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HomeMy WebLinkAboutCC Res 4269 1993-11-08 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 12 months, commencing April 1, 1993 and ending March 31, 1994. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Seal Beach to approve the Memorandum of U.nderstanding 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. NOES: Councilmember : bY the City cou~the ~eal Beach ~ day of JIJ~h , 1993 PASSED, APPROVED AND ADOPTE at a meeting thereof held on the by the following vote: AYES: Councilmembe , ~ I ABSENT: Council members l __ ~dA /;ZJr~' Mayor STATE OF CALIFORNIA I COUNTY OF ORANGE I SS CITY OF SEAL BEACH I I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do ~t certify that the foregoing resolution is the original copy of Resolution Number on file in the ffice of the City Clerk, passed. approved and adopted by the CiJ.YAo It,ouncil of i of Se I each at a regular meeting thereof held on the ~ day of ,1 3. "",,,,,....-w.,,,\\\\ ~of SEAL 8'1111 .= .. ........ l!l'... I, .# ~'...-..OtPO.4";..'~ '111 #I!' U J' ,"ia "0.. -s. '0. Il . · y; il*: ~~~.... ;.: . . Ii ~ 0 : : <~ z . .-_z ~"'.c O:2~ 9,_"V ..c} ".. ~~ -'1"~1 Q:..~~lf 27. \..~~..~o; "'" ............~- '111,tOUNT'f .'-,oF \\\\",,,,~,,,,"ll" I I I I ~ Resolution Number ~~ APPENDIX A THIS MEMORANDUM OF UNDERSTANDING IS BY AND BETWEEN THE MANAGEMENT REPRESENTATIVE OF THE CITY OF SEAL BEACH, hereinafter referred to as "Management" and THE SEAL BEACH CHAPTER OF THE ORANGE COUNTY EMPLOYEES ASSOCIATION, an association of employees of the City of Seal Beach, hereinafter referred to as "Association." , WHEREAS, Association petitioned City in accordance with provisions of Ordinance Number 769, and was granted certification as a recognized employee organization 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 Association and the Management representatives have mutually agreed to recommend to the City Council of the City of Seal Beach the terms, conditions, hours and wages pertaining to employment with the City for those employees represented by Association, as set forth in this Memorandum of Understanding. WHEREAs, Section 1. Effective Date This Memorandum of Understanding shall be effective by and between Management and Association upon execution by Management and the required number of the duly authorized recognized representatives of Association. .. TERM Section 2. Term of Memorandum of Understandinq This Memorandum of Understanding shall remain in full force and effect from April 1, 1993 until midnight, March 31, 1994. MANAGEMENT RIGHTS AND RESPONSIBILITIES .. . Section 3. Manaqement Riqhts and ResDonsibilities This City reserves, retains and is vested with solely and exclusively, all rights of Management which have not been expressly abridged by specific provisions of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of this Memorandum of Understanding. The sole and exclusive rights of Management, as they are not abridged by this Agreement or by law, shall include but not be limited to, the following rights: A. To manage the City generally and to determine the issues of policy. B. To determine the existence or nonexistence of facts which are the basis of the Management decision. C. To determine the necessity and organization of any service or activity conducted by the City and expand or diminiSh services. D. To determine the nature, manner, means and technology and extent of services to be provided to the public. E. To determine methods of financing. ~ Resolution Number L/~c:' 7 Page 2 F. To determine types of equipment or technology to be used. G. H. 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. I 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. I. To assign work to and schedule employees in accordance with requirements set forth in previous agreements, and to establish and change work schedules and assignments upon reasonable notice insofar as such changes do not conflict with previous Memorandums of Understanding. J. To layoff employees from duties because of lack of work or funds, or under conditions where continued work would be ineffective or non-productive. K. To establish and modify productivity and performance programs and standards. L. To discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees for cause. M. To determine minimum qualifications, skills abilities, knowledge, selection procedures and standards, job classifications and to reclassify employees in accordance with this Memorandum of Understanding and applicable resolution and codes of the City. I N. To hire, transfer, promote and demote employees for non- disciplinary reasons in accordance with the Memorandum of Understanding and applicable resolution and codes of the City. o. Section A. To determine pol icies, procedures and standards selection, training and promotion of employees accordance with this Memorandum of Understanding applicable resolution and codes of the City. P. To establish reasonable employee performance standards including but not limited to, quality and quantity standards