HomeMy Public PortalAbout80-158GLG47-16B
RESOLUTION NO. 80-158
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARSON DETERMINING ALL MATTERS
WITHIN THE SCOPE OF REPRESENTATION FOR
THE FISCAL YEAR 1980-81 BETWEEN THE CITY
OF CARSON AND THE EMPLOYEES ASSIGNED TO
CLASSES IN THE MIDDLE MANAGEMENT AND
PROFESSIONAL UNIT, THE CLERICAL AND
TECHNICAL UNIT, AND THE CRAFTS AND TRADES
UNIT REPRESENTED BY THE MUNICIPAL EMPLOYEES'
UNION, LOCAL 809, COUNCIL 36, AMERICAN
FEDERATION OF STATE, COUNTY, AND MUNICIPAL
EMPLOYEES.
THE CITY COUNCIL OF THE CITY OF CARSON HEREBY RESOLVES AS
FOLLOWS:
Section 1. The representatives of the City of
Carson have met and conferred in good faith with the Municipal
Employees' Union, Local 809, Council 36, American Federation
of State, County and Municipal Employees and after so
meeting and conferring for a reasonable period of time, the
City and the Union have failed to agree to a memorandum of
understanding for the fiscal year 1980-81 resulting in an
impasse.
Section 2. The City of Carson's Employer -Employee
Relations Resolution No. 73-216 establishes a procedure for
resolution of an impasse by the City Council.
Section 3. In compliance with Resolution No.
73-216, the City Council has fully considered the presentation
made by the employee's representatives of the middle manage-
ment and professional unit, the clerical and technical unit,
and the crafts and trades unit represented by the Municipal
Employees Union, Local 809, Council 36, American Federation
of State, County, and Municipal Employees, and the City
Council hereby determines the wages, hours, and other terms
and conditions of employment for the employees assigned to
the classes in said three units for the fiscal year 1980-81.
Section 4. A copy of said determination is
attached hereto as Exhibit A and made a part hereof.
Section 5. This Resolution shall be effective
immediately and the determinations hereby made shall be
effective as of July 19, 1980.
PASSED, APPROVED AND ADOPTED this 21st day of
July, 1980.
Mayor
ATTEST:
Res. No. 80-158/Page 2 of 43
GLG47-17B
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Helen S. Kawagoe, City Clerk of the City of
Carson, California, do hereby certify that the whole number
of members of the City Council of said City is five; that
the foregoing resolution, being Resolution No. 80-158, was
duly and regularly adopted by the City Council of said City
at a regular meeting of said Council, duly and regularly
held on the 21st day of July, 1980, and that the same was so
passed and adopted by the following vote:
AYES: COUNCIL MEMBERS: Egan, Smith, Mills & Bridgers
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Colas
AP4- <c
C ty Clerk, City f -Carson,
California -r
GLG48-lA*
Res. No. 80-158/Page 3 of '41
EXHIBIT A
TO RESOLUTION NO. 80-158
DETERMINATION OF WAGES, HOURS, AND OTHER TERMS AND CONDITIONS
OF EMPLOYMENT FOR THE FISCAL YEAR 1980-81 FOR THE EMPLOYEES
ASSIGNED TO THE CLASSES IN THE MIDDLE MANAGEMENT AND PROFESSIONAL
UNIT, THE CLERICAL AND TECHNICAL UNIT, AND THE CRAFTS AND
TRADES UNIT REPRESENTED BY THE MUNICIPAL EMPLOYEES UNION,
LOCAL 809, COUNCIL 36, AMERICAN FEDERATION OF STATE, COUNTY
AND MUNICIPAL EMPLOYEES.
m
GLG47-2A Res. No. 80-158/Page 4 of 43
TABLE OF CONTENTS - IMPASSE RESOLUTION
ARTICLE Paqe
PREAMBLE ............................................. 2
I. DEFINITION OF TERMS ............................ 3
II. COMPENSATION......:.. .................. ... 6
III. HEALTH AND WELFARE INSURANCE BENEFITS ..........14
IV. ATTENDANCE AND LEAVES ..........................16
V. TYPES OF TERMINATION...... ..23
VI. GRIEVANCES.....................................25
VII. DISCIPLINARY ACTIONS ...........................29
VIII. APPEAL PROCEDURES..............................30
IX. SAFETY. ...... ...............................32
X. CITY RIGHTS.....................................33
XI. UNION SECURITY ................. .35
XII. OTHER MATTERS WITHIN THE SCOPE OF
REPRESENTATION.. ......... ........... ...36
XIII. IMPLEMENTATION AND DURATION....................37
APPENDIX................ ....... .................38
GLG47-18B
1aaltil
Re
80-158/Page 5 of 43
Pursuant to Chapter 10 (Section 3500 et seq.) of
Division 4, Title 1 of the Government Code, and Resolution
73-216, the Employer -Employee Relations Resolution of the
City of Carson, the matters within the scope of representation
that are set forth in this Resolution have been discussed by
and between representatives of the City of Carson (hereinafter
"city"), and representatives of the Municipal Employees
Union, Local 809, Council 36, American Federation of State,
County, and Municipal Employees -(hereinafter "union"), in an
endeavor to reach agreement on matters within the scope of
representation prior to the adoption by the city of its
final budget for the fiscal year 1980-81. The city continued
these discussions for a reasonable period of time in order
to exchange freely information, opinions and proposals. The
city and the union have failed to reach an agreement and an
impasse has been declared. The city has adopted reasonable
rules and regulations after consultation in good faith with
union representatives for the administration of employer-
employee relations. The provisions of the Employer -Employee
Relations Resolution 73-216 of the city provide for the
resolution of an impasse by the city council in the event
that the city and the union failed to agree to a memorandum
of understanding.
-2-
GLG48-3A*
Res. No. 80-L58/Page 6 of �43
ARTICLE I
DEFINITION OF TERMS
The following terms, whenever used in this resolution
shall have the meanings set forth in this article.
SECTION 1 - ACTING DUTY: Shall mean a status acquired by
an" employee after a temporary appointment to a different
class with a higher pay range.
SECTION 2 - ADVANCEMENT: Shall mean a pay rate increase,
contingent upon merit, within the pay range established for
a class.
SECTION 3 - ALLOCATION: Shall mean the assignment of a
position to a class and pay range.
SECTION 4 - ANNIVERSARY DATE: Shall mean the date an
employee is originally appointed to a class.
ECTION 5 - APPOINTING AUTHORITY: Shall mean the city
dministrator.
SECTION 6 APPOINTMENT: Shall mean the offer of a position
in a class with the city to an individual and the individual's
acceptance of the offer by reporting for duty at the required
time.
SECTION 7 - CITY ADMINISTRATOR: Shall mean the class
established by the municipal code as the administra-
tive head of the city under the direction and control of the
city council.
SECTION 8 - CLASS: Shall mean a position or positions
grouped under the same title.
SECTION 9 - COMPETITIVE SERVICE: Shall mean all classes
in the city service except those in the unclassified service.
SECTION 10 - DAYS: Shall mean calendar days except where
working days are expressly specified.
SECTION 11 - DEMOTION: Shall mean a reduction in the pay
rate of an employee.
SECTION 12 - DEPARTMENT DIRECTOR: Shall mean an employee
occupying any of the following classes: city administrator,
director of community development, director of finance and
administration, director of parks and recreation, and
director of public works.
SECTION 13 - DIRECTOR OF PERSONNEL: Shall mean the class
established by the municipal code to administer the personnel
system of the city.
SECTION 14 - DISCHARGE: Shall mean termination for a
legitimate reason.
GLG47-4A* Res• No. 80-158/Page 7 of 43
SECTION 15 - DISCIPLINARY ACTION: Shall mean an action
concerning the discharge, suspension or involuntary demotion
of an employee.
SECTION 16 - EMERGENCY LEAVE: Shall mean leave necessitated by
a medical crisis or a death in the employee's immediate family.
SECTION 17 - EMPLOYEE: Shall mean an individual compensated
through the city payroll and appointed to one of the classes
listed in Appendix A.
SECTION 18 - EMPLOYER-EMPLOYEE RELATIONS OFFICER: Shall
mean the city administrator.
SECTION 19 - FULL TIME: Shall mean a period consisting of
forty (40) hours of work per week in increments of eight (8)
hours per shift, regardless of the employee's schedule.
SECTION 20 - HOURS OF WORK: Shall mean those schedules
establishing the employee's working hours and shifts.
SECTION 21 - IMMEDIATE FAMILY: Shall mean spouse, children
of either spouse, parents, brother, sister, grandparents,
grandchildren, father-in-law, mother-in-law, brother-in-law,
or sister-in-law.
SECTION 22 — LEAVE: Shall mean an authorized absence
from work.
