HomeMy WebLinkAboutCC AG PKT 2009-04-13 #DAGENDA STAFF REPORT
DATE: April 13, 2009
TO: Honorable Mayor and City Council
THRU: David N. Carmany, City Manager
FROM: Jill R. Ingram, Assistant to the City Manager
SUBJECT: PROPOSED RESOLUTIONS: (1) ESTABLISHING THE
TERMS & CONDITIONS OF EMPLOYMENT FOR
EXECUTIVE/MID-MANAGEMENT EMPLOYEES AND
THE 2009 CITY PAY STRUCTURE; (2) APPROVING
THE MEMORANDA OF UNDERSTANDING (MOU)
BETWEEN THE CITY AND THE ORANGE COUNTY
EMPLOYEES ASSOCIATION (OCEA); AND (3)
APPROVING THE MEMORANDA OF
UNDERSTANDING (MOU) BETWEEN THE CITY AND
THE SEAL BEACH SUPERVISORS &
PROFESSIONALS ASSOCIATION (SBSPA)
SUMMARY OF REQUEST:
Staff respectfully requests that the Council adopt: 1. Resolution No. 5853
establishing terms and conditions of employment for Executive/Mid-Management
and the 2009 City of Seal Beach Pay Structure for regular full-time employees; 2.
Resolution No. 5853-B approving the MOU with OCEA with an effective date of
April 13, 2009; and 3. Resolution No. 5853-C approving the MOU with SBSPA
with an effective date of April 13, 2009.
BACKGROUND:
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. The City reviewed the Study, and received further input from
CMS concerning the Study's findings and conclusions. Based upon the findings
and recommendations, the City Council directed City management to negotiate
with the City employees and to develop a pay structure.
In March 2009, the City met and collectively bargained in good faith with the Seal
Beach Supervisors & Professionals Association ("SBSPA") and the Orange
Agenda Item
Page 2
County Employees Association ("OCEA") as to wages, hours, and working
conditions. Based upon such collective bargaining, the City and the SBSPA and
the OCEA drafted memoranda of understanding for each group.
On March 10, 2009, the terms and conditions of a tentative agreement were
reached between the City and OCEA. On March 16, 2009, the terms of a
tentative agreement were reached between the City and the SBSPA. The
memoranda of understanding attached to Resolution No. 5853A and Resolution
No. 58536, respectively, incorporate the terms and conditions of the agreements.
The OCEA has accepted the terms, conditions and provisions set forth in its
MOU, and its authorized representatives have executed that MOU. Likewise, the
SBSPA has accepted the terms set forth in its MOU, and its authorized
representatives have executed that MOU. Each MOU has a term of April 13,
2009 through June 30, 2012.
To address executive and mid-management employees, and using the findings
and recommendations contained in the Study, staff has drafted proposed
Resolution No. 5853A, which includes the terms and conditions of employment
for those employees. !n addition, Resolution No. 5853A includes a proposed
2009 pay structure for all regular City full-time employees. The terms and
conditions and 2009 pay structure are consistent with and implement the
Council's authorization and direction.
FINANCIAL IMPACT:
Funds in the amount of $300,000 have been previously designated by the City
Council for salary increases. In subsequent years, funds will be appropriated
through the budget process.
RECOMMENDATION:
Staff respectfully requests that the Council adopt: 1. Resolution No. 5853A
establishing terms and conditions of employment for Executive/Mid-Management
and the 2009 City of Seal Beach Pay Structure for regular full-time employees; 2.
Resolution No. 58536 approving the MOU with OCEA with an effective date of
April 13, 2009; and 3. Resolution No. 5853C approving the MOU with SBSPA
with an effective date of April 13, 2009.
SUBMITTED BY:
Jill .Ingram
sistant to the City ager
NOTED AND APPROVED:
~~~
David N. Cari~any
City Manager
Attachment(s):
A. Resolution No. 5853
B. Resolution No. 5853-B
C. Resolution No. 5853-C
Page 3
ATTACHMENT "A"
RESOLUTION NO. 5853 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SEAL BEACH
ESTABLISHING THE TERMS ' & CONDITIONS OF
EMPLOYMENT WITH THE EXECUTIVE/MID-
MANAGEMENT EMPLOYEES, FROM APRIL 13, 2009
-JUNE 30, 2012
RESOLUTION NUMBER 5853
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
ESTABLISHING THE TERMS & CONDITIONS OF EMPLOYMENT
FOR EXECUTIVE/MID-MANAGEMENT EMPLOYEES AND THE
2009 PAY STRUCTURE FOR REGULAR FULL-TIME EMPLOYEES
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 Ciry Council has reviewed the Study, and received input from
City staff and CMS concerning the Study's findings and conclusions.
Section 3. Based upon the foregoing, the Council hereby establishes:
A. The "Terms & Conditions of Employment with the
Executive/Mid-Management Employees" (attached) and incorporated by this
reference; and
B. The 2009 City of Seal Beach Pay Structure for regular full-
time employees attached hereto as Exhibit "1" and incorporated by this
reference.
Section 4. The effective date of this Resolution is April 13, 2009.
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
ATTEST:
Mayor
City Clerk
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 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 April , 2009.
City Clerk
Adopted by Resolution No. 5853
EXECUTIVE MANAGEMENT
MID-MANAGEMENT
TERMS & CONDITIONS OF EMPLOYMENT
AND
REGULAR EMPLOYEES PAY STRUCTURE
ADOPTED: April 13, 2009
EXPIRES: JUNE 30, 2012
Resolution Number 5853 Executive/Mid Management
TAELE OF CONTENTS
SECTION 1: MANAGEMENT RIGHTS ...................................................................4
SECTION 2: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY
INSURANCE
A. Health Insurance Coverage ......................................................................4
B. Life Insurance ...........................................................................................5
C. Income Continuation .................................................................................5
SECTION 3: RETIREE HEALTH INSURANCE ......................................................5
SECTION 4: SICK LEAVE ......................................................................................7
SECTION 5: LEAVES OF ABSENCE
A. Authorized Leave of Absence without Pay ...............................................7
B. Bereavement Leave ..................................................................................7
C. Military Leave of Absence ........................................................................8
D. Pregnancy Disability Leave of Absence ...................................................8
E. Family Leave ............................................................................................8
F. Catastrophic Leave ...................................................................................9
SECTION 6: VACATION .........................................................................................9
SECTION 7: HOLIDAYS
A. Holidays ..................................................................................................10
B. Holiday Closures .....................................................................................11
SECTION 8: RETIREMENT SYSTEM ...................................................................11
SECTION 9: PROVISIONAL APPOINTMENTS ...................................................11
SECTION 10: SENIORITY BONUS ......................................................................12
SECTION 11: AUTOMOBILES AND MILEAGE ...................................................12
SECTION 12: MOBILE PHONE ALLOWANCE ...................................................12
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Resolution Number 5853 Executive/Mid Management
SECTION 13: ADMINISTRATIVE LEAVE ............................................................12
SECTION 14: LIMITATIONS .................................................................................13
SECTION 15: DEFERRED COMPENSATION .....................................................13
SECTION 16: BILINGUAL COMPENSATION ......................................................13
SECTION 17: WORK SCHEDULE ........................................................................13
SECTION 18: SALARIES ......................................................................................13
SECTION 19: TUITION REIMBURSEMENT .........................................................14
SECTION 20: TERM ..............................................................................................14
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Resolution Number 5853 Executive/Mid Management
TERMS & CONDITIONS OF EMPLOYMENT
BETWEEN
THE CITY OF SEAL BEACH
AND
EXECUTIVE MANAGEMENT
AND MID-MANAGEMENT EMPLOYEES
SECTION 1: MANAGEMENT RIGHTS
The City reserves, retains and is vested, solely and exclusively, with all rights of
Management which have not been expressly abridged by specific provisions of
this Resolution of Compensation, as such rights existed prior to the execution of
this Resolution.
