HomeMy Public PortalAbout89-79RESOLUTION NO. 89-079
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON
APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF CARSON AND THE EMPLOYEES ASSIGNED TO
CLASSIFICATIONS IN THE SUPERVISOR'S UNIT REPRESENTED BY
THE ASSOCIATION OF SUPERVISORS.
THE CITY COUNCIL OF THE CITY OF CARSON RESOLVES AS
FOLLOWS:
SECTION 1. The representatives of the City of
Carson have met and conferred in good faith with the
representatives of the Association of Supervisors. As a
result of the meet and confer process, the City and the
Association have agreed on matters within the scope of
representation that are set forth in this Memorandum of
Understanding.
SECTION 2. The Memorandum of Understanding is
attached as Exhibit A and is part of this Resolution.
SECTION 3. The City Council adopts and approves
this Memorandum of Understanding.
PASSED, APPROVED and ADOPTED this 20th day of July, 1989.
Lki2,J �
MAYO
ATTEST:
c >.
CITY CLERK
Approved as to form: ,
A44I t �t City Attorney
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. 89-079 was duly and
regularly adopted by the City Council of said City at an adjourned regular meeting
of said Council, duly and regularly held on the 20th day of July, 1989, and that the
same was so passed and adopted by the following vote:
AYES: COUNCIL MEMBERS: Anderson, Muise, Calas and Mitoma
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Dewitt
4--
City Clerk, City of Carsonalifornia
Resolution No. 89-079
Page 2 of 2
EXHIBIT A
TO RESOLUTION NO. 89-079
A MEMORANDUM OF UNDERSTANDING FROM JULY 1, 1988 THROUGH
JUNE 30, 1989 BETWEEN THE CITY OF CARSON AND THE
EMPLOYEES ASSIGNED TO CLASSIFICATIONS IN THE
SUPERVISORS' UNIT REPRESENTED BY THE ASSOCIATION OF
SUPERVISORS
SUPERVI
Elaine Flynn
Association
f Supervisors
nis D. ee s
Association of Supervisors
JL
Lula Davis
Association of Supervisors
Paul Franco
Association of Supervisors
CITY OF CARSON
Scot I. Yotsuya
Deputy City A 'nistr
Don d A. Rae
Director of Personnel
Employer -Employee
Relations Officer
Phillip RW Smyt
Personnel Analyst
PREAMBLE
Pursuant to Chapter 10 (Section 3500 et seq.) of Division 4,
Title .i of the Government Code and Resolution 85-107, the
Employer-Employee Relations Resolution of the City of
Carson, the matters within the scope of representation that
are set forth in, this Memorandum of Understanding have been
discussed by and between representatives of the City of
Carson (hereinafter "city") and representatives of the
Association of Supervisors (hereinafter "association") and
except as otherwise provided herein shall apply to employees
assigned to the classification in the unit as set forth in
Appendix A.
The matters within the scope of representation that are set
forth in this Memorandum of Understanding have been
discussed in good faith and agreed to by the city and the
association a constituting an equitable adjustment to
present wages, .hours, and other terms and conditions of
employment as evidenced by the signatures of the duly
authorized representatives of the city and the association.
ARTICLE I
DEFINITION OF TERMS
The following terms' whenever used in the Memorandum of Understanding
shall have the meanings set forth in this Article.
SECTION 1 - ACTING DUTY: The performance of a temporary assignment by
an employee in a classification with a higher pay range than the
employee's usual classification.
SECTION 2 - CLASSIFICATION: A position or positions assigned to the
same job title.
SECTION 3 - DAY: A calendar day.
SECTION 4 - DEPARTMENT DIRECTOR: An individual assigned to any of the
following classifications: city administrator, deputy city
administrator, director of community development, director of
community safety, director of finance & administration, director of
parks and recreation, director of personnel, and director of public
works.
SECTION 5 - EMPLOYEE: An individual compensated through the city
payroll and appointed to one of the classifications listed in Appendix
A..
SECTION 6 - FULL TIME. A period consisting of forty (40) hours of
work per week in increments of eight (8)`hours per shift.
