HomeMy WebLinkAboutCC Res 4915 2001-07-23
RESOLUTIONNUMBER~ '
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
RESOLUTlONS 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
I
WHEREAS, the City of Seal Beach has' met and conferred in good faith with the
Orange County Employees' Association (OCEA) for the purposes of
discussing said tenns 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 Orange County
Employees Association and the City of Seal Beach for wages and benefits.
ABSENT:
Councilmembers
Co".;hnooili= ~~
Co~I'-= ~~1hLf,
ti/L(/~ tJJ--
Mayo
D by the City Council of the City of Seal Beach
.2001 by the following vote:
PASS~~?JROVED AND
on Yilt day of
AYES:
NOES:
I
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
J, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby certifY1!Iat the
foregoing resolution is the original copy of Resolution Number 49/~n liIe in the
office he City Clerk, passed, approved, imd adopted by the Citl Council of the City of
Seal eac, at a regular meeting thereof held on the c:?~d~ day of
200 I.
I
1
I'
1
Resolution Number~9/..s--
EXHIBIT A
MEMORANDUM OF
UNDERSTANDING
ORANGE COUNTY EMPLOYEES
ASSOCIATION
, ,
Res9ly.tion Number1/9/~
TABLE or CONTENTS
MEMORANDUM OF UNDERSTANDING
ASSOCIATION
ORANGE COUNTY EMPLOYEES
ARTICLE I. Recognition
Section ]. Emp]oycc Ordinance
Section 2. Recognition
Section 3. Numher of Rcprcsentatives
Section 4, Bulletin Board
Section 5. Election
St:ction 6. Meetings
Section 7. Conduct of Busint:ss
Section 8. List OfCUll'ent Employees
Section 9. Etlectivt:
ARTICLE]1. DUES AND BENEFIT DEDUCTIONS
Section I.. Puyroll Deductions
Section 2. Employee Associution Dues
Section 3. ]ndt:mnification
ARTICLE Ill. CITY RIGHTS
St:ction I. Rights/Responsibilities
Section 2. Operation Changes
ARTICLE IV. NON-DISCRJMINATION
Section I. Equal Employment Opportunity
Section 2. Use of Gcnder
ARTICLE V. COMPENSATION PLAN
Section I, Basic Compensation Plan
Section 2, Advancemcnt within Salary Ranges
Section 3, Su]ary Increases
A. Promotional Appointmcnt
B. Tempomry Appointmcnt
'Section 4. Salary Decreases
Section 5. Adjustments ofSulary Ranges
Section 6. Salary and Benefits on Snspension
Section 7. Salllry Adjustments During Tenn ofMOU
ARTICLE VI. SPECIAL PAY PROVIS]ONS
Section I.
Section 2.
Section 3.
Section 4.
A.
B.
Section 5.
Section 6.
Section 7,
Section 8.
Section 9.
A.
D.
C.
D,
Section 10,
Automobiles/Mileage
Maintenance Worker Merit Pro!,'1'l1m
Seniority Bonus
Standby Compensation
Animal Control
PW Employees
Shill Ditlerential
T1'lIIlic Signal Tcchnician Pay
Class NI3 Liccnse Pay
Tmining Program
Uniforms & Equipmcnt/Unifonn Allowance
Unifonns
Unifornl Allowance
Safety Shoes
Equipment Certification Progmm
Wuter Treatmenl/Water Distribution Pay
ARTICLE VII.FRINGE BENEFIT ADMINISTRATION
Section I. Administmtion
Section 2. Selection and Funding
Section 3. Changes
PAGE NUMBER
I
I
I
I
I
I
1
I
2
I
2
2
2
2-3
3
1
3
4
4 I
4
4
4
4
5
5
5
5
5
5
6
6
6
6
6
7
7
7
7
7
7
8
8
II
I
8
II
8
Resolution Number ~/.s--
A/~TICLE VIII. HEALTH, DENTAL, LIFE & DISABILITY INSURANCE
Section I. Coverage - Health ond Dental Insul1lnce 8&9
Section 2. Retirement Health 9
Section 3. Life Insurance 9
Section 4. Disability Insurance Plan 9
Section 5. Premium Only Plan (POP) 9
I ARTICLE IX. RETIREMENT 10
ARTICLE X. HOURS OF WORK 10
ARTICLE Xl. OVERTIME
Section I. Ovel1ime amI Call-Out Pay 10&11
Section 2. Court Provision II
, ARTICLE XII. I-IOLIDA YS II
ARTICLE XIII. SICK LEAVE 12
ARTICLE XIV V ACA TION TIME 12&13
ARTICLE XV. LEAVES OF ABSENCE
Section I. AuthOlized Leave of Abscnce Without Pay I3
Section 2. Bereavement Leavc 14
Section 3. Military Leavc 14
Section 4. Pregnancy Disability Leave 14
Section 5. Family Leave 14
Section 6. Catastrophic Leave 15
ARTICLE XVI. JURY DUTY 15
I ARTICLE XVII. PROI3ATIONARY PERIODS
Section I. Appointment Following Probation Period /6
Section 2. Objective of Probationary Period 16
Section 3. Employee Perfonnance Appraisal 16
Section 4. Rejection of Probationmy Pedod 16
ARTICLE XVIII. LAYOFF PROCEDURES 17
ARTICLE XIX. SAFETY COMMTTIEE PROGRAM 17
ARTICLE XX. ANTI-DRUG/ALCOHOL POLICY MANDATED BY
16
FEDERAL REGULATIONS FOR CERTAIN EMPLOYEES
ARTICLE XX ENTIRE MEMORANDUM OF UNDERSTANDING
Section I. Merger o l' Negotiations 17
Section 2. Controdictions 17
Section 3. Conditions 17
Section 4. Separability 17
ARTICLE XXI. TERM OF MEMORANDUM OF UNDERSTANDING 18
I ARTICLE XXIl. EMERGENCY WAIVER PROVISION 18
ARTICLE XXIII. RATIFICATION 18
,A1TACHMENT A. SALARY DETAIL ]9
APPENDICES. Appeal Procedures - Personnel Rule XIV Appendix. I
Glievance Procedures - Personnel Rule XV Appendix. 2
Resolution Number#/~
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
BETWEEN. THE CITY OF SEAL BEACH
AND ORANGE COUNT EMPLOYEES ASSOCIATION
ARTIr.r F. I RF.r.OGN1T10N
I
St:ctiun..L Pursuant to the provisions of Employee-Employer Relations Ordinance Number
769, as amended, the City of Seal Beach (hereinafler called the "City" anlVor "Employer"
interchangeably) has recognized for the purpose of this Memorandum of Understanding, the Seal
Bench Chapter of the Ol'llnge County Employees AssoCiation, an association of employees of the
City of Seal Deaeh, hereinafler refen-ed to as "Association" representing all full-time non-safety
employees uf the City except those empluyees determined to be protessional, confidential,
administrative, manngement and certain specified supervisory cmployees; and
Sectian..2. TIle City recognizes the Association as the representative of the empluyees in thc
classification and assignments set forth in Section I above for thc pnrpose of meeting its
obligations under this Memo\'llndum of Understanding, the Meyer-Milins-Drown Act, Government
Codc Section 3500 et seq., when City Rules, Regulations or laws alTecting wages, hours lII11VOr
othcr tcnDS and conditions of employmcnt are lIIuended or changed.
