HomeMy WebLinkAboutCC Res 5853-C 2009-04-13RESOLUTION NUMBER 5853-C
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING THE MEMORANDUM OF UNDERSTANDING
(MOU) BETWEEN THE CITY OF SEAL BEACH AND THE SEAL
BEACH SUPERVISORS AND PROFESSIONALS ASSOCIATION
(SBSPA) FOR THE PERIOD OF APRIL 13, 2009 THROUGH
JUNE 30, 2012
WHEREAS, the City of Seal Beach ("City") affirms the dignity and worth of the
services rendered by its employees.
NOW THEREFORE, the City Council of the City of Seal Beach hereby resolves:
Section 1. In August 2008, the City Council commissioned independent
consultant Creative Management Solutions, Inc. ("CMS") to review City class
specifications and internal salary range and conduct market survey data.
Thereafter, CMS prepared a classification study ("Study") containing a number of
findings and recommendations.
Section 2. The City Council has reviewed the Study, and received input from
City staff and CMS concerning the Study's findings and conclusions.
Section 3. The City met and collectively bargained in good faith with the Seal
Beach Supervisors & Professionals Association ("SBSPA") as to wages, hours,
and working conditions. Based upon such collective bargaining, the City and
SBSPA developed the memorandum of understanding ("MOU") attached hereto
as Exhibit A and incorporated by this reference.
Section 4. The SBSPA has accepted the terms, conditions and provisions set
forth in the MOU, and its authorized representatives have executed the MOU.
Section 5. Based upon the foregoing, the Council hereby approves that certain
"Seal Beach Supervisors & Professionals Association Memorandum of
Understanding" dated April 13, 2009 (attached). The MOU supersedes all prior
MOU's and agreements between the City and the SBSPA.
Section 6. The term of the MOU is April 13, 2009 through June 30, 2012.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach on this 13th day of April , 2009 by the following vote:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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Mayor
Resolution Number 5853-C
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 5853-C on file in
the office of the City Clerk, passed, approved, and adopted by the City Council of
the City of Seal Beach, at a regular meeting thereof held on the 13th day of A ril
2009
Cit Clerk
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Adopted by Resolution IVo. 5853-C
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SEAL BEACH SUPERVISORS &
PROFESSIONALS ASSOCIATION
MEMORANDUM OF UNDERSTANDING
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ADOPTED: April 13, 2009
' EXPIRES: JUNE 30, 2012
Resolution Number 5853-C SBSPA
TABLE OF CONTENTS
SECTION 1: RECOGNITION ..................................................................................4
SECTION 2: CITY RIGHTS
Rights/Responsibilities ................................................................................... 5
SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY
INSURANCE
A. Health Insurance Coverage ......................................................................6
B. Life Insurance ........................................................................................... 7
C. Income Continuation ............................................................................ 7
SECTION 4: RETIREMENT HEALTH INSURANCE ..............................................7
SECTION 5: SICK LEAVE ......................................................................................8
SECTION 6: BEREAVEMENT LEAVE ...................................................................8
SECTION 7: VACATION TIME ................................................................................9
G-Time .........................................................................................................10
SECTION 8: HOLIDAYS .......................................................................................10
SECTION 9: RETIREMENT ...................................................................................11
SECTION 10: OVERTIME AND CALL OUT PAY .................................................11
SECTION 11: COMPENSATORY TIME OFF .......................................................12
SECTION 12: PROVISIONAL APPOINTMENTS .................................................12
SECTION 13: SENIORITY BONUS .....................................................................12
SECTION 14: AUTOMOBILES AND MILEAGE ...................................................12
SECTION 15: ADMINISTRATIVE LEAVE ............................................................12
SECTION 16: LIMITATIONS .................................................................................12
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Resolution Number 5853-C
SBSPA
SECTION 17: DEFERRED COMPENSATION .....................................................12
SECTION 18: BILINGUAL COMPENSATION ......................................................13
SECTION 19: WORK SCHEDULE ........................................................................13
SECTION 20: TUITION REIMBURSEMENT .........................................................13
SECTION 21: COMPENSATION PLAN
A. Basic Compensation Plan .......................................................................14
B. Advancement within Salary Ranges .......................................................14
C. Salary Increases .....................................................................................14
D. Salary Decreases ...................................................................................15
E. Adjustments of Salary Ranges ...............................................................15
F. Salary and Benefits on Suspension ........................................................15
G. Salary Adjustments During Term of MOU ..............................................15
SECTION 22: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay ..........................................16
B. Military Leave of Absence ......................................................................16
C. Pregnancy Disability Leave of Absence ................................................17
D. Family Leave ..........................................................................................17
E. Catastrophic Leave ................................................................................17
SECTION 23: MISCELLANEOUS
Lay-off ..........................................................................................................18
SECTION 24: TERM ..............................................................................................18
SECTION 25: APPEALS .......................................................................................18
SECTION 26: REOPENER ...................................................................................18
SECTION 27• RATIFICATION ..............................................................................18
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Resolution Number 5853-C SBSPA
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SEAL BEACH
AND
SEAL BEACH SUPERVISORS & PROFESSIONALS
ASSOCIATION
SECTION 1: RECOGNITION
A. Pursuant to the provisions of Employee-Employer Relations Ordinance
Number 769, as amended, the City of Seal Beach (hereinafter called the "City"
and/or "Employer" interchangeably) has recognized for the purpose of this
Memorandum of Understanding (MOU), the Seal Beach Chapter of the
Confidential/Supervisory/Professional and Technical Employees (SBSPA), an
association of employees of the City of Seal Beach, hereinafter referred to as
"Association".
B. The City recognizes the Association as the representative of the
employees in the classification and assignments set forth in Section 1 ~-above for
the purpose of meeting its obligations under this MOU, the Meyer-Milias-Brown
Act, Government Code Section 3500 et seq., when City rules, regulations, or
laws affecting wages, hours and/or other terms and conditions of employment
are amended or changed.