SECTION 7 - LEAVE: An authorized absence from work.
SECTION 8- MANAGEMENT: An employee assigned.to any of the following
classifications: 'accounting manager, deputy city administrator,
revenue manager, city administrator, community center manager,
community development manager,director of community development,
director of community safety, director of finance and .administration,
director of parks and recreation, director of personnel, director of
Public works, division engineer, community planner, public information
director, purchasing manager, redevelopment project manager; senior
building maintenance' supervisor, senior park maintenance supervisor,
superintendent of parks maintenance, superintendent of public works
maintenance and superintendent of recreation.
SECTION 9 - POSITION: The duties and responsibilities assigned to an
employee within a classification.
SECTION 10 - PREVAILING PAY RATE: The basic pay rate within a pay
range paid to an employee for the performance of the duties of a
classification.
SECTION 11 - SUPERVISOR: For the purposes of this Memorandum of
Understanding, shall. include those positions found in Appendix A of
this document.
ARTICLE II
COMPENSATION
TION 1: Effective July 1, 1989 the wage rates for all job
classifications subject .to this MOU shall be increased as shown in
Section 2.
SECTION 2 - GENERAL PAY RATES:
2.1
MONTHLY WAGE RATES:
Position Title
Monthly Salary
Administrative.Assistant
$2761 - 3524
Asst. Community Ctr. Manager
2839 - 3623
Associate Civil Engineer
3444 - 4395
Building Maintenance Supv.
2957 - 3774
Central Services Supv.
2355 - 3006
Code Enforcement Supv.
2864 3655
Community Center Supv.
2575 - 3286
Custodial Services Supv.
2432 - 3105
Equipment Maintenance Supv.
2621 - 3345
Event Supervisor
2575 - 3286
Parks Maintenance Supv.
2619 - 3342
Public Works Maintenance Supv.
2621 - 3345
Recreation Supervisor
2575 - 3286
Rehabilitation Supervisor
3045 - 3886
Safety Services Supervisor
2864 - 3655
Sr. Construction Inspector
2710 - 3459
Warehouse Supervisor
2320 - 2961.
Z.2
Employees subject to this Memorandum of Understanding, shall be
paid at a wage; rate that is at
least ten percent (10%) higher
than`the highest paid employee under their direct supervision.
2.3
Employees scheduled to work during the first shift from 6:30 a.m.
to 6:30 p.m. shall not be paid
shift differential pay for any
hours worked.
2.4
Employees scheduled to work during the second shift shall receive
shift differential pay calculated
as a five percent (5%) increase
in the employee's prevailing pay
rate for any hours worked from
2:00 p.m. to 11:00 p.m.
2.5
Employees scheduled to work during
shift differential
the third shift shall receive
pay calculated
in the employee's prevailing pay
as a ten percent (10%) increase
rate for any hours worked from
11;00 p.m. to 7:00 a.m.
2.6
The City shall be able to establish schedules for the first,
second, and third shifts in
accordance with the City's
operational requirements.
SECTION 3 - ACTING DUTY PAY:
3.1
The city administrator may appoint an employee to acting duty
status to perform the duties of
a vacated or newly created
classification.
•.3.2 An employee may. serve in acting duty status only until such time
as the city administrator makes a permanent appointment to the
classification, or until such time that the incumbent employee
returns to work.
3.3 An acting duty appointment may be effective for a period of up to
ninety (90) days except for unusual circumstances as defined by
the city administrator. The city administrator may extend an
acting duty appointment.
3.4 After satisfying the waiting period established in subsection 3.7
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
acting duty classification, and such acting duty pay rate shall
be at least five percent (58) more than the employee's prevailing
pay rate immediately prior to acquiring acting.duty status.
3.5 An employee shall not be paid more than the. maximum pay rate in
the pay range for the acting duty classification.
3.6 While serving in acting duty status, the employee shall continue
to receive any pay adjustments or advancements granted to the
employee's permanent classification..
