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HomeMy WebLinkAboutCC Res 4747 1999-09-13 RESOLUTION NUMBER 17~1 A RESOLUTION OF THE CITY COUNClL OF THE CITY OF SEAL BEACH APPROVING REVISIONS TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND THE ORANGE COUNTY EMPLOYEES ASSOCIATION WHEREAS, the Government Code of the State of California prescribes a procedure for resolving matters regarding wages, hours and other terms and conditions of I employment; and WHEREAS, the City of Seal Beach has met and conferred in good faith with the Orange County Employees' Association (OCEA) for the purposes of discussing said terms and conditions of employment; and WHEREAS, the City of Seal Beach and the Orange County Employees' Association have reached an agreement regarding the maximum number of sick leave hours that can be accrued by OCEA members as shown as Exhibit A to this resolution NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seal Beach hereby amends the Memorandum of Understanding between the City of Seal Beach and the Orange County Employees' Association, with said revisions attached as Exhibit A to this resolution. NOES: by th _City Council of the City of Seal Beach on , 1999 by the following vot ~.(l' APPROVED _ day of . A YES Councilmembe ABSENT: I MoJO' r STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M Yeo, City Clerk of Seal Beach, califon~~47ebY certify that the foregoing resolution is the original copy of Resolution Number. on file in the oflice of the City Clerk. passed, approved, and adopted I1Y the City counc~e CiJ.~ o~al Beach, at a regular meeting thereof held on the /3'f::!o day of D, "" ~1999, / I I I I Resolution Number 4791 EXHIBIT A MEMORANDUM OF UNDERSTANDING ORANGE COUNTY EMPLOYEES ASSOCIATION TABLE OF CONTENTS MEMORANDUM OF UNDERSTANDING ASSOCIATION ORANGE COUNTY EMPLOYEES PAGE NUMBER ARTICLE 1. Recognition Section 1. Employee Ordinance Section 2. Recognition Section 3. Number of Representatives Section 4. Bulletin Board Section 5. Election Section 6. Meetings Section 7. Conduct of Business Section 8. List of Current Employees Section 9. Effective ARTICLE II. DUES AND BENEFIT DEDUCTIONS Scction 1. Payroll Deductions Section 2. Employee Association Dues Sa:tion 3. Indemnification ARTICLE III. CITY RIGHTS Section I. RightslResponsibilities Section 2. Operation Changes ARTICLE IV. NON-DISCRIMINATION Section 1. Equal Employment Opportunity Section 2. Use of Gender ARTICLE V. COMPENSATION PLAN Section I. Basic Compensation Plan Section 2. Advancement within Salary Ranges Section 3. Salary Increases A. Promotional Appointment B. Temporary Appointment Section 4. Salary Decreases Section 5. Adjusbnents of Salary Ranges Section 6. Salary and Benefits on Suspension Section 7. Salary Adjustments During Term of MOD Resolution Number,!'''? ARTICLE VI. SPECIAL PAY PROVISIONS Section 1. AutomobilcslMileage Section 2. Maintenance Worker Merit Program Section 3. Seniority Bonus Section 4. Standby Compensation A. Animal Control B. PW Employees Section 5. Shift Differential Section 6. Traffic Signal Technician Pay Section 7. Training Program Scction 8. Uniforms & EquipmentlUnifonn Allowance A. Uniforms B. Uniform Allowance C. Safety Shoes D. Equipment Certification Program I Section 9. Water Treabnent/Water Distribution Pay ARTICLE Vll.FRINGE BENEFIT ADMINISTRATION Section I. Administration Section 2. Selection and Funding Section 3. Changes ARTICLE VlH. HEALTIl, DENTAL, LIFE & DISABILITY INSURANCE Section 1. Covcrage - Health and Dental Insurance Section 2. Retirement Health Section 3. LifcInsurance Section 4. Disability Insurance Plan I Section 5. Premium Only Plan (POP) ARTICLE IX. , RETIREMENT ARTICLE X. I-lOURS OF WORK ARTICLE XI. OVERTIME Section I. Overtime and Call-Out Pay Section 2. Court Provision ARTICLE XII. HOLIDAYS ARTICLE XIII. SICK LEAVE ARTICLE XIV V ACA TION TIME ARTICLE XV. LEAVES OF ABSENCE Section I. Authorized Leave of Absence Without Pay Section 2. Bereavement Leave Section 3. Military Leave Section 4. Pregnancy Disability Leave Section 5. Family Leave I Section 6. Catastrophic Leave ARTICLE XVI. JURY DUTY ARTICLE XVII. PROBATIONARY PERIODS Section 1. Appoinbnent Following Probation Period Section 2. Objective of Probationary Period Section 3. Employee Performance Appraisal Section 4. Rcjection of Probationary Period Resolution Numbe~j1~jf ARTICLE XVlII. LAYOFF PROCEDURES I ARTICLE XIX. SAFETY COMMITIEE PROGRAM ARTICLE XX. ANTI-DRUG/ALCOHOL POLICY MANDA TED BY FEDERAL REGULATIONS FOR CERT A1N EMPLOYEES ARTICLE XXI ENTIRE MEMORANDUM OF UNDERSTANDING Section I. Merger of Negotiations Section 2. Contradictions Section 3. Conditions Section 4. Separability ARTICLE XXII. TERM OF MEMORANDUM OF UNDERSTANDING ARTICLE XXlII. EMERGENCY WAIVER PROVISION ARTICLE XXIV. RA TIFICA TION ATTACHMENT A. SALARY DETAIL APPENDICES. Appeal Procedures - Personnel Rule XlV Grievance Procedures - Personnel Rule XV Appendix 1 Appendix 2 I I Resolution Number 1/1Jj7 EXHIBIT A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND ORANGE COUNT EMPLOYEES ASSOCIATION I ARTICI.R I RRCOCrNITlON Sect;nn I. Pursuant to the provisions of Employee-Employer Relations Ordinance Number 769, as amended, the City of Seal Beach (hereinafter called the "City" and/or "Employer" interchangeably) has recognized for the purpose of this Memorandum of Understanding, the Seal Beach Chapter of the Orange County Employees Association, an association of employees of the City of Seal Beach, hereinafter referred to as "Association" representing all full-time non-safety employees of the City except those employees detennincd to be professional, confidential, administrative, management and certain specified supervisory employees; and Seetin" 1, The City recognizes the Association as the representative of the employees in the classification and assigruncnts set forth in Section I above for the purpose of meeting its obligations under this Memorandum of Understanding, the Mcyer-Milias-Brown Act, Government Code Section 3500 et seq., when City Rules, Regulations or laws affecting wages, hours and/or other tenns and conditions of employment are amended or changed. Sectinn J. The City agrees that the recognized representatives of Association not exceed four (4) in number and shall be entitled to meet and confer with City during said recognized reprcsentatives' I nonnal working hours without suffering any loss in pay while absent from the duties for such purpose, providing that such time shall not exceed two hours in anyone week unless agreed to by City. City also agrees that such representatives may utilize not more than one hour per month or twelve hours per year without suffering any loss in pay for such absence for the purpose of meeting with employees who are members of Association and/or other offices of Association. Seetinn 4. City shall provide a bulletin board in eaeh of the following locations: Corporation Yard, Administration Building, Police Department. Such bulletin boards to be available for the purpose of posting notices pertaining to Association business only. Association shall not use any other bulletin board within City facilities. Sect inn 5. City recognizes Association's right to appoint or elect representatives to meet and confer with City's management representatives on salaries, wages, and terms and conditions of employment.' Association agrees to notifY City in writing as to the identifY of the representatives and of subsequent appointments, if any. Association and City agree that employees appointed or elected as Association representatives shall be required to work full time. fu:cti.an...1i. It is recognized and agreed that no Association business and/or mectings will be conducted and/or attended by employees of City during their respective hours of duty and work unless specified herein. Seetin" 7. Representatives and/or officers of Association shall not interrupt the work of any I employee of City at any time to conduct business or other matters connected with Association without prior consent of Management. Seet;nn ll. During the term of this Memorandum of Understanding, the City shall provide to OCEA, upon receipt of a written request, a listing of all current employees in this unit not exceeding twiee per year. Such listing shall include employee name and job classification. OCEA agrees to pay necessary costs to provide such lists. I I I Resolution Number~"~~ Section 9 This Memorandum of Understanding shall be effective by and between Management and Association upon execution by Management and the required number of the duly authorized recognized representatives of Association. ' A RTICI.R IT m JF.