HomeMy WebLinkAboutItem HOF SEA( 9�
AGENDA STAFF REPORT`
fFORN1'
DATE: October 23, 2017
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Patrick Gallegos, Assistant City Manager
SUBJECT: APPROVE THE MEMORANDUM OF
UNDERSTANDING WITH THE SEAL BEACH MARINE
SAFETY MANAGEMENT ASSOCIATION FOR THE
PERIOD OF JULY 1, 2017 THROUGH JUNE 30, 2019,
AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE SAME
SUMMARY OF REQUEST:
That the Council adopt Resolution No. 6772 approving the Memorandum of
Understanding with the Seal Beach Marine Safety Management Association
(SBMSMA) for the period of July 1, 2017 through June 30, 2019, and authorizing
the City Manager to execute the same.
BACKGROUND AND ANALYSIS:
In May of 2017, the City and the SBMSMA began discussion for a new
Memorandum of Understanding between the City and the SBMSMA. The City
has met and collectively bargained in good faith with the Seal Beach Marine
Safety Management Association (SBMSMA) as to wages, hours, and working
conditions. Based upon such collective bargaining, the City and the SBMSMA
have drafted a Memorandum of Understanding (MOU).
The terms and conditions of a tentative agreement were reached between the
City and the SBMSMA. The MOU attached to Resolution No. 6772, incorporates
the terms and conditions of the agreements. The SBMSMA has accepted the
terms, conditions and provisions set forth in its MOU, and its authorized
representatives have executed that MOU. The MOU has a retroactive term of
July 1, 2017 through June 30, 2019.
The majority of the terms within the agreement remain similar to the previous
Memorandum of Understanding. However, the employees within the bargaining
group will increase their contribution to PERS retirement to 9% (previously 7%)
through the term of the new agreement. This agreement is also a two year
Agenda Item H
agreement and entitles the bargaining unit a cost of living adjustment of 4% in
year one of the contract and 2% to 3% in year two (based on the Consumer Price
Index). Additionally, members •of the bargaining unit will receive a one-time
payment for obtaining designated certificates listed in the MOU and the City will
provide one annual dermatological (skin cancer) screening for each of the three
members of the bargaining unit.
A redline version of the MOU and is available for download on the City's website
at www.sealbeachca.aov (City Clerk's webpage) and hard copies are available at
the City Clerk's office.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
No legal analysis is required for this item.
FINANCIAL IMPACT:
t
Approval of this resolution will have a financial impact of less than $3,000 for the
remainder of FY 2017 — 2018 which will be covered through savings in the
Division. In subsequent years, funds will be appropriated through the budget
process.
RECOMMENDATION:
That the Council adopt Resolution No. 6772 approving the Memorandum of
Understanding with the Seal Beach Marine Safety Management Association
(SBMSMA) for the period of July 1, 2017 through June 30, 2019, and authorizing
the City Manager to execute the same.
SUBM
ITTED BY:
4 -
Patrick Gallegos
Assistant City Manager
Attachment(s):
A. Resolution No. 6772
B. Exhibit A — SBMSMA MOU
Page 2
NOTED AND APPROVED:
Attachment "A"
RESOLUTION NUMBER 6772
APPROVE THE MEMORANDUM OF UNDERSTANDING WITH THE
SEAL BEACH MARINE SAFETY MANAGEMENT ASSOCIATION
FOR THE PERIOD OF JULY 19 2017 THROUGH JUNE 30, 2019,
AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
SAME
THE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:
WHEREAS, the City of Seal Beach values the work of all its employees and
seeks to maintain fair and mutually beneficial terms and conditions of
employment for the good of the City and the employees, and
WHEREAS, representatives of the City and representatives of the bargaining
group named above have met, conferred, and negotiated in good faith regarding
wages, hours and working conditions. As a result of such good faith negotiation,
the City and the group have developed the Memorandum of Understanding
("MOU") attached hereto as Exhibit A, which is incorporated herein by this
reference.
NOW, THEREFORE, BE IT RESOLVED THAT:
SECTION 1. The MOU between the City of Seal Beach and the Seal Beach
Marine Safety Management Association dated July 1, 2016 through June 30,
2019 and attached hereto as Exhibit B is hereby approved.
SECTION 2. The City Manager is authorized to execute Exhibit A, inclusive, on
behalf of the City, and to take the actions necessary to implement.
SECTION 5. The City Clerk shall certify to the passage and adoption of this
resolution.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on October 23, 2017 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Sandra Massa-Lavitt, Mayor
ATTEST:
Robin L. Roberts, MMC, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Robin L. Roberts, City Clerk of the City of Seal Beach, do hereby certify that
the foregoing resolution is the original copy of Resolution Number 6772 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council at
a regular meeting held on October 23, 2017.