SECTION 2: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY
INSURANCE
A. Health Insurance Coverage
I. The City shall provide for full-time employees and eligible retired
employees a group hospital, medical and dental insurance plan.
2. 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. The City shall contribute and equal amount towards the cost of
medical coverage under PEMHCA for both active eligible employees and eligible
retirees.
3. The City shall implement a full flex cafeteria plan for eligible
employees in accordance with the criteria provided to the employees during
negotiations. For employees participating in the City's full flex cafeteria plan,
each employee shall receive a monthly flex dollar allowance to be used for the
purchase of benefits under the full flex cafeteria plan. The monthly flex dollar
allowance shall be:
For Sin le Em to ees $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 flex dollar allowance is identified as the
City's contribution towards PEMHCA. Thus, for example, in calendar year 2009,
a single employee's monthly flex dollar allowance is $550, of that $550; $101 has
been designated by the City as its required PEMHCA contribution to Ca1PERS.
The monthly flex dollar allowance may only be used in accordance with the terms
of the full flex cafeteria plan.
5. Effective January 1, 2010, and every January 1st during the term of
this agreement, the City shall increase the contribution amounts above by the
percentage of increase for basic plans published in the CaIPERS circular letter
setting health insurance premiums for the coverage year.
6. Employees enrolled in the plan are required to pay any premium
amounts in excess of the above City contribution. Such amounts will be
deducted from the affected employee's payroll check on the 1st 2 pay periods for
each month.
7. Beginning January 2009, the minimum employer contribution for
participating in the PEMHCA will be adjusted annually to reflect any change in
the medical care component of the Consumer Price Index. Effective January 1,
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Resolution Number 5853 Executive/Mid Management
2009, the minimum employer contribution is $101 per month per
employee/retiree and $105 per month per employee/retiree by calendar year
2010.
8. Employees meeting the waiver criteria and electing to waive
enrollment in the City's full flex 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.
9. Part-time, seasonal, provisional and/or hourly employees shall not
be eligible for participation in this program.
10. No person who is eligible to receive Worker's Compensation
benefits is eligible to receive benefits from the Ciry's group medical insurance.
11. Full-time employees of the City who have completed 30 days of
uninterrupted service shall be enrolled in the full flex cafeteria plan on the 1st day
of the next succeeding month.
12. Employees who change classification from full-time to part-time
provisional, hourly, or seasonal shall not be eligible for participation in the full flex
cafeteria plan.
13. The City shall not contribute a flex dollar amount 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 a flex dollar amount for eligible employees receiving temporary
payments from Workers' Compensation Insurance.
B. Life Insurance
1. All employees incumbent in position classifications listed in Section
18 shall receive a $50,000 life insurance policy paid by the City.
2. 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 1 st day of the next succeeding month.
C. Income Continuation
1. All employees incumbent in position classifications listed in Section
18 shall receive an income continuation 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.
2. 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.
3. 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 3: RETIREE 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. ~ All incumbents in the Executive Management classification who retire on
or before December 31, 2009, with 20 or more combined years of employment
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Resolution Number 5853 Executive/Mid Management
with the City shall, upon retirement, be provided with individual and eligible
dependent health insurance coverage. The City shall contribute monthly to the
cost of the selected coverage consistent with the appropriate level as specified in
Section 2 -Ain this resolution.
C. All incumbents in the Executive Management classifications who were
hired before January 1, 2008, and who retire after December 31, 2009, with 20 or
more combined years of employment with the City shall, upon retirement, be
provided with individual health insurance coverage. if said employee has 20 or
more combined years of employment with the City upon retirement, eligible
dependent health insurance coverage shall also be provided at the rate of (a) the
average of the 2 lowest cost health care plans offered by CaIPERS, or (b) the
CaIPERS Kaiser HMO, whichever is greater. When the retired employee
becomes Medicare eligible, the City's contribution will be capped at the rate of (a)
the average of the 2 lowest costs medicate supplement plans offered by
CaIPERS, or (b) the CaIPERS Kaiser HMO Medicare supplement plan,
whichever is greater.
D. All incumbents in the Mid-Management classification who retire after
December 31, 2007, and on or before December 31, 2009, with 20 or more
combined years of employment with the City shall, upon retirement, be provided
with individual and eligible dependent health insurance coverage. The City shall
contribute monthly to the cost of the selected coverage consistent with the
appropriate level as specified in Section 2 -Ain this memorandum.
E. All incumbents in the Mid-Management classification who were hired
before January 1, 2008, and who retire after December 31, 2009, with 20 or more
combined years of employment with the City shall, upon retirement, be provided
with individual health insurance coverage. 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 at the rate of (a) the average of
the 2 lowest costs health care plans offered by CaIPERS, or (b) the CaIPERS
Kaiser HMO, whichever is greater. When the retired employee becomes
Medicare eligible, the City's contribution will be capped at the rate of (a) the
average of the 2 lowest costs medicate supplement plans offered by CaIPERS,
or (b) the CaIPERS Kaiser HMO Medicare supplement plan, whichever is
greater.
F. All full-time employees who were hired on or after January 1, 2008, and
who retire from the City, shall be eligible to receive a City contribution not to
exceed the PEMHCA minimum employer contribution towards health coverage
under CaIPERS, as determined by CaIPERS from time to time.
G. An employee with a service retirement and who is eligible to receive
retiree health insurance per Section 3, B & C of this exhibit, may also receive an
increase to the health insurance cap in effect at the time of his/her retirement (not
to exceed $175 per month in additional contributions), until Medicare begins at
age 65 with lower supplemental insurance rates. This additional contribution to
the cap will accommodate increases in health insurance plans over the term of
the employee's retirement.
H. Swom police personnel identified in Section 18 shall be subject to the
retiree health plan contained in the Memorandum of Understanding with the Seal
Beach Police Officer's Association.
I. In all cases, the City's contribution for eligible dependent coverage for
retirees shall terminate with the death of the retiree.
J. 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
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Resolution Number 5853 Executive/Mid Management
contribution the City would otherwise have contributed to that retired employee
toward health and dental insurance premiums.
SECTION 4: SICK LEAVE
A. All full-time employees covered by this memorandum shall accrue sick
leave at the rate of 1 day per month (8 hours). The maximum accrual of sick
leave hours shall be 520 hours.
B. Existing sick leave balances which have remained intact and have not
been converted to leave time may be utilized by the employee for sick leave
purposes only.
C. Upon termination of employment with the City, all compensable leave
hours will be paid to the employee at the employee's base rate of pay. Sick
leave balances which have not been converted to leave time will be paid to the
employee upon termination at 25% of the employee's base rate of pay.
D. Employees who are on authorized leaves of absence, without pay, shall
not accrue sick leave hours during said leaves of absence.
SECTION 5: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay
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 per Government
Code.
2. Upon written request of the employee, the City Council may grant a
leave of absence, with or without pay, for a period not to exceed 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 resolution, 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. Bereavement Leave
1. In case of death within the immediate family of an employee, such
employee shall be entitled to remain absent from duty with pay in order to attend
the funeral or memorial service for a maximum of 24 consecutive work hours.
For employees on a conventional 8 hour shift, this will provide for up to 3
consecutive work days. For employees working an alternate work week, they
can apply these hours to their consecutive work shifts. Vacation, comp time or
other leaves, as available, may be used to supplement Bereavement Leave to
allow to absence to span 3 shifts. The bereavement leave shall not be
chargeable to or accumulate as sick time.
2. If the funeral or memorial services are outside the state of
California, the employee will be allowed up to 16 additional hours leave with pay.
3. For the purpose of this section, immediate family is defined as
husband, wife, domestic partner as defined by that State of California, father,
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Resolution Number 5853 Executive/Mid Management
mother, grandfather, grandmother, sister, brother, son, daughter, mother-in-law,
father-in-law, stepchild, stepmother, stepfather, or such person who has served
in the place of the employee's parent.
4. Such leave shall not be charged against the employee's sick leave
accrual.
C. 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 Ciry 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. After the
first 3 months of military leave, the employee may continue said benefits at his
cost.