~ A NO RRNRFTT ORm JcrTON~ ~ection I. Payroll Deduction. The City shall not be required to make payroll dcductions for any other items or reasons except as specified in this Memorandwn of Understanding. Management shall determine in the interest of cost WId efficiency as to whether said deductions shall be on a monthly basis or on each semi- monthly payroll. Management may require notice from employcc of any change or modification in any payroll deduction authorized in this section of this Memorandum of Understanding. Said notice may be required at least ten (10) days prior to the effective date of said requested modification or change. Management agrees that payroll deductions are authorized for purposes of any employee depositing funds or making payments directly to a federal credit union providing that any deduction shall not be less than five dollars ($5.00) on a monthly basis, or two dollars and fifty cents ($2.50) if semi-monthly deductions for such purpose as authorized by Management. Section 2. Employee A.""ciation Due.. 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, WId within the terms of the signed deduction authorization of such City employee. The deduction of such Association dues and the remittal of same by City to Association shall constitute payment of said dues of such employee and member of Association. Section 1, lndemni ficntinn TIlc Association agrees to hold the City hannless and indemnifY the City against any claims, causes of actions, or lawsuits arising out of the deductions or transmittal of such funds to the Association, except the intentional failure of the City to transmit to thc Association monies deducted from the employees pursuant to this Article. ARTICT.R TTT r.JTV R TGHTS Section I. Right./Re.'lpon.ihilitie-q This City reserves, retains and is vested with solcly and exclusively, all rights of Management which have not been expressly abridged by specific provisions of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of this Memorandum of Understanding. The sole and exclusive rights of Management, as they are not abridged by this Agreement or by law, shall include but not be limited to, the following rights: A. To manage the City generally and to determine the issues of policy. B. To determine the existence or nonexistencc of facts which are the basis of the Management decision. C. To determine the necessity and organization of any service or activity conducted by the City and expand or diminish services. D. To determine the nature, manner, means and technology and extent of services to be provided to the public. E. To determine methods of financing. Resolution Number 4117 F. To detennine types of equipment or technology to be used. G. To detennine and/or change the facilities, methods, technology, means, organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted. H. To dctcrmine 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. l. To assign work to and schedule employees in accordance with requirements set forth in previous agreements, and to establish and change work schedules and assignments upon reasonable notice insofar as such changes do not conflict with previous Memorandums of Understanding. 1. To layoff employees from duties because of lack of work or funds, or under conditions where continued work would be ineffective or non-productive. K. To establish and modifY productivity and perfonnance programs and standards. L. To discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees for cause. M. To determine minimum qualifications, skills abilities, knowledge, selection procedures and standards, job classifications and to reclassify employees in accordance with this Memorandum of Understanding and applicable resolution and codes of the City. N. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with the Memorandum of Understanding and applicable resolution and codes of the City. O. To determine policies, procedures and standards for selection, training and promotion of employees in accordance with this Memorandwn of Understanding and applicable resolution and codes of the City. P. To establish reasonable employee performance standards including but not Iimilcd to, quality and quantity standards and to require compliance therewith. Q. To maintain order and efficiency in its facilities and operation. R. To establish and promulgate and/or modifY rules and regulations to maintain order and safety and which are not in contravention with the Agreement. S. To restrict the activity of an employee organization on municipal property and on municipal time except as set forth in this Memorandum of Understanding. T. To take any and all necessary action to carry out the mission of the Agency in emergencies. Section 7. Where the City is rcquired 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 tenns and conditions of employment of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Association regarding the impact of the contcmplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this Memorandum of Understanding. I I I I I I Resolution Number~"~;1 ARTICLE IV - NON-nTSCRIMINATION Section I. The City and the Association agree that they shall not discriminate against any employee because of race, color, sex, age, national origin, physical handicap, marital status, political or religious opinions or affiliations. The City and the Association shall reopen any provision of this Memorandum of Understanding for the purpose of complying with any fmal order of the Federal or State agency or Court of compctcnt jurisdiction requiring a modification or change in any provision or provisions of this Memorandum of Understanding in compliance with State or Federal anti-discrimination laws. Section 2. Whenever the masculine gender is used in this Memorandum of Understanding, it shall be understood to include the feminine gender. ARTICI.E V-COMPENSATION PI AN Section I Ra~ie Compen~ation Plan A. All employees covered by this Memorandwn of Understanding shall be included under the Basic Compensation Plan. Every classification under this Plan shall be assigned a salary range adopted by the City Council. The salary schedule shall consist of five (5) steps within cach range. B. The first step is a minimum rate and is normally the hiring rate for the classification. An employee may be assigned, upon appointment, to other than the normal entering salary step within the assigned range upon the recommendation of the Department Head and with the approval of the City Manager when it is decided that such action is in the best interests of the City. C. The second step, B step, is a merit adjustment which may be given at the end of the probationary period subject to the recommendation of the Department Head and with the approval of the City Manager. D. The third, fourth and fifth steps are merit adjustments to encourage an employee to improve his work and to recognize increased skill on the job. Employees are normally eligible for these adjustments at any time after the completion of one (I) year of service at the preceding step. Each adjustment shall be made subject to the recommendation of the Department Head and with the approval of the City Manager. Section 7. AdvanC'p.ment within Salal)' Rangc~ merit. A. In order to properly compensate an employee, advancement in salary shall be based on B. Advancement in salary shall not be automatic, but shall depend upon increased service value of the employee to the City. C. The Department Head and/or the employee's immediate supervisor shall be responsible to evaluate employees fairly in an unbiased fashion for the determination of job performance. Advancement shall be made only upon recommendation of the Department Head with the approval ofthe City Manager. D. An employee must be reviewed at least once every twelve (12) months from the effective date of his last performance step increase, special performance advancement or promotion. Nothing contained herein shall restrict the Department Head from denying the increase after evaluation, nor shall it prevent him from recommending a special performance advancement in salary at any time when unusual or outstanding achievement has been demonstrated. Resolution Number #1""7 , Seclion 3. Salary Increase.