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HomeMy WebLinkAboutCC Res 3101 1981-09-14 .. . '" I I I .,""'. " r RESOLUTION NO. ;J 10 I 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 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 establish the minimum 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 A 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 adoption of this resolution, the wage increases, employee benefits and working conditions contained in Appendix A are effective upon the dates specified in Appendix A. Section 4. The provisions of this resolution relating to salary rates shall become effective as listed in Appendix A. AYES: NOES: ) Councilmembers ABSENT: Councilmembers ~-~~ ~'ayor ATTEST: ~T ..... . .. Resolution number " .' SCHEDULE A THE FOLLOWING SALARIES SHALL BECOME EFFECTIVE OCTOBER 1,1981: STEPS IN RANGE POSITION CLASSIFICATION A B C D E 11 Mai ntenance Seri es Water Meter Reader 1062 1116 1172 1230 1292 Garage Serviceman ' 962 1010 1061 1114 1170 Maintenance Worker I 1071 1124 1180 1239 1301 Maintenance Worker II 1155 1214 1274 1337 1404 Utility Apprentice 1062 1115 1171 1230 1291 Water Utility Operator 1291 1355 1423 1495 1569 Motor Sweeper Operator I 1190 1249 1311 1376 1445 Mechanic I 1216 1277 1341 1408 1478 Motor Sweeper Operator II 1245 1307 1372 1441 1513 Carpenter 1334 1400 1470 1544 1620 Mechanic II 1326 1392 1462 1535 1612 Electrician 1534 1611 1691 1776 1865 Beach Maintenance Crew Leader 1262 1325 1391 1461 1534 Senior Water Utility Operator 1396 1467 1539 1616 1697 2. Clerical and Fiscal Series Junior Typist Clerk 683 717 753 791 831 Typist Clerk 899 944 991 1041 1093 Senior Account Clerk 1010 1060 1113 1069 1227 Account Clerk 936 983 1032 1084 1138 Secretary 1034 1086 1140 1197 1257 3 Administrative and Technical Seri es Planning Aide 1158 1216 1277 1341 1408 Engineering Aide 1158 1216 ' 1277 1341 1408 Senior Engineering Aide 1245 1307 1372 1441 1513 Principal Engineering Aide 1529 1605 1686 1769 1858 Building Inspector 1570 1648 1731 1817 1907 Animal Control Officer 1289 1354 1421 1492 1566 Parking Control Officer 1025 1077 1,131 1187 1246 The following salary shall become effective August 1, 1981: Clerk Dispatcher 1228 1289 1354 1422 1494 I 1 I I :, APPENDIX A MEMORANDUM OF UNDERSTANDING Resolution Number 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 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, 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 City for those employees represented by Association, as set forth in this Memorandum of Understanding, 1 Resolution Number 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 authorizea recognized representatives of Association. I Section 2. Term of Memorandum of Understanding. This Memorandum of Understanding shall remain in full force and effect until Midnight, July 31,1982. 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 01 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 I,' 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. 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. 2 1 I ('III,. Resolution Number MANAGEMENT RIGHTS AND RESPONSIBILITIES I. To assign work to and schedule employees in accordance with . J. requirements set forth in previous memoranda, and to establish and change work schedules and. assignments upon reasonable notice in so far as such changes do not conflict with previous ,Memorandum of Understanding. 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. 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, tranfer, promote and demote employees for rion-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, R. To maintain order and efficiency in its facilities and operations. To establish and promulgate and/or modify rules and regulations to maintain order and safety and which are not contravention with the Agreement. 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 S. the Agency in emergencies. 3 G I I 11II.' Resolution Number 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 within City facilities. 8. 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 representatives 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 phy 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 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 unles~ 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. 4 1 o I I,. Resolution Number WAGES AND SALARIES Section 5. Wages and Salaries. Effective Octotler 1,1981 the following positions will receive wage increase adjustments as shown: Electrician 12% Parking Control Officer 10% Animal Control Officer 9% Water Utility Operator 8% Senior Water Utility Operator 8% Maintenance Worker II 4% Building Inspector 7.5% Maintenance Worker I 6% Carpenter 5% Principal Engineering Aide 7.5% Effective August 1, 1981 the following position will receive a ten per cent (10%) wage increase adjustment. Clerk Dispatcher 10% Section 6. Wages and Salaries. 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. Section 7. Wages and Salaries. A. Association agress 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. B. It is understood and agreed that a9reed upon employees may be classified as confidential or supervisory employees. C. 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. 