HomeMy WebLinkAboutCC Res 4392 1995-06-26
RESOLUTION NUMBER ~~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH
AND THE ORANGE COUNTY EMPLOYEES' ASSOCIATION
AND REPEALING ON THE EFFECTIVE DATE SPECIFIED,
ALL RESOLUTIONS IN CONFLICT THEREWITH
WHEREAS, the Government Code of the State of California prescribes a procedure I
for resolving matters regarding wages, hours and other terms and
conditions of employment; and
WHEREAS, the City of Seal Beach has met and conferred in good faith with the
Orange County Employees' Association for the purposes of discussing
wages, benefits and other conditions of employment; and
WHEREAS, the City of Seal Beach and the Orange County Employees' Association
have reached an agreement regarding said wages, benefits and other
conditions of employment for a term of not less than 24 months,
commencing July 1, 1995 and ending June 30, 1997.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Seal Beach
to approve the Memorandum of Understanding between the City and the Orange
County Employees' Association, attached as an Exhibit to the Resolution, for the
above stated term, and authorizes the City Manager to execute said agreement on
behalf of the City. ~
PASSED, APPROVED AND ADOPTED~y~he City C uncil ,the City of Seal Beach
at a meeting thereof held on the ~ - day of , 1995
by the following vote:
AYES:
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NOES:
ABSENT:
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do !J$I..reby certify
tha~ ~oregoing resolution is the original copy of Resolution Numbe~~J on file
in r~.~",ce of the City Clerk, passed, approved and adopted by the City/5funcil of
th City Seal each at a regular meeting thereof held on the 02", - day of
,1995.
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Resolution Number ~~.
TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING - ORANGE COUNTY EMPLOYEES ASSOCIATION
PAGE NUMBER
ARTICLE 1.
Section
Section
Section
Section
Section
Section
Section
Section
Section
ARTICLE II~
Section
Section
Section
ARTICLE ZII.
Section
Section
ARTICLE IV,
Section
Section
ARTICLE V.
Section
Section
Section
A.
B.
Section 4.
Section 5.
Section 6.
Section 7.
Recognition
1. Employee Ordinance
2. Recognition
3. Number of Representatives
4. Bulletin Board
5. Election
6. Meetings
7. Conduct of Business
8. List of CUrrent Employees
9. Effective
1
1
1
1
1
1
1
1
2
DUES AND BENEFIT DEDUCTIONS
1. Payroll Deductions
2. Employee Association Dues
3. Indemnification
2
2
2
CITY RIGHTS
1. Rights/Responsibilities
2. Operation Changes
RON-DISCRIMINATION
1. Equal Employment
2 . Use of Gender
2
4
Opportunity
4
4
COMPENSATION PLAN
1. Basic Compensation Plan
2. Advancement within Salary Ranges
3. Salary Increases
Promotional Appointment
Temporary Appointment
Salary Decreases
Adjustments of Salary Ranges
Salary and Benefits on Suspension
Salary Adjustments During Term of MOU
4
5
5
5
5
5
5
5
6
ARTICLE VI. SPECIAL PAY PROVISIONS
Section 1. Automobiles/Mileage 6
Section 2. Dispatcher Training Pay 6
Section 3. Maintenance Worker Merit Program 6
Section 4. Seniority Bonus 7
Section 5. Standby Compensation 7
A. Animal Control 7
B. PW Employees 7
Section 6. Shift Differential 7
Section 7. Traffic Signal Technician Pay 8
Section 8. Training Program 8
Section 9. Uniforms & Equipment/Uniform Allowance 8
A. Uniforms 8
B. Uniform Allowance 8
C. Safety Shoes 9
D. Equipment Certification Program 9
Section 11.
ARTICLE VII.
Section
Section
Section
Water Treatment/Water Distribution Pay
9
RIRGE BEREI'IT ADMIRISTRATION
1. Administration
2. Selection and Funding
3 . Changes
9
9
9
ARTICLE VIII. HEALTH, DENTAL, LIFE r. DISABILITY IRStJRARCE
Section 1. Coverage - Health and Dental Insurance 9&10
Section 2. Retirement Health 10
Section 3. Life Insurance 10
Section 4. Disability Insurance Plan 11
Section 5. Premium Only Plan (POP) 11
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ARTICLE IX.
ARTICLE X.
RETIREMENT
HOURS 01' WOU:
ARTICLE XI. OVERTIME
Section 1. Overtime and Call-OUt Pay
ARTICLE XII. HOLIDAYS
ARTICLE XIII. LEAVE TIME
ARTICLE XIV.
Section
Section
Section
Section
Section
Section
ARTICLE XV.
ARTICLE XVI.
Section
Section
Section
Section
ARTICLE XVII.
LEAVES 01' ABSENCE
1. Authorized Leave of Absence
2. Bereavement Leave
3. Military Leave
4. Pregnancy Disability Leave
5. Family Leave
6. Catastrophic Leave
Without Pay
JmlY DUTY
PROBATIONARY PERIODS
1. Appointment Following Probation Period
2. Objective of Probationary Period
3. Employee Performance Appraisal
4. Rejection of Probationary Period
LAYOI'I' PROCEDtJRES
ARTICLE XVIII. ENTIRE IIEMORANDtlX 01' mmBRSTANDIRG
Section 1. Merger of Negotiations
Section 2. Contradictions
Section 3. Conditions
Section 4. Separability
ARTICLE XIX.
ARTICLE XX.
ARTICLE XXI.
EXHIBIT B.
APPENDICES.
TERM 01' IIEMORANDtlX 01' mmERSTANDING
EMERGENCY WAIVER PROVISION
JilATII'ICATION
SALARY RANGE, Part I r. II
11
11
12
12
13
14
14
14
15
15
15
16
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16
16
16
17
18
18
18
18
19
19
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19
19
20
Appeal Procedures - Personnel Rule XIV Appendix 1
Grievance Procedures - Personnel Rule XVAppendix 2
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EXHIBIT A
. MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SEAL BEACH
AND ORANGE COUNT EMPLOYEES ASSOCIATION
ARTICLE 1.