~ A. Promotional Appoinbnent - 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 pusitiOli that is closest to providing a 5% salary increase over the base salary received immediately prior to promotion. B. Temporary Appointment - City agrees that employees assigned, in an acting capacity, to a higher classification than the employees' present classification for a period of not less than 120 I consecutive working hours shall be entitled to move-up pay. In addition, employees who are assigned by the department director in writing to regularly scheduled acting assignments of less than 120 hours shall also be entitled to move-up pay. Move-up pay will be rctroactive to the first hour served in the higher classification and shall be paid at a rate equal to tile first step of the higher classification but in no event shall move-up pay be less than five percent (5%) more of the employee's current rate. Sedion 4. Salary necreas"" In tile case of a demotion of any employee in the deparbnent 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. Section 5. Adjustments of Salary Rang~' When a salary range for a given classification is revised upward or downward, tile incumbents of positions and classifications atfected shall have their existing salary adjusted to tile same relative step in the new salary range and thcir annivl...rsary date shall not be changed. Section 6. Salary and Renetits on SU!lpension I 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, retircment plan, disability insurance or life insurance. Should such suspension be later modified or revoked, the employee shall be entitled to reccive payment for loss of income and benefits during the period of suspension. Section 7_ Salary Adjustments during Term of Memorandum of 1 Jnderstanding A. The salary schedule for each position classification affected is hereby determined and established as indicated by Attachment A to be paid in accordance with the salary range schedule adopted by City Council, and shall become effective the date as specified in Attachment A. B. Should any non-safety group in the City receive more than a 2% across tile board wage increase, the Association shall have the right to reopen negotiations on salary only. C. If tile management representative is of the sole opinion that recruitment, retention or otller reasons necessitate otller upward salary adjustments, Management representative will meet and confer with Association on position classifications specified by the Management representative I or Association. Management representative may make additional recommendations to the City Council. )); It is understood and agreed that agreed-upon employees may be classified as confidential or supervisory employees. E; 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. I I I Resolution Numbe~~~jf ARTIC-T.R VI SPRr.JAT. PAY PROVISIONS Section 1. Alltomohile.q and Mileage Ollicers and employees of the City, utilizing thcir privately-owned automobiles for City busincss on a non-regular basis, shall be entitled to reimbursement for costs incurred at the rate established by the Intemal Revenue Service (IRS). Section 2. Maintenance Worker Merit Pmgl1lm Under tlle provisions of this program, all Maintenance Worker 1 employces will become eligible to "promote" to the classification of Maintenance Worker II providing the following conditions have been met: I) The employee must have reached "E" step in the classification of Maintenance Worker I. 2) The employee must have served in the capacity of Maintcnancc worker 1 "E" stcp for a minimum period of twclvc months. 3) Employce must have been rated satisfactory on most recent performance evaluation. Any vacancies in the Maintenance Worker 1 or II work force will be recruited at the Maintenance Worker I level. Section 3. Seniority Ronll~ Employees who have achieved ten years of uninterrupted employment with the City shall receive a five percent (5%) increase in base salary effective on the 10th anniversary of their employment. Section 4. Standhy C-ompen~ation A. I. Standby Compensation - Animal Control Animal Control officers on standby assignment shall be compensated at a rate of eight hours straight time pay and eight hours of compensatory time earned per month. B. I. Standby Compensation - Utilities Division: Each employee of the Utilitics Division (Water, Sewer) who is assigned by the Water Superintendent to standby duty will be compensated for one (I) hour of overtime pay each weekday of duty and five (5) hours of overtime on Saturday or Sunday or holidays. The assignment to standby duty will be rotated among all water division personnel and other department personnel possessing the proper water operators certification and has a familiarity with the water and sewer system. 2. No compensation will be provided personnel serving as "backup" to the regularly scheduled person assigned to standby duty. 3. Employees on standby duty who are called out will be compensated in accordance with Section 15. 4. Employees assigned to standby duty are required to respond to utility related emergencies on a twenty-four (24) hour basis. However, in the event that a maintenance supervisor or other maintenance employec cannot be contacted during non-utility related emergency, the person assigned to standby duty will be expected to respond upon notification. 5. Personncl assigned to standby duty are required to carry with them or have Resolution Number~1'~?, nearby, a paging device (beeper) during all non-regular working hours and also must confine their activities to the extent that they remain within twenty (20) minutcs driving time of the City of Seal Beach at all times. In addition; standby personnel will be required to have in their possession a current roster listing each employee in the Utility Division with their telephonc number. Sectinn 'I. Shift OifTcrential I City agrees that employees in the Public Works Deparbnent 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 timc worked during that period. Seetinn 6. Traffic Sil7'al Technician Pay Each employee in the Public Works Department in the classification of Elcctrician who has a Level 2 Traffic Signal Technician Cettificate from the International Municipal Signal Association will bc entitled to receive Fifteen Dollars ($15.00) per payroll period. Sectinn 7 Training Pmgram A. Required Training - An employec who is required by his or her Department Head to attend a spccified off-duty training course, shall, upon submission of receipts, rcceive rcimbursement for the following: transportation cost where appropriate, cost of books, course registration and related expenses directly necessary fur the successful9Dmpletion ofthc course. B. Desirable Training - Desirable training is defined as an off-duty instruction that will be mutually and immediately beneficial to the employee and the City. Prior to enrolling in a class for desirable training, an employee wishing ieimbursement 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 Witll the City as well as the recommendation of the Department Head. This approval is at the sole discrction of the City Manager. I 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 coursc, the employee shall submit a copy of the official transcript and a receipt for thc tuition fee to the Personnel Office. Upon approval by the City Manager, the cmployee shall then be reimbursed for the cost of tuition and books in accordance with the tuition reimbursement policy adopted by the City. C. Training Confcrences and Seminars - Approval for employees attending conferences wld 