ~ ~ f.p 9
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
WHEREAS, the Government Code of the State of California prescribes a procedure for
resolving matters regarding wages, hours and other terms and conditions
of employment; and
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WHEREAS, the City of Seal Beach has met and conferred in good faith with the
Orange County Employees Association for the purposes of discussing 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 Understanding between the Orange County
Employees Association and the City of Seal Beach for wages and benefits for July 1,
2004 - June 30, 2006.
PASSED, APPROVED AND tDOPTED by the City Council of the City of Seal Beach
on I ?) IJ-11 day of ~;Q-"17'"' if.Vt ,2004 by the following vote:
A YES: councilmembers c7)0AAIJ-n I ~I L~ I r
NOES: Councilmembers vJ1~71 p
ABSTAIN: Councilmembers ()y~
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Mayor
ATTEST:
~ JJ~I
Lind Devine; Gity Clerk
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ST ATE OF CAL~.oRN:I~)
COUNTY OF-ORANGE,,~) SS
CITY qF SEAt;'~'EACIfi ) "
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I, Linda~Qeyine, CitYJJ'1erk of Seal Beach, California, do hereby certify that the
foregoingrbs'61uti~n'1S' the original copy of Resolution Number ,'S(}..&;7 on file in the
office of the City Clerk, passed, approved, and adopted by the City Council of the City of
Seal Beach, at a regular meeting thereof held on the /.3~ day of
l-~n.1N /! ,2004. '
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Resolution Number :>~&7
Adopted by Resolution No. 5269 on September 13, 2004
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EXHIBIT A
MEMORANDUM OF UNDERSTANDING
ORANGE COUNTY EMPLOYEES ASSOCIATION
FY 2004/2006
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Resolution Number ;Jd.-ft;t;
TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
ASSOCIATION
ORANGE COUNTY EMPLOYEES
PAGE NUMBER
ARTICLE 1. Recognition
Section 1.' Employee Ordinance
Section 2. Recognition
Section 3. Number of Representatives
Section 4. Bulletin Board
Section 5. Election
Section 6. Meetings
Section 7. Conduct of Business
Section 8. List of Current Employees
Section 9. Effective
ARTICLE II. DUES AND BENEFIT DEDUCTIONS
Section 1. Payroll Deductions
Section 2. Employee Association Dues
Section 3. Indemnification
ARTICLE III. CITY RIGHTS
Section 1. RightslResponsibilities
Section 2. Operation Changes
ARTICLE N. NON-DISCRIMINATION
Section 1. Equal Employment Opportunity
Section 2. Use of Gender
ARTICLE V. COMPENSATION PLAN
Section 1. Basic Compensation Plan
Section 2. Advancement within Salary Ranges
Section 3. Salary Increases
A. Promotional Appointment,
B. Temporary Appointment
Section 4. Salary Decreases
Section 5. Adjustments of Salary Ranges
Section 6. Salary and Benefits on Suspension
Section 7. Salary Adjustments During Term ofMOU
Section 8. Miscellaneous
ARTICLE VI. SPECIAL PAY PROVISIONS
Section 1.
Section 2.
Section 3.
Section 4.
A.
B.
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
A.
B.
e.
D.
Section 10.
Section 11.
AutomobileslMileage
Maintenance Worker Merit Program
Seniority Bonus
'Standby Compensation
Animal Control
PW Employees
Shift Differential
Traffic Signal Technician Pay
Class AIB License Pay
Training Program
Uniforms & EquipmentlUniform Allowance
Public Works Department Employees
Police Department Employees (Non-Sworn Members)
Safety Shoes
Equipment Certification Program
Water Treatment/Water Distribution Pay
Deferred Compensation Program
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Resolution Number 5~~9
ARTICLE VIT. FRINGE BENEFIT ADMINISTRATION
Section 1. Administration 8
Section 2. Selection and Funding 8
Section 3. Changes 8
ARTICLE Vill. HEALTH, DENTAL, LIFE; & DISABILITY INSURANCE
Section 1. Coverage - Health and Dental Insurance 8
Section 2. Retirement Health 9
I Section 3. Life Insurance 9
Section 4. Disability Insurance Plan 9
Section 5. Premium Only Plan (POP) 10
ARTICLE IX. RETIREMENT 10
ARTICLE X. HOURS OF WORK 10
ARTICLE XI. OVERTIME
Section 1. Overtime and Call-Out Pay 10
Section 2. Court Provision 11
ARTICLE xn. HOLIDAYS 11
ARTICLE xm. SICK LEA VE 12
ARTICLE XN VACATION TIME 12
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ARTICLE XV: LEAVES OF ABSENCE
Section 1. Authorized Leave of Absence Without Pay 13
Section 2. Bereavement Leave 14
I Section 3. Military Leave 14
Section 4. Pregnancy Disability Leave 14
Section 5. Family Leave 14
Section 6. Catastrophic Leave 14
ARTICLE XVI. JURY DUTY 15
ARTICLE XVIT. PROBATIONARY PERIODS
Section 1. Appointment Following Probation Period 16
Section 2. Objective of Probationary Period 16
Section 3. Employee Performance Appraisal 16
Section 4. Rejection of Probationary Employee 16
ARTICLE XVill. LAYOFF PROCEDURES 16
ARTICLE XIX. SAFETY COMMITTEE PROGRAM 17
ARTICLE XX. ANTI-DRUGI ALCOHOL POLICY MANDATED BY 17
FEDERAL REGULATIONS FOR CERTAIN EMPLOYEES
ARTICLE XXI. ENTIRE MEMORANDUM OF UNDERSTANDING
I Section 1. Merger of Negotiations 17
Section 2. Contradictions 17
Section 3. Conditions 17
Section 4. Separability 17
ARTICLE xxn. TERM OF MEMORANDUM OF UNDERSTANDING 18
ARTICLE XXIII. EMERGENCY WANER PROVISION 18
ARTICLE XXIII. RA TIFICA TION 18
ATTACHMENT A. SALARY DETAIL 19
Resolution Number ;)J-U;1
ATTACHMENT B. SALARY DETAIL
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APPENDICES. Appeal Procedures - Personnel Rule XN
Grievance Procedures - Personnel Rule XV
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Resolution Number 5dJ.p'j
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SEAL BEACH
AND ORANGE COUNT EMPLOYEES ASSOCIATION
ARTTrT.R 1 RRCOGNTTTON
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 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 "Association" representing all full-time non-safety
employees of the City except those employees determined to be professional, confidential,
administrative"management and certain specified supervisory employees; and
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 1. The City agrees that the recognized representatives of Association not exceed four
(4) in number and shall be entitled toineet 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 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. 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.