SECTION 23 - MANAGEMENT: Shall mean an employee occupying
any of the following classes: accounting manager, business
license manager, city administrator, community development
manager, community safety director, director of community
development, director of finance and administration, director
of parks and recreation, director of personnel, director of
public works, division engineer, personnel supervisor,
principal planner, public information director, purchasing
manager, redevelopment project manager, superintendent of
parks maintenance, superintendent of public works mainten-
ance, superintendent of recreation, and systems manager.
SECTION 24 - MEDICAL CRISIS: Shall mean an infirmity
requiring emergency treatment by a physician or hospitali-
zation.
SECTION 25 - MERIT DAY: Shall mean the day used to calculate
an employee's eligibility for advancement.
SECTION 26 - PAY RANGE: Shall mean a level of pay established
in the plan of compensation.
SECTION 27 - PAY RATE: Shall mean a specified dollar amount
within a pay range.
SECTION 28 - PERMANENT: Shall mean the status acquired
by a probationary employee or promotional appointee after
successful completion of the probationary period.
-4-
GLG48-5A*
Re
80-158/Page 8 of 43
SECTION 29 - PERMANENT PART TIME: Shall mean those specified
classes listed in Appendix A in which the individual is
paid on an hourly basis, and in which the individual shall
not work more than 2,079 hours per year.
SECTION 30 - PLAN OF COMPENSATION: Shall mean a listing of
pay rates and pay ranges approved by the city council for
classes in the city service.
SECTION 31 - POSITION: Shall mean the duties and responsi-
bilities assigned to an employee.
SECTION 32 - PREVAILING PAY RATE: Shall mean the basic pay
rate within a pay range paid to an employee for the perfor-
mance of the duties of a class.
SECTION 33 - PROBATIONARY PERIOD: Shall mean the time
worked by an employee prior to acquiring permanent status.
SECTION 34 - PROMOTION: Shall mean the appointment of an
employee to a different class having a higher pay range.
SECTION 36 - REALLOCATION: Shall mean the reassignment of a
class by placement in a different pay range.
SECTION 37 - RECLASSIFICATION: Shall mean the reassignment
of a position by placement in a different class.
SECTION 38 - REEMPLOYMENT LIST: Shall mean a listing of
employees laid off or demoted in lieu of layoff.
SECTION 39 - REINSTATEMENT: Shall mean the appointment of a
former permanent employee within one (1) year of resignation.
SECTION 40 - REJECTION: Shall mean termination of a proba-
tionary employee or the assignment of a promotional appointee
to a former class.
SECTION 41 - REPRIMAND: Shall mean a written criticism of
an employee's work performance set forth on an approved city
form.
SECTION 42 - RESIGNATION: Shall mean voluntary termination
by an employee.
SECTION 43 - TERMINATION: Shall mean separation of an
employee from employment with the city.
SECTION 44 - SUSPENSION: Shall mean the temporary removal of
an employee from a class for a period not to exceed twenty
(20) working days for a legitimate reason.
SECTION 45 - TRANSFER: Shall mean the reassignment of an
employee from one position to another position in the same
class.
SECTION 46 - WORK PERIOD: Shall mean, for purposes of
calculating overtime compensation, seven (7) consecutive,
regularly recurring, twenty-four (24) hour periods equal to
one hundred sixty-eight (168) hours commencing on midnight
on Friday and terminating at midnight on the following Friday.
-5-
GLG48-6A*
ARTICLE II
Res. No. 80-158/Page 9 of -43
COMPENSATION
SECTION 1 - PAY RATES:
1.1 The plan of compensation for the classes subject to
this resolution shall be adjusted upward by eight
percent (8.00%) over the plan of compensation for
fiscal year 1979-80, as described in Resolution No.
79-134.
1.2 The criteria considered in determining pay rate adjust-
ments include:
Cost of living;
Ability to pay;
Competitive conditions;
Productivity;
Labor availability;
Comparable compensation in other agencies.
SECTION 2 - APPLICATION OF PAY RATES:
2.1 An individual's first appointment to a class shall be at
the minimum pay rate in the pay range established for
the class, provided that the city administrator may
approve an initial pay rate in excess of the minimum,
but no such pay rate may be in excess of the maximum
pay rate for the -pay range.
2.2 A promotional appointee shall be assigned a pay rate in
the new class that provides a minimum increase of five
percent (5a), provided that no such increase shall be in
excess of the maximum pay rate for the pay range.
2.3 A voluntarily demoted employee shall be assigned to the
pay rate in the new class that minimizes the reduction
in the employee's pay rate in effect immediately prior
to such demotion.
2.4 Reinstated individuals shall be assigned to the minimum
pay rate in the pay range established for their former
class, provided that the city administrator may approve
a pay rate in excess of .the minimum, but no such pay
rate may be in excess of the maximum pay rate for the
pay range.
2.5 Transferred employees shall be assigned their pay
rate in effect immediately prior to the transfer.
2.6 A reemployed individual shall be assigned to the
pay rate paid to the individual at the time of the
layoff.
GLG48-7A*
Res. No. 80-158/Page 10 of 43
SECTION 3 - DOUBLE COMPENSATION: The city shall not
compensate an employee for performing work in more than one
position in the city service.
SECTION 4 - MISCELLANEOUS PAY RANGE ADJUSTMENTS:
4.1 The classes specified in this section shall be reallo-
cated to a pay range with a higher maximum pay rate.
Incumbent employees shall be assigned a pay rate at or
closest to their pay rate in effect on July 1, 1980,
except that such employees shall not be assigned a pay
rate less than their pay rate immediately prior to
reallocation. Incumbent employees shall be eligible
for advancement within the new pay range on their merit
day in effect immediately prior to reallocation.
Account Clerk - Class shall be reallocated from
pay range 18 to pay range 20.
Central Services Clerk - Class shall be reallocated
from pay range 14a to pay range 15a.
Chief Deputy City Treasurer - Class shall be
reallocated from pay range 22a to pay range 24a.
Office Clerk - Class shall be reallocated from pay
range 14a to pay range 15a.
Recreation Center Director - Class shall be
reallocated from pay range 22a to pay range 2.3a.
Senior Account Clerk - Class shall be reallocated
from pay range 19 to pay range 21.
Senior Clerk Class shall be reallocated from pay
range 18 to pay range 20.
Senior Custodian - Class shall be reallocated
from pay range 19a to pay range 20a.
Typist Clerk - Class shall be reallocated from pay
range 15a to pay range 16a.
4.2 The class of storekeeper shall be reallocated from pay
range 24a to pay range 22. The pay rates for incumbent
employees currently occupying positions in the class of
storekeeper shall not be adjusted upward until such
time as the maximum pay rate for pay range 22 either
exceeds $1,553 per month or exceeds the incumbent
employee's pay rate in effect on June 30, 1980.
SECTION 5 - PAY RANGE ADJUSTMENTS ATTRIBUTABLE TO ACUTE LABOR
SHORTAGE: The classes specified below in this section
shall be reallocated to a pay range with a higher maximum
pay rate. Incumbent employees shall be assigned a pay rate
at or closest to their pay rate in effect on July 1, 1980,
except such employees shall not be assigned a pay rate less
than their pay rate immediately prior to reallocation.
Incumbent employees shall be eligible for advancement within
the new pay range on their merit day in effect immediately
prior to reallocation.
-7-
GLG48-8A* Res. No. 80-158/Page 11 of 43
Administrative Secretary - Class shall be reallo-
cated from pay range 20 to pay range 23.
Chief Deputy City Clerk - Class shall be reallocated
from pay range 22a to pay range 24a.
Minutes Clerk - Class shall be reallocated from
pay range 19 to pay range 22.
Stenographer Clerk - Class shall be reallocated
from pay range 16a to pay range 19a.
SECTION 6 - METHOD OF PAYMENT: Employees shall be paid on a
bi-weekly basis.on alternate Thursdays. In the event that a
payday falls on a holiday, the city shall make the pay
checks available on the preceding day.
SECTION 7 - ACTING DUTY PAY:
7.1 The appointing authority may appoint an employee to
acting duty status to perform the duties of a vacated or
newly created, full-time class. A vacated class shall
mean a class from which the incumbent employee has been
given a leave of three (3) consecutive work shifts or
more, or has separated from the city service.
7.2 An employee may serve in acting duty status only
until such time as the appointing authority makes
a permanent appointment.to the class, or until such
time that the incumbent employee returns to work.
7.3 An acting duty appointment shall be effective for a
period up to ninety (90) days unless the appointment is
extended by the appointing authority.
7.4 After satisfying the waiting period established in
subsection 7.6 herein, an employee appointed to acting
duty status shall be paid a pay rate not less than
the minimum pay rate in the pay range for the acting
duty class, and such acting duty pay rate shall be at
least five percent (5%) more than the employee's
prevailing pay rate immediately prior to acquiring
acting duty status. An employee shall not be paid more
than the maximum pay rate in the pay range for the
acting duty class provided that the employee shall be
entitled to shift differential pay in accordance with
this resolution.
