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HomeMy WebLinkAboutCC Res 4825 2000-08-14 RESOLUTION NUMBER~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING REVISIONS TO THE MEMORANDUM OF UNDERST ANDING BETWEEN THE CITY OF SEAL BEACH AND THE ORANGE COUNTY EMPLOYEES ASSOCIATION WHEREAS, the Gavernment Cade .of the State .of Califarnia prescribes a procedure far resalving matters regarding wages, haurs and ather terms and conditians .of emplayment; and WHEREAS, the City .of Seal Beach has met and canferred in gaad faith with the Orange County Emplayees' Assaciatian (OCEA) far the purpases .of discussing said terms and canditians .of emplayment and have reached and agreement, and I NOW, THEREFORE, BE IT RESOLVED that the City Cauncil .of the City .of Seal Beach hereby amends the Memarandum .of Understanding between the City .of Seal Beach and the Orange Caunty Emplayees' Assaciatian, with said revisians attached as Exhibit A ta this resalutian. NOES Cauncihnembers by the City Cauncil .of the City .of Seal Beach an , 2000 by the follawing vate PAS~fJ' APPROVED AN ;.... day .of AYES - ABSENT: Cauncilmembers '-fJ~~~f~ I STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF SE.AL BEACH ) I, Joanne M Yea, City Clerk .of Seal Beach, Califarnia, da here certify that the faregaing resalutian is the .original capy .of Resalutian Number an file in the .office .of the City Clerk, passed, approved, and adap~ the City Cauncil .of ,ity .of Se I Beach, at a regular meeting thereafheld an the A _ day .of ,2000. I ,/", '- ~8".,iJ);( ..12 . y lerk I Resolution Number~ EXHIBIT A I MEMORANDUM OF UNDERSTANDING ORANGE COUNTY EMPLOYEES ASSOCIATION I I Resolution Number t/er:l5 T ABLE OF CONTENTS MEMORANDUM OF UNDERSTANDING - ORANGE COUNTY EMPLOYEES ASSOCIATION PAGE NUMBER ARTICLE I. Recognition Section I. 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 I 1 1 I I I I I 2 I ARTICLE II DUES AND BENEFIT DEDUCTIONS Section I. Payroll Deductions Section 2 Employee Association Dues Section 3 Indemnification 2 2 2 ARTICLE III CITY RIGHTS Section I RightslResponsibilities 2-3 Section 2 Operation Changes 3 ARTICLE IV, NON-DlSCRIMINA TION Section I. Equal Employment Opportunity 4 Section 2. Use of Gender 4 ARTlCLE V. COMPENSATION PLAN Section I Basic Compensation Plan 4 I Section 2. Advancement within Salary Ranges 4 Section 3. Salary 1 ncreases 5 A. Promotional Appointment 5 B. Temporary Appointment 5 Section 4. Salary Decreases 5 Section 5. Adjustments of Salary Ranges 5 Section 6, Salary and Benefits on Suspension 5 Section 7, Salary Adjustments During Term ofMOU 5 ARTICLE VI SPECIAL PAY PROVISIONS Section I, AutomobilesIMileage 6 Section 2, Training Pay 6 Section 3, Maintenance Worker Merit Program 6 Section 4, Seniority Bonus 6 Section 5, Standby Compensation 6 A Animal Control 6 B PW Employees 6 Section 6. Shift Differential 7 Section 7 Class NB License Pay 7 Section 8 Traffic Signal Teclmician Pay 7 Section 9. Training Program 7 I Section 10 Uniforms & EquipmentlUnifOlm Allowance 7 A. Unifonns 8 B, Uniform Allowance 8 C Safety Shoes 8 D, Equipment Certification Program 8 Section II. Water Treatment/Water Distribution Pay 8 ARTICLE VII. FRINGE BENEFIT ADMINISTRATION Section I. Administration 8 Section 2. Selection and Funding 8 Section 3. Changes 8 Resolution Numbe~~ ARTICLE VIII. HEALTH, DENTAL, LIFE & DISABILITY INSURANCE Section 1 Coverage - Health and Dental Insurance 9 Section 2, Retirement Health 9 Section 3, Life Insurance 10 Section 4 Disability Insurance Plan 10 Sel-tion 5, Premium Only Plan (POP) 10 I ARTICLE IX RETIREMENT 10 ARTICLE X HOURS OF WORK 10 ARTICLE XI OVERTlME Section I. Overtime and Call-Out Pay II Section 2. Court Provision II ARTICLE XlI, HOLIDAYS 12 ARTICLE XlII SICK LEA YE 12 ARTICLE XIV V ACA T10N TIME 13 ARTICLE Xv. LEA YES OF ABSENCE Section I Authorized Leave of Absence Without Pay 14 Section 2. Bereavement Leave 14 Section 3, Military Leave IS Section 4. Pregnancy Disability Leave IS Section 5 Family Leave IS Section 6, Catastrophic Leave IS ARTICLE XVI. JURY DUTY 16 ARTICLE XVII. PROBATIONARY PERIODS I Section I Appointment Following Probation Period 16 Section 2. Objective of Probationary Period 17 Section 3. Emp]oyee Perfonnance Appraisal 17 Section 4. Rejection of Probationary Period 17 ARTICLE xvrn. LAYOFF PROCEDURES 17 ARTICLE XIX SAFETY COMMITTEE PROGRAM 18 ARTICLE XX ANTI-DRUG/ALCOHOL POLICY MANDATED BY 18 FEDERAL REGULATIONS FOR CERTAIN EMPLOYEES ARTICLE XX ENTIRE MEMORANDUM OF UNDERSTANDING Section I, Merger of Negotiations 18 Section 2. Contradictions 18 Section 3. Conditions ]8 Section 4, Separability 18 ARTICLE XXI, TERM OF MEMORANDUM OF UNDERSTANDING 19 ARTICLE XXll. EMERGENCY W AlYER PROVISION 19 I ARTICLE xxm, RATIFICATION 20 ATTACHMENT A. SALARY DETAIL 21 APPENDICES Appeal Procedures - Personnel Rule XIV Appendix I Grievance Procedures - Personnel Rule XV Appendix 2 Resolution Number t/6'efl,~ EXHIBIT A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND ORANGE COUNT EMPLOYEES ASSOCIATION I AR.TJr.T F I RRr:Or.NITTON S"c.tion I Pursuant to the provisions of Employee-Employer Relations Ordinance Number 769, as amended, the City of Seal Beach (hereinafter called the "City" and/or "Employer" interchangeably) has recognized for the purpose of this Memorandum of Understanding, the Seal Beach Chapter of the Orange County Employees Association, an association of employees of the City of Seal Beach, hereinafter referred to as "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 S..r.tion 7, The City recognizes the Association as the representative of the employees in the classification and assignments set forth in Section I above for the purpose of meeting its obligations under this Memorandum of Understanding, the Meyer-Milias-Brown Act, Government Code Section 3500 et seq, when City Rules, Regulations or laws affecting wages, hours and/or other tenus and conditions of employment are amended or changed. Sec1ion..l. The City agrees that the recognized representatives of Association not exceed four (4) in number and shall be entitled to meet and confer with City during said recognized representatives' I 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 offices of