Section 5. 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 n. 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 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.
Section R. During the term of this Memorandum of Understanding, the City shall provide to
OCEA, upon receipt of a written request, a listing of all current employees in this unit not
exceeding twice per year. Such listing shall include employee name and job classification. OCEA
agrees to pay necessary costs to provide such lists.
Section 9 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.
Resolution Number ?d.-f..t;Cj
A R TTrT .E IT DT JES AND BENEFTT DEDT rrTTONS
Section 1.
P}1yroll Deductions
The City shall not be required to make payroll deductions for any other items or reasons except as
specified in this Memorandum of Understanding. Management shall determine in the interest of
cost and efficiency as to whether said deductions shall be on a monthly basis or on each semi-
monthly payroll. Management may require notice from employee of any change or modification in I
any payroll deduction authorized in this section of this Memorandum of Understanding. Said
notice may be required at least ten (10) days prior to the effective date of said requested
modification or change. Management agrees that payroll deductions are authorized for purposes of
any employee depositing funds or making payments directly to a federal credit urrion 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 purpose as authorized by Management.
Section 2.
Employee Association Dues
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 within (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 Association
shall constitute paYment of said dues of such employee and member of Association.
Section 1.
Tndemnification
The Association agrees to hold the City harmless 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 intentiona,l failure of the City to transmit to the Association monies deducted from the
employees pursuant to this Article.
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ARTTrT.E ill rTTY RTGHTS
Section 1.
R i ehtslR esponsihi liti es
This City reserves, retains 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 prior to the execution of this
Memorandum of Understanding. The sole and exclusive rights of Management, as they are not
abridged by this Agreement or by law, shall include but not be limited to, the following rights:
A. To manage the City generally and to determine the issues of policy.
B. To determine the existence or nonexistence of facts which are the basis of the Management
decision.
C. To determine the necessity and organization of any service or activity conducted by the City
and expand or diminish services.
D. To determine the nature, manner, means and technology and extent of services to be provided I
to the public.
E. To determine methods of financing.
F. To determine types of equipment or technology to be used.
G. To determine ap.d1or 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.
H. To determine and change the number of locations, relocations, and types of operations,
Resolution Number ?;;;'~1
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.
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J. 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, 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 appliyable resolution and codes of the City.
N. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance
with the Memorandum of Understanding and applicable resolution and codes of the City.
O. To 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 st~dards and to require compliance therewith.
1 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.
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.
Section 2. Where the City is required to make changes in its operations because of the
requirements of law, whenever the contemplated exercise of City Rights shall impact the wages,
hours and other terms and conditions of employment of the bargaining unit, the City agrees to meet
and confer in good faith with representatives of the Association regarding the impact of the
contemplated exercise of such rights prior to exercising such rights, unless the matter of the
exercise of such rights is provided for in this Memorandum of Understanding.
ARTICLE TV - NON-DISCRTMINATION
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Section 1. The City and the Association agree that they shall not discriminate against any
employee because of race, color, sex, age, national origin, physical handicap, marital status,
political or religious opinions or affiliations. The City and the Association shall reopen any
provision of tIus Memorandum of Understanding for the purpose of complying with any final order
of the Federal or State agency or Court of competent jurisdiction requiring a modification or change
in any provision or provisions of this Memorandum of Understanding in compliance with State or
Federal anti-discrimination laws. ' i
Section 2. Whenever the masculine gender is, used iin this Memorandum of Understanding, it
shall be understood to include the feminine gender.
Resolution Number 5~&C;
A R TTC] ,R V - rOMPRNS A TTON PT ,A N
Sedion 1
R~sic rompens~tion Pl~n
A. All employees covered by this Memorandum of Understanding shall be included under the
Basic Compensation Plan. Every classification under this Plan shall be assigned a salary range
adopted by the City Council. The salary schedule shall consist of five (5) steps within each range.
B. The first step is a minimum rate and is normally the hiring rate for the classification. An 1
employee may be assigned, upon appointment, to other than the normal, entering salary step within
the assigned range upon the recommendation of the Department Head and with the approval of the
City Manager when it is decided that such action is in the best interests of the City.
t. The second step, B step, is a merit adjustment which may be given at the end of the
probationary period subject to the recommendation of the Department Head and with the approval
of the City Manager.
