HomeMy WebLinkAboutItem I QF SEA(eN
AGENDA STAFF REPORT
:'?UFORN.%
DATE: March 27, 2017
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Patrick Gallegos, Administrative Manager
SUBJECT: MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE CITY AND THE ORANGE COUNTY
EMPLOYEES ASSOCIATION (OCEA)
SUMMARY OF REQUEST:
That the Council adopt Resolution No. 6720 approving the MOU with OCEA with
an effective date of July 1 , 2016.
BACKGROUND AND ANALYSIS:
On May 3, 2016, the City and OCEA began discussion for a new Memorandum
of Understanding. The City has met and collectively bargained in good faith with
the Orange County Employees Association ("OCEA") as to wages, hours, and
working conditions. Based upon such collective bargaining, the City and the
OCEA have drafted a Memorandum Of Understanding.
On March 7, 2017, the terms and conditions of a tentative agreement were
reached between the City and OCEA. The MOU attached to Resolution No.
6720, incorporates the terms and conditions of the agreements. The OCEA has
accepted the terms, conditions and provisions set forth in its MOU, and its
authorized representatives are prepared to execute the MOU. The MOU has a
term of July 1, 2016 through June 30, 2019.
The majority of the terms within the agreement remain similar to the previous
Memorandum. of Understanding adopted on May 29, 2013. Like the Seal Beach
Supervisors and Professionals Association (SBSPA) MOU and terms and
conditions for Mid-Managers adopted on December 12, 2016, the members of
OCEA will receive; a.salary adjustment of 2% - 3% each year of the agreement,
as well as a one-time payment of $1 ,000 as taxable cash or as deferred
compensation in addition to an increase of $40 to OCEA members that waive
enrollment in the City's cafeteria plan. OCEA members will also receive a one-
time $1.00, for those that qualify and complete, the Backflow Prevention
Certificate and/or Water Treatment/ Distribution Certificate.
Agenda Item I
ENVIRONMENTAL IMPACT:
There is no Environmental Impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
Approval of this resolution will have a financial impact of $24,240 for the
remainder of FY 2016 - 2017. At the end of the FY 2015 — 2016 the City Council
authorized $100,000 in available surplus funds to be set aside for negotiations in
anticipation of a successful conclusion to the negotiation process. The one-time
payment will come from this funding source. The FY 2016 — 2017 Budget was
adopted with an assumed CPI increase of 2% for salaries which is exactly what
is being proposed. Based upon the set aside and the funding in the current
budget there is no budgetary impact. In subsequent years, funds will be
appropriatedthrough the budget process.
RECOMMENDATION:
That the Council adopt Resolution No. 6720 approving the MOU with OCEA with
an effective date of March 27, 2017.
SUBMITTED BY: NOTED AND APPROVED:
•
114/44.--ar "At SAL.
Patrick Gallegos CR. Ingram, Ci e.nager
Assistant City Manager
Attachment(s):
A. Resolution No. 6720 and MOU
B. Redline Version of MOU
Page 2
"Attachment A"
RESOLUTION NUMBER 6720
A RESOLUTION OF THE SEAL. BEACH CITY COUNCIL
APPROVING THE MEMORANDUM OF UNDERSTANDING
(MOU) `BETWEEN THE CITY' OF SEAL BEACH AND THE
ORANGE COUNTY EMPLOYEES ASSOCIATION FOR THE
PERIOD OF JULY 1, 2016 THROUGH JUNE 30, 2019
WHEREAS, the City of Seal Beach ("City") affirms the dignity and worth of the
services rendered by its employees.
WHEREAS, the City met and collectively bargained in good faith with Orange
County Employees Association ("OCEA") over wages, hours, and working
conditions, and all respective parties reached an agreement to be effective for
the time period of July 1 , 2016 through June 30, 2019; and
WHEREAS, OCEA have accepted the terms set forth in the Memorandum of
Understanding as attached hereto as Exhibit A (the "MOU").
NOW THEREFORE, the City Council of the City of Seal Beach hereby resolves:
Section 1. That the MOU between the City and the OCEA (Exhibit A) is hereby
approved; and
Section 2. That the City Manager is hereby directed and authorized to execute
the MOU on behalf of the City and to take the steps necessary to implement its
terms.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 13th day of March , 2017 by the following
vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN'. Council Members
Mayor
ATTEST:
City Clerk
Resolution Number 6720
STATEOF'CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Robin Roberts, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6720 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council at
a regular meeting held on the 27th day of March , 2017.
City Clerk
Adopted by Resolution No. 6720
EXHIBIT A
:(6.4-eaSEAT%it%
;
f ,� SS
° a
•
to et°° °ql/FOgt
ORANGE COUNTY EMPLOYEES'
ASSOCIATION (OCEA)
MEMORANDUM OF UNDERSTANDING
ADOPTED: MARCH 13, 2017
EXPIRES: JUNE 30; 2019
Resolution Number 6720 OCEA
TABLE OF CONTENTS
SECTION 1: RECOGNITION 6-7
SECTION 2: DUES AND BENEFIT DEDUCTIONS
A. Payroll Deductions 7
B. Employee Association Dues 7
C. Indemnification 7-8
SECTION 3:. CITY RIGHTS
Rights/Responsibilities 8-9
SECTION 4: NON-DISCRIMINATION 9-10
SECTION 5: COMPENSATION PLAN
A. Basic Compensation Plan 10
B. Advancement within Salary Ranges 10-11
C. Salary Increases 11
D. Salary Decreases 11
E. Adjustment of Salary Ranges 11
F. Salary and Benefits on Suspension 11
G. Salary Adjustments During Term of MOU 12
H. Miscellaneous 13
SECTION 6: SPECIAL PAY PROVISIONS
A. Automobiles and Mileage 13
2 of 33
Resolution Number 6720 OCEA
B. Seniority Bonus. 13 •
C. Maintenance Worker Merit Program 13
D. Standby Compensation 13-14
E. Shift Differential 14
F. Traffic Signal Technician Pay 14
G. Class NB License Pay 14
H. Training Program 14-15
I. Uniforms & Equipment/Uniform Allowance 16
J. Water Treatment/Water Distribution Pay 16
K. Recertification Reimbursement 16
L. Deferred Compensation Program 16
M. Bilingual Compensation 17
N. One-Time Bonus Payment 17
SECTION 7: FRINGE.BENEFIT ADMINISTRATION
A. Administration 17
B. Selection and Funding 17
C. Changes 17
D. Compensatory Time Off (CTO) . 17
SECTION 8: HEALTH, DENTAL, LIFE, AND DISABILITY INSURANCE
A. Health Insurance 18-19
B. Retirement Health Insurance 19
C. Life Insurance 19-20
3 of 33
Resolution Number 6720 OCEA
D. Disability Insurance Plan 20
SECTION 9: RETIREMENT 20
SECTION 10: HOURS OF WORK 20-21
Holiday Closures 21
SECTION 11: OVERTIME
A. Overtime & Call-Out Pay 22
B. Court Time 22
SECTION 12: HOLIDAYS 23-24
SECTION,13: SICK LEAVE 24
SECTION 14: VACATION TIME 24-26
SECTION.15: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay 26
B. Bereavement Leave 27
C. Military Leave of Absence 27
D. Pregnancy Disability Leave of Absence 27
E. Family Leave 27-28
F. Catastrophic Leave 28-29
4 of 33
Resolution Number 6720 OCEA
SECTION 16: JURY DUTY 29
SECTION 17: PROBATIONARY PERIODS
A. Appointment Following Probation Period 29
B. Objective of Probationary Period 30
C. Employee Performance Appraisal 30
D. Rejection of Probationary Employee 30
SECTION 18: LAYOFF PROCEDURES 30-31
SECTION 19: SAFETY COMMITTEE PROGRAM 31
SECTION 20: DRUG. & SUBSTANCE ABUSE POLICY FOR COMMERCIAL
DRIVER LICENSE HOLDERS
Anti-Drug & Alcohol Policy 31
SECTION 21: ENTIRE MEMORANDUM OF UNDERSTANDING
A. - C. Merger of Negotiations 31
D. Separability 32
E. Reopener Clause 32
SECTION 22 TERM OF MEMORANDUM OF UNDERSTANDING 32
SECTION 23: EMERGENCY WAIVER PROVISION 32
SECTION 24: RATIFICATION 33
5 of 33
Resolution Number 6720 OCEA
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SEAL BEACH
AND
ORANGE COUNTY EMPLOYEES ASSOCIATION
SECTION 1: RECOGNITION
A. Pursuant to the provisions of Employee-Employer Relations Resolution
5242, as amended, the City of Seal Beach (hereinafter called the "City" and/or
"Employer" and/or "Management" interchangeably) has recognized for the purpose
of this Memorandum of Understanding (MOU), the Seal Beach Chapter of the
Orange County Employees Association (OCEA), an association of employees of
the City of Seal Beach, hereinafter referred to as "Association" representingall full-
time non-safety employees of the City except those employees determined to be
professional, confidential, administrative, management and certain specified
supervisory employees.
B. The City recognizes the Association as the representative of the employees
in the classification and assignments set forth in Section 1 above for the purpose
of meeting its obligations under this MOU, the Meyer-Milias-Brown Act,
Government Code Section 3500 et seq., when City rules, regulations or laws
affecting wages, hours and/or other terms and conditions of employment are
amended or changed.
C. The City agrees that the recognized representatives of Association not to
exceed 4 in number shall be entitled to meet and confer with City during said
recognized representatives' normal working hours without suffering any loss in pay
while absent from the duties for such purpose, providing that such time shall not
exceed 2 hours in any 1 week unless agreed to by City. City also agrees that such
representatives may utilize not more than 1 hour per month or 12 hours per year
without suffering any loss in pay for such absence for the purpose of meeting with
employees who are members of Association and/or other officers of Association.
D. The City shall provide a bulletin board in each of the following locations:
Public Works Yard, Administration Building, and Police Department. Such bulletin
boards to be available for the purpose of posting notices pertaining to Association
business only. Association shall not use any other bulletin board within City
facilities.
E. The City recognizes Association's right to appoint or elect representatives to
meet and confer with City's management representatives on salaries, wages, and
terms and conditions of employment. Association agrees to notify City in writing as
to the identity of the representatives and of subsequent appointments, if any.
6 of 33
Resolution Number 6720 OCEA
Association and City agree that employees appointed or elected as Association
representatives shall be required to work full time.
F. 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.
G. Representatives and/or officers of Association shall not interrupt the work of
any employee of City at any time to conduct business or other matters connected
with Association without prior consent of Management.
H. During the term of this MO U, the City shall provide to the Association, upon
receipt of a written request, a listing of all current employees in this unit not
exceeding 2 per year. Such listing shall include employee name and job
classification. The Association agrees to pay necessary costs to provide such lists.
This MOU shall be effective by and between.Management and Association
upon execution by Management and the required number of the duly authorized
recognized representatives of Association.
SECTION 2: DUES AND BENEFIT DEDUCTIONS
A. Payroll Deductions - The City shall not be required to make payroll
deductions for any other items or reasons except as specified in this MOU.
Management shall determine in the interest of cost and efficiency as to whether
said deductions shall be, on a monthly basis or on each bi-weekly payroll.
Management may require notice from employee of any change or modification in
any payroll deduction authorized in this section of this MOU. Said notice may be
required at least 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
credit union providing that any deduction shall not be less than $5.00 on a monthly
basis, or $2.50 if bi-weekly deductions for such purpose as authorized by
Management.
B. Employee Association :Dues - City agrees to deduct regular monthly
Association dues from salary or wages of any Association member when
authorized to do so by said City employee in writing in a form satisfactory to City
and to remit such deductions to Association within 15 days after making such
deduction from an employee's salary or wages, and within the terms of the signed
deduction.authorization of such City employee. The deduction of such Association
dues and the remittance of same by City to Association shall constitute payment of
said dues of such employee and member of Association.
C. Indemnification - The Association agrees to hold the City harmless and
indemnify the City against any claims, causes of actions, or lawsuits arising out of
7 of 33
Resolution Number 6720 OCEA
the deductions or transmittal of such funds to the Association, except the
intentional failure of the City to transmit to the Association monies deducted from
the employees pursuant to this Section.
SECTION 3: CITY RIGHTS
A. Rights/Responsibilities. - 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 MOU or bylaw to manage the City, as such
rights existed prior to the execution of this MOU.: 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:
1. To manage the City generally and to determine the issues of policy.
2. To determine the existence or nonexistence of facts which are the
basis of the management decisions.
3. To determine the necessity and organization of any service or activity
conducted by the City and expand or diminish services.