Robin L. Roberts, MMC, City Clerk
Attachment "B"
Adopted by Resolution No. 6772
EXHIBIT B
Seal Beach Marine Safety Management
Association (SBMSMA)
MEMORANDUM OF UNDERSTANDING
ADOPTED: October 23, 2017
EXPIRES: June 30, 2019
Resolution Number 6772
TABLE OF CONTENTS
SBMSMA
SECTION 1: RECOGNITION...................................................................................5
SECTION 2: CITY RIGHTS
Rights/Responsibilities................................................................................... 6
A. Health Insurance Coverage......................................................................8
B. Life Insurance...........................................................................................9
C. Income Continuation............................................................................ 9
D. Annual Dermatological Screening........................................................ 9
SECTION 4: RETIREMENT HEALTH INSURANCE............................................10
SECTION 5: SICK LEAVE....................................................................................11
SECTION 6: VACATION TIME..............................................................................11
SECTION 7: HOLIDAYS.......................................................................................14
SECTION 8: RETIREMENT...................................................................................16
SECTION 9: OVERTIME AND CALL OUT PAY...................................................16
SECTION 10: COMPENSATORY TIME OFF.......................................................17
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Resolution Number
SBMSMA
SECTION 11: PROVISIONAL APPOINTMENTS.................................................17
SECTION 12: SENIORITY BONUS......................................................................17
SECTION 13: AUTOMOBILES AND MILEAGE...................................................17
SECTION 14: ADMINISTRATIVE LEAVE............................................................17
SECTION 15: LIMITATIONS.................................................................................18
SECTION 16: DEFERRED COMPENSATION.....................................................18
SECTION 17: BILINGUAL COMPENSATION......................................................18
SECTION 18: CERTIFICATION PAY......................................................18
SECTION 19: WORK SCHEDULE........................................................................19
SECTION 20: TUITION REIMBURSEMENT.........................................................19
SECTION 21: COMPENSATION PLAN
A. Basic Compensation Plan.......................................................................19
B. Advancement within Salary Ranges.......................................................20
C. Salary Increases.....................................................................................20
D. Salary Decreases...................................................................................21
E. Adjustments of Salary Ranges...............................................................21
F. Salary and Benefits on Suspension........................................................21
G. Salary Adjustments During Term of MOU..............................................21
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Resolution Number 6772 SBMSMA
SECTION 22: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay............................................22
B. Bereavement Leave...............................................................................22
C. Military Leave of Absence......................................................................22
D. Pregnancy Disability Leave of Absence................................................23
E. Family Leave..........................................................................................23
F. Catastrophic Leave................................................................................24
SECTION 23: MISCELLANEOUS
Lay-off.......................................................................................................... 25
SECTION24: TERM..............................................................................................25
SECTION 25: APPEALS.......................................................................................25
SECTION 26: REOPENER....................................................................................25
SECTION 27: RATIFICATION...............................................................................25
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Resolution Number
SBMSMA
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SEAL BEACH
MARINE SAFETY MANAGEMENT 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 Marine
Safety Management Association (SBMSMA) an association of employees of the
City of Seal Beach, hereinafter referred to as "Association".
B. The City recognizes the Association as the representative of the
employees in the classification and assignments set forth in Section 21.G below
for the purpose of meeting its obligations under this MOU, the Meyers-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 3 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. City also agrees that such
representatives may utilize a total of not more than 3 hours per year without
suffering any loss in pay for such absence for the purpose of meeting with
employees who are members of the Association and/or other officers of the
Association.
D. City recognizes Association's right to appoint or elect representatives to
meet and confer with City's management representatives on salaries, wages, and
terms and conditions of employment. Association agrees to notify City in writing
as to the identity of the representatives and of subsequent appointments, if any.
Association and City agree that employees appointed or elected as Association
representatives shall be required to work full time.
E. 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.
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Resolution Number 6772 SBMSMA
F. 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.
G. This document supersedes all prior Memoranda of Understanding and
verbal agreements between the parties hereto.
SECTION 2: 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 decision(s).
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 insofar as such changes do not conflict
with this MOU.
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Resolution Number SBMSMA
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.
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 resolutions 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.
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Resolution Number 6772 SBMSMA
SECTION 3: 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, CalPERS 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 January 1, 2017, the monthly flex
dollar allowance shall be:
For Employee only
$ 832.82/month
For Employee and 1 dependent
$
1,286.97/month
For Employee and 2 or more dependents
$
1,664.29/month
4. A portion of the monthly flex dollar allowance is identified as the City's
contribution towards PEMHCA. Thus, for example, in calendar year 2017, an
employee only monthly flex dollar allowance is $832.82, of that $832.82; $128 has
been designated by the City as its required PEMHCA contribution to CalPERS.
The monthly flex dollar allowance may only be used in accordance with the terms of
the City's cafeteria plan.
5. Effective January 1, 2017, and every January 1st during the term of
this agreement, the City shall increase the contribution amounts above by the
average percentage of increase for basic plans published by CalPERS 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 the Human Resources.
8 of 26
Resolution Number SBMSMA
7. Full-time employees covered by this MOU who have completed 30
days of uninterrupted service shall be enrolled in the 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 cafeteria
plan.
9. City shall not contribute to the cafeteria plan for any employee during
any month the employee is on leave of absence without pay or who is absent from
regular duties without authorization, for a full calendar month. City shall contribute
to the cafeteria plan for eligible employees receiving temporary payments from
Workers Compensation Insurance.
B. Life Insurance
Employees covered by this agreement shall receive a $50,000 term life
insurance policy paid by the City. 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 1 st day of the next succeeding month.
C. Income Continuation
Employees covered by this Agreement shall receive a policy to provide for
income continuation of 66.67% of the employee's monthly salary, up to a
maximum of $5,000 per month, whichever is lesser, paid by the City. 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 1st
day of the next succeeding month. Said income continuation shall commence on
the 31st day of sickness or other bona fide absence or upon expiration of sick
leave, whichever occurs later, and continuing thereafter while the employee is
absent from work for a period of up to age 65.
D. Annual Dermatological Screening
The City will provide employees with one (1) annual dermatological (skin cancer)
screening at no cost to employees. Screening will be provided by Beach
Dermatology located at 500 Pacific Coast Highway, Suite 212 in Seal Beach and
must be scheduled by the employee. Any treatment deemed necessary
following the exam shall be scheduled by the employee through the employee's
provider of choice using the employee's insurance. All medical billing for the
screening services will be forwarded for payment to the City of Seal Beach by
Beach Dermatology.
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Resolution (Number 6772 SBMSMA
SECTION 4: RETIREMENT HEALTH INSURANCE
A. 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.
B. Employees in the Marine Safety Lieutenant classification who retire after
December 31, 2007, and on or before December 31, 2009, with 20 or more
combined years of employment with the City shall, upon retirement, be provided
with individual and eligible dependent medical insurance coverage. The City
shall contribute monthly to the cost of the selected coverage consistent with the
appropriate level as specified in Section 3 - A in these Terms and Conditions.
C. Employees in the Marine Safety Lieutenant classification, who were
hired before January 1, 2008 by the City, and who retire after December 31,
2009, with 20 or more combined years of employment with the City shall, upon
retirement, be provided with individual medical insurance coverage. 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
at the rate of (a) the average of the 2 lowest cost medical care plans offered by
CaIPERS, or (b) the CalPERS Kaiser HMO, whichever is greater. When the
retired employee becomes Medicare eligible, the City's contribution will be
capped at the rate of (a) the average of the 2 lowest cost Medicare supplement
plans offered by CalPERS, or (b) the CalPERS Kaiser HMO Medicare
supplement plan, whichever is greater.