C. The City agrees that the recognized representatives of Association not
exceed 4 in number and shall be entitled to meet and confer with City during said
recognized representatives' normal working hours without suffering any loss in
pay while absent from the duties for such purpose. City also agrees that such
representatives may utilize a total of not more than 3 hours per year without
suffering any loss in pay for such absence for the purpose of meeting with
employees who are members of Association and/or other officers of Association.
D. City recognizes Association's right to appoint or elect representatives to
meet and confer with City's management representatives on salaries, wages, and
terms and conditions of employment. Association agrees to notify City in writing
as to the identity of the representatives and of subsequent appointments, if any.
Association and City agree that employees appointed or elected as Association
representatives shall be required to work full time.
E. It is recognized and agreed that no Association business and/or meetings
will be conducted and/or attended by employees of City during their respective
hours of duty and work unless specified herein.
F. Representatives and/or officers of Association shall not interrupt the work
of any employee of City at any time to conduct business or other matters
connected with Association without prior consent of Management.
G. This MOU 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.
H. The City agrees to deduct from the paycheck of all employees who submit
authorization cards and are covered by this MOU voluntary contributions to
Democrat, Republic, Independent Voter Education (D.R.I.V.E.). D.R.I.V.E, shall
notify the City of the amounts designated by each contributing employee that are
to be deducted from his/her paycheck on a weekly basis for all weeks worked.
The phrase "weeks worked" excludes any week other than a week in which the
employee earned a wage. No such authorization shall be recognized if in
violation of State and Federal law. No deduction shall be made which is
prohibited by applicable law. The City shall transmit to:
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Resolution Number 5853-C SBSPA
D.R.I.V.E.
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, D.C. 20001
SECTION 2: CITY RIGHTS
A. Rights/Responsibilities -This City reserves, retains and is vested with
solely and exclusively, all rights of Management which have not been expressly
abridged by specific provisions of this MOU or by law to manage the City, as such
rights existed prior to the execution of this MOU. The sole and exclusive rights of
Management, as they are not abridged by this Agreement or by law, shall include
but not be limited to, the following rights:
1. To manage the City generally and to determine the issues of policy.
2. To determine the existence or nonexistence of facts which are the
basis of the Management decision(s).
3. To determine the necessity and organization of any service or activity
conducted by the City and expand or diminish services.
4. To determine the nature, manner, means and technology and extent
of services to be provided to the public.
5. To determine methods of financing.
6. To determine types of equipment or technology to be used.
7. To determine and/or change the facilities, methods, technology,
means, organizational structure and size and composition of the work force and
allocate and assign work by which the City operations are to be conducted.
8. To determine and change the number of locations, relocations, and
types of operations, processes and materials to be used in carrying out all City
functions including, but not limited to, the right to contract for or subcontract any
work or operation of the City.
9. To assign work to and schedule employees in accordance with
requirements set forth in this MOU, and to establish and change work schedules
and assignments upon reasonable notice insofar as such changes do not conflict
with this MOU.
10. To layoff employees from duties because of lack of work or funds, or
under conditions where continued work would be ineffective or non-productive.
11. To establish and modify productivity and performance programs and
standards.
12. To discharge, suspend, demote, reprimand, withhold salary increases
and benefits, or otherwise discipline employees for cause.
13. To determine minimum qualifications, skills abilities, knowledge,
selection procedures and standards, job classifications and to reclassify employees
in accordance with this MOU and applicable resolution and codes of the City.
14. To hire, transfer, promote and demote employees for non-disciplinary
reasons in accordance with the MOU and applicable resolution and codes of the
City.
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Resolution Number 5853-C SBSPA
15. To determine policies, procedures and standards for selection,
training and promotion of employees in accordance with this MOU and applicable
resolution and codes of the City.
16. To establish reasonable employee performance standards including
but not limited to, quality and quantity standards and to require compliance
therewith.
17. To maintain order and efficiency in its facilities and operation.
18. To establish and promulgate and/or modify rules and regulations to
maintain order and safety and which are not in contravention with the Agreement.
19. To restrict the activity of an employee organization on municipal
property and on municipal time except as set forth in this MOU.
20. To take any and all necessary action to carry out the mission of the
City in emergencies.
B. Where the City is required to make changes in its operations because of the
requirements of law, whenever the contemplated exercise of City Rights shall
impact the wages, hours and other terms and conditions of employment of the
bargaining unit, the City agrees to meet and confer in good faith with
representatives of the Association regarding the impact of the contemplated
exercise of such rights prior to exercising such rights, unless the matter of the
exercise of such rights is provided for in this MOU.
SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY
INSIIR~NCF
A. Health Insurance Coverage
1. The City shall contribute to the cost of medical coverage for each
eligible employee and his/her dependents, an amount not to exceed the California
Public Employees' Medical and Hospital Care Act (PEMHCA) minimum
contribution. For calendar year 2009, CaIPERS has established the minimum
PEMHCA contribution at $101 per month per employee.
2. The City shall contribute an equal amount towards the cost of medical
coverage under PEMHCA for both active eligible employees and eligible retirees.
3. The City shall implement a cafeteria plan for eligible employees in
accordance with the criteria provided to the Association during negotiations. For
employees participating in the City's cafeteria plan, each employee shall receive a
monthly dollar allowance to be used for the purchase of benefits under the cafeteria
plan. The monthly flex dollar allowance shall be:
For Em to ees onl $550/month
For Em to ee and 1 de endent $850/month
For Em to ee and 2 or more de endents $1,100/month
4. A portion of the monthly dollar allowance is identified as the City's
contribution towards PEMHCA. Thus, for example, in calendar 2009, a single
employee's monthly dollar allowance is $550, of that $550; $101 has been
designated by the City as its required PEMHCA contribution to CaIPERS. The
monthly dollar allowance may only be used in accordance with the terms of the
City's cafeteria plan.