St:ctiun..1. 'nle City ngrees that the recognized representntives of Associntion not exceed four
(4) in number and shall be entitled to meet and confer with City during soid recognized
representntives' nonDal working hours without suffering any loss in pay while absent from the
duties tor such purpose, providing that such time shall not excccd two huurs in anyone week unless
agrecd to by City. City olso agrees that such representatives may utilize not more than one hour Jler
month or twelve hours per yenr without sulTering nny loss in pay 1'01' such absence for thc purpose
of meeting with employees who are members of Association and/or other ollices of Associntion.
~eC'\inf\ 4. City shall provide a bulletin board in each of the following locations: Corporation
Yard, Administrution Building, Police Depllltmenl. Such bulletin boards to be availahle Hlr the
purpose of posting notices peltaining to Association business only. Association shull not use any
other bulletin board within City facilities.
I
~"clinn 5.. City recognizes Association's right to appoint or elect representatives to lIIeel lInd
conler with City's management representatives on salaries, wages, and terms and conditions of
employment. Associntion agrees to notify City in Wilting as to the idcntily of the representatives
and of subsequent appointments, if any. Association and City agree Ihat employces appointed or
elected as Association representatives shall be required to work 1i.1lltime.
SWion.6. 1\ is recognized and agreed that no Association business aneVor meetings will he
conducted and/or attended by employees of City during their respective bolli'S of duty and wurk
unless speci lied herein.
~eclinn 7. Repre.qentatives and/or officcrs of Association shall not inten"Upt the work of any
employee of City at any time to conduct business or other matters connected with Association
without prior consent of Management.
SectlllL8. During the ternl of this Memorandum of Understanding, the City shall pmvidc tu I
OCEA, upon receipt of a wrillen request, a listing of all clln-ent 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.
I
I
I
Resolution Number 49/~
&d.iulL2. This MemoramJum of Understanding shall be eflective by and between
Management ami Association upon execution by Management and the required number orthe duly
lIuthorized recognized representativcs of Association.
ARTIr.I,E II mJF~ ANn BENEFIT nEmlr.TION~
Sect inn I.
fayrnll nerlnctiol1S
The City shall not be required to make payroll deductions for any other items or reasons except liS
specified in this Memorandum of Understanding. Management shall detemline in the interest of
cost and elliciency 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 modilication in
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 s_aid requested
modification 01' change. Management agrees that payroll dedi.lctions are authorized lor pnrposes of
any employee depositing funds or making payments directly to a tederal credit union providing that
any dcduction shall not be less than five dollars ($5.00) on a monthly hasis, or two dolIal'llund Lilly
cents ($2.50) if semi-monthly deductions for such purpose as authorized by Munagement.
Seelinn 1.
Employ"", A..neiation nne.
City agrees 10 deduct regulur monthly Association dues fi'nm salary or wages of any Association
member when authorized to do so by said City employee in writing in a fonn satislilCtory to City
and to remit such deductions to Association within (15) days aileI' making such deduction from an
employee's salary or wages, and within the terms ofthe signed deduction authorization of such City
employee. The deduction of such Association dues and the remittal of same by City to Association
shall constitule puyment of said dues of such employee and member of Association.
~eetion 1.
IndcmnifiCat.inll
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 lumls to the Association,
except the intentional failure of the City to transmit to the Association monies deducted li'Dln the
employees pursuant to this Article.
A R TJr.I.F lIT r.TTY R Tm-lT~
Section I.
RightslRespnnsibililies
This City reselves, reluins 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 Illlmage the City, as such rights existed prior to the execution of this
Memorandum of Underslllnding. The sole and exclusive rights of Munllgemenl, liS they ure llO!
abridged by this Agreement or by law, shall include but not be limited to, the following rights:
A. To manage the City generally und to detemline the issues of policy.
Il To detennine the existence 01' nonexistence of facts which are the basis of the Manugement
decision.
C. To determine the necessity and organization of uny service or lIctivity conducled by the City
and expund or diminish services.
, D. To detenlline the nuture, manner, means and technology and extent ofselvices to be provided
to the public.
E. To detennine methods oftinancing.
Resolut~on NUmber~/~
F. To detennine types of equipment or technology to be used.
G. To determine and/or change the facilities, methods, teclmology, means, organizational
structurc and size ami composition of the work force und allocate and assign work by which
the City operations are to be conducted.
H. To lh:tennine and change the number of locations, relocations, and types of operations, I
processes and moterials to be used in carrying out all City fimctions including, but not limited
to, the right to contmct for 01' subcontract any work or operation of the City.
I. To assib'11 work to and schedule employees in accordance with r~uirements set forth in
previous agreements, and to establish and change work schedules and assignments upon
reasonable notice insofar as such changes do not eonnict with previous Memorandums of
Understanding.
J. To layoff employees from duties because oflack of work or fimds, 01' under conditions where
continued work would be ineHective or non-productive.
K. To establish and modify productivity and perfonnancc programs and standards.
L. To discharge, suspend, demote, reprimand, withhold salalY increases and benefits, or
othelwise discipline employees for cause.
M. .'1'0 determine minimum qualifications, skills abilities, knowledge, selection procedures and
standards, job classifications and to reclassify employces in accordance with this
Memorandum of Understanding and applicable resolution and codes of the City.
N. To hire, tmnsfer, 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 detel111ine 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.
I
P. To establish reusonable employee pcrfOlmunce standards including but not limited to, quality
and quantity standards and to require compliance therewilh.
Q. To maintain order und efficiency in its facilities and operation.
R. To establish find promulgate ami/or modiiy rules and regulations to maintain order and safety
and which are not in contmvcntion with the Ab'l'eemenl.
S. To restrict the activity of an employee organization on m\lI1icipal property und un municipal
time except as set furth in this Memorandum of Understanding.
'1', To lake uny und all neccssmy aclion to carry out the mission of the Agency in emergencies.
~"",illn 'J Wlu:re the City is required to make changes in its operations bt:cause of the
requirements of law, whenever the contemplated ext:rcise of City Rights shall impact the wages,
hours and other terms and conditions of employment of the bargaining unit, the City agrt:cs 10 meet I
and confer in good filith with representatives of the Association rcgardiug the impact of the
contemplated exercise of sllch rights prior to exercising such rights, unless the millieI' of the
exercise of such rights is provided lor in this Memorandum of Understanding.
ARTICI,E TV NON-m~CRIMlliATlON
Sel:lion.l. Tht: City and the Association agree that they shall not discriminate against any
employee because of mce, color, sex, age, national origin, physical handicap, marital status,
I
I
I
Resolution Number 49/~
political or religions opinions or afiiliations. The City and the Associlltion shall reopen uny
provision of this Memol'llndllm of Understanding lor the pll1]>ose of complying wilh any final order
of the Federul or Slate agency or COlu1orcompetentjurisdiction requiring a modification or change
in any provision or provisions or this Memorandum or Understanding in compliance with Stllte or
Federal anti-discriminlllion laws.
~ecti,,!I12. Whenever the masculine gender is used in this Memorandum of Undcrstunding, it
shall he understood to include the feminine gender.
