HomeMy WebLinkAboutCC Res 3523 1985-09-23
RESOLUTION NUr4BER~~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH. CALIFORNIA. A CHARTER CITY. ESTABLISHING
SALARY RATES. A SALARY AND WAGE SCHEDULE. AUTHORIZING
THE IMPLEMENTATION OF CERTAIN EMPLOYEE BENEFITS AND
REPEALING. ON THE EFFECTIVE DATES SPECIFIED, ALL
RESOLUTIONS IN CONFLICT THEREWITH.
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
Section 1. The salary schedule as shown on Schedule A of Appendix A
attached hereto and made a part hereof for each salary I
range and/or hourly rate of pay shall constitute the
basic compensation and pay plan for all positions of
pay in each salary range for full time positions indicated
in Appendix A. The respective ranges are identified
by number and the salary steps within each range by
the letters "A" to "E" inclusive, The columnar headings
at the top of each column establlsh the mininum length
of service required for advancement to the next higher
salary step. The salary schedule hereinafter shown
is based on forty (40) hours per week.
Section 2. The salary schedule for each position classification
is indicated in Schedule A of Appendix attached hereto
and made a part hereof. which indicates "A" through
"E" steps of each classified position, in terms of
a monthly salary rate for classified positions and
the effective dates of each. if any, increases.
Section 3. The Memorandum of Understanding between the City of
Seal Beach and the Seal Beach Chapter of the Orange
County Employees Association is indicated in Appendix
A, and is attached hereto and made a part hereof.
Upon adoptions of this resolution, the wage increases,
employee benefits and working conditions contained
in Appendix A are effective upon the dates specified
in Append ix A.
I
Section 4, The provisions of this resolution relating to salary
rates shall be come effective as listed in Appendix,A.
NOES: Councilmembers
PASSED,
Seal
day
AYES: Councilmemb
ABSENT: Councilmembers
ATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SEAL BEACH
ATTEST:
)
) SS
)
I
9~"--llh( a
lty Clerk I
I
I
I
Resolution Number tiNiJ
....,
APPENDIX A
MEMORANDUM OF UNDERSTANDING
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 prOV1Slons 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
WHEREAS. the Seal Beach Chapter of the Orange County Employee Association
submitted a petition for recognition to include non-sworn employees
of the Police Department; and
WHEREAS, the City of Seal Beach approved the inclusion of the non-sworn
police department employees in accordance with provisions of
Ordinance Number 769 and State laws; and
WHEREAS, the City of Seal Beach acknowledges that non-sworn employees
of the Police Department are no longer a part of the management
non-represented employee group but are now represented by OCEA
and that the provisions of this Memorandum of Understanding
apply to non-sworn employees of the Police Department; and
WHEREAS, the duly appointed recognized employee representatives of Association
and Management representatives representing the City of Seal
Beach have met and conferred in good faith on numerous occasions
concerning wages. hours, and terms and conditions of employment
in conformance with the terms, conditions. and provisions of
Ordinance Number 769 and State laws; and
WHEREAS, Assocation 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 City for those employees represented by Association.
as set forth in this Memorandum of Understanding.
."
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.
Section 2. Term of Memorandum of Understanding
This Memorandum of Understanding shall remain in full force and effect
until midnight, July 31, 1986.
MANAGEMENT RIGHTS-AND RESPONSIBILITIES
Section 3. Management Rights and Responsibilities
This City reserves, retains and is vested with solely and exclusively,
all rights of Management which have not been expressly abridged by speCific
prOVisions of this 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:
Resolution ~uffiber ~~
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.
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 which the City operations
are to be conducted.
I
H. 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 memoranda. and to establish and change work
schedules and assignments upon reasonable notice insofar as such
changes do not conflict with previous Memorandum 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.
I
M. To determine minimum qualifications. skills abilities, knowledges,
selection procedures and standards, job classifications and to
reclassify employees in accordance with this Memorandum of Understanding
and applicable resolution and codes of the City.