D. 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.
E. 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 5 - B.
1. Proof of the birth or adoption of a newbom infant or the serious
illness~njury 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.
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Resolution Number 5853 Executive/Mid Management
F. Catastrophic Leave -The purpose of the Catastrophic Leave Pool is to
enable full time employees to receive and donate vacation, administrative leave,
and Compensatory Time Off (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 Finance 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.
5. All donations are to be confidential, between the donating
employee and the Finance 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 6: VACATION
A. Executive Management employees who shall have at least one year's
continuous service as a full time employee immediately preceding shall be given
a vacation of approximately 120 hours with pay each year. Executive
Management employees shall be entitled to 8 additional hours of vacation for
each year of full-time continuous service each year thereafter.
B. All mid-management employees who shall have at least one year's
continuous service as a full-time employee immediately preceding shall be given
a vacation of approximately 80 hours with pay each year.
C. All Executive Management employees shall only be allowed to accrue a
maximum of 320 hours of vacation. This maximum can only be exceeded with
approval of the City Manager.
D. All mid-management employees, who shall have at least 3 years of
continuous service shall be entitled to 8 additional hours of vacation for each
year of full-time continuous service in excess of 3 years. The vacation accrual
schedule for mid-management employees is as follows: _
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Resolution Number 5853 Executive/Mid Management
Years
Service Vacation
Hours
Earned Maximum Hourly
Accrual Rate /Pay
Period Bi-Weekl Annual
Vacation
Hours Maximum
Vacation
Accrual
1 80 3.0769 80 160
2 80 3.0769 80 160
3 80 3.0769 80 160
4 88 3.3846 88 200
5 96 3.6923 96 200
6 104 4.0000 104 200
7 112 4.3076 112 200
8 120 4.6153 ~ 120 200
9 128 4.9230 128 240
10 136 5.2307 136 240
11 144 5.5384 144 240
12 152 5.8461 152 240
13 160 6.1538 160 240
E. Employees of the City considered as hourly, part-time and/or seasonal
employees shall not be eligible for paid vacations.
F. Employees who have authorized leaves of absence without pay shall not
accumulate vacation credits or pay during said leave of absence.
G. Employees are encouraged to use at least the amount of vacation hours
earned each fiscal year. Those employees who have been credited in excess of
the maximum vacation accrual allowed are expected to use a portion of the
excess as leave time, in addition to other vacation time, 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 the
maximum accrual level. 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. The time at which an employee shall take 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, 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 one 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 vacation time off within that fiscal year.
SECTION 7: HOLIDAYS
A. All employees incumbent in position classifications listed in Section 18
shall be granted the following holidays with pay:
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Resolution Number 5853 Executiver'Mid Management
Holida Date
New Year's Da Janua 1st
Martin Luther Kind Da 3rd Monda in Janua
President's Da 3rd Monda in Februa
Memorial Da Last Monda in Ma
Inde endence 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
'Floatin Holida 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 this agreement.
B. Holiday Closures -The City Manager may designate up to 5 specific work
days in each calendar year between Christmas Day and New Years 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.
SECTION 8: RETIREMENT SYSTEM
A. The retirement program provided by the City shall consist of a pooled
Public Employee's Retirement System (PERS) plan which includes the following
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 employee's base salary.
C. All employees incumbent in Police and Marine Safety position
classifications listed in Section 18 shall participate in the 3% ~ 50 formula plan
for Local Safety Members.
D. Effective November 1, 1995, the City shall include CaIPERS Section
21251.32 - 2% ~ 55 for miscellaneous members.
E. City agrees to study the enhancement of retirement benefits to the current
CaIPERS 2% at 55 program either through CaIPERS or other options available
through PARS. The City's commitment to study this issue in no way binds the
City to any type or form of enhancement now or in the future.
SECTION 9: 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 -
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Resolution Number 5853 Executive/Mid Management
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 next higher than the salary received before the provisional
appointment.
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 10: 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. Swom police personnel are exempt from this section.
SECTION 11: AUTOMOBILES AND MILEAGE
A. 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 Internal Revenue
Service (IRS).
B. Incumbents in the following positions will receive a monthly automobile
allowance of $350 dollars in lieu of the above-stated mileage reimbursement:
Assistant to the City Manager, Director of Public Works, Director of
Administrative Services, City Clerk, and Director of Development Services. The
City Manager position will receive a monthly automobile allowance as defined by
contract [currently $500]. The City Manager, Maintenance Services Manager,
Marine Safety Chief and Chief of Police positions will receive a monthly
automobile or the use of a City vehicle.
SECTION 12: MOBILE PHONE ALLOWANCE
Incumbents in the following positions will receive a monthly mobile phone
allowance in accordance with City Policy 200-19 [currently $75] per month:
Assistant to the City Manager
Associate Engineer
Chief of Police
City Clerk
City Engineer
City Manager
Director of Administrative Services/City Treasurer
Director of Development Services
Director of Public Works
Maintenance Services Manager
Marine Safety Chief
Marine Safety Lieutenant
SECTION 13: ADMINISTRATIVE LEAVE
Effective the 1st payroll period in April, 2009, and every July 1st thereafter:
A. Mid -Management position classifications, unless otherwise specified,
shall be entitled to 40 hours of administrative leave each fiscal year.
B. All incumbents in Executive Management position classifications shall be
entitled to 96 hours of administrative leave each fiscal year. _
12 of 14
Resolution Number 5853 Executive/Mid Management
C. Administrative leave days may not be carried forward to succeeding years
nor may they be turned in for cash value.
SECTION 14: LIMITATIONS
A. No employee who is eligible to receive Workers' Compensation 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 15: DEFERRED COMPENSATION
The City shall contribute the equivalent to 3.5% of base salary per payroll period
into a deferred compensation program for each incumbent in the Executive
Management and Mid-Management position classifications.
SECTION 16: 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 17: WORK SCHEDULE
At the discretion of the City Manager, work schedules may be altered as needed
to meet the service demand levels of the residents of the City of Seal Beach.
SECTION 18: SALARIES
A. Effective the first payroll period following April 13, 2009:
Executive Management
~G'rade: ^~~;,~.1o6.;Gla'ssifications..;y _ -a:~:
65 City Manager
59 Chief of Police
55 Director of Administrative Services
55 Director of Public Works
51 Director of Development Services
51 Assistant to City Manager
39 Marine Safety Chief
Elected Official
~fr;Grad'e'~' ~t ~~~;Joti~Classifieatioii§r' `~
40 City Clerk
13 of 14
Resolution Number 5853 Executive/Mid Management
Mid-Manaaement
;Grade -t ~:. - x ~ :..~,.•..: .
a ~~;>,.J~ot`Clas'sifreatton µ mr z
47 City Engineer
39 Maintenance Services Manager
36 Senior Planner
36 Associate Engineer
33 Senior Accountant
31 Marine Safety Lieutenant
29 Emergency Services~Coordinator
25 Accountant
`See `2xhibit 1"for complete list of Regular Emolovees Pav Structure
8. Effective the first payroll period in July, 2010, a CPI (April - Maroh Orange
County, Los Angeles & Riverside Counties) adjustment capped at 4% for
Executive Management, Elected Official, and Mid-Management.
C. Effective the first payroll period in July, 2011, a CPI (April -March Orange
County, Los Angeles & Riverside Counties) adjustment capped at 4% for
Executive Management, Elected Official, and Mid-Management.
SECTION 19: TUITION REIMBURSEMENT
A. Higher Education Degree Programs -Executives and Mid-Managers
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 each
calendar year at the tuition rate of the Cal State University system for up to 2
semesters of full-time, undergraduate enrollment.
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.
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 (aoorox )
TOTAL $1,480.00
SECTION 20: TERM
The term of these provisions shall commence on A_ Aril 13. 2009. and shall
continue through June 30. 2011.