Association, Srr.tion 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 witllin City facilities. S"f'tion ~, City recognizes Association's right to appoint or elect representatives to meet and confer with City's management representatives on salaries, wages, and tenus 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 filII time, Sp.f'lion..6. It is recognized and agreed that no Association business and/or meetings will be conducted and/or attended by employees of City during their respective hours of duty and work unless specified herein, S",.tion 7 Representatives and/or officers of Association shall not interrupt the work of any employee I of City at any time to conduct business or other matters colmected with Association without prior consent of Management. Sp',"tion 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. I I I Resolution Number~~~ S"r.finn C) 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 ARTIrI P" nI IPS ANn RPNRFTT OPnI 1r.T10NS ~p.r.tinl1 I. PSlyrnll np.(hlr.tinn~ 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 detennine 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 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 union providing that any deduction shall not be less than five dollars ($5.00) on a monthly basis, or two dollars and fifty cents ($2.50) if semi-monthly deductions for such purpose as authorized by Management. ~pr.tinn ?, Fmplnypp. A~~nr..i;ttinn nllP.s, 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 fonn 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 tenns 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 ~p.r.t;nn '1 lnrlplnnifi~~tinn The Association agrees to hold the City hannless and indemnifY the City against any claims, causes of actions, or lawsuits arising out of the deductions or transmittal of such funds to the Association, elCcept the intentional failure of the City to transmit to the Association monies deducted from the employees pursuant to this Article, ARTIrI P III r.rTY RIriHTS Sp.c.tinn I Right.tRp.~pnn~ihilitip.. 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 mallage the City generally and to detennine the issues ofpolky B To detennine the existence or nonexistence of facts which are the basis of the Management decision. C, To detennine the necessity and organization of any service or activity conducted by the City and expand or diminish services D. To detennine the nature, manner, means and technology and extent of services to be provided to the public Resolution Numberl/BOl~ E To determine methods of financing F. To detennine types of equipment or technology to be used G, To determine and/or change the facilities, methods, technology, means, organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted. H To determine and change the number oflocations, relocations, and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation ofthe 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 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 perfonnance programs and standards L To discharge, suspend, demote, reprimand, withhold salary increases and benefits, or othetwise discipline employees for cause, M. To detennine minimum qualifications, skills abilities, knowledge, selection procedures and standards, job classifications and to reclassifY employees in accordance with this Memorandum of Understanding and applicable resolution and codes ofthe 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 I 0, To detennine policies, proccdures 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 perfomlance standards including but not limited to, quality and quantity standards and to require compliance therewith. Q To maintain order and efficiency in its facilities and operation, R To establish and promulgate and/or modify rules and regulations to maintain order and safety and which are not in contravention with the Agreement. S. To restrict the activity of an employee organization on municipal property and on l11unicipaltime 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 Sp.diClIl 1. Where the City is required to make changes in its operations because of the requirements of I law, whenever the contemplated exercise of City Rights shall impact the wages, hours and other tenns 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 malleI' of the exercise of such rights is provided for in this Memorandum of Understanding, I I I Resolution Number~~ ARTlr.T R TV _ NnN-m~r.RTM1NATlnN ~",~inn I. The City and the Association agree that they shall not discriminate against any employee because of race, color, sex, age, national origin, physical handicap, marital status, political or religious opinions or affiliations, The City and the Association shall reopen any provision of this Memorandum of Understanding for the purpose of complying with any final order of the Federal or State agency or Court of competent jurisdiction requiring a modification or change in any provision or provisions of this Memorandum of Understanding in compliance with State or Federal anti-discrimination laws, ~p.~tinn 7., Whenever the masculine gender is used in this Memorandum of Understanding, it shall be understood to include the feminine gender. ARTlr.T R V - r.nMPFN~ATION PI.AN Sp.r.tinn 1 R~~ir. rnlnrp.ns.~tinn Phm 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 salalY schedule shall consist offive (5) steps within each range, B, The first step is a minimum rate and is normally the hiring rate for the classification An 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. C. 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 nonnally eligible for these adjustments at any time after the completion of one (I) year of service at the preceding step, Each adjustment shall be made subject to the recommendation of the Depaltment Head and with the approval of the City Manager. ~p.