D. Employees in the Marine Safety Officer classification 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 Kaiser HMO rate. 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
Kaiser HMO rate. A portion of the payment for retiree or retiree and dependents
medical insurance is identified as the City's contribution towards PEMHCA.
E. On or after January 15t 2008, 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.
F. In all cases, the City's contribution for eligible dependent coverage for
retirees shall terminate with the death of the retiree.
G. 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
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Resolution Number SBMSMA
entitled to receive in cash each month an amount equal to the City flex
contribution at time of retirement.
SECTION 5: SICK LEAVE
A. All full-time employees covered by this MOU shall accrue sick leave at the
rate of 1 day (8 hours) 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. All employees in the Marine Safety Lieutenant classification, upon
termination of employment with the City, all compensable leave hours will be paid
to the employee at the employee's base rate of pay. Sick leave balances which
have not been converted to leave time will be paid to the employee upon
termination at 25% of the employee's base rate of pay.
D. All employees in the Marine Safety Officer classification except as
otherwise provided, employees shall not be eligible for any payment for sick
leave balances upon termination.
E. Employees who are on authorized leaves of absence, without pay, shall
not accrue sick leave hours during said leaves of absence.
F. Sick leave balances may not be used to defer a disability retirement.
SECTION 6: VACATION TIME
A. Marine Safety Officers covered by this Agreement, 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.
B. All employees in the Marine Safety Lieutenant classification who shall
have at least three (3) years of continuous service shall be entitled to eight (8)
additional hours of vacation for each year of full-time continuous service in
excess of three (3) years. The vacation accrual schedule for mid -management
employees is as follows:
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Vacation
Maximum Hourly
Annual
Maximum
Years
Hours
Accrual Rate / Pay
Vacation
Vacation
Service
Earned
Period Bi -Weekly
Hours
Accrual
1
80
3.0769
80
160
2
80
3.0769
80
160
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Resolution Number 6772
SBMSMA
3
80
3.0769
80
160
4
88
3.3846
88
200
5
96
3.6923
96
200
6
104
4.0000
104
200
7
112
4.3044
112
200
8
120
4.6154
120
200
9
128
4.9231
128
240
10
136
5.2308
136
240
11
144
5.5385
144
240
12
152
5.8462
152
240
13
160
6.1538
160
240
C. All employees in the Marine Safety Officer classification who shall have
at least (5) Years of continuous service, shall be entitled to eight (8) additional
hours of vacation per year of full-time continuous service for each year of service
in excess of five (5) years up to a maximum of approximately 160 hours per year.
D. The vacation accrual schedule is as follows:
Years
Service
Vacation
Hours
Earned
Maximum Hourly
Accrual Rate / Pay
Period Bi -Weekly
Annual
Vacation
Hours
1
80
3.0769
80
2
80
3.0769
80
3
80
3.0769
80
4
80
3.0769
80
5
80
3.0769
80
6
88
3.3846
88
7
96
3.6923
96
8
104
4.0000
104
9
112
4.3076
112
10
120
4.6153
120
11
128
4.9230
128
12
136
5.2307
136
13
144
5.5384
144
14
152
5.8461
152
15
160
6.1538
160
E. All employees in the Marine Safety Officer classification shall only be
allowed to accrue a maximum of 240 hours of vacation. Once this maximum is
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Resolution Number SBMSMA
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.
F. Employees covered by this agreement considered as hourly, part-time
and/or seasonal employees shall not be eligible for paid vacations.
G. Employees covered by this agreement who are on leaves of absence,
without pay, shall not accrue vacation leave hours during said leaves of absence.
H. All employees in the Marine Safety Officer classification not more than
once in each fiscal year, who have completed at least 1 year of continuous
service shall, upon request, receive compensation for up to 50 hours of accrued
vacation time provided that the employee has taken an equal amount of time off
within that fiscal year.
I. Employees are encouraged to use at least the amount of vacation hours
earned each fiscal year. Those employees who have been credited with
preexisting 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.
J. 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. 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.
K. All employees in the Marine Safety Lieutenant classification not more
than once in each fiscal year, an employee who has completed at least one year
of continuous service shall, upon request, receive compensation for up to 80
hours of accrued vacation time provided that the employee has taken (50) hours
of vacation time off within that fiscal year. An employee shall also, upon request,
receive compensation for up to (120) hours of accrued vacation time provided
that the employee has taken (80) hours of accrued vacation time off within that
fiscal year.
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Resolution Number 6772 SBMSMA
K. Employees covered by this Agreement shall cease accruing general leave
time effective the first payroll period in December, 1997. Previously earned time
shall be used/ compensated for as follows: Upon separation of employment with
the City, all compensable hours will be paid to the employee at the employee's
then current base rate of pay.
SECTION 7: HOLIDAYS
A. The City agrees to grant all full-time Marine Safety Association
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 15
Martin Luther King Day
3rd Monday in January
Presidents' 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 11 th
Thanksgiving Day
Fourth Thursday in November
Calendar day following Thanksgiving Da
Christmas Eve
December 24 thi
Christmas Day
I December 25
*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 (Monday) shall be observed
as a holiday. When a holiday falls on a Saturday, the preceding day (Friday) 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: Employee A normally works a 4/10 schedule, and a
holiday falls on a Monday, Tuesday, Wednesday,
Thursday, or Friday, Employee A would receive (10)
hours of compensatory time off.
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Resolution Number SBMSMA
D. A Marine Safety Officer who is required to work on a holiday shall receive
pay computed at 11/2 times the employees' bas 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. Holiday Closures — The City Manager may designate up to five (5) specific
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 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.
B. If an employee is required to work on a City Manager designated closure
work day, the employee will receive pay computed at 11/2 times the employees'
basic hourly rate for the number of hours actually worked.
Example: Employee A normally works a 9/80 schedule, 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 pays 11/2 times the hourly rate, as applicable under
the MOU
5 hours leave time Compensatory time, vacation, floating holiday,
or combination thereof
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Resolution Number 6772
SECTION 8: RETIREMENT
SBMSMA
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
Section 20965 Credit of Unused Sick Leave
Section 21024 Military Service Credit
B. All employees incumbent in the Marine Safety Association shall
participate in the 3% @ 50 formula plan for Local Safety Members.