7.5 While serving in acting duty status, the employee
shall continue to accrue any pay adjustments or advance-
ments in the employee's permanent class.
7.6 An employee appointed to acting duty status shall receive
acting duty pay only after working for three (3) consecu-
tive shifts in the acting duty class, except that those
employees assigned to perform street sweeping duties shall
receive acting duty pay on their first working shift.
7.7 An employee shall not be removed from acting duty
status except for a legitimate reason or in accordance
with this section. -
�:L
GLG48-9A*
Res. No. 80-158/Page 12 of 43
SECTION 8 - HOLIDAY PAY: Full-time employees required to
work on a holiday shall be compensated at two and one half
(2-1/2) times their prevailing pay rate or credited with two
and one half (2-1/2) hours of compensatory leave times the
number of hours worked.
SECTION 9 - JURY SERVICE PAY:
9.1 Employees duly summoned to attend any court for the
purpose of performing jury service, or as a result of
an incident involving the city or observation of an
incident occurring in the course and scope of their
employment within the city limits,or for other
.appropriate reasons as determined by the department
director, shall be paid their prevailing pay rate
during the time of jury service.
9.2 Any jury service fees received by employees, except
those fees for jury service performed on a scheduled
day of rest or a holiday, shall be paid to the city
exclusive of travel or meal expenses. This require-
ment shall also apply to any fees paid for days used
to qualify for jury service.
9.3 The employee shall pay any jury service fees to the
city within thirty (30) days from the date of the
employee's return to work. If such payment is not
made within the time specified, the city shall deduct
an amount equal to such fees from the employee's
paycheck.
SECTION 10 - SHIFT DIFFERENTIAL PAY:
10.1 Employees scheduled to work a first shift between the
hours of 6:30'a.m. and 6:30 p.m. shall not be paid
shift differential pay for any hours worked.
10.2 Only full-time employees in the crafts and trades unit
scheduled to work a second shift shall receive a shift
differential calculated as a five percent (50) increase
in the employee's prevailing pay rate for any hours
worked between 2:00 p.m. and 11:00 p.m.
10.3 Only full-time employees in the crafts and trades unit
scheduled to work a third shift shall receive a shift
differential calculated as a ten percent (100) increase
in the employee's prevailing pay rate for any hours
worked between 11:00 p.m. and 7:00 a.m.
10.4 Management shall establish schedules for the first, second,
and third shifts in accordance with operational requirements.
SECTION 11 - ADVANCEMENT PAY:
11.1 In addition to those conditions provided for in
administrative policies and procedures, employees
shall not be eligible for advancement until the
employees' length of service in their class satisfies
at a minimum the following requirements:
GLG48-10A*
Pay
Range
Numbers
14-37
Pay
Range
Numbers
Res. No. 80-158/Page 13 of 43.
Full -Time Employees
Monthly Monthly Monthly
Rate Rate Rate
A B C
Date of 6 mos. 12 mos.
Appointment after after
appt. appt.
Permanent Part -Time Employees
Hourly
Rate
A
Hourly
Rate
B
Monthly
Rate
D
24 mos.
after
appt.
Hourly
Rate
C
Monthly
Rate
F
36 mos.
after
appt.
110a-114 Date of 750 working 1500 working
Appointment hrs. after hrs. after
appt. appt.
11.2. The employee's eligibility for advancement shall be
contingent upon merit.
11.3 An employees' advancement shall be effective the first
day of the payroll period closest to their merit day.
SECTION 12 - OVERTIME COMPENSATION:
12.1 Except as otherwise provided in this article, full-time
employees shall receive, as overtime compensation,
either pay or compensatory leave, calculated at one
and one-half (1-1/2) times their prevailing pay rate
or dredited with one and one-half (1-1/2) hours of
compensatory leave times the number of hours worked.
12.2 Management shall have the exclusive authority to schedule
and authorize overtime work. The city shall not
compensate employees for unauthorized overtime work.
12.3 Except as otherwise provided in this article, overtime
work shall mean:
a. Work performed in excess of eight (8) hours in a
shift;
b. Work performed in excess of forty (40) hours in a
work period;
c. Work performed on the first and second scheduled
days of rest;
d. Work performed at a time other than the scheduled
shift.
12.4 For purposes of calculating overtime compensation, the
first quarter hour of the first overtime hour shall
not be credited as overtime work unless the employee
performs more than a quarter hour of overtime work.
-10-
GLG48-11A* Res. No. 80-158/Page 14 of 43
12.5 For purposes of calculating overtime compensation, an
employee's leave time shall be credited as hours of
work, but leave time without pay shall not be credited.
12.6 Overtime Compensation shall not be pyramided, compounded,
or paid twice for the same time worked.
12.7 Whenever management determines that an emergency
exists and requires that full-time employees work in
excess of four (4) hours between midnight and 8:00
a.m., such employees shall be entitled to overtime
compensation calculated at the rate of two and one-
half (2-1/2) times their prevailing pay rate or
credited with two and one-half (2-1/2) hours of
compensatory leave times the number of hours worked.
Whenever management requires that full-time employees
work in excess of eight (8) hours during an emergency,
such employees shall not return to work for at least
eight (8) hours following completion of their emergency
work.
12.8 Full-time employees required to work at a time other
than their scheduled shift shall receive overtime
compensation for a minimum of two (2) hours regardless
of the number of hours actually worked, except that if
a full-time employee does not report for work within
thirty (30) minutes after being called -in, such
employee shall not be entitled to the minimum compensa-
tion for overtime work, but shall be compensated only
for the number of hours actually worked.
12.9 Compensatory leave shall mean paid leave received in
lieu of pay for overtime work performed.
12.10 A full-time employee shall not be credited with more
than twenty-six and two-thirds (26-2/3) hours of
overtime work for which compensatory leave shall
be authorized by the city. Twenty-six and two-thirds
(26-2/3) hours of overtime work entitles an employee
to forty (40) hours of compensatory leave.
12.11 A full-time employee shall not use more than sixteen
(16) consecutive hours of compensatory leave. Such
compensatory leave may be used in conjunction with
vacation leave or holiday leave.
12.12 A full-time employee may carry over to the next
succeeding year any accrued compensatory leave, except
that such carried over compensatory leave shall not
exceed forty (40) hours.
12.13 Prior to using accrued compensatory leave, the full-time
employee shall file an appropriate leave request form
in accordance with administrative policies and pro-
cedures.
12.14 If for any reason a full-time employee separates from
the city service, such employee shall be paid a lump
sum for any accrued compensatory leave up to a
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GLG48-12A* Res. No. 80-158/Page 15 of 43
maximum of forty (40) hours. Whenever the date of
such employee's separation is determined, such employee
shall not use any accrued compensatory leave as
time off prior to the date of separation. The value
of any accrued compensatory leave shall be computed at
the employee's prevailing pay rate in effect on the
date of the employee's separation from city service.
SECTION 13 - ALLOWANCE FOR MILEAGE: The city shall reimburse
employees for use of.their personal automobile for official
city business at the rate of $.25 per mile pursuant to
administrative policies and procedures.
SECTION 14 - ALLOWANCE FOR UNIFORMS:
14.1 The city shall provide, maintain and clean seven (7)
shirts and seven (7) pants for employees in the crafts
and trades unit performing duties determined by
management to require uniforms. The city shall
replace such uniform items as required if such replace-
ment is necessary due to normal wear as determined by
management.
14.2 The city shall pay to an approved vendor $2.80 per
week per employee, or the full cost, to provide,
maintain and clean uniforms.
SECTION 15 - ALLOWANCE FOR'SAFETY BOOTS:
15.1 The city shall pay the full cost of up to two pairs of
Red Wing safety boots or authorized equivalent each
fiscal year for each full-time employee in the crafts
and trades unit.
15.2 The cost for safety boots shall be based upon the
cost to the city for one of the following approved Red
Wing styles:.
Approved Safety Boots Current Costs
Red Wing Style #2208 (8 inch boot) $63.02
Red Wing Style #22,24 (ankle height boot) 49.50
15.3 Employees may obtain another type of safety boots of
equivalent or higher cost than the one approved by
management. Any employee exercising this option shall
be responsible for paying the difference in cost
between the city contribution and the cost of such
other safety boots. All safety boots purchased in
this manner shall satisfy safety and health specifi-
cations, and shall be purchased from a vendor approved
by management.
15.4 Management shall have the exclusive authority to
determine eligibility standards for replacement safety
boots. An employee's request for replacement safety
boots shall not be approved unless need for such
new safety boots is based on normal wear as determined
by management.