~tinn 7. Ac/""n~p.nlenLwithin..Sa/~ry R~ngp., merit A 1n order to properly compensate an employee, advancement in salary shall be based on B. Advancement in salary shall not be automatic, but shall depend upon increased service value of the employee to the City. C. The Department Head and/or the employee's immediate supervisor shall be responsible to evaluate employees fairly in an unbiased fashion for the determination of job performance Advancement shall be made only upon recommendation of the Department Head with the approval of the City Manager D. An employee must be reviewed at least once every twelve (12) months from the effective date of his last performance step increase, special perfonnance 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. Resolution Number 48~ S- ~p.r.tinn 1, ~::Ihny Tnr..rp.:I!ii:.p.!ii:. 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 I 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 assigned by the department director in writing to regularly scheduled acting assignments ofless than 120 hours shall also be entitled to move-up pay. Move-up pay will be retroactive to the first hour selVed in the higher classification and shall be paid at a rate equal to the first step ofthe higher classification but in no event shall move-up pay be less than five percent (5%) more of the employee's current rate Spr.tinn 4 SRIRry n..~r..eases In the case of a demotion of any employee in the department to a classification with a lower maximum salary, such employee shall be assigned to the appropriate salary step in the new classification as recommended by the Department Head with the approval of the City Manager. The employee shall retain his previous aniliversary date, S..ctinn ~ ArljJldm..nto nf SRIRl:)' R Rng"o Whcn 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 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. I Sect.i0n...6. ~::Ihn'Y ::Inn Rpnp.fit~ nn ~'I"p.ncinn s'Pr.tinn 7, S,::.I:uy Acljll!ii:.hnp.nt!ii:. rlllring Tp.nn nfMpmnnmdllm of , InclprotRncling 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 Attaclunent A B If the management representative is of the sole opinion that recruitment, retention or other reasons necessitate other upward salary adjustments, Management representative will meet and confer with Association on position classifications specified by the Management representative or Association Management representative may make additional recolTunendations to the City Council. C~ It is understood and agreed that agreed-upon employees may be classified as confidential or supelVisory employees I 0; For any and all position classifications not listed in tlus section, said classifications not having personnel employed by City, salary adjustment, if any, may be recommended by Management withput further consultation or approval of Association Resolutlon Number 4I#.1S- ARTJr.1 F. VI SPF.C'TAI PAY PROVISIONS Sp.f":tinn I. AlItnmnhilp.!il ~ncl MilpJlgp. 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), I Secti.0n..2 M~infp.n~n('p. Wnrkp.r Mp.rit Prngrnm Under tile provisions of this program, all Maintenance Worker I employees will become eligible to "promote" to the classification of Maintenance Worker II providing the following conditions have been met, I) The employee must have reached "E" step in the classification of Maintenance Worker L 2) The employee must have served in the capacity of Maintenance worker 1 "E" step for a minimum period of twelve months 3) Employee must have been rated satisfactory on most recent performance evaluation. Any vacancies in the Maintenance Worker I or II work force will be recruited at the Maintenance Worker I level S,P.r.tinn 1. S,pninrity Hnml~ Employees who have achieved ten years of unintenupted employment with the City shall receive a five percent (5%) increase in base salary effective on the 10th anniversary of their employment I s'pc:tion 4. St::.nnhy C:nmpp.n~tinn A. I, Standby Compensation - Animal Control Animal Control officers on standby assignment shall be compensated at a rate of eight hours straight time pay and eight hours of compensatory time earned per month, B. J. Standby Compensation - Utilities Division: ~ach employee of the Utilities Division (Water, Sewer) who is assigned by the Water Superintendent to standby duty will be compensated for one (I) hour of overtime pay each 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 on standby duty who are called out will be compensated m accordance with Section IS 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. I 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) Resolution Number~~5 minutes driving time of the City of Seal Beach at all times In addition, standby persolUlel will be required to have in their possession a current rostcr listing each employee in the Utility Division with their telephone number S""linn ~. Shift niff"r"nti~1 City agrees that employces in the Public Works Department who are assigned duties between the hours of 4'00 a m. and 6.30 a.m shall be paid at a rate of time and one-half for time worked during that I period. ~p.c:tinl1 ~. Tr:.lffi~ S;en~1 Tp.r.hnir.i~11 ~ Each employee in the Public Works Department in the classification of Electrician who has a Level 2 Traffic Signal Technician Certificate from the International Municipal Signal Association will be entitled to receive Fifteen Dollars ($15.00) per payroll period. ~p.r::tinll 7 f'.hH~~ AIR I .iC".P.m::.p. Pay Each full-time employee in the Public Works Department required by thc City to maintain a Class A or B license for the performance of their work, will be entitled to received Fifteen Dollars ($15 00) per payroll period, effective the first payroll period following ratification by Council. The Public Works Director or his designee will notifY Personnel Office of eligible employees. s'Pr.tinll R Training Prne:r::lrn s'pI'tinn Q. 