3.7 An employee appointed to acting duty status shall receive acting
duty pay only after working for forty (40) consecutive work hours
in the acting !duty classification. A paid holiday shall be
considered• as time worked to fulfill the forty (40) hour
qualifying period.
3'.8 An, employee has the right to refuse any acting duty assignment
with justification as determined by the director of personnel.
3.9 An employee may ',be removed from acting duty status for any reason
at any time.
3.10 If an employee :in a subordinate classification is appointed to
acting duty status in a higher classification and an employee in
a superior classification is bypassed, the employee in the
superior classification may submit a statement of exception to
the appointing authority, through the director of personnel.
3.11 Department policy for acting appointments shall be consistent
with these guidelines and on file in the personnel department.
SECTION 4 = ADVANCEMENT:
4.1 Advancement shall mean a pay rate increase given to an employee,
contingent upon'i merit, within the pay range established for the
employee's classification. An employee's pay rate increase shall
be effective the first day of the payroll period closest to the
day the employee is granted the advancement.
4.2 In addition to those conditions provided for in standard
management procedures, employees shall be eligible for
advancement when the employee's length of service in their
classification satisfies at a minimum the following requirements:
Monthly Monthly Monthly Monthly Monthly Monthly
Rate Rate Rate Rate Rate Rate
A B C D E F
Date of 6 mos. 12 mos. 24 mos. 36 mos. 48 mos.
appt. after: after after after after
appt. appt. appt. appt. appt.
SECTION 5 - ALLOWANCE FOR MILEAGE: The city shall reimburse employees
for use of their personal automobiles for official city business at
the rate of #.30 per mile in accordance with standard management
procedures.
SECTION 6. - ALLOWANCE FOR UNIFORMS: The city shall in its sole
discretion determine eligibility standards for uniforms.
SECTION 7 - COMPENSATION FOR HOME CALLS: Employees receiving. work-
related calls at home as part of their regular duties shall be
compensated for such calls at the rate of one-half of their hourly
rate of pay. Evidence of said telephone calls shall be provided by
the employee and shall include a statement from the person making such
call indicating the date, time and purpose of the telephone call.
a��rivn a PWkVW"VX FOR SAFETY SHOES AND GLASSES: The city, in its
sole discretion, shall determine eligibility standards for safety
shoes, safety shields, or safety goggles.
SECTION 9 - OVERTIME: Employees are eligible to receive overtime pay
or compensatory time, but they shall not work overtime. unless
authorized in advance to do so by the department head. No overtime
pay may be.authorized unless funds are allocated and available in the
department's current fiscal budget for overtime work. Department
heads shall be responsible for keeping accurate records for all
overtime worked by their employees.
9.1 For purposes of determining overtime, a workday is the twenty-
four (24) hour period consisting of the eight (8) hours prior to
the start of the work shift and the sixteen (16) hours after the
start of the work shift. For example, if a schedule work shift
is 8:00 a.m. to 5:00 p.m., the workday is midnight to midnight of
the next day. Overtime shall not -be paid for hours worked during
the scheduled work shift.
9.2 The city shall provide employees with overtime Compensation
subject to the following conditions:
a. Employees shall receive either pay, calculated at one and
one-half (1/2) times their prevailing pay rate, or
compensatory leave, credited at one and one-half (1 1/2)
hours for the work performed.
(i) Work performed in excess of eight (8) hours in a
workday; except, when the city has a demonstrable need,
emnlovees may be scheduled to workup to ten (10) hours
per day, but not to exceed forty (40) hours in a work
week,. upon one week's advance notice. Such notice
shall include the approximate. length of schedule
change.
(ii) Work performed in excess of forty (40) hours in a work
week;
(iii)Work performed on the first and second scheduled days
of rest.
b. The first quarter hour of the first overtime hour 'shall not
be considered overtime work unless the employee works more
than a quarter hour of overtime. For purposes of
determining an employee's eligibility for. overtime
compensation only, authorized paid leave shall be considered
as hours of work.