4. To determine the nature, manner, means and technology and extent
of services to be provided to the public.
5. To determine methods of financing.
6. To determine types of equipment or technology to be used.
7. 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.
8. To determine and change the number of locations, relocations, and
types of operations, processes and materials to be used in carrying out all City
functions including, but not limited to, the right to contract for or subcontract any
work or operation of the City.
9. To assign work to and schedule employees in accordance with any
requirements set forth in this MOU, and to establish and change work schedules
and assignments upon reasonable notice.
10. To layoff employees from duties because of lack of work or funds, or
under conditions where continued work would be ineffective or non-productive.
11. To establish and modify productivity and performance programs and
standards.
8of33
Resolution Number 6720. OCEA
12. To discharge, suspend, demote, reprimand, withhold salary
increases and benefits, or otherwise,discipline employees for cause.
13. To determine minimum qualifications, skills, abilities, knowledge,
selection procedures and standards„ job classifications and to reclassify
employees, in accordance with this MOU and applicable resolution and codes of
the City.
14. To hire, transfer, promote and demote employees for non-
disciplinary reasons in accordance with the MOU and applicable resolutions and
codes of the City.
15. To determine policies, procedures and standards for selection,
training and promotion of employees in accordance with this MOU and applicable
resolutions and codes of the City.
16. To establish reasonable employee performance standards including
but not limited to, quality and quantity standards and to require compliance
therewith.
17. To maintain order and efficiency in its facilities and operation.
18.. To establish and promulgate and/or modify rules and regulations to
maintain order and safety and which are not in contravention with the Agreement.
19. To restrict the activity of an employee organization on municipal
property and on municipal time except as set forth in this MOU.
20. To take any and all necessary action to carry out the mission of the
City in emergencies.
B. Where the City is required to make changes in its operations because of the
requirements of law, whenever the contemplated exercise of City Rights shall
impact the wages, hours and other terms and conditions of employment of the
bargaining unit, the City agrees to meet and confer in good faith with
representatives of the Association regarding the impact of the contemplated
exercise of such rights prior to exercising such rights, unless the matter of the
exercise of such rights is provided for in this MOU.
SECTION 4: NON-DISCRIMINATION
A. 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 or sexual orientation. The
City and the Association shall reopen any provision of this MOU for the purpose of
9 of 33
Resolution Number 6720 OCEA
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 MOU in compliance with State or Federal anti-discrimination
laws.
SECTION 5: COMPENSATION PLAN
A. Basic Compensation Plan
1. All employees covered by this MOU shall be included under the
Basic Compensation Plan. Every classification under this Plan shall be assigned a
salary range adopted by the City Council. The salary schedule shall consist of 5
steps within each range.
2. The 1st step is a minimum rate and is normally the hiring ratefor 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.
3. The 2nd 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.
4. The 3rd, 4th and 5th steps are merit adjustments to encourage an
employee to improve his work and to recognize increased skill on the job.
Employees are normally eligible for these adjustments at any time after the
completion of 1 year of service at the preceding step. Each adjustment shall be
made subject to the recommendation of the Department Head and with the
approval of the City Manager.
B. Advancement within Salary Ranges
1. In order to properly compensate an employee, advancement in
salary shall be based on merit.
2. Advancement in salary shall not be automatic, but shall depend upon
increased service value of the employee to the City.
3. The Department Head and/or the employee's immediate supervisor
shall be responsible to evaluate an employee fairly in an unbiased fashion for the
determination of job performance. Advancement shall be made only upon
recommendation of the Department Head and with the approval of the City
Manager.
10 of 33
Resolution'Number 6720 OCEA
4. An employee should be reviewed at least once every 12 months
from the effective date of his last performance evaluation, special performance
advancement;or promotion. Nothing contained herein shall restrict the Department
Head from denying the increase after evaluation, nor shall it prevent him from
recommending special performance .advancement in salary at any time when
unusual or outstanding achievement has been demonstrated.
C. Salary Increases
1. 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.
2. Temporary Appointment - City agrees that employees assigned, in
an acting, capacity, to a higher classification than the employees' present
classification for a period of not less than 80 consecutive working hours shall be
entitled to temporary appointment pay. In addition, employees who are assigned
by the department director in writing to regularly scheduled acting assignments of
less than 80 hours shall also be entitled to temporary appointment pay.
Temporary appointment pay will be retroactive to the 1st hour served in the higher
classification and shall be paid at a .rate equal to the first step of the higher
classification but in no event shall temporary appointment pay be less than 5%
more of the employee's current rate.
D. Salary Decreases In the case of a demotion of an employee 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 anniversary date.
E. Adiustments of Salary Ranges - When a salary range for a. given
classification is revised upward or downward, the incumbents of positions and
classifications affected shall have their existing salary adjusted to the same step in
the new salary range and their anniversary date shall not be changed.
F. Salary and Benefits on Suspension - During suspension from the City
service for disciplinary cause, an employee shall forfeit all rights, privileges and
salary, except he shall not forfeit his medical health plans, including dental,
retirement plan, disability insurance or life insurance. Should such suspension be
later modified or revoked, the employee shall be entitled to receive payment for
loss of income and benefits during the period of suspension.
11 of 33
Resolution Number 6720 OCEA
G. Salary Adjustments During Term of Memorandum Of Understanding
1,. The salary schedule for each position classification affected is
hereby determined and established upon adoption by City Council. Salary
increases are as follows:
First pay period on or following July 1, 2016 - Employees shall
receive a 2% cost of living adjustment
First pay period.on or following July 1, 2017 - CPI adjustment,
minimum 2% up to 3% maximum, as measured utilizing the
change in the Los Angeles - Riverside - Orange County All
Urban Consumers Index for the 12 months of April 2016 -
April 2017
First pay period on or following July 1, 2018— CPI adjustment,
minimum 2% up to 3% maximum, as measured utilizing the
change in the Los Angeles — Riverside — Orange County All
Urban Consumers Index for the 12 months of April 2017 —
April 2018
7;Gradel j - .. _s, Job Classifications_.
8 Community Services Officer
8 Maintenance Worker
12 Senior Community Services Officer
12 Senior Maintenance Worker
12 Water Operator
15 Police Recruit
16 Senior Water Operator
18 Lead,Community Services Officer
19 Electrician
2. If the Management representative is of the sole opinion that
recruitment, retention or other reasons necessitate other upward salary
adjustments, Management representative will meet and confer with Association on
position classifications specified by the Management representative or Association.
Management representative may make additional recommendations to the City
Council.
3. For any and all position classifications not listed in this section, said
classifications not having personnel employed by City, salary adjustment, if any,
may be recommended by Management without further consultation or approval of
Association.
12 of 33
Resolution Number 6720 OCEA
H. Miscellaneous - The City agrees to obtain available salary comparison
survey data for Orange County cities for use during negotiations for the period
beginning July 2016.
SECTION 6: SPECIAL PAY PROVISIONS
A. Automobiles and Mileage - Employees covered by this MOU, 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).
B. Seniority Bonus - Employees who have achieved ten years of
uninterrupted employment with the City shall receive a 5% increase in base salary
effective on the payroll period following the 10th anniversary of their employment.
C. Maintenance Worker Merit Program — Under the provisions of this
program, all Maintenance Worker employees will become eligible to "promote" to
the classification of Senior Maintenance Worker providing the following conditions
have been met:
1. The employee must have reached "E" step in the classification of
Maintenance Worker.
2. The employee must have served in the capacity of Maintenance
Worker "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 or Senior Maintenance Worker work
force will be recruited at the Maintenance Worker level.
D. Standby Compensation
1. Utilities Division - Each employee of the Utilities Division (Water,
Sewer) who is assigned to standby duty will be compensated for 1 hour at a rate
of time and one-half for each weekday of duty and 5 hours at a rate of time and
one-half for 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 operator's certification and having a
familiarity with the water and sewer system.
2. No compensation will be provided to personnel serving as "backup"
to the regularly scheduled person assigned to standby duty.
13 of 33
:Resolution'Number 6720 OCEA
3. Employees on standby duty Who are called out will be compensated
in accordance with Section 11.
4. Employees assigned to standby, duty are required to respond to all
emergencies on a 24 hour basis. However, in the event that a maintenance
supervisor or other maintenance employee cannot be contacted during non-utility
related emergency, the person assigned to standby duty will be expected to
respond upon notification.
5. Personnel assigned to standby duty are required to carry with them
or have nearby, a portable communication device during all non-regular working
hours and also must confine their activities to the extent that they remain within 20
minutes driving time of the City of Seal Beach at all times. In addition, standby
personnel will be required to have in their possession a current roster listing each
employee in the Public Works Department with their telephone number.
E. Shift Differential - City agrees that employees in the Public Works
Department who are assigned duties between the hours of 4:00 a.m. and 6:30
a.m. shall be paid at a rate of time and one-half for time worked during that period.
F. Traffic Signal Technician Pay - 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 $30 per payroll period.
G. Class A/B License Pay - Each full-time employee in the Public Works
Department required by. the. City to maintain a Class A or B license for the
performance of their work, will be entitled to receive $30 per payroll period. The
Public Works Director or his designee will notify Personnel Office of eligible
employees.
H. Training Programs
1. 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. If required training is
necessary beyond the normal workday, workweek or work period, the employee
shall be entitled to pay computed at the regular base hourly rate or overtime hourly
rate, as applicable under the MOU, or compensatory time off subject to budget
limitations, departmental rules and regulations, and Section 7-D of this MOU.
2. 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
14.of 33
Resolution Number'6720 OCEA
Manager as to course content and its relationship to the employee's employment
with. the. City as well. .as the recommendation of the Department Head. This
approval S. 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'it . 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. Employee shall not be entitled to either
compensated overtime or compensatory time off for participating in desirable
training or off-duty instruction.
3. Employees attending accredited community colleges, universities,
and trade schools for the purpose of obtaining a higher education degree may
apply for reimbursement of tuition, books, student fees and parking.
Reimbursement is capped each calendar year at the tuition rate of the Cal State
University system for up to 2 semesters of full-time, undergraduate enrollment
each calendar year.
4. Reimbursement is contingent upon the successful completion of
the course. Successful completion means a grade of "C" or better for
undergraduate courses and a grade of "B" or better for graduate courses. All
claims for tuition reimbursement require prior approval and are subject to
verification and approval by the City Manager.
Example: Employee A attends California State University, Long
Beach, for the Spring 2016 semester and completes 2 (3
unit) undergraduate courses with a grade of "C" or better.
The tuition reimbursement would be calculated as follows:
2016/2017 State University Tuition $1,587.00 (0-6 units)
Required University Fees $ 494.00 (approx.)
Parking $ 123.00
Books $ 300.00 (approx.)
TOTAL $2504.00
5. 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 for allowable expenses per City Policy #300-10.
15 of 33
.Resolution Number,6720 OCEA
Uniforms & Equipment/Uniform Allowance
1. Public Works Department Employees - Each employee of the
Department of Public Works, except clerical, engineering and related
classifications as determined by the City Manager, shall be entitled to uniform
service. The City shall pay the total cost of renting and laundering uniforms
(designated by the Department Head) for each eligible employee.
2. Police Department Employees (Non-Sworn Members) - Each non-
sworn employee of the Police Department assigned to wear a uniform as a
condition of employment shall be entitled to a sum of $30 per payroll period. In
addition, new employees of non-sworn status in the Police Department shall
receive initial uniforms as determined by the Chief of Police. Each non-sworn
employee of the Police Department NOT required to wear a uniform as a condition
of employment shall not receive a uniform allowance. Should conditions of
employment change and those classifications are required to wear a uniform, the
$30 per payroll period uniform allowance shall be reinstated.
3. Safety Shoes - City agrees to provide acceptable safety shoes at a
maximum of $250 per calendar year for authorized employees as designated by
their Department Head.
J. Water Treatment/Water'Distribution/Backflow Prevention Pay—
Each Public Works Employee in the classification of Senior Water Operator or
Water Operator who has received a Grade II Water Treatment Operator Certificate
from the California Department of Health Services or Grade II Water Distribution
Operator Certificate from the American Water Works Association will be entitled to
receive a one-time $100.00.
Each Public Works Employee in the classification of Senior Water Operator or
Water Operator who has received a Grade Ill Water Treatment Operator
Certificate from the California Department of Health Services or Grade III Water
Distribution Operator Certificate from the American Water Works Association will
be entitled to receive $30 per payroll period.
Each Public Works employee required to hold a backflow prevention device tester
certificate will be entitled to a one-time $100.00.
K. Recertification Reimbursement - City to reimburse employees for
required water re-certification.