N. To hire. transfer. promote and demote employees for non-disciplinary
reasons in accordance with the Memorandum of Understanding and
applicable resolutions and codes of the City.
O. To determine policies. procedures and standards for selection,
training and promotion of employees with this Memorandum of Understanding
and 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.
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 contravention with
the Agreement.
S. To restrict the activity of an employee organization on municipal I
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.
ADMINISTRATION
Section 4. Administration
A. City shall provide a bulletin board in each of the following locations:
Corporation Yard. Administration Building. Such bulletin boards
to be available for the purpose of posting notices pertaining to
Association's business only. Association shall not use any other
bulletin board wlthin City facilitles.
I
I
I
Resol uti on Number :Js::1~ . '
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 such representatives identity.
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 representataives of Association.
not exceeding six (6) in number, 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. 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 officers of Association.
D. It is recognized and agreed th8t 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
herei n.
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.
WAGES AND SALARIES
Section 5. Wages and Salaries
A. The salary schedule for each position classification effective
is hereby determined and established as indicated in Schedule A,
attached hereto and made a part hereof.
B. Association agrees that if in the sole opinion of the Management
representative. because of recruitment, retention, or other reasons,
other upward salary adjustments are necessary, Management representative
will meet and confer with Association on position classifications
specified by Management or Association. Management 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 employed by City, salary
adjustment, if any, may be recommended by Management without further
consultation or approval of Association.
PAYROLL DEDUCTIONS
Section 6. Payroll Deductions
The City shall not be required to make payroll deductions for any other
items or reason except as specified in this Memorandum of Understanding.
Managemnt 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. Managemnt may requir 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 requird at least ten (10) days prior
to the effective date of said requested modification or change. Managemnt
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. the remittal
of same by City to Association shall constitute payment of said dues of
such employee and member of Association.
Resolution Number ~~
SCHEDULING
Section 7. Scheduling
Up to and including the contract year ending July 31, 1986. Management
agrees to not demand changes in the scheduling plan as it exists in the
Public Works Department at the signing of this agreement. speciflca11y
the four day plan.
UNIFORM ALLOWANCE
Section 8. Unlform Allowance
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 employees.
B. Police Department Employees (Non-Sworn Members)
Each non-sworn employee of the Police Department including the
claSSifications of Typist Clerk, Clerk Dispatcher, Animal Control
Officer, and Parking Control Officer assigned to wear a uniform
as a condition of employment shall be entitled to a sum of twenty-
five dollars ($25.0D) per month per employee to be paid on a semi-
annual basis. In addition, new employees of non-sworn status in
the Police Department shall receive initial uniforms as determined
by the Chief of Police.
I
A. Public Works Department Employees
C. City agrees to provide acceptable safety shoes at current market
prices for authorized employees of the Public Works Department.
VACATIONS
A. All full-time employees who shall have at least one year's continuous
service as a full-time employee immediately preceding shall be
given a vacation of 120 hours with pay each year.
B. All full-time employees. who shall have at least five years of
continuous service shall be entitled to eight (8) additional hours
of vacation for each year of full-time continuous service in excess
of five years.
The vacation accrual schedule is as follows:
I.
Section 9. Vacations
Years Vacation Hourly Accrual Maximum
Service Hours Rate Per Pay Vacation Hrs.
Earned Period Available For
Bi-Week1y Use
1 120 4.615 120
2 120 4.615 120
3 120 4.615 120
4 120 4.615 120
5 120 4.615 120
6 128 4.923 120
7 136 5.231 128
8 144 5.539 136 1
9 152 5.486 144
10 160 6.154 152
11 160 6.154 160
12 160 6.154 160
13 160 6.154 160
14 160 6.154 160
15 160 6.154 160
C. Employees of the City considered and/or classified as provisional
employees. or who are hourly. part-time. and/or seasonal employees
shall not be eligible for paid vacations. This section shall not
apply to provisional employees who have been permanent non-probationary
full-time employees for the period immediately preceding provisional
status.