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. I 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 tile 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 allowablc expenses per administrative training and per diem policy I I lnifnrm. Ii1 Fqnipm"ntlllnifnrm Allnw~n~" A Public Works Department Employees Each cmployee 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 I I I Resolution Number~~~ , pay the total cost of renting and laundering uniforms (designated by the Department Head) for cach eligiblc 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 unifonns 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 unifonn allowance. Should conditions of employment change and those classifications be required to wear a unifonn, the $20.00 per payroll period unifonn 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 include a safety officer from among represented employees The City shall establish a Safety Committee to review and recommend safety procedures. Sf"r.tinn 10, Watp.f TrP.;Itmp.nt/Wafpr n;drihlltinn 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 ill Water Distribution Operator Certificate from the American Water Works Association will be entitled to receive Fifteen Dollars ($15 00) per payroll period ARTlrr F VIT FRINCTF RFNFFIT AOMINISTRATION SP.r.tinn 1 Anmini~tr~tinn 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. s'~tinn 7. s'p.1p.C":tion ~nd Fll1uiing In the administration of fiinge benefit programs involving insurance, the City shall have the right to select any insurance carrier or other method providing covcrage to fund the benefits provided hereinafter during the tenll of this Memorandum of Understanding. S""tinn 1. r.h~ngt'. Provided, however, that the City shall notifY the Association prior to any change of insurance carrier or method of funding coverage for any fiinge benefits provided hereinafier during the tenn of this Memorandum of Understanding. No changes in insulance 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 tenn of this agreement, the City may provide alternative health plans Resolution Number IjB~5" ARTtr.1 F VIIT HPAI TH OFNTAI IIPF Ii1 mSARTT ITVINSIIRANf"P . . Sp.c~tion I A. Coverage - Health Insurance 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 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 . .... $237/month. ...$390/month .... .. .. ... $504/month. Effective January I, 200 I, 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 & I dependent .......... ...... ..... ....... For employee & 2 or more dependents. .... ......$261/month. ...$429/month. .... ..' ..... ... $554/month. Employees enrolled in the plan are required to pay any premium amounts in excess of the above City contribution. Such amounts will be deducted from the affected employee's payroll check on the first two pay periods for each month. ,. A pOltion 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 c. The City shall not change medical/dental insurance plans during the tenn of this agreement without first meeting and conferring on the proposed change I D. Part-time, scasonal, provisional and/or hourly employces shall not be eligible for participation in this program. E No person who is eligible to receive Worker's Compensation benefits is eligible to receive benefits from the City's group medical insurance F. Full-time employees of the City who have completed thirty (30) days of uninterrupted service shall be enrolled in this insurance program on the first day of the next succeeding month. G. Employees who change classification from full-time to part-time provisional, hourly or seasonal shall not be eligible for this benefit. H 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 rcason. City shall pay premiums for employees receiving temporary payments from Worker's Compensation Insurance s'p.ctinn 1, Rp.tirp.mp.nt J-1p.::Ilth Tmmr~nr.p: I 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. I I I Resdlufion NUmber~~~ B. All full-time' employees with 20 or more combined years of employment with the City shall, upon retircment, be provided with individual health insurance coverage If said employee has 30 or lIIore cOlllbined years of employment with the City upon retirement, eligible dependent health insurance coverage shall also be provided. The City shall contribute to thc cost of the selectcd coveragc consistent with the appropriate level as specified in Article VIII, Section I B of this Memorandum of Understanding. C. In all cases, the City's contribution for cligible dependent coverage for retirees shall terminate with the death of the retiree S~r.tinn 1, I ifp.: Tn~lInutce Management agrees to provide a group life insurance plan providing life insumnce coverage of Twenty-Five Thousand Dollars ($25,000) for cach full-time classified non-safety employee represcnted by the Association, a double indemnity accidental death benefit, and a dependent death bcnefit in thc amount of One Thousand Dollars ($1,000) pcr dependent. Said insurance shall become ellective after thc employee has completed thirty (30) days of uninterrupted service with said employee to be enrolled in the program on the first day ofthe next succeeding month Sp.dinn.4 ni~hilify Imml":;m~.p. Phm 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 Pelcent (66.67%) of thc employee's monthly salary, up to a maximum of Five Thousand Dollars ($5,000) per month, for a pcriod of time not to exceed the Icngth of injury or iIlncss, up to the age of 65. Said insurance shall become effcctive after the employee has completed thirty (30) days of uninterrupted service with said cmployee to be enrolled in the program on thc first day ofthe next succeeding month S.."tinn ~. Premium Only Plan (POP) - The City will provide a Premium Only Plan (POP) for hcalth and dental benefits. Thc 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. ARTIr.I F IX RPTrRPMPNT A. The retirement program provided by the City shall consist of a depooled PERS plan which includes the following Govcrnment Code provisions. A. B. C. D. E. Section 20042 Section 20965 Section 21024 Section 21573 Section 21251.32 One Year final compensation (Single Highest Year). Credit for unused sick leave Military Service Crcdit. 