L. Deferred Compensation Program - The City shall contribute 1% of base
salary per pay period into a tax-qualified deferred compensation program for
eligible employees.
16 of`33
Resolution Number 6720 OCEA
M. Bilingual Compensation
1. Upon the recommendation of a department director, the City
Manager may award a bilingual compensation bonus of $52.50 per payroll period
to those employees in positions determined to require bilingual skills.
2. The City Manager shall require the taking of competency tests to
certify the employee as eligible for bilingual compensation based on employee's
proficiency in speaking the, language determined to be required. Such certification
shall be a condition precedent to qualifying for bilingual pay.
N. One-Time Bonus Payment
At the City'sfirst regular pay period on or after February 27, 2017, the City shall
pay to each full-time non-probationary employee (including each employee that
passes 'probation in FY 2016/17) covered by this MOU a one-time bonus of
$1,000.00. Said bonus shall be paid by City, at the direction of employee, either
as taxable regular compensation or to a deferred compensation fund. Said
bonus is to be a one-time bonus only, and not to be considered salary for the
purpose of calculating PERS benefits, or to be paid in any succeeding year
under this MOU.
SECTION 7: FRINGE BENEFIT ADMINISTRATION
A. Administration 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 MOU.
B. Selection and Funding - In the administration of fringe benefit programs
involving insurance, the City shall have the right to select any insurance carrier or
other method providing coverage to fund the benefits provided hereinafter during
the term of this MOU.
C. Changes - The City shall notify the Association prior to any change of
insurance carrier or method of funding coverage for any fringe benefits provided
hereinafter during the term of this MOU. No changes in insurance carrier or
methods of funding coverage shall result in the reduction of any benefits to any
employee' covered by this agreement, irrespective of the carrier or plan in effect
from time to time. Within the term of this agreement, the City may provide
alternative health plans.
D. Compensatory Time Off (CTO) - The maximum (cap) of CTO is 120
hours. CTO earned in excess of 120 hours will be paid as overtime during the pay
period accrued.
17 of 33
Resolution Number 6720 OCEA
SECTION. 8: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY
INSURANCE
A. Health Insurance Coverage
1. The City shall contribute to the cost of medical coverage for each
eligible employee and his/her dependents, an amount not to exceed the California
Public Employees' Medical and Hospital Care Act (PEMHCA) minimum
contribution. For calendar year 2017, CaIPERS has established the minimum
PEMHCA contribution at $ 128 per month per employee.
2. The City shall contribute an equal amount towards the cost of
medical coverage under PEMHCA for both active eligible employees and eligible
retirees.
3. The City shall implement a full flex cafeteria plan for eligible
employees in accordance with the criteria provided to the Association during
negotiations. For employees participating in the City's cafeteria plan, each
employee shall receive a monthly flex dollar allowance to be used for the purchase
of benefits under the cafeteria plan. Beginning on or after January 1, 2017, the
monthly flex dollar amount shall be:
For Employees only $ 832.82/month
For Employee and 1 dependent $ 1286.97/month
For Employee and 2 or more dependents $ 1664.29/month
4. A portion of the monthly flex dollar allowance is identified as the
City's contribution towards PEMHCA. Thus, for example, in calendar 2017, an
employee's monthly flex dollar allowance is $ 832.82, of the $ 832.82; $ 128 has
been designated by the City as its required PEMHCA contribution to CaIPERS.
The monthly flex dollar allowance may only be used in accordance with the terms
of the full flex cafeteria plan.
5. Effective January 1, 2018, and every January 1St during the term of
this agreement, the City shall increase the contribution amounts above by the
percentage of increase for basic plans published by CaIPERS which sets health
insurance premiums for the coverage year.
6. Employees meeting the waiver criteria and electing to waive
enrollment in the City's cafeteria plan are eligible to receive $350 per month
beginning January 1, 2017 (upon showing proof of medical insurance coverage
under an alternative plan). Election forms are available in Human Resources.
7. Full-time employees covered by this MOU who have completed 30
days of'uninterrupted service shall be enrolled in the full flex cafeteria plan on the
first day of the next succeeding month.
18 of 33
Resolution.Number 6720 OCEA
8. Employees who change classification from full-time to part-time
provisional, hourly or seasonal shall not be eligible for participation in the full flex
cafeteria plan.
9. City shall not contribute a dollar amount for any employee during any
month the employee is on leave of absence without pay or who is absent from
regular duties without authorization, fora full calendar month. City shall contribute
to the cafeteria plan for eligible employees receiving temporary payments from
Workers' Compensation Insurance.
B. Retirement Health Insurance
1. Employees covered by this Agreement shall have the option, upon
retirement, to continue participation in the City's health insurance program at the
employee's expense.
2. Employees covered by this Agreement who were hired before April
13, 2009 by the City, have 20 or more combined years of employment with the
City, have reached 55 years of age, and retire after December 31 , 2010, shall be
provided with individual medical insurance coverage capped at the rate of Kaiser
HMO. If said employee has 30 or more combined years of employment with the
City upon retirement, eligible dependent medical insurance coverage shall also
be provided capped at the rate of Kaiser HMO which is in effect at the time of
retirement. A portion of the payment for retiree or retiree and dependents
medical insurance is identified as the City's contribution towards PEMHCA3.
Employees hired by the Cityon or after April 13, 2009 and retire after December
31 , 2010; the City shall contribute to the cost of medical coverage for each
eligible retiree and dependents, an amount not to exceed the California Public
Employees' Medical and Hospital Care.Act (PEMHCA) minimum contribution.
4. In all cases, the City's contribution for eligible dependent coverage
for retirees shall terminate with the death of the retiree.
5. In the event an eligible retired employee resides in an area where
the health'plans provided by the City are not in effect, that retired employee shall
be entitled to receive in cash each month an amount equal to the City flex
contribution at time of retirement.
C. Life Insurance
1. Management agrees to provide a group term life insurance plan
providing:life insurance coverage of'$50,000 foreach full-time classified non7safety
employee represented by the Association, a double indemnity accidental death
benefit, and a dependent death benefit in the amount of $1,000 per dependent.
19 of 33
Resolution Number 6720 OCEA
2. Said insurance shall become effective after the employee has
completed 30 days of uninterrupted service with said employee to be enrolled in
the program on the first day of the next succeeding month.
D. Disability Insurance Plan
1. The City shall provide a group insurance plan for income
continuation for eligible employees. Said insurance to provide an income
continuation of 66.67% of the employee's monthly salary, up to a maximum of
$5,000 per month, for a period of time not to exceed the length of injury or illness,
up to the age of retirement as designated by the Social Security Administration.
2. Said insurance shall become effective after the employee has
completed 30 days of uninterrupted service with said employee to be enrolled in
the program on the first day of the next succeeding month.
SECTION 9: RETIREMENT
A. The retirement program provided by the City shall consist of a pooled Public
Employee's Retirement System (PERS) plan, which includes the following
Government Code provisions:
Section 20042 - One Year final compensation (Single Highest Year)
Section 20965- Credit for unused sick leave
Section 21024 - Military Service Credit
Section 21573— 3`d Level of 1959 Survivor Benefits
Section 21251.32 — 2% @ 55
B. The employees shall pay the full 7% of their CaIPERS required contribution
of their compensation earnable.
C. New employees/members hired on or after January 1, 2013 as defined by
The Public Employees' Pension Reform Act (PEPRA) will be hired at the
retirement formula in accordance with PEPRA and other legislation.
SECTION 10: HOURS OF WORK
A. Prior to implementing a change in work schedule for the Public Works
Department from the 4 day schedule, Orange County Employees Association will
be notified. Upon request, the City will meet and confer with the Association on
the impact of any scheduled change.
B. At the discretion of the Department Head: Community Services Officer,
Senior Community Services Officer, and Lead Community Services Officer
positions may be scheduled in shifts of 9-hour 4 days each week and one
additional 8 hour day on alternate weeks, referred to as the 9/80 plan, or may be
20 of 33
Resolution Number 6720 OCEA
scheduled in shifts of 10-hour 4 days each week, referred to as the 4/10 plan.
Additionally, other non-sworn positions may be scheduled on the 5/8 plan to
accommodate training-sessions. At the discretion of the Department Head, Public
Works Beach Division employees may be scheduled on a 5/8 work shift from May
through September.
C. Holiday Closures
1. The City Manager may designate up to 5 specific holiday closure
work. days in each calendar year between Christmas Day and New Years Day
during which employees may required to take time off, charged to leave without
pay, the employee's accumulated compensatory time, vacation, floating holidays,
or a combination thereof, as determined by the affected employee. The days must
be consecutive for the employee; but may differ between employees. Employees
who do not have sufficient accumulated time off in their account to cover the
required time off may request, and will be granted, sufficient advance on their
vacation accrual to cover the uncovered balance. This advance will be recovered
with the next vacation accruals earned by the employee. Time off of work under
this provision shall not be deemed a layoff.
2. If an employee is required to work on a City Manager designated
holiday closure work day, the employee will receive pay computed at time and
one-half employees' basic hourly rate for the number of hours actually worked.
Example: Employee A normally works a 10-hour day, 4 days per week, and
is required to work 4 hours on a City Manager designated
holiday closure work day on December 28, 2016. Employee A
would earn pay computed as follows:
Hours Pay Rate
4 hours work pay Regular base hourly rate or overtime
hourly rate, as applicable under MOU
6 hours leave time Compensatory time, vacation, floating
holiday, or combination thereof
3. All General Unit Orange County Employees Association members
shall be granted ^/2 hour paid release time to attend quarterly Association meetings
and 2 additional 1/2 hour for meetings to be called at the discretion of the
Association. Such release time shall be taken in conjunction with the employees
regularlyyscheduled lunch and shall be approved only after a minimum of 10 days'
notice has,been given to the City.
4. Police Department Employees are excluded from this provision.
21 of 33
Resolution Number 6720 OCEA
SECTION 11: OVERTIME
A. .Overtime and Call-Out Pay
1. If work beyond normal workday, workweek or work period is
required, the employee who may be asked to perform such overtime shall be
notified of the apparent need for such overtime as soon as practicable prior to
when the overtime is expected to begin.
2. If the responsible supervisor determines that overtime is necessary
on work started on an assigned..shift, the assigned employee(s) may continue with
that work as an extension of their assigned shift.
3. Call out and overtime pay shall be paid at the rate of time and one-
half the hourly rate. Minimum "call out" time (when returning to work) shall be 2
hours.
4. Overtime will be computed by dividing the employee's regular
monthly salary by 173.3 to arrive at an hourly wage. Paid overtime for the payroll
period is to be submitted and computed with the regular payroll.
5. Notwithstanding any provision of this Section, employee shall be
entitled to select either compensated overtime or compensatory time off subject to
budget limitations, departmental rules and regulations, and Section 7 - D of this
MOU.
B. Court Time
1. All eligible employees called for a subpoenaed court appearance
which arises out of the course of employment and not contiguous with the
employee's work shift shall be compensated for a minimum of 2% hours at the rate
of 11 times the employee's regular hourly rate of pay. Should the appearance
exceed 2% hours, the employee shall receive pay for the actual appearance time,
excluded court designated lunch period, at the rate of 11/2 times the employee's
regular hourly rate of pay. Court appearance time shall begin when the employee
departs from the Police Station to go directly to court.
2. Any appearance that is contiguous with a regular work shift is not
subject to the 2% minimum.
3. All employees agree to comply with "on-call" policies administered by
their department. Should an eligible employee be placed "on-call" during off duty
hours for court appearance(s), he shall be granted 2 hours pay at the employee's
straight time hourly rate for any on call time prior to 12:00 noon and 2 hours for all
on calltime after the hour of 12:00 noon.
22 of 33
Resolution,Number 6720 OCEA
SECTION 12: HOLIDAYS
A. The City agrees to grant all full time employees a full shift pay for each
holiday recognized by City. Every full-time employee of the City shall be granted
the following holidays with pay:
Holiday Date
New.Year's Day January 1st
Martin Luther King Day 3rd Monday in January
President's Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day First Monday in September
Veteran's Day November 11th
Thanksgiving Day Fourth Thursday in November
Calendar day following Thanksgiving Day
Christmas Eve December 24th
Christmas Day December 25th
*Floating Holiday (discretion of employee)
Total of 12 holidays annually
'Floating Holiday must be taken during each fiscal year (July 1st through June
30th). Floating holidays must be approved in advance by the Department Head.
B. 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 observed
as a holiday.
C. When a holiday falls on a full-time employee's regularly scheduled day off,
the employee shall receive compensatory time off for a full shift in lieu of holiday
pay, in keeping with other provisions of this MOU.