I
I
I
Resolution Number -~~~~
D. Employees who change from full-time employment to a classification
noted in sub-paragraph (C) above shall not accumulate vacation
credit or pay while not a full-time employee and such change in
classification shall be interpreted and considered as interruption
of continuous full-time employment.
E. Employees who are on authorized leaves of absence without pay shall
not accumulate vacation credits or pay during said leave of absence.
F. All full-time employees shall only be allowed to accrue a maximum
of two hundred (200) hours vacation. This maximum of two hundred
(200) hours can only be exceeded with approval of the department
head.
INSURANCE PROGRAMS
Section 10. Insurance Programs
A. Administration
The City reserves the right to select, change. administer. or fund
any fringe benefits programs involving insurance that now exists
or may exist in the future during the term of this Memorandum of
Understanding.
B. Selection and Funding
C.
In the administration of fringe benefits 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.
Changes
Provided. 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 result in the reduction of
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 an alternative Health
Plan.
D.
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. . . . . . . . . $1 1 S/month.
- For employee and 1 dependent. . . . . $242/month.
- For employee and 2 or more dependents $321/month.
Employees enrolled in the plan are required to pay any premium
amonts 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.
3. The City shall not change medical/dental insurance plans during
the term of this agreement without first meeting and conferring
on the proposed change.
4. Part-time, seasonal. provisional and/or hourly employees shall
not be eligible for participation in this program.
5. No person who is eligible to receive Worker's Compensation
benefits is eligible to receive benefits from the City's group
medical insurance.
6. Full-time employee 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.
Resolution Number ~8
7. Employees who change classification from full-time to part-
time provlsional, hourly or seasonal shall not be eligible
for this benefit.
8. 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.
LIFE INSURANCE
Section 11. Life Insurance
I
Management agrees to provide a group life insurance plan providing life
insurance coverage of Eleven Thousand Dollars ($11,000) for each full-
time classified non-safety employee represented by the Association commencing
on the sixty-first (61) day of full-time employment.
INCOME CONTINUATION
Section 12. Income Continuation
Management agrees to provide a group insurance plan for income continuation
for each full-time employee of City. said insurance to provide an income
continuation of One Hundred and Fifty Dollars ($150.00) per week. or sixty-
six and two thirds percent (66.2/3%) of employee's weekly salary, whichever
is the lesser. said income continuation commencing on the thirty-first
(31) day of sickness or other bona fide absence. or upon expiration of
sick leave. whichever occurs later. and continuing thereafter while the
employee is absent from work for a period not to exceed twenty-six (26)
weeks.
BEREAVEMENT LEAVE
Section 13. Bereavement Leave
The City agrees to provide three days bereavement leave with pay for death I
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. step-
mother, step-father. or dependent relatives of the employee.
SICK LEAVE
Section 14. Sick Leave
In accordance with the Code, there shall be no maximum limit placed on
the accumulation of sick leave.
Upon honorable termination from City employment. any member of the Seal
Beach Employees Association with 10 years of service will be paid twenty-
five percent (25%) of his/her accumulated sick time at his/her hourly
rate. Payment of accumulated sick time will not exceed two thousand five
hundred dollars ($2.500.00) per member.
HOLIDAYS
Section 15. Holidays
The City agrees to grant all employees on the ten-hour work day. forty-
hour week. a full ten (10) hours 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)
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 Day (December 25)
One (1) Floating Holiday*
I
I
I
I
Resolution Number ~tJ
A total of ten holidays annually
*The floating holiday must be taken during the term of this agreement.
Floating holidays may not be carried forward beyond the term of
this agreement. Floating holidays must be approved by the department
head.