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 MWlager. Once approvals are given, those employccs will be rcimburscd on a cost basis after presenting receipts for allowable expenses per administrative training and per diem policy. Sectinn R. l1nifnnTIs & Eqllipment/llnifnnTI AlInwanee I A. Public Works Department Employees Each cmployee of the Department of Public Works, except clerical, enginccring wld relatc4 classifications as dctennined by the City Manager, shall be entitled to unifonn service. The City shall pay the total cost of renting and laundering uniforms (designated by the Department Head) for each eligible employee. I I I Resolution Number~;1+'?f B. Police DepatlT)ent Employees (Non-Sworn Members) Each non-sworn employee of the Police Department, including the classifications of Animal Control Officer, Police Records Technician and Community Services Officer assigned to wear a unifonn as a condition of employment shall be entitled to a sum of twenty dollars ($20.00) per payroll period. In addition, new employees of non-sworn status in the Police Department shall receive initial uniforms as detennined by the Chief of Police. Each non-sworn employee of the Police Department, including tlle classifications of Typist Clerk, and Secretary NOT required to wear a unifonn as a condition of employment shall not receive a unifOlm allowancc. Should conditiuns of employment change and those classifications be required to wear a unifonn, the $20.00 per payroll period unifOlm allowance shall be reinstated. C. Safety Shoes - City agrees to provide acceptable safety shoes at current market prices lor autllorized employees OftllC Public Works Depal1mcnt. D. Equipment Certification Program - City agrees to cstablish a program for certification for operation of dangerous equipment to include a safety officer from among represented employees. I. The City shall establish a Safety Committee to review and recommend safety procedures. Section 9. Water TreatmentlWater Distribution Pay Wllter Treatment/Water Distribution Pay - Each Public Works Employee in the classification of Sel~ior Water Utility Operutor or Water Utility Operator who has received a Orade III Water Treatment Operator Celtificatc from the California Department of Health SClviees or Orade III Water Disl1ibution Operator Certificate from tllC American Water Works Association will be entitled to receive Fifteen Dollars ($15.00) per payroll period. ARTIC.LE VII FRINGE RRNRFIT ADMINISTRATION Section 1. Arlministration The City reserves the right to select, change, administer or fund any fiinge benefit plUgral11s involving insurance that now exists or may exist in the future during the tel111 oftlus MenlOrandum of Understanding. Section 2. Selection allll Funding In the administration of fi'inge benefit programs involving insurance, the City shall have the right to select any insurance carrier or other method providing coverage to fund the benefits provided hereinafter during the term of this Memorandum of Understanding. Section 3. C.hange.q Provided, however, tlmt the City shall notify the Association prior to any change of insurance carrier or meUlOd of funding coverage for any fringe benefits provided hereinafter during the tenn of this Memorandum of Understanding. No changes in insurance carricr or methods of funding coverage shall result in the reduction of any benefits to any employee covered by this agreement, in'cspective ofllle canier or plan in effect from time to time. Within the tenll of this agreement, the City may provide alte1l1ativc health plans. ARTICLE VIII HEALTH, DENTAl. LIrE & D1SAHII.ITY INSllRANCE Section I. A. Coverage - Health Insurance The City shall provide for eligible employees a group hospital, medical and dental insurance plan. Resolution NUmber~1411' D. The City shall contribute to the cost of each medical/dental plan for each eligible cmployce and their dependents, up to the following amounts: For single cmployccs .................................................................... $21 6/month. For employee & I dependent......................................................... $355/month. For employee & 2 or morc dependents ........................................ $459/month. I Efiective January I, 2000, TIle City shall contribute to the cost of each medicaVdental plan for each eligible employec and their dependents, up to the following amounts: For single employees ................................................................................. $237/month. For employee & I dependcnt ..................................................................... $390/month. For employee & 2 or more dependents ..................................... $504/month. Employees enrolled in the plan are required to pay any premium amounts in excess of the above City conuibution. Such amounts will be deducted from the affected employee's payroll check on the first two pay periods for each month. ^ pol1ion of the cafeteria plan, $16 per month per employee, is identified as the medical conuibution is paid by the City of Seal Beach to the Publi,c Employees Retirement S~stem Health Program premium on behalf of the employee. , C. The City shall not change medical/dental insuranee plans during the tenn of this agreemCllt without first meeting and conferring on the proposed change. D. Part-time, seasonal, provisional and/or hourly employees shall not be eligible for pm1icipation in tlus program. I E. No person who is eligible to receive Worker's Compensation benefits is eligible to receive benefits fi'om the City's group medical insurance. F. Full-time employees of the City who have complcted thirty (30) days of OIunterrupted service shall be cnrolled in this insurance progrmn on Ule first day of the next succeeding month. G. Employees who change classification from full-time to pal1-time provisional, hourly 01' seasonal shall not be eligible for Ulis benefit. H. City shall not pay premiums for any employee on leave of absence without pay, who is absent from regular duties without authorization dOling the month and/or (or any cmployee who has terminated from City employmcnt for any reason. City shall pay prcmiums for employees reeeiving temporary payments from Workel's Compcnsation Insurancc. S.cclinn 2. Retirement Henlth Insurnnee Employees covered by lllis agreement have the option, upon rctircment, to continue palticipation in tile City's heallll insuranee prograln at the retiree's expense. Employees wbo retire with 30 years of I cumulative service shall have their health insurance premiums paid by tbe City. During Ule tenn of this agrcement, City agrees to almlyze the long-term costs of the retirement health inSUrallCC program. Thc City and Association agree to, as a priority item, discuss improvements to the retirement hcalth program for the period commencing July I, 2000. &:clinn ::\, Life Il1suranC\: ... Resolution Number~;1~;1 Management agrces to provide a group life insurance plan providing life insurance coverage of Twenty-Five Thousand Dollars ($25,000) for cach full-timc classified non-safety employee represented by the Association, a double indellmity accidental death benefit, and a dependent death benefit in the amount of One TIlOusand Dollars ($1,000) per dependent. Said insurance shalI become elTective after the employee has completcd thirty (30) days of uninterrupted serviee with said employee to be enrolled in the progranl on the first day oflhe next succeeding month. I Scdi';n 4. Disability rnsurance Plan The City shall provide a group insW'anee plan tor income continuation for eligiblc employees. Said insurance to provide an income continuation of Sixty-Six and Two-TInrds Percent (66.67%) of the cmployce's monthly salary, up to a maximum of Five TIlousand Dollars ($5,000) per month, for a period urlimc not to exceed the length ofinjury or illness, up to the age of65. Said insurance shall bccume ellective after the employee has completed thi11y (30) days ofunintcrruptcd service with said employee to be enrulled in the program on the first day of the next succceding month. St:l:1illlL5.. Premium Only Plan (POP) - TIle City will provide a Premium Only Plan (POP) fur hcalth and delltal benefits. TIle plan will allow for premiwn payments for premium payments fur mcdical and dental insurance coverage to be made before taxes (non-taxable) through salary reduction. ARTIc.r ,R rx RRTfR RMRNT A. TIle retirement prugrmn provided by the City shall consist of a depouled pERS plan wInch includes the following Govenllnent Code provisions: .. I A. B. C. D. E. Section 20042 Section 20965 Section 21024 Section 21573 Section 21251.32 One Year final compensation (Single Highest Yem'). Credit for unused sick leave. Militmy SClvice Credit. 