Example #1: Employee A normally works a 9/80 schedule, and a
holiday falls on the employee's Friday off, Employee A
would receive 8 hours of compensatory time off.
Example #2: Employee. B normally works a 9/80 schedule, and a
holiday falls on a Monday, Tuesday, Wednesday, or
Thursday, Employee B would receive 9 hours of
compensatory time off.
23 of 33
Resolution Number 6720 OCEA
Example #3: Employee C normally works a 4/10 schedule, and a
holiday falls on a Monday,. Tuesday, Wednesday,
Thursday, or Friday, Employee C would receive 10
hours of compensatory time off.
D. An employee who is required to work on a holiday shall receive pay
computed at 11/2 times the employees' basic hourly rate for the number of hours
actually worked.
Example: Employee A works 6 hours on Christmas Day. Employee A
would earn pay computed as follows:
Hours Pay Rate
Full-shift holiday pay base hourly rate
6 hours work pay regular hourly rate or overtime
hourly rate, as applicable under MOU
E. Holidays which fall during an employee's leave time shall not be charged
against the employee's leave time balance.
SECTION 13: SICK LEAVE
A. All full-time employees covered by this MOU shall accrue sick leave at the
rate of 1 day (8 hour) per month of service. Sick leave may be accumulated up
to and including 520 hours. Except as otherwise provided in this MOU, no
employee shall receive further accruals once the 520 hour maximum is reached.
B. The Department Head may require employees to present proof of illness
for sick leaves in excess of 3 working days.
C. Except as otherwise provided, employees shall not be eligible for any
payment for sick leave balances upon termination.
D. Employees who are on leaves of absence, without pay, shall not accrue
sick leave hours during said leaves of absence.
E. Sick leave balances may not be used to defer a disability retirement.
SECTION 14: VACATION TIME
A. All full-time employees covered by this MOU, who have passed the
employee probationary period (as defined in the Personnel Rules and
Regulations, Section 6.01) shall be granted a vacation with pay of approximately
80 hours per year up to a maximum of approximately 160 hours per year.
24 of 33
Resolution Number 6720 OCEA
B. All full-time employees, who shall have at least 5 years of continuous
service, shall be entitled to 8 additional hours of vacation per year of full-time
continuous service for each year of service in excess of 5 years up to a
maximum of approximately 160 hours per year.
C. The vacation accrual schedule is as follows:
Years' Vacation Maximum Hourly Annual Maximum
Service Hours ' Accrual Rate/ Pay Vacation Vacation
Earned PeriodBi-Weekly Hours Accrual
1 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 4.6153 120 200
11 128 4.9230 128 240
12 136 5.2307 136 240
13 144 5.5384 144 240
14 152 5.8461 152 240
15 160 6.1538 160 240
D. Employees of the City considered as hourly, part-time and/or seasonal
employees shall not be eligible for paid vacation.
E. Employees who are on leaves of absence, without pay, shall not accrue
vacation leave hours during said leaves of absence.
F. All full-time employees shall only be allowed to accrue a maximum of 240
hours of'vacation as set forth above. Once this maximum is reached, all further
accruals will cease. Vacation accruals will recommence after the employee has
taken vacation and the employee's accrued hours drop below the maximum. The
maximum can only be exceeded with the approval of the City Manager in writing.
G. Employees are encouraged to use at least the amount of vacation hours
earned each fiscal year Those employees who have been credited with pre-
existing leave hours are expected to use a portion of the excess as leave time, in
addition to the new vacation hours each year; until the maximum accrual is met.
The City recognizes that a number of long-term employees have accrued
substantially more leave time than shorter-term employees, and that it will likely
25 of 33
Resolution Number 6720 OCEA
take them significantly longer to achieve this goal. It is the intent of this section to
balance the, personal interests of the employee with the financial concerns of the
City; as such„ significant progress toward reaching the maximum accrual amounts
may be deemed a success.
H. Vacation leave time shall not be approved until such time as it has been
earned; unless prior, special arrangements have been made with the City
Manager. The time at which an employee shall take vacation leave shall be
requested by the employee prior to the start of the vacation leave period. Such
vacation leave to be taken'shall be subject to the prior approval of the Department
Head, or designee, subsequent to consideration of the departmental workload and
other staffing considerations, such as but not limited to, the previously approved
vacation schedule of other employees, sick leave and position vacancies.
Not more than once in each fiscal year, an employee who has completed at
least 1 year of continuous service shall, upon request, receive compensation for up
to 80 hours of accrued vacation time provided that the employee has taken an
equal amount of vacation time off within that fiscal year.
SECTION 15: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay
1. Upon the Department Head's recommendation and approval of the
City Manager, an employee may be granted a leave 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 180 working days.
2. 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 1 year.
3. 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.
4. During any authorized leave of absence without pay, an employee
shall not be eligible to accumulate or receive fringe benefits, except an employee
shall receive their monthly flex dollar allowance and the City, as specifically
provided for in this MOU, shall contribute to the employee's disability insurance
plan, and life insurance plan for the first 30 days of leave of absence.
26 of 33
Resolution;Number.6720 OCEA.
B. Bereavement Leave - The City agrees to provide 40 hours bereavement
leave with pay for death in:the immediate'family. The bereavement leave shall not
be chargeable to or accumulated as sick .time. `Immediate family" is defined as
spouse, registered domestic partner, father, mother, son, daughter, brother, sister,
grandparent, grandchild, step-mother, step-father, mother-in-law, father-in-law,
registered domestic partner-in-law or dependent relative living with the employee.
a Military Leave of Absence
1. Military leave shall be granted in accordance with the provisions of
Federal and State law. All employees entitled to military leave shall give the
Department Head an opportunity within the limits of military regulations to
determine when such ,leave shall be taken. Whenever possible, the employee
involved shall notify the Department Head of such leave request 10 working days
in advance of the beginning of the leave.
2. In addition to the provisions of State law, the City shall continue to
provide eligible employees on military leave, the monthly flex dollar allowance
under the cafeteria plan and disability and life insurance and retirement (if
applicable) for the first 3 months of military leave. During said period, the
employee shall be required',to pay to the City the amount that exceeds the monthly
flex dollar allowance (if applicable).
3. After the first 3 months of military leave, the employee may continue
said benefits at his cost.
D. Pregnancy Disability Leave of Absence
1. An employee who is disabled due to pregnancy shall be granted a
pregnancy disability leave as provided by the State of California and the Federal
Family Medical Leave Act. The employee may elect to take a lesser period of
leave.
2. Disabilities arising out of pregnancy shall be treated the same as
other temporary disabilities in terms of eligibility for, or entitlement to, leave with or
without pay.
E. Family Leave - Upon a demonstration of need and subject to the following
conditions, an employee may take leave or unpaid leave to care for his newborn
infant, whether through parentage or adoption, or to care for a seriously ill or
injured member of the employees "immediate family" as defined in Section 15 - B.
1... Proof of the birth or ,adoption of a newborn infant or the serious
illness/injury of the family member must be submitted to the City.
2. Requests for family leave must be submitted in writing to the
27 of 33
Resolution Number 6720 OCEA
employee's supervisor at the earliest possible date proceeding the time when the
leave is to begin.
3. Operational needs of the City shall be relevant in determinations
regarding the granting of family leave in accordance with the provisions of State
and Federal Family Leave laws.
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.
F. Catastrophic Leave - The purpose of the Catastrophic Leave Pool is to
enable full time employees to receive and donate vacation, administrative, leave,
and CTO leave credits on an hour for hour basis to assist employees who have
no leave and who will suffer a,financial hardship due to prolonged illness or injury
to themselves or a member of their immediate family. Sick Leave is excluded
from this program. The following conditions shall apply to Catastrophic Leave:
1. 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 administered by the Finance Department.
3. Employees must be in regular full-time appointed positions to be
eligible to receive catastrophic leave.
4. Employees receiving Long-Term Disability payments are excluded
from receiving catastrophic leave under 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 40 hours of paid leave
available after making a donation.
7. Donating employees must sign an authorization, including specifying
the specific employee to be the 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.
28 of 33
Resolution Number 6720 OCEA
10. Catastrophic Leave due to illness or injury of an immediate family
member may require medical justificatioh: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.
SECTION 16: JURY DUTY COMPENSATION
A. Employees required to report for jury duty shall be granted leaves of
absence for such purpose, upon presentation of jury notice to the Department
Head. Said employees shall receive full payment for the time served on jury
service, provided the employee remits any fees received for such jury service,
excluding payment for mileage, to the City's Finance Department. Compensation
for mileage, subsistence or similar auxiliary allowance shall not be considered as a
fee and shall be returned to the employee by the Finance Department.
B. If the sum of the employee's jury duty responsibilities is less than a full work
day, the employee shall contact his supervisor as to the feasibility of returning to
work that day.
C. Any hours worked beyond the regularly scheduled work day shall be subject
to the workweek and overtime provisions. An employee may request a change in
regularly scheduled working hours to a Monday through Friday day shift for the
duration of such jury duty. Such requests shall be granted if practicable.
SECTION 17: PROBATIONARY PERIODS
A. Appointment Following Probation Period
1. The original appointment and promotional appointment of employees
shall be tentative and subject to a probationary period of 6 months of service.
2. 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 '180 days. The Personnel Office shall
notify the Department Head and the probationer concerned no-less-than 2 weeks
prior to the termination of any probationary period.
3. If'the service of a probationary employee has been satisfactory, the
Department Head shall file with the Personnel Office a statement, in writing, that
the retention of the employee is desired. No actions changing an employee's
status from probationary to regular full-time shall be made or become effective
until approved'bythe City Manager.
29 of 33
Resolution Number6720 OCEA
B. Objective of Probationary Period - The probationary period shall be
regarded as a part of the testing process and shall be utilized for closely observing
the employee's work, for securing the most effective adjustment of .a new
employee to his position, and for rejecting any probationary employee whose
performance does not meet the required standards of work.
C. Employee Performance Appraisal
1. Each probationary employee shall have his performance evaluated
at the end of each 3 months of service or at a more frequent interval when
deemed necessary by the Department Head. Such evaluation shall be reported in
writing and in the form approved by the Personnel Office.
2. The written appraisal report of an employee's performance
evaluation shall be filed in the Personnel Office and made a part of the employee's
personnel records, with one copy to be given to the employee.
D. Rejection of Probationary Employee
1. During the probationary period an employee may be suspended,
demoted, or rejected anytime by the Department Head, with approval of the City
Manager, without cause and without right of appeal, except the right of appeal of
punitive action as may be provided by law. Notification of rejection, in writing, shall
be served on the probationary employee and a copy filed with the Personnel
Office. A termination interview may be conducted with each rejected probationer.
2. An exception will be applied where the probationary employee's job
termination or dismissal is based on charges of misconduct which stigmatizes his
reputation or seriously impairs his opportunity to earn a living, or which might
seriously damage his standing and association in the community. Where there is
such a deprivation of a "liberty interest", the employee shall be given pre-
disciplinary procedural due process as defined in the City of Seal Beach Personnel
Rules and Regulations and this MOU. Prior to the disciplinary action becoming
final, the employee must be notified of his right to the appeal procedure as outlined
in the Rules and Regulations.
SECTION 18: LAYOFF PROCEDURES
A. The appointing authority may lay off employees or demote employees in
lieu of layoff subject to Section II - TERMINATION of the City's Personnel Rules
and Regulations.
B. Notwithstanding Section II of the City of Seal Beach Personnel Rules and
Regulations, the City agrees to apply the following as part of the definition of
seniority in layoffs.
30 of 33
Resolution Number 6720 OCEA
• C. Whenever seniority is equal, the seniority of the employee shall be
determined first by examining continuous service within the affected
classification and if not determinative, then by position on the employment
list.
SECTION 19: SAFETY COMMITTEE PROGRAM
A Citywide Safety Committee Program will be implemented; an employee
representing each department will participate and will meet on a quarterly basis.
SECTION 20: DRUG & SUBSTANCE ABUSE POLICY FOR COMMERCIAL
DRIVER'S LICENSE HOLDERS
Anti-Drug & Alcohol Policy
A. 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.
B. 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.
SECTION 21: ENTIRE MEMORANDUM OF UNDERSTANDING
A. Merger of Negotiations - This MOU 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.
B. Notwithstanding the provision of Sub-section A, there exists within the City
certain personnel rules and regulations and department rules and regulations. To
the extent that this MOU 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 MOU and applicable state law.
C. Except as provided herein, other terms and conditions of employment, oral
or written, express or implied that are presently enjoyed by employees represented
by the Association shall remain in full force and effect during the entire term of this
MOU unless mutually agreed to the contrary by both parties hereto.