RECOGNITION
Section 1. Pursuant to the provisions of Employee-Employer Relations Ordinance
Number 769, as amended, the City of Seal Beach (hereinafter called the "City" and/or
"Employer" interchangeably) has recognized for the purpose of this Memorandum of
Understanding, the Seal Beach Chapter of the Orange County Employees Association,
an association of employees of the City of Seal Beach, hersinafter referred to as
" Association" representing all full-time non-safety employees of the City except those
employees determined to be professional, confidential, administrative, management
and certain specified supervisory employees; and
Ssction 2. The City recognizes the Association as the representative of the
employees in the classification and assignments set forth in Section 1 above for the
purpose of mesting its obligations under this Msmorandum of Understanding, ths
Meyer-Milias-Brown Act, Government Code Section 3500 et seq., when City Rules,
Regulations or laws affecting wages, hours and/or other terms and conditions of
employment are amended or changed.
Section 3. The City agrees that the recognized representatives of Association not
exceed four (4) in number and shall be entitled to meet and confer with City during
said recognized representatives' normal working hours without suffering any loss in
pay while absent from the duties for such purpose, providing that such time shall not
sxceed two hours in anyone week unless agreed to by City. City also agrees that
such representatives may utilize not more than one hour per month or twelve hours
per year without suffering any loss in pay for such absence for the purpose of meeting
with employees who are msmbers of Association and/or other offices of Association.
Section 4. City shall provide a bulletin board in sach of the following locations:
Corporation Yard, Administration Building. Such bulletin boards to be available for the
purpose of posting notices pertaining to Association business only. Association shall
not use any other bulletin board within City facilities.
Section 5. City recognizes Association's right to appoint or elect representatives to
meet and confer with City's management repressntatives on salaries, wages, and
terms and conditions of employment. Association agrees to notify City in writing as
to the idsntify of the representatives and of subsequent appointments, if any.
Association and City agree that employees appointed or elected as Association
representativss shall be required to work full time.
Section 6. It is recognized and agreed that no Association business and/or meetings
will be conducted and/or attended by employees of City during their respective hours
of duty and work unless specified herein.
Section 7. 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.
Section 8. During the term of this Memorandum of Understanding, the City shall
provide to OCEA, upon receipt of a written request, a listing of all current employees
in this unit not exceeding twice per year. Such listing shall include employee name
and job classification. OCEA agrees to pay necessary costs to provide such lists.
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Section 9. This Memorandum of Understanding shall be effective by and between
Management and Association upon execution by Managemsnt and the rsquired
number of the duly authorized recognized representatives of Association.
ARTICLE II. DUES AND BENEFIT DEDUCTIONS
Section 1. Pavroll Deductions
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The City shall not be required to make payroll deductions for any other items or
reasons except as specified in this Memorandum of Understanding. Managsment shall
determine in the interest of cost and efficiency as to whether said deductions shall be
on a monthly basis or on each ssmi-monthly payroll. Management may require notice
from employee of any change or modification in any payroll deduction authorized in
this section of this Memorandum of Understanding. Said notice may be required at
least ten (10) days prior to the effective date of said requested modification or
change. Management agrees that payroll deductions are authorized for purposes of
any employee depositing funds or making payments directly to a federal credit union
providing that any deduction shall not be less than five dollars ($5.00) on a monthly
basis, or two dollars and fifty cents ($2.50) if ssmi-monthly deductions for such
purpose as authorized by Management.
Section 2. Emolovee Association Dues
City agrees to deduct regular monthly Association dues from salary or wages of any
Association member when authorized to do so by said City employee in writing in a
form satisfactory to City and to remit such deductions to Association within (15) days
after making such deduction from an employee's salary or wagss, and within the
tsrms of the signed deduction authorization of such City employee. The deduction I
of such Association dues and the remittal of same by City to Association shall
constitute payment of said dues of such employee and member of Association.
Section 3. Indemnification
The Association agrees to hold the City harmless and indemnify the City against any
claims, causes of actions, or lawsuits arising out of the deductions or transmittal of
such funds to the Association, except the intentional failure of the City to transmit to
the Association monies deducted from the employees pursuant to this Article.
ARTICLE III. CITY RIGHTS
Section 1. Riahts/Rssoonsibilities
This City reserves, retains and is vested with solely and exclusively, all rights of
Management which have not been expressly abridged by specific provisions of this
Memorandum of Understanding or by law to manage the City, as such rights existed
prior to the execution of this Memorandum of Understanding. The sole and exclusivs
rights of Management, as they are not abridged by this Agrsement or by law, shall
include but not be limited to, the following rights:
A. To manage the City generally and to dstermine the issues of policy.
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B. To determine the existence or nonexistence of facts which are ths basis
of the Management decision.
C. To determine the necessity and organization of any service or activity
conducted by the City and expand or diminish services.
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D. To determine the nature, manner, means and technology and extent of
ssrvices to be provided to the public.
E. To determine methods of financing.
F. To determine types of equipment or technology to be used.
G.
To determine and/or change the facilities, methods, technology, means,
organizational structure and size and composition of the work force and
allocate and assign work by wl:1ich the City operations are to be
conducted.
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H. To determine and change the number of locations, relocations, and types
of operations, processss 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.
I. To assfgn work to and schedule employees in accordance with
requirements set forth in previous agreements, and to establish and
change work schedules and assignments upon reasonable notice insofar
as such changes do not conflict with previous Memorandums of
Understanding.
J. To layoff employees from duties because of lack of work or funds, or
under conditions whsre continued work would be ineffective or non-
productive.
K. To establish and modify productivity and pSrformance programs and
standards.
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L.
To discharge, suspend, demote, reprimand, withhold salary increases and
bensfits, or otherwise discipline employees for cause.
M. To determine minimum qualifications, skills abilities, knowledge,
selection procedures and standards, job classifications and to reclassify
smployees in accordance with this Memorandum of Understanding and
applicable resolution and codes of the City.
N. To hire, transfer, promote and dem9te employees for non-disciplinary
reasons in accordance with the Memorandum of Understanding and
applicable resolution and codes of the City.
O. To determine policies, procedures and standards for selection, training
and promotion of employees in accordance with this Memorandum of
Understanding and applicable resolution and codss of the City.
P. To establish reasonable employee performance standards including but
not limited to, quality and quantity standards and to require compliancs
therewith.
a. To maintain ordsr and efficiency in its facilities and operation.
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R.
To establish and promulgate and/or modify rules and regulations to
maintain order and safety and which are not in contravention with the
Agreement.
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S. To restrict the activity of an employee organization on municipal property
and on municipal time except as set forth in this Memorandum of
Understanding.
T. To take any and all necessary action to carry out the mission of the
Agency in emergencies.