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GLG48-13A* Res. No. 80-158/Page 16 of -%4:3
SECTION 16 - ALLOWANCE FOR PRESCRIPTION SAFETY GLASSES:
16.1 The city shall pay the cost of one eye examination,
once every five (5) years, at an eye center approved
by management for any full-time employee in the crafts
and trades unit.
16.2 Such an eye examination may be authorized only by
management.
16.3 After one such approved eye examination, any subsequent
eye examination within the five (5) year period, shall
be paid for by the employee.
16.4 The city shall pay the cost of one pair of prescription
safety glasses, once every five (5) years, for any
full-time employee in the crafts and trades unit.
16.5 The city shall pay for a second pair of prescription
safety glasses if, as a result of an eye examination
paid for by the employee, the examining optometrist
makes a determination in writing that there is a
change in the employee's prescription sufficient to
require a different pair of prescription safety
glasses, or if the employee's first pair of prescrip-
tion safety glasses is lost or damaged in the course
and scope of employment as determined by management
to the extent that the employee is unable to use the
glasses.
16.6 The cost of an eye examination in connection with the
replacement by the city of lost or damaged prescription
safety glasses shall be paid for by the employee.
16.7 Management shall have the exclusive authority -to
establish eligibility standards for eye examinations
and prescription safety glasses.
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GLG48-14A*
ARTICLE III
Res. No. 80-158/Page 17 of G"g
HEALTH AND WELFARE INSURANCE BENEFITS
SECTION 1 - HEALTH INSURANCE PREMIUM:
1.1 Effective October 1, 1980, the city shall pay up
to
but not to exceed the amount of $146.00 per month
for
health insurance, provided by the city, for each
full-time employee and eligible dependents.
1.2 Effective October 1, 1980, the city shall pay up
to
but not to exceed the amount of $73.00 per month
for
health insurance, provided by the city, for each
permanent part-time employee and eligible dependents,
subject to any contract restrictions that may be
imposed by the city's insurance carriers.
SECTION 2 - DENTAL INSURANCE PREMIUM:
2.1 Effective October 1, 1980, the city shall pay up to
but not to exceed the amount of $31.00 per month for
dental insurance, provided by the city, for each
full-time employee and eligible dependents.
2.2 Effective October 1, 1980, the city shall pay up to
but not to exceed the amount of $15.50 per month for
dental insurance, provided by the city, for each
permanent part-time employee and eligible dependents,
subject to any contract restrictions that may be
imposed by the city's insurance carriers.
SECTION 3 - LONG TERM DISABILITY INSURANCE PREMIUM: The
city shall pay up to but not to exceed the amount of $33.00
per month for long term disability insurance, provided by
the city, for each full-time employee.
SECTION 4 - LIFE INSURANCE PREMI
4.1 The city shall pay up'to but not.to exceed $3.60 per
month for life insurance, provided by the city, for
each full-time employee.
4.2 The life insurance benefit provided by the city shall
not exceed $10,000 of term life insurance.
SECTION 5 - MAINTENANCE OF INSURANCE BENEFITS:
5.1 Except as otherwise provided in this article, the city
shall maintain insurance benefits comparable to those
in effect as of June 30, 1980 for health, dental,
long term disability, and life insurance.
5.2 The city and the union may consider alternate insurance
plans mutually agreeable to the parties, including
medical plans available through the Public Employees
Retirement System, except that the cost of any alternate
insurance plan shall not exceed the premiums paid by
the city for insurance provided for in this article.
-14-
Res. No. 80-158/Page 18 of 43
GLG48-15A*
SECTION 6 - PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS)
INSURANCE
6.1 The city shall include eligible employees in the
Public Employees Retirement System 2% at 60 plan and
specified optional public agency contract provisions.
The city's current contribution rate for all present
benefits is $13.821 per $100 of qualifying compensation.
6.2 The city shall provide the following optional contract
provisions:
a. The optional contract provision relating to
one year final compensation;
b. The optional contract provision relating to
military service credit as public service;
C. The optional contract provision relating to the
1959 survivors program;
d. The optional contract provision relating to
reduction of normal member contribution rate from
7.00% to 3.50%.
6.3 The city may initiate the necessary procedures,
including the undertaking of actuarial studies, prior
to the possible addition of a Public Employees
Retirement System benefit for eligible employees to be
potentially effective July 1, 1981. The benefit to'be
considered and studied by the city shall be the
reduction of the normal member contribution rate from
3.50% to 00.00%.
-15-
GLG48-16A*
ARTICLE IV
Res. No. 80-158/Page 19 of 43
ATTENDANCE AND LEAVES
SECTION 1 - DISABILITY LEAVE:
1.1 Except as otherwise provided in this section, full-time
employees substantially disabled by bodily injury or
sickness in the course and scope of employment shall
be paid their prevailing pay rate for a maximum of
twenty six (26) weeks, unless the employee returns
to work sooner, or until the city's workers compen-
sation insurance carrier terminates temporary dis-
ability either by means of a lump sum settlement or a
retirement with pension, whichever event occurs first.
1.2 For the period state law does not provide workers
compensation payments, the city shall pay such employees'
their prevailing pay rate.
1.3 Whenever the employee begins receiving workers compen-
sation payments, then the city shall pay only the
difference between such payments and the employees'
prevailing pay rate.
1.4 During the time the employee is substantially disabled,
the employee continues to accrue vacation leave, sick
leave, and service credit for purposes of pay adjust-.
ments or advancements at the same prevailing rate as
if the employee was working.
1.5 If the city pays the employee in'addition.to the
disability payments required by state law, the city
shall have the authority to establish eligibility
standards for any such payments based on the recom-
mendation of the city's physician.
1.6 Nothing in this section shall constitute a waiver of
the employee's right to any other disability payments
guaranteed under law or existing ordinances, resolutions,
or rules of the city.
1.7 Full-time employees unable to return to work after
twenty six (26) weeks of disability, may be eligible
for long term disability insurance benefits provided
under the city's contract insurance program.
SECTION 2 - EMERGENCY LEAVE OR PERSONAL LEAVE:
2.1 Effective immediately upon appointment, in the event
of a medical crisis, full-time employees may use forty
(40) hours of emergency leave upon notice to the
department director. Effective January lst of each
calendar year, incumbent full-time employees shall be
credited with forty (40) hours of emergency leave.
-16-
Res. No. 80-158/Page 20 of 48
GLG48-17A*
2.2 Employees may use up to sixteen (16) hours of their
forty (40) emergency leave hours for personal business
purposes. Such personal leave may be used at the
discretion of the employee upon advance notice to
the department director.
2.3 Full-time employees shall receive no pay for unused
emergency leave or personal leave. Emergency leave or
personal leave shall be forfeited if not used by the
employee during the.calendar year.
2.4 Personal leave shall not be used in conjunction with
any other paid leave except emergency leave. The
employee shall not use more than four (4) hours of
personal leave at any one time.
2.5 Full-time employees may substitute other appropriate
accrued leave for their time away from work if,
subsequent to the employees' use of emergency leave,
management determines that the perceived emergency
situation did not in fact qualify as an emergency.
SECTION 3 - HOLIDAY LEAVE:
3.1 The city shall grant the following paid holidays to
full-time employees:
January 1st;
February 12th, known as Lincoln Day;
The third Monday in February;
The last Monday in May;
July 4th;
The first Monday in September
September 9th, known as Admissions Day;.
The second Monday in October;
November 11th, known as Veteran's Day;
Thanksgiving Day;
The Friday following Thanksgiving Day;
December 25th.
Every day proclaimed by the president, governor, or
mayor of this city as a public holiday.
3.2 When any day granted as a holiday falls on a Sunday,
the following Monday shall be considered the holiday.
When any day granted as a holiday falls on a Saturday,
the preceding Friday shall be considered the holiday.
3.3 In order for a full-time employee to be paid for a
holiday, the employee must work the scheduled shift
immediately before the holiday. If an employee's
absence on the scheduled shift immediately before a
holiday is the result of a paid leave, the employee
shall be paid for a holiday.
3.4 In the event that the mayor or the city council
declares a portion of the day before Christmas
(December 24th) or a portion of the day before New Year's
Day (December 31st) to be a holiday, the employee must
use such off-duty time when granted, and such time cannot
-17-
GLG48-18A* Res. No. 80-158/Page 21 of 43
be accrued. Employees absent or on other leave when
such time is granted shall not receive compensatory
leave or additional pay.
SECTION 4 - REST PERIODS:
4.1 Employees shall be provided with a rest period of not
more than fifteen (15) minutes for each half shift of
work as determined by .administrative policies and
procedures. The rest period is intended to be a
recess to be preceded and followed by at least an hour
and one-half of work. Time granted as a rest period
may not be used to compensate for an employee's late
arrival to work or early departure.