C.. When the department director decides that an emergency
exists and requires that employees not on a scheduled shift
work more than four (4) hours between midnight and 8:00
a.m., such employees shall receive, at the discretion of the
department director, either pay, calculated at two and one-
half (2 1/2) times their prevailing pay rate, or
compensatory leave, credited at two and one-half (2 1/2)
hours, for each hour of emergency work. When the department
.director requires that employees work more than 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.
d. Employees 'called in to work at a time other then 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 an employee does not report
for work within thirty (30) minutes after being called in,
such employees shall not be entitled to the minimum
compensation, but shall be compensated only for the time
actually worked.
ARTICLE III
INSURANCE AND RETIREMENT BENEFITS
SECTION 1 — HEALTH INSURANCE PREMIUM:
1.1 Effective August 1, 1989, the city shall pay up to but not exceed
the amount of three hundred fifty ($350.00) dollars per month for
health insurance, provided by the city, 'for each full-time
employee and eligible dependents.
1.2 Effective July.1, 1989, current employee may use monies remaining
from the sum provided for health insurance to purchase additional
life insurance through city sponsored programs, purchase city
sponsored family vision care, or may put the monies in city
sponsored deferred compensation programs.
1.3 Employees hired after July 1, 1989 will not be entitled to any
unused monies for deferred compensation programs.
SECTION 2 -_DENTAL INSURANCE PREMIUM:
Effective August 1, 1989, and for the duration of this Memorandum of
Understanding, the city shall pay a maximum of forty-three dollars and
sixty-eight cents ($43.68) per month for dental insurance, provided by
the city, for each employee and eligible dependents.
SECTION 3 - LONG TERM DISABILITY INSURANCE PROGRAM:
3.1 The city shall provide a long term disability plan for each full-
time employee. The long term disability insurance program may
require an employee to be substantially disabled for. thirty (30)
calendar days, before the employee may receive long term
disability benefits.
3.2 An employee substantially disabled for more than thirty (30)
calendar days ,shall be paid sixty-six and two-thirds (66 2/3%)
percent of the',employee's prevailing pay rate at the time of the
disability, An employee may be eligible for long term
disability. Anemployee may be eligible for long term disability
insurance plan regardless of continued employment with .the city.
SECTION 4- LIFE INSURANCE PREMIUM:
The city shall provide each member with term life insurance coverage
of not less than twenty-five thousand dollars ($25,000). An employee
shall have the right to purchase additional life insurance and use
monies remaining from the sum provided by the city for employee's
health insurances.
SECTION 5 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) INSURANCE:
5.1 The city shall include eligible employees in the Public
Employees' Retirement System 2% at 60 plan and specified optional
public agency contract provisions.
5,.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
survivorsprogram;
a. The optional contract provision relating'to city payment of
the employee's normal member contribution so long as the
normal .member contribution as established by the Public
Employees Retirement System does not exceed 7.00% of the
employees salary. In the event the amount of normal member
contribution exceeds 7.00% of the employee's salary, the
employee shall be personally responsible for making any such
additional member contribution.
SECTION 6 - DEFERRED. COMPENSATION PROGRAMS:
The city shall continue to sponsor deferred compensation programs.
All current employee shall have the right to deposit an amount of
wages and/or monies remaining from the sum provided for health
insurance, not to exceed $340.03, subject to Federal and State tax
laws, into city sponsored deferred compensation programs. Employees
hired after July 1, 1989 are not entitled to unused monies from health
insurance for deferred compensation programs.
SECTION 7 - VISION CARE PROGRAM:
The city will sponsor a vision care program by January 1, 1990.
Employee may purchase vision care through a payroll deduction from
wages and/or with monies remaining from the sum provided for health
insurance.
ARTICLE IV
SAFETY
SECTION 1 - SAFETY RESPONSIBILITIES:
1.1 The city shall make a good faith effort to provide and maint.in 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
practices, equipment or hazardous conditions promptly to i:heir
immediate supervisor.
1.3 The city shall not require nor permit any employee to go or be in
any 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 and substantial risk of
harm to the employee.