Section 2. Where the City is required to make changes in its operations because of I
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 Memorandum of Understanding.
ARTICLE IV - NON-DISCRIMINATION
Section 1. The City and the Association agree that they shall not discriminats against
any employee because of race, color, sex, ags, national origin, physical handicap,
marital status, political or religious opinions or affiliations. The City and the
Association shall reopen any provision of this Memorandum of Understanding for the
purpose of complying with any final ordsr of the Federal or State agency or Court of
competent jurisdiction requiring a modification or change in any provision or provisions
of this Memorandum of Understanding in compliance with State or Federal anti-
discrimination laws.
Section 2. Whenever the masculins gender is used in this Memorandum of
Understanding, it shall be understood to include the feminine gender.
ARTICLE V . COMPENSATION PLAN
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Section 1. Basic ComDensation Plan
A. All employees covered by this Memorandum of Understanding shall be
included under the Basic Compensation Plan. Every classification under this Plan shall
be assigned a salary range adopted by the City Council. The salary schedule shall
consist of five (5) steps within each range.
B. The first step is a minimum rate and is normally the hiring rate for the
classification. An employee may be assigned, upon appointment, to other than the
normal entering salary step within the assigned range' upon the recommendation of
the Department Head and with the approval of the City Manager when it is decided
that such action is in the best interests of the City.
C. The second step, B step, is a merit adjustment which may be given at the
end of the probationary periOd subject to the recommendation of the Department Head
and with the approval of the City Manager.
D. The third, fourth and fifth steps are merit adjustments to encourage an I
employee to improve his work and to rscognize increased skill on the job. Employees
are normally eligible for these adjustments at any time after the completion of one (I)
year of service at the preceding step. Each adjustment shall be made subject to the
recommendation of the Department Head and with the approval of the City Manager.
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Section 2. Advancsment within Salarv Ranoes
A. In order to properly compensate an employee, advancement in salary shall
be based on merit.
B. Advancement in salary shall not bs automatic, but shall depend upon
increased service value of the employee to the City.
C. The Department Head and/or the employee's immediate supervisor shall be
responsible to evaluate employees fairly in an unbiased fashion for ths determination
of job performance. Advancement shall be made only upon recommendation of the
Department Head with the approval of the City Manager.
D. An employee must be reviewed at least once every twslve (12) months
from the effective date of his last psrformance step increase, special performance
advancement or promotion. Nothing contained herein shall restrict the Department
Head from denying the increase after evaluation, nor shall it prevent him from
recommsnding a special performance advancemsnt in salary at any time when unusual
or outstanding achievement has been demonstrated.
Section 3. Salarv Increases
A. Promotional Appointment - When an employee is promoted to .a position
with a higher salary range. the employes shall bs compsnsated at a stsp of the salary
range assigned to the new position that is closest to providing a 5% salary increase
over the base salary received immediately prior to promotion.
B. Temporary Appointment - City agrees that employees assigned, in an acting
capacity, to a higher classification than the employees' present classification for a
period of not less than 120 consecutive working hours shall be entitled to move-up
pay. In addition, employees who are assigned by the department director in writing
to regularly scheduled acting assignments of less than 120 hours shall also be entitled
to move-up pay. Move-up 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 svent shall movs-up pay be less than five percent (5%) more
of the employee's current rate.
Section 4. Salarv Decreases
In the case of a demotion of any employee in the department to a classification with
a lower maximum salary, such employee shall be assigned to the appropriate salary
step in the new classification as rscommendsd by the Department Head with the
approval of the City Manager. The employee shall retain his previous anniversary
date.
Section 5. Adiustments of Salarv Ranoes
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 relative step in the new salary range and their anniversary date
shall not be changed.
Section 6. Salarv and Benefits on SusDension
During suspsnsion 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
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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.
Section 7. Salarv Adiustments durina Term of Memorandum of
Understandina
A. The salary schedule for each position classification affected is hsreby
determined and established as indicated by attached Exhibit B to be paid in
accordance with the salary range schedule adopted by City Council, and shall become I
effective the date as specified in Exhibit B.
B. If the management representative is of the sole opinion that recruitment,
retention or other reasons necessitate other upward salary adjustments, Management
representative will meet and confsr with Association on position classifications
specified by the Management representative or Association. Managsment
representative may make additional recommendations to the City Council.
C. It is understood and agreed that agreed-upon employees may be classified
as confidential or supervisory employees.
D. For any and all position classifications not listed in this section, said
classifications not having personnel smployed by City. salary adjustment, if any, may
be rscommended by Management without further consultation or approval of
Association.
ARTICLE VI. SPECIAL PAY PROVISIONS
Ssction 1. Automobiles and Mileaae
Officers and employees of the City, utilizing their privately-owned automobiles for City I
business on a non-regular basis. shall be entitled to reimbursement for costs incurred
at the rate established by the Internal Revenue Service (IRS).
Section 2. DiSDatcher Trainina Pav
Dispatchsrs assigned by the Chief of Police to act as a trainer of newly hired
dispatchers shall be compensated an additional Sixty-five dollars ($65.00) per payroll
period or the pro-rata share thereof for time spent as a dispatchsr trainer. Such pay
shall not exceed six months in duration.
Section 3. Maintenance Worksr Merit Proaram
Under the provisions of this program, all Maintenance Worker I employees will become
eligible to "promote" to the classification of Maintenance Worker II providing the
following conditions have been met:
1) The employes must have reached "E" step in the classification of
Maintenance Worker I.
2)
The employee must have served in the capacity of Maintenance worker
I "E" step for a minimum period of twelve months.
3)
Employee must have been rated satisfactory on most recent performance
evaluation.
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Any vacancies in the Maintenance Worker I or II work force will be
recruited at the Maintenance Worker I level.
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Section 4. Senioritv Bonus
Employses who have achisved ten years of uninterrupted employment with the City
shall receive a five percent (5%1 increase in base
Section 5. Standbv ComDensation
A.
1. Standby Compensation - Animal Control
Animal Control officers on standby assignment shall be
compensated at a rate of eight hours straight time pay and eight hours
of compensatory time earned per month.
B. 1. Standby Compensation - Utilities Division:
Each employee of ths Utilities Division (Water, Sewer) who is
assigned by the Water Superintendent to standby duty will be
compensated for one (I) hour of overtime pay each weekday of duty and
five (5) hours of overtime on Saturday or Sunday Dr holidays. The
assignment to standby duty will be rotated among all water division
personnel and other department personnel possessing the proper water
operators certification and has a familiarity with the water and sewer
system.