D. The third, fourth and fifth steps are merit adjustments to encourage an employee to improve
his work and to recognize increased skill on the job. Employees are normally eligible for these
adjustments at any time after the completion of one (1) year of service at the preceding step. Each
adjustment shall be made subject to the recommendation of the Department Head and with the
approval ofthe City Manager.
Sedion 2.
Adv~ncement within S~I~ry R~nees
A. In order to properly compensate an employee, advancement in salary shall be based on merit.
B. Advancement in salary shall not be automatic, but shall depend upon increased service value
of the employe~ to the City.
C. The Department Head and/or the employee's immediate supervisor shall be responsible to I
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 promotion. Nothing
contained herein shall restrict the Department Head from denying the increase after evaluation, nor
shall it prevent him from recommending a special performance advancement in salary at any time
when unusual or outstanding achievement has been demonstrated.
Section 1.
S~ l~ry Tncre~ses
A. Promotional Appointment - When an employee is promoted to a position with a higher salary
range, the employee shall be compensated at a step of the salary range assigned to the new position
that is closest to providing a 5% salary increase over the base salary received immediately prior to
promotion.
B. Temporary Appointment - City agrees that employees assigned, in an acting capacity, to a
higher classification than the employees' present classification for a period of not less than 120
consecutive working hours shall be 'entitled to move-up pay. In addition, employees who are I
assigned by the department director in writing to regularly scheduled acting assignments of less
than 120 hours shall also be entitled to move-up pay. Move-up pay will be retroactive to the first
hour served in the higher classification and shall be paid at a rate equal to the first step of the higher
classification but in no event shall move-up pay be less than five percent (5%) more of the
employee's current rate.
Section 4.
S~I~ry Decre~ses
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.
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Resolution Numter 5;;...&0
The employee shall retain his previous anniversary date.
Section 5.
Adjustments of S~I::ny R~nges
When a salary range for a given classification is revised upward or downward, the incumbents of
positions and classifications affected shall have their existing salary adjusted to the same relative
step in the new salary range and their anniversary date shall not be changed.
Section n.
S~ I~ry ~ncl Benefits on Suspension
During suspension from the City service for disciplinary cause, an employee shall forfeit all rights,
privileges and salary, except he shall not forfeit his medical health plans,; including dental,
retirement plan, disability insurance or life insurance. Should such suspension be later modified or
revoked, the employee shall be entitled to receive payment for loss of income and benefits during
the period of suspension.
Section 7.
S~I~ry Adjustments Durine Term ofMemor~ndum of
T Jnderst~ndine
A. The salary schedule for each position classification affected is hereby determined 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. The
Attachments include a four (4%) percent increase in July 2004 and a three (3%) precent increase
in July 2005.
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.
Section R.
Miscel1~neous
The City agrees to obtain available salary benchmark comparison CALP ACS survey data for
Orange County cities for use during negotiations for the period beginning July 2006.
A R TT(~T ,E VT SPECT AT, PAY PR OVTSTONS
Section 1.
Automohiles ~nd Mile~ee
Officers and employees of the City, utilizing their privately-owned automobiles for City business
on a non-regular basis, shall be entitled to reimbursement for costs incurred at the rate established
by the Internal Revenue Service (IRS).
Section 2.
Mainten~l1ce Worker Merit Proer~m
Under the provisions of tills 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:
1) 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.
Resolution Number Sc2/.;9
3) Employee must have been rated satisfactory on most recent performance evaluation.
Any vacancies in the Maintenance Worker I or II work force will be recruited at the Maintenance
Worker I level.
Section 1.
Seniority 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 10th anniversary of their employment.
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Section 4.
Standhy Compensation
A. 1. Standby Compensation - Animal Control
Animal Control officers on standby assignment shall be compensated at a rate of eight hours
straight time pay and eight hours of compensatory time earned per month.
B. 1. Standby Compensation - Utilities Division:
Each employee of the Utilities DivisiQn (Water, Sewer) who is assigned by the Water
Superintendent to standby duty will be compensated for one (1) hour of overtime pay each
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 possessing the proper water operators certification and has a
familiarity with the water and sewer system.
2. No compensation will be provided personnel serving as "backup" to the regularly scheduled
person assigned to standby duty.
3. Employees op standby duty who are called out will be compensated in accordance with
Section 15.
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4. Employees assigned to standby duty are required to respond to utility related emergencies on
a twenty-four (24) hour basis. However, in the event that a maintenance supervisor or other,
maintenance employee cannot be contacted during non-utility related emergency, the person
assigned to standby duty will be expected to respond upon notification.
5. Personnel assigned to standby duty are required to carry with them or have nearby, a paging
device (beeper) during all non-regular working hours and also must confine their activities
to the extent that they remain within twenty (20) minutes driving time of the City of Seal
Beach at all times. In addition, standby personnel will be required to have in their
possession a current roster listing each employee in the Utility Division with their telephone
number. '
Section 'i.
Shift Differential
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 oftime and one-half for time worked during
that period.
Section n.
Traffic Siena! Technician Pay
Each employee in the Public Works Department in the classification of Electrician who has a Level I
2 Traffic Signal Technician Certificate from the International Municipal Signal Association will be
entitled to receive Thirty Dollars ($30.00) per payroll period.
Section 7
C!ass AIR T ,icense Pay
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Each full-time employee in the Public Works Department required by the City to maintain a Class
A or B license for the performance of their work, will be entitled to received Thirty Dollars
($30.00) per payroll period, effective the first payroll period following ratification by Council. The
Public Works Director or his designee will notify Personnel Office of eligible employees.