3m Level of 1959 Survivor Benefits 2% @ 55 The City shall pay that portion of the aflectcd employee's retirement contribution that is equal to seven percent (7%) of the affected employees' base salary. ARTrc.LR X HOURS OF WORK A. Up to mId including the contract year ending June 30, 2000, management agrees to not dcmand changes in the scheduling plan as it exists in the Public Works Department at the signing of this agreement, specifically the four-day plml. D. At the discretion of the department head: Sccrctary and Account Clerk, Police Records Teclmician, Animal Contrul Oflicer and Community Services Officer positions may be scheduled in shifts of four nine-hour days each week and one additional eight-hour day on alternate wecks, refen'cd to as the 9/80 plan, or may be scheduled in shi fts of four ten-hour days each week, referred to as the 4/10 plan. Thc Animal Control Officer may be schcduled in shifts of five cight-hour days, rcfem:d to as 5/8 plan. Additionally, other non-SWOI11 positions may be scheduled on the 5/8 plmlto accommodate training sessions. I C. All General Unit Orange Cuwlty Employees Association members shall be granted one-half (V2) hour paid release time to attend qum1erIy Association meetings and two additional one-half (1/2) hours for meetings to be called at the discretion of the Association. Such release time shall be taken in co.yunction with the cmpluyees regularly sclleduled lunch and shall be approved only after a minimum often (10) days notice has been given to the City. . Resolution Number 41'11 ARTICI.E XI OVERTIME S"dion 1. Ovel1ime and Call-Ollt Pay A. B. If work bcyond nOlmal workday, workweek or work period is required, the cmployee who may be asked to pcrfonn such overtime shall be notilied of the apparent need for such ovel1imc as soon as practicable prior to when the overtimc is expected to begin. I If Ole responsible supervisor detel1uines that ovel1ime is necessary on work started on an assigned shift, the assigned cmployce(s) may continue ,vith that work as an extension oftheir assigned shift. C. Call out and overtime pay shall be paid at the rate of time ami one-half the hourly rate. Minimum "eall out" time (when retuming to work) shall be two (2) hours. D. Overtime will be computed by dividing the employee's regular monthly salary by 173.3 to arrive at an hourly wage. Paid ovel1ime for the payroll period is to be submitted and computed with thc regular payroll. E. Notwithstanding any provision of this Section, employee shall be entitled to select eithcr compcnsated oVe11ime or compensatory time off subject to budget limitations and departmental rules and regulations. F. Non-swom Police Department employees will be paid, wiOI the first pay period in Deccmber, for any comp time hours in excess of 160 at that time. Compensation will be atllie employee's current rate. Section 2. A. Court Time I All eligible employees called for a subpoenaed COUlt appearance which arises our of Ole course of employment and not contiguous with the employee's work shift shall bc compensated for a minimum of two-and-two-thirds (2-V3) hours at the ratc of one and one-half (1-1/2) times the employee's regular hourly rate of pay. Should thc appearance exceed two and two-thirds honrs, the employee shall receive pay for thc actual appearance time, excluded COlllt designated lunch period, at the rate of one and one-halftimes the employee's regular hourly rate of pay. Court appearance timc shall bcgin when the employee dcpartmcnts from Ole Police Station to go directly to courl. B. Any appearance that is contiguous wiOI a regular work shill is not subject to Ole two and two-Olirds minimum. C. AU cmployces agree to comply with "on-call" policies administered by thcir department. Should an eligible e1nployec bc placed "on-call" during olI duty hours for court appearance(s), he shall be granted two hours pay at the employee's straight time hourly rate for any on call timc prior to 12:00 noon WId two hours for all on call time allcr the hour of 12:00 noon. A. ART1r.l.E XII }-I OJ .IDA YS I The City agrees to grant all employees a full shift pay for each holiday recognized by City. Every full-time employcc of the City, except employees of the Police Department who are classilied as safcty mcmbers of Ole Public Employees' Retirement Syste1I1, shall be grantcd the following holidays with pay: I I I Resolution Number~;141j1 New Year's Day (January I) Martin Luthcr King Jr. Birthday (3rd Monday in January) Washington's Birthday (TIIird Monday in February) McmOlial Day (Last Monday in May) Indcpcndcnce Day (July 4) Labor Day (First Monday in September) Veteran's Day (November II) Thanksgiving Day (Fourth TIIw'Sday in November) TIle Calendar Day fol1owing Thanksgiving Day Clllistmas Eve (December 24) Cluistmas Day (December 25) ONE (I) FLOATING HOLIDA y* A total of 12 holidays wIDually. *TIIe floating holiday must be taken during each fiscal year (July 1st through June 30th). Floating holidays may not be canied forward beyond the tcnll of this agreement. Floating holidays must be approved by the department head. B. Whcn a holiday falls on a Sunday, the next day shall be observed as a holiday. Whcn a holiday falls on a Saturday, the preceding day shall be observed as a holiday. C. When a holiday falls on a full-tiine employees regularly scheduled day ofT, the employee shall receive either the previous or following day off or compensatory time, in keeping with othcr provisions of Uris MOD, subject to discretion of Department Head. D. An cmployee who is required to work on a holiday, shall receive pay computed at one and une-half (1-1/2) times thc employees' basic hourly rate for UIe nwnbcr of hours actually worked. In addition, the employcc shall receive compensatory timc for each huliday worked. E. Holidays which fall dUling an employees' leave time shall nut be charged against UIe employccs' leave time balance. ARTIc-r.R XTlI SIr.K r ,RA VE A. All full-time employees covered by this resolution shall accrue siek leave at the rate of one (I) eight (8) hour day per month of service. Sick leave may be accumulated up to WId including 520 hours. Except as otherwise provided in this resolution, no cmployee shall receive further accruals once the 520 hour maximum is reached. The Department I-lead may require employees to present proof of illness for siek leaves in excess of Ulfee (3) working days. B. Employees who eJected to retain sick leave balwlces prior to conversion to the leave time provision on July I, 1987: I) 2) May utilize those balances for sick leave purposes. Upon tennination, shall be paid for thc existing sick leave balance at one quarter (25%) ofthe employee's then applicable base rate of pay. C. Except as othcrwise provided, employees shall not be eligible fur any payment for sick leave balances upon tcnnination. D. Employccs who w'e on leaves of absence, without pay, shall not accrue sick leave hours Resolution NUmber~ during said leaves of absence. E. Sick leave balances may not be used to defer a disability retirement. ART[(:I.F. XIV. VACATION T[ME A. All lull-time employees covered by this resolution, who shall have at least one year's continuous service as a full-time employee immediately preceding, shall be granted a vacation with pay of approximately 80 hours per year up to a maximum of approximately 160 hours per year. - I B. All full-time employees, who shall have at least five years of continuous service, shall be cntitlcd to eight (8) additional hours of vacation per year of tull-time continuous service for each year of service in excess of five years up to a maximwn of approximately [60 hours per year. The vacation accrual schedule is as follows: Maximum Years Vacation Hourly ACl."1l1al Annual Maximum Service Hours Rate IPay Period Vacation Vacation Earncd Bi-Weekly Hour Accrual I SO 3.0769 80 [60 2 80 3.0769 80 160 3 80 3.0769 80 160 4 80 3.0769 80 160 5 SO 3.0769 80 160 6 88 3.3846 88 200 I 7 96 3.6923 96 200 8 104 4.0000 104 200 9 112 4.3076 112 200 10 120 4.6153 120 200 II 128 4.9230 128 240 12 136 5.2307 136 240 13 144 5.5384 144 240 [4 152 5.8461 152 240 15 160 6.1538 160 240 C. Employees of the City considcred as hourly, part-time and/or seasonal employces shall not be eligible for paid vacation. D: All full-time employees shall only be allowed to accrue a maximum 01'240 hours of vacation as set forth above. Once this maximun1 is reached, all further accruals will cease. Vucation accruals will recommence after the employcc has taken vacation and the employee's accrued hours drop below the maximum. The maximum can only, he cxcecded with tile approval oCthc City Manager in writing. E. Employees arc encouraged to use at least the amount of vacation hours earned each fiscal year. 