and to require compliance therewith. for in and Q. To maintain order and efficiency in its facilities and operation. R. To establish and promulgate and/or modify rules and regulations to maintain order and safety and which are not in contravention with the Agreement. I 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. S. ADMINISTRATION 4. Administration City shall provide a bulletin board in each of the following locations: Corporation Yard, Administration I I I Resolution Number ~~7' Page 3 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. B. City recognizes Association's right to appoint or elect representatives to meet and confer with City's management representatives on salaries, wages, and terms and conditions of employment. Association agrees to notify City in writing as to the identify of the representatives and of subsequent appointments, if any. Association and City agree that employees appointed or elected as Association representatives shall be required to work full time. C. Management agrees that the recognized representatives of Association not exceed four (4) in number and shall be entitled to meet and confer with Management during said recognized representatives' normal working hours without suffering any loss in pay while absent from the duties for such purpose, providing that such time shall not exceed two hours in anyone week unless agreed to by Management. Management also agrees that such representatives may utilize not more than one hour per month or twelve hours per year without suffering any loss in pay for such absence for the purpose of meeting with employees who are members of Association and/or other offices of Association. It is recognized and agreed tnat 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. E. 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. D. F. 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. WAGES AND SALARIES Section A. 5. Waqes and Salaries The salary schedule for each position classification affected is hereby determined and established as indicated below to be paid in accordance with the salary range schedule adopted by City Council, included as Exhibit A, and shall become effective September 9, 1992 (beginning payroll date) : POSITION RANGE 276 268 256 254 254 254 245 245 241 237 237 Electrician . . . . . . . . Sr. Water Utility Operator Mechanic . . . . . Beach Leadperson Stre~ts Leadperson Parks Leadperson Clerk Dispatcher Carpenter . . . . Motor Sweeper Operator Water Utility Operator Animal Control Officer Resolution Number 4r;;l{,C! Page 4 Maintenance Worker II . Parking Control Officer Water Meter Reader Police Records Clerk Secretary . . . . . . Account Clerk . . . . Maintenance Worker I Janitor . . . Typist Clerk 226 211 211 205 205 205 200 180 167 I C. If the management representative is of the sole opinion that recruitment, retention or other reasons necessitate other upward salary adjustments, Management representative will meet and confer with Association on position classifications specified by the Management representative or Association. Management representative may make additional recommendations to the City Council. D. It is understood and may be classified employees. E. For any and all position classifications not listed in this section, said classifications not having personnel employed by City, salary adjustment, if any, may be recommended by Management without further consultation or approval of Association. agreed that agreed-upon employees as confidential or supervisory PAYROLL DEDUCTIONS Section 6. pavroll Deductions The City shall not be required to make payroll deductions for any I other items or reasons except as specified in this Memorandum of Understanding. Management shall determine in the interest of cost and efficiency as to whether said deductions shall be on a monthly basis or on each semi-monthly payroll. Management may r~quire notice from employee of any change or modification in any payroll deduction authorized in this section of this Memorandum of Understanding. Said notice may be required at least ten (10) days prior to the effective date of said requested modification or change. Management agrees that payroll deductions are authorized for purposes of any employee depositing funds or making payments directly to a federal credit union providing that any deduction shall not be less than five dollars ($5.00) on a monthly basis, or two dollars and fifty cents ($2.50) if semi-monthly deductions for such purpose as authorized by Management. City agrees to deduct regular monthly Association dues from salary or wages of any Association member when authorized to do so by said City employee in writing in a form satisfactory to City and to remit such deductions to Association within (15) days after making such deduction from an employee'S salary or wages, and within the terms of the signed deduction authorization of such City employee. The deduction of such Association dues and the remittal of same by City to Association shall constitute payment of said dues of such employee and member