5. Employees meeting the waiver criteria and electing to waive
enrollment in the City's cafeteria plan are eligible to receive $310 per month (upon
showing proof of health insurance coverage under an alternative plan). Election
forms are available in the Personnel Office.
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Resolution Number 5853-C
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6. Full-time employees of the City who have completed 30 days of
uninterrupted service shall be enrolled in the cafeteria plan on the first day of the
next succeeding month.
7. Employees who change classification from full-time to part-time
provisional, hourly or seasonal shall not be eligible for participation in the cafeteria
plan.
8. City shall not contribute to the cafeteria plan for any employee during
any month the employee is on leave of absence without pay or who is absent from
regular duties without authorization, for a full calendar month. City shall contribute
to the cafeteria plan for eligible employees receiving temporary payments from
Workers' Compensation Insurance.
9. City shall implement a proportionate CPI escalator for health care
coverage during term of MOU:
First pay period on or following July 1, 2010 -CPI adjustment,
Minimum 1 % up to 3% maximum, as measured utilizing the
change in the Los Angeles -Riverside -Orange County All
Urban Consumers Index for the 12 months of April 2009 -
March 2010
First pay period on or following July 1, 2011 -CPI adjustment,
Minimum 1 % up to 4% maximum, as measured utilizing the
change in the Los Angeles -Riverside -Orange County All
Urban Consumers Index for the 12 months of April 2010 -
March 2011
B. Life Insurance
Employees covered by this agreement shall receive a $50,000 life insurance
policy paid by the City. Said insurance shall become effective after the employee
has completed 30 days of uninterrupted service with said employee to be
enrolled in the program on the 1st day of the next succeeding month.
C. Income Continuation
Employees covered by this agreement shall receive a policy to provide for
income continuation of 66.67% of the employee's monthly salary, up to a
maximum of $5,000 per month, whichever is lesser. Said insurance shall
become effective after the employee has completed 30 days of uninterrupted
service with said employee to be enrolled in the program on the 1st day of the
next succeeding month. Said income continuation shall commence on the 31st
day of sickness or other bona fide absence or upon expiration of sick leave,
whichever occurs later, and continuing thereafter while the employee is absent
from work for a period of up to age 65.
SECTION 4: RETIREMENT HEALTH INSURANCE
A. Employees covered by this agreement shall have the option upon
retirement, to continue participation in the City's health insurance program at the
employee's expense.
B. Incumbents with 20 or more combined years of employment with the City,
have reached 55 years of age, and retire before December 31, 2010, shall be
provided with individual health insurance coverage capped at the PPO rate. If
said employee has 30 or more combined years of employment with the City upon
retirement, eligible dependent health insurance coverage shall also be provided.
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Resolution Number 5853-C SBSPA
C. Qualified incumbents with 20 or more combined years of employment with
the City, have reached 55 years of age, and retire after December 31, 2010, shall
be provided with individual health insurance coverage capped at the Kaiser HMO
rate. If said employee has 30 or more combined years of employment with the
City upon retirement, eligible dependent health insurance coverage shall also be
provided capped at the Kaiser HMO rate.
D. Qualified incumbents hired by the City on or after April 13, 2009, with 20
or more combined years of employment with the City, have reached 55 years of
age, and retires after December 31, 2010, shall be provided with individual health
insurance coverage capped at the PEMHCA minimum as designated by
CaIPERS. If said employee has 30 or more combined years of employment with
the City upon retirement, eligible dependent health insurance coverage shall also
be provided, capped at the PEMHCA minimum as designated by CaIPERS.
E. In all cases, the City's contribution for eligible dependent coverage for
retirees shall terminate with the death of the retiree.
F. In the event an eligible retired employee resides in an area where the
health plans provided by the City are not in effect, that retired employee shall be
entitled to receive in cash each month an amount equal to the monthly
contribution the City would otherwise have contributed to that retired employee
toward health and dental insurance premiums.
SECTION 5: SICK LEAVE
A. All full-time employees covered by this resolution shall accrue sick leave
at the rate of 1 day (8 hours) per month of service. Sick leave may be
accumulated up to and including 520 hours. Except as otherwise provided in this
resolution, no employee shall receive further accruals once the 520 hour
maximum is reached.
B. The Department Head may require employees to present proof of illness
for sick leaves in excess of 3 working days.
C. Employees who elected to retain sick leave balances prior to conversion
to leave time provision in July 1, 1987:
1. May utilize those balances for sick leave purposes.
2. Upon termination, shall be paid for the existing sick leave balance
at 25% of the employee's then applicable base rate of pay.
D. Except as otherwise provided, employees shall not be eligible for any
payment for sick leave balances upon termination.
E. Employees who are on authorized leaves of absence, without pay, shall
not accrue sick leave hours during said leaves of absence.
F. Sick leave balances may not be used to defer a disability retirement.
SECTION 6: BEREAVEMENT LEAVE
The City agrees to provide 40 hours bereavement leave with pay for death in the
immediate family. The bereavement leave shall not be chargeable to or
accumulated as sick time or leave time. "Immediate family" is defined as spouse,
father, mother, son, daughter, brother, sister, grandparent, grandchild, step-
mother, step-father, step-children, mother-in-law, father-in-law, domestic partner
or dependent relative living with the employee.
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Resolution Number 5853-C
SECTION 7: VACATION TIME
SBSPA
A. All full-time employees covered by this resolution, who shall have at least
one year's continuous service as a full-time employee immediately preceding,
shall be granted a vacation with pay of approximately 80 hours per year up to a
maximum of approximately 160 hours per year.
B. Full-time employees covered by this agreement, who shall have at least
five years of continuous service, shall be entitled to 8 additional hours of vacation
per year of full-time continuous service for each year of service in excess of 5
years up to a maximum of approximately 160 hours per year.