C. The Marine Safety Association "PERS Classic" employees shall pay 9% of
their CALIPERS required contribution of their compensation earnable.
D. 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 the PEPRA and other legislation.
SECTION 9: OVERTIME AND CALL OUT PAY
A. The following section pertains to the position of Marine Safety Officer:
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. 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 3 hours.
Call out time shall start when employee is called to service.
3. 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 pay period is to
be submitted and computed with the regular payroll.
4. Notwithstanding any provision of this Section, the employee shall be
entitled to select either compensated overtime or compensatory time off subject
to budget limitations, departmental rules and regulations, and Section 11 of this
MOU.
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Resolution Number SBMSMA
SECTION 10: COMPENSATORY TIME OFF (CTO)
The maximum (cap) of CTO is (120) hours. Compensatory Time earned in excess
of (120) hours will be paid as overtime during the pay period accrued.
SECTION 11: PROVISIONAL APPOINTMENTS AND ASSIGNMENTS
A. An employee, when authorized by the City Manager, may receive a
provisional appointment to a higher classification to fill a temporary vacancy. The
employee, when so appointed, must perform the duties and assume the
responsibilities of the higher classification for (80) consecutive working hours and
shall be paid according to the step in the assigned salary range of the new
position which is a minimum of 5% higher than the salary received before the
provisional appointment (not to exceed the top step).
B. When necessary and in the best interest of the City, the City Manager may
provisionally assign an employee to a higher level of duty and responsibility than
provided for in the employee's assigned classification which is not otherwise a
part of an adopted classification. In the case of such an assignment, the
employee must perform the higher level of duties for (80) consecutive working
hours; thereafter the employee shall receive additional compensation of 5% so
long as the assignment is authorized by the City Manager.
SECTION 12: SENIORITY BONUS
Employees who have achieved (10) years of uninterrupted employment with the
City shall receive a 5% increase in base salary effective on the 10th anniversary
of their employment.
SECTION 13: 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 mileage rate established by the Internal Revenue Service (IRS).
SECTION 14: ADMINISTRATIVE LEAVE
Effective the 1st payroll period in July 2017, and every July thereafter:
A. Marine Safety Lieutenant shall be entitled to (40) hours of administrative
leave during each fiscal year.
B. Marine Safety Officers shall be entitled to the equivalent of (2) work days
of administrative leave during each fiscal year.
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Resolution Number 6772 SBMSMA
C. Administrative leave hours may not be carried forward to succeeding
years nor may they be turned in for cash value.
SECTION 15: LIMITATIONS
A. No employee who is receiving Workers' Compensation payments and
benefits is eligible to receive overlapping benefits (except life insurance) stated in
this MOU.
B. City shall not make any monthly payments for premiums for any insurance
benefit listed in this MOU, or uniform allowance, supplemental pay of any type
and/or type of bonus on behalf of or to any employee who has been absent
without authorization during entire said month or for any employee who has
terminated for any reasons whatsoever or who is on leave of absence without
pay of who is suspended from duties without pay for the entire said month.
SECTION 16: DEFERRED COMPENSATION
For the classification of Marine Safety Lieutenant, the City shall contribute the
equivalent to 3.5% of base salary per payroll period into a deferred compensation
program for each employee this classification.
For the classification of Marine Safety Officer, the City shall contribute the
amount of $40 per payroll period into a deferred compensation program
SECTION 17: BILINGUAL COMPENSATION
A. 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.
B. The City Manager shall require the taking of competency tests to certify
the employee as eligible for bilingual compensation based on the employee's
proficiency in speaking the language determined to be required. Such
certification shall be a condition precedent to qualifying for bilingual pay.
SECTION 18: CERTIFICATION PAY
A. Employees who possess and maintain valid certification for
CPR/AED/First Aid Instructor, as well as a minimum certification of EMT, will
receive $500 annually each December 1 St.
B. Employees who possess a United States Coast Guard (USCG) Captains
License will receive $250 annually each December 1St
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Resolution Number
SECTION 19: WORK SCHEDULE
SBMSMA
A. At the discretion of the City Manager, work schedules may be altered as
needed to accommodate service demand levels of the residents of the City of
Seal Beach.
SECTION 20: TUITION REIMBURSEMENT
A. Higher Education Degree Programs — Marine Safety Association
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 at the tuition rate of the Cal State University system for up to 2 semesters
of full-time, undergraduate enrollment each calendar year.
B. 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:
2012/2013 State University Tuition $1,587.00 (0-6 units)
Required University Fees $ 494.00 (approx.)
Parking $ 123.00
Books $ 300.00 (approx.)
TOTAL $2,504.00
SECTION 21: COMPENSATION PLAN
A. Basic Compensation Plan
1. 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 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
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Resolution Number 6772 SBMSMA
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 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.
4. The third, fourth and fifth steps are merit adjustments to encourage
an employee to improve their 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.
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 a 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 - Employees assigned, in an acting capacity,
to a higher classification than the employees' present classification for a period of
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Resolution Number SBMSMA
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 first hour served in the higher classification and shall be
paid at a rate equal to the first step of the higher classification but in no event shall
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.
G. Salary Adjustments During Term of MOU
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 1St 2017. Employees shall
receive a 4% cost of living adjustment.
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.
Mid -Management
Grade Job Classifications
31 Marine Safety Lieutenant
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Resolution Number 6772
Technical
Grade I Job Classifications
23 1 Marine Safety Officer
SECTION 22: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay
SBMSMA
1. 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 180 working days.
2. Upon written request of the employee, the City Manager 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 or leave time. "Immediate family" is defined as spouse,
registered domestic partner, father, mother, son, daughter, brother, sister,
grandparent, grandchild, step -mother, step -father, step -child, mother-in-law,
father-in-law, 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
22 of 26
Resolution Number SBMSMA
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 6.
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 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.
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Resolution Number 6772 SBMSMA
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.
S. 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.
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.