'DIOse employees who have been credited with pro-existing leave hours are expected to use a portion ofthe excess as leave time, in addition to tile new vacation hours each year, until the maximum accrual is met. TIle City recognizes that a number of long-tenn employees have accrued substantially more lcave time than shorter-term employees, and thut it will likely take them significantly longer to achieve tllis goal. It is the intent of this section to balance tlle personal interests ofthe employee with thc financial concerns ofthc City; as such, significant progress toward reaching the maximum accrual amowlts may be decmed a success. I I I I Resolution Number~j1~;1 Vacation lcavc 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. F. Not more than once in each fiscal year, an employee who has completed at least one (I) year of continuous service shall, upon request, receive compensation for up to fifty (50) hours of accrued vacation time provided that the employee has taken an equal amount of vacation time off within that fiscal year. G. Employees covered by this resolution shall have ceased accruing general leave. Previously earned time shall be used/compensated for as follows: Upon separation of employment with the City, all leave hours will be paid to the employee at the cmployce's current base rate of pay. ARTIr.J ,E XV. T FA VES OF ARSENC-E Section I. Authorized r ,<'Jive of Ah~enre Without Pay A. Upon the Department Head's recommendation and approval of the City Manager, an employee may be granted a level of absence without pay in cases of an emergency or where such absence would not be contrary to the best interest of the City, for a period not to exceed one- hundred eighty (180) working days per Govemment Code. B. Upon written request of the employee, the City Council may grant a leave of absence, with or without pay, for a period not to exceed one (1) year. C. At the expiration of the approved leave, after noticc 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 employce to report promptly at such leave's expiration and receipt of notice to retum to duty, shall be cause for discharge. D. During any authorized leave of absence without pay, an employee shall not be c1igible to accumulatc or receive fringe benefits, except as specifically provided for in this Memorandum of Understanding, except that the City shall contribute to an employee's medical and dental health plan, disability insurance plan, life insurance plan for the first thirty (30) days of leave of absence. Section 2. Rere3vement r ,<'JiVe TIle City agrees to provide forty (40) hours bereavement lcave with pay for death in the immediate family. The b~vcment leave shall not be chargeable to or accwnulate as sick time. "Immediate family" is defined as spouse, the father, mother, son, daughter, brother, sister, grandparents, grandchild, step-mother, step-father, mother-in-law, father-in-law or dependent relatives living with tile employee. Section 3. Milital}' Leave of Ah~en('.e A. Military lcave shall be granted in accordance with the provisions of State law. All employees entitled to military lcave shall give the Department Head an opportunity within the limits of military regulations to dctenninc when such leave shall be taken. Whenever possible, the employee involved shall notifY the Department Head of such leave request ten (10) working days in advance oftllc beginning of the leave. B. In addition to provision of State law, the City shall continue to provi~e eligible Resolution Number~ employees on military leave, the current health benefits (medical, dental, disability and life insurance and retirement (if applicable) for the first three (3) months of military leave. During said period, the employee shaH be requircd to pay to the City lhe same ,co-payments as required of other employees. After the first three (3) months of military leave, the employee may continue said benefits at Ius cost. Section 4. Pn:gnancy Disability I.eave of Absel1C'" A. An employee who is disabled due to pregnancy shaH 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 pcriod of leave. I B. Disabilities arising out of pregnancy shall be treated the same as other temporary disabilities in terms of eligibility for, or entitlement to, leave with or without pay. Section S. Family I,l"Ave Upon a demonstration of need and subject to the following conditions, an employee may take leave or unpaid leave to care for his newborn infant, whether through parentage or adoption, or to care for a seriously ill or injured member of the employees "immediate family" as defined in Article XIV, Section 2. Bereavement Leave. I. 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 preceding the time when the leave is to begin. 3. Operational needs of the City shall be relevant in determinations regarding the granting I offamily leavc in accordance with the provisions of State and Federal Family Leave laws. 4. In the event of an extended family leave, the employce 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 Fmnily Leave laws. 6. A maximum of four hundred (400) working hours of family leave in any combination of sick leave and unpaid leave may be taken during any two (2) year period unless a greatcr amount is prescribed by state or federal law. Section 6. c.atastmphie I ,('Ave The purpose of the Catastrophic Leave Pool is to enable full time employees to receive mld donate vacation, administrative leave, and compensatory time off (CTO) leave credits on an hour for hour basis to assist employees who have no leave and who will suffer a financial hm-dship due to prolonged illness or injury to themselves or a member of their lllmlediate family. Sick Leave is excluded from this program. The following conditions shall apply to Catastrophic Leave: I I. 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 Financc Department. I I I Resoiution Numbe~~41,~ 3. Employees must be in regular full-time appointed positions to bc cligible for catastrophic leave. 4. Employccs receiving Long-Term Disability payments arc excluded from this program. 5. All donations are to be confidential, bctween the donating employee and the Finance Departmcnt. 6. Employces donating to the pool must have forty (40) hours of paid leave available aftcr making a donation. 7. Donating employees must sign an authorization, including specifYing the specific employee to be a recipient of the donation. 