3'd Level of 1959 Survivor Bencfits 2% @ 55 The City shall pay that portion of the affected employee's retirement contribution that is equal to seven percent (7%) of the affected employees' base salary. ARTIrI P X HOURS....OE..W.O. A Up to and including the contract year cnding June 30, 2000, management agrees to not demand changes in tlle scheduling plan as it exists in the Public Works DepaJtment at the signing of this agreement, specifically the four-day plan. B At the discretion of the department head: Secretary and Account Clerk, Police Records Tcchnician, Animal Control Officer and Community Services OlJicer 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 Resolution Number t/8,;~ days cach week, referred to as the 4/1 0 plan. The Animal Control Officer may be scheduled in shills of five eight-hour days, referrcd 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 Bcach Division employees may be scheduled on a 5/8 work shift fi'om May through September. C. All General Unit Orange County Employees Association members shall be granted one-half (1/2) hour paid release timc to attend quarterly Association meetings and two additional one- I half (1/2) 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. ARTJr.1 F Xl OVFRTIMF Sectia.u.i Ovp.rtim.. ~nd.r~II-0Ilt P~y Section 2. B A If work beyond nonnal workday, workweek or work period is required, the employec who may be asked to perfonn 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 thc rcsponsible supervisor detennines that overtime is necessary on work started on an assigned shill, the assigned employee( s) may continue with that work as an extension of their assigned shill. C. Callout and overtime pay shall be paid at the rate of time and one-half thc hourly rate. Minimum "callout" time (when returning to work) shall be two (2) hours. D Overtime will be computed by dividing the employee's regular monthly salary by 173.3 to arrive at an hourly wagc. Paid overtime for the payroll period is to be sublnitted and computed with thc rcgular payroll I E. Notwithstanding any provision of this Section, employee shall be entitled to selcct either compensated overtime or compensatory time off subjeCt to budget limitations and departmental ndes and re/,,.ulations. .I F Non-sworn Police Dcpartment employees will be paid, with the first pay period in Decembcr. for any comp time hours in cxcess of 160 at that time Compcnsation will be at the employce's current rate Court Time A. All eligible employces called for a subpoenaed court appearance which arises our of the course of employment and not contiguous with the cmployee's work shill shall be compensated for a minimum of two- and- two-thirds (2-213) hours at the rate of one and one-half (1-1/2) times the employee's regular hourly rate of pay. Should the appearance excced two and two-thirds hours, the employee shall receive pay for the actual appearance time, excluded court dcsignated lunch period, at the ratc of one and one-half times the employee's rcgular hourly rate of pay. COUl1 appearance timc shall begin when the cmployce departments from the Police Station to go directly to court. Any appearance that is contiguous with a rcgular work shift is not subject to the two and two-thirds minimum I C. All cmployees agree to comply with "on-call" policies administercd by their dcpartment. Should an eligiblc employce be placed "on-call" during off dllty hours for court appearance(s), he shall be granted two hours pay at the employee's straight time hourly ratc for any on call timc prior to 12:00 noon and two hours for all on call time aller thc hour of 12'00 noon. I I I Resol~t:ion Number~~ ARTIrI F XII Hot lOA VS 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 I) Martin Luther King Jr. Birthday (3rd Monday in January) Washington's Birthday (Third Monday in Februwy) Memorial Day (Last Monday in May) Independence Day (July 4) Labor Day (First Monday in September) Veteran's Day (Novcmber II) Thanksgiving Day (Fourth Thursday in November) The Calendar Day following Thanksgiving Day Christmas Eve (December 24) Christmas Day (December 25) ONE (I) FLOATING HOLIDA y* A total of 12 holidays annually. *The floating holiday must be taken during each fiscal year (July I st through June 30th). Floating holidays may not be carried forward beyond the tenn of this agrcement Floating holidays must be approved by the department head 13 When a holiday 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 obselved 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. D An employee who is required to work on a holiday, shall receive pay computed at one and one-half (I-V2) 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 WI employees' leave time shall not be charged against the employees' leave time balance. ARTIrTF XIII SIr.K I F.AVK A All full-time employccs covered by this resolution shall accrue sick leave at the rate of one (I) eight (8) hour day per month of service. Sick leave may be accumulated up to and including 520 hours. Except as otherwise provided in tltis resolution, no employee shall receive further accruals once the 520 hour maximum is reached The Department Head may require employees to present proof of illness for sick leaves in excess of three (3) working days B. Employees who elected to retain sick leave balances prior to conversion to the leave time provision on July I, 1987: Resolution NUmber~q?~ I) May utilize those balances for sick leave purposes 2) Upon termination, shall be paid for the existing sick leave balance at one quarter (25%) of the employee's then applicable base rate of pay C Except as otherwise provided, employees shall not be eligible for any payment for sick Icave balances upon termination. D Employees who are on leaves of absence, without pay, shall not aCClUe sick leave hours during said leaves of absence I E Sick leave balances may not be used to defer a disability retirement ARTIC'I F XIV V AC'ATlON TTMF 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 acclUal schedule is as follows' Maximum Years Vacation Hourly Accrual Annual Maximum Service Hours Rate /Pay Period Vacation Vacation Earned Bi-Weekly Hour AcclUal I I 80 3.0769 80 160 2 80 3.0769 80 160 3 80 3.0769 80 160 4 80 3.0769 80 160 5 80 3.0769 80 160 6 88 3.3846 88 200 7 96 3 .6923 96 200 8 104 4 0000 104 200 9 112 4.3076 112 200 10 120 46153 120 200 II 128 4 9230 128 240 12 136 5 2307 136 240 13 144 5.5384 144 240 14 152 5.8461 152 240 15 160 61538 160 240 C Employees ofthc City considered as hourly, part-time and/or seasonal cmployees 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 sct forth above Once this maximum is reached, all further accruals will cease Vacation accruals will reconunence 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. I E Employees are encouraged to use at least the amount of vacation hours earned each fiscal year. I I I Resoluf~6n Number~o?