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Resolution Number
SECTION 23: MISCELLANEOUS
SBMSMA
Layoff: The City is to give Association (45) days prior notice before the effective
date of any layoffs. During this (45) day period, the City will, upon request, meet
and confer on the impact of the layoffs.
SECTION 24: TERM
The Memorandum of Understanding shall remain in full force and effect from
July 1, 2017 until midnight June 30, 2019.
SECTION 25: APPEALS
A. Employees shall be allowed to appeal written reprimands to the Personnel
Officer. Such appeals shall be filed within (14) calendar days. The decision of
the Personnel Office shall be final.
B. Hearings held pursuant to Personnel Rule 10.02, Automatic Resignation
shall be interpreted to allow employees to present evidence showing the absence
was for good cause and that circumstance prevented them from contacting the
City.
SECTION 26: REOPENER
City and Association agrees to reconvene during the terms of this MOU to discuss
all fringe benefits, including but not limited to health plans, the implementation of
HSA or HRA programs for employee and retiree medical premiums.
SECTION 27: RATIFICATION
This Memorandum of Understanding 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
Memorandum of Understanding shall be implemented by the appropriate
resolution(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
Jill R. Ingram, City Manager
Date:
Date:
Patrick Gallegos, Assistant City Manager
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Resolution Number 6772
CITY OF SEAL BEACH MARINE SAFETY ASSOCIATION:
Chris Pierce President
Nick Bolin Vice President
Gregorio Daniel Teamsters
26 of 26
Date:
Date:
Date:
SBMSMA
Adopted by Resolution No. 67W? 6772
W=WkIU.
Seal Beach Marine Safety Management
Association (SBMSMA)
MEMORANDUM OF UNDERSTANDING
ADOPTED: 8eseFAbeF 12, 29430ctober 23, 2017
EXPIRES: June 30,204- 72019
Resolution Number 67726792 SBMSMA
TABLE OF CONTENTS
SECTION 1: RECOGNITION...................................................................................5
SECTION 2: CITY RIGHTS
Rights/Responsibilities
�3
SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY
INSURANCE
A. Health Insurance Coverage......................................................................8
B. Life insurance...........................................................................................9
C. Income Continuation............................................................................ 9
D Annual Dennatolocical Screeninc .... 9
SECTION 4: RETIREMENT HEALTH INSURANCE..........................................190
SECTION5: SICK LEAVE..................................................................................119
SECTION 6: VACATION TIME.....
SECTION 7: HOLIDAYS
11
14
SECTION 8: RETIREMENT.................................................................................106
SECTION 9: OVERTIME AND CALL OUT PAY ................................................... 16
SECTION 10: COMPENSATORY TIME OFF.....................................................178
2 of 26
Resolution Number 6792 SBMSMA
SECTION 11: PROVISIONAL APPOINTMENTS...............................................176
SECTION 12: SENIORITY BONUS...................................................................... 17
SECTION 13: AUTOMOBILES AND MILEAGE ................................................... 17
SECTION 14: ADMINISTRATIVE LEAVE............................................................ 17
SECTION 15: LIMITATIONS...............................................................................187 1
18
SECTION 17: BILINGUAL COMPENSATION...................................................... 18
SECTION 18:CERTIFICATION PAY
Fr�..� o... e..o..W.r
............................ ......... .....-18
SECTION 19: WORK SCHEDULE......................................................................199 1
SECTION 20: TUITION REIMBURSEMENT .......................................................199
SECTION 21: COMPENSATION PLAN
A. Basic Compensation Plan.......................................................................
19
B. Advancement within Salary Ranges.......................................................20
C. Salary Increases.....................................................................................20
D. Salary Decreases.................................................................................21g
E. Adjustments of Salary Ranges.............................................................210
F. Salary and Benefits on Suspension........................................................21
G. Salary Adjustments During Term of MOU..............................................21
3 of 26
Resolution Number 67726782 SBMSMA
SECTION 22: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay..........................................223
B. Bereavement Leave...............................................................................22
C. Military Leave of Absence......................................................................22
D. Pregnancy Disability Leave of Absence ..............................................232
E. Family Leave..........................................................................................23
F. Catastrophic Leave..............................................................................242
SECTION 23: MISCELLANEOUS
Lay-off........................................................................................................2_54
SECTION24: TERM............................................................................................254
I SECTION 25: APPEALS.....................................................................................254
SECTION 26: REOPENER....................................................................................25
SECTION 27: RATIFICATION...............................................................................25
4 of 26
Resolution Number 6702
SBMSMA
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SEAL BEACH
MARINE SAFETY MANAGEMENT ASSOCIATION
A. Pursuant to the provisions of Employee -Employer Relations Resolution
5242, as amended, the City of Seal Beech (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 Marine
Safety Management Association (SBMSMA) an association of employees of the
City of Seal Beach, hereinafter referred to as 'Association".
B. The City recognizes the Association as the representative of the
employees in the classification and assignments set forth in Section 21.G below
for the purpose of meeting its obligations under this MOU, the Meyers-Milias-
Brown Act, Government Code Section 3500 at 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 43_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. City also agrees that such
representatives may utilize a total of not more than 3 hours per year without
suffering any loss in pay for such absence for the purpose of meeting with
employees who are members of jtIg_Association and/or other officers of Jbi
Association.
D. 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, I any.
Association and City agree that employees appointed or elected as Association
representatives shall be required to work full time.
E. 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.
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Resolution Number 67726792 SBMSMA
F. 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.
G. This document supersedes all prior Memoranda of Understanding and
verbal agreements between the parties hereto.
Wash RgleR, D.G. _ Cannenr[aFlT and ryy0ntl<
SECTION 2: CITY RIGHTS
A. RiahtslResoonsibilities - 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 decision(s).
3. To determine the necessity and organization of any service or acfivity
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.
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Resolution Number 6782 SBMSMA
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 insofar as such changes do not conflict
with this MOU.
10. To layoff employees from duties because of lack of work a funds, or
under conditions where continued work would be ineffective or non-productive.
11. To establish and modify productivity and performance programs and
standards.
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 resolufions 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.