C. The vacation accrual schedule is as follows:
1
Years
Service Vacation
Hours
Earned Maximum Hourly
Accrual Rate /Pay
Period Bi-Weekl Annual
Vacation
Hours
1 80 3.0769 80
2 80 3.0769 80
3 80 3.0769 80
4 80 3.0769 80
5 80 3.0769 80
6 88 3.3846 88
7 96 3.6923 96
8 104 4.0000 104
9 112 4.3076 112
10 120 4.6153 120
11 128 4.9230 128
12 136 5.2307 136
13 144 5.5384 144
14 152 5.8461 152
15 160 6.1538 160
D. Employees covered by this agreement considered as hourly, part-time
and/or seasonal employees shall not be eligible for paid vacations.
E. Employees covered by this agreement who are on leaves of absence,
without pay, shall not accrue vacation leave hours during said leaves of absence.
F. Employees covered by this agreement shall only be allowed to accrue a
maximum of 240 hours of vacation. Once this maximum is reached, all further
accruals will cease. Vacation accruals will recommence after the employee has
taken vacation and the employee's accrued hours drop below the maximum. The
maximum can only be exceeded with the approval of the City Manager in writing.
G. Employees are encouraged to use at least the amount of vacation hours
earned each fiscal year. Those employees who have been credited with
preexisting leave hours are expected to use a portion of the excess as leave
time, in addition to the new vacation hours, each year until the maximum accrual
is met. The City recognizes that a number of long-term employees have accrued
substantially more leave time than shorter-term employees, and that it will likely
take them significantly longer to achieve this goal. It is the intent of this section
to balance the personal interests of the employee with the financial concerns of
the City; as such, significant progress toward reaching the maximum accrual
amounts may be deemed a success.
H. Vacation leave time shall not be approved until such time as it has been
earned, unless prior, special arrangements have been made with the City
Manager. Vacation leave shall be requested by the employee prior to the start
of the vacation leave period. Such vacation leave to be taken shall be subject to
the prior approval of the Department Head, or designee, subsequent to
consideration of the departmental workload and other staffing considerations,
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Resolution Number 5853-C SBSPA
such as but not limited to, the previously approved vacation schedule of other
employees, sick leave and position vacancies.
I. Not more than once in each fiscal year, an employee who has completed
at least 1 year of continuous service shall, upon request, receive compensation
for up to 50 hours of accrued vacation time provided that the employee has taken
an equal amount of time off within that fiscal year.
J. Employees covered by this resolution shall cease accruing general leave
time effective the first payroll period in December, 1997. Previously earned time
shall be used/ compensated for as follows: Upon separation of employment with
the City, all compensable hours will be paid to the employee at the employee's
current base rate of pay.
K. General Leave Time (G-Time)
1. G-Time must be exhausted by June 30, 2010.
2. G-Time may be utilized as vacation or sick leave up to 160 hours
per fiscal year, or may be assigned as deferred compensation or cash up to 160
hours per fiscal year.
SECTION 8: HOLIDAYS
A. The City agrees to grant all employees a full shift pay for each holiday
recognized by City. Every full-time employee of the City shall be granted the
following holidays with pay:
Holida Date
New Year's Da Janua 1st
Martin Luther Kind Da 3rd Monda in Janua
President's Da 3rd Monda in Februar
Memorial Da Last Monda in Ma
Independence Da Jul 4th
Labor Da First Monda in Se tember
Veteran's Da November 11th
Thanks ivin Da Fourth Thursda in November
Calendar da followin Thanks ivin Da
Christmas Eve December 24th
Christmas Da December 25th
*Floating Holiday discretion of em to ee
Total of 12 holidays annually
''Floating Holiday must be taken during each fiscal year (July 1st through June 30th)
and may not be carried forward beyond the term of Phis agreement. Floating holidays
must be approved in advance by the Department Head.
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B. When a holiday falls on a Sunday, the next day (Monday) shall be observed
as a holiday. When a holiday falls on a Saturday, the preceding day (Friday) shall
be observed as a holiday.
C. When a holiday falls on a full-time employee's regularly scheduled day off,
the employee shall receive compensatory time off for a full shift in lieu of holiday
pay, in keeping with other provisions of this MOU.
Example #1: Employee A normally works a 9/80 schedule, and a
holiday falls on the employee's Friday off, Employee A
would receive 8 hours of compensatory time off.
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Example #2: Employee B normally works a 9/80 schedule, and a
holiday falls on a Monday, Tuesday, Wednesday, or
Thursday, Employee B would receive 9 hours of
compensatory time off.
D
Example #3: Employee C normally works a 4/10 schedule, and a
holiday falls on a Monday, Tuesday, Wednesday,
Thursday, or Friday, Employee C would receive 10
hours of compensatory time off.
D. An employee who is required to work on a holiday shall receive pay
computed at 1'/z times the employees' basic hourly rate for the number of hours
actually worked, as applicable under the MOU.
Example: Employee A works 6 hours on Christmas Day. Employee A
would earn pay computed as follows:
Hours
Full-shift holiday pay
6 hours work pay
f
SECTION 9: RETIREMENT
Pay Rate
Regular base hourly rate
Regular base hourly rate or overtime
hourly rate, as applicable under MOU
A. The retirement program provided by the City shall consist of a pooled
Public Employee's Retirement System (PERS) plan, which includes the following
Government Code provisions:
Section 20024.2 One Year Final Compensation
Section 20862.9 Credit of Unused Sick Leave
Section 20930.0 Military Service Credit
B. The City shall pay that portion of the affected employee's retirement
contribution that is equal to 7% of the affected employees' base salary.
C. All employees incumbent in the Marine Safety Officer classification shall
participate in the 3% @ 50 formula plan for Local Safety Members.