of Association. SCHEDULING I Section A. 7. Schedulinq Up to and including the contract year ending March 31, 1994, management agrees to not demand changes in the scheduling plan as it exists 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 March 31, 1994, management agrees not to demand changes in the scheduling plan as it exists in the dispatcher's division I Section A. I Section A. I : ~c26r Resolution Number Page 5 at the signing of this agreement, generally referred to as 3/12 work plan. C. At the discretion of the department head, secretary and account clerk, police records clerk, and animal 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. UNIFORM ALLOWANCE B. 8. Uniform Allowance Public Works Department Employees Each employee of the Department of Public Works, except clerical, engineering and related classifications as determined by the City Manager, shall be entitled to uniform service. The City shall pay the total cost of renting and laundering uniforms (designated by the Department Head) for each eligible employee. Police Department Employees (Non-Sworn Members) 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 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. City agrees to provide acceptable safety shoes at current market prices for authorized employees of the Public Works Department. LEAVE TIME 9 . Leave Time All full-time employees who have completed probationary status shall earn leave hours in accordance with Section 9. E. and be able to use leave hours for vacation purposes wi th the approval of their supervisor, in accordance with Section 9.B. B. Leave hours may be used for, but not limited to, the following purposes: vacation, sick leave, bereavement, personal leave. All leaves, other than sick leaves, must be approved in advance by the employee's department head. The department head may require employee I s to present proof of illness for sick leaves in excess of twenty- four (24) hours. C. D. Employees who are on authorized leaves of absence, without pay, shall not accrue leave hours during said leaves of absence. Resolution Number ~~~~ E. Page 6 The leave time accrual schedule Yrs of Compo Servo Leave Hours 1 208 2 208 3 208 4 208 5 208 6 216 7 224 8 232 9 240 10 248 11 256 12 264 13 272 14 280 15 288 shall be as follows: Earned Maximum Accrual 448 448 448 448 448 472 488 504 520 536 552 560 560 560 560 In no case shall the maximum accrual exceed 560 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 Section 20862.9. H. Upon termination of employment with the City, all leave hours will be paid to the employee at the employee's base rate of pay. I. Bereavement Leave - The City agrees to provide three working days 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, mother-in-law, father-in-law or dependent relatives living with the employee. INSURANCE PROGRAMS Section 10. Insurance Proqrams A. Administration The City reserves the right to select, change, administer or fund any fringe benefit programs involving insurance that now exists or may exist in the future during the term of this Memorandum of Understanding. B. Selection and Funding In the administration of fringe benefit programs involving insurance, the City shall have the right to select any insurance carrier or other method providing coverage to fund the benefits provided hereinafter during the term of this Memorandum of Understanding. C. Changes Provi~ed, however, that the City shall notify the Association prior to any change of insurance carrier or method of funding coverage for any fringe benefits provided hereinafter during the term of this Memorandum of Understanding. No changes in insurance carrier or methods of funding coverage shall resul t in the reduction I I I ~_. \ I I I D. Resolution Number ~f Page 7 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. Coverage - Health Insurance 1. The City shall provide for eligible employees a group hospital, medical and dental insurance plan. 2. 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 . . . . . . .. $211/month. For employee & 1 dependent . . . . . . $338/month. For employee & 2 or more dependents . $417/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. 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. Premium Only Plan (POP) - The City will provide a Premium Only Plan (POP) for health and dental benefits. 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. 4. The City shall not change medical/dental insu~ance plans during the term of this agreement without first meeting and conferring on the proposed change. 3. 5. Part-time, seasonal, provisional and/or hourly employees shall not be eligible for participation in this program. 6. No person who is eligible to receive Worker's Compensation benefits is eligible to receive benefits from the City'S group medical insurance. 7. 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. 