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Resolution Number 67726792 SBMSMA
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 3: 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 hisfher dependents, an amount not to exceed the California
Public Employees' Medical and Hospital Care Act (PEMHCA) minimum
contribution. For calendar year 29162017, CalPERS 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 January 1, 20462017, the monthly
flex dollar allowance shall be:
For Employee only
$806:68
832.82/month
For Employee and 1 dependent
$3246:68
1 28_697/month
For Employee and 2 or more dependents
$3;632:96
11 6.29/month
4. A portion of the monthly flex dollar allowance is identified as the City's
contribution towards PEMHCA. Thus, for example, in calendar year 29162017, an
employee only monthly flex dollar allowance is 832.82, of that
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 City's cafeteria plan.
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Resolution Number 6792
SBMSMA
5. Effective January 1, 2017, and every January 1a during the term of
this agreement, the City shall increase the contribution amounts above by the
average 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 the Human Resources.
7. Full-time employees covered by this MOU who have completed 30
days of uninterrupted service shall be enrolled in the 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 cafeteria
plan.
9. City shall not contribute to the cafeteria plan for any employee during
any month the employee is on leave of absence without pay or who is absent from
regular duties without authorization, for a full calendar month. City shall contribute
to the cafeteria plan for eligible employees receiving temporary payments from
Workers Compensation Insurance.
B. Life Insurance
Employees covered by this agreement shall receive a $50,000 term life
insurance policy paid by the City. 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 1st day of the next succeeding month.
C. Income Continuation
Employees covered by this Agreement shall receive a policy to provide for
income continuation of 66.67% of the employee's monthly salary, up to a
maximum of $5,000 per month, whichever is lesser, paid by the City. 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 1st
day of the next succeeding month. Said income continuation shall commence on
the 31st day of sickness or other bona fide absence or upon expiration of sick
leave, whichever occurs later, and continuing thereafter while the employee is
absent from work for a period of up to age 65.
D. Annual Dermatological Screening
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Resolution Number 67726792 SBMSMA
The City
will provide employees with one
(11 annual
dermatoloaical (skin cancer)
screenina
at no cost to employees.
Screening
will be provided by Beach
Dermatoloav
located at 500 Pacific Coast
Hiahway.
Suite 212 in Seal Beach antl
must be
scheduled by the employee.
Any treatment
deemed necessary
followina
the exam shall be scheduled by
the employee
through the employee's
provider
of choice using the employee's insurance.
All medical billing for the
screenino
services will be forwarded for
oavment to the City of Seal Beach by
Beach Dermatolo
ECTION 4: RETIREMENT HEALTH INSURANCE
A. 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.
B. Employees in the Marine Safety Lieutenant classification who retire after
December 31, 2007, and on or before December 31, 2009, with 20 or more
combined years of employment with the City shall, upon retirement, be provided
with individual and eligible dependent medical insurance coverage. The City
shall contribute monthly to the cost of the selected coverage consistent with the
appropriate level as specified in Section 3 - A in these Terms and Conditions.
C. Employees in the Marine Safety Lieutenant classification, who were
hired before January 1, 2008 by the City, and who retire after December 31,
2009, with 20 or more combined years of employment with the City shall, upon
retirement, be provided with individual medical insurance coverage. 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
at the rate of (a) the average of the 2 lowest cost medical care plans offered by
CalPERS, or (b) the Call Kaiser HMO, whichever is greater. When the
retired employee becomes Medicare eligible, the City's contribution will be
capped at the rate of (a) the average of the 2 lowest cost Medicare supplement
plans offered by CalPERS, or (b) the CalPERS Kaiser HMO Medicare
supplement plan, whichever is greater.
D. Employees in the Marine Safety Officer classification 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 Kaiser HMO rate. 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
Kaiser HMO rate. A portion of the payment for retiree or retiree and dependents
medical insurance is identified as the City's contribution towards PEMHCA.
10 of 26
Resolution Number 6792 SBMSMA
E. On or after January 1B1 2008, 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.
F. In all cases, the Citys contribution for eligible dependent coverage for
retirees shall terminate with the death of the retiree.
G. 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 refinement.
ECT.ION 5: SICK LEAVE
A. All full-time employees covered by this MOU shall accrue sick leave at the
rate of 1 day (8 hours) 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. All employees in the Marlin Safety Lieutenant classification, upon
termination of employment with the City, all compensable leave hours will be paid
to the employee at the employee's base rate of pay. Sick leave balances which
have not been converted to leave time will be paid to the employee upon
termination at 25% of the employee's base rate of pay.
D. All employees in the Marine Safety Officer classification except as
otherwise provided, employees shall not be eligible for any payment for sick
leave balances upon termination.
E. Employees who are on authorized leaves of absence, without pay, shall
not accrue sick leave hours during said leaves of absence.
F. Sick leave balances may not be used to defer a disability retirement.
SECTION 6: VACATION TIME
A. Marine Safety Officers covered by this Agreement, 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.
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Resolution Number 67726792 SBMSMA
B. All employees in the Marine Safety Lieutenant classification who shall
have at least three (3) years of continuous service shall be entitled to eight (8)
additional hours of vacation for each year of full-time continuous service in
excess of three (3) years. The vacation accrual schedule for mid -management
employees is as follows:
Years
service
Vacation
Hours
Permed
Maximum Hourly
Accrual Rate / Pay
Period B4WeeH
Annual
Vacation
Hours
Maximum
Vacation
Accrual
1
80
3.0769
80
180
2
80
3.0769
80
160
3
80
3.0769
80
160
4
88
3.3846
88
200
5
96
3.6923
96
200
6
104
4.0000
104
200
7
112
4.3044
112
200
8
120
4.6154 1
120
200
9
128
4.9231
128
240
10
136
5.2308
136
240
11
144
1 5.5385 1
144
240
12
152
1 5.8482
152
240
13
160
1 6.1538
160
240
C. All employees in the Marine Safety Officer classification who shall have
at least (5) Years of continuous service, shall be entitled to eight (8) additional
hours of vacation per year of full-time continuous service for each year of service
in excess of five (5) years up to a maximum of approximately 160 hours per year.