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Resolution Numb~r '5 J.-.~ 7
Section R
Traininr; Proeram
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 instruction that will be
mutually and immediately beneficial to the employee and the City. Prior to enrolling in a class for
desirable 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 policy 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. Prior to
enrolling in a seminar or conference, an employee wishing reimbursement for his or her expenses
shall obtain the approval of the Department Head and the City Manager. Once approvals are given,
those employees will be reimbursed on a cost basis after presenting receipts for allowable expenses
per administrative training and per diem policy.
Section 9.
TJnifonns /(.[ RqnipmentlTTnifonn Allowance
A. Public Works Department Employees
Each employee of the Department of Public Works, except clerical, engineering and related
classifications as determined 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 Animal
Control Officer, Police Records Technician and Community Services Officer assigned to wear a
uniform as a condition of employment shall be entitled to a sum of twenty dollars ($20.00) per
payroll period. In addition, new employees of non-sworn status in the Police Department shall
receive initial unilorms 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 uniform, the
$20.00 per payroll period uniform allowance shall be reinstated.
C. Safety Shoes - City agrees to provide acceptable safety shoes at current market prices for
authorized employees of the Public Works Department.
D. Equipment Certification Program - City agrees to establish a program for certification
for operation of dangerous equipment to inc!ude a safety officer from among represented
employees.
I. The City shall establish a Safety Committee to review and recommend safety
procedures.
Section 10. Water Treatment/Water Disttihntion Pay
Water TreatmentlWater Distribution Pay - Each Public Works Employee in the classification of
Senior Water Utility Operator or Water Utility Operator who has received a Grade III Water
Treatment Operator Certificate from the California Department of Health Services or Grade III
Water Distribution Operator Certificate from the American W ater Works Association will be
entitled to receive Thirty Dollars ($30.00) per payroll period.
Resolution Number 5~ (PC)
Section 11 Deferren rompemmtion ProerHm
The City shall contribute $10 per pay period into a deferred compensation program for eligible
employees~ .
ARTTrT ,E VTI FRTNGE BENEFTT ADMTNTSTRATTON
Section 1.
Anmini~trHtion
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The City reserves the right to select, change, administer or fund any fringe benefit programs
involving insurance that now exists or may exist in the future during the term of this Memorandum
of Understanding.
Section 2.
Selection Hnn Fl1nnin~
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In the administration of fringe benefit programs irivolving insurance, the City shall have the right to
select any insurance carrier or other method providing coverage to fund the benefits provided
; hereinafter during the term ofthis Memorandum of Understanding.
Section 1.
rtlHnee~
Provided, however, that the City shall notify the Association prior to any change of insurance
carrier or method of funding' coverage for any fringe 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 time to time. Within the term ofthis agreement, the
City may provide alternative health plans.
ARTTrT.E vrn HEALTH, DENTAL, TIFE & DTSABlT,TTY TNSTTRANrE
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Section 1.
Coverage - Health Insurance
A. The City shall provide for eligible employees a group hospital, medical and dental
insurance plan.
B. The City shall contribute to the cost of each medicaVdental plan for each eligible
employee and their dependents, up to the following amounts:
The City shall contribute to the cost of each medicaVdental 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 dependent
$400/month
$660/month
$865/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
$420/month
$690/month
$905/month
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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 deductt;:d from the affected employee's payroll check on
the first two pay periods for each month.
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R~solution Number 5~l.R(1
A portion of the cafeteria plan, $16 per month per employee, is identified as the medical
contribution is paid by the City of Seal Beach to the Public Employees Retirement System Health
Program premium on behalf of the employee. SB 1464 became effective January 1, 2003 and
incrementally increases the minimum employer contribution for agencies participating in the Public
Employees Medical and Hospital Care Act from $16 per month per employeelretiree to a maximum
of $97 per month by year 2008.
C. The City shall not change medical/dental insurance plans during the term of this agreement
without first meeting and conferring on the proposed change.
D. Employees who elect to waive enrollment in medical and dental coverage may receive $250
per month (upon showing proof of health insurance coverage under an alternative plan.) Election
forms 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
duplicate benefits from the City's group medical insurance.
G. 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 ofthe next succeeding month.
H. Employees who change classification from full-time to part-time provisional, hourly or
seasonal shall not be eligible for this benefit.
I. 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 2.
Retirement He~lth Tmmr~nce
A. Employees covered by this 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 ()r 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 specified in Article Vlli, SectionlB of this
Memorandum of Understanding.
C. In all cases, the City's contribution for eligible dependent coverage for retirees shall
terminate with the death of the retiree.
Section 1.
T .ire Tmmr~nce
Management agrees to provide a group life insurance plan providing life insurance coverage of
Twenty-Five Thousand Dollars ($25,000) for each full-time classified non-safety employee
represented by the Association, a double indemnity accidental death benefit, and a dependent death
benefit 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 uninterrupted service with
said employee to be enrolled in the program on the first day of the next succeeding month.
Section 4
nis~hility Tnsllf~nce PI~n
The City shall provide a group insurance plan for income continuation for eligible employees. Said
insurance to provide an income continuation of Sixty-Six and Two-Thirds Percent (66.67%) of the
employee's monthly salary, up to a maximum of Five Thousand Dollars ($5,000) per month, for a
period oftime not to exceed the length of injury or illness, up to the age of65. Said insurance shall
become effective after the employee has completed thirty (30) days of uninterrupted service with
Resolution Number 5J.J.~q
said employee to be enrolled in the program on the first day of the next succeeding month.