D. The City shall provide PERS Section 21251.32 - 2% @ 55 for
miscellaneous members.
SECTION 10: OVERTIME AND CALL OUT PAY
A. If work beyond normal workday, workweek or work period is required, the
employee who may be asked to perform such overtime shall be notified of the
apparent need for such overtime as soon as practicable prior to when the
overtime is expected to begin.
B. Call out and overtime pay shall be paid at the rate of time and one-half the
hourly rate. Minimum "call out" time (when returning to work) shall be 2 hours.
C. Overtime will be computed by dividing the employee's regular monthly
salary by 173.3 to arrive at an hourly wage. Paid overtime for the pay period is to
be submitted and computed with the regular payroll.
D. Notwithstanding any provision of this Section, the employee shall be
entitled to select either compensated overtime or compensatory time off subject
to budget limitations, departmental rules and regulations, and Section 11 of this
MOU.
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SECTION 11: COMPENSATORY TIME OFF (CTO)
The maximum (cap) of CTO is 120 hours. Compensatory Time earned in excess of
120 hours will be paid as overtime during the pay period accrued.
SECTION 12: PROVISIONAL APPOINTMENTS
A. An employee, when authorized by the City Manager, may receive a
provisional appointment to a higher classification to fill a temporary vacancy. The
employee, when so appointed, must perform the duties and assume the
responsibilities of the higher classification for 120 consecutive working hours and
shall be paid according to the step in the assigned salary range of the new
position which is a minimum of 5% higher than the salary received before the
provisional appointment (not to exceed the top step).
B. When necessary and in the best interest of the City, the City Manager may
provisionally assign an employee to a higher level of duty and responsibility than
provided for in the employee's assigned classification which is not otherwise a
part of an adopted classification. In the case of such an assignment, the
employee must perform the higher level of duties for 80 consecutive working
hours; thereafter the employee shall receive additional compensation of 5% so
long as the assignment is authorized by the City Manager.
SECTION 13: SENIORITY BONUS
Employees who have achieved 10 years of uninterrupted employment with the
City shall receive a 5% increase in base salary effective on the IOth anniversary
of their employment.
SECTION 14: AUTOMOBILES AND MILEAGE
Officers and employees of the City, utilizing their privately-owned automobiles for
City business on anon-regular basis, shall be entitled to reimbursement for costs
incurred at the rate established by the Internal Revenue Service (IRS).
SECTION 15: ADMINISTRATIVE LEAVE
A. All incumbents shall be entitled to 16 hours of administrative leave during
each fiscal year.
B. Administrative leave days may not be carried forward to succeeding years
nor may they be turned in for cash value.
SECTION 16: LIMITATIONS
A. No employee who is receiving Workers' Compensation payments and
benefits is eligible to receive overlapping benefits (except life insurance) stated in
this resolution.
B. City shall not make any monthly payments for premiums for any insurance
benefit listed in this resolution, or uniform allowance, supplemental pay of any
type and/or type of bonus on behalf of or to any employee who has been absent
without authorization during said month or for any employee who has terminated
for any reasons whatsoever or who is on leave of absence without pay of who is
suspended from duties without pay.
SECTION 17: DEFERRED COMPENSATION
The City shall contribute the amount of $40 per payroll period into a deferred
compensation program for each incumbent in the Confidential, Supervisory, or
Professional and Technical position classifications.
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SECTION 18: BILINGUAL COMPENSATION
A. Upon the recommendation of a department director, the City Manager
may award a bilingual compensation bonus of $52.50 per payroll period to those
employees in positions determined to require bilingual skills.
B. The City Manager shall require the taking of competency tests to certify
the employee as eligible for bilingual compensation based on the employee's
proficiency in speaking the language determined to be required. Such
certification shall be a condition precedent to qualifying for bilingual pay.
SECTION 19: WORK SCHEDULE
A. At the discretion of the City Manager, work schedules may be altered as
needed to accommodate service demand levels of the residents of the City of
Seal Beach.
B. Holiday Closures -The City Manager may designate up to 5 specific holiday
closure work days in each calendar year between Christmas Day and New Year's
Day during which employees may be required to take time off, charged to leave
without pay, the employee's accumulated compensatory time, vacation, floating
holidays, or a combination thereof, as determined by the affected employee. The
days must be consecutive for the employee, but may differ between employees.
Employees who do not have sufficient accumulated time off in their account to
cover the required time off may request, and will be granted, sufficient advance on
their vacation accrual to cover the uncovered balance. This advance will be
recovered with the next vacation accruals earned by the employee. Time off of
work under this provision shall not be deemed a layoff.
C. If an employee is required to work on a designated City Manager holiday
closure work day, the employee will receive pay computed at 1'/z times the
employees' basic hourly rate for the number of hours actually worked.
Example: Employee A normally works a 9/80 schedule, and is required to
work 4 hours on a City Manager designated holiday closure work
day on December 28, 2009. Employee A would earn pay
computed as follows:
Hours Pay Rate
4 hours work pays 1 ~h times the hourly rate, as applicable under
the MOU
5 hours leave time Compensatory time, vacation, floating holiday,
or combination thereof
SECTION 20: TUITION REIMBURSEMENT
A. Employees attending accredited community colleges, universities, and
trade schools for the purpose of obtaining a higher education degree may apply
for reimbursement of tuition, books, student fees and parking. Reimbursement is
capped at the tuition rate of the Cal State University system for up to 2 semesters
of full-time, undergraduate enrollment each calendar year.
B. Reimbursement is contingent upon the successful completion of the
course. Successful completion means a grade of "C" or better for undergraduate
courses and a grade of "B" or better for graduate courses. All claims for tuition
reimbursement require prior approval and are subject to verification and approval
by the City Manager.