5 I I I.. Resolution Number PAYROLL DEDUCTIONS Section 8. Payroll Deductions. The City shall 'not be required to make payroll deductions for any other items or reasons except as specified in this Memorandum of Understanding. Management shall determine in the interest 1',0 cost and efficiency as to whether said deductions shall be on a monthly uJsis or on each semi-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 nay be required at least ten (0) 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 fifteen (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. SCHEDULING Section 9. Scheduling. Up to and including the contract year ending July 31, 1982, 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. 6 I I u 11II.. Resolution Number UNIFORM ALLOWANCE Section 10. Uniform Allowance. ; A. Public Works Department Employees. Public Works Uniform allowance of Resolution Number 2023 adopted August 9. 1971, shall be amended to read as follows: For the period August 1. 1981 to July 31, 1982, 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. B. Police Department Employees (Non-Sworn Members) For the period effective August 1.1981 to July 31,1982. each non-sworn employee of the Police Department including the classifications of Clerk Typist, Clerk Dispatcher. Animal Control Officer. and . Parking Control Officer shall be entitled to a sum of twenty dollars ($20.00) 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. " Section 11. Safety Shoe Allowance. City agrees to provide acceptable safety shoes at current market prices for authorized employees of the Public Works Department. VACATIONS Section 12. Vacations. A. All full-time employees who shall have at least one year's continuous service as full-time employee immediately preceding shall be given a vacation of fifteen (15) working days with pay each year in addition to the holidays set forth and authorized by this Memorandum of Understanding and/or ordinance and/or resolution of the City of Seal Beach, whichever is greater. After one (1) year's continuous service full-time employees shall earn 1.25 days vacation with pay each month of full-time and continuous employment. 7 Resolution Number VACATIONS 1 B. All full-time employees, who shall have at least five years of contiJuous service as full-time employee immediately preceding. shall be entitled to one extra day of vacation for each year of full-time continuous service in excess of five (5) years to a maximum of five (5) extra days of vacation (making a total maximum vacation of twenty (20) working days). 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. C; 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 1 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 max1mumof two hundred (200) hours can only be exceeded with approval of the department head. INSURANCE PROGRAMS Section 13. Insurance Programs. A. Administration I.. 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 In the administration of fringe benefits programs involving insurance, the City shall have the right to select any insurance carrier or 8 o 1 1 I.' Resolution Number INSURANCE PROGRAMS other method providing coverage to fund the benefits provided hereinafter during the term of this Memorandum of Understanding. C. 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 The health insurance coverage in existence at the time of adoption of this Memorandum of Understanding will be continued for the duration of this Memorandum of Understanding, with the City continuing to provide full employee and dependent premium coverage during the term of this Memorandum of Understanding. E. Coverage - Dental Insurance The City shall pay the entire cost of the Dental Insurance program and continue to provide comparable level of dental benefits in existence at signing of this agreement, The City shall continue to provide full employee and dependent premium coverage during the term of this Memorandum of Understanding, and shall pay the entire cost. HEALTH INSURANCE PROGRAM Section 14. Health Insurance Program. A. Group Hospital and Medical Insurance. 1. Part time, seasonal. provisional and/or hourly employees shall not be eligible for participation in this program. 2. No person who is eligible to receive Worker's Compensation benefits is eligible to receive benefits from the City's group medical insurance, 9 1 ~, '" I I,. Resolution Number HEALTH INSURANCE PROGRAM 3. 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 suceeding month. 4. Employees who change classification from full-time to part-time provisional, hourly or seasonal shall not be eligible for this benefit. '~ 5. 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. 6. All full-time employees eligible for this benefit are to be allowed the opportunity to enroll their eligible dependents in said plan. LIFE INSURANCE Secti on 15. Life Insurance. 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 16. 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. 10 1 (J I I.- Resolution Number BEREAVEMENT LEAVE Section 17. Bereavement Leave. The City agrees to provide three days bereavement leave with pay for death in the immediate family. The breavement 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 18. Sick Leave. In accordance with the Code, there shall be no maximum limit placed on the accumulation of sick leave. , Commencing August 1,1981, upon honorable termination from City employment, any member of the Seal Beach Employees Association with 10 years of service . will be paid twenty five per cent (25%) of his/her accumulated sick time at his/her hourly rate. Payment of accumulated sick time will not exceed,Two Thousand dollars ($2,000) per member. HOLIDAYS Section 19. Holidays. Commencing January 1. 