A RTIr.1 ,F. V r.OMI'F.N~A nON PI ,A N
Sct:LiOJLL
B"~i,, r.ompen~aliCln Plan
A. All employees covered hy this Memorandum or Understanding shall he included under the
Basic Compensution Plun. Every classificlllion under this Plan shall he assigned II salOl)' range
adopted by lhe Cily Council: The salal)' schedule shall consist of five (5) steps within each I'lInge,
D. The lirst step is a minimum rate and is normally the hiring rate for the classilicalion. An
employee may be assigned, upon appointment, to other than the normal entering slllary step within
the IIssigned l"lInge upon the recommendation of the Department "'ead and with the upprovul oflhe
City Munager when it is decidcd that such action is in the best interests or the City.
C. 'nle second step, B step, is a merit adjustment which may be given a( the end of the
probationllry period subjecI 10 the recommendation of the Depm1ment Hemlllnd with the IlpplllvUJ
orlhe City Manager.
D. The third, lourth and Jinh steps are merit odjustments to encourage an employee to imilCllVe
his work and 10 recognize incrcased skill on the job. Employees are nonnolly eligible 1'01' these
adjustments at any time aner the completion or one (I) year of service atlhe preceding step. Euch
adjustment shall be made subject to the recommendation of the Department Heml and with the
approval or the City Manager.
Scc1iolL2,
Adlaulcement within ~al",)' Ranges
A. In order to properly compensate un employee, advancement in salary shull be busl,,"{lon merit.
B. Advancement in salary shall not be automatic, but shall depend upon increased service value
ofthe employee to the City.
C. The Department Head and/or the employee's immediate supervisor shall he responsible to
evaluate employees lilirly in an unbiased fashion for thc detelmination of job perJonnllnce.
Advancement shall be made only upon recommendation of the Depm1ment l-Ielld with the approval
of the City Manager.
D. An employee must be reviewed lit least once every twelve (12) months from the ellcctivtl date
or his last performance step increase, special performance IIdvancement or promolion. Nothing
contained herein shall restrict the Depmtment Head Ji'OIll denying the increase after evaluation, 1101'
shull it prevent him from recommending u special performance advancement in salary at any time
whenunllsual or outstanding achievement has been demonstrated,
Scc1ion.J.
SaJarjL..llll:rcases
A. Promotional Appointment - When an employee is promoted to a position with a higher salm)'
,range, the employee shall be compensated at a step or the salal)' range assigned to Ihe new position
that is closest to providing a 5% salary increase over the base sal/lry received immediately prior to
prolllotion.
B. Temporal)' Appointment - City a!,l'J'ees that employees assigned, in /In IIcting capacity, to a
Reso~ution Number~q/~
higher classilicution than the einployees' present classification for a pCliod uf not less than 120
consecutive working hours shall be entilled to move-up pay. In addition, employees who are
assigned by the department director in wliting to regularly schedulcd acting ussignments of less
thun 120 hours shull also be entitled to move-up poy. Move-up puy will be retroactive to the lirst
hour selved in the higher classification and shall be paid at a rate equal to the first step uf the higher
classification but in no event shall move-up pay be Icss than live percent (5%) more of the
employee's current rate.
SCl:tianA.
SlIll1,.y Oe",.e=
I
In the case of a demotion of any employee in the department to a classification with a lower
maximum salury, such employee shall be assigned to the appropliate salary step in the new
classificution us recommended by the Department Head with the approvul of the City Manager.
The employee shull retain his previous anniversary date.
Swinn..5.
Ailjllstmell\s..Qt:Salary Ranges
When a salury range for a given classification is reviscd upward or downward, the incumbents of
positions and classifications affected shall have their existing salary udjusted to the same relative
step in the new salary range and their anniversary dute shall not be changed.
fu:c1ioILli.
Sali.lQUlJlll.llenclits nn SlIspc",.inll
Duling suspension ii'om the City service for disciplinary cause, an employee shall forli~it all rights,
privileges and salOl)', except he shull not forfeit his medical health plans, including dental,
retirement plun, disubility insurance or life insurance. Should such suspension be later modificd or
revoked, the employee shull be entitled to receive payment for loss of income and benelits duling
the periud of suspension.
Swion..1.
Salary Adjl1stmellts J)lI,.illg Tenn..of.Memnr",,,ll1m of
Uudt:rstanding
I
A. The sulal)' schedule for each position classificlltion aflected is herehy determined and
established liS indicated by Allochment A to be paid in acconlance with the salm)' range schedule
adopted by City Council, and shall become etfcctive IIle date as specified in Allachment A.
B. If the management representative is of the sole opinion that recruitment, retention or other
reasons necessitate other upward salary acljustments, Management representative will meet and
confer with Association on position classilications specilied by the Management rcpresentative or
Association. Mallugement representative may make additional recommendations to thc 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 c1assitications not having
personnel employed by City, salm)' adjustment, if any, muy be recommended by Munagement
without further consultation or approval of Associatinn.
ARTIr.I,E VI ~PFr.IAI, PAY PROVISIONS
I
St:clillU.l.
Automohiles IIncl Mileage
Officers and employees of the City, utilizing their privately-owned automobiles for City husiness
on a non-regular basis, shall be entilled to rcimbursement for costs incUlTed at the mte cstublished
by the Internal Revenue Service (IRS).
I
I
I
Resolution Number~/J~
Scc.ti0n2.
Mnintennncp. Wnrkp'1" Mmit PI"f''lgrmn
Under the provisions of this progrnm, ull Muintenunce Worker I employees will become eligible to
"promote" to the cJussification of Muintenance Worker II providing the following conditiuns huve
been met:
I)
The empluyee must have reached "E" step in the classitication of Maintenance
Wnrker 1.
2)
The employee must have served in the capacity of Maintenance worker I "E" step
for a minimum peliod of twelve months.
3) Employee must have been rated satisfactory on most recent pertonnance evaluation.
Any vacancies in the Maintenonce Worker I or II work force will be recmited at the Mainlt:lIlmce
Worker I level.
Sec.J.iun..1.
Seniority nonns
Employees who have achieved ten years of uninterrupted employment with the City shall receive a
live percent (5%) increase in base salary effective on the 10'h anniversary uftheir empluyment.
Seclion 4.
Stan<lhy C.ompensa1iou
A. I. Standby Compensution - Animal Control
Animal Control oflieers on standby assignment 'shall be compensated al a rate of eight
hours straight lime pay and eight hours of compensatory time eamed per month.
B. I. Stundby Compensution - Utilities Division:
Each employee of the Utilities Division (Water, Sewer) whu is ussigned by the Water
Superintendent to stundby duty will be compensated lor one (I) hour of overtime puy each
weekday of duty and live (5) hours of overtime on Saturday ur Sunday or holidays. The
assignment to standby duty will be rotated among all wuter division personnel and other
department personnel possessing the proper water operotors cCltification and has u
familiarity with the water and sewer system.
2. No compensation will be provided personnel serving as "backup" to the regularly scheduled
person ussigned to stundby duty,
3. Employees on standby duty who arc called out will be compensated in accordance with
Section 15.
4. Employees assigned to standby duty are required to respond to utility related emergencies
on a twenty-four (24) hour basis. However, in the event thut a maintenance supervisor or
other maintenance employee cunnot be contacted dming non-utility relaled emergency, the
persun assigned to standby duty will be expected to respond upon notificulion.
5. Personnel assigned to stundby duty are required to carry with them or have nem'by, 0 paging
device (beeper) during all non-regulur working hours and ulso mnst confine their aClivities
to the extentthut they remuin within twenty (20) minutes driving time of the City of Seal
Beach at all times. In addition, stundby persounel will be required 10 have in their
possession a current roster listing each employee in the Utility Division with their telephone
number.