14 of 14
City of Seal Beach
Exhibit 1-Regular Emolovees Pav Structure
April 13, 2009
Resolution Number 5853
Grade Job Classifications Ste 1 Ste 2 ~ 'Ste 3 Ste 4 Ste 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 Communi Services Officer $3,492 $3,666 $3,850 $4,042 $4,244
Maintenance Worker
9 Accountin Technician $3,579 $3,758 $3,94fi $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 Communi Services Officer $3,654 $4,047 $4,249 $4,462 $4,685
Senior Maintenance Worker
WaterO eretor
13 Executive Assistant $3,950 $4,148 $4,355 $4 573 $4 802
Senior Accountin Technician
14 Communi 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 u Ci Clerk $4,470 $4 693 $4,928 $5 174 $5 433
Lead Communi 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 $5,160 $5,439 $5,711 $5,997
23 Marine Safe Officer $5,057 $5,310 $5,575 $5,854 $fi 147
24 Jail Services Su ervisor $5,183 $5 443 $5 715 $6,000 $6 300
25 Accountant $5,313 $5,579 55,858 $6,150 $6,458
Maintenance Services Su ervsor
Water Services Su ervisor
26 Communi Services Su ervisor $5,446 $5 718 $6,004 $6,304 $6,619
Mena 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 Eme en Services Coordinator $5,865 $6,158 $6,466 $6,789 $7 128
Police Co 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 $8,287
36 Associate En ineer $6 971 $7,320 $7,686 $8,070 $8,473
Senior Planner
37 Police Se cant $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 Ci 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 Ci En ineer $9,147 $9 604 $10,084 $10,588 $11,118
48 $9 375 $9,844 $10,336 $10 853 $11,396
49 $9610 $10,090 $10595 $11,124 $11,681
50 Police Ca fain $9,850 $10,342 $10860 $11,403 $11,973
51 Assistant to the Ci 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 $11138 $11,695 $12,279 $12,893
54 $10,872 $11416 $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/Ci Tre asurer
Sfi
57 $11,423
$11,708 $11994
$12,294 $12,594
$12,909 $13,223
$13554 $13,885
$14,232
58
59
Chief of Police $12,001
$12,301 $12,607
$12 916 $13,231
$13,562 $13,893
$14,240 $14,588
$14 952
60
61
62 $12,609
$12,924
$13,247 $13,239
$13,570
$13,909 $13,901
$14,249
$14,605 $14,596
$14,961
$15,335 $15,326
$15,709
$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 City Manager (adiusLnents per Mgmt CAtal $16,958 rurv^ $17340
Page 4
ATTACHMENT "B"
RESOLUTION NO. 5853-B - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SEAL BEACH
APPROVING THE MEMORANDA OF
UNDERSTANDING (MOU) BETWEEN THE CITY OF
SEAL BEACH AND THE ORANGE COUNTY
EMPLOYEES ASSOCIATION (OCEA), FROM APRIL
13, 2009 -JUNE 30, 2012
RESOLUTION NUMBER 5853-B
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING THE MEMORANDUM OF UNDERSTANDING
(MOU) BETWEEN THE CITY OF SEAL BEACH AND THE
ORANGE COUNTY EMPLOYEES ASSOCIATION (OCEA) 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 ("Stud') 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
Orange County Employees Association ("OCEA") as to wages, hours, and
working conditions. Based upon such collective bargaining, the Ciry and OCEA
developed the memorandum of understanding ("MOU") attached hereto as
Exhibit A and incorporated by this reference.
Section 4. The OCEA 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
"Orange County Employees Association Memorandum of Understanding" dated
April 13, 2009" (attached). The MOU supersedes all prior MOU's and
agreements between the City and the OCEA.
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
Mayor
ATTEST:
City Clerk
Resolution Number 5853-B
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-B 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 Aoril , 2009
City Clerk
Adopted by Resolution No. 5853-B
ORANGE COUNTY EMPLOYEES
ASSOCIATION (OCEA)
MEMORANDUM OF UNDERSTANDING
ADOPTED: APRIL 13, 2009
EXPIRES: JUNE 30, 2012
Resolution Number 5853-B OCEA
Te4~LE OF CONTENTS
SECTION 1: RECOGNITION .................................................................................. 5
SECTION 2: DUES AND BENEFIT DEDUCTIONS
A. Payroll Deductions ....................................................................................6
B. Employee Association Dues ......................................................................6
C. Indemnification .........................................................................................6
SECTION 3: CITY RIGHTS
Rights/Responsibilities ................................................................................... 6
SECTION 4: NON-DISCRIMINATION ....................................................................7
SECTION 5: COMPENSATION PLAN
A. Basic Compensation Plan ........................................................................ 8
B. Advancement within Salary Ranges .........................................................8
C. Salary Increases .......................................................................................8
D. Salary Decreases .....................................................................................9
E. Adjustment of Salary Ranges ................................................................... 9
F. Salary and Benefits on Suspension .........................................................9
G. Salary Adjustments During Term of MOU ............................................... 9
H. Miscellaneous .........................................................................................10
SECTION 6: SPECIAL PAY PROVISIONS
A. Automobiles and Mileage .......................................................................10
B. Seniority Bonus ......................................................................................10
C. Standby Compensation ..........................................................................10
D. Shift Differential ......................................................................................10
E. Traffic Signal Technician Pay .................................................................10
F. Class A/B License Pay ...........................................................................11
G. Training Program ...................................................................................11
H. Uniforms & Equipmenf/Uniform Allowance ............................................12
I. Water Treatment/Water Distribution Pay .................................................12 _
2 of 24
Resolution Number 5853-B
OCEA
J. Recertification Reimbursement ...............................................................12
K. Deferred Compensation Program ..........................................................12
SECTION 7: FRINGE BENEFIT ADMINISTRATION
A. Administration .........................................................................................12
B. Selection and Funding ............................................................................12
C. Changes .................................................................................................12
D. Compensatory Time Off (CTO) ..............................................................12
3 E. General Time (G-Time) ..........................................................................13
SECTION 8: HEALTH, DENTAL, LIFE, AND DISABILITY INSURANCE
A. Health Insurance .................................................................................... 13
B. Retirement Health Insurance .................................................................. 13
C. Life Insurance ......................................................................................... 14
D. Disability Insurance Plan ........................................................................ 14
E. Premium Only Plan (POP) ..................................................................... 14
SECTION 9: RETIREMENT ..................................................................................15
SECTION 10: HOURS OF WORK ........................................................................15
Holiday Closures ..........................................................................................15
SECTION 11: OVERTIME
A. Overtime & Call-Out Pay ........................................................................16
B. Court Time ..............................................................................................16
SECTION 12: HOLIDAYS .....................................................................................16
SECTION 13: SICK LEAVE ..................................................................................17
SECTION 14: VACATION TIME ...........................................................................18
SECTION 15: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay ............................................19
B. Bereavement Leave ...............................................................................20
3 of 24
Resolution Number 5853-B
OCEA
C. Military Leave of Absence ......................................................................20
D. Pregnancy Disability Leave of Absence .................................................20
E. Family Leave ..........................................................................................20
F. Catastrophic Leave .................................................................................21
SECTION 16: JURY DUTY ..................................................................................21
SECTION 17: PROBATIONARY PERIODS
A. Appointment Following Probation Period ...............................................22
B. Objective of Probationary Period ............................................................22
C. Employee Performance Appraisal .........................................................22
D. Rejection of Probationary Employee ......................................................22
SECTION 18: LAYOFF PROCEDURES ...............................................................22
SECTION 19: SAFETY COMMITTEE PROGRAM ...............................................23
SECTION 20: DRUG 8 SUBSTANCE ABUSE POLICY FOR COMMERCIAL
DIRVER LICENSE HOLDERS
Anti-Drug & Alcohol Policy ...........................................................................23
SECTION 21: ENTIRE MEMORANDUM OF UNDERSTANDING
Merger of Negotiations .................................................................................23
Separability ..................................................................................................23
Reopener Clause .........................................................................................23
SECTION 22: TERM OF MEMORANDUM OF UNDERSTANDING ....................23
SECTION 23: EMERGENCY WAIVER PROVISION ............................................24
SECTION 24: RATIFICATION ...............................................................................24
4 of 24
Resolution Number 5853-B OCEA
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SEAL BEACH
AND
ORANGE COUNTY EMPLOYEES 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 Orange
County Employees Association (OCEA), an association of employees of the City of
Seal Beach, hereinafter referred to as "Association" representing all full-time non-
safety employees of the City except those employees determined to be
professional, confidential, administrative, management and certain specified
supervisory employees.