1974, 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 the City. Every full-time employee of the City, except employees of the police department and the fire 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 (Fourth Monday in October) Thanksgiving Day (Fourth Thursday in November) The calender day following Thanksgiving Day Christmas Day (December 25) A total of nine holidays annually 11 1 1 o I.. Resolution Number , , OVERTIME AND CAL~ OUT PAY Section 20. Overtime and CallOut Pay. A. CallOut 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 emergency mandatory non scheduled overtime. , ~ B. Non-emergency and non callout overtime 1. When authorized by the department head and approved by the City Manager, overtime may be compensated at the rate of straight time; or compensatory time off at the rate of straight time. 2. Overtime will be computed by dividing the employee's regular monthly salary by 173.3 to arrive at an hourly wage. 3. Paid overtime for the month is to be submitted and computed with the regular payroll for the last payroll of the month. 4. Notwithstanding any provision of this paragraph. employee shall . be entitled to select either compensated overtime of compensatory time off. subject to budget limitations and departmental rules and regulations. RETIREMENT SYSTEM Section 21. 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. Commencin9 October 1, 1981, the City shall pay that portion of the affected employees' retirement contribution that is equal to seven per cent (7%) of the affected employees' base salary on October 1, 1981. The City will pay that established dollar amount for each affected employee for the term of this Memorandum of Understanding. 12 1 I I,. r. Resolution Number EQUIPMENT CERTIFICATION PROGRAM Section 22. Equipment Certification Program. City agrees to ~stablish a program for certification for operation of dangerous equipment to include a safety officer from among represented employees. AUTOMOBILES AND MILEAGE Section 23. 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 (2~)per mile. Effective August 1,1981, BUilding Inspectors shall be reimbursed at the rate of One Hundred and Seventy-Five dollars ($175.00) per month for use of their privately owned vehicles for the execution of their job duties on a regular basis. . GRIEVANCE PROCEDURE Section 24. Grievance Procedure. The grievance procedure for the City of Seal Beach is outlined in Section 912 of the City Charter and Rule XV. Sections 1 and 2 of the Seal Beach Personnel Rule as follows: Any permanent employee in the competitive service whose demotion, dismissal, reduction in pay, or four (4) day to ten (10) day suspension has been recommended. must receive a written statement of the reasons for the recommended disCiplinary action, including the specific charges. at least five (5) working days prior to the proposed effective date of the action. except where the employee's misconduct is of such a serious character as to create an emergency ,situation. In such case. the employee may be ordered by the City Manager on immediate leave of absence following which order the City Manager has one (1) working day in which to provide the employee with a written statement of the reasons for the recommended disciplinary action. 13 Resolution Numb~r GRIEVANCE PROCEDURE The employee shall have five (5) working days after receipt of the statement of charges and recommended disciplinary action in which to answer the charges. If the employee fails to respond, the charges shall be deemed admitted and the recommended III disciplinary action may be imposed. If the employee answers the charges, the authority recommending the discipline must consider the response in deciding whether to impose the recommended G III I., discipline. If the recommended discipline is affirmed, the authority recommending the discipline must file charges with the Civil Service Board and immediately serve a copy of the charges upon the employee after which the disciplinary action may be imposed. Following affirmation of disciplinary action of over four (4) day suspension, the employee may file a complaint in writing with the Personnel Officer. It shall be the duty of the Personnel Officer to inform each of the members of the Civil Service Commission and the appointing power or other person complained against of the filing of the complaint. Upon the making of any appeal, the Civil Service Board shall make such investigation as it may deem necessary. The hearing authorized by the Charter shall be held within twenty (20) days after the request for the hearing was made. In all hearings the applicable provisions of the Charter shall apply. Whenever a hearing on any appeal is to be held, the Personnel Officer shall notify the person requesting the hearing and the appointing power or other officer from whose action the appeal is being taken, of the date. time and place of the hearing and shall publicly post at such places as the Board shall prescribe" a notice of the date. time and place of the hearing. MERGER OF NEGOTIATIONS Section 25. Merger of Negotiations. This Memorandum of Understanding represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and previous Memorandum of Understanding of whatsoever kind or nature are merged herein. 14 1 SEPARABILITY Resolution Number Section 26. 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. IN WITNESS WITHEROF. the parties hereto have caused this Memorandum of Understandi ng to be executed thi s day of , 1981. CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVES Date p~ Date I/~I III SEAL BEACH EMPLOYEES ASSOCIATION REPRESENTATIVES 1 a 4/-,/ ~ d...:, 15 Date ~- /&--- ? I , Date q -/ ,f - fjj J Date 9-z; - rf! Date ?-;!v--?'/ Date /(1-' - JY Date Date