OVERTIME AND CALL OUT PAY
Section 16. Overtime and CallOut Pay
A. Callout and overtime pay shall be paid at the rate of time and
one-half the hourly rate. Minimum "call out" time shall be two
(2) hours. The City shall pay time and one-half for overtime.
B. Overtime will be computed by dividing the employee's regular monthly
salary by 173.3 to arrive at an hourly wage.
C. Paid overtime for the month is to be submitted and computed with
the regular payroll for the last payroll of the month.
D. Notwithstanding any provision of this paragraph. employee shall
be entitled to select either compensated overtime or compensatory
time off. subject to budget limitations and departmental rules
and regulations.
E. 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 17. Retirement System
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 20862.8 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 18. 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.
AUTOMOBILES AND MILEAGE
Section 19. Automobiles and Mileage
Officers and employees of the City, utilizing their privately-owned automobiles
for City business on a non-regular basis. shall be entitled to reimbursement
for costs incurred at the rate of 20 cents (20~) per mile.
MOVE-UP PAY
Section 20. Move-Up Pay
City agrees that employees assigned. in an acting capacity, to a higher
classification than the employee's 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 range of the higher classification. Minimum move-
up pay shall be 5%.
Resolution Numbp.r c'~;)
SHIFT DIFFERENTIAL
Section 21. Shift Differential
City agrees that employees in the Public Works Department who are assigned
duties between the hours of 4:00 a.m. and 6:30 am. shall be paid at a
rate of time and one-half for time worked during that period.
SENIORITY BONUS
Section 22. 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 I
on the tenth anniversary of their employment.
STANDBY COMPENSATION
Section 23. Standby Compensation
A. 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. Utilities Division:
1. 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 four (4) hours of overtime on Saturday or Sunday.
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 "back-
up" to the regularly scheduled person assigned to standby duty.
3. Employees on standby duty who are called out will be compensated
in accordance with Section 19.
I
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 must also 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.
MERGER OF NEGOTIATIONS
Section 24. Merger of Negotiations
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 Memorandum of Understanding of whatsoever
kind of nature are merged herein.
I
SEPARABILITY
Section 25. Separability
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.
Resolution Number ~='
IN WITNESS HEREOF. the parties hereto have caused this Memorandum of Understanding
to be executed this /17'# day of !Je-P}i'....~ , 1985.
SEAL BEACH MANAGEMENT REPRESENTATIVES
SEAL BEACH EMPLOYEES ASSOCIATION R ESENTATIVES:
I
SUBJECT TO RATIFICATION BY CITY COUNCIL
I
SCHEDULE A
THE FOLLOWING SALARIES SHALL BECOME EFFECTIVE AUGUST 1. 1985:
POSITION CLASSIFICATION STEPS IN RANGE
Maintenance Series A B & D E
Water Meter Reader 1352 1421 1491 1564 1644
Maintenance Worker I 1376 1444 1517 1593 1671
Maintenance Worker II 1485 1560 1636 1718 1803
Water Utility Operator 1597 1676 1761 1850 1941
Motor Sweeper Operator 1585 1662 1745 1834 1925
Carpenter 1651 1732 1818 1911 2004
Mechanic 1687 1771 1860 1952 2058
Electrician 1942 2041 2141 2249 2363
Beach Maintenance Crew Leader 1605 1685 1770 1858 1951
Senior Water Utility Operator 1778 1866 1959 2058 2159
Clerical and Fiscal Series
I Clerk Dispatcher 1584 1663 1747 1835 1928
Typist Clerk 1185 1245 1307 1372 1440
Account Clerk 1351 1421 1490 1565 1642
Secretary 1351 1421 1490 1565 1642
Sr. Account Clerk 1459 1532 1609 1689 1774
Administrative and Technical Series
Principal Engineering Aide 1946 2042 2145 2251 2364
Animal Control Officer 1594 1675 1757 1846 1938
Parking Control Officer 1342 1408 1479 1552 1630
Animal Control Officer II 1706 1791 1880 1974 2074