Section 5. Premium Only Phm (POP)
The City will provide a Premium Only Plan (POP) for health and dental benefits. The plan will
allow for premium payments for premium payments for medical and dental insurance coverage to
be made before taxes (non-taxable) through salary reduction.
ARTTC1.E IX
RETIREMENT
I
The retirement program provided by the City shall consist of a depooled PERS plan which includes
the following Government 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.
3rd Level of 1959 Survivor Benefits
2% @ 55
The City shall pay that portion of the affected employee's retirement contribution that is equal to
seven percent (7%) ofthe affected employees' base salary.
ARTTrT.E X ROHRS OF WORK
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.
R At the discretion of the department head: Secretary and Account Clerk, Police Records 1
Technician, Animal Control Officer and Community Services Officer positions may be scheduled
in shifts of four nine-hour days each week and one additional eight-hour day on alternate weeks,
referred to as the 9/80 plan, or may be scheduled in shifts of four ten-hour days each week, referred
to as the 4/10 plan. The Animal Control Officer may be scheduled in shifts of five eight-hour days,
referred to as 5/8 plan. Additionally, other non-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 September.
C. All General Unit Orange County Employees Association members shall be granted one-half
(1/2) hour paid release time to attend quarterly Association meetings and two additional one-half
(112) hours for meetings to be called at the discretion of the Association.' Such release time shall be
taken in 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.
ARTlrT.E Xl OVERTTME
Section 1.
Overtime and rail-Out Pay
A. If work beyond normal workday, workweek or work period is required, the employee who I
may be asked to perform such overtime shall be notified of the apparent need for such overtime as
soon as practicable prior to when the overtime is expected to begin.
B. If the responsible supervisor determines that overtime is necessary on work started on an
assigned shift, t~e assigned employee(s) may continue with that work as an extension of their
assigned shift.
C. Call out and overtime pay shall be paid at the rate of time and one-half the hourly rate.
Minimum "call out" time (when returning to work) shall be two (2) hours.
D. Overtime will be computed by dividing the employee's regular monthly salary ~y 173.3 to
arrive at an hourly wage. Paid overtime for the payroll period is to be submitted and computed with
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,Resolution Number 5;L(pCj
the regular payroll.
E. Notwithstanding any provision of this Section, employee shall be entitled to select either
compensated overtime or compensatory time off subject to budget limitations 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.
Section 2
romt Time
A. All eligible employees called for a subpoenaed court appearance which arises our of the
course of employment and riot contiguous with the employee's work shift shall be compensated for
a minimum of two-and-two-thirds (2-2/3) hours at the rate of one and one-half (1-112) 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 shall begin when the employee department~ from the Police Station to go directly to court.
B. Any appearance that is contiguous with a regular work shift is not subject to the two and two-
thirds minimum.
C, All employees agree to comply with "on-call" policies aoministered by their department.
Should an eligible employee beplaceo "on'::call" du.gng off duty hours for court appearance(s), he
shall be granted two hours pay at the employee's straight time hourly rate for any on call time prior
to 12:00 noon and two hours for all on call time after the hour of 12:00 noon.
ARTTrT.E XTT HOT.IDAYS
A. The City agrees to grant all employees a full shift pay for each ,holiday recognized by City.
Every full-time employee of the City, except employees of the Police Department who are
classified as safety members of the Public Employees' Retirement System, shall be granted the
following holidays with pay: '
New Year's Day (January 1)
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)
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)
ONE (1) FLOATING HOLIDA y*
A total of 12 holidays annually.
*The floating holiday must be taken during each fiscal year (July 1st through Jmie 30th). Floating
holidays may not be carried forward beyond the term of this agreement. Floating holidays must be
approved by the department head.
B. When a holidf;ly falls on a Sunday, the next day shall be observed as a holiday. When a holiday
falls on a Saturday, the preceding day shall be observed as a holiday.
C. When a 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.
Resolution Number 'Sd-.{pq
D. An employee who is required to work on a holiday, shall receive pay computed at one and
one-half (1-112) times the employees' basic hourly rate for the nUmber of hours actually worked. In
addition, the employee shall receive compensatory time for each holiday worked.
E. Holidays which fall during an employees' leave time shall not be charged against the
employees' leave time balance.
A R TTrT ,R xm STrK T ,RA VE
1
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. 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 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%) ofthe employee's then applicabl~ base rate of pay.
D. Except as otherwise provided, employees shall not be eligible for any payment for sick
leave balances upon termination.
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. '
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ARTTrT.R XlV V ArA TTON TIMR
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 preceding, shall be granted a vacation
with pay of approximately 80 hours per year up to a maximum of approximately 160 hours per
year.
B. All full-time employees, who shall have at least five years of continuous service, shall be
entitled to eight (8) additional hours of vacation per year of full-time continuous service for each
year of service in excess of five years up to a maximum of approximately 160 hours per year.