4.2 Rest periods shall have no monetary value if unused
and shall be forfeited if not used during the working
shift.
SECTION 5 - LUNCH PERIOD:
Full-time employees shall be provided with a lunch
period not to exceed one hour on each scheduled
shift. The amount of time allotted for a lunch period
and the procedures for using such lunch period shall
be determined by management.
SECTION 6 - VACATION LEAVE:
6.1 Management shall permit employees to use accrued
vacation -leave in accordance with the wishes of the
employee, but so as to minimize interference with
departmental operations. Management shall have the
exclusive authority to assign vacation leave to an
employee.
6.2 In the event,one or more holidays occur within a
vacation leave period, such holidays shall not be
credited against an employee's accrued vacation leave.
6.3 Full-time employees shall be credited with vacation
leave accruable at the following rates:
a. Eight (8) hours of vacation leave are accrued for
each month of service or major portion thereof
from the date of appointment;
b. Ten (10) hours of vacation leave are accrued for
each month of service or major portion thereof
upon commencement of the employee's sixth year of
service; and
C. Thirteen and thirty-three hundredths (13.33) hours
of vacation leave are accrued for each month of
service or major portion thereof upon commencement
of the employee's eleventh year of service.
6.4 Permanent part-time employees shall be credited with
vacation leave accruable at the rate of four (4) hours
CKM
GLG48-19A* Res. No. 80-158/Page 22 of 43
for each 173.33 hours of service.
6.5 Employees may use their accrued vacation leave only
after completing their initial six (6) month period of
city service.
6.6 Vacation leave shall not be credited for overtime
work, nor for extended periods of unauthorized absence,
nor for leaves of absence without pay exceeding eighty
(80) hours in any calendar month.
6.7 Employees may defer to succeeding years up to but not
more than three hundred sixty (360) hours of vacation
leave. All vacation leave accrued in excess of three
hundred sixty (360) hours shall be used within the
anniversary year for which the employee accrued such
excess vacation leave. Vacation leave accrued in
excess of three hundred sixty (360) hours and not used
by the employee within the above prescribed period
shall have no monetary value and shall be forfeited.
6.8 Whenever an employee separates from the city service
for any reason, the employee shall be compensated for
any accrued vacation leave up to three hundred sixty
(360) hours. Whenever the date of the employee's
separation from service is determined, the employee
may use accrued vacation leave ,as time off prior to
such date of separation. The value of any accrued
vacation leave shall be calculated at the employee's
prevailing pay rate on the date of the employee's
separation from service.
SECTION 7 - SICK LEAVE:
7.1 Full-time employees shall be credited with sick leave
accruable at the rate of eight (8) hours of leave for
each month of service or major portion thereof. An
employee may accrue an unlimited number of sick leave
hours.
7.2 Full -.time employees may use accrued sick leave after
completing one (1) month of city service.
7.3 Sick leave shall not be a right that employees may use
at their discretion, but shall be authorized only in
cases of necessity and actual personal sickness. Sick
leave may be used for medical and dental appointments,
.and pregnancy.
7.4 Whenever an employee uses sick leave, the management
may require the employee to present upon return to
work a personal or medical certification stating the
reason for such sick leave. Whenever an employee
uses sick leave in excess of twenty four (24) consecu-
tive working hours, the employee shall present upon
return to work a medical certification attested to by
a physician or licensed medical practitioner stating
the reason for such sick leave.
-19-
GLG48-20A*
Res. No. 80-158/Page 23 of 43
7.5 Whenever an employee wishes to use accrued sick leave,
the employee shall notify management either prior to,
or within one (1) hour after the time set for beginning
the assigned shift of the intended absence due to
sickness, unless the employee is incapicitated and
physically unable to provide the required notification.
Employees on sick leave shall regularly inform manage-
ment of their physical condition.
7.6 Permanent part-time employees shall accrue sick leave
at the rate of four (4) hours for each 173.33 hours of
service.
7.7 Whenever an employee separates from the city service
due to discharge, resignation, retirement, death,
layoff, or disability, the employee shall be paid in a
lump sum for one-half (1/2) of accrued sick leave.
The value of accrued sick leave shall be calculated at
the employee's prevailing pay rate on the date of the
employee's separation from service. If an employee
is rejected from the city service, the employee shall
not be paid for any accrued sick leave.
7.8 Sick leave shall not be credited for overtime work,
nor for extended periods'of unauthorized absence,
nor for leaves of absence without pay exceeding eighty
(80) hours, in any calendar month.
7.9 An employee receiving temporary disability payments
may use accrued sick leave in order to continue to
receive full pay after the employee.is no longer
eligible for disability leave.
SECTION 8 - TIME OFF FOR VOTING:
8.1 whenever an employee does not have sufficient time
outside of working hours to vote at a statewide
election, the employee may, without loss of pay, take
off enough working hours which when added to the voting
hours available outside of working hours will enable
the employee to vote.
8.2 Management shall not authorize an employee to take off
more than two (2) hours from work for voting without
loss of pay. The time off authorized for voting shall
be only at the beginning or end of a shift, whichever
allows the employee the most time for voting and the
least time off from work. If the employee on the
third working shift prior to election day, knows
or has reason to believe that time off for voting will
be necessary on election day, the employee shall
notify management of that fact at least two (2)
working shifts in advance.
8.3 At least ten (10) days before every statewide election,
management shall post the provisions of this section
conspicuously at the civic center, if practicable, or
elsewhere so that the notice may be seen as employees
come or go to their place of work.
-20-
Res. No. 80-158/Page 24 of 43
GLG48-21A*
SECTION 9 - MILITARY LEAVE:
9.1 Employees may be granted military leave as authorized
in Sections 389 through 395.4 of the California
Military and Veterans Code. Such employees shall
provide the director of personnel with satisfactory
proof of orders to report for military duty and of
actual military service pursuant to such orders. The
employee shall be returned to work thereafter as
provided in said code.
9.2 While full-time employees are on ordered annual
military leave as providedin this section, such
employees shall be paid their prevailing pay rate in
addition to their military pay.
SECTION 10 - LEAVE OF ABSENCE WITHOUT PAY:
10.1 The city administrator shall have the authority to
approve or disapprove, in writing, an employee's request
for a leave of absence from work, without pay or
seniority credit. Such leave of absence shall not be
approved except upon the advance written request of
the employee, setting forth the reason for the request.
10.2 If the city administrator approves such leave of
absence for a period of ten (10) working days or less,
the employee shall not lose any seniority credit for
such leave of absence.
10.3 Pregnancy, childbirth or related medical conditions
may be considered as valid reasons for an employee to
request a leave of absence without pay.
10.4 After the expiration of an approved leave of absence
without pay, employees shall be reassigned to their
class.
SECTION 11 - RELEASE TIME LEA
11.1 The department director shall authorize an employee
and one designated representative 'to use a reasonable
amount of time off from work in order to prepare a
formal grievance or appeal of a disciplinary action,
provided that both employees submit leave requests in
accordance with established administrative policies
and procedures. Such leave requests shall designate
the type of leave requested as release time. Release
time shall be available to employees in addition to
other authorized leave.
11.2 Any employee's use of release time shall be recorded
on a leave request form approved, processed and signed
in advance by the employee's department director.
11.3 The department director shall have the authority to
approve release time requests for up to one hour per
formal grievance as preparation time for both the
employee and one designated representative. The
-21-
GLG48-22A* Res. No. 80-158/Page 25 of 4.3
department director shall have the authority to
approve release time requests for up to two hours as
preparation time for both the employee and one desig-
nated representative for each pre disciplinary confer-
ence or disciplinary hearing involving the employee.
Additional requests for release time to prepare for a
formal grievance or the appeal of a disciplinary
action must be submitted to and approved in advance by
the appointing authority.
11.4 The department director shall authorize the employee
and one designated representative to use release time
in accordance with the procedures established herein
so as to minimize interference with departmental
operations.
11.5 An employee's designated representative may use
release time to be present at the presentation of
a formal grievance, predisciplinary conference con-
ducted by management, or disciplinary hearing.
SECTION 12 - ACCRUAL AND USE OF LEAVE: All leave provided
by the city, including but not limited to disability leave,
emergency leave, personal leave, vacation leave, release
time leave, and sick leave, shall be accrued and used
in accordance with administrative policies and procedures
and shall be recorded in increments to the nearest fifteen
(15) minutes.
SECTION 13 - ATTENDANCE: Employees -shall report for work as
scheduled and.shall not be absent during scheduled working
hours without the authorization of managment or as provided
in administrative policies and procedures.