D. The vacation accrual schedule is as follows:
Years
Service
Vacation
Hours
Earned
Maximum Hourly
Accrual Rate/ Pay
Periocl Bi -Weekly
Annual
Vacation
Hours
1
80
3.0769
80
2
80
3.0769
Bo
3
80
3.0769
Bo
4
80
3.0769
80
5
80
3.0769
80
6
88
3.3846
88
7
96
3.6923
96
8
104
4.0000
104
9
112
4.3076
112
10
120
4.6153
120
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Resolution Number 6702
11
128
4.9230
128
12136
5.2307
136
13
144
5.5384
144
14
152
5.8461
152
15
160
6.1538
160
SBMSMA
E. All employees in the Marine Safety Officer classification shall only be
allowed to accrue a maximum of 240 hours of vacation. 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.
F. Employees covered by this agreement considered as hourly, part-time
and/or seasonal employees shall not be eligible for paid vacations.
G. Employees covered by this agreement who are on leaves of absence,
without pay, shall not accrue vacation leave hours during said leaves of absence.
H. All employees in the Marine Safety Officer classification not more than
once in each fiscal year, who have completed at least 1 year of confinuous
service shall, upon request, receive compensation for up to 50 hours of accrued
vacation time provided that the employee has taken an equal amount of time off
within that fiscal year.
I. Employees are encouraged to use at least the amount of vacation hours
earned each fiscal year. Those employees who have been credited with
preexisting leave hours are expected to use a portion of the excess as leave
time, in addition to the new vacation hours, each year unfit the maximum accrual
is met. The City recognizes that a number of long-term employees have accrued
substantially more leave time than shorter -tens 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 concems of
the City; as such, significant progress toward reaching the maximum accrual
amounts may be deemed a success.
J. Vacafion 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. 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.
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Resolution Number 67726782 SBMSMA
K. All employees in the Marine Safety Lieutenant classification not more
than once in each fiscal year, an employee who has completed at least one year
of continuous service shall, upon request, receive compensation for up to 80
hours of accrued vacation time provided that the employee has taken (50) hours
of vacation time off within that fiscal year. An employee shall also, upon request,
receive compensation for up to (120) hours of accrued vacation time provided
that the employee has taken (80) hours of accrued vacation time off within that
fiscal year.
K. Employees covered by this Agreement shall cease accruing general leave
time effective the first payroll period in December, 1997. Previously earned time
shall be used/ compensated for n follows: Upon separation of employment with
the City, all compensable hours will be paid to the employee at the employee's
then current base rate of pay.
SECTION 7: HOLIDAYS
A. The City agrees to grant all full-time Marine Safety Assoclation
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 1
Martin Luther King Day
3rd Monday in January
Presidents' 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 dafdlowin Thanksgiving Da
Christmas Eve
December 24
Christmas Da
December 25
*Floeting Holiday
discretion of employe
Total of 12 holidays annually
'Floating Holday must be laken during soon fiscal year (July 1st through June 30tli).
Floating hofidaYs must be aorno in advance by the Deparinent Head
B. When a holiday falls on a Sunday, the next day (Monday) shall be observed
as a holiday. When a holiday falls on a Saturday, the preceding day (Friday) shall
be observed as a holiday.
14 of 26
Resolution Number wo
SBMSMA
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: Employee A normally works a 4/10 schedule, and a
holiday falls on a Monday, Tuesday, Wednesday,
Thursday, or Friday, Employee A would receive (10)
hours of compensatory time off.
D. A Marine Safety Officer who is required to work on a holiday shall receive
pay computed at 11h times the employees' basis 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. Holiday Closures — The City Manager may designate up to five (5) specific
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 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.
B. If an employee is required to work on a City Manager designated closure
work day, the employee will receive pay computed at 1'fz times the employees'
basic hourly rate for the number of hours actually worked.
Example: Employee A normally works a 9/80 schedule, 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
15 of 26
Resolution Number 67726782 SBMSMA
4 hours work pays 1 bfr times the hourly rate, as applicable under
the MOU
5 hours leave time Compensatory time, vacation, floating holiday,
or combination thereof
SECTION 8: RETIREMENT
A. The refirement 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
Section 20965 Credit of Unused Sick Leave
Section 21024 Military Service Credit
B. All employees incumbent in the Marine Safety Association shall
participate in the 3% ® 50 formula plan for Local Safety Members.
C. The Marine Safety Association "PERS Classic" employees shall pay 7%
99 % of their CALIPERS required contribution of their compensation earnable.
D. 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 the PEPRA and other legislation.
SECTION 9: OVERTIME AND CALL OUT PAY
A. The following section pertains to the position of Marine Safety Officer:
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. 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 3 hours.
Call out time shall start when employee is called to service.
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Resolution Number 8792
SBMSMA
3. 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 pay period is to
be submitted and computed with the regular payroll.
4. Notwithstanding any provision of this Section, the employee shall be
entitled to select either compensated overtime or compensatory time off subject
to budget limitations, departmental rules and regulations, and Section 11 of this
MOU.
SECTION 10: COMPENSATORY TIME OFF (CTO)
The maximum (cap) of CTO is (120) hours. Compensatory Time earned in excess
of (120) hours will be paid as overtime during the pay period accrued.
A. An employee, when authorized by the City Manager, may receive a
provisional appointment to a higher classification to fill a temporary vacancy. The
employee, when so appointed, must perform the duties and assume the
responsibilities of the higher classification for (80) consecutive working hours and
shall be paid according to the step in the assigned salary range of the new
position which is a minimum of 5% higher than the salary received before the
provisional appointment (not to exceed the top step).
B. When necessary and in the best interest of the City, the City Manager may
provisionally assign an employee to a higher level of duly and responsibility than
provided for in the employee's assigned classification which is not otherwise a
part of an adopted classification. In the case of such an assignment, the
employee must Parton the higher level of duties for (80) consecutive working
hours; thereafter the employee shall receive additional compensation of 5% so
long as the assignment is authorized by the City Manager.
SECTION 12: SENIORITY BONUS
Employees who have achieved (10) years of uninterrupted employment with the
City shall receive a 5% increase in base salary effective on the 10th anniversary
of their employment.
SECTION 13: 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 mileage rate established by the Internal Revenue Service (IRS).