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, providing that such time shall not
exceed 2 hours in any 1 week unless agreed to by City. City also agrees that such
representatives may utilize not more than 1 hour per month or 12 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. The City shall provide a bulletin board in each of the following locations:
Public Works Yard, Administration Building, and Police Department. Such bulletin
boards to be available for the purpose of posting notices pertaining to Association
business only. Association shall not use any other bulletin board within City
facilities.
E. The 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.
F. 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.
G. 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.
H. During the term of this MOU, the City shall provide to the Association, upon
receipt of a written request, a listing of all current employees in this unit not
exceeding 2 per year. Such listing shall include employee name and job
classification. The Association agrees to pay necessary costs to provide such lists.
5 of 24
Resolution Number 5853-B OCEA
I. 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.
SECTION 2: DUES AND BENEFIT DEDUCTIONS
A. Payroll Deductions -The City shall not be required to make payroll
deductions for any other items or reasons except as specified in this NIOU.
Management shall determine in the interest of cost and efficiency as to whether
said deductions shall be on a monthly basis or on each semi-monthly payroll.
Management may require notice from employee of any change or modification in
any payroll deduction authorized in this section of this MOU. Said notice may be
required at least 10 days prior to the effective date of said requested modification
or change. Management agrees that payroll deductions are authorized for
purposes of any employee depositing funds or making payments directly to a
federal credit union providing that any deduction shall not be less than $5.00 on a
monthly basis, or $2.50 if semi-monthly deductions for such purpose as authorized
by Management.
B. Emaloyee Association Dues -City agrees to deduct regular monthly
Association dues from salary or wages of any Association member when
authorized to do so by said City employee in writing in a form satisfactory to City
and to remit such deductions to Association within 15 days after making such
deduction from an employee's salary or wages, and within the terms of the signed
deduction authorization of such City employee. The deduction of such Association
dues and the remittal of same by City to Association shall constitute payment of
said dues of such employee and member of Association.
C. Indemnification -The Association agrees to hold the City harmless and
indemnify the City against any claims, causes of actions, or lawsuits arising out of
the deductions or transmittal of such funds to the Association, except the
intentional failure of the City to transmit to the Association monies deducted from
the employees pursuant to this Article.
SECTION 3: CITY RIGHTS
A. Rights/Resaonsibilities -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 decisions.
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.
6 of 24
Resolution Number 5853-B OCEA
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 previous agreements, and to establish and change work
schedules and assignments upon reasonable notice.
10. To layoff employees from duties because of lack of work or funds, or
under conditions where continued work would be ineffective ornon-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.
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
Agency 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 4: NON-DISCRIMINATION
A. The City and the Association agree that they shall not discriminate against
any employee because of race, color, sex, age, national origin, physical handicap,
marital status, political or religious opinions or affiliations. The City and the
Association shall reopen any provision of this MOU for the purpose of complying
with any final order of the Federal or State agency or Court of competent
jurisdiction requiring a modification or change in any provision or provisions of this
7 of 24
Resolution Number 5853-B OCEA
MOU in compliance with State or Federal anti-discrimination laws.
B. Whenever the masculine gender is used in this MOU, it shall be understood
to include the feminine gender.
SECTION 5: 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 1st 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 2nd 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 3rd, 4th and 5th 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 Salary 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 special performance advancement in salary at any time when
unusual or outstanding achievement has been demonstrated.
C. Salary 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 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 -City agrees that employees assigned, in
an acting capacity, to a higher classification than the employees' present
classification for a period of not less than 120 consecutive working hours shall be
entitled to temporary appointment pay. In addition, employees who are assigned
8 of 24
Resolution Number 5853-B OCEA
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 1st 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. Salary 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 Salary 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. Salary and Benefits on Susuension -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. Salary Adjustments During Term of Memorandum Of Understanding
1. The salary schedule for each position classification affected is
hereby determined and established upon adoption by City Council, and shall
become effective the 1st 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 pav 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 "
~."'Grade"~ __"~~__:,JobE.Classificatigris"~:• ~ ""•'
8 Community Services Officer
8 Maintenance Worker
12 Senior Community Services Officer
12 Senior Maintenance Worker
12 Water Operator
14 Communi Services Coordinator
16 Senior Water Operator
18 Lead Community Services Officer
19 Electrician
'See "Exhibit 1 "for complete list of Regular Employees Pay Structure
2. If the management representative is of the sole opinion that
recruitment, retention or other reasons necessitate other upward salary
adjustments, Management representative will meet and confer with Association on
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Resolution Number 5853-B OCEA
position classifications specified by the Management representative or Association.
Management representative may make additional recommendations to the City
Council.
3. 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.
H. Miscellaneous -The City agrees to obtain available salary benchmark
comparison CaIPACS survey data for Orange County cities for use during
negotiations for the period beginning July 2012.,
SECTION 6: SPECIAL PAY PROVISIONS
A. 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).
B. Seniority Bonus - Employees who have achieved ten years of
unintemapted employment with the City shall receive a 5% increase in base salary
effective on the payroll period following the 10th anniversary of their employment.
C. Standby Comaensation
1. Utilities Division -Each employee of the Utilities Division (Water,
Sewer) who is assigned by the Maintenance Services Manager to standby duty
will be compensated for 1 hour of overtime pay each weekday of duty and 5
hours of overtime on Saturday or Sunday or holidays. The assignment to
standby duty will be rotated among all water division personnel and other
department personnel possessing the proper water operator's certification and
having a familiarity with the water and sewer system.
2. No compensation will be provided to personnel serving as "backup"
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 11.
4. Employees assigned to standby duty are required to respond to all
emergencies on a 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 cant' with them
or have nearby, a paging device (beeper) during all non-regular working hours and
also must confine their activities to the extent that they remain within 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 Public Works Department with their telephone number.
D. Shift Differential -City agrees that employees in the Public Works
Department who are assigned duties between the hours of 4:00 a.m. and 6:30
a.m. shall be paid at a rate of time and one-half for time worked during that period.
E. Traffic Signal Technician Pav -Each employee in the Public Works
Department in the classification of Electrician who has a Level 2 Traffic Signal
Technician Certificate from the International Municipal Signal Association will be
entitled to receive $30 per payroll period.
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Resolution Number 5853-B OCEA
F. Class A/B License Pav -Each full-time employee in the Public Works
Department required by the City to maintain a Class A or B license for the
performance of their work, will be entitled to receive $30 per payroll period,
effective the first payroll period following ratification by Council. The Public Works
Director or his designee will notify Personnel Office of eligible employees.
G. Training Pro4rams
1. Reouired Training - An employee who is required by his or her
Department Head to attend a specified off-duty training course, shall, upon
submission of receipts, receive reimbursement for the following: transportation cost
where appropriate, cost of books, course registration and related expenses directly
necessary for the successful completion of the course. If required training is
necessary beyond the normal workday, workweek or work period, the employee
shall be entitled to pay computed at the regular base hourly rate or overtime hourly
rate, as applicable under the MOU, or compensatory time off subject to budget
limitations, departmental rules and regulations, and Section 7-D of this MOU.
2. Desirable Trainin4 -Desirable training is defined as an off-duty
instruction that will be mutually and immediately beneficial to the employee and the
City. Prior to enrolling in a class for desirable training, an employee wishing
reimbursement for his or her expenses shall obtain the approval of the City
Manager as to course content and its relationship to the employee's employment
with the City as well as the recommendation of the Department Head. This
approval is at the sole discretion of the City Manager. In the event the City
Manager approves such request and the employee has received a grade of "C" or
better or its equivalent grade point upon completion of the course, the employee
shall submit a copy of the official transcript and a receipt for the tuition fee to the
Personnel Office. Upon approval by the City Manager, the employee shall then be
reimbursed for the cost of tuition and books in accordance with the tuition
reimbursement policy adopted by the City. Employee shall not be entitled to either
compensated overtime or compensatory time off for participating in desirable
training or off-duty instruction.