-22-
a
GLG48-23A*
Res. No. 80-158/Page 26 of •°43
ARTICLE V
TYPES OF TERMINATION
SECTION 1 - LAYOFF:
1.1 Whenever the city council determines that employees
are to be laid off due to curtailment of work or lack
of funds, the city council may authorize the appointing
authority to lay off or demote in lieu of layoff
without disciplinary action and without right of
appeal. The appointing authority shall notify those
employees to be laid off at least twenty (20) working
days prior to the effective date of any such layoff.
1.2 Except as otherwise provided in this article, whenever
possible, the appointing authority shall demote
employees in lieu of layoff.
1.3 Permanent employees shall not be laid off until all
emergency, limited tenure, part-time, seasonal, and
probationary employees in the same class have been
separated from the city service. Except as otherwise
provided in this section, the appointing authority
shall first lay-off employees with the least seniority.
If the seniority of employees is comparable, the
appointing authority shall consider merit factors in
determining the order of layoff.
1.4 If an employee is demoted in lieu of layoff, the
apointing authority shall assign the employee to the
pay rate in the pay range for the class that least
reduces the employee's prevailing pay rate immediately
prior to the demotion.
1.5 The appointing authority shall fill vacancies with all
certified eligibles on a re-employment list established
for a class prior to appointing eligibles from any
other employment list for that same class. The name
of any eligible on a re-employment list shall be
removed by the director of personnel after two years
of eligibility for appointment.
1.6 The city shall meet and confer with the union on the
impact of any determination to lay off employees at
least ten (10) working days prior to the effective
date of such lay off.
SECTION 2 - DISABILITY:
2.1 An employee may be separated from the city service for
disability if the department director or the employee
determines that the employee is unable to perform the
duties of the class because of a physical or mental
impairment. The necessity for disability separation
shall be confirmed by medical evidence satisfactory to
the appointing authority. The appointing authority may
require the employee to submit to a medical examination
-23-
GLG48-24A*
paid for by
physician.
authority's
disability
provided in
the city and
The employee
determination
in accordance
Article VIII.
Res. No. 80-158/Page 27 of 43
performed by the city's
may appeal the appointing
to separate the employee for
with the appeal procedure
SECTION 4 - RESIGNATION: In order to resign in good standing,
an employee shall file a written statement with the appointing
authority indicating the effective date of and the reason
for the resignation at least ten (10) working days prior to
separating from the city service, unless this time limit is
waived in writing by the appointing authority. The failure
by the employee to provide the advance notice as required
herein may be considered by the appointing authority as a
reason for denying future employment to the employee.
SECTION 5 - COMPENSATION UPON DEATH: An employee's compen-
sation shall be calculated up to the date of death. All
such compensation shall be paid to the estate of the employee,
except as otherwise prescribed by law.
-24-
GLG48-25A*
ARTICLE VI
GRIEVANCES
Res. No. 80-158/Page 28 of 43'
SECTION 1 - PURPOSE AND SCOPE OF GRIEVANCE PROCEDURE: The
grievance procedure is promulgated to establish a formal
procedure to deal with complaints concerning the application
or interpretation of this memorandum of understanding where
no other methods of resolution are available.
SECTION 2 - GENERAL PROVISIONS: Whenever an employee has a
complaint that qualifies as a grievance, the employee shall
resolve the dispute in accordance with this grievance
procedure, except that the grievance procedure provided
herein shall not be used for:
a., The resolution of any complaint concerning
any disciplinary action, except a reprimand; or
b. The resolution of any complaint relating to
any concerted refusal to work.
SECTION 3 - INFORMAL DISCUSSION: Whenever an employee has a
complaint, the employee should first attempt to informally
discuss the matter with the immediate supervisor. If, after
a discussion with the immediate supervisor, the employee
believes the complaint has not been satisfactorily resolved,
the employee shall have the right to informally discuss the
complaint with the supervisor's immediate superior.
SECTION 4 - FORMAL GRIEVANCE PROCEDURE:
4.1 Whenever an employee believes a complaint has not been
satisfactorily resolved by the informal grievance
procedure, the employee shall have the right to
present a formal written grievance within ten (10)
working days from the date of the incident or decision
generating the grievance. All formal grievances
presented under this section shall state the reasons
for the complaint and the employee's suggested solution.
4.2 First Level of Review - Any formal written grievance
shall be presented first to the employee's immediate
supervisor, who shall review the grievance and render
a written decision regarding its merits within three
(3) working days after receipt of the grievance. If,
after notification thereof, the employee disagrees
with the immediate supervisor's decision, or if the
immediate supervisor has not responded in writing to
the grievance within three (3) working days after
receipt of the grievance, the employee may present the
formal written grievance to the supervisor's immediate
superior. The grievance shall be considered resolved
and no further review of the subject matter of
the grievance shall be permitted under this article:
-25-
Res. No. 80-158/Page 29 of 4`3
GLG48-26A*
a. whenever the employee does not seek further review
of the grievance within three (3) working days
after receipt of the written decision of the
immediate supervisor; or
b. whenever the employee does not seek further review
of the grievance within ten (10) working days
after presentation of the grievance in those
cases when the immediate supervisor does not
render a decision within the requisite time.
4.3 Second Level of Review - Whenever the employee presents
a formal written grievance -to the supervisor's immediate
superior, such superior shall review the grievance and
render a written decision regarding its merits within
three (3) working days after receipt of the grievance.
If after notification thereof, the employee disagrees
with this superior's decision, or if this superior has
not responded in writing to the grievance within three
(3) working days after receipt of the grievance, the
employee may present the formal written grievance to
the department director. The grievance shall be
considered resolved and no further review of the
subject matter of the grievance shall be permitted
under this article:
a. whenever the employee does not seek further
review of the grievance within three (3) working
days after receipt of the written decision
of the supervisor's immediate superior; or
b. whenever the employee does not seek further
review of the grievance within ten (10) working
days after presentation of the grievance in those,
cases when the supervisor's immediate superior
does not render a decision within the requisite
time.
4.4 Review by Department Director - Whenever the employee,
presents a formal written grievance to the department
director, the department director shall discuss, as
soon as practical, the grievance with the employee,
the union representative, or with any other appropriate
person. Within five (5) working days after receipt of
the formal grievance, the department director shall
review the grievance and render a written decision
regarding its merits. If, after notification thereof,
the employee disagrees with the department director's
decision or if the department director has not responded
in writing to the grievance within five (5) working
days of receipt of the grievance, the employee may
present the formal written grievance to the director
of personnel. The grievance shall be considered
resolved and no further review of the subject matter
of the grievance shall be permitted under this article:
a. whenever the employee does not seek further review
of the grievance within five (5) working days
after receipt of the written decision of the
-26-
GLG48-27A* Res. No. 80-158/Page 30 of '43
department director; or
b. whenever the employee does not seek further
review of the grievance within ten (10) working
days after presentation of the grievance in those
cases when the department director does not render
a written decision within the requisite time.
4.5 Review by Director of.Personnel - Whenever the
employee presents a formal written grievance to the
director of personnel the director of personnel
shall discuss, as soonas practical, the grievance
with the employee, the union representative, or
with any other appropriate person. The union may
request the director of personnel to establish a
fact-finding committee to give advice as to the merits
of the grievance. Also, the director of personnel may
seek advice from any other officer not in the normal
line of supervision, as to the merits of the grievance.
Within a reasonable period of time after receipt of
the formal grievance, the director of personnel shall
review the grievance and render a written decision
regarding its merits. The employee shall receive a
copy of the director of personnel's decision, as soon
as practical. The decision of the director of personnel
shall resolve the grievance and no further review of
the subject matter of the grievance shall be permitted
under this article.
SECTION 5 - CONDUCT OF FORMAL GRIEVANCE PROCEDURE:
5.1 The time limits specified for the formal grievance
procedure may be extended by mutual written agreement
of the employee and the reviewer concerned. The
written `agreement shall be presented to the director
of personnel by the party requesting the extension of
time within ,two (2) working days after the agreement
is signed by both parties.
5.2 The employee may select one union representative to
assist in the presentation of a formal grievance at
any level of review.
5.3 The city shall not initiate any reprisals against any
employee or any union representative resulting from
the use of the grievance procedure.
5.4 The union shall have the right to initiate a grievance
on behalf of an employee or employees. Any such
grievance shall be initiated pursuant to the provisions
of this article.
5.5 The grievance procedure is promulgated exclusively for
the benefit of the employee and not for the benefit of
the city. The city shall have no right to initiate
grievances pursuant to provisions of this grievance
procedure.
-27-
Res. No. 80-158/Page 31 of 4 3
GLG48-28A*
5.6 The director of personnel shall be the final reviewing
authority for all grievances, except that the appointing
authority may designate a department director or third
party as the final reviewer in appropriate circumstances.