8. Donations will be subject to applicable tax laws. 9. The availability of Catastrophic Leave shall not delay or prevent the City from taking action to medically separate or disability retire WI 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. II. Catastrophic Leave due to the illncss or i~ury of the employee will require medical justification as cvidcnced by a Physician's Statement as to the employee's condition. ARTICLE XVI JII1)' Dllty Section I. Compensation for 11]1)' lJn(y 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 Hcad. Said employees shall receive lilll payment for the timc served on jury service, provided the employee remits any fees reccived for such jury service, cxcluding 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 thc sum of the employee's jury duty responsibilities is less than a full work day, the cmployee shall contact his supervisor as to the feasibility ofretuming to work that day. C. Any hours worked beyond the regularly scheduled work day shall be subject to the workweek and overtime provisions. An employee may request a change in regularly scheduled working hours to a Monday through Friday day shift for the duration of such jury duty. Such requests shall bc granted if practicable. ARTICJ.F. XVTI - PRORATIONARY PERIODS Section I. Appointmcnl Following Pmhation Period A. The original appointment and promotional appointment of employees shall be tcntative and subject to a probationary period of six (6) months of service. B. When unusual circumstances merit the extension of the probationary period, the Department Head shall request, in writing, approval of the City Manager. Said extension shall not exceed one hundred and eighty (180) days. The Personnel Office shall notifY the Department Head and the probationer concerned no-less-than two weeks prior to the tennination, of any probationary period. Resolution NUmber~~7 C. If the scrvice of a probationary employee has been satisfactory, the Department Head shall file witil tile Personnel Office a statement, in writing, fuat thc 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 fue City Manager. Seclion 2 OIUective ofPmhationa(}' Period The probationary period shall be regarded as a part of the testing process and shall be utilized for I closely observing the employee's work, for securing fue most effective adjustment of a new employee to his position, and for rejecting any probationary employee whose performance does not meet the required standards of work. Section J Emplnyee PcrfonnHnce Appraisal A. Each probationary employee shall have his performanee evaluated at the end of each three (3) monfus of service or at a more frequent interval when deemed necessary by the Department Head. Pennanent employees shall have fueir performance evaluated annually or at more frequent intervals when deemed neccssary by the Department Head. Such evaluation shall be reported in writing and in fuc form approved by fue Personnel Office. B. The written appraisal rcport of an employee's pcrfonnance evaluation shall be filed ' in tliplicate, tile original to be filed with fue Personnel OfIke and made a part of fuc employee's personncl records, one copy to be retained by fue department, and one copy to be given to the employee. Section 4. R<:jection of Pmhationa(}' Employee A. During fue probationary period an employee may be suspended, demoted, or I rejected anytime by fue Department Head, with approval of fue City Manager, wifuout cause and witilout right of appeal, except fue right of appeal of punitive action as may be provided by law. Notification of rejection, in writing, shall be served on the probationary employee and a copy filed with the Personnel Office. A termination interview may be conducted with each rejected probationer. B. An exccption will be applied where fue probationary employee's job tennination 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 fue community. Where tilere is such a deprivation of a "liberty interest", fue employee shall be given pre-disciplinary procedural due process as defined in fue City of Seal Beach Personnel Rules and Regulations and fuis Memorandum of Understanding. Prior to fue disciplinary action becoming fmal, the employee must be notified of his right to fue appeal procedure as outlined in fuesc Rules and Regulations. ARTIC.LE XVIIf LA YOFF PROC.EnI 1R ES The appointing authority may layoff employees or demote employees in lieu of layoff subject to Rule XII - TERMINATION PROCEDURES of fue City's Personnel Rules. I Notwithstanding Rule XU of fue City of Seal Beach Personnel Rules, fue City agrees to replace Section 2(c) of Rule XII wifu fue following: c. Whenever seniority is equal, fue seniority of fue employee shall be detennined first by examining continuous servicc wifuin tile affected classification and if not determinative, then by position on the employment list. I I I Resolution Number:#111 ARTICLE XIX. SAFETY COMMITTEE PROGRAM A City-wide Safety Committee Program will be implemented; an employce representing each department will participate and will meet on a quarterly basis. ARTTr.I.E XX _ DRUG & STIBSTANr.E ABUSE POUr.V FOR r.OMMFRr.TAT. DRTVER"S T Jr.FNSF. HOI.DERS Anti-Drug & Alcohol Policy Effcctive immediately, all employees of the City of Seal Beach who arc 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 alcuhol testing rules in accordance with Federal Regulations 49CFR, Parts 382, 391,392 and 395. This policy reflects thc City's compliance with the applicable Federal laws in corY unction with a commitment to provide a safe environment for its employees and the public alike. Only covered employee positiuns and covered employccs perfonlling safety sensitive functions arc expected to comply with tIns policy. By implementing this policy, the goal is to ensure a drug and alcohol- free transportation environment and to reduce accidents, injuries and fatalities. A RTIr.1 ,E XXI - ENTIR E MEMORANDJ 1M OF I INDERST ANDING Section I. MCI:ger ofNl:gntialions This Memorandum of Understanding represents the full and complete understanding of every kind or nature whatsoever betwccn the parties hereto and all preliminary negotiations and previous Memorandums of Understanding of whatsoever kind of nature are merged herein. Section 2 Notwithstanding the provision of Section 1., there exists within the City certain personnel rules and regulations and departmcnt rules and regulations. To the extent that this Memorandum of Understanding does not specifically contradict these personnel rules and regulations or department rules and regulations or City ordinances, they shall continue subject to being changed by the City in accordance with the exercise of City rights under this Memorandwll of Understanding and applicable state law. Section 1 Exccpt as provided herein, other toons and conditions of employment, oral or written, express or implied, that are prescntly enjoyed by employees represented by the Association shall remain in full forcc and effect during the entire tenn of this Memorandum of Understanding unlcss mutually agrced to the contrary by both parties hereto. ~lion 4. Separahility T f any provision uf the Memorandum of Understanding or the application of such provi~ion to any person ur circwnstance shall bc held invalid, the remainder of the Memorandum of Understanding or the application of such provision to persons or circwnstances other than those as to which it is held invalid, shall not be affected thereby. ARTIr.I.F XXTJ- TERM OF MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding shall remain in full force and effect from July I, 1999 until midnight, June 30, 2000. Resolution ~umber~~i1 ARTJr.I,P XXIII - PMPROENr.V WAIVER PROVISION In the cvent of circumstances beyond the control of the City, such as acts of God, fire, flood, civil disorder, national emergency, or similar circumstances, provisions of this Memorandum of Understanding or the Personncl Rules and Regulations of the City, which prevent the City's ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is over, the Association shall have the right to meet and confer with the City regarding the impact on employees of the suspension of these provisions in the Memorandum of Understan~ing and any Personnel Rules and Regulations. ARTJr.T.R XXIV - RATIFJr.ATION This Memorandum of Understanding is subjcct to approval and adoption by the City Council and ratification of the required numbcr of the duly authorized representativcs of the Association. Following such approval and adoption, the Memorandum of Understanding shall be implemented by the appropriate rcsolutions(s), ordinancc(s), or other written action of the City Council. IN WITNESS HEREOF, the parties have hereto caused this Memorandwn of Understanding to be executed this day of ,1999. CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVES KEITH TILL, CITY MANAGER SEAL BEACH EMPLOYEES ASSOCIATION REPRESENTATIVES: Larry Lykins, Employee Relations Coordinator, OCEA Dan Davis, Lead Maintenance Worker Alan Bramlett, Water Utility Operator Chct Corbin, Community Services Officer Dennis Root, Maintenance Worker II I I I Resolution Numbe~~;1 Attachment A I. Effcctive July 7, 1999, a 2% across tile board cost of living ulcl'ease will be given, I Salary , Range A B C D E Building Maintenance Worker 16A 1982 2081 2185 2294 2409 Account CICI"k 21A 2241 2353 2471 2595 2725 Pcrmit Technician 21A 2241 2353 2471 2595 2725 Policc H.ecords TecIlllician 21E 2288 2402 2522 2648 2780 Maintenance WOI'kel' I 21A 2241 2353 2471 2595 2725 Community Services Officer 23E 2404 2524 2650 2782 2921 Water Services Rep 24A 2414 2535 2662 2795 2935 Maintenance Worker 11 25A 2475 2599 2729 2865 3008 Motor Sweeper Open tor 27E 2652 2785 2924 3070 3224 Watel' Opcrator 28A 2665 2798 2938 3085 3239 Animal Contl'Ol Officel' 28E 2718 2854 2997 3147 3304 Mechanic 31A 2870 3013 3164 3322 3488 SI", Water Operatol. 