2. No compensation will be provided personnsl ssrving as nbackupn
to the regularly scheduled person assigned to standby duty.
3. Employees on standby duty who are called out will be
compensatsd in accordance with Section 15.
4.
Employses assigned to standby duty are required to respond to
utility related smsrgencies on a twsnty-four (24) hour basis.
However, in the event that a maintenance supervisor or other
maintenance employee cannot be contacted during non-utility
related emergency, the person assigned to standby duty will be
expscted to respond upon notification.
5. Personnel assigned to standby duty are required to carry with
them or have nearby, a paging device (beeper) during all non-
regular working hours and also must confine their activities to the
extent that they remain within twenty (20) minutes driving time
of the City of Seal Beach at all times. In addition, standby
personnel will be required to havs in their possession a current
roster listing each employse in the Utility Division with their
telephone number.
Section 6. Shift Differential
City agrees that employees in the Public Works Department who are assigned duties
between the hours of 4:00 a.m. and 6:30 a.m. shall be paid at a rate of time and one- .
half for time worked during that period.
Salary effective on the tenth anniversary of their employment.
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Section 7. Traffic Signal Technician Pav
Each employee in the Public Works Department in the classification of Electrician who
has a Level 2 Traffic Signal Technician Certificate from the Intsrnational Municipal
Signal Association will be entitlsd to receive Fifteen Dollars ($15.00) per payroll
period.
Section 8. Trainina Proaram
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A. Required Training - An employee who is required by his or her
Department Head to attend a specified off-duty training course, shall,
upon submission of receipts, receive reimbursement for the following:
transportation cost where appropriate, cost of books, course registration
and related expenses directly necessary for the successful completion of
the course.
B. Desirable Training - Desirable training is defined as an off-duty
instruction that will be mutually and immediately bsnsficial to the
employee and the City. Prior to enrolling in a class for desirable training,
an employee wishing reimbursement for his or her expenses shall obtain
the approval of the City Manager as to course content and its
relationship to the employee's employment with the City as well as the
recommendation of the Department Head. This approval is at the sole
discretion of the City Manager.
In the event the City Manager approves such request and the employee
has receivsd a grade of "C" or bettsr or its squivalent grade paint upon
completion af the course, the employee shall submit a copy of the
official transcript and a receipt for the tuition fee to the Personnel Office.
Upon approval by the City Manager, the employee shall then be
reimbursed for the cost of tuition and books in accordance with the
tuition reimbursement policy adopted by the City.
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C. Training Confersnces and Seminars - Approval for employees attending
conferences and seminars is at the sole discretion of the Department
Head and the City Manager. Prior to enrolling in a seminar or
conference, an employee wishing reimbursement for his or her expenses
shall obtain the approval of the Department Hsad and the City Manager.
Once approvals are given, those employees will be reimbursed on a cost
basis after presenting receipts for allowable expsnses per administrative
training and per diem policy.
Section 9. Uniforms & EauiDment/Uniform Allowance
A. Public Works Department Employees
Each employee of the Department of Public Works, except clerical, engineering and
related classifications as determined by the City Manager, shall be entitled to uniform
service. The City shall pay the total cost of renting and laundering uniforms
(designated by the Departmsnt Head) for each eligible employee.
B. Police Departmsnt Employees (Non-Sworn Members) I
Each non-sworn employee of the Police Department, including the classifications of
Clerk Dispatcher, Animal Control Officer, Police Records Clerk and Parking Control
Officer assigned to wear a uniform as a condition of employment shall be entitled to
a sum of twenty dollars ($20.00) per payroll period. In addition, new employees of
non-sworn status in the Police Department shall receive initial uniforms as determined
by the Chief of Police. Each non-sworn employee of the Police Department, including
the classifications of Typist Clerk, and Secretary NOT required to wear a uniform as
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a condition of employment shall not receive a uniform allowance. Should conditions
of employment change and those classifications be required to wear a uniform, the
$20.00 per payroll period uniform allowance shall be reinstated.
C. Safety Shoes - City agrees to provide acceptable safety shoes at current
market prices for authorized employees of the Public Works Department.
D. Equipment Certification Program - City agrees to establish a program for
certification for operation of dangerous equipment to include a safety officer from
among represented employees.
1 . The City shall establish a Safety Committee to review and recommend
safety procsdures.
Section 10. Water TrsatmentlWater Distribution Pav
Water TreatmentIWater Distribution Pay - Each Public Works Employee in the
classification of Senior Water Utility Operator or Water Utility Operator who has
recsived a Grade III Water Treatmsnt Operator Certificate from the California
Department of Health Services or Grads III Water Distribution Operator Certificate
from the American Water Works Association will be entitled to receive Fifteen Dollars
($15.00) per payroll period.
ARTICLE VII. FRINGE BENEFIT ADMINISTRATION
Section 1. Administration
Ths City reserves the right to select, changs, administer or fund any frings benefit
programs involving insurancs that now exists or may exist in the futurs during the
term of this Memorandum of Understanding.
Section 2. Selection and Funding
In the administration of fringe benefit programs involving insurance, the City shall
have the right to select any insurance carrier or other method providing coverage to
fund the benefits provided hereinafter during the term of this Memorandum of
Understanding.
Ssction 3. Chanoss
Provided, however, that the City shall notify the Association prior to any change of
insurance carrier or method of funding coverage for any fringe bsnefits provided
hereinafter during the term of this Memorandum of Understanding. No changes in
insurance carrier or methods of funding coverage shall result in the reduction of any
benefits to any employee covered by this agreement, irrespective of the carrier or plan
in effect from time to time. Within the term of this agreement, the City may provide
alternative health plans.
ARTICLE VIII. HEALTH. DENTAL. LIFE & DISABILITY INSURANCE
Section 1.
A.
Coverage - Health Insurance
The City shall provide for eligibls employees a group hospital, medical
and dental insurancs plan.
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B. Effective the first payroll period of April, 1994, The City shall contribute
to the cost of each medical/dental plan for each eligible employee and
their dependents, up to the following amounts:
For single employees. . . . . . . . . . . . . . . . . .. $216/month.
For employee & I dependent .............. $355/month.
For employee & 2 or more dependents. . . . . .. $459/month.