-28-
GLG48-29B*
Res. No. 80-158/Page 32 of `4 3
ARTICLE VII
DISCIPLINARY ACTIONS
SECTION 1 - LEGITIMATE REASON FOR DISCIPLINARY ACTION:
The appointing authority shall not discharge, involuntarily
demote, or suspend a permanent employee except for a legitimate
reason.
SECTION 2 - AUTHORITY: The department director shall have
the exclusive authority to institute disciplinary action, to
conduct any predisciplinary conference and to submit to the
appointing authority a recommendation for imposition of
disciplinary action.. The department director shall not
impose disciplinary action against an employee without the
prior approval of the appointing authority. The appointing
authority may approve, disapprove, or modify the recommenda-
tion of the department director, and may conduct an inde-
pendent investigation regarding the disciplinary action.
SECTION 3 - NOTICE: Prior to recommending the imposition of
any disciplinary action, the department director shall
notify the employee in writing of the nature of the
proposed disciplinary action and its proposed effective
date, the reason for the proposed disciplinary action and
any specific charges against the employee. Concurrently
with the notice of proposed disciplinary action, the employee
shall be entitled upon request to receive copies of the
written documents and materials, if any, upon which the
proposed disciplinary action is based, and to an opportunity
to respond to the charge, either orally or in writing, to
the department director proposing the disciplinary action.
SECTION 4 - REPRESENTATION: If an employee asks or is
required to meet with management and such meeting may
involve the possible imposition of disciplinary action
against the employee, the employee upon request shall
be entitled to have one representative present at such
meeting.
SECTION 5 - REPRIMAND: A reprimand may be issued to an
employee in accordance with administrative policies and
procedures. An employee may challenge a reprimand through
the formal grievance procedure provided for in Article VI.
-29-
GLG48-30A*
ARTICLE VIII
APPEAL PROCEDURES
Res. No. 80-158/Page 33 of 43
SECTION 1 - RIGHT OF APPEAL: A discharged, involuntarily
demoted, or suspended permanent employee shall have the
right to appeal such disciplinary action.
SECTION 2 - HEARING OFFICER: The director of personnel
shall be the hearing officer for disciplinary hearings,
provided that the appointing authority may designate a
department director or third party as the hearing officer in
appropriate circumstances. The rights, powers, and duties of
the hearing officer shall include, but not be limited to
hearing evidence concerning the alleged misconduct of any
employee, determining the validity of any charges made
against any employee, determining the propriety of any
disciplinary action, and imposing disciplinary action
against any employee.
SECTION 3 - REQUEST FOR DISCIPLINARY HEARING: Whenever an
employee requests a disciplinary hearing to appeal the
imposition of a discharge, involuntary demotion, or suspension,
the request for the disciplinary hearing shall be in writing,
signed by the employee, and presented to the director of
personnel within ten (10) days after the effective date of
the imposition of the disciplinary action. Any such request
shall be addressed to the director of personnel and shall
identify the subject matter of the request, the grounds for
the request, and the relief desired by the employee. The
employee shall state in the request whether the disciplinary
hearing shall be conducted in public. All disciplinary
hearings shall be conducted in private unless the employee
requests a public hearing. If the employee fails to request
a disciplinary hearing within the prescribed time, the
employee shall have waived the right to a hearing and all
rights to further appeal of the disciplinary action.
SECTION 4 - REPRESENTATION AT DISCIPLINARY HEARING: At the
disciplinary hearing, the employee may appear personally and
may be represented by counsel or other representative. The
city attorney or other representative designated by the
appointing authority shall represent the city. Both the
employee and the city shall have the right to produce and
confront witnesses, and to present any relevant oral or
documentary evidence. The hearing officer shall have the
power to issue subpoenas to compel the attendance of witnesses
or the production of documents.
SECTION 5 - APPEAL OF HEARING OFFICER'S DECISION: If the
disciplinary action imposed by the hearing officer constitutes
discharge or involuntary demotion of the employee, the
-employee may, within ten (10) days after notification of the
hearing officer's decision, request an appeal hearing
before the city council. If the employee fails to request
an appeal hearing within the prescribed time, the employee
shall have waived the right to an appeal hearing and all
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Res. No. 80-158/Page 34 of 43.
GLG48-1B*
rights to further appeal of the disciplinary action.
SECTION 6 - REQUEST FOR APPEAL HEARING: An employee shall
file the request for an appeal hearing with the city council.
The appeal shall be addressed to the city council and shall
identify the decision appealed from, the grounds for the
appeal, and the relief requested by the employee. The
employee shall state in the appeal whether the appeal
hearing shall be conducted in public, otherwise the hearing
shall be conducted in private. The city council shall
schedule and conduct any appeal hearing within a reasonable
time after the filing of the appeal. The director of
personnel shall notify in writing all interested parties
of the date, time and location of the appeal hearing.
SECTION 7 - REPRESENTATION AT APPEAL HEARING: At the appeal
hearing, the employee may appear personally and may be
represented by counsel or other representative. The city
attorney or other representative designated by the appointing
authority shall represent the city. Unless the city council
otherwise directs, both the employee and the city shall have
the right to present a thirty (30) minute oral presentation
to the city council. Prior to the appeal hearing, the
director of personnel shall provide each member of the city
council with a copy of the complete record from the prior
disciplinary hearing including copies of any exhibits
offered into evidence. At the appeal hearing the city
council shall not consider any testimony or any documentary
evidence not in the record provided by the director of
personnel.
SECTION 8 - POWER OF CITY COUNCIL: The city council may
decide the appeal either at the conclusion of the hearing or
defer the decision to a later date. If'requested by the
employee the city council shall discuss the merits or
determination of the appeal in public. Any decision of the
city council in the appeal shall be supported by findings of
fact and conclusions of law. The city council may affirm,
reverse, or modify the decision of the hearing officer, in
full or in part. The decision of the city council shall
constitute.a final resolution of any appealable disciplinary
action.
SECTION 9 - COMPENSATION FOR LOSS OF WAGES AND BENEFITS: If
the disciplinary action imposed against an employee is
reduced or reversed, either by the department director,
hearing officer, or city council, the employee shall be
compensated for any loss of wages or benefits during the
time of the discharge, involuntary demotion, or suspension.
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GLG48-2B*
ARTICLE IX
SAFETY
Res. No. 80-158/Page 35 of 63
SECTION 1 - SAFETY RESPONSIBILITIES:
1.1 The city shall make a good faith effort to provide and
maintain a safe and healthful place of employment.
1.2 Employees shall perform their assigned duties safely
using the practices, means, methods, operations, and
processes prescribed by any law, occupational safety
or health standard, safety order, or safety rule and
regulation. Employees shall report any unsafe prac-
tices, equipment, or hazardous conditions promptly to
their immediate supervisor.
1.3 The city shall not require nor permit any employee to
go or be in any employment or place of employment not
reasonably safe and healthful.
1.4 The city shall not discipline any employee for refusing
to perform tasks in the performance of which any law,
occupational safety or health standard, or safety
order would be violated, and if such violation would
create a real or apparent hazard to the employee.
SECTION 2 - SAFETY COMMITTEE: The city shall maintain
an advisory safety committee. The membership of the safety
committee may consist of two city representatives designated
by the city administrator, two employee representatives
designated by the union, and the safety officer. The safety
committee shall make a good faith effort in an advisory
capacity to provide and maintain a safe and healthful place
of employment.
SECTION 3 - SAFETY DEVICES AND SAFEGUARDS,: The city shall
furnish and the employee shall use safety devices and
safeguards. The city shall adopt and use practices, means,
methods, operations, and processes which are reasonably
adequate to render city employment safe and healthful.
SECTION 4 - PESTICIDE SAFETY: An employee shall not use a
Class I pesticide without proper authorization. The
city shall comply with laws, regulations, standards and
orders governing the use of pesticides.
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GLG48-3B*
ARTICLE X
CITY RIGHTS
Res. No. 80-158/Page 36 of -43
SECTION 1 - EXCLUSIVE CITY RIGHTS AND AUTHORITY:
1.1 In order to insure that the city is able. to carry out
its functions and responsibilities imposed by law, the
city has and will retain the exclusive right to manage
and direct the performance of city services and the
work force performing such services. Therefore, the
following matters shall not be subject to the meet and
confer process, but shall be within the exclusive
authority of the city. The consideration of the
merits, necessity, or organization of any service or
activity conducted by the city shall include but not
be limited to the city's right to:
a. Determine issues of public policy;
b. Determine and change the facilities, methods,
means, and personnel by which city operations are
to be conducted;
C. Expand or diminish services;
d. Determine and change the number of locations,
relocations, and types of operations and the
processes and materials to be employed in carrying
out all city functions, including but not limited
to the right to subcontract any work or operation;
e. Determine the size and composition of the work
force, to assign work to employees in accordance
with requirements as determined by the city, and
to establish and change work assignments;
f. 'Determine job classifications;
g. Appoint, transfer, promote, demote, and layoff
employees for lack of work or other appropriate
reasons;
h. Take disciplinary action;
i. Determine policies, procedures, and standards for
selection, training, and promotion of employees;
j. Establish employee performance standards, including
but not limited to quality and quantity standards;
k. Maintain the efficiency of governmental operations;
1. Exercise complete control and discretion over its
organization, and the technology of performing
its work and services;
M. Establish reasonable work and safety rules and
regulations in order to maintain the efficiency
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■
GLG48-4B*
Res. No. 80-158/Page 37 of 43
and economy desirable in the performance of city
services;
n. Determine any and all necessary actions to carry
out its missions in emergencies.