8. Employees who change classification from full-time to part-time provisional, hourly or seasonal shall r not be eligible for this benefit. City shall not pay premiums for any employee on leave of absence without pay, who is absent from regular duties without authorization during the month and/or for any employee who has terminated from City employment for any reason. City shall pay premiums for employees receiving temporary payments from Worker's Compensation Insurance in accordance with Section 10.D.2. 9. 10. Employees covered by this agreement have the op~ion, upon retirement, to continue participation Resolution Number f:2ro.q Page 8 in the City's health insurance program at the retiree's expense. Employees who retire with 30 years of continuous service s~all have their health insurance premiums paid by the City. LIFE INSURANCE Section 11. Life Insurance I Management agrees to provide a group life insurance plan providing life insurance coverage of Twenty-Five Thousand Dollars ($25,000) for each full-time classified non-safety employee represented by the Association, a double indemnity accidental death benefit, and a dependent death benefit in the amount of One Thousand Dollars ($1,000) per dependent. 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. INCOME CONTINUATION Section 12. Income Continuation The City shall provide a group insurance plan for income continuation for eligible employees. Said insurance to provide an income continuation of Sixty-Six and Two-Thirds 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. HOLIDAYS I Section A. 13. Holidavs The City agrees to grant all employees a full shift pay for each holiday recognized by City. Every full-time employee of the City, except employees of the Police Department who are classified as safety members of the Public Employees' Retirement System, shall be granted the following holidays with pay: New Year's Day (January 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) Veteran's Day (November 11) Thanksgiving Day (Fourth Thursday in November) The Calendar Day following Thanksgiving Day Christmas Eve (December 24) Christmas Day (December 25) ONE (1) FLOATING HOLIDAY* A total of 12 holidays annually. *The floating holiday must be taken during the term of this I agreement. 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 observed as a holiday. Saturday, the preceding holiday. C. When a holiday falls on a full-time employees regularly scheduled day off, the employee shall receive either the Sunday, the next day shall be When a holiday falls on a day shall be observed as a I I I Resolution Number ~9 Page 9 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 one 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. OVERTIME AND CALL OUT PAY Section A. 14. Overtime and CallOut Pav 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. If the responsible supervisor determines that overtime is necessary on work started on an assigned shift, the assigned employee(s) may continue with that work as an extension of their assigned shift. B. C. Callout and overtime pay shall be paid at the rate of time and one-half the hourly rate. Minimum "callout" time (when returning to work) shall be two (2) hours. 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 month is to be submitted and computed with the regular payroll for the last payroll of the month. D. E. Notwithstanding any provision of this Section, employee shall be entitled to select either compensated 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 be at the employee's current rate. RETIREMENT SYSTEM Section 15. Retirement Svstem The retirement program provided by the City shall consist of a depooled PERS plan which includes the following provisions: A. Section 20024.2 One Year 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. EQUIPMENT CERTIFICATION PROGRAM Section A. 16. Eauinment Certification Proqram City agrees to establish a program for certification for operation of dangerous equipment to include a safety officer from among represented employees. Resolution Number t/~~9 Page 10 B. The City shall establish a Safety Conunittee to review and reconunend safety procedures. AUTOMOBILES AND MILEAGE Section 17. Automobiles and Mileaqe Officers and employees of the City, utilizing their privately-owned automohiles for City business on a non-regular basis, shall he entitled to reimbursement for costs incurred at the rate established by the Internal Revenue Service (IRS). I; MOVE-UP PAY Section 18. Move-Uo Pav 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 event shall move-up pay be less t~an five percent (5%) more of the employee's current rate. SHIFT DIFFERENTIAL Section 19. 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 I be paid at a rate of time and one-half for time worked during that period. SENIORITY BONUS Section 20. Seniority Bonus Employees who have achieved ten years of uninterrupted employment with the City shall receive a five percent (5%) increase in base salary effective on the tenth anniversary of their employment. STANDBY COMPENSATION B. 1. 