31 of 33
Resolution Number 6720 OCEA
D. Separability - If any provision of the MOU or the application of such
provision to any person or circumstance shall be held invalid, the remainder of the
MOU or the application of such provision to persons or circumstances other than
those as to which it is held invalid, shall not be affected thereby.
E. Reopener Clause - City and Association agree to reconvene during the
terms of this MOU to discuss retiree benefits, including but not limited to, the
implementation of Health Savings Account (HAS), Health Reimbursement
Arrangement (HRA), or Voluntary Employee Beneficiary Association (VEBA)
programs for employee and retiree medical premiums.
SECTION 22: TERM OF MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding shall remain in full force and effect from July
• 1, 2016 until midnight, June 30, 201.9.
SECTION 23: EMERGENCY WAIVER PROVISION
In the event of circumstances beyond the control of the City, such as acts of God,
fire, flood, civil disorder, national emergency, or similar circumstances, provisions
of this MOU 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 MOU and any Personnel Rules and
Regulations.
32 of 33
Resolution Number 6720 OCEA
SECTION 24: RATIFICATION
This MOU is subject to approval and adoption by the City Council and ratification
by the required number of the duly authorized representatives of the Association.
Following such approval and adoption, the MOU shall be implemented by the
appropriate resolutions(s), ordinance(s), or other written action of the City Council.
IN WITNESS HEREOF, the parties have hereto caused this Memorandum of
Understanding to be executed this 27th day of March 2017.
CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVES:
Date:
Patrick Gallegos, Assistant City Manager
ORANGE COUNTY EMPLOYEE ASSOCIATION REPRESENTATIVES:
Date:
Charles G. Barfield, Assistant General Manager
Date:
Michael Uggla
Date:
William Moran
Date:
Shannon Allen
33 of 33
Attachment "r
Adopted by Resolution No. 6720
EXHIBIT A
...........
:a O SEA <?%`∎°
• / i
Resolution Number 6720 OCEA
TABLE OF CONTENTS
SECTION 1: RECOGNITION 6-7
SECTION 2: DUES AND BENEFIT DEDUCTIONS
A. Payroll Deductions 7
B. Employee Association Dues 7
C. Indemnification 7-8
SECTION 3: CITY RIGHTS
Rights/Responsibilities 8-9
SECTION 4: NON-DISCRIMINATION 9-10
SECTIONS: COMPENSATION PLAN
A. Basic Compensation Plan 10
B. Advancement within Salary Ranges 10-11
C. Salary Increases 11
D. Salary Decreases 11
E. Adjustment of Salary Ranges 11
F. Salary and Benefits on Suspension 11
G. Salary Adjustments During Term of MOU 12-1-3
H. Miscellaneous 13
SECTION 6: SPECIAL PAY PROVISIONS
A. Automobiles and Mileage 13
2of34
Resolution Number 6720 OCEA
B. Seniority Bonus 13
C. Maintenance Worker Merit Program 13
D. Standby Compensation 13-14
E. Shift Differential 14
F. Traffic Signal Technician Pay 14
G. Class NB License Pay 14
H. Training Program 14-15
I. Uniforms & Equipment/Uniform Allowance 16
J. Water Treatment/Water Distribution Pay 16
K. Recertification Reimbursement 16
L. Deferred Compensation Program 16
M. Bilingual Compensation 16-17
N. One-Time Bonus Payment 17
SECTION 7: FRINGE BENEFIT ADMINISTRATION
A. Administration 17
B. Selection and Funding 17
C. Changes 17
D. Compensatory Time Off (CTO) 17
SECTION 8: HEALTH,.DENTAL, LIFE, AND DISABILITY INSURANCE
A. Health Insurance 18-19
B. Retirement Health Insurance 20
C. Life Insurance 19- 20
3 of 34
Resolution Number 6720 OCEA
D. Disability°Insurance.Plan 4-9 20
E Premium Only Plan (POP) 20
SECTION 9: RETIREMENT 20
SECTION 10: HOURS OF WORK 20-21
Holiday Closures 21
SECTION 11: OVERTIME
A. Overtime & Call-Out Pay 24-22
B. Court Time 22
SECTION 12: HOLIDAYS 2223-24
SECTION 13: SICK LEAVE 24
I SECTION 14: VACATION TIME 24-26
SECTION 15: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay 26-27
B. Bereavement Leave 27
C. Military Leave of Absence 27
D. Pregnancy Disability Leave of Absence 27-29
E. Family Leave 27-28
F. Catastrophic Leave 28-29
SECTION 16: JURY DUTY 29
4 of 34
Resolution Number 6720 OCEA
SECTION 17: PROBATIONARY PERIODS
A. Appointment Following Probation Period 29-38
B. Objective of Probationary Period 30
C. Employee Performance Appraisal 30
D. Rejection of Probationary Employee 30
SECTION 18: LAYOFF PROCEDURES 30-31
SECTION 19: SAFETY COMMITTEE PROGRAM 31
SECTION 20: DRUG & SUBSTANCE ABUSE POLICY FOR COMMERCIAL
DRIVER LICENSE HOLDERS
Anti-Drug & Alcohol Policy 31
SECTION 21: ENTIRE MEMORANDUM OF UNDERSTANDING
A. - C. Merger of Negotiations 31-32
D. Separability 32
E. Reopener Clause 32
SECTION 22: TERM OF MEMORANDUM OF UNDERSTANDING 32
SECTION 23: EMERGENCY WAIVER PROVISION 32
SECTION 24: RATIFICATION 32-33
5 of 34
Resolution Number 6720. OCEA
MEMORANDUM.OF UNDERSTANDING
BETWEEN
THE CITY OF SEAL BEACH
AND
ORANGE COUNTY EMPLOYEES ASSOCIATION
SECTION 1: RECOGNITION
A. Pursuant to the provisions of Employee-Employer Relations Resolution
5242, as amended, the City of Seal Beach (hereinafter called the "City" and/or
"Employer" and/or "Management" interchangeably) has recognized for the purpose
of this Memorandum of Understanding (MOU), the Seal Beach Chapter of the
Orange County Employees Association (OCEA), 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.
B. The City recognizes the Association as the representative of the employees
in the classification and assignments set forth in Section 1 above for the purpose
of meeting its obligations under this MOU, the Meyer-Milias-Brown Act,
Government Code Section 3500 et seq., when City rules, regulations or laws
affecting wages, hours and/or other terms and conditions of employment are
amended or changed.
C. The City agrees that-the. recognized representatives of Association not to
exceed 4 in number shall be entitled to meet and confer with City during said
recognized representatives' normal working hours without suffering any loss in pay
while absent from the duties for such purpose, providing that such time shall not
exceed 2 hours in any 1 week unless agreed to by City. City also agrees that such
representatives may utilize not more than 1 hour per month or 12 hours per year
without suffering any loss in pay for such absence for the purpose of meeting with
employees who are members of Association and/or other officers of Association.
D. The City shall provide a bulletin board in each of the following locations:
Public Works Yard, Administration Building, and Police Department. Such bulletin
boardsIo.be available for the purpose of posting notices pertaining to Association
business only. Association shall not use any other bulletin board within City
facilities:
E. The City recognizes.Association's;right to appoint or elect representatives to
meet and confer with City's management representatives on salaries, wages, and
terms and conditions of employment. Association agrees to notify City in writing as
to the identity of the representatives and of subsequent appointments, if any.
6of34
Resolution Number 6720 OCEA
Association and City agree that employees appointed or elected as Association
representatives shall be required to work full time.
F. 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.
G. Representatives and/or officers of Association shall not interrupt the work of
any employee of City at any time to conduct business or other matters connected
with Association without prior consent of Management.
H. During the term of this MOU, the City shall provide to the Association, upon
receipt of a written request a listing of all current employees in this unit not
exceeding 2. per year. Such listing shall include employee name and job
classification. The Association agrees to pay necessary costs to provide such lists.
This MOU shall be effective by and between Management and Association
upon execution by Management and the required number of the duly authorized
recognized representatives of Association.
SECTION 2`. DUES AND BENEFIT DEDUCTIONS
A. Payroll Deductions - The City shall not be required to make payroll
deductions for any other items or reasons except as specified in this MOU.
Management shall determine in the interest of cost and efficiency as to whether
said deductions shall be on a monthly basis or on each bi-weekly payroll.
Management may require notice from employee of any change or modification in
any payroll deduction authorized in this section of this MOU. Said notice may be
required at least 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
credit union providing that any deduction shall not be less than $5.00 on a monthly
basis, or $2.50 if bi-weekly deductions for such purpose as authorized by
Management.
B. Employee Association Dues - City agrees to deduct regular monthly
Association dues from salary or wages of any Association member when
authorized to do so by said City employee in writing in a form satisfactory to City
and to remit such deductions to Association within 15 days after making such
deduction from an employee's salary or wages, and within the terms of the signed
deduction authorization of such City employee. The deduction of such Association
dues and the remittance of same by City to Association shall constitute payment of
said dues of such employee and member of Association.
C. Indemnification - The Association agrees to hold the City harmless and
indemnify the City against any claims, causes of actions, or lawsuits arising out of
7 of 34
Resolution Number 6720 OCEA
the deductions or transmittal of such funds to the Association, except the
intentional failure of the City to transmit to the Association monies deducted from
the employees pursuant to this Section.
SECTION 3: CITY RIGHTS
A. Rights/Responsibilities - 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 MOU or by law to manage the City, as such
rights existed prior to the execution of this MOU. 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:
1. To manage the City generally and to determine the issues of policy.
2. To determine the existence or nonexistence of facts which are the
basis of the management decisions.
3. To determine the necessity and organization of any service or activity
conducted by the City and expand or diminish services.
4. To determine the nature, manner, means and technology and extent
of services to be provided to the public.
5. To determine methods of financing.
6. To determine types of equipment or technology to be used.
7. 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.
8. To determine and change the number of locations, relocations, and
types of operations, processes and materials to be used in carrying out all City
functions including, but not limited to, the right to contract for or subcontract any
work or operation of the City.
9: To assign work to and schedule employees in accordance with any
requirements set forth in this MOU, and to establish and change work schedules
and assignments upon reasonable notice.
10. To layoff employees from duties because of lack of work or funds, or
under conditions where continued work would be ineffective or non-productive.
11. To establish and modify productivity and performance programs and
standards.
8 of 34
Resolution.Number 6720 OCEA.
12. To discharge, suspend, demote, reprimand, withhold salary
increases and benefits, or otherwise discipline employees for cause.
13. To determine minimum qualifications, skills, abilities, knowledge,
selection procedures and standards, job classifications and to reclassify
employees in accordance with this MOU and applicable resolution and codes of
the City.
14. To hire, transfer, promote and demote employees for non-
disciplinary reasons in accordance with the MOU and applicable resolutions and
codes of the City.
15. To determine policies, procedures and standards for selection,
training and promotion of employees in accordance with this MOU and applicable
resolutions and codes of the City.
16. To establish reasonable employee performance standards including
but not limited to, quality and quantity standards and to require compliance
therewith.
17. To maintain order and efficiency in its facilities and operation.
18. To establish and promulgate and/or modify rules and regulations to
maintain order and safety and which are not in contravention with the Agreement.
19. To restrict the activity of an employee organization on municipal
property and on municipal time except as set forth in this MOU.
20. To take any and all necessary action to carry out the mission of the
City in emergencies.
B. Where the City is required to make changes in its operations because of the
requirements of law, whenever the contemplated exercise of City Rights shall
impact the wages, hours and other terms and conditions of employment of the
bargaining unit, the City agrees to meet and confer in good faith with
representatives of the Association regarding the impact of the contemplated
exercise of such rights prior to exercising such rights, unless the matter of the
exercise of such.rights is provided for in this MOU.
SECTION 4: NON-DISCRIMINATION
A. 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 or sexual orientation. The
City and the Association shall reopen any provision of this MOU for the purpose of
9 of 34
Resolution Number 6720 OCEA
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 MOU in compliance with State or Federal anti-discrimination
laws.
SECTION.5: COMPENSATION PLAN
A. Basic Compensation'Plan
1. All employees covered by this MOU shall be included under the
Basic Compensation Plan. Every classification under this Plan shall be assigned a
salary range adopted by the City Council. The salary schedule shall consist of 5
steps within each range.
2. The 1st 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.
3. The 2nd 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.
4. The 3rd, 4th and 5th steps are merit adjustments to encourage an
employee to improve his work and to recognize increased skill on the job.