1.2 The exclusive decision making authority of the city
council and management on matters involving the city
rights and authority shall not be in any way, directly
or Iindirectly, subject to the grievance procedure.
The employee may grieve the impact of the exercise of
exclusive city rights and authority that directly
relate to matters within the scope of representation.
SECTION 2 - CONCERTED REFUSAL TO WORK:
2.1 If an employee participates in any manner in any
strike, work stoppage, slowdown, sick -in or other
concerted refusal to work or participates in any
manner in any picketing or impediment to work in
support of any such strike, work stoppage, slowdown,
sick -in or other concerted refusal to work or induces
other employees of the city to engage in such activi-
ties, such employee shall be subject to discharge by
the city.
2.2 In the event the union calls, engages in, encourages,
assists, or condones in any manner, any strike, work
stoppage, slowdown, sick -in or other concerted refusal
to work by employees of the city or any picketing or
work impediment in support thereof, or any other form
of interference with or limitation of the peaceful
performance of city services, the city, in addition to
any other lawful remedies or disciplinary actions
available to it, may suspend any and all of the rights
and privileges accorded the union under any ordinance,
resolution, or rules and procedures of the city,
including but not limited to the suspension of recogni-
tion of the union, and the use of the city's bulletin
boards and facilities.
2.3 The city shall not lock -out employees.
Res. No. 80-158/Page 38 of 43
GLG48-5B*
ARTICLE XI
UNION SECURITY
SECTION 1 - RECOGNITION:
Pursuant to the provisions of the Carson Employer -
Employee Relations resolution and state law, the city
recognizes Local 809, Council 36 of the American
Federation. of State, County, and Municipal Employees
(AFSCME) as the exclusive representative for all
employees in the classes listed in Appendix A of
this resolution.
ION 2 - MAINTENANCE OF MEMBERSHIP:
2.1 All employees who are currently members of the union
and all current employees who may become members
shall, as a condition of continued city employment,
maintain their membership in the union for the duration
of this resolution.
2.2 All new employees appointed after the execution date
of this resolution are free to join or not join the
union. Once a new employee joins the union, the
employee shall, as a condition of continued city
employment, maintain membership in the union for the
duration of this resolution.
2.3 The union, its officers and members agree not to
intimidate or coerce employees,into joining the
union.
2.4 Notwithstanding any other provisions in this section,
,any employee who is or becomes a member of the union
during the term of this resolution may, within fifteen
(15) days prior to the expiration date of this agree-
ment, withdraw from membership in the union by notify-
ing the city and the union in writing. After such
withdrawal, the employee need not be a -member of the
union as a condition of continued city employment.
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GLG48-6B* Res. No. 80-158/Page 39 of4 3
ARTICLE XII
ALL OTHER MATTERS WITHIN THE SCOPE OF REPRESENTATION
SECTION 1 - MEET AND CONFER IN GOOD FAITH - SCOPE: The city
shall not be required to meet and confer in good faith on
any subject preempted by federal or state law.
SECTION 2 - NONDISCRIMINATION, EQUAL OPPORTUNITY AND AFFIRMATIVE
ACTION: The city shall develop and implement equal employment
opportunities.
SECTION 3 - PERSONNEL FILES: Employees may inspect and
review their own official personnel file located in the
personnel office at any reasonable time between the hours of
8:00 a.m. to 5:00 p.m., Monday through Friday so as not to
interfere with the performance of scheduled work. The
official personnel files shall be confidential and shall be
available for inspection only when necessary in the proper
administration of the city's affairs.
SECTION 4 - LIMITED TENURE EMPLOYEES: The provisions of
this resolution shall not apply to individuals appointed on
a limited tenure basis to any of the positions specified in
Appendix A herein.
SECTION 5 - ADMINISTRATIVE POLICIES AND PROCEDURES: The
city administrator and the director of personnel may issue
statements of administrative policies and procedures as. are
required to implement this resolution, provided that such
statements of administrative policies and procedures shall
supplement and conform with this resolution.
SECTION & - TIME CLOCKS STUDY: The city shall initiate a
study of the administrative policies and procedures governing
the use of time clocks to determine the feasibility of
eliminating the requirement that all employees in the middle
management and professional unit, and clerical and technical
unit, shall use such time clocks. Management shall complete
such study within a reasonable time for eventual submission
to the city council.
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GLG48-7B* Res. No. 80-158/Page 40 of 43`
ARTICLE XIII
IMPLEMENTATION AND DURATION
SECTION 1 - SEPARABILITY:
Notwithstanding any other provisions of this resolu-
tion, in the event that any article, section, or
subsection of this resolution shall be declared
invalid by any court or.by any state or federal law or
regulation, or should a decision by any court or any
state or federal law of regulation diminish the
benefits provided by this resolution, or impose
additional obligations on the city, the city and the
union shall meet and confer on the affected article,
section, or subsection. In such event, all other
articles, sections or subsections of this resolution
not affected shall continue in full force and effect.
SECTION 2 - IMPLEMENTATION AND DURATION:
2.1 This resolution shall be binding on the city and the
union when approved and adopted by the city council.
2.2 Except as otherwise provided herein, this resolution
shall be in full force and effect from the 19th day of
July, 1980, and shall remain in full force and effect
up to and including the 30th day of June, 1981.
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GLG4R-8B*
Res. No. 80-158/Page 41 of 43:
APPENDIX A
DESIGNATED APPROPRIATE UN
DDLE MANAGEMENT AND PROFESSIONAL UNIT
Accountant
Administrative Aide
Administrative Assistant
Assistant Planner
Associate Civil Engineer
Associate Planner
Building Maintenance Supervisor
Buyer
Central Services Supervisor
Chief Deputy City Clerk
Chief Deputy City Treasurer
Community Development Grant Coordinator
Community Liaison Specialist
Computer Systems Specialist
Emergency Preparedness Specialist
Employment Opportunities Coordinator
Equipment Maintenance Supervisor
Junior Accountant
Junior Buyer
Manpower and Safety Coordinator
Parks Maintenance Supervisor
Public works Maintenance Supervisor
Recreation Center Director
Recreation Coordinator
Recreation Supervisor
Rehabilitation Construction Specialist
Rehabilitation Financial Counselor
Risk Management Specialist
Safety Services Officer
Senior Accountant
Senior Buyer
C".
GLG48-9B*
CLERICAL AND TECHNICAL
Res. No. 80-158/Page 42 of 43
Account Clerk
Administrative Secretary
Administrative Technician
Assistant Civil Engineer
Business License Clerical Aide
Business License Officer
Central Services Clerk
Clerical Aide (Permanent Part-time)
Community Development Technician
Community Services Aide (Permanent Part-time)
Community Services Officer
Construction Inspector
Deputy City Treasurer (Permanent Part-time)
Duplicating Machine Operator
Employment Technician
Enforcement Officer Aide
Graphics Technician
Journalism Aide (Permanent Part-time)
Junior Construction Inspector
Lounge Assistant (Permanent Part-time)
Minutes Clerk
Office Clerk
Parent Alert Representative
Pool Manager (Permanent Part-time)
Recreation Leader II (Permanent Part-time)
Recreation Leader III (Permanent Part-time)
Recreation Leader IV (Permanent Part-time)
Recreation Technician
Security Guard
Senior Account Clerk
Senior Clerical Aide (Permanent Part-time)
Senior Clerk
Senior Community Services Officer
Senior Construction Inspector
Senior Lifeguard (Permanent Part-time)
Stenographer Clerk
Storekeeper
Tiny Tot Instructor (Permanent Part-time)
Typist Clerk
Youth Service Representative
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GLG48-9B*
Res. 80-158
Page 43 of 43
CRAFTS AND TRADES UNIT
Bus Driver
Craftsworker
Custodian
Equipment Mechanic
Equipment Operator
Equipment Service Worker
General Services Worker
Groundsworker
Maintenance Worker
Pest Control Operator
Senior Craftsworker
Senior Custodian
Senior Equipment Mechanic
Senior Groundsworker
Senior Maintenance Worker
Senior Tree Trimmer
Tree Trimmer
Utility Worker
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