, Sl:c.lilllL5..
Shi A Oi fferenlial
City agrees that employees in the Public Works DepaIiment who are assigned duties between the
hours of 4:00 a.lll. and 6:30 a.m. shall be paid at a rate of lime and one-half lor time worked during
that petiod.
Resolution Number t/fJ/5
Seclion.6.
Iraffic...Signnl :rechnil:ianhl)(
Each employee in the Puhlic Works Department in the c1ussification of Elect rici un who hus a I.evel I
2 Traffic Signal Technicilm Certificate from the International Municipal Signal Association will be
entitled to receive Fifteen Dollars ($15.00) pel' paymll period.
Seclion.1.
Clo~~ AIR I .ieP.n~c..fay:
Each lilli-time employee in the Public Works Department required by the City to mllintain a Class
A or 13 license for the perfinmance of their work, will be entitled to received Filteen Dollurs
($15.00) pel' payroll period, effective the first payroll period Following rotificalion by Council. The
Public Works Dimctor 01' his designee will notifY Personnel Office of eligible employees.
St:ctilln...8..
Irnining Pl'Ogram
A. Required Tmining - An employee who is required by his or hilI' Department /-Ielld to
attend a specified olr-duty tmining course, shall, upon submission of receipts, receive
reimbursement for the loll owing: tmnsportation cost where appropriate, cost of books, course
registration and related expenses directly necessary for the successful completion of the course.
B. Dllsirablll Truining - Desirable training is delined as an off-duty inslruction that will be
mutlllll1y und immediately beneficial to the employee and the City. PlioI' to enrolling in II class tor
desirablll training, an employee wishing reimbursement for his or her expenses shall obtain the
approval of the City Manager as to course content and its relutionship to the employee's
employment with the City as well as the recommendmion of the Department Head. This approval
is at the sole discretion of the City Manager.
I
In the event the City Manager approves snch request and thll employee has received a grude
of "C" or belieI' or its equivalent b'rade point upon completion of the course, the empluyee shall
submit a copy of the ollicial transcript and a receipt for the tuition fee to the Personnel Olliee.
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. Tmining Conferences and Seminars - Approval for employees attending conflln:nces
IInd seminars is at the solll discretion of the Department Head and the City Manager. PlioI' to
enrolling in a seminar or con terence, an employee wishing reimbursement tor his or her expenses
shall obtain the opproval of the Depaltment I-lead IInd the City Manager. Once approvals are given,
Ihose employees will be reimbursed on a cost basis after presenting receipts for allowable expenses
per lldministralive tmining and per diem policy.
Section..2.
Unifurm~ & FqllipmcntLllnifunn.AlJuwancl:
A. Public Works Depmtment Employees
Elich employee of the Depllltmcnt of Public Works, except clerical, engineering lInd related
classilicalions as determined by the City MlInager, shall be entitled to uniform service. The City
shall pay the total cost of renting and laundering unifonns (designated by tIle Department Head) for
each digible employee.
I
Il Police Department Employees (Non-Sworn Members)
Each non-sworn employee of the Police Department, including the classifications of Animal
Control Ollicer, Police Records Technician and Community Services Otlicer assigned to wear a
unifonn liS 1\ condition of employment shall be entitled to a sum uf twenty llollurs ($20.00) pCI'
payroll period. In addition, new employees of non-sworn status in the Police Department shall
receive initial unitonns as determined by the Chief of Police. Each non-sworn employee of Ihe
Police Depmtment, including the classilications of Typist Clerk" and Secretary NOT required to
I
I
I
Resolution Number ~I'~
wear a uniform as a condition of employmcnt shull not receive a unifol111 allowance. Should
conditions of employment change and those classifications be required to wear a unilimll, the
$20.00 per payroll period uniform allowance shall be reinstated.
C, Sufety Shoes - City agrees to provide acceptable safety shoes at CUlTent market prices for
authorized employees of the Publie Works Department.
D. Equipment Celtification Program - City agrees to establish a progl'l\m for certilicatioIl
Ii)r operation of dangerous equipment to include a safety ofticer Ii-mn among represented
employees.
I. 'llJe City shall establish a Safety CommiUee to review and recommend safety
procedures.
&:clion..l.O. Waler..II.1:lIlmentlWate,' Oislrihulion..fa)'
Water TreatmentlWater Distribution Pay - Each Public Works Employee in the classification of
Senior Wuter Utility Opemtor or Water Utility Opel'l\tor who has received a Gl'l\de III Water
Treatment Opel'l\tor Certificate from the Calitornia Depmtment of Health Services or Grade III
Water Disl1ibution Operator Certilicate from the American Water Works Association will be
entitlcd 10 receive Fineen Dollars ($15.00) per payroll period.
ARTlCI E VJLERINnE RENEFr'!' AOMINISTRATION
fu:ct.ionJ..
Alln'lni~trHtinl1
The City reselves 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.
St:clion J,
~eledinn nnel P'llncling
In the administration of fi'inge benefit programs involving insurance, the City shall have the right to
select any insurance carrier or other method providing coverage to fund dJe benefits provided
hereinafter during the tenll of this Memorandum of Understanding.
, &:ct.ion.J..
Changes
Provided, however, that the City shall notify the Association prior to any change of insurance
calTier 01' method of ti.mding coverage for any fringe benefits provided hereinafter during the lel111
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 covcred by this agreement,
in'espective of the carrier or plan in cffect from time to time. Within the term of this agreement, the
City may provide alternative health plans.
A RTICI.R VlIl !-IF A T .TH,l),ENT AT,. I.IFR &- mSA nTT.lTY INSIIR A NCE
SectilllLl. Coverage - Health losurance
A. ,The City shall provide filr eligible employees a group hospitul, medicul and dental
insurance plan.
B. The City shull conl1ibute to the cost of each medical/dental plan tor each eligible
employee und their dependents, up to the following amounts:
I. Efli:ctive January I, 2001, The City shall contribute to the cost of each
medical/dental plan tor each eligible employee and their dependents, up to the
lilllowing amounts:
For single employees ................................................................................. $261 /Illonth.
Resolution Number~/~
ror employee & I dependent .......................................................,............. $'\29/mllnlh.
ror employee & 2 or more dependents.. .............. ..... ................ $554/month.
Employees enroll cd in the plan are required to pay any premium amounts in excess of the above
City contribution. Such amounts will be deducted from the atlected employee's payroll check on
Ihe first Iwo pay periods for each month.
2.
Eflcclive January I, 2002, the City shall contribute to the cost of each
medical/dental plan for each eligible employee and their dependents, up to the
following amounts:
I
For single employees, . . . . . . , . . . . , , . . , , . .. . . . . . . . . . . . . . . . . .
For employee;- I dependent. . . . . . . . . . . ., .........:,......
For employee + 2 or more dependents. . . , .. . . . . . , . . . . . . . . . . :
$266/month
$439/monlh
$574/month
A p0l1ion 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 J-leolLh Progrom premium on behalfofthe employee.
C. The City shall not change medical/dental insurance plans dming the lerm of this agreement
without first meeting and confemng on the proposed change.
D. Part-lime, seasonal, provisional andlor hourly employees shall not be eligible for participation
in this program.
E. No pcrson who is eligible to receive Worker's Compensation benefits is eligible to receive
benefits fium the City's gronp medical insurance.