Employees are normally eligible for these adjustments at any time after the
completion of 1 year of service at the preceding step. Each adjustment shall be
made subject to the recommendation of the Department Head and with the
approval of the City Manager.
B. Advancement within Salary Ranges
1. In order to properly compensate an employee, advancement in
salary shall be based on merit.
2. Advancement in salary shall not be automatic, but shall depend upon
increased-service value of the employee to the City.
3. The Department Head and/or the employee's immediate supervisor
shall be responsible to evaluate an employee fairly in an unbiased fashion for the
determination of job performances Advancement shall be made only upon
recommendation of the Department Head and with the approval of the City
Manager.
10 of 34
Resolution Number 6720 OCEA
4. An employee should be reviewed at least once every 12 months
from the effective date of. his last performance evaluation, special performance
advancement or promotion. Nothing contained herein shall restrict the Department
Head from denying the increase after evaluation, nor shall it prevent him from
recommending special performance advancement in salary at any time when
unusual or outstanding achievement has been demonstrated.
C. Salary Increases
1. 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.
2. Temporary Appointment - City agrees that employees assigned, in
an acting capacity, to a. higher classification than the employees' present
classification for a period of not less than 80 consecutive working hours shall be
entitled to temporary appointment pay. In addition, employees who are assigned
by the department director in writing to regularly scheduled acting assignments of
less. than. 80 hours shall also be entitled to temporary appointment pay.
Temporary appointment pay will be retroactive to the 1st hour served in the higher
classification and shall be ,paid at a rate equal to the first step of the higher
classification but in no event shall temporary appointment pay be less than 5%
more of the employee's current rate.
D. Salary Decreases In the case of a demotion of an employee 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 anniversary date.
E. Adjustments of Salary Ranges - When a salary range for a given
classification is revised upward or downward, the incumbents of positions and
classifications affected shall have their existing salary adjusted to the same step in
the new salary range and their anniversary date shall not be changed.
F. Salary and, Benefits on Suspension - During suspension from the City
service for disciplinary cause, an employee shall forfeit all rights, privileges and
salary, except he shall not forfeit his medical health plans, including dental,
retirement plan, disability insurance or life insurance. Should such suspension be
later modified or revoked, the employee shall be entitled to receive payment for
loss of income and benefits during the period of suspension.
11 of34
Resolution Number 6720 OCEA
G. Salary Adjustments During Term of Memorandum Of Understanding
1. The salary schedule for each position classification affected is
hereby determined and established upon adoption by City Council. Salary
increases are as follows:
First pay period on or following duly 1 , 2016 -
Employees shall receive a 1,52% cost of living adjustment
First pay period on or following July 1, 2013 2017 - CPI
adjustment, minimum 42% up to 3% maximum, as measured
utilizing the change in the Los Angeles - Riverside - Orange
County All Urban Consumers Index for the 12 months of April
2012 2016 -Mareh-April 20132017
First pay period on or following July 1, 2011 2018 — CPI
adjustment, minimum 42% up to 3% maximum, as measured
utilizing the change in the Los Angeles— Riverside — Orange
County All Urban Consumers Index for the 12 months of April
2013 2017 — Mareh-April 20112018
.. .
minimum 1% up to 3% maximum, as measured utilizing the
change in the Los Angeles Riverside Orange County Ali
March 2016
LGradex ,Job_+Classifications
8 Community Services Officer
8 Maintenance Worker
12 Senior Community Services Officer
12 Senior Maintenance Worker
12 Water Operator
15 Police Recruit _
16 Senior Water Operator
18 Lead Community Services Officer
19 Electrician
2. If the Management representative is of the sole opinion that
recruitment, retention or other reasons necessitate other upward salary
adjustments, Management representative will meet and confer with Association on
position classifications specified by the Management representative or Association.
Management representative may make additional recommendations to the City
Council.
12 of 34
•
Resolution.Number•6720 OCEA
3. For any and all position classifications not listed in this section, said
classifications not having personnel employed by City, salary adjustment, if any,
may be recommended by Management without further consultation or approval of
Association.
H. Miscellaneous - The City agrees to obtain available salary comparison
survey data for Orange County cities for use during negotiations for the period
beginning July 2016.
SECTION 6: SPECIAL PAY PROVISIONS
A. Automobiles andMileage- Employees covered by this MOU, 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).
B. Seniority Bonus - Employees who have achieved ten years of
uninterrupted employment with the City shall receive a 5% increase in base salary
effective on the payroll period following the 10th anniversary of their employment.
C. Maintenance Worker Merit Program — Under the provisions of this
program, all Maintenance Worker employees will become eligible to "promote" to
the classification of Senior Maintenance Worker providing the following conditions
have been met:
1. The employee must have reached "E" step in the classification of
Maintenance Worker.
2. The employee must have served in the capacity of Maintenance
Worker"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 or Senior Maintenance Worker work
force will be recruited at the Maintenance Worker level.
D. Standby Compensation
1. Utilities Division - Each employee of the Utilities Division (Water,
Sewer) who is assigned to standby duty will be compensated for 1 hour at a rate
of time and one_ -half for each weekday of duty and 5 hours at a rate of time and
one-half for on Saturday or Sunday or holidays. The assignment to standby duty
will be rotated among all water division personnel and other department
13 of 34
Resolution Number 6720 OCEA
personnel possessing the proper water operator's certification and having a
familiarity with the water and sewer system.
2. No compensation will be provided to personnel serving as "backup"
to the regalarly•scheduled person assigned to standby duty.
3. Employees on standby duty who are called out will be compensated
in accordance with Section 11.
4. Employees assigned to standby duty are required to respond to all
emergencies on a 24 hour basis. However, in the event that a maintenance
supervisor or other maintenance employee cannot be contacted during non-utility
related emergency, the person assigned to standby duty will be expected to
respond upon notification.
5. Personnel assigned to standby duty are required to carry with them
or have nearby, a portable communication device during all non-regular working
hours and also must confine their activities to the extent that they remain within 20
minutes driving time of the City of Seal Beach at all times. In addition, standby
personnel will be required to have in their possession a.current roster listing each
employee in the Public Works Department with their telephone number.
E. Shift Differential - City agrees that employees in the Public Works
Department who are assigned duties between the hours of 4:00 a.m. and 6:30
am. shall be paid at a rate of time and one-half for time worked during that period.
F. Traffic Signal Technician. Pay - 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 $30 per payroll period.
G. Class A/B License Pay - Each full-time employee in the Public Works
Department required by the City to maintain a Class A or B license for the
performance of their work, will be entitled to receive $30 per payroll period. The
Public Works Director or his designee will notify Personnel Office of eligible
employees.
H. Training Programs
1. 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. If required training is
necessary beyond the normal workday, workweek or work period, the employee
shall be entitled to pay computed at the regular base hourly rate or overtime hourly
14 of 34
Resolution.Number 6720 OCEA
rate, as applicable under the MOU, or.compensatory time off subject to budget
limitations, departmental rules and regulations,and Section 7-D of this MOU.
2. 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 a s well as the recommendation of the Department Head. This
approval is at the sole discretion of the City Manager. In the event the City
Manager approves such request and the employee has received a grade of "C" or
better or its equivalent grade point upon completion of the course, the employee
shall submit a copy of the official transcript and a receipt for the tuition fee to the
Personnel Office. Upon approval by the City Manager, the employee shall then be
reimbursed for the cost of tuition and books in accordance with the tuition
reimbursement policy adopted by the City. Employee shall not be entitled to either
compensated overtime or compensatory time off for participating in desirable
training or off-duty instruction.
3. Employees attending accredited community colleges, universities,
and trade schools for the purpose of obtaining a higher education degree may
apply for reimbursement of tuition, books, student fees and parking.
Reimbursement is capped each calendar year at the tuition rate of the Cal State
University system for up to 2 semesters of full-time, undergraduate enrollment
each calendar year.
4. Reimbursement is contingent upon the successful completion of
the course.. Successful completion means a grade of "C" or better for
undergraduate courses and a grade of "B" or better for graduate courses. All
claims for tuition reimbursement require prior approval and are subject to
verification and approval by the City Manager.
Example:. Employee A. attends California State University, Long
Beach, for the Spring 2013 2016 semester and completes
2 (3-unit) undergraduate courses with a grade of "C" or
better. The tuition reimbursement would be calculated as
follows:
20442016/2013 2017 State University Tuition$1,587.00 (0-6
units)
Required University Fees $ 384494.00
(approx.)
Parking $ 123.00
Books $ 300.00 (approx.)
TOTAL $2,399,12504.00
5. Training Conferences and Seminars - Approval for employees
15 of 34
Resolution Number 6720 OCEA
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 for allowable expenses per City Policy #300-10.
Uniforms & Equipment/Uniform Allowance
1. Public Works Department Employees - Each employee of the
Department of Public Works, except clerical, engineering and related
classifications as determined by the City Manager, shall be entitled to uniform
service. The City shall pay the total cost of renting and laundering uniforms
(designated by the Department Head) for each eligible employee.
2. Police Department Employees (Non-Sworn Members) - Each non-
sworn employee of the Police Department assigned to wear a uniform as a
condition of employment shall be entitled to a sum of $30 per payroll period. In
addition, new employees of non-sworn status in the Police Department shall
receive initial uniforms as determined by the Chief of Police. Each non-sworn
employee of the Police Department NOT required to wear a uniform as a condition
of employment shall not receive a uniform allowance. Should conditions of
employment change and those classifications are required to wear a uniform, the
$30 per payroll period uniform allowance shall be reinstated.
3. Safety Shoes - City agrees to provide acceptable safety shoes at a
maximum of $250 per calendar year for authorized employees as designated by
their Department Head.
J. Water Treatment/Water Distribution/Backflow Prevention,Pay
Each Public Works Employee in the classification of Senior Water Operator or
Water Operator who has received a Grade II Water Treatment Operator Certificate
from the California Department of Health Services or Grade II Water Distribution
Operator Certificate from the American Water Works Association will be entitled to
receive a one-time $100.00.
Each Public Works Employee in the classification of Senior Water Operator or
Water Operator who has received a Grade Ill Water Treatment Operator
Certificate from the California Department of Health Services or Grade III Water
Distribution Operator Certificate from the American Water Works Association will
be.entitled to receive $30 per payroll period.
Each Public Works employee required to hold a backflow prevention device tester
certificate will be entitled to a one-time $100.00.
K. Recertification Reimbursement - City to reimburse employees for
16 of 34
Resolution Number 6720 OCEA
required water re-certification.
L. Deferred Compensation Program - The City shall contribute 1% of base
salary per pay period into a' tax-qualified deferred compensation program for
eligible employees.
M. Bilingual Compensation
1. Upon the recommendation of a department director, the City
Manager may award a bilingual compensation bonus of $52.50 per payroll period
to those employees in positions determined to require bilingual skills.
2. The City Manager shall require the taking of competency tests to
certify the employee as eligible for bilingual compensation based on employee's
proficiency in speaking,the language determined to be required. Such certification
shall be a condition precedent to qualifying for bilingual pay.
N. One-Time Bonus Payment
At the City's first regular pay period on or after December 12, 2016 February 27
2017 the City shall pay to each full-time non-probationary employee (including
each employee that passes probation in FY 2016/17) covered by this MOU a
one-time bonus of $1,000:00. Said bonus shall be paid by City, at the direction
of employee, either as taxable regular compensation or to a deferred
compensation fund. Said bonus is to be a one-time bonus only, and not to be
considered'salary for the purpose of calculating PERS benefits, or to be paid in
any succeeding year under this MOU.
SECTION 7: FRINGE BENEFIT ADMINISTRATION
A. Administration - 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 MOU.
B. Selection and Funding - In the administration of fringe benefit programs
involving insurance, the City shall have the right to select any insurance carrier or
other method providing coverage to fund the benefits provided hereinafter during
the term of this MOU.
C. .Changes The City shall notify the Association prior to any change of
insurance carrier or method of funding coverage for any fringe benefits provided
hereinafter during the term of this MOU. No changes in insurance carrier or
17 of 34
Resolution,Number 6720 OCEA
methods of funding coverage shall result in the reduction of any benefits to any
employee covered by this agreement, irrespective of the carrier or plan in effect
from time to time Within the term of this agreement, the City may provide
alternative health plans.
D. Compensatory Time Off (CTO) - The maximum (cap) of CTO is 120
hours. CTO earned in excess of 120 hours will be paid as overtime during the pay
period accrued.
SECTION 8: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY
INSURANCE
A. Health Insurance Coverage
1. The City shall contribute to the cost of medical coverage for each
eligible employee and his/her dependents, an amount not to exceed the California
Public Employees' Medical and Hospital Care Act (PEMHCA) minimum
contribution. For calendar year 20132016 2017, CaIPERS has established the
minimum PEMHCA contribution at $4-1-6-1-25128 per month per employee.