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Resolution Number 5853-C
SBSPA
Example: Employee A attends California State University, Long
Beach, for the Spring 2009 semester and completes 2
(3-unit) undergraduate courses with a grade of "C" or
better. The tuition reimbursement would be calculated
as follows:
2008/2009 State University Tuition $ 885.00 (0-6 units)
Required University Fees $ 172.00 (approx.)
Parking $ 123.00
Books $ 300.00 (approx.)
TOTAL $1, 480.00
SECTION 21: COMPENSATION PLAN
A. Basic Compensation Plan
1. All employees covered by this MOU shall be included under the Basic
Compensation Plan. Every classification under this Plan shall be assigned a salary
range adopted by the City Council. The salary schedule shall consist of 5 steps
within each range.
2. The first step is a minimum rate and is normally the hiring rate for the
classification. An employee may be assigned, upon appointment, to other than the
normal entering salary step within the assigned range upon the recommendation of
the Department Head and with the approval of the City Manager when it is decided
that such action is in the best interests of the City.
3. The second step, B step, is a merit adjustment which may be given at
the end of the probationary period subject to the recommendation of the
Department Head and with the approval of the City Manager.
4. The third, fourth and fifth steps are merit adjustments to encourage
an employee to improve his work and to recognize increased skill on the job.
Employees are normally eligible for these adjustments at any time after the
completion of 1 year of service at the preceding step. Each adjustment shall be
made subject to the recommendation of the Department Head and with the
approval of the City Manager.
B. Advancement within Salarv Ranges
1. In order to properly compensate an employee, advancement in salary
shall be based on merit.
2. Advancement in salary shall not be automatic, but shall depend upon
increased service value of the employee to the City.
3. The Department Head and/or the employee's immediate supervisor
shall be responsible to evaluate employees fairly in an unbiased fashion for the
determination of job performance. Advancement shall be made only upon
recommendation of the Department Head with the approval of the City Manager.
4. An employee should be reviewed at least once every 12 months from
the effective date of his last performance evaluation, special performance
advancement or promotion. Nothing contained herein shall restrict the Department
Head from denying the increase after evaluation, nor shall it prevent him from
recommending a special performance advancement in salary at any time when
unusual or outstanding achievement has been demonstrated.
C. Salarv Increases
1. Promotional Appointment -When an employee is promoted to a
position with a higher salary range, the employee shall be compensated at a step of
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Resolution Number 5853-C
SBSPA
the salary range assigned to the new position that is closest to providing a 5%
salary increase over the base salary received immediately prior to promotion.
2. Temporary Appointment -Employees assigned, in an acting capacity,
to a higher classification than the employees' present classification for a period of
not less than 120 consecutive working hours shall be entitled to temporary
appointment pay. In addition, employees who are assigned by the department
director in writing to regularly scheduled acting assignments of less than 120 hours
shall also be entitled to temporary appointment pay. Temporary appointment pay
will be retroactive to the first hour served in the higher classification and shall be
paid at a rate equal to the first step of the higher classification but in no event shall
temporary appointment pay be less than 5% more of the employee's current rate.
D. Salarv Decreases - In the case of a demotion of any employee in the
department to a classification with a lower maximum salary, such employee shall
be assigned to the appropriate salary step in the new classification as
recommended by the Department Head with the approval of the City Manager. The
employee shall retain his previous anniversary date.
E. Adjustments of Salarv Ranges - When a salary range for a given
classification is revised upward or downward, the incumbents of positions and
classifications affected shall have their existing salary adjusted to the same step in
the new salary range and their anniversary date shall not be changed.
F. Salarv and Benefits on Suspension -During suspension from the City
service for disciplinary cause, an employee shall forfeit all rights, privileges and
salary, except he shall not forfeit his medical health plans, including dental,
retirement plan, disability insurance or life insurance. Should such suspension be
later modified or revoked, the employee shall be entitled to receive payment for loss
of income and benefits during the period of suspension.
G. Salarv Adjustments During Term of MOU
1. The salary schedule for each position classification affected is hereby
determined and established upon adoption by City Council, and shall become
effective the first payroll period following April 13, 2009. Salary increases are as
follows:
First pay period on or following July 1, 2010 -CPI adjustment,
Minimum 1 % up to 3% maximum, as measured utilizing the
change in the Los Angeles -Riverside -Orange County All
Urban Consumers Index for the 12 months of April 2009 -
March 2010
First pay period on or following July 1, 2011 -CPI adjustment,
Minimum 1 % up to 4% maximum, as measured utilizing the
change in the Los Angeles -Riverside -Orange County All
Urban Consumers Index for the 12 months of April 2010 -
March 2011
J
Confidential
Grade Job Classifications
9 Accounting Technician
13 Executive Assistant
18 Deputy City Clerk
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Resolution Number 5853-C
Supervisory
Grade Job Classifications
13 Senior Accounting Technician
20 Equipment Services Supervisor
25 Water Services Supervisor
25 Maintenance Services Supervisor
26 Community Services Supervisor
28 Assistant Engineer
Technical
Grade Job Classifications
23 Marine Safety Officer
*See "Exhibit 1 "for complete list of Regular Employees Pay Structure
SECTION 22: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay
1
1. Upon the Department Head's recommendation and approval of the
City Manager, an employee may be granted a level of absence without pay in
cases of an emergency or where such absence would not be contrary to the best
interest of the City, for a period not to exceed 180 working days.
2. Upon written request of the employee, the City Manager may grant
a leave of absence, with or without pay, for a period not to exceed 1 year.
3. At the expiration of the approved leave, after notice to return to
duty, the employee shall be reinstated to the position held at the time leave was
granted. Failure on the part of the employee to report promptly at such leave's
expiration and receipt of notice to return to duty shall be cause for discharge.
4. During any authorized leave of absence without pay, an employee
shall not be eligible to accumulate or receive fringe benefits, except as
specifically provided for in this MOU, except that the City shall contribute to an
employee's medical and dental health plan, disability insurance plan, and life
insurance plan for the first 30 days of leave of absence.