F. Full-time employees of the City who have completed thirty (30) days ofunintelTllpted service
shall be enrolled in this insurance program on the first day of the next succeeding'month.
I
G. Employees who change' classification from full-time to pat1-time provisional, hourly 01'
seasonal shall not be eligible for this benefit.
I-I. City shall not pay premiums for any employee on leove of absence without pay, who is ubsent
from regular duties without authOlization during the month and/or lor any employee who has
tenninated from City employment for any reason. City shall pay premiums for employees
receiving temporary payments from Worker's Compensation Insurance.
~p.ctinn ?
R eti rement.J:lea1th..lnSUl1I11Ce
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 fnll-time employees with 20 or more con~bined years of employment with the City
shall, upon retirement, be provided with individual health insurllnce coverage. If suit! employee
has 30 01' more combined years of employment with the City upon retirement, eligible dependcnt
healLh insurance coverage shull olso be provided. The City shall contribute to the cost of the
selected coverage consistent with the appropriate level us specilied in Article VlII, Sectionl B of
this Memorandum of Understunding.
I
C. In all cuses, the City's contribution tor eligible dependent eovernge for retirees shall
terminllte with the dellth of the retiree.
Section_}.
LifeJllllurai1l:e
Management agrees to provide u group life insurance plan pl'Oviding life insurance coverage or
Twenly-Five Thousand Dollars ($25,000) for each HIli-time classified non-sufcly employee
c
I
I
I
Resolution Number ~/J
represented by the Association, a double indemnity accidental death benefit, and a dependent delllh
henelit in the lImount of One Thousand Dollars ($1,000) per dependent. Said inSllnmee shall
become enective ofter the employee has completed thhty (30) days of uninterrupted service with
said employee to be enrolled in the progl11m on the first day oflhe next succeeding month.
Sl:1:t.i.an.A..
nisahilit)!lns~lan
The City shall provicle 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 salory, up to a maximum of Five Thousand Dollars ($5,000) per month, [or a
period of time not to exceed the length ofinjury 01' illness, up to the oge 01'65. Said insumnce shall
become eIlective after ~he employt:e 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_5. Premium Only Plan (POP) -TIle City will provide a Premium Only Plan (POP) Illr
health and dental benefits. 111e pion will allow for premium payments for premium payments tal'
medical and dental insurance coverage to be made before taxes (non-taxable) through salary
reduction.
ARTlCI.R IX RETlRRMENT
The retirement program provided by thc City shall consist of a depooled PERS plan which
includes the following Govcnunent Code provisions:
A. Section 20042
Il Section 20965
C. Section 21024
D. Section 21573
E. Section 21251.32
One Year final compensation (Single Highest Ycar).
Credit tor unuscd sick leave.
Military Service Credit.
3'. Level of 1959 Survivor Benefits
2% @ 55
TIle City shall pay thai p0l1ion of the atTected employee's retirement contribution that is equnlto
seven percent (7%) of the oni:cted employees' base salary.
ARTTrI R X HOIIRS OF WORK
A. Up to and including the contract year ending June 30, 2001, management agrees to 1I0t
demand changcs in the scheduling plnn as it exists in the Public Works Dcpnrtmcnt ntthe si!,'11ing of
this agreement, spccifically the four-day plan.
n. At thc discretion of the dcpartment head: Secretary and Account Clerk, Police Records
Technician, Animal Control OlTicer and Community Services Officer positions may be scheduled
in shills of lilur nine-hour days each week and one additional eight-hour day ou alternate weeks,
referred to liS the 9/80 plan, or may be scheduled in shifts of four ten-hour days each week, referred
10 as the 4/10 pIau. 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 tmining sessions. At the discretion of the depmtment helld, Public Works Beach
Division employees may he scheduled on II 5/8 work shift from May through Scplemht:r.
C. All Gt:nt:ral Unit Orangc County Employees Association memhers shall be grunted onc-hulf
(1/2) hour pllid relcllse time to attend quarterly Association meetings and two nddilionalllne,-half
(l/2) hours for meelings to be called at thc discretion of the Association. Such release lime shull he
taken in conjunclion with Ihe employees regularly scheduled lunch lInd shull he approved only allt:r
II, minimum oftcn (10) days notict: has been given to the City.
A RTrCl,E XI OVRRTlME
&:ctionJ..
Overlim" and Cnll-Ollt Pay
Resolution NUmber4l9/~
A. [I' work beyond nonnal workday, workweek or work petiod is required, the employee who
may be asked to perl'onn such ovel1ime shall be notified ol'the appareut need 1'01' such overtime liS
soon as practicable prior to wheulhe overtime is expected to begin.
D. I I' the n:sponsihle supervisor detenniues that overtime is necessary on work started on an
assigned shift, the assigned employee(s) may continue with that work as au extension of their
assigned shift.
I
C. Call out and ovel1ime pay shall be paid at the rute of time and one-half thc hourly rate.
Minimum "call out" time (when retuming to work) shall be two (2) hours.
D. Overtime will be computed by dividing the employee's regular monthly salary by 173.3 to
arrive at an hourly wage. Paid ovel1imc tor the payroll petiod is to be submitted and computed with
the regular payroll.
E. Notwithstanding uny provisiou of this Section, employee shall be entitled to select either
compensated overtime 01' eompensatOlY time off subject to budget limitations und departmental
rules and regulutions.
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
ClllTent mte.
S.ect.i0n.2.
Com1 Time
A. All eligible employees called for a subpoenaed court appcarance which urises our of the
course of employmellt and not contiguous with the employee's work shi fi shall be compensated lor
a minimum of two-and-two-thirds (2-2/3) hours at the rate of OIle IInd one-half (1-1/2) times the
employec's regular hourly rate of pay. Should thc appearance exceed two ami two-thirds hours, the
employee shall receive puy for the actual appearance time, excluded COUl1 designated lunch period,
at the rate of one and one-half times the cmployee's regular hourly rate of pay. COlu1 appearance
time shall begin when the employee departments fi'om the Police Stotion to go directly to court.
I
B. Any appearance tllllt is contiguous with a regular work shift is not suhject to the two and two-
thirds minimum.
C. All employees agree to comply with "on-call" policies administered by their department.
Should an eligible employee be placed "on-call" during off duty hours for cOlu1appeal'llnce(s), hc
shall be I,>fanted two hours pay at the employec's stl'llight time hourly rate for any on call time prior
to 12:0Q noon aud two hOlll"s for all on call time afier the hour of 12:00 noon.
ARIlr.J R XTT HOI.JnAys'
A. TIle City agrees to grant ull employees a full shift pay /ill' each holiday recognized by City.
Every lilli-lime employee of the City, except employees of the Police Oepurtment who are
dussiJied as safely members of the Public Employees' Retirement System, shull be granted the
following holidays with pay:
, New Year's Day (JanualY I)
Martin Luther King Jr. Birthday (3rd Monday in January) I
Washington's Dil1hday (Third Monday in Febnmry)
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 Novemher)
The Calendar Day following Thanksgiving Day
Christmas Eve (December 24)
I
I
I
Resolution
Nwnber4'1/ J""-
Chrislmos Day (December 25)
ONE (I) FLOATING HOLJDA y*
A total of 12 hulidays annually.
*The noating holiday must be taken dnring each fiscal year (July I stthrough June 30th). Floating
holidays may not be calTied fOlwan.l beyond the tenn uf this agreement. Floating holidays must be
approved by the depnrlmenl head.