3. 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 each calendar year at the tuition rate of the Cal State
University system for up to 2 semesters of full-time, undergraduate enrollment
each calendar year.
4. 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.
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
5. Training Conferences and Seminars -Approval for employees
attending conferences and seminars is at the sole discretion of the Department
Head and the City Manager. Prior to enrolling in a seminar or conference, an
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Resolution Number 5853-B OCEA
employee wishing reimbursement for his or her expenses shall obtain the approval
of the Department Head and the City Manager. Once approvals are given, those
employees will be reimbursed for allowable expenses per City Policy #300-10.
H. Uniforms 8 Eguipment/Uniform Allowance
1. Public Works Department Employees -Each employee of the
Department of Public Works, except clerical, engineering and related
classifications as determined by the City Manager, shall be entitled to uniform
service. The City shall pay the total cost of renting and laundering uniforms
(designated by the Department Head) for each eligible employee.
2. Police Department Employees (Non-Sworn Members) -Each non-
sworn employee of the Police Department assigned to wear a uniform as a
condition of employment shall be entitled to a sum of $30 per payroll period. In
addition, new employees of non-sworn status in the Police Department shall
receive initial uniforms as determined by the Chief of Police. Each non-sworn
employee of the Police Department NOT required to wear a uniform as a condition
of employment shall not receive a uniform allowance. Should conditions of
employment change and those classifications are required to wear a uniform, the
$30 per payroll period uniform allowance shall be reinstated.
3. Safetv Shoes -City agrees to provide acceptable safety shoes at a
maximum of $185 per year for authorized employees as designated by their
Department Head.
I. Water TreatmentlWater Distribution Pav -Each Public Works Employee
in the classification of Senior Water Operator or Water Operator who has received
a Grade III Water Treatment Operator Certificate from the California Department of
Health Services or Grade III Water Distribution Operator Certificate from the
American Water Works Association will be entitled to receive $30 per payroll
period.
J. Recertification Reimbursement - City to reimburse employees for
required water re-certification.
K. Deferred Compensation Program -The City shall contribute 1 % of base
salary per pay period into atax-qualified deferred compensation program for
eligible employees.
SECTION 7: FRINGE BENEFIT ADMINISTRATION
A. Administration -The City reserves the right to select, change, administer
or fund any fringe benefit programs involving insurance that now exists or may
exist in the future during the term of this MOU.
B. Selection and Funding - In the administration of fringe benefit programs
involving insurance, the City shall have the right to select any insurance carrier or
other method providing coverage to fund the benefits provided hereinafter during
the term of this MOU.
C. Changes -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 MOU. No changes in insurance carrier or
methods of funding coverage shall result in the reduction of any benefits to any
employee covered by this agreement, irrespective of the carrier or plan in effect
from time to time. Within the term of this agreement, the City may provide
alternative health plans.
D. Compensatory Time Off (CTOI -The maximum (cap) of CTO is 120
hours. CTO earned in excess of 120 hours will be paid as overtime during the pay
period accrued. -
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Resolution Number 5853-B OCEA
E. General Time (G-Time) - G-Time must be exhausted by June 30, 2010.
G-Time may be utilized as vacation or sick leave up to 160 per fiscal year, or
may be assigned as deferred compensation or cash up to 160 hours per fiscal
year.
SECTION 8: HEALTH INSURANCE COVERAGE: LIFE 8 DISABILITY
INSURANCE
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 flex dollar allowance to be used for the purchase of benefits under the
cafeteria plan. The monthly 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 flex 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 full
flex 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.
6. Full-time employees of the City who have completed 30 days of
uninterrupted service shall be enrolled in the full flex 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 full flex
cafeteria plan.
8. City shall not contribute a dollar amount 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
a flex dollar amount for eligible employees receiving temporary payments from
Workers' Compensation Insurance.
B. Retirement Health Insurance
1. 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.
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Resolution Number 5853-B OCEA
2. 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.
3. 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 rate of Kaiser HMO. 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 rate of Kaiser HMO.
4. 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.
5. In all cases, the City's contribution for eligible dependent coverage
for retirees shall terminate with the death of the retiree.
6. 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.
C. Life Insurance
1. Management agrees to provide a group life insurance plan providing
life insurance coverage of $50,000 for each full-time classified non-safety
employee represented by the Association, a double indemnity accidental death
benefit, and a dependent death benefit in the amount of $1,000 per dependent.
2. Said insurance shall become effective after the employee has
completed 30 days of uninten-upted service with said employee to be enrolled in
the program on the first day of the next succeeding month.
D. Disability Insurance Plan
1. The City shall provide a group insurance plan for income
continuation for eligible employees. Said insurance to provide an income
continuation of 66.67% Percent of the employee's monthly salary, up to a
maximum of $5,000 per month, for a period of time not to exceed the length of
injury or illness, up to the age of retirement as designated by the Social Security
Administration.
2. 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 first day of the next succeeding month.
E. Premium Onlv Plan (POP) -The City will provide a POP for health and
dental benefits. The plan will allow for premium payments for medical and dental
insurance coverage to be made before taxes (non-taxable) through salary
reduction.
14 of 24
Resolution Number 5853-B
SECTION 9: RETIREMENT
OCEA
A. The retirement program provided by the City shall consist of a pooled PERS
plan which includes the following Government Code provisions:
Section 20042 -One Year final compensation (Single Highest Year)
Section 20965 -Credit for unused sick leave
Section 21024 -Military Service Credit
Section 21573 - 3rd Level of 1959 Survivor Benefits
Section 21251.32 - 2% @ 55
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.
SECTION 10: HOURS OF WORK
A. Prior to implementing a change in work schedule for the Public Works
Department from the 4 day schedule, Orange County Employees Association will
be notified. Upon request, the City will meet and confer with the Association on
the impact of any scheduled change.
B. At the discretion of the Department Head: Community Services Officer,
Senior Community Services Officer, and Lead Community Services Officer
positions may be scheduled in shifts of 9-hour 4 days each week and one
additional 8 hour day on alternate weeks, referred to as the 9/80 plan, or may be
scheduled in shifts of 10-hour 4 days each week, referred to as the 4/10 plan.
Additionally, other non-sworn positions may be scheduled on the 5/8 plan to
accommodate training sessions. At the discretion of the Department Head, Public
Works Beach Division employees may be scheduled on a 5/8 work shift from May
through September.
C. Holiday Closures
1. 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.
2. If an employee is required to work on a designated City Manager
holiday closure work day, the employee will receive pay computed at time and
one-half employees' basic hourly rate for the number of hours actually worked.
Example: Employee A normally works a 10-hour day, 4 days per week, 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 pay Regular base hourly rate or overtime
hourly rate, as applicable under MOU
6 hours leave time Compensatory time, vacation, floating
holiday, or combination thereof
D. All General Unit Orange County Employees Association members shall be
granted '/ hour paid release time to attend quarterly Association meetings and 2
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Resolution Number 5853-B OCEA
additional '/z hour for meetings to be called at the discretion of the Association.
Such release time shall be taken in conjunction with the employees regularly
scheduled lunch and shall be approved only after a minimum of 10 days notice
has been given to the City.
SECTION 11: OVERTIME
A. Overtime and Call-Out Pa
1. 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.
2. If the responsible supervisor determines that overtime is necessary
on work started on an assigned shift, the assigned employee(s) may continue with
that work as an extension of their assigned shift.
3. 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.
4. Overtime will be computed by dividing the employee's regular
monthly salary by 173.3 to arrive at an hourly wage. Paid overtime for the payroll
period is to be submitted and computed with the regular payroll.