34A 3090 3245 3407 3577 3756 Lead Mtn, Workcr 35A 3168 3326 3492 3667 3850 Electrician 35A 3168 3326 3492 3667 3850 I I Resolution Number~7~" , APPENDIX - PcrsOlUlcl Rules (Appeals I Grievances) CITY OF SEAL BEACH PERSONNEL RULES RULE XIV I 6PPEA I. "ROCEm JRES SECTION I - REQUEST FOR DISCIPLINARY HEARING: Employees shall have the right to appeal the imposition of disciplinary action. When an employec requests a discipliuary hearing, the requcst shall be in writing or signed by the employee or reprcsentativc, and presented to the personnel officer within tcn (10) days aftcr the el1'ccti:vc date of the imposition of the disciplinary action. Any such reque,st sball be addressed to the personnel officer and shall identify the subject matter of the appcal, the grounds for the appeal, and the relief desired by the employee. All disciplinary hearings shall be conducted in private unless the employee requests, in writing, a public hearing. If the employee fails to request a disciplinary hearing within the prescribed time, the employee shall have waived the right to a hearing and all rights to [urther appeal of tbe disciplinary action. SECTION 2 - SCHEm JI.1NG OF mSCIPl.lNARY HEARING: The persOlU1el officer shall schedule any disciplinmy hearing wiUIin a reasonable time after the filing of tbe employee's request after considering the availability of the Civil Service Board and tbe convenience oflhc employee and Ute witnesses. SECTION 3 - Civil Service Aoard: I The Civil Service Board shall bc the revicwing authOl;ty for disciplinary hearings. At tbe discrction of the Civil Service Board, a hearing officer may be appointed by the appointing authority to perfonn the duties ofthe Civil Scrvicc Board in disciplinary hearings. SECTION 4 - REPRESENTATION AT D1SCIPJ.JNARY HEARING: At the disciplinary hearing, the employee may appear personally and may be represented by counsel or other reprcsentative. The employee mId UIe city shall have the right to produce and conti'ont witnesses, and to present any relevant oral or documentary evidence. SECTION 5 - RIII~nRN OF PROOF ANn EVInEN..CE: The City shall have the burdcn of proof at the disciplinary hearing and shall be required to prove thc chargcs against the employee by a prepondermlce of the evidence. The disciplinary hcaring shull not be conducted according to the technical rules of evidence. SECTION 6 - CONOI ICT OF OISCIPI.1NARY HEARING: The conduct of the disciplinary hcm;ng shall bc under the control of the Civil Scrvicc Board with duc regard for the rights and privileges of the parties. During the examination ora witness, the Civil Service Board may exclude from the hearing, any and all other witnesses. The Civil Servicc Board shall have the power to issue subpoenas to compel the attendance of witnesses or the production of documents. I SECTION 7 - CIVIl. SERVICE nOAIW'S nECISION: Within a reasonable time after tbe disciplinary bearing, thc Civil Scrvicc Board shall issue a written decision containing fmdings of fact and conclusions ofIaw. The Civil Service Board Resolution Numbe~~~~ shall have the authority to affinn, revoke or reduce the disciplinary action imposed against the employee. The Civil Scrvicc Board's decision constitutes a final resolution of any disciplinary action and no further appeal shall be permitted within the city's administrative process. GRTRV,ANC.R PROc.FnlJRRS I SRC.TION 1- PURPOSR OF GRIFVANC.R PROC.RDllRR: Thc gricvance procedure shall be used to resolve employee complaints concerning terms and conditions of employment with the city. The grievance procedure shall not be used for: (a) The resolution of any complaint concerning any disciplinary action; or (b) The resolution of any complaint concerning any aspect of the performance evaluation process, except for complaints in regard to deferred advancement under Rule XI Section 4; (c) The resolution of any complaint relating to any concerted refusal to work. SEC.TION '1-INFORMAI. OISC.lJSSION OF GRTRVANC.F' I When an employee has a complaint, the employee shall first informally discuss the matter with the employee's immediate supervisor within fifteen (15) calendar days from the date of the incident or decision generating the gdcvancc. If, after a discussion with the immediate supervisor, the complaint has not been satisfactorily resolved, the employee shall have the right to discuss the complaint informally with the supervisor's immediate superior. If, after such a discussion, thc complaint has not been satisfactorily resolved, the employee shall have the right to file a formal grievance. SEC.T10N 1- FORMAl. GRIEVANC.R PROC.EOIJRR' The formal grievance procedure shall be used to resolve an employee's complaint not satisfactorily resolved by informal discussion. (a) An employee shall have the right to prcscnt a formal grievance, in writing, within five (5) working days after the informal discussion of the grievance with the immediate supervisor or the immediate supervisor's superior. All formal grievances shall state the reasons for the complaint and the employee's suggested solution. (b) The formal grievance shall be presented to the department director. The department director shall discuss the grievance with the employee and/or the employee's representative. Within ten (10) working days after receipt of the formal grievance, the department director shall render a written decision regarding its merits. If the department director's decision does not satisfactorily resolve the complaint, the employee may present the formal grievance to the personnel officer. The grievance shall be considered resolved and no further review of the subject matter of the grievance shall be permitted under this rule when the employee does not seek further review of the grievance within five (5) working days after the receipt of the decision of the department director. Failure of the department dircctor to render a written decision on the grievance within five (5) working days constitutes a decision denying the grievance. I (c) When the employee presents a fonnal grievance to the personnel officer, the personncl officer shall discuss the grievance with the employee and the employee's representative. Within fifteen (15) days after meeting with the Resolution Number~i'~j1 employee and the employee's representative, the personnel officer shall render a written dccision regarding its meIits. The decision of the personnel officer shall rcsolvc the grievance and no further rcview ofthe subject matter of the grievance shall be pennittcd within the city's administrative process. (d) The City shall not institute any reprisals against any employee or any representative resulting from the use of the grievancc procedure. l11e personnel officer may designate a department director or third party to serve as the final revicwer for employec grievances. (e) An employee submitting a grievance and the employee's representative may use a reasonable amount of time during working hours to prepare for and present the grievance. :'." " " I I I