The vacation accrual schedule is as follows:
Maximum
Years Vacation Hourly Accrual Annual Maximum
Service Hours Rate IPay Period Vacation Vacation
Earned Bi-Weekly Hour Accrual
1 80 3.0769 80 160 I
2 80 3.0769 80 160
3 80 , 3.0769 80 160
4 80 3.0769 80 160
5 80 3.0769 80 160
6 88 3.3846 88 200
7 96 3.6923 96 200
8 104 4.0000 104 200
9 112 4.3076 112 200
10 120 4.6153 120 200
11 128 4.9230 128 240
12 136 5.2307 136 240
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Resolution Number ;jCJ...Lt/j
13
14
15
144
152
160
5.5384
5.8461
6.1538
144
152
160
240
240
240
C. Employees of the City considered as hourly, part-time and/or seasonal employees shall
not be eligible for paid vacation.
D. All full-time employees shall only be allowed to accrue a maximum of240 hours of
vacation as set forth above. Once this 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 of
the City Manager in writing.
E. Employees are encouraged to use at least the amount of vacation hours earned each fiscal
year. Those employees who have been 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-term employees have accrued
substantially more leave time than shorter-term employees, and that it will likely take them
significantly longer to achieve this goal. It is the intent of this section to balance the personal
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.
F. Vacation leave time shall not be approved until such time as it has been earned, unless prior,
special arrangements have been made with the City Manager. The time at which an employee shall
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 provided that the employee has taken an equal amount of vacation time offwithin
that fiscal year.
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, all leave, hours will be paid to the employee at the employee's current base rate of pay.
ARTTrLE XV LEAVES OF ABSENCE
Section 1.
Authorized T ,eave of Ahsence Withont Pay
A. Upon the Department Head's recommendation and approval of the City Manager, an
employee may be granted a level of absence without pay in cases of an emergency or where such
absence would not be contrary to the best 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.
Resolution Number '5~&1
Section 'l.
Bereavement T ,eave
The City agrees to provide forty (40) hours bereavement leave with pay for death in the immediate
family. The bereavement leave shall not be chargeable to or accumulate as sick time. "Immediate
family" is defined as spouse, the father, mother, son, daughter, brother, sister, grandparents,
grandchild, step-mother, step-father, mother-in-law, father-in-law or dependent relatives living with
the employee.
Sectlon 1.
Military T ,eave of Ah~ence
I
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
dfthe beginning ofthe leave.
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.
Preenancy ni~ahility T ,eave of Ah~ence
A. An employee who is disabled due to pregnancy shall be granted a pregnancy disability leave
as provided by the S,tate of California and the Federal Family Medical Leave Act. The employee
may elect to take a lesser period ofleave.
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.
1
Sectlon 'i.
Faml1y T ,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 seriously ill or injured member ofthe 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 b~ 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 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 I
approval of the City Manager consistent with the provisions of State and Federal Family Leave
laws.
F. ' A maximum of four hundred (400) working hours of family leave in any combination of sick
leave and unpaid leave may be taken during any two (2) year" period unless a greater amount is
prescribed by state or federal law .
Section fl.
Cata~trophic T ,eave
The purpose of the Catastrophic Leave Pool is to enable full time employees to receive and donate
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Resolution Number 5().[,Q
vacation, administrative leave, and compensatory time off (CTO) leave credits on an hour for hour
basis to assist employees who have no leave and who' will suffer a financial hardship due to
prolonged illness or injury to themselves or a member of their immediate family. Sick Leave is
excluded from this program.
The following conditions shall apply to Catastrophic Leave:
A. Catastrophic Leave will be available only to employees who have exhausted their own paid
leave through bona fide serious illness or accident.
B. The leave pool shall be 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.
H. Donations will be subject to applicable tax laws.
I. The availability of Catastrophic Leave shall not delay or prevent the City from taking action to
medically separate or disability retire an employee.
J. Catastrophic Leave due to illness or injury of an immediate family member, may require
medical justification as evidenced by a Physician's Statement that the presence of the employee is
necessary.
K. Catastrophic Leave due to the illness or injury of the employee will require medical
justification as evidenced by a Physician's Statement as to the employee's condition.
ARTICLE XVT nTRY DTITY
Se~tion 1. CompensHtion for Jnry Dnty
A. Employees required to report for jury duty shall be granted leaves of absence for such
purpose, upon presentation of jury notice to the Department Head. Said employees shall receive
full payment for the time served on jury service, provided the employee remits any fees received for
such jury service, excluding payment for mileage, to the City's Finance Department. Compensation
for mileage, subsistence or similar auxiliary allowance shall not be considered as a fee and shall be
returned to the employee by the Finance Department.
B. If the sum of the employee's jury duty responsibilities is less than a full work day, the
employee shall contact his supervisor 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 if practicable.
ResolutiO!1 Number rsd-&9
ARTICLE XVTT - PRORATIONARY PERTODS
Sp,ction 1. Appointment Followine; Prohation Period
A. The original appointment and promotional appointment of employees shall be tentative and
subject to a probationary period of six (6) months of service.
B. When unusual circumstances merit the extension of the probationary period, the
Department Head shall request, in writing, approval 'of the City Manager. Said extension shall not
exceed one hundred and eighty (180) days. The Personnel Office shall notify the Department Head
and the probationer concerned no-less-than 'two weeks prior to the termination of any probationary
period.
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C. If the service of a probationary employee has been satisfactory, the Department Head shall
file with the Personnel Office a statement, in writing, that the retention of the employee is desired.
No actions changing an employee's status from probationary to regular full-time shall be made or
become effective until approved by the City Manager.
Section 2 Ohjective ofProhatiomny Period
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 probationary employee whose performance does not
meet the required standards of work.