Employees enrolled in the plan are required to pay any premium amounts
in excess of the above City contribution. Such amounts will be deducted
from the affected employee's payroll check on the first two pay periods
for each month.
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To be effective January, 1994 and included in the contributions listed
above, a maximum of $16 per month per employee is paid by the City
of Seal Beach to the Public Employees Retirement System Health
Program premium on behalf of the employee.
C. The City shall not change medical/dental insurance plans during the term
of this agreement without first meeting and conferring on the proposed
change.
D. Part-time, seasonal, provisional and/or hourly employees shall not be
eligible for participation in this program.
E. No psrson who is eligible to receive Worker's Compensation benefits is
eligible to receive benefits from the City's group medical insurance.
F.
Full-time employees of the City who have completed thirty (30) days of
uninterrupted service shall be enrolled in this insurance program on the
first day of the next succeeding month.
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G. Employees who change classification from full-time to part-time
provisional, hourly or seasonal shall not be eligible for this benefit.
H. City shall not pay premiums for any employes on leave of absence
without pay. who is absent from regular duties without authorization
during the month and/or for any employee who has tsrminated from City
employment for any reason. City shall pay premiums for employees
receiving temporary payments from Worker's Compensation Insurance
in accordance with Section 10.D.2.
Section 2. Retirement Health Insurance
Employees covered by this agreement have the option, upon retirement, to continue
participation in the City's health insurance program at the retiree's expense.
Employees who retire with 30 years of cumulative service shall have thsir health
insurance premiums paid by the City.
~esol~tion Number ~~
Section 4. Disabilitv Insurance Plan
The City shall provide a group insurance plan for income continuation for eligible
employess. Said insurance to provide an income continuation of Sixty-Six and Two-
Thirds Percent (66.67%) of the employee's monthly salary, up to a maximum of Five
Thousand Dollars ($5,000) per month, for a period of time not to exceed the length
of injury or illness, up to the age of 65. Said insurance shall become effective after
the employee has completed thirty (30) days of uninterrupted service with said
employee to be enrolled in the program on the first day of the next succeeding month.
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Section 5. Premium Only Plan (POP) - The City will provide a
Premium Only Plan (POP) for health and dental bensfits. The plan will allow for
premium payments for premium payments for medical and dental insurance coverage
to be made before taxes (non-taxable) through salary reduction.
ARTICLE IX. RETIREMENT
A. The retirement program provided by the City shall consist of a de pooled
PERS plan which includes the following provisions:
A. Section 20024.2 One Ysar final compensation.
B. Section 20862.9 Credit for unused sick leave.
C. Section 20930.3 Military Service Credit.
The City shall pay that portion of the affected employee's retirement
contribution that is equal to seven percent (7%) of the affected employees'
base salary.
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B.
Effective November 1, 1995 or upon PERS approval, the City shall
amend its PERS contract to include Section 21251.132 - 2% @ 55 for
local miscellaneous members.
ARTICLE X. HOURS OF WORK
A. Up to and including the contract year ending June 30,1997 management
agrees to not demand changes in the scheduling plan as it sxists in the
Public Works Department at the signing of this agreement, specifically
the four-day plan.
B. Up to and including the contract year ending June 30, 1997, the four
ten-hour day work schedule, referred to as the 4/10 plan, shall be in
effect for the dispatch division in the Police Department.
C.
At the discretion of the department hsad, secrstary and account clerk,
police records clerk, animal control officer and parking control officer
positions may be scheduled in shifts of four nine-hour days each week
and one additional eight-hour day on alternate weeks, referred to as the
9/80 plan, OR may be scheduled in shifts of four ten-hour days each
week, referred to as the 4/10 plan.
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D.
All General Unit Orange County Employees Association msmbers shall
be granted one-half 11/2) hour paid rei sase time to attend quarterly
Association meetings and two additional one-half 11/2) hours for meetings
to be called at the discretion of the Association. Such release time shall
be taken in conjunction with the employees regularly scheduled lunch
Resolution Number ~~
and shall be approved only after a minimum of ten (101 days notice has
been given to the City.
ARTICLE XI. OVERTIME
Section 1. Overtime and Call-Out Pav
A.
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 ths apparent need for such overtime as soon as practicable
prior to when the overtime is expected to begin.
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B. If the responsible supervisor determines that overtime is necessary on
work started on an assigned shift, the assigned employee(s) may
continue with that work as an extension of thsir assigned shift.
C. 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 two (2) hours.
D. Overtime will be computed by dividing the employee's regular monthly
salary by 173.3 to arrive at an hourly wage. Paid overtime for the payroll
period is to be submitted and computed with the regular payroll.
E. Notwithstanding any provision of this Section, employee shall be entitled
to select either compsnsated overtime or compensatory time off subject
to budget limitations and departmental rules and regulations.
F.
Non-sworn Police Department employees will be paid, with the first pay
period in December, for any comp time hours in excess of 160 at that
time. Compensation will bs at the employee's current rate.
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ARTICLE XII. HOLIDAYS
A. The City agrees to grant all employees a full shift pay for each holiday
recognized by City.
Every full-time employee of the City, except employees of the Police
Departmsnt who are classified as safety members of ths Public
Employees' Retirement System, shall be granted the following holidays
with pay:
New Year's Day (January 1)
Martin Luther King Jr. Birthday (3rd Monday in January)
Washington's Birthday (Third Monday in February)
Memorial Day (Last Monday in May)
Independence Day (July 4)
Labor Day (First Monday in September)
Vsteran's Day (November 11)
Thanksgiving Day (Fourth Thursday in November)
The Calendar Day following Thanksgiving Day
Christmas Eve (December 24)
Christmas Day (Decembsr 25)
ONE (I) FLOATING HOLIDAY.
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A total of 12 holidays annually.
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Resolu~i?n Number ~~
*The floating holiday must be taken during each fiscal year (July 1 st through June
30th). Floating holidays may not be carried forward beyond the term of this
agreement. Floating holidays must be approved by the department head.
B. When a holiday falls on a Sunday, the next day shall be observed as a
holiday. When a holiday falls on a Saturday, the preceding day shall be
observed as a holiday.
C.
When a holiday falls on a full-time employees regularly scheduled day
off, the employee shall receive either the previous or following day off
or compensatory time, in keeping with Section 14E of this MOU, subject
to discretion of Department Head.