D. \'Vben a huliday falls on a Sunday, the next day shall be obselved as a holiday. When a
holiday tillls on a Saturday, the preceding day shall be observed as II holiday.
C. When II holidllY falls on a full-time employees regularly scheduled day off, the employee shall
receive either the previous or /ollowing dllY off or compensatory time, in keeping with other
provisions of this MOU, subject to discretion of Depm1ment I-lead.
D. An employee who is required to work on a holiday, shall receive pay computed at one and
one-half (1-1/2) times the employees' basic hourly rate for the number of hours actually worked. In
additiun, the employee sllllll receive compensatOlY time fur each holiday worked.
E. Holidays which filII during on employees' leave time shall not be charged against the
employees' leave time balance.
A RTTCl R XlII ~ICK T ,RAjlE
A. All fnll-time employees covered by this resolution shall accrue sick leave lit the rate of one
(I) eight (8) hour dllY per month of service. Sick lellve may be accumulated up to IInd including
520 hours. Except as otherwise provided in this resolution, no employee sllllll receive /l,rlher
accruals once the 520 hour maximum is reached.
D. The Depnrtment Head may require employees to present proof of illness for sick leaves in
excess of tlu'ee (3) working dnys.
C. Employees who elected to retain sick leave balances prior to conversion to the leave time
provision on July I, 1987:
t) May utilize those balances tor sick lellve purposes.
2) Upon tennination, shall be paid tor the existing sick leave balllnce at one qnarter
(25%) oflhe employee's then applicable base rate of pay.
D. Except lIS otherwise provided, employees shall not be eligible fur any payment flll'sick
.Ieave balnnces upon termination.
E. Employees whu are on leaves of obsence, without pay, shall not accrue sick leave huurs
during said leaves of absence.
F. Sick leave balances may not be used to defer a disability retirement.
ARTrCI.R XIV VACATTONTll\!lE
A. All/lill-time employees covered by this resolution, who shall have at least one year's
continuous selvice as a full-time employee immediately preceding, shall be gronted a vacation
with pay of approximately 80 hours pel' year up to a maximum of approximately 160 hours per
year.
B. All Jtlll-time employees, who shall have at least Jive years of continuous service, shall be
entitled 10 eight (8) odditional hours of va cut ion per year of full-time continuous service Jor each
year of service in excess of live years up to a maximum of approximately 160 hours per year.
The vacation accrual schedule is as follows:
Resolution
Number Jl'!15
Years Vacation Mux. Hrly.Accnml Annual Maximum
Service I-lours Rate Per Vacation
Vacation
Eamed Di-Weekly Pay Period Hour Aceruul
I 80 3.0769 80 160
2 80 3.0769 80 160 I
3 80 3.0769 8U 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 ]20 4.6153 120 200
II 128 4.9230 128 240
12 136 5.2307 136 240
13 144 5.5384 ]44 240
14 152 5.8461 152 240
15 160 6.1538 160 240
C. Employees of the City considered as hourly, part-time and/or seusonal employees shull
not be eligible for paid vacotion.
D. All full-time employees shall only be ollowed to accrue a max.imum of240 hours of
vucution as set forth above. Once this maximum is reached, allli.lrther uceruuls will cease.
Vucalion accruals will recommence after the employee hus tuken vacation and the employee's
uecrued hours drop below the maximum. The maximum can only be exceeded wilh the approvul of
the City Munager in writing.
E. Employees are encouraged to use atleust the umount of vacation hours earned elll:h liscul
year. 1110se employees who have been credited with pre-existing leav!: hours are expected to use a
portion of the excess as leave lime, in addition to the n!:w vacution hours each year, until the
muximum aecl1lal is met. The City recognizes thut a number of long-tel111 employees huve accrued
sllbsluntially more leuve lime thun shortcr-tenn cmployees, and thut it willlikdy tuke them
signilicantly longer to achieve this goal. It is the intent of this section to balance the personul
interests orthe employee with the fimmcial concerns of the City; as such, significant progress
toward reaching the maximum accrual amounts may be deemed a success.
I
F. Vacation leave time shull not be approved until such time as it has been eorned, unless PliOI',
special arrangements have been made with the City Manager. The time at which an employee shull
tuke vacation It:uve shall be requested by the employee plioI' to the start ofthe vacation leove
period. Such vacation leave to be taken sha1l be subjcct to the prinr approval of the Department
I-lead, or designee, suhsequent to considel'lltion ofthe departmental workload und olher stalling
considerations, such as hut not limited to, the previously approved vacation schcdule of other
employecs, sick leave and position vacancies.
G. Not more than once in each fiscal year, an employee who has completed at least one (I) year of
continuous selvice sha1l, upon request, receive compensalion for up to !illy (50) hOllrs of uccrued
vacution timc providt:d that the employee has tuken an equul amonnt of vucution lime 01T within I
that fiscal yeur.
J-l. Employees covered by this resolution shall have ceased accruing genemlleave. Previously
eamed lime shall be used/compensated lor as follows: Upon sepamtion or employmcnt with the
Cily,a1lleave hours will be paid to the employee at the employee's CUlTent base rute of pay.
AFTIC-I F XV I,FA VF~ OF AR~EN(,F
I
I
I
Resolution Number Jf9 /.r---
Scction..l.
A111hnri7ed I.cave of Ahsence Witholl~>!
A. Upon the Depm1ment 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 Guvemment Code.
B. Upon writlen request of the employee, the City Council may grnnt a Icave ofahsence, wilh or
without pay, for a period not to exceed one (I) year.
C. At the expiration of the approved leave, atter notice to retum to duty, the employee shall be
reinstated to the position held at the time leave was granted. Failure 011 the part of the empluyee tu
report promptly at such leave's expiration and receipt of notice to retum to duty, shall be cause lor
discharge.
D. During any authorized leave of absence without pay, an employee shall not be eligible to
accnmulate or receive Hinge benefits, cxcept as specifically provided lor in this Memorandum of
Understanding, except that the City shall contribute to an employee's medical and dental health
plan, disability insurance plan, life inslll'ance plan lor the first thirty (30) days of leave uf absence.
SJ:1:tion2.
Iletl:ll\'l:lIll:nt..Ll:lU!l:
The City agrees to provide forty (40) hours bel'ClIVemcnt leave with pay lilr death in the immediate
family. The hereavement leave shall not be chargeable to or accumulate as sick time. "Immediate
IluniIy" is delined as spouse, the father, mother, son, daughter, brother, sister, gnllldpllrents,
grandchild, step-mother, step-father, mother-in-law, father-in-law or dependent relatives living with
the employee.
S.cctiwLl.
Military I .eave of Ahsence
A. Military leave shall he b'l'anted in accordance with the provisions of State law. All employees
entitled tu military leave shall give the Department Head an opportunity within the limits of
military regulations to dctermine when such leave shull be taken. Whenever possible, the employee
involved sball notify the Department I-lead of such leave request ten (10) working days in advllnce
oflhe beginning of the lcave.
B. In addition to provision of Stale Jaw, the City shall continuc to provide eligible employees on
military leave, the ClllTCnt heallh benelits (medical, dental, disability and life insurance allll
retirement (if applicable) tor the first three (3) months of military leave. During said period, the
employee shall he require~ to pay to the City the same co-payments as required of other employees.