~ Those employees who have been credited with pre-existing leavc 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 oflong-term employecs 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 ofthe employcc with the financial concerns of the City, as such, significant progress toward reaching the maximum accrual amounts may be deemed a success Vacation leave time shall not be approved until such time as it has been earned, unless prior, special arrangements have bccn made with the City Manager. The time at which an employee shall take vacation leave shall be requested by thc 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 F Not more than once in each fiscal year, an employee who has completed at least one (I) year of continuous service shall, upon rcquest, leceive compensation for up to fifty (50) hours of accrued vacation time provided that the employee has taken an equal amount of vacation time off within that fiscal year. G. 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. ARTJrT F XV I RA VPS OF ARSFNrF Sp.c..tinn I. Allthnri7.M I p~vp. of Ah~p.nc..p. Without P::ty A Upon the Department Head's rcconunendation 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 abscnce would not be contrary to the best interest of the City, for a period not to exceed one-hundred eighty (I 80) working days per Government Code B. Upon written request of the employee, the City Council may grant a leave of absence, with or without pay, for a period not to exceed one (I) year. C. At the expiration of the approved leave, after notice to return to duty, the employee shall be reinstated to the position held at the time leave was granted Failure on the part of the employee to report promptly at such leave's expiration and receipt of notice to return to duty, shall be cause for discharge. D. During any authorizcd 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 thc City shall contribute to an employee's medical and dental health plan, disability insurance plan, lifc insurancc plan for thc first thirty (30) days ofleave of absence. Sec.ti0IL2 B.erPJ:JVPIllPI,1 r P::IVP. The City agrees to provide forty (40) hours bereavement leave with pay for death in the immcdiate family. The bereavement leave shall not be chargeable to or accumulate as sick time. "Immediate family" is defined as spouse, the futher, mother, son, daughter. brother, sister, grandparents, grandchild, step-mother, step-father, mother-in-law, father-in-law or dependent relatives living with the employee Resolution NUmber4l~~ Sp.r.tinn 1 Milihny T .PJ:nlP. of Ah~p.nr.p. 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 ofSuch leave request ten (IO) wurking days in advance of the beginning of the leave. B In addition to provision of State law, the City shall continue to provide eligible employees on military leave, the current health benefits (medical, dental, disability and life insurance and retirement (ifapplicable) 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. I SP.r.finn 4. ,erpgmmr.y ni~::Ihility 1 P~\1p. of Ah~nr.p. A. An employee who is disabled due to pregnancy shall be granted a pregnancy disability leave as provided by the State ofCalifomia and the Federal Family Medical Leave Act. The employee may elect to take a lesser period oflcave B Disabilities arising out of pregnancy shall be treated thc same a.~ other temporary disabilities in terms of eligibility for, ur entitlement to, leave with or without pay. Sp.c:tinn li. F::Imily I PJlVP. Upun a demonstration of need and subject to the following conditions, an employee may take leave or unpaid leave to care for his newborn infant, whether through parentage or adoption, or to care for a seriously ill or injured member of the employees "inunediate family" as dcfined in Article XIV, Section 2. Bereavement Leave. I I Proof of the birth or adoption of a newborn infant or the serious iIlnessl"mjury of the family member must be submitted to the City. 2 Requests for fantily leave must be submitted in writing to the employee's supervisor at thc carliest possible date preceding the time when the leave is to begin 3 Operational needs of the City shall be relevant in detenninations regarding the granting of family leave in accordance with the provisions of State and Federal Family Leave laws. 4. 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. 5 Family leave may be granted only upon the recommendation of the Department Head and approval of the City Manager consistent with the provisions of State and Federal Family Leave laws. 6 A maximum of four hundred (400) working hours of fantily leave in any combination of sick leave and unpaid leave may be taken during any two (2) year pcriod unless a greater amount is prescribed by state or federal law. s'p.c:tinn (, C:::It:u:.trnphir. r PJlVP. I The purpose of the Catastrophic Leave Pool is to enable full time employees to receive and donate vacation, administrative leave, and compensatory time off (CTO) leave credits on an hour for hour basis to assist employees who have no leave and who will suffer a financial hardship due to prolonged iIlncss or injury to themsclves or a member of their immediate family. Sick Leavc is excluded from this program. I I I Resolution Number~~ The following conditions shall apply to Catastrophic Leave. Catastrophic Leave will be available only to employees who have exhausted their own paid leave through bona fide serious illness or accident. 2 The leave pool shall be administeled by the Finance Department. 3. Employees must be in regular full-time appointed positions to be eligible for catastrophic leave , . 4 Employees receiving Long- Tenn Disability payments are excluded from this program. 5. All donations are to be confidential, between the donating employee and the Finance Department 6 Employees donating to the pool must have forty (40) hours of paid leave available after making a donation. 7. Donating employees must sign an authorization, including specifYing the specific employee to be a recipient of the donation 8 Donations will be subject to applicable tax laws. 9. The availability of Catastrophic Leave shall not delay or prevent the City from taking action to medically separate or disability retire an employee 10. Catastrophic Leave due to illness or injury of an immediate fantily member, may require medical justification as evidenced by a Physician's Statement that the presence of the employee is necessary. 