D. An employee who is required to work on a holiday, shall receive pay
computed at ons and one-half (1-1/2) times the employees' basic hourly
rate for the number of hours actually worked. In addition, the employee
shall receive compensatory time for each holiday worked.
E. Holidays which fall during an employees' leave time shall not be charged
against the employees' leave time balance.
ARTICLE XIII. LEAVE TIME
A. All full-time employees who have completed probationary status shall
earn leave hours in accordance with Section E below and be able to use
leave hours for vacation purposes with the approval of their supervisor,
in accordance with the following Section B.
B.
Leave hours may be used for, but not limited to, the following purposes:
vacation, sick leave, bereavement, personalleavs. All leaves, other than
sick leaves, must be approved in advance by ths employee's department
head.
C. The dspartment head may require employee's to present proof of illness
for sick leaves in excess of twenty-four (24) hours.
D. Employees who are on authorized leaves of absence, without pay, shall
not accrue leave hours during said leaves of absence.
E. The leave time accrual schedule shall be as follows:
Yrs of Compo Servo
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Lsavs Hours Earned
208
208
208
208
208
216
224
232
240
248
256
264
272
280
288
Maximum Accrual
448
448
448
448
448
472
488
504
520
536
552
560
576
600
620
Resolution Number ~~
In no case shall the maximum accrual exceed 620 hours. In no case
shall the hours earned exceed 288 hours per year.
F. An employee may not accrue leave hours in excess of the maximum
accrual schedule unless authorized by the City Manager. Hours in
excess of the maximum accrual will be forfeited.
G.
Existing sick leave balances which have remained intact and not
converted to leave time, may be utilized by the employee for sick leave
purposes only except for PERS Ssction 20862.9.
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H. Upon termination of employment with ths City, all leave hours will be
paid to the employee at the employee's base rate of pay.
J. Not more than once in sach calendar year, an employee who has
completed at least one (I) year of continuous service shall, upon request,
receive compensation for up to fifty (50) hours of accrued Isave time
provided that the employee has taken an equal amount of vacation time
off within that calendar year.
ARTICLE XIV. LEAVES OF ABSENCE
Section 1. Authorized Leave of Absence Without Pav
A. Upon the Department Head's recommendation and approval of the City
Manager, an employee may be granted a level of absence without pay in cases of an
emergency or where such absencs would not be contrary to the best interest of the
City, for a period not to exceed ons-hundred eighty (1801 working days per
Government Code.
B. Upon written request of the employee, the City Council may grant a leave
of absence, with or without pay, for a period not to exceed ons (I) year.
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C. At ths expiration of the approved leave, after notice to return to duty, the
employee shall be reinstated to the position held at the time leave was granted.
Failure on the part of the employee to report promptly at such leave's expiration and
receipt of notice to return to duty, shall be cause for discharge.
D. During any authorized leave of absence without pay, an employee shall not
be eligible to accumulate or receive fringe benefits, sxcept as specifically provided for
in this Memorandum of Understanding, excspt that the City shall contributs to an
employse's medical and dental health plan, disability insurance plan, life insurance
plan for the first thirty (30) days of Isave of abssnce.
Section 2. Bereavement Leave
The City agrees to provide forty (40) hours bereavement leave with pay for death in
the immediate family. The bereavement leave shall not be chargeable to or
accumulate as sick time. "Immediate family" is defined as spouse, the father, mother,
son, daughter, brother, sister, grandparents, grandchild, step-mother, step-father, I
mother-in-law, father-in-law or dependent relatives living with the employee.
Section 3. Militarv Leave of Absence
A. Military Isave shall be granted in accordance with the provisions of State
law. All employees entitled to military leave shall give the Department Head an
opportunity within the limits of military regulations to determine when such leave shall
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Resolution Number ~~
be taken. Whenever possible, the employee involved shall notify the Department
Head of such leave request ten (10) working days in advance of the beginning of the
leave.
B. In addition to provision of State law, the City shall continue to provide
eligible employees on military leave, the current health benefits (medical, dental,
disability and life insurance and retiremsnt (if applicable) for the first three (3) months
of military leave. During said period, the employee shall be required to pay to the City
the same co-payments as required of other employees. After the first three (3)
months of military leave, the smployes may continus said bensfits at his cost.
Section 4. PreQnancv Disability Leave of Absence
A. 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.
B. Disabilities arising out of pregnancy shall be treated the same as other
temporary disabilities in terms of eligibility for, or entitlement to, leave with or without
pay.
Section 5. Familv 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
parentags or adoption, or to care for a seriously ill or injured membsr of the employees
"immediate family" as defined in Article XIV, Section 2. Bereavement Leave.
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 preceding the time when the leave is to begin.
3. Opsrational 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.
6. A maximum of four hundred (400) working hours of family leave in any
combination of sick leave and unpaid leave may be taken during any two (2) year
period unless a greater amount is prescribed by state or federal law.
Section 6. Catastroohic Lsave
All full-time employees may receive, catastrophic leave donations from other
employees (on an hour-to-hour credit/deduction voluntary basis) if the empooyee or
his immediate family has a catastrophic medical condition which will require the
employee to be on unpaid leave. Provided the employee has exhausted all accrued
leave and compensatory time, a written request for donations shall bs submittsd to
the City Manager. Employees who receive donations under this procedure and who
Resolution Number ~;?
exhausted all donated leave may request an additional donation period subject to the
aforesaid provisions.
ARTICLE XV. Jurv Dutv
Section 1. Comoensation 'for Jurv Dutv
A. Employees required to report for jury duty shall be granted leaves of I
absence for such purpose, upon presentation of jury notice to the Department Head.
Said employees shall receive full payment for the time served on jury service, provided
the employee remits any fees received for such jury service, excluding payment for
mileage, to the City's Finance Department. Compensation for mileage, subsistence
or smilar auxiliary allowance shall not be considered as a fee and shall be returned to
the employee by the Finance Department.
B. If the sum of the employee's jury duty responsibilities is less than a full
work day, the employee shall contact his supervisor as to the feasibility of returning
to work that day.
C. Any hours worked beyond the regularly scheduled work day shall be subject
to the workweek and overtime provisions. An employee may request a change in
regularly schedulsd working hours to a Monday through Friday day shift for the
duration of such jury duty. Such requests shall be granted if practicabls.
ARTICLE XVI- PROBATIONARY PERIODS
Section 1. Aooointment Followina Probation Period
A. The original appointment and promotional appointment of employees shall
be tentative and subject to a probationary period of six (6) months of service.