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Resolution Number 67726702 SBMSMA
SECTION 14: ADMINISTRATIVE LEAVE
Effective the 1$' payroll period in July 20162017, and every July thereafter
A. Marine Safety Lieutenant shall be entitled to (40) hours of administrative
leave during each fiscal year.
B. Marine Safety Off lcers shall be entitled to the equivalent of (2) work days
of administrative leave during each fiscal year.
C. Administrative leave hours may not be carded forward to succeeding
years nor may they be turned in for cash value.
SECTION 15: LIMITATIONS
A. No employee who is receiving Workers' Compensation payments and
benefits is eligible to receive overlapping benefits (except life insurance) stated in
this MOU.
B. City shall not make any monthly payments for premiums for any insurance
benefit listed in this MOU, or uniform allowance, supplemental pay of any type
and/or type of bonus on behalf of or to any employee who has been absent
without authorization during entire said month or for any employee who has
terminated for any reasons whatsoever or who is on leave of absence without
pay of who is suspended from duties without pay for the entire said month.
SECTION 16: DEFERRED COMPENSATION
For the classification of Marine Safety Lieutenant, the City shall contribute the
equivalent to 3.5% of base salary per payroll period into a deferred compensation
program for each employee this classification.
For the classification of Marine Safety Officer, the City shall contribute the
amount of $40 per payroll period into a deferred compensation program
SECTION 17: BILINGUAL COMPENSATION
A. 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.
B. The City Manager shall require the taking of competency tests to certify
the employee as eligible for bilingual compensation based on the employee's
proficiency in speaking the language determined to be required. Such
certification shall be a condition precedent to qualifying for bilingual pay.
18 of 26
Resolution Number 6782
SBMSMA
SECTION 18: ^ T CERTIFICATION PAY
A. Employees who possess and maintain valid certification for
CPR/AED/First Aid Instructor as well as a minimum certification of EMT will
lly each December receive $500 annuamber 1.°.
B. Employees who oossess a United States Coast Guard (USCG1 Captains
License will receive $250 annually each December 1.°�
SECTION 19: WORK SCHEDULE
A. At the discretion of the City Manager, work schedules may be altered as
needed to accommodate service demand levels of the residents of the City of
Seal Beach.
SECTION 20: TUITION REIMBURSEMENT
A. Higher Education Degree Programs — Marine Safety Association
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 at the tuition rate of the Cal State University system for up to 2 semesters
of full-time, undergraduate enrollment each calendar year.
B. 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
19 of 26
wrmanea: Supasalpt
farmaeaE: Supnevipt
Resolution Number 677267492 SBMSMA
better. The tuition reimbursement would be calculated
as follows:
2012/2013 State University Tuition $1,587.00 (0-6 units)
Required University Fees $ 494.00 (approx.)
Parking $ 123.00
Books $ 300.00 (approx.)
TOTAL $2,504.00
SECTION 21: COMPENSATION PLAN
A. Basic Comoensation Plan
1. 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 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.
3. 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.
4. The third, fourth and fifth steps are merit adjustments to encourage
an employee to improve their 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 Ranaas
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.
20 of 26
Resolution Number 6702 SBMSMA
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.
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 a special performance advancement in salary at any time when
unusual or outstanding achievement has been demonstrated.
C. Salary Increeaea
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 - Employees assigned in an acting capacity,
to a higher classification than the employees' present classification for a pedod of
not less than 80 consecutive working hours shall be emitted 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 first hour served in the higher classification and shall be
paid at a rate equal to the first step of the higher classification but in no event shall
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,
refirement plan, disability insurance or life insurance. Should such suspension be
21 of 26
Resolution Number 67726702 SBMSMA
later modified or revoked, the employee shall be entitled to receive payment for loss
of income and benefits during the period of suspension.
G. Salary Adjustments Durina Term of MOU
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 102016 2017. Employees shall
receive a2 4% cost of living adjustment.
First pay Period on or followino July 1. 2018 — CPI adjustment.
minimum 2% up to 3% maximum, as measured utilizing the chanoe
in the Los Angeles — Riverside — Oranae County All Urban
Consumers Index for the 12 months of April 2017—April 2018.
Mid -Management
Job Classifications
31 1 Marine Safety Lieutenant
Technical
Job Classifications
23 1 Marine Safety Officer
SECTION 22: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pa
1. 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 180 working days.
2. Upon written request of the employee, the City Manager 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.
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Resolution Number 6792 SBMSMA
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 or leave time. "Immediate family" is defined as spouse,
registered domestic partner, father, mother, son, daughter, brother, sister,
grandparent, grandchild, step -mother, step -father, step -child, mother-in-law,
father-in-law, 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 notity 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. Preanancv 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.
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Resolution Number 67726792 SBMSMA
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 6.
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 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.
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Resolution Number 6782 SBMSMA
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.
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 23: MISCELLANEOUS
Layoff: The City is to give Association (45) days prior notice before the effective
date of any layoffs. During this (45) day period, the City will, upon request, meet
and confer on the impact of the layoffs.
SECTION 24: TERM
The Memorandum of Understanding shall remain in full force and effect from
8eeembeFl2, 2Bi6 July 1. 2017 until midnight June 30, 201 2019.
SECTION 25: APPEALS
A. Employees shall be allowed to appeal written reprimands to the Personnel
Officer. Such appeals shall be filed within (14) calendar days. The decision of
the Personnel Office shall be final.
B. Hearings held pursuant to Personnel Rule 10.02, Automatic Resignation
shall be interpreted to allow employees to present evidence showing the absence
was for good cause and that circumstance prevented them from contacting the
City.
SECTION 26: REOPENER
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Resolution Number 67726792 SBMSMA
City and Association agrees to reconvene during the terms of this MOD to discuss
all fringe benefits, including but not limited to health plans, the implementation of
HSA or HRA programs for employee and retiree medical premiums.
SECTION 27: RATIFICATION
This Memorandum of Understanding 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
Memorandum of Understanding shall be implemented by the appropriate
resolution(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
Date:
Jill R. Ingram, City Manager
Date:
Patrick Gallegos, Assistant City Manager
CITY OF SEAL BEACH MARINE SAFETY ASSOCIATION:
Date:
Chris Pierce President
Date:
Nick Bolin Vice President
Date.
Gregorio Daniel Teamsters
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