11. 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. ARTIrI F XVI Jllry nllty !-\p.~tinn I r.nmpp.n~:ltinn fnr hll1' nllty A Employees required to report for jury duty shall be granted leaves of absence for such purpose, upon presentation of jury notice to the Department Head 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 lee 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 bc granted if practicable. ARTlrI F XVII - PRORATIONARY PFRlons ~p.r.tinn 1 Appnintlnp.nt Fnl1nwine Prnh~tinn Pp.rinn A. The original appointment and promotional appointment of employees shall be tentative and subject to a probationary period of six (6) months of service. Resolution Number J/Ig,:l.~ 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 temtination of any probationary period. C If the service of a probationary employee has been satisfactory, the Department Head I 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 Sp.p.tinn 7 Ohjp.ctivp. of Prnh~tinn~ry Pp.rinrl 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 perfonnance does not meet the required standards of work. S""tinn 1 F<mplny"" P"rfnrm~n"" Appr~i.~1 A Each probationalY employee shall have his pelfonnance evaluated at the end of each three (3) months of service or at a more frequent interval when deemed necessary by the Department I-lead Pernlancnt employecs shall have their perfonnance evaluated annually or at more frequent intervals when deemed necessary by the Department Head. Such evaluation shall be reported in writing and in the form approved by the Personnel Office B. The written appraisal report of an cmployee's performance evaluation shall be filed in I tIiplicate, the original to be filed with the Pcrsonnel 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 S""tinn 4 R"j""tinn nfPrnh~tinn~ry Fmpl~ 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 rt;jection, in writing, shall be served on the probationary employee and a copy filed with the Personnel Office A tenllination interview may be conducted with each rcjccted probationer. B An exception will be applied where the probationary employee's job tenllination or dismissal is based on charges of misconduct which stigmatizes his reputation or seriously impairs his opportunity to earn a living, or which might seriously damage his standing and association in the community Where there is such a deprivation of a "liberty interest", the employce shall be given pre- disciplinary procedural due process as defined in the City of Seal Beach Personnel Rules and Regulations and this Memorandum of Understanding Prior to the disciplinary action becoming final, the employee must be notified of his right to the appeal procedure as outlined in these Rules and Regulations ARTIrI R XVTII lAYOFF PROrFOI rRR~ I The appointing authority may layoff employees or demote employees in lieu of layoff subject to Rule XU - TERMlNA TION PROCEDURES of the City's Personnel Rules. Notwithstanding Rule XII of the City of Seal Beach Personnel Rules, the City agrees to replace Section2(c) of Rule XII with the following I I I Resolution Number~~ c. Whenever selUonty is equal, the seruonty of the employee shall be detennined first by examining continuous service within the affected classification and if not detenninative, then by position on tlte employment list. ARTTr.1 F XIX SAFFTY rOMMITTFF PROr.R AM A City-wide Safety Committee Program will be implemented; an employee representing each department will participate and will meet on a quarterly basis ARTlrl F XX - ORI ICY Ii1 SI fRSTANrF ARI ISF POI Iry FOR rOMMFRr.lAI ORIVFR"S rrrF'NSF HOI nF'RS 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 ARTTr.1 F XXI- FNTIRF MFMORANnllM OF ITNI)FRSTANOINCY .~p.rtinn 1. Mp.rgp.r nfNpgnti::ltinm: 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 S""tinn 1 Notwithstanding the provision of Section I., there exists within the City certain persomlel 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 S,,~tinn 1 Except as provided herein, other terms and conditions of employmcnt, 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. S""tinn 4. S"p~r~hility If any provision of the Memorandum of Understanding or the application of such provision to any person or circumstance shall be held invalid, the remainder of the Memorandum of Understanding or the application of such provision to persons or circumstances other than those as to which it is held 1l1valid. shall not be affected thereby. Resolution Number~~~ ARTJr.I.F XXlI_ TFRM OF MFMORANOI 1M OF IINOFRST ANnlNCY This Memorandum of Understanding shall remain in full force and effect from July I, 2000 until midnight, June 30,2001 ARTJr.! F XXTIl- FMFRCYFNf:YWAIVFR PROVISION In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, civil I 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. ARTJr.I.F XXIV - RATlFJr.ATIfThl 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 sllch 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 partics have hereto caused this Mcmorandum of Understanding to be executed this day of , 2000. CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVES DANIEL DORSEY, CITY MANAGER I SEAL BEACH EMPLOYEES ASSOCIATION REPRESENTATIVES' Larry Lykins, Employee Relations Coordinator, OCEA Alan Bramlett, Sr. Water Utility Opcrator Bill Moran, Electrician Michael Uggla, Maintenance Worker 11 I Resolut~on NumbeI~~~ Attachment A Effective .Iuly 5, 2000, a 3% cost of living incl'easc will be givcn (the Sr. Water Operator and the Electricillll receive an additional 4% inequity adjustment): Salary Range A 8 C D E Acconnt Clcrk 228 2310 2425 2546 2673 2807 I I'ermit Tecllllicilln 228 2310 2425 2546 2673 2807 MlIintclUlllce Worker 1 228 2310 2425 2546 2673 2807 Police RecOl"ds Technicillll 23A 2355 2473 2597 2727 2863 Commnnity Services Officer 25A 2475 2599 2729 2865 3008 Water Services Representative 258 2487 2611 2742 2879 3023 MlIintenllnce Worker II 26B 2549 2676 2810 2951 3098 Motor Sweeper Operator 29A 2731 2868 3011 3162 3320 