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B. When unusual circumstances merit the extension of the probationary
period, the Department Head shall request, in writing, approval of the City Managsr.
Said extension shall not exceed one hundred and eighty (180) days. The Personnel
Office shall notify the Department Head and the probationer concerned no-less-than
two weeks prior to the termination of any probationary period.
C. If the service of a probationary employee has been satisfactory, the
Department Head shall file with the Personnel Office a statement, in writing, that the
retention of the smployee is desired. No actions changing an employee's status from
probationary to regular full-time shall be made or become effective until approved by
the City Manager.
Section 2. Obiective of Probationarv Period
The probationary period shall be regarded as a part of the testing process and shall be
utilized for closely observing the employee's work, for securing the most effective
adjustment of a new employee to his position, and for rejecting any probationary I
employee whose performance does not meet the required standards of work.
Section 3. Emolovee Performance Aooraisal
A. Each probationary employee shall have his performance evaluated at the
end of each three (3) months of service or at a more frequent interval when deemed
necessary by the Department Head. Permanent employees shall have their
performance evaluated annually or at more frequent intervals when deemed necessary
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ResQlution Number ~
by the Department Head. Such evaluation shall be reported in writing and in the form
approved by the Personnel Office.
B. The written appraisal report of an employee's performance evaluation
shall be filed in triplicate, the original to be filed with the Personnel Office and made
a part of the employee's personnel records, one copy to be retained by the
department, and one copy to be given to the employee.
Section 4. Reiection of Probationarv Emolovee
A. During the probationary period an employee may be suspended, demoted,
or rejected anytime by the Department Head, with approval of the City Manager,
without cause and without right of appeal, except the right of appeal of punitive
action as may be provided by law. Notification of rejection, in writing, shall be served
on the probationary employee and a copy filed with the Personnel Office. A
tsrmination interview may be conducted with each rejected probationer.
B. An exception will be applied where the probationary employee's job
termination or dismissal is based on charges of misconduct which stigmatizes his
reputation or seriously impairs his opportunity to earn a living, or which might
seriously damage his standing and association in the community. Where there is such
a deprivation of a nliberty interestn, the employee shall be given pre-disciplinary
procedural due process as defined in the City of Seal Beach Personnel Rules and
Regulations and this Memorandum of Understanding. Prior to the disciplinary action
becoming final, the employee must be notified of his right to the appeal procedure as
outlined in these Rules and Regulations.
ARTICLE XVII. LAYOFF PROCEDURES
The appointing authority may layoff employees or demote employees in lieu of layoff
subject to Rule XII - TERMINATION PROCEDURES of the City's Personnel Rules.
Notwithstanding Rule XII of the City of Seal Beach Personnel Rules. the City agrees
to replace Section 2(c) of Rule XII with the following:
c. Whenever seniority is equal, the seniority of the employee shall be determined
first by examining continuous service within the affected classification and if
not determinative, then by position on the employment list.
ARTICLE XVIII. ENTIRE MEMORANDUM OF UNDERSTANDING-
Section 1. Meraer af Nsaotiations
This Memorandum of Understanding represents ths full and complete understanding
of every kind or naturs whatsoever between the parties hereto and all preliminary
negotiations and previous Memorandums of Understanding of whatsoever kind of
nature are mergsd hsrein.
Section 2. Notwithstanding the provision of Section 1., there exists within the City
certain personnel rules and regulations and department rules and regulations. To the
extent that this Memorandum of Understanding does not specifically contradict these
personnel rules and regulations or department rulss and regulations or City ordinances,
they shall continue subject to being changed by the City in accordance with the
sxsrcise of City rights under this Memorandum of Understanding and applicable state
law.
Resolution Number ~~.
18
Section 3. Except as provided herein, other terms and conditions of employment, oral
or written, express or implied, that are presently enjoyed by employees represented
by the Association shall remain in full force and effect during the entire term of this
Memorandum of Understanding unless mutually agreed to the contrary by both parties
hereto.
Section 4. SeDarabilitv
If any provision of the Memorandum of Understanding or the application of such I
provision to any person or circumstance shall be held invalid, the remainder of the
Memorandum of Understanding or the application of such provision to persons or
circumstances other than those as to which it is held invalid, shall not be affected
thsreby.
ARTICLE XIX- TERM OF MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding shall remain in full force and effect from July 1,
1995 until midnight, Juns 30, 1997.
ARTICLE XX . EMERGENCY WAIVER PROVISION
In the event of circumstances beyond the control of the City, such as acts of God,
fire, flood, civil disorder, national emergency, or similar circumstances, provisions of
this Memorandum of Understanding or the Personnel Rules and Regulations of the
City. which prevent the City's ability to respond to these emergencies, shall be
suspended for the duration of such emergency. After the emergency is over, the
Association shall have the right to meet and confer with the City regarding the impact
on employees of the suspension of these provisions in the Memorandum of
Undersztanding and any Personnel Rules and Regulations.
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ARTICLE XXI - RATIFICATION
This Memorandum of Understanding is subject to approval and adoption by the City
Council and ratification of the required number of the duly authorized representatives
of the Association. Following such approval and adoption, the Memorandum of
Understanding shall be implemented by the appropriate resolutions(s). ordinance(s),
or other written action of the City Council.
IN WITNESS HEREOF. the parties have hereto caused this Memorandum of
Understanding to be executed this 26th day of June, 1995.
CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVES
JERRY BANKSTON, CITY MANAGER
SEAL BEACH EMPLOYEES ASSOCIATION REPRESENTATIVES:
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Georgs Bernard
Dale Hawley
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Resolution Number 4M~
E X H I BIT B.1
PART I.
Base salary adjustments for eligible classifications effective beginning
payroll date of July 12, 1995):
POSITION
SALARY RANGE
Account Clerk
Animal Control Officer
Clerk Dispatcher
Custodian/Janitor
Electrician
Leadperson (Parks,Beach,Streets)
Maintenance Worker I
Maintenance Worker II
Mechanic
Motor Sweeper Operator
Parking Control Officer
Polics Records Clerk
Secretary
Sr. Water Utility Opsrator
Typist Clerk
Water Meter Reader
Water Utility Operator
220
252
258
195
290
267
215
240
270
254
225
220
220
280
189
223
250
E X H I BIT B.2
PART I.