Section 1 Employee Perfonnance Appraisal
A. Each probationary employee shall have his performance evaluated at the end of each three
(3) months of servic~ or at a more frequent interval when deemed necessary by the Department
Head. Permanent employees shall have their performance evaluated annually or at more frequent I
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 retained by the department, and one copy to be given to the
employee.
Section 4 Rejection ofProhatiomny Employee
A. During the probationary period an employee may be suspended, demoted, or rejected
anytime by the Department Head, with approval of the City Manager, without cause and without
right of appeal, except the right of appeal of punitive action as may be provided by law. .
Notification of rejection, in writing, shall be served 'on the probationary employee and a copy filed
with the Personnel Office. A termination interview may be conducted with each rejected
probationer.
B. An exception will be applied where the probationary employee's job termination 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 community. Where there is such a deprivation of a "liberty interest", the employee shall be I
given pre-disciplinary procedural due process as defined in the City of Seal Beach Personnel Rules
and Regulations and this Memorandum of Understanding. Prior to the disciplinary action
becoming final, the employee must be notified of his right to the appeal procedure as outlined in
these Rules and Regulations.
ARTICLE xvm LA YOFF PROCEDTJRES
The appointing authority may layoff employees or demote employees in lieu of layoff subject to
Rule xn - TERMINATION PROCEDURES of the City's Personnel Rules.
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Resolution Numher :>~~q
Notwithstanding Rule Xll of the City of Seal Beach Personnel Rules, the City agrees to replace
Section 2(c) of Rule Xllwith the following:
Whenever seniority is equal, the seniority of the employee shall be determined first by
examining continuous service within the affected classification and if not determinative,
then by position on the employment list.
ARTTrT.E XIX SAFETY rOMMrrTER PROGRAM
A City-wide Safety Committee Program will be implemented; an employee representing each
department will participate and will meet on a quarterly basis.
ARTTrl.E XX - DRUG IV STTRSTANrE ARUSE POT .Try FOR rOMMERrTAL DRTVER"S
T .TrENSE HOLDERS
Anti-Drug & Alcohol Policy
Effective immediately, all employees of the City of Seal Beach who are required to possess a
commercial driver's license - Class A or B - to operate a City vehicle in the scope of their
employment, or employees who perform safety sensitive functions will be subject to controlled
substance and alcohol testing rules in accordance with Federal Regulations 49CFR, Parts 382,
391,392 and 395.
This policy reflects the City's compliance with 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, injuries and fatalities.
ARTTrT,E XXT - FNTTRE MEMORANOTJM OF TJNDERSTANOTNG
Section 1. Mereer ofNeeotiation~
This Memorandum of Understanding represents the full 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.
Section? Notwithstanding the provision of Section 1., there exists within the City certain
personnel rules and regulations and department rules and regulations. To the extent that this
Memorandum of Understanding does not specifically contradict these personnel rules and
regulations or department rules and regulations or City ordinances, they shall continue subject to
being changed by the City in accordance with the exercise of City rights under this Memorandum of
Understanding and applicable state law.
Section 1 Except as provided herein, other terms and conditions of employment, oral or written,
express or implied, that are presently enjoyed by employees represented by the Association shall
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.
Section 4, Sepan'lhility
If any provision of the Memorandum of Understanding or the application of such provision to
any person or circumstance shall be held irNalid, 'the remainder of the Memorandum of
Understanding or the application of such provisialll to persons or circumstances other than those
as to which it is held invalid, shall not be affected thereby.
Resolution Number SJ.uq
ARTT(TE XXTT- TERM OF MEMORANDTJM OF TTNDERSTANDTNG
This Memorandum of Understanding shall remain in full force and effect from July 1, 2004 until
midnight, June 30, 2006.
ARTH~T,E xxm - EMERGENCY WANER PROVTSION
In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, civil
disorder, national emergency, or similar circumstances, provisions of this Memorandum of
Understanding or the Personnel Rules and Regulations of the City, which prevent the City's ability
to respond to these emergencies, shall be suspended for the duration of such emergency. After the
emergency is over, the Association shall have the right to meet and confer with the City regarding
the impact on employees of the suspension of these provisions in the Memorandum of
Understanding and any Personnel Rules and Regulations.
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ARTTrLE XXN -RATTFTrATTON
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 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 2-IS-t' day of ~terv1 bCv , 2004.
AGEMENT REPRESENTATNES
I
mployee Relations Coordinator
/h,JAi1~ ' ~
" William Moran
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Resolution ,Number 5;;;..&;9
Attachment A
1. Effective the first payroll period of July, 2004, a 4% cost of living adjustment was given
to all positions listed below:
Range A B C D E
I Account Clerk 25C 2499 2624 2755 2893 3038
Maintenance Worker I 25C 2499 2624 2755 2893 3038
Permit Technician 25C 2499 . 2624 2755 2893 3038
Police Records Technician 26B 2549 2676 2810 2951' 3098
Community Services Officer 28B 2677 2811 2952 3100 3255
Water Meter Services Rep 28C 2692 2827 2968 3116 3271
Maintenance Worker II 29C 2759 2897 3042 3194 3353
Utility Maintenance Worker 29C 2759 2897 3042 3194 3353
Motor Sweeper Operator 32B 2956 3104 3259 3422 3593
Water Utility Operator 32C 2970 3119 3275 3439 3611
Animal Control Officer 33B 3030 3181 3340 3507 3682
Mechanic 35C 3199 3359 3527 3703 3889
Lead Maintenance Worker 39C 3531 3708 3893 ' 4088 4293
Sr. Water Operator 40A 3584 3763 3951 4149 4356
Electrician 41A 3673 3857 4050 4252 4465
I Attachment B
, .