AileI' the first three (3) months of military leave, the employee may continue said benefits at his
cost.
Se,'I;nn4.
&egnan~sabilitJLl.euve nf Ahsence
A. An employee who is disabled due 10 pregnancy shall be granted a pregnancy disability leave
as provided by the Stute of Culililrnin und the Fedcral Family Medical Leave Act. The employee
mny elect to take a lesser period of leave.
B. Disabilities arising out of pregnmlCY shall bc treated the same as other temporary disabilities
in tenns of eligibility Jor, 01' entitlement to, leave with or without puy.
Scction..5.
Eatnil}!..1ca\1fl
Upon a denlonstration of need and subject to the following conditions, an cmployee may take leave
or unpaid leave to care lor his newborn infant, whether through parentage or adoption, or to care tor
a seriously ill or injured member of the employees "immediate family" as delined in AI1icle XIV,
Resolution
NumberJltf/~
A. Proof of thc bir1h or adoption of a newbolll infant or the serious iIlnessliruury uf the family
member must be submilled to the City.
I3. Rt:quests till' fmnily leave must be submitted in writing to the empluyee's supervisor lit the
earliest possiblc dute precediug the time when the leave is to hegin.
C. Operational needs of the City shall be relevant in determinations regarding the grunting of I
tlunily leave in accordance with the provisions of State and Fedel1ll Family Leave laws.
D. In the evcut of an extended family leavc, the employec may he required to periollically report
on the status of the situation giving rise to the leave.
E. Family leave may be gl1lnted only upon the recommendation of the Department I-lead and
approval of the City Manager consistent with the provisions of State and Federal Family Leave
laws.
F. A maximum of lour hundred (400) working hours of family leave in any combination of sick
leave and unpaid leave may be taken during any two (2) year petiod unless a greater amount is
prescribed by state or federal law.
~edion 6.
Catastrophic relive
The purpose of the Catastrophic Leave Pool is to enuble full time employees to receive and dOllate
vacation, administrntive leave, and compensatory timc off (CTO) lellve credits on an hour fill' hour
basis to assist employees who have no leave and who will suffer a till!U1cial hardship due 10
prolonged illness or injury to themselves or a membcr of their immediate Jluuily. Sick Leave is
excluded from this program.
A. Catastrophic Leave will be available only to employees who have exhausted their own paid
leuve through boua tide serious illness or accident.
B. The leave puol shall be administered by the Finance Depm1ment.
C. Employees must be in regular full-lime appointed positions to be eligiblc for catastrophic
leave.
D. Employees receiving Long-Term Disability payments are excluded (i'om this progrum.
E. All donations are to be confidential, between the donating employee and the Finance
Dcpartment.
F. Empluyces donating to the pool must have lorty (40) hours of paid leave available after
making a donation.
G. Domtting empluyees must sign an lIuthOlizl\tion, including specifying the specific employee
to he a recipient ofthe donation.
1-1. Donutions will be suhject to applicable tax laws.
I. The availability of Catastrophic Leave shall not delay or prevent thc City from taking action
to medically sepanite or disability retire an employee.
1. Catastrophic Leave due to illness or injury of an immediate family member, may require
medical justilication as evidenced by a Physician's Statement that 'the prescnce of the
employee is nccessary.
K. Catastrophic Leave due to the illness or injury of the employee will rcquire medical
I
The following conditiuns shall apply to Catastrophic Leave:
I
I
I
I
Resolution Number~9 I..r-
Scction..!l. R\;j.ec1ion of Probalionm:y Fll1l'lu}1.l:C
A. During the prohlltionary period an employee may he suspended, demoted, or rejectc::tl
anytime hy the Dep1ll1ment \-lead, with approval of the City Manager, wilhout cause and without
right of appeal, except the right of appeal of punitive action as may be provided hy law.
Notification of rejection, in writing, shall be servcd on the probationary employee and a copy filed
with the Personnel Offici:. A temlination intervicw may he conductcd with each rejected
probationer.
B. An exception will be applied where the probationary employee's job temlinalion or
dismissal is based on charges of misconduct which stib'Tllatizes his rcputation or seriously impairs
his opportunity to ellm a living, or which mighl sctiously damage his standing and association in
the community. Where there is such a deprivation of a "liberty interest", the employee sllllll be
given pre-disciplinary procedural due process as dcfined in the City of Seal Beach Personnel Rules
and Regulations and this Memorandum of Understanding. PlioI' to lhe disciplinary action
becoming final, the employee must be notified of his right to the appeal procedure as outlincd in
these Rules and Regulations.
AHTTr.J.E XVIIl I.A VOFr PROC-Em IR ES
The appointing authority may luyofT employees or demote employees in lieu of layoff snbject 10
Rule XII- TERMINA nON PROCEDURES ofthe City's Personnel Rules.
Notwithstanding Rule XII uf Ule City of Seal Beach Personnel Rules, the City agrees to replace
Section2(c) of Rule XII with the lollowing:
Whenever seniority is equaJ, the seniority of the employce shall be detel1nined first hy
examining continuous service within the affected classification and if not detctminative,
then hy positiun on the employment list.
ARTIC-I.E XIX SAFETY C-OMMITTEE PROGRAM
A City-wide Safety Committee Program will bc implemented; an employee representing each
department will participate and will meet on a quartcrly basis.
ARTrC-I.I\ XX - ORIJG & ST IRSTANC-E Am ISF. POf.lC-V FOR C-OMMm~C-TAJ. OR rVER"S
I .JC-F.NSE HOI ,nrm.s
Anti-DI1Ig & Alcohol Policy
Effective immediately, all employees of the City of Seal Beach who are required to possess a
commercial drivcr's license - Class A or B - to operate a City vehicle in the scope ofthcir
cmployment, or employees who perfol1u safety sensitive functions will be subjecttll controlled
substance and alcohol testing mles in accordance with Federal Regulations 49CFR, Parts 382,
391, 392 IInd 395.
This policy rellects the City's compliance with the applicable Federal laws in conjunction with II
commitment to provide a safe enviromuen! for its employees and the public alike. Only covered
cmployee positions amI covered employees pct-fol1uing safety sensitive functions are cxpectcd to
comply with this policy. By implemcnting this policy, the g01l1 is to ensure II drug and alcohlll-
ti'ee transpo11ation environment and to reduce accidents, injuries and fatalities.
ARTICLE XXI - ENTIRF. MFMORANDTIM OF IJNDERSJ:A:bIlliNG
ScctiwLl. Mergl:LuLMegoli"lions
This Memonmdum of Understanding represents the full and completc understanding of evcry kind
or nature whatsoever between the parties hcreto and all preliminary negotiations and prc"ious
Memorandums of Understanding of whatsoever kind of nature are merged herein.
Resolution NumberJ/t!/~
S.ectiulL2. Notwithstanding the pruvlston of Section I., there exists within the City certain
personnel rules and regulutions and depm1ment rules and regulations. To the extent thnt 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 10
being changed hy the City in accordance with the exercise of City rights under this Memorandum
of Understanding and applicable state law.
Sf:C1ion..1.. Except as provided herein, other terms und conditions of c.mployment, oral or wrillcn,
express or implied, that arc presently enjoyed by employees represented by the AssociHlion shull
remain in fulllorce ami effect during thc entire term of this Memomndum of Undcrstanding unless
mutually agreed to the contrary by both parties hereto.