2. The City shall contribute an equal amount towards the cost of
medical coverage under PEMHCA for both active eligible employees and eligible
retirees.
3. The City shall implement a full flex cafeteria plan for eligible
employees in accordance with the criteria provided to the Association ;during
negotiations. For employees participating in the City's cafeteria plan, each
employee shall receive a..monthly flex dollar allowance to be used for the purchase
of benefits under the cafeteria plan. Beginning on or after May 29, 2013January 1,
20162017, the monthly flex-doIlar amount shall be:
For Employees only $700806.68
832.82/month
For Employee and 1 dependent $17989,60-1-246,6
8 1286.97/month
For Employee and 2 or more dependents $47409,964-6-1-270
6 1664.29/month
4. A portion of the monthly flex dollar allowance is identified as the
City's contribution towards PEMHCA. Thus, for example, in calendar 20132016
2017, an employee's?monthly flex dollar allowance is $706:19896:68 832.82, of the
$7-9640806768 832.82; $4-1-6-425 1.28 has been designated by the City as its
required PEMHCA contribution to CaIPERS. The monthly flex dollar allowance
may only be used in accordance with the terms of the full flex cafeteria plan.
18 of 34
Resolution Number 6720 OCEA
5. Effective January 1, 20142017 2018, and every January 1st during
the term of thisragreement, the City shall increase the contribution amounts above
by the percentage. of increase for'basic plans published by CaIPERS which sets
health insurance premiums for the coverage year.
6. Employees meeting the waiver criteria and electing to waive
enrollment in the City's cafeteria plan are eligible to receive $310-350 per month
beginning January 1, 2017 (upon showing proof of medical insurance coverage
under an alternative plan). Election forms are available in Human Resources.
7. Full-time employees covered by this. MOU who have completed 30
days of uninterrupted service shall be enrolled in the full flex cafeteria plan on the
first day of the next succeeding month.
8. Employees who change classification from full-time to part-time
provisional, hourly or seasonal shall not be eligible for participation in the full flex
cafeteria plan.
9. City shall not contribute a dollar amount for any employee during any
month the employee is on leave of absence without pay or who is absent from
regular duties without authorization, fora full calendar month. City shall contribute
to the cafeteria plan for eligible employees receiving temporary payments from
Workers' Compensation Insurance.
B. Retirement Health Insurance
1. Employees covered by this Agreement shall have the option, upon
retirement, to continue participation in the City's health insurance program at the
employee's expense.
2. Employees.covered by this Agreement who were hired before April
13, 2009 by the City, havewith 20 or more combined years of employment with
the City, have reached 55 years of age, and retire after December 31, 2010,
shall be provided with individual medical insurance coverage capped at the rate
of Kaiser HMO. If said employee has 30 or more combined years of
employment with the.City upon retirement, eligible dependent medical insurance
coverage shall also be provided capped at the rate of Kaiser HMO which is in
effect:at the time of retirement. A portion of the payment for retiree or retiree
and dependents medical insurance is identified as the City's contribution towards
PEMHCA.
3. Employees hired by the City on or after April 13, 2009 and retire
after December 31, 2010, Ttne City shall contribute to the cost of medical
coverage for each eligible retiree and dependents, an amount not to exceed the
California Public Employees' Medical and Hospital Care Act (PEMHCA)
19 of 34
Resolution Number6720 OCEA
minimum contribution:
4. In all cases, the City contribution for eligible dependent coverage
for retirees shall terminate with the death of the retiree.
5. In the event an eligible retired employee resides in an area where
the health plans provided.by the City are not in effect, that retired employee shall
be entitled to receive in cash each month an amount equal to the City flex
contribution at time of retirement.
C. Life Insurance
1. Management: agrees to provide a group term life insurance plan
providing life insurance coverage of $50,0001or each full-time classified non'-safety
employee represented by the Association, a double indemnity accidental death
benefit, and.a dependent death benefit in the amount of $1,000 per dependent.
2. Said insurance shall become effective after the employee has
completed 30 days of uninterrupted service with said employee to be enrolled in
the program on the first day of the next succeeding month.
D. Disability Insurance Plan
1. The City shall provide a group insurance plan for income
continuation for eligible employees. Said insurance to provide an income
continuation of 66.67% of the employee's monthly salary, up to a maximum of
$5,000 per month, for a period of time not to exceed the length of injury or illness,
up to the age of retirement°as-designated by the Social Security Administration.
2. Said insurance. shall become effective after the employee has
completed 30 days of uninterrupted service with said employee to be enrolled in
the program on the first day of the next succeeding month.
E Premium Only Plan (POP) The City will provide a POP for health and
feduetient
SECTION 9: RETIREMENT
A. Theretirement program provided by the City shall consist of a pooled Public
Employee's Retirement System (PERS) plan, which includes the following
Government Code provisions:
20 of 34
Resolution Number 6720 OCEA
Section,20042 - One Year final compensation (Single Highest Year)
Section:20965 - Credit for unused sick leave
Section21024 -.Military Service Credit
Section 21573- 3rd Level of 1959 Survivor Benefits
Section 21251.32 - 2% @ 55
B. -required contribution of 7%of their compensation earnable:
Effective first pay period: City tribution Employee Contribution
May 29, 2013 g-% 2%
,July 1, 2013 3% 4%
July 1, 2014
July 1, 2015 0%
The employees shall pay the full 7% of theirCalPERS required contribution of their
compensation earnable.
C. New employees/members hired on or after January 1, 2013 as defined by
The Public Employees' Pension Reform Act (PEPRA) will be hired at the
retirement formula in accordance with PEPRA and other legislation.
SECTION 10: HOURS OF WORK
A. Prior to implementing a change in work schedule for the Public Works
Department from the 4 day schedule, Orange County Employees Association will
be notified. Upon request, the City will meet and confer with the Association on
the irnpact.of any scheduled change.
B. At the discretion of the Department Head: Community Services Officer,
Senior Community Services Officer, and Lead Community Services Officer
positions may be scheduled, in shifts of 9-hour 4 days each week and one
additional 8 hour day on alternate weeks, referred to as the 9/80 plan, or may be
scheduled in shifts of 10-hour 4 days each week, referred to as the 4/10 plan.
Additionally, other non-sworn positions may be scheduled on the 5/8 plan to
accommodate training sessions. At the discretion of the Department Head, Public
Works Beach Division employees may be scheduled on a 5/8 work shift from May
through September.
C. Holiday Closures
1. The City Manager may designate up to 5 specific holiday closure
work days in each calendar year between Christmas Day and New Year's Day
during which employees may be required to take time off, charged to leave without
. pay, the employee's accumulated compensatory time, vacation, floating holidays,
or a combination thereof, as determined by the affected employee. The days must
be consecutive'for employee, but may differ between employees. Employees
21 of 34
Resolution.Number 6720 OCEA
who do not have sufficient accumulated time off in their account to cover the
required time off may request, and will be granted, sufficient advance on their
vacation accrual to cover the uncovered balance. This advance will be recovered
with the next vacation accruals earned by the employee. Time off of work under
this provision shall not be deemed a layoff.
2. If an employee is required to work on a City Manager designated
holiday closure work day, the employee will receive pay computed at time and
one-half employees' basic hourly rate for the number of hours actually worked.
Example: Employee A normally works a 10-hour day, 4 days per week, and
is required to work 4 hours on a City Manager designated
holiday closure work day on December 28, 20132016.
Employee A.would earn pay computed as follows:
Hours Pay Rate
4 hours work pay Regular base hourly rate or overtime
hourly rate, as applicable under MOU
6 hours leave time Compensatory time, vacation, floating
holiday, or combination thereof
03: All General Unit, Orange County Employees Association members
shall be granted Y hour paid release time to attend quarterly Association meetings
and 2 additional 1 hour 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 of 10 days'
notice has been given to the City.
4. Police Department Employees are excluded from this provision.
SECTION 11: OVERTIME
A. Overtime and Call=Out Pay
1. If work beyond normal workday, workweek or work period is
required, the employee who may be asked to perform such overtime shall be
notified of the apparent need for such overtime as soon as practicable prior to
when"the.,overtime is expected to begin.
2. If the responsible supervisor determines that overtime is necessary
on work started on an assigned shift, the assigned employee(s) may continue with
that work an extension of their assigned shift.
3. Call out and overtime pay shall be paid at the rate of time and one-
half the hourly rate. Minimum "call out" time (when returning to work) shall be 2
hours:
22 of. 34
Resolution Number 6720 OCEA
4. Overtime will be computed by dividing the employee's regular
monthly salary by 173.3 to arrive at an hourly wage. Paid overtime for the payroll
period is to be submitted and computed with the regular payroll.
5. Notwithstanding any provision of this Section, employee shall be
entitled to select either compensated overtime or compensatory time off subject to
budget limitations, departmental rules and regulations, and Section 7 - D of this
MOU.
B. Court Time
1. All eligible employees called for a subpoenaed court appearance
which arises out of the course of employment and not contiguous with the
employee's work shift shall be compensated for a minimum of 2% hours at the rate
of 11/2 times the employee's regular hourly rate of pay. Should the appearance
exceed 2% hours, the employee shall receive pay for the actual appearance time,
excluded court designated lunch period, at the rate of 11/2 times the employee's
regular hourly rate of pay: Court appearance time shall begin when the employee
departs from the Police Station to go directly to court.
2. Any appearance that is contiguous with a regular work shift is not
subject to the 2% minimum.
3. All employeesagree to comply with "on-call" policies administered by
their department. Should an eligible employee be placed "on-call" during off duty
hours for court appearance(s), he shall be granted 2 hours pay at the employee's
straight time hourly rate for any on call time prior to 12:00 noon and 2 hours for all
on call timeafter the hour of 12:00 noon.
SECTION 12: HOLIDAYS
A. The City agrees to grant all full time employees a full shift pay for each
holiday recognized by City. Every full-time employee of the City shall be granted
the following.holidays with pay:
Holiday Date
New Year's Day January 1st
Martin Luther King Day 3rd Monday in January
President's Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
23 of 34
Resolution Number 6720 OCEA
Labor Day First Monday in September
Veteran's Day November 11th
Thanksgiving Day Fourth Thursday in November
Calendar day following Thanksgiving Day
Christmas Eve December 24th
Christmas Day December 25th
*Floating Holiday (discretion of employee)
Total of 12 holidays annually
'Floating Holiday must be taken during each fiscal year (July 1st through June
30th). Floating holidays must be approved in advance by the Department Head.
B. 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 observed
as a holiday.
C. When a holiday falls on a full-time employee's regularly scheduled day off,
the employee shall receive compensatory time off for a full shift in lieu of holiday
pay, in keeping with other provisions of this MOU.
Example #1: Employee A normally works a 9/80 schedule, and a
holiday falls on the employee's Friday off, Employee A
would receive 8 hours of compensatory time off.
Example #2: Employee B normally works a 9/80 schedule, and a
holiday falls on a Monday, Tuesday, Wednesday, or
Thursday, Employee B would receive 9 hours of
compensatory time off.
Example #3: Employee C normally works a 4/10 schedule, and a
holiday falls on a Monday, Tuesday, Wednesday,
Thursday, or Friday, Employee C would receive 10
hours of compensatory time off.
D. An employee who is required to work on a holiday shall receive pay
computed at 11/2 times the employees' basic hourly rate for the number of hours
actually worked.
Example: Employee A works 6 hours on Christmas Day. Employee A
would earn pay computed as follows:
Hours Pay Rate
Full-shift holiday pay base hourly rate
6 hours work pay regular hourly rate or overtime
24 of 34
Resolution Number.6720 OCEA
hourly rate, as applicable under MOU
E. Holidays which fall during an employee's leave time shall not be charged
againsVthe employee's leave time balance.
SECTION.1'3: SICK LEAVE
A. AII'full-time employees covered by this MOU shall accrue sick leave at the
rate of 1 day18 hour) per month of service. Sick leave may be accumulated up
to and including 520 hours. Except as otherwise provided in this MOU, no
employee shall receive further accruals once the 520 hour maximum is reached.
B. The Department Head may require employees to present proof of Illness
for sick leaves in excess of 3 working days.
C. Employees who elected to retain sick leave balances prior to conversion
at 26% of the employee's then applicable base rate of pay.
DC. Except as otherwise provided, employees shall not be eligible for any
payment for sick leave balances upon termination.
Q. Employees who are on leaves of absence, without pay, shall not accrue
sick leave hours during said leaves of absence.