1. Effective the first payroll period of July, 2005, a 3% cost of living adjustment was given
to all positions listed below:
Range A B C D E
Account Clerk 26D 2574 2703 2838 2980 3129
Maintenance Worker I 26D 2574 2703 2838 2980 3129
Permit Technician 26D 2574 2703 2838 2980 3129
Police Records Technician 27C 2626 2757 2895 3040 3192
Community Services Officer 29C 3759 2897 3042 3194 3353
Water Meter Services Rep 29D 2772 2911 3057 3210 3370
Maintenance Worker II 30D 2842 2984 3133 3290 3454
Utility Maintenance Worker 30D 2842 2984 3133 3290 3454
Motor Sweeper Operator 33C 3045 3197 3357 3525 3701
Water Utility Operator 33D 3059 3212 3373 3542 3719
Animal Control Officer 34C 3121 3277 3441 3613 3794
Mechanic 36D 3295 3460 3633 3815 4005
Lead Maintenance Worker 40D 3637 3819 4010 4211 4422
Sr. Water Operator 41B 3691 3876 4070 4274 4487
I Electrician 42B 3784 3973 4172 4381 4600
Resolution Number '5;A&tj
APPENDIX - Personnel Rules (Appeals I Grievances)
CITY OF SEAL BEACH PERSONNEL RULES
RULE XN
APPEAL PRO~EDITRES
SE~TION 1 - REQITF.ST FOR DISCIPLINARY HEARING:
Employees shall have the right to appeal the imposition of disciplinary action. When an I
employee requests a disciplinary hearing, 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 in
private unless the employee requests, in writing, a public hearing. If the employee fails to request
a disciplinary hearing within the prescribed time, the employee shall have waived the right to a
hearing and all rights to further appeal ofthe disciplinary action.
SECTION 2 - S~HEDTTT,ING OF DISCIPLTNARY HEARING:
The personnel officer shall schedule any disciplinary hearing within a reasonable time after the
filing of the employee's request after considering the availability ofthe Civil Service Board and
the convenience of the employee and the witnesses.
SFrTION 1 - ~ivil Service Hoard:
The Civil Service Board shall be the reviewing authority for disciplinary hearings. At the
discretion ofthe Civil Service Board, a hearing officer may be appointed by the appointing
authority to perform the duties of the Civil Service Board in disciplinary hearings.
SE~TTON 4 - REPRESFNTATION AT DTSCIPLTNARY HEARTNG'
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At the disciplinary hearing, the employee may appear personally and may be represented by
counselor other representative. The employee and the city shall have the right to produce and
confront witnesses, and to present any relevant oral or documentary evidence.
SECTION S - HTTRDEN OF PROOF AND EVIDENCE:
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 technical rules of evidence.
SECTION () - CONDUCT OF DISCIPLINARY HEARTNG:
The conduct ofthe disciplinary hearing shall be under the control of the Civil Service Board with
due regard for the rights and privileges of the parties. During the examination of a witness, the
Civil Service Board may exclude from the hearing, any and all other witnesses. The Civil Service
Board shall have the power to issue subpoenas to compel the attendance of witnesses or the
production of documents.
SECTTON 7 - ~TVTT. SERVT~E HOARD'S DECTSTON:
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Within a reasonable time after the disciplinary hearing, the Civil Service Board shall issue a
written decision containing findings of fact and conclusions of law. The Civil Service Board
shall have the authority to affirm, revoke or reduce the disciplinary action imposed against the
employee. The Civil Service Board's decision constitutes a final resolution of any disciplinary
action and no further appeal shall be permitted within the city's administrative process.
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Resolutior. Number 5;;;.l.;Cj
GRffiVANCRPROCRDTffiRS
SRCTTON T - PTffiPOSR OF GRffiVANCR PRO(;RDTffiR:
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 concerning any
disciplinary action; or
(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.
SRCTTON 2 - TNFORMAT. DTSCTTSSTON OF GRffiV ANCE'
When an employee has a complaint, the employee shall first informally discuss the matter with
the employee's immediate supervisor within fifteen (15) calendar days from the date of the
incident or decision generating the grievance. If, after a discussion with the immediate
supervisor, the complaint has not been satisfactorily resolved, the employee shall have the right
to discuss the complaint informally with the supervisor's immediate superior. If, after such a
discussion, the complaint has not been satisfactorily resolved, the employee shall have the right
to file a formal grievance.
SRCTTON 1- FORMAT. GRffiVANCR PROCRDTffiR-
The formal grievance procedure shall be used to resolve an employee's complaint not
satisfactorily resolved by informal discussion.
(a) An employee shall have the right to present a formal grievance, in writing, within
five (5) working days after the informal discussion of the grievance with the
immediate supervisor or the immediate supervisor's superior. All formal
grievances 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 grievance shall be considered resolved and no further review of the
subject matter ofthe 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. Failure of the
department director to render a written decision on the grievance within five (5)
working days constitutes a decision denying the grievance.
(c) When the employee presents a formal grievance to the personnel officer, the
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 grievance and no further
review ofthe subject matter ofthe grievance shall be permitted within the city's
administrative process.
(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
Resolution Number 5).&1
employee grievances.
(e) An employee submitting a grievance and the employee's representative may use a
reasonable amount of time during working hours to prepare for and present the
gnevance.
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