B. Military Leave of Absence
1. Military leave shall be granted in accordance with the provisions of
State law. All employees entitled to military leave shall give the Department Head
an opportunity within the limits of military regulations to determine when such
leave shall be taken. Whenever possible, the employee involved shall notify the
Department Head of such leave request 10 working days in advance of the
beginning of the leave.
2. In addition to provision of State law, the City shall continue to
provide eligible employees on military leave, the current health benefits (medical,
dental, disability and life insurance and retirement (if applicable) for the first 3
months of military leave. During said period, the employee shall be required to
pay to the City the same co-payments as required of other employees.
SBSPA
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Resolution Number 5853-C
SBSPA
3. After the first 3 months of military leave, the employee may
continue said benefits at his cost.
C. Pregnancy Disability Leave of Absence
1. An employee who is disabled due to pregnancy shall be granted a
pregnancy disability leave as provided by the State of California and the Federal
Family Medical Leave Act. The employee may elect to take a lesser period of
leave.
2. Disabilities arising out of pregnancy shall be treated the same as
other temporary disabilities in terms of eligibility for, or entitlement to, leave with
or without pay.
D. Family Leave - Upon a demonstration of need and subject to the following
conditions, an employee may take leave or unpaid leave to care for his newborn
infant, whether through parentage or adoption, or to care for a seriously ill or
injured member of the employees "immediate family" as defined in Section 6.
1. Proof of the birth or adoption of a newborn infant or the serious
illness/injury of the family member must be submitted to the City.
2. Requests for family leave must be submitted in writing to the
employee's supervisor at the earliest possible date proceeding the time when the
leave is to begin.
3. Operational needs of the City shall be relevant in determinations
regarding the granting of family leave in accordance with the provisions of State
and Federal Family Leave laws.
4. In the event of an extended family leave, the employee may be
required to periodically report on the status of the situation giving rise to the
leave.
5. Family leave may be granted only upon the recommendation of the
Department Head and approval of the City Manager consistent with the
provisions of State and Federal Family Leave laws.
6. A maximum of 400 working hours of family leave in any
combination of sick leave and unpaid leave may be taken during any 2 year
period unless a greater amount is prescribed by state or federal law.
E. Catastrophic Leave -The purpose of the Catastrophic Leave Pool is to
enable full time employees to receive and donate vacation, administrative leave,
and CTO leave credits on an hour for hour basis to assist employees who have
no leave and who will suffer a financial hardship due to prolonged illness or injury
to themselves or a member of their immediate family. Sick Leave is excluded
from this program.
The following conditions shall apply to Catastrophic Leave:
1. Catastrophic Leave will be available only to employees who have
exhausted their own paid leave through bona fide serious illness or accident.
2. The leave pool shall be administered by the Administrative Services
Department.
3. Employees must be in regular full-time appointed positions to be
eligible for catastrophic leave.
4. Employees receiving Long-Term Disability payments are excluded
from this program.
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Resolution Number 5853-C SBSPA
5. All donations are to be confidential, between the donating
employee and the Administrative Services Department.
6. Employees donating to the pool must have 40 hours of paid leave
available after making a donation.
7. Donating employees must sign an authorization, including
specifying the specific employee to be a recipient of the donation.
8. Donations will be subject to applicable tax laws.
9. The availability of Catastrophic Leave shall not delay or prevent the
City from taking action to medically separate or disability retire an employee.
10. Catastrophic Leave due to illness or injury of an immediate family
member may require medical justification as evidenced by a Physician's
Statement that the presence of the employee is necessary.
11. Catastrophic Leave due to the illness or injury of the employee will
require medical justification as evidenced by a Physician's Statement as to the
employee's condition.
SECTION 23: MISCELLANEOUS
Layoff: The City is to give Association 45 days prior notice before the effective
date of any layoffs. During this 45 day period, the City will, upon request, meet
and confer on the impact of the layoffs.
SECTION 24: TERM
The term of this Resolution shall commence on April 13, 2009 and shall continue
through June 30, 2012.
SECTION 25: APPEALS
A. Personnel rule 12.12 notwithstanding unit employees shall be allowed to
appeal written reprimands to the Personnel Officer. Such appeals shall be filed
within 14 calendar days. The decision of the Personnel Office shall be final.
B. The Association and City agree that hearings held pursuant to Personnel
Rule 10.02, Automatic Resignation shall be interpreted to allow employees to
present evidence showing the absence was for good cause and that
circumstance prevented them from contacting the City.
SECTION 26: REOPENER
City and Association agrees to reconvene during the terms of this MOU to discuss
all fringe benefits, including but not limited to health plans, the implementation of
HSA or HRA programs for employee and retiree medical premiums.
SECTION 27: RATIFICATION
This Memorandum of Understanding is subject to approval and adoption by the
City Council and ratification of the required number of the duly authorized
representatives of the Association. Following such approval and adoption, the
Memorandum of Understanding shall be implemented by the appropriate
resolution(s), ordinance(s), or other written action of the City Council.
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Resolution Number 5853 - SBSPA
IN WITNESS HEREOF, the parties have hereto caused this Memorandum of
Understanding to be executed this 13th day of April , 2009.
CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVES:
~~ ~.---.~ Date: ~' I `/'o~
David N. Carmany, City Manager
Robbeyn .Bird, Director of
Administrative Services/City Treasurer
Manager
mone, Director of Public Works
Date: ~ . ~~ ~ 09
Date: 13 0~
Date: ~ ' ~~
SEAL BEACH SUPERVISORS AND PROFESSIONALS ASSOCIATION
REPRESENTATIVES:
Date: ~~/ 9
Lucy Ag' , Pr ident
Date: D ~~ ~ 1
Gre io Daniel, Teamsters
is ~~~, Date: C9y/ai /o ~'
Nick Bolin
~~~~~
Anita Chapanond
g ~~--
Bob Eagle
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Date: o ~{ v r ozoo y
Date: ~y~~Z~~°~
Resolution Number 5853
City of Seal Beach
Exhibit 1-Regular Employees Pay Structure
April 13, 2009
Grade Job Classifications Step 1 Step 2 Step 3 Step 4 Step 5
1 $2,937 $3,084 $3,238 $3,400 $3,570
2 $3,011 $3,161 $3,319 $3,485 $3,660
3 $3,086 $3,240 $3,402 $3,573 $3,751
4 $3,163 $3,321 $3,488 $3,662 $3,845
5 $3,242 $3,404 $3,575 $3,753 $3,941
6 $3,323 $3,490 $3,664 $3,847 $4,040
7 $3,406 $3,577 $3,756 $3,943 $4,141
8 Communit Services Officer $3,492 $3,666 $3,850 $4,042 $4,244
Maintenance Worker
9 Accountin Technician $3,579 $3,758 $3,946 $4,143 $4,350
10 $3,668 $3,852 $4,044 $4,247 $4,459
11 $3,760 $3,948 $4,146 $4,353 $4,570
12 Senior Communit Services Officer $3,854 $4,047 $4,249 $4,462 $4,685
Senior Maintenance Worker
Water O erator
13 Executive Assistant $3,950 $4,148 $4,355 $4,573 $4,802
Senior Accountin Technician
14 Communit Services Coordinator $4,049 $4,252 $4,464 $4,688 $4,922
15 $4,150 $4,358 $4,576 $4,805 $5,045
16 Senior Water O erator $4,254 $4,467 $4,690 $4,925 $5,171
17 $4,361 $4,579 $4,808 $5,048 $5,300
18 De ut Cit Clerk $4,470 $4,693 $4,928 $5,174 $5,433
Lead Communit Services Officer
19 Electrician $4,581 $4,810 $5,051 $5,303 $5,569
20 E ui ment Services Su ervisor $4,696 $4,931 $5,177 $5,436 $5,708
21 $4,813 $5,054 $5,307 $5,572 $5,851
22 $4,934 $5,180 $5,439 $5,711 $5,997
23 Marine Safet Officer $5,057 $5,310 $5,575 $5,854 $6,147
24 Jail Services Su ervisor $5,183 $5,443 $5,715 $6,000 $6,300
25 Accountant $5,313 $5,579 $5,858 $6,150 $6,458
Maintenance Services Su ervisor
Water Services Su ervisor
26 Communit Services Su ervisor $5,446 $5,718 $6,004 $6,304 $6,619
Mana ement Anal st
27 Police Officer $5,582 $5,861 $6,154 $6,462 $6,785
28 Assistant En ineer $5,721 $6,008 $6,308 $6,623 $6,955
Police Records Su ervisor
29 Emer enc Services Coordinator $5,865 $6,158 $6,466 $6,789 $7,128
Police Cor oral
30 $6,011 $6,312 $6,627 $6,959 $7,307
31 Marine Safet Lieutenant $6,161 $6,469 $6,793 $7,133 $7,489
32 $6,315 $6,631 $6,963 $7,311 $7,676
33 Senior Accountant $6,473 $6,797 $7,137 $7,494 $7,868
34 $6,635 $6,967 $7,315 $7,681 $8,065
35 $6,801 $7,141 $7,498 $7,873 $8,267
36 Associate En ineer $6,971 $7,320 $7,686 $8,070 $8,473
Senior Planner
37 Police Ser eant $7,145 $7,503 $7,878 $8,272 $8,685
38 $7,324 $7,690 $8,075 $8,478 $8,902
39 Maintenance Services Mana er $7,507 $7,882 $8,277 $8,690 $9,125
Marine Safet Chief
40 Cit Clerk $7,695 $8,080 $8,483 $8,908 $9,353
41 $7,887 $8,281 $8,696 $9,130 $9,587
42 $8,084 $8,489 $8,913 $9,359 $9,827
43 $8,286 $8,701 $9,136 $9,593 $10,072
44 Police Lieutenant $8,494 $8,918 $9,364 $9,832 $10,324
45 $8,706 $9,141 $9,598 $10,078 $10,582
46 $8,924 $9,370 $9,838 $10,330 $10,847
47 Cit En ineer $9,147 $9,604 $10,084 $10,588 $11,118
48 $9,375 $9,844 $10,336 $10,853 $11,396
49 $9,610 $10,090 $10,595 $11,124 $11,681
50 Police Ca tain $9,850 $10,342 $10,860 $11,403 $11,973
51 Assistant to the Cit Mana er $10,096 $10,601 $11,131 $11,688 $12,272
Director of Develo ment Services
52 $10,349 $10,866 $11,409 $11,980 $12,579
53 $10,607 $11,138 $11,695 $12,279 $12,893
54 $10,872 $11,416 $11,987 $12,586 $13,216
55 Director of Public Works $11,144 $11,702 $12,287 $12,901 $13,546
Director of Administrative Services/Cit Treasurer
56 •~ $11,423 $11,994 $12,594 $13,223 $13,885
57 $11,708 $12,294 $12,909 $13,554 $14,232
58 $12,001 $12,601 $13,231 $13,893 $14,588
59 Chief of Police $12,301 $12,916 $13,562 $14,240 $14,952
60 $12,609 $13,239 $13,901 $14,596 $15,326
61 $12,924 $13,570 $14,249 $14,961 $15,709
62 $13,247 $13,909 $14,605 $15,335 $16,102
63 $13,578 $14,257 $14,970 $15,719 $16,504
64 $13,918 $14,614 $15,344 $16,111 $16,917
Current
65 Clty Manager (adjustments per Mgmt COLA) $16,958 Range Mawmum= $17,340
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