FE. Sick leave balances may not be used to defer a disability retirement.
SECTION'14:. VACATION TIME
A. All full-time employees covered by this MOU, who shall have at least one
passed the emplov_ee probationary period (as defined in the Personnel Rules
and Regulations, Section 6.01) 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 5 years of continuous
service, shall. be entitled to 8 additional hours of vacation per year of full-time
continuous •service for each year of service in excess of 5 years up to a
maximum of approximately 160 hours per year.
25 of 34
Resolution Number 6720 OCEA
C. The vacation accrual schedule is as follows:
Years' Vacation Maximum Hourly Annual Maximum
Service Hours Accrual Rate/Pay Vacation Vacation
Earned Period Bi-Weekly Hours Accrual
1 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 4.6153 120 200
11 128 4.9230 128 240
12 136 5.2307 136 240
13 144 5.5384 144 240
14 152 5.8461 152 240
15 160 6.1538 160 240
D. Employees of the City considered as hourly, part-time and/or seasonal
employees shall not be eligible for paid vacation.
E. Employees who are on leaves of absence, without pay, shall not accrue
vacation leave hours during said leaves of absence.
F. All full-time employees shall only be allowed to accrue a maximum of 240
hours of vacation as set forth above. Once this maximum is reached, all further
accruals will cease. Vacation accruals will recommence after the employee has
taken vacation and the employee's accrued hours drop below the maximum. The
maximum can only be exceeded with the approval of the City Manager in writing.
G. Employees are encouraged to use at least the amount of vacation hours
earned each fiscal year. Those employees who have been credited with pre-
existing leave hours are expected to use a portion of the excess as leave time, in
addition to the new vacation hours each year, until the maximum accrual is met.
' The City recognizes that a number of long-term employees have accrued
substantially more leave time than shorter-term employees, and that it will likely
take them significantly longer to achieve this goal. It is the intent of this section to
balance the personal interests of the employee with the financial concerns of the
City; as such, significant progress toward reaching the maximum accrual amounts
may be deemed a success.
26 of 34
Resolution Number 6720 OCEA
H. Vacation leave time shall not be approved until such time as it has been
earned, unless prior, special arrangements have been made with the City
Manager. The time at which an employee shall take vacation leave shall be
requested by the employee prior to the start of the vacation leave period. Such
vacation leave to be taken shall be subject to the prior approval of the Department
Head, or designee,•subsequent to consideration of the departmental workload and
other staffing considerations, such as but not limited to, the previously approved
vacation schedule of other employees, sick leave and position vacancies.
Not more than once in each fiscal year, an employee who has completed at
least 1 year of continuous service shall, upon request, receive compensation for up
to 80 hours of accrued vacation time provided that the employee has taken an
equal amount of vacation time off within that fiscal year.
Previously earned time shall' be used/compensated for as follows: Upon
SECTION 15: LEAVES OF ABSENCE
A. Authorized Leave of'Absence Without Pay
1. Upon the Department Head's recommendation and approval,of the
City Manager, an employee may be granted a leave 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 180 working days.
2. 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 1 year.
3. 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.
4. 'During any authorized leave of absence without pay, an employee
shall not be:eligible to.accumulate or receive fringe benefits, except an employee
shall receive their 'monthly flex dollar allowance and the City, as specifically
provided for in this MOU, shall contribute to the employee's disability insurance
plan, and life insurance plan for the first 30 days of leave of absence.
B. Bereavement Leave - The City agrees to provide 40 hours bereavement
leave with pay for death in the immediate family. The bereavement leave shall not
be chargeable to or accumulated as sick time "Immediate family' is defined as
spouse, registered domestic partner, father, mother, son, daughter, brother,,sister,
27 of 34
Resolution„Number 6720 OCEA
grandparent, grandchild, step-mother, step-father, mother-in-law, father-in-law,
registered°domestic partner-in-law or dependent relative living with the employee.
C. Military Leave of Absence
1. Military leave shall be granted in accordance with the provisions of
Federal and 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 nthify the Department Head of such leave request 10 working days
in advance of the beginning of the leave.
2. In addition to the provisions of State law, the City shall continue to
provide eligible employees on military leave, the monthly flex dollar allowance
under the cafeteria plan and disability and life insurance and retirement (if
applicable) for the first 3 months of military leave. During said period, the
employee shall be required10 pay to'the:City the amount that exceeds the monthly
flex dollar allowance (if applicable).
3. After the first 3 months of military leave, the employee may continue
said benefits at his cost.
D. Pregnancy Disability Leave of Absence
1. An employee who is disabled due to pregnancy shall be granted a
pregnancy disability leave as provided by the State of California and the Federal
Family Medical Leave Act The employee may elect to take a lesser period of
leave.
2. Disabilities arising out of pregnancy shall be treated the same as
other temporary disabilities in terms of eligibility for, or entitlement to, leave with or
without pay.
E. Family Leave- Upon a demonstration of need and subject to the following
conditions; an employee may take: leave or unpaid leave to care for his newborn
infant, whether through parentage or adoption, or to care for a seriously ill or
injured member of the employees "immediate family” as defined in Section 15 - B.
1. Proof of the birth or adoption of a newborn infant or the serious
illness/injury of.the family member must be submitted to the City.
2. Requests for family leave must be submitted in writing to the
employee's supervisor at the earliest possible date proceeding the time when the
leave isto.begin.
3. Operational needs of the City shall be relevant in determinations
28 of
Resolution:Number 6720 OCEA
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.
F. Catastrophic Leave - The purpose of the Catastrophic Leave Pool is to
enable full time employees to receive and donate vacation, administrative leave,
and CTO leave credits on an hour for hour basis to assist employees who have
no leave and who will suffer a financial hardship due to prolonged illness or injury
to themselves or a member of their immediate family. Sick Leave is excluded
from this program. The following conditions shall apply to Catastrophic Leave:
1. 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 administered by the Finance Department.
3. Employees must be in regular full-time appointed positions to be
eligible to receive catastrophic leave.
4. Employees receiving Long-Term Disability payments are excluded
from receiving catastrophic leave under 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 40 hours of paid leave
available after making a donation.
7. Donating employees must sign an authorization, including specifying
the specific employee to be the 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 family
member may:require medical justification as evidenced by a Physician's Statement
that the presence of the employee is necessary.
29 of 34
•Resolution Number 6720 OCEA
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.
SECTION'16: JURY DUTY COMPENSATION
A. Employees required to report for jury duty shall be granted leaves of
absence for such purpose, upon presentation of jury notice to the Department
Head. Said employees shall receive full payment for the time served on jury
service, provided the employee remits any fees received for such jury service,
excluding payment for mileage, to the City's .Finance Department. Compensation
for mileage,.subsistence or similar auxiliary allowance shall not be considered as a
fee and shall;be returned to the employee by the Finance Department.
B. If the sum of the employee's jury duty responsibilities is less than a full work
day, the employee shall contact his supervisor as to the feasibility of returning to
work that day.
C. Any hours worked beyond the regularly scheduled work day shall be subject
to the workweek and overtime provisions. An employee may request a change in
regularly scheduled working hours to a Monday through Friday day shift for the
duration of such jury duty. Such requests shall be granted if practicable.
SECTION 17: PROBATIONARY.PERIODS
A. Appointment Following Probation Period
1. The original appointment and promotional appointment of employees
shall be tentative and subject to a probationary period of 6 months of service.
2. 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 180 days. The Personnel Off ice shall
notify the Department Head and the probationer concerned no-less-than 2 weeks
prior to the termination of any probationary period.
3. If the:service of a probationary employee has been satisfactory, the
Department. Head shall file with the Personnel Office a statement, in writing, that
the retention. of the employee is desired. No actions changing an employee's
status from probationary to regular full-time shall be made or become effective
until approved by the City Manager.
B. Objective. of Probationary Period - The probationary period shall be
regarded'as a part of 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
30 of 34
Resolution Number 6720 OCEA
performance does not meet the required standards of work.
C. Employee Performance Appraisal
1. Each probationary employee shall have his performance evaluated
at the end of each 3 months of service or at a more frequent interval when
deemed necessary by the Department Head. Such evaluation shall be reported in
writing and in the form approved by the Personnel Office.
2. The written appraisal report of an employee's performance
evaluation shall be filed in the Personnel Office and made a part of the employee's
personnel records, with one copy to be given to the employee.
D. Rejection of Probationary Employee
1. During the probationary period an employee may be suspended,
demoted, or rejected anytime by the Department Head, with approval of the City
Manager, without cause and without right of appeal, except the right of appeal of
punitive action as may be provided by law. Notification of rejection, in writing, shall
be served on the probationary employee and a copy filed with the Personnel
Office. A termination interview may be conducted with each rejected probationer.
2. An exception will be applied where the probationary employee's job
termination or dismissal is based on charges of misconduct which stigmatizes his
reputation or seriously impairs his opportunity to earn a living, or which might
seriously damage his standing and association in the community. Where there is
such a deprivation of a "liberty interest", the employee shall be given pre-
disciplinary procedural due process as defined in the City of Seal Beach Personnel
Rules and Regulations and this MOU. Prior to the disciplinary action becoming
final, the employee must be notified of his right to the appeal procedure as outlined
in the Rules and Regulations.
SECTION 18: LAYOFF PROCEDURES
A. The appointing authority may lay off employees or demote employees in
lieu of layoff subject to Section II - TERMINATION of the City's Personnel Rules
and Regulations.
B. Notwithstanding Section II of the City of Seal Beach Personnel Rules and
Regulations, the City agrees to apply the following as part of the definition of
seniority in layoffs.
C. Whenever seniority is equal, the seniority of the employee shall be
determined first by examining continuous service within the affected
classification and if not determinative, then by position on the employment
list.
31 of 34
Resolution Number 6720 OCEA
SECTION 19: SAFETY COMMITTEE PROGRAM
A Citywide Safety Committee Program will be implemented; an employee
representing each department will participate and will meet on a quarterly basis.
SECTION 20: DRUG & SUBSTANCE ABUSE POLICY FOR COMMERCIAL
DRIVER'S LICENSE HOLDERS
Anti-Drug & Alcohol Policy
A. 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.
B. 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'thispolicy, the goal is to ensure a drug and alcohol-free
transportation environment and to reduce accidents, injuries and fatalities.
SECTION 21: ENTIRE MEMORANDUM OF UNDERSTANDING
A. Merger of Negotiations This MOU 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.
B. Notwithstanding the provision of Sub-section A, there exists within the City
certain personnel rules and regulations and department rules and regulations. To
the extent that this MOU 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 MOU and applicable state law.
C. Except as provided herein, other terms and conditions of employment, oral
or written,express or implied that are presently enjoyed by employees represented
by the Association shall remain in full force and effect during the entire term of this
MOU unless mutually agreed to the contrary by both parties hereto.
D. Separability - If any provision of the MOU or the application of such
provision to,any person or circumstance shall be held invalid, the remainder of the
MOU or the application of such provision to persons or circumstances other than
those as to which it is held invalid, shall not be affected thereby.
32 of 34
Resolution Number 6720 OCEA
E. Reopener Clause - City and Association agree to reconvene during the
terms of this MOU to .discuss retiree benefits, including but not limited to, the
implementation of Health Savings Account (HAS), Health Reimbursement
Arrangement (HRA), or Voluntary Employee Beneficiary Association (VEBA)
programs for employee and retiree medical premiums.
SECTION 22: TERM OF MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding shall remain in full force and effect from May
29,.2013December 12, 2016 until midnight, June 30, 20162019.
SECTION 23: EMERGENCY WAIVER PROVISION
In the event of circumstances beyond the control of the City, such as acts of God,
fire, flood, civil disorder, national emergency, or similar circumstances, provisions
of this MOU 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 MOU and any Personnel Rules and
Regulations.
SECTION 24: RATIFICATION
This MOU is subject to approval and adoption by the City Council and ratification
by the required number of the duly authorized of the Association.
Following such approval and adoption, the MOU shall be implemented by the
appropriate resolutions(s), ordinance(s), or other written action of the City Council.
IN WITNESS HEREOF, the parties have hereto caused this Memorandum of
Understanding to be executed this. 29th .27th day of MavMarch- 2013
2017.
33 of 34
Resolution Number 6720 OCEA
CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVES:
Datc:
Date:
Patrick Gallegos, Assistant City Manager
ORANGE COUNTY EMPLOYEE ASSOCIATION REPRESENTATIVES:
Date: _
Charles G. Barfield,
RepresentativeAssistant General Manager
Date:
Michael Uggla
Date:
William Moran
Date:
Shannon Allen
Date:
Can-Fertney
34 of 34