Water Operator 298 2746 2883 3027 3178 3337 Animal Control Officel' 30A 2800 2940 3087 3241 3403 Mechanic 32B 2956 3104 3259 3422 3593 Lcad MlIintenancc Workel' 36B 3263 3426 3597 3777 3966 Sr. Water Opemtor .36E 3311 3477 3651 3834 4026 Electricillll 37E 3395 3565 3743 3930 4127 I I Resolutlop NUmber~J.P~~ APPENDIX - Personnel Rules (Appeals / Grievances) CITY OF SEAL BEACH PERSONNEL RULES RULE XIV APPFAI. PROC-Fm JIlES SFC-TION I _ RFQIIFST FOR mSc.JPIINARV HFARINr.. I Employecs shall have the right to appcal the imposition of disciplinary action. Whcn an employee requests a disciplinary hearing, the request shall be in writing or signed by the employcc or representative, and prcsentcd to the personnel officer within ten (10) days atler the elrective date of the imposition of the disciplinary action Any such request shall be addressed to the personnel ollicer and shall identifY the subject matter of the appeal, the grounds for the appeal, and the relief dcsired 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 employce shall have waived the right to a hearing and all rights to further appeal of thc disciplinary action. SFC-T10N 7 _ Sc.J-IFm n INr. OF mSc.JPIINARV HFARINr.: Thc personnel officcr shall schedule any disciplinary hcaring within a reasonable time after the filing of the employee's request after considering the availability of the Civil Service Board and the convenience of the employee and the witnesscs. SECTION 1 - C-ivil S"rvi"" Rn~rtl: The Civil Service Board shall be the rcviewing authority for disciplinary hearings At the discretion of the Civil Service Board, a hearing officer may be appointed by the appointing authority to perform the duties of the Civil Service Board in disciplinary hearings. I SFC-TtON 4 - RFPRFSFNTATION AT mSc.JPI.lNARV HFI\R.lNG: At the disciplinary hcaring, the employee may appear pcrsonally and may be represented by counsel or other representative. The employee and the city shall have the right to produce and confront witnesses, and to present any relevant oral or documentary evidence. SFC-TION ~ _ RI JR.OFN OF PROOF ANn FVIOFNC-F: 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. Thc disciplinary hearing shall not be conducted according to the technical rules of evidence. SEC:U.DN (; - C-ONOllCI OF mSC-I~ThI.ARV HFARfNCY: The conduct of the disciplinary hearing shall be under the control of the Civil Service Board with due regard for the rights and privileges of the palties. 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 thc powcr to issue subpoenas to compel the attendance of witnesses or the production of documents. I SFC-TION 7 _ c.JVII SFRVJc.F ROARO'S OFc.JSION: Within a reasonable time after the disciplinary hearing, the Civil Service Board shall issue a written decision containing tindings offact and conclusions oflaw The Civil Service Board shall have the authority to affirm, revoke or reduce the disciplinary action imposcd against the employee. The Civil Service Board's decision constitutes a final resolution of any disciplinary action and no further appeal shall be pcrmitted within the city's administrative process. I I I Resolution Numbe;~~~ "RIFV ANr:F PROr:FnI TRFS SFr:TION 1- PITRPOSF OF CYRTFVANr:F PROr:FnITRF: 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 rcsolution of any complaint concerning any aspect of the performance evaluation process, except for complaints in regard to deferred advancement under Rule Xl Section 4; (c) The rcsolution of any complaint relating to any concerted refusal to work. SFr:TION? -IN.EO.BMAI OISr:IISSION OF "RIFVANr:r; When an cmployee has a complaint, the employee shall first informally discuss the matter with the cmployec's immediate supervisor within fifteen (15) calendar days from the datc of the incident or decision generating the grievance If, after a discussion with the immediate supervisor, the complaint has not bcen satisfactorily resolved, the employee shall have the right to discuss the complaint informally with the supervisor's immediatc sllperior. If, after such a discussion, the complaint has not been satisfactorily resolved, the employee shall have the right to file a formal gnevance. SFr:T10N. - FORMAl "RIFVANr:F PROr:FOITRF' The formal grievance procedure shall be used to resolve an employee's complaint not satisfactorily rcsolved by informal discussion. (a) An employee shall have the right to present a formal grievance, in writing, within five (5) working days aftcr 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 thc cmploycc's suggest cd solution (b) The formal gricvance shall be presentcd to the department director The department director shall discuss the grievance with thc employee and/or the employce's rcpresentative. Within tcn (10) working days after rcccipt of the formal grievance, the department dircctor shall render a written decision regarding its mcrits. If the 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 mattcr of the grievance shall be permitted under this rule when the employee does not seek further review of the grievance within five (5) working days after the receipt of the decision of the department director. Failure oflhe department director to render a written decision on the grievance within five (5) working days constitutes a decision denying the grievance. (c) Whcn the employee prescnts a formal grievance to the personnel officer, the personnel officer shall discllss thc grievance with the employee and the employee's representative. Within fifteen (15) days after meeting with the employee and the empioyee's rcprcsentative, thc personnel officer shall render a written decision regarding its mcrits. The decision of the pcrsonnel ollicer shall resolve thc grievance and no further review of the subject matter of the grievance shall be permitted within the city's administrative process Resolution Number~ (d) The City shall not institute any reprisals against any cmployee or any representative resulting from the use of the grievance procedure. The personnel officer may designate a department director or third party to serve as the final reviewer for employee grievances. (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 thc gnevance. I I I