5. Notwithstanding any provision of this Section, employee shall be
entitled to select either compensated overtime or compensatory time off subject to
budget limitations, departmental rules and regulations, and Section 7 - D of this
MOU.
B. Court Time
1. All eligible employees called for a subpoenaed court appearance
which arises out of the course of employment and not contiguous with the
employee's work shift shall be compensated for a minimum of 22/ hours at the rate
of 1'/z times the employee's regular hourly rate of pay. Should the appearance
exceed 22/ hours, the employee shall receive pay for the actual appearance time,
excluded court designated lunch period, at the rate of o1'/ times the employee's
regular hourly rate of pay. Court appearance time shall begin when the employee
departs from the Police Station to go directly to court.
2. Any appearance that is contiguous with a regular work shift is not
subject to the 2% minimum.
3. All employees agree to comply with "on-call" policies administered by
their department. Should an eligible employee be placed "on-call" during off duty
hours for court appearance(s), he shall be granted 2 hours pay at the employee's
straight time hourly rate for any on call time prior to 12:00 noon and 2 hours for all
on call time after the hour of 12:00 noon.
SECTION 12: 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:
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Resolution Number 5853-B
OCEA
Holida Date
New Year's Da Janua 1st
Martin Luther Kind Da 3rd Monda in Janua
President's Da 3rd Monda in Februa
Memorial Da Last Monda in Ma
Inde endence 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
"Floatin Holida discretion of em to ee
Total of 12 holidays annually
Floatino Holiday must be taken during each frscal year (Jury 1st through June 30th)
and may not 6e carried forward beyond the term of this agreement. Floating
holidays must be approved in advance by the Department Head.
B. When a holiday falls on a Sunday, the next day shall be observed as a
holiday. When a holiday falls on a Saturday, the preceding day shall be observed
as a holiday.
C. When a holiday falls on a full-time 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.
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.
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'/ times the employees' basic hourly rate for the number of hours
actually worked.
Example: Employee A works 6 hours on Christmas Day. Employee A
would earn pay computed as follows:
Hours Pay Rate
Full-shift holiday pay Regular base hourly rate
6 hours work pay Regular base hourly rate or overtime
hourly rate, as applicable under MOU
E. Holidays which fall during an employee's leave time shall not be charged
against the employee's leave time balance.
SECTION 13: SICK LEAVE
A. All full-time employees covered by this resolution shall accrue sick leave
at the rate of 1 day (8 hour) per month of service. Sick leave may be
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Resolution Number 5853-B OCEA
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 the leave time provision on July 1, 1987:
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 othewise provided, employees shall not be eligible for any
payment for sick leave balances upon termination.
E. Employees who are on 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 14: VACATION TIME
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. All full-time employees, who shall have at least 5 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:
Years
Service Vacation
Hours
Eamed Maximum Hourly
Accrual Rate /Pay
Period Bi-Weekl Annual
Vacation
Hours Maximum
Vacation
Accrual
1 80 3.0769 80 160
2 80 3.0769 80 160
3 80 3.0769 80 160
4 80 3.0769 80 160
5 80 3.0769 80 160
6 88 3.3846 88 200
7 96 3.6923 96 200
8 104 4.0000 104 200
9 112 4.3076 112 200
10 120 4.6153 120 200
11 128 4.9230 128 240
12 136 5.2307 136 240
13 144 5.5384 144 240
14 152 5.8461 152 240
15 160 6.1538 160 240
D. Employees of the City considered as hourly, part-time and/or seasonal
employees shall not be eligible for paid vacation.
E. Employees who are on leaves of absence, without pay, shall not accrue
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Resolution Number 5853-B OCEA
vacation leave hours during said leaves of absence.
F. All full-time employees shall only be allowed to accrue a maximum of 240
hours of vacation as set forth above. 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 pre-
existing 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. The time at which an employee shall take 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, 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 vacation time off within that fiscal year.
J. Employees covered by this resolution shall have ceased accruing general
leave. Previously earned time shall be used/compensated for as follows: Upon
separation of employment with the City, all compensable leave hours will be paid
to the employee at the employee's current base rate of pay.
SECTION 15: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay
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 per Government
Code.
2. Upon written request of the employee, the City Council may grant a
leave of absence, with or without pay, for a period not to exceed 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.
19 of 24
Resolution Number 5853-B OCEA
B. 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. "Immediate family" is defined as
spouse, the father, mother, son, daughter, brother, sister, grandparents,
grandchild, step-mother, step-father, mother-in-law, father-in-law or dependent
relatives living with the employee.
C. 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.
3. After the first 3 months of military leave, the employee may continue
said benefits at his cost.
D. 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.
E. 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 15 - B.
1. Proof of the birth or adoption of a newborn infant or the serious
illness~njury 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 Federa( 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.
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Resolution Number 5853-B OCEA
F. 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 Finance 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.
5. All donations are to be confidential, between the donating employee
and the Finance 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 16: JURY DUTY COMPENSATION
A. Employees required to report for jury duty shall be granted leaves of
absence for such purpose, upon presentation of jury notice to the Department
Head. Said employees shall receive full payment for the time served on jury
service, provided the employee remits any fees received for such jury service,
excluding payment for mileage, to the City's Administrative Services Department.
Compensation for mileage, subsistence or similar auxiliary allowance shall not be
considered as a fee and shall be returned to the employee by the Administrative
Services Department.
B. If the sum of the employee's jury duty responsibilities is less than a full work
day, the employee shall contact his supervisor as to the feasibility of returning to
work that day.
C. Any hours worked beyond the regularly scheduled work day shall be subject
to the workweek and overtime provisions. An employee may request a change in
regularly scheduled working hours to a Monday through Friday day shift for the
duration of such jury duty. Such requests shall be granted if practicable.
21 of 24
Resolution Number 5853-B OCEA
SECTION 17: PROBATIONARY PERIODS
A. Appointment Following Probation Period
1. The original appointment and promotional appointment of employees
shall be tentative and subject to a probationary period of six (fi) months of service.
2. When unusual circumstances merit the extension of the probationary
period, the Department Head shall request, in writing, approval of the City
Manager. Said extension shall not exceed 180 days. The Personnel Office shall
notify the Department Head and the probationer concerned no-less-than 2 weeks
prior to the termination of any probationary period.
3. If the service of a probationary employee has been satisfactory, the
Department Head shall file with the Personnel Office a statement, in writing, that
the retention of the employee is desired. No actions changing an employee's
status from probationary to regular full-time shall be made or become effective
until approved by the City Manager.
B. Objective of Probationary Period -The probationary period shall be
regarded as a part of the testing process and shall be utilized for closely observing
the employee's work, for securing the most effective adjustment of a new
employee to his position, and for rejecting any probationary employee whose
performance does not meet the required standards of work.
C. Employee Performance Aagraisal
1. Each probationary employee shall have his performance evaluated
at the end of each 3 months of service or at a more frequent interval when
deemed necessary by the Department Head. Such evaluation shall be reported in
writing and in the form approved by the Personnel Office.
2. The written appraisal report of an employee's performance
evaluation shall be filed in the Personnel Office and made a part of the employee's
personnel records, with one copy to be given to the employee.
D. Rejection of Probationary Emaloyee
1. During the probationary period an employee may be suspended,
demoted, or rejected anytime by the Department Head, with approval of the City
Manager, without cause and without right of appeal, except the right of appeal of
punitive action as may be provided by law. Notification of rejection, in writing, shall
be served on the probationary employee and a copy filed with the Personnel
Office. A termination interview may be conducted with each rejected probationer.
2. An exception will be applied where the probationary employee's job
termination or dismissal is based on charges of misconduct which stigmatizes his
reputation or seriously impairs his opportunity to earn a living, or which might
seriously damage his standing and association in the community. Where there is
such a deprivation of a "liberty interest", the employee shall be given pre-
disciplinary procedural due process as defined in the City of Seal Beach Personnel
Rules and Regulations and this MOU. Prior to the disciplinary action becoming
final, the employee must be notified of his right to the appeal procedure as outlined
in these Rules and Regulations.