21. StandQy 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. Utilities Division: Each employee of the Utilities Division (Water, Sewer) who is assigned by the Water Superintendent to standby duty will be compensated for one (1) hour of overtime pay each weekday of duty and five (5) hours of overtime on Saturday or Sunday or holidays. The assignment to standby duty will be rotated among all water division personnel and other department personnel possessing the proper water operators certification and has a familiarity with the water and sewer system. 2. No compensation will be provided personnel serving as "backup" to the regularly scheduled person assigned to standby duty. I Section A. 3. Employees on standby duty who are called out will be compensated in accordance with Section 15. I I I. Resolution Number ~~ Page 11 4. Employees assigned to standby duty are required to respond to utility related emergencies on a twenty-four (24) hour basis. However, in the event that a maintenance supervisor or other maintenance employee cannot be contacted during non-utility related emergency, the person assigned to standby duty will be expected to respond upon notification. 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 have in their possession a current roster listing each employee in the Utility Division with their telephone number. TRAFFIC SIGNAL TECHNICIAN PAY Section 22. Traffic Siqnal 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 International Municipal Signal Association will be entitled to receive Fifteen Dollars ($15.00) per payroll period. WATER TREATMENT/WATER DISTRIBUTION PAY Section 23. Water Treatment/Water Distribution pav Bach Public Works Employee in the classification of Senior Water Utility Operator or Water Utility Operator who has received a Grade III Water Treatment Operator Certificate from the California Department of Health Services or Grade III Water Distribution Operator Certificate from the American Water Works Association will be entitled to receive Fifteen Dollars ($15.00) per payroll period. DISPATCHER TRAINING PAY Section 24. Disoatcher Traininq Pay Dispatchers 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 dispatcher trainer. Such pay shall not exceed six months in duration. MAINTENANCE WORKER MERIT PROGRAM Section 25. Maintenance Worker Merit Proqram 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 employee must have reached "E" step in the classification of Maintenance Worker I. 2) The employee must have Maintenance worker I "E" twelve months. served in the capacity of step for a minimum period of 3) Employee must have been rated satisfactory on most recent performance evaluation. Resolution Number ~~ Page 12 Any vacancies in the Maintenance Worker I or II work force will be recruited at the ~intenance Worker I level. SECTION 26. Classification Studv Within the contract year ending March 31, 1993, management agrees to proceed with a complete job classification study/analysis and shall make every good faith effort to complete said study within I this contract year. SECTION 27. Lavoff 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. MERGER OF NEGOTIATIONS Section 28. Merqer of Neqotiations This Memorandum of Understanding represents the full and complete understanding of every kind of nature whatsoever between the parties hereto and all preliminary negotiations and previous I Memorandums of Understanding of whatsoever kind of nature are merged herein. SEPARABILITY Section 29. Senarabilitv If any provision of the Memorandum of Understanding or the application of such provision to any person or circumstance shall be held invalid, the remainder of the Memorandum of Understanding or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. IN WITNESS HEREOF, the parties have hereto caused this Memorandum of Understanding to be executed this 27th day of January, 1992. CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVES JERRY BANKSTON, CITY MANAGER SEAL BEACH EMPLOYEES ASSOCIATION REPRESENTATIVES: I George Bernard Dale Hawley SUBJECT TO RATIFICATION BY CITY COUNCIL I I I Resolution Number ~~ Page 13 ATTACHMENT A EMPLOYEE INFORMATION LISTING: The following personnel matters are defined and contained within the Personnel Rules available in the Personnel Department: Definition of Terms - Rule I Administrative Procedures - Rule II Classification Procedures - Rule III Recruitment Procedures - Rule IV Examination Procedures - Rule V Employment List Procedures - Rule VI Appointment Procedures - Rule VII Medical Evaluation Procedure - Rule VIII Performance Evaluation Procedures - Rule IX Probationary Procedures - Rule X Compensation Procedures - Rule XI Termination Procedures - Rule XII Disciplinary Procedures - Rule XIII Appeal Procedures - Rule XIV Grievance Procedures - Rule XV Outside Employment - Rule XVI Jury Duty - Rule XVI Employment of Relatives - Rule XVI Chapter 7 of the Seal Beach Municipal Code identifies and describes the Civil Service system of the City of Seal Beach. Chapter 16A of the Seal Beach Municipal Code identifies and describes the Personnel policies of the City of Seal Beach. Article IX of the Seal Beach Charter identifies and describes the Civil Service system of the City of Seal Beach.