I
Sf:C1illll..A. SeparJl~
lf any provision of the Memorandum of Understanding or the upplication of such provision to any
person or circumstance shall he held invalid, the remainder of the Memonmdum of Understanding
or the appIicalion of such provision to persons or circumstances other than those as to whieh it is
held invalid, shall not be affected thereby.
AllTlc;I.F. XX1.I::..J:EBM OF MEMORANDIlM OF IlNnER~T^NnIN(1
This Memorandum of Understanding shall remain in full force and effect from July 1,2001 unlil
midnight, June 30, 2002.
AwnC;l,F XXIII - FMERGENc;y WAIVER PROVI~I.ON
In the cvenlof circumstances beyond the control of the City, such as acts of God, fire, flood, civil
disorder, national emergency, or similar circumstances, provisions of this Memornndum of
Understanding or Ihe 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. Aller thc
emergcncy is over, the Associution shall have the light to meet and conler with the City regarding
the impact on employees of the suspension of these provisions in the MemorandulII uf
Understanding and any Persunnel Rules and Regulations.
I
,
AFTI(;f ,F XXIV - R A TIFlc;l\IION
This Memorandum of Understanding is subject to approval and adoption by the City Council and
ratilication of the rClluired number of the duly authorized representatives of Ihe Association.
Following such approval and adoplion, the Memol'lmdum of Understanding shall be implemented
by the approptiate resolulions(s), ordinance(s), or olher wrillenaction ol'the City Council.
lN WlTNESS HEREOF, the parties have hereto caused this Memorandum of Understanding to be
executClllhis day of , 200 I.
CITY OF SEAL BEACH MANAGEMENTREI'RESENTATIVES
JOHN B. BAI-IORSKJ, CITY MANAGER
I
SEAL BEACH EMPLOYEES ASSOCIATION REPRESENTATIVES:
Larry Lykins, Employee Relations Coordinator, OCEA
AJan Bramlet!, Sr. Water Utility Operator
I Michael Uggla, Mainlenance Worker II
I
I
Resolution Number
8 P yYLtI'4-
Bill MO\'lln, Electrician
t/9/.s'
Resoiution NUmber~
Attachmcnt A
I. Ellective the first payroll period of July, 2001 (June 20, 200 I), a 2% cost of living
increase will be given to all positions Jisted below and a $250 signing bonus will be provided to
all full-time employees in the positions listed below:
Runge' A B C D E I
Account Clerk 23A 2355 2473 2597 2727 2863
Permit Technician 23A 2355 2473 2597 2727 2863
Maintenance Worker I 23A 2355 2473 2597 2727 2863
Police Records Technician 23E 2404 2524 2650 2782 2921
Community Services Officer 25E 2524 2650 2783 2922 3069
Water Services Representative 26A 2536 2663 2796 2936 3083
Maintenance Worker 1I 27A 2600 2730 2867 3010 3160
MOlor Sweeper Operatur 29E 2787 2926 3072 3226 3387
Water Ope1'lltor 30A 2800 2940 3087 3241 3403
Animal Control Officer 30E 2856 2999 3149 3306 3472
Mechanic 33A 3015 3166 3324 3490 3664
Lead Maintenance Worker 37A 3328 3494 3669 3852 4045
Sr. Water Operator 37D 3378 3547 3724 3910 4106
Electrician 38D 3462 3635 3817 4008 4209
2. EIlective the first payroll period oI'January, 2002, a 2% cost of living adjustment will he
given to all positions listcd below:
Runge A B C D E
Acccnmt Clerk 23B 2404 2524 2650 2782 2921 I
Penllit Technician 23E 2404 2524 2650 2782 2921
Maintenance Worker I 23E 2404 2524 2650 2782 2921
Police Records Tec1mician 24D 2450 2573 2702 2837 2979
Community Selvices Ollicer 26D 2574 2703 2838 2980 3129
Water Services Representative 26B 2587 2716 2852 2995 3145
Maintenance Wurker II 27E 2652 2785 2924 3070 3224
Motor Sweeper Operator 30D 2842 2984 3133 3290 3454
Water Operator 30E 2856 2999 3149 3306 3472
Animal Control Officer 3lD 2912 3058 3211 3372 3541
Mechanic 33E 3075 3229 3390 3560 3738
Lead Maintenance Worker 37E 3395 3565 3743 3930 4]27
Sr. Water Operntor 38C 3445 3617 3798 3988 4188
E1eclrician 39C 3531 370l! 3893 4088 4293
I
I
I
I
Resolution
Number~r/~
GRfRVANCE PROCEDURES
SECTION 1- PIJRI'OSE OF GRIEVANCE I'ROrRmmE:
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) Thc resolution of any complaint concerning any
disciplinary action; or
(b) The resolution ofnny complaint concerning any aspect of the performance
evuluation process, except for complaints in regard to deterrcd advancement under
Rule Xl Section 4;
(c) The resolution uf any complaint relating to any concerted refusal 10 work.
SECTION ~ - INFORMAL mSCllSSrON OF GRIEVANCE'
When an employee has a complaint, the employee shall first informally discuss the matter wilh
the employee's immediate supervisor within fifleen (J 5) cllJendar days Ii-om the date of the
incident or decision gencrating the grievance. I f; after a discussion with the immedillte
supervisor, Ihe complaint hus not been satisfactorily resolved, the employee shall huvc the right
to discuss the complaint inlonnally with thc supervisor's immediate superior. If, after such u
discussion, the complaint has not been satisfactorily resolved, Ihe employee shall hllve the right
to file a formal grievance.
SECTION 1 - FORMAl, GR IF.V ANCF. PROCEDI IRE'
The fornial grievance procedure shall be used to resolve an employec's complaint not
satisfactorily resolved by informal discussion.
(a ) An employee shall have the right to present a formal b'lievance, in writing, within
five (5) wurking days after the infonnal discussion of the grievance with the
immediate supervisor or the immediate supervisor's superior. All fomllll
grievances shall state the reasons for the compJaint and the employee's suggested
solution.
(h)
The fonnal grievance shall hc presented to the department director. The
deparlment director shall discuss the grievance with the employee aod/or the
employee's representative. Within ten (10) working days aflt:r reccipt of the
lonnal grievance, thc depllliment director shall render a writlen decision regarding
its merits. If the department director's decision does not satisfactorily resolve the
complaint, the employee may present the tormal grievance to the personnel
officer. The grievance shall be considered resolved and no Ii.n1her review of the
subject matter of the gricvance shall be pemlitled under this rule when the
employee does not seek further review of the grievance within live (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 wilhin five (5)
working days constitutes a decision denying the grievance.
(c) When the employee presents a formal grievance to the personnel officer, the
personnel otlicer shull discuss the grievance with the employee and the
employee's representative. Within fifteen (15) days after meeting with the
enlployee and the employee's representative, the personnel otlicer shall render a
written decision regarding its merits. The decision of the personnel ofliccr shall
resolve the grievance ami no further review of the subject matter ufthe grievance
Resolution NUmber~
shall be permilled within the city's administrativc process.
(d) The City shall not institute IIny reptisals against allY employee or any
representillive resulting from the use uf the grievance procedure. The personnel
officer may designate a department director or third pm1y tll serve as the final
reviewer lor employee grievances.
(e)
An employee submilling a grievance and the employee's representative may use a
reasonable amount of time during working hours to prepare for and presenllhe
grievance.
I
I
I