SECTION 18: LAYOFF PROCEDURES
A. The appointing authority may layoff employees or demotes employees in
lieu of layoff subject to Rule XII -TERMINATION PROCEDURES of the City's
Personnel Rules.
B. Notwithstanding Rule XII of the City of Seal Beach Personnel Rules, the
22 of 24
Resolution Number 5853-B OCEA
City agrees to replace Section 2(c) of Rule XII with the following:
C. Whenever seniority is equal, the seniority of the employee shall be
determined first by examining continuous service within the affected classification
and if not determinative, then by position on the employment list.
SECTION 19: SAFETY COMMITTEE PROGRAM
A City-wide Safety Committee Program will be implemented; an employee
representing each department will participate and will meet on a quarterly basis.
SECTION 20: DRUG r3< SUBSTANCE ABUSE POLICY FOR COMMERCIAL
DRIVER'S LICENSE HOLDERS
Anti-Drug 8~ Alcohol Policy
A. Effective immediately, all employees of the City of Seal Beach who are
required to possess a commercial driver's license - Class A or B - to operate a
City vehicle in the scope of their employment, or employees who perform safety
sensitive functions will be subject to controlled substance and alcohol testing
rules in accordance with Federal Regulations 49CFR, Parts 382, 391, 392 and
395.
B. This policy reflects the City's compliance with the applicable Federal laws
in conjunction with a commitment to provide a safe environment for its
employees and the public alike. Only covered employee positions and covered
employees performing safety sensitive functions are expected to comply with this
policy. By implementing this policy, the goal is to ensure a drug and alcohol-free
transportation environment and to reduce accidents, injuries and fatalities.
SECTION 21: ENTIRE MEMORANDUM OF UNDERSTANDING
A. Merger of Neaotiations -This MOU represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto and
all preliminary negotiations and previous Memorandums of Understanding of
whatsoever kind of nature are merged herein.
B. Notwithstanding the provision of Section 1, there exists within the City
certain personnel rules and regulations and department rules and regulations. To
the extent that this MOU does not specifically contradict these personnel rules and
regulations or department rules and regulations or City ordinances, they shall
continue subject to being changed by the City in accordance with the exercise of
City rights under this MOU and applicable state law.
C. Except as provided herein, other terms and conditions of employment, oral
or written, express or implied that are presently enjoyed by employees represented
by the Association shall remain in full force and effect during the entire term of this
MOU unless mutually agreed to the contrary by both parties hereto.
D. Separability - If any provision of the MOU or the application of such
provision to any person or circumstance shall be held invalid, the remainder of the
MOU 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.
E. Reopener Clause -City and Association agrees to reconvene during the
terms of this MOU to discuss retiree benefits, including but not limited to, the
implementation of HSA, HRA, or VEBA programs for employee and retiree
medical premiums.
SECTION 22: TERM OF MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding shall remain in full force and effect from April
13, 2009 until midnight, June 30, 2012.
23 of 24
Resolution Number 5853 - OCEA
SECTION 23: EMERGENCY WAIVER PROVISION
In the event of circumstances beyond the control of the City, such as acts of God,
fire, flood, civil disorder, national emergency, or similar circumstances, provisions
of this MOU or the Personnel Rules and Regulations of the City, which prevent the
City's ability to respond to these emergencies, shall be suspended for the duration
of such emergency. After the emergency is over, the Association shall have the
right to meet and confer with the City regarding the impact on employees of the
suspension of these provisions in the MOU and any Personnel Rules and
Regulations.
SECTION 24: RATIFICATION
This MOU 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 MOU shall be implemented by the
appropriate resolutions(s), ordinance(s), or other written action of the City Council.
IN WITNESS HEREOF, the parties have hereto caused this Memorandum of
Understanding to be executed this 13th day of April 2009.
CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVES:
David N. Carmany, City Manager
Robbeyn C. Bird, Director of
Administrative Services/City Treasurer
Jill R. Ingram, Assistant to the City Manager
Vince Mastrosimone, Director of Public Works
Date:
Date:
Date:
Date:
ORANGE COUNTY EMPLOY ASSOCIATION REPRESENTATIVES:
Date: ~7~- /-O
Larry Lylyi s, OCEA ations Coordinator
Date: y ~ o
Mi ael Uggla
~Li~a~. . ~G~2~-
Wil iam Moran
Date: ~ ~
24 of 24
Page 5
ATTACHMENT "C"
RESOLUTION NO. 5853-C - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SEAL BEACH
APPROVING THE MEMORANDA OF
UNDERSTANDING (MOU) BETWEEN THE CITY OF
SEAL BEACH AND THE SEAL BEACH SUPERVISORS
& PROFESSIONALS ASSOCIATION (SBSPA) ,FROM
APRIL 13, 2009 -JUNE 30, 2012
RESOLUTION 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
Mayor
ATTEST:
City Clerk
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 April,
2009
City Clerk
Adopted by Resolution No. 5853-C
SEAL BEACH SUPERVISORS &
PROFESSIONALS ASSOCIATION
MEMORANDUM OF UNDERSTANDING
ADOPTED: April 13, 2009
EXPIRES: JUNE 30, 2012
Resolution Number 5853-C SBSPA
TASL.E OF CONTENTS
SECTION 1: RECOGNITION ...................................................................................4
SECTION 2: CITY RIGHTS
Rights/Responsibilities ................................................................................... 5
SECTION 3: HEALTH INSURANCE COVERAGE: LIFE 8~ 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
3of19
Resolution Number 5853-C SBSPA
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SEAL BEACH
AND
SEAL BEACH SUPERVISORS 8~ 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/Resaonsibilities -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:
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.
To determine methods of financing.
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 canying 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 8 DISABILITY
INSURANCE
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 SBSPA
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 followino 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:
Years
Service Vacation
Hours
Eamed 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 compensate hours will be paid to the employee at the employee's
current base rate of pay.
K. General Leave Time (G-Time)
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 Februa
Memorial Da Last Monda in Ma
lnde endence 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
"Floatin Holida 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 temt of this agreement. Floating holidays
must be aooroved in advance by the Department Head.
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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Resolution Number 5853-C
SBSPA
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.
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
Pav Rate
Regular base hourly rate
Regular base hourly rate or overtime
hourly rate, as applicable under MOU
SECTION 9: RETIREMENT
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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Resolution Number 5853-C SBSPA
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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Resolution Number 5853-C SBSPA
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 Years
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'/ 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 Salary 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. Salary 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. Salary 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 Salary Ranges - When a salary range fora .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. Salary 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. Salary 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
Confidential
Grade ~ ~ _~~_. ':4Joti,~Classificatioris _~°,~;; ~.
9 Accounting Technician
13 Executive Assistant
18 Deputy City Clerk
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Resolution Number 5853-C
Supervisory
Grade, .•: "=.Job'~Classfications~~~~: ~: '~~,
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 ~'r,~:°.,Job~Classifications'° ~ -~`
23 Marine Safety Officer
SBSPA
*See °Exhibit 1 "for complete list of Re_aular Employees Pa v Structure
SECTION 22: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pav
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.
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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. Catastroahic 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
Lavoff: 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 Aoril , 2009.
CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVES:
David N. Carmany, City Manager
Robbeyn C. Bird, Director of
Administrative Services/City Treasurer
Jill R. Ingram, Assistant to the City Manager
Vince Mastrosimone, Director of Public Works
SEAL BEACH SUPERVISORS AND
REPRESENTATIVES:
Lucy Ag' , Pr ident
~~J
Gre io Daniel, Teamsters
/G k~,
Nick Bolin c
~'~ ~~~~
Anita Chapanond
1~ g -
Bob Eagle
Date:
Date:
Date:
Date:
PROFESSIONALS ASSOCIATION
Date: ~~/
Date: d OI ~(
Date: D S' /a ~ /o q
Date: U ~~ v r ,ZD09
Date: ~y~oz~?~w~
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