Base salary adjustments for eligible classifications effectivs beginning
payroll date of July 10, 1996):
POSITION
SALARY RANGE
Account Clerk
Animal Control Officer
Clerk Dispatcher
Custodian/Janitor
Electrician
Leadperson (Parks,Beach,Streets)
Maintenance Worker I
Maintenance Worker II
Mechanic
Motor Sweeper Operator
Parking Control Officer
Police Records Clsrk
Secretary
Sr. Water Utility Operator
Typist Clerk
Water Meter Reader
Water Utility Operator
226
258
262
201
295
271
221
245
275
259
231
226
226
284
197
227
255
Resolution Number L;IJ'f;l
APPENDIX - Personnel Rules (Appeals I Grievances)
CITY OF SEAL BEACH PERSONNEL RULES
RULE XIV
APPEAL PROCEDURES
SECTION I - REQUEST FOR DISCIPLINARY HEARING:
Employees shall have the right to appeal the imposition of disciplinary action. When I
an employee requests a disciplinary hearing, the request shall be in writing or
signed by the employee or representative, and presented to the personnel officer
within ten (10) days after the effective date of the imposition of the disciplinary
action. Any such request shall be addressed to the personnel officer and shall
identify the subject matter of the appsal, the grounds for the appeal, and the relief
desired by the employee. All disciplinary hearings shall be conducted in private
unlsss the employee requests, in writing, a public hearing. If the smployee fails to
request a disciplinary hsaring within the prescribed time, the employee shall have
waived the right to a hearing and all rights to further appeal of the disciplinary
action.
SECTION 2 - SCHEDULING OF DISCIPLINARY HEARING:
The personnel officer shall schedule any disciplinary hearing within a reasonable
time after the filing of the employee's request after considering the availability of
the Civil Service Board and ths convenience of the smployee and the witnessss.
SECTION 3 - Civil Service Board:
The Civil Service Board shall be the reviewing authority for disciplinary hearings. I
At the discretion of the Civil Service Board, a hearing officer may be appointed by
the appointing authority to perform the duties of the Civil Service Board in
disciplinary hearings.
SECTION 4 - REPRESENTATION AT DISCIPLINARY HEARING:
At the disciplinary hearing, the employee may appear personally and may be
represented by counselor other representative. The employee and the city shall
have the right to produce and confront witnesses, and to present any relevant oral
or documentary evidence.
SECTION 5 - BURDEN OF PROOF AND EVIDENCE:
The City shall have the burden of proof at the disciplinary hearing and shall be
required to prove the charges against the employee by a preponderance of the
evidence. The disciplinary hearing shall not be conducted according to the
technical rules of svidence.
SECTION 6 - CONDUCT OF DISCIPLINARY HEARING:
The conduct of the disciplinary hearing shall be under the control of the Civil
Service Board with due regard for the rights and privileges of the parties. During I
the examination of a witness, the Civil Service Board may excluds from the
hearing, any and all other witnesses. The Civil Service Board shall have the power
to issue subpoenas to compel the attendance of witnssses or the production of
documents.
. Resolution Number ~~~
SECTION 7 - CIVIL SERVICE BOARD'S DECISION:
Within a reasonable time after the disciplinary hearing, the Civil Service Board shall
issue a written decision containing findings of fact and conclusions of law. The
Civil Service Board shall have the authority to affirm, revoke or reduce the
disciplinary action imposed against the employee. The Civil Service Board's
decision constitutes a final resolution of any disciplinary action and no further
appeal shall be permitted within the city's administrative process.
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RULE xv
GRIEVANCE PROCEDURES
SECTION I - PURPOSE OF GRIEVANCE PROCEDURE:
The grievance procedure shall be used to resolve employee complaints concsrning
terms and conditions of employment with ths city. The grievance procedure shall
not be used for:
(a) The resolution of any complaint concerning any
disciplinary action; or
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(b)
The resolution of any complaint concerning any aspect of the
performance evaluation process, except for complaints in regard to
deferred advancsmsnt under Rule XI Section 4;
(c) The resolution of any complaint relating to any concerted refusal to
work.
SECTION 2 - INFORMAL DISCUSSION OF GRIEVANCE:
When an employes has a complaint, the employee shall first informally discuss the
matter with the employee's immediate supervisor within fifteen (15) calsndar days
from ths date of the incident or decision generating the grievance. If, after a
discussion with the immediate supervisor, the complaint has not been satisfactorily
rssolved, the smployse shall have the right to discuss the complaint informally with
the supervisor's immediate superior. If, after such a discussion, the complaint has
not been satisfactorily resolved, the employee shall have the right to file a formal
grievance.
SECTION 3 - FORMAL GRIEVANCE PROCEDURE:
The formal grievance procedure shall be used to resolve an employee's complaint
not satisfactorily resolved by informal discussion.
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(a ) An employee shall havs the right to present a formal grievance, in
writing, within five (5) working days after the informal discussion of
the grievance with the immediate supervisor or the immediate
supsrvisor's superior. All formal grievances shall state the reasons for
the complaint and the employee's suggestsd solution.
(b) The formal grievance shall be presented to the department director.
The department director shall discuss the grievance with the employee
and/or the employee's representative. Within ten (10) working days
after receipt of the formal grievance, the department director shall
_ render a written decision regarding its merits. If ths department
Resolution Number ~~1
director's decision does not satisfactorily resolve the complaint, the
employee may present the formal grievance to the personnel officer.
The grievance shall be considered resolved and no further review of
the subject matter of the grievance shall be permitted under this rule
when the employee does not seek further review of the grievance
within five (51 working days after the receipt of the decision of the
department director. Failure of the department director to render a
written decision on the grievance within five (5) working days
constitutes a decision denying the grievance.
(c)
When the employee presents a formal grievance to the personnsl
officer. the personnel officsr shall discuss the grievance with the
employee and the employee's representative. Within fifteen (15) days
after meeting with the employee and the employee's representative,
the personnel officer shall render a written decision regarding its
merits. The dscision of the personnel officer shall resolve the
grievance and no further review of the subject matter of the grievance
shall bs permitted within the city's administrative process.
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(d) The City shall not institute any reprisals against any employee or any
representative resulting from the use of the grievance procedure. The
personnel officer may designate a department director or third party to
serve as the final reviewsr for employee grievances.
(e) An employee submitting a grievance and the employee's
representative may use a reasonable amount of time during working
hours to prepare for and present the grievance.
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