SECTIONl - 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 3 .- SAFETY COMMITTE&: The city and the association shall
jointly participate in an advisory safety. committee. The membership
of the safety committee shall consist of two city representatives
designated by the .city administrator form the 'association, two
employee representatives designated form each other recognized
employee organization of the city, 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.
L
ARTICLE V
'CITY RIGHTS
SECTION I _ EXCLUSIVE CITY RIGHTS AND AUTHORITY: The city retains the
exclusive right to manage and direct the performance of city services
and the workforce performing such services. The city retains the
exclusive right to exercise its right to manage and direct the
performance of the city services and the workforce performing such
services. The following matters shall not be subject to the meet and
confer process, but shall be within the exclusive authority of the
city. The association expressly and specifically agrees that except
to the extent that .the city's rights are expressly and specifically
limited by the terms.of this agreement, the association has waived any
and all of its rights to meet and confer on any of the city's rights
or effects ",of the exercise of any of its rights.
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 Iimited to the right to contract out 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 lay off employees
for lack of work or other appropriate reasons;
h. Initiate 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 and economy desirable in
the performance of city services; and
n. Determine any and all necessary actions to carry out its
mission in emergencies.
The exclusive decision making authority of the city and management on
matters involving the city rights and authority shall not be in any
way, directly or indirectly, subject to the grievance procedure. The
employee may grieve the impact of the exercise '.of exclusive city
rights and authority that directly relates 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 inany manner in any picketing or impediment to work
in support of any such strike, work stoppage, slowdown, sick -in
or other conce'r'ted refusal to work or induces other employees of
the city to engage in such activities, such employee shall be
subject to discharge by the city.
2.2 In the event the association 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 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 association under any 'ordinance,
resolution, runes or procedures of the city, including but not
limited to. the `suspension of recognition of the association, and
the use of the city's bulletin boards and facilities.
2.3 The city agrees not to lock -out employees.
ARTICLE VI
ASSOCIATION SECURITY
SECTION 1 - RECOGNITION:
1.1 Pursuant to City of Carson Resolution No. 85-107 and state law,
the city recognizes the association as the exclusive
representative of all employees in the classifications listed in
Appendix A of this memorandum of understanding.
1.2 The association recognizes the employer-employee relations
officer as the exclusive representative of the city for purposes
of entering into this memorandum of understanding.
ARTICLE VII
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 - PERSONNEL RULES:
2.1 The association agrees to abide by the terms of Rule XI, Rule XII
and Rule XVI of the Personnel Rules as if such rules and sections
were set forth in full in this Memorandum of Understanding.
2.2 Rule XII, Section 1 -,Vacation leave is provided as. follows:
a. SECTION 1 VACATION LEAVE: The city shall provide
employees with vacation leave subject to the following
conditions:
i. The department director has the exclusive authority to
assign vacation leave to an employee. Unless the
employee's 'use of vacation leave interferes with
department operations, the department director shall
permit, vacation leave to be used at the employee's
discretion.
ii. Employees shall be credited with vacation leave at the
following rates:
(a) Eight (8) hours for each month of service or major
portion thereof from the date of appointment;
(b) Ten (10) hours for each month of service or. major
portion thereof upon the fifth anniversary date;
and
(c) Thirteen and thirty-three hundredths (13.33) hours
for each month of service or major portion thereof
upon the tenth anniversary date.
iii. Employees shall not be credited with vacation leave for
leaves `of absence without pay exceeding eighty (80)
working ihours in any calendar month.
iv. Employees may use vacation leave only after completing
their initial six (6) months of service. Employees
shall not use less than one (1) hour of vacation leave
at any one time.
V.. No member of the association shall carry over into the
next calendar year, more than three hundred sixty (360)
hours of vacation leave. Exception to this rule, due
to unusual circumstances, may be approved by the. City
.Administrator.
vi. When an employee separates from the city service the
employee shall be compensated for any accrued vacation
leave.. The value of accrued vacation leave shall be
calculated using the employee's prevailing pay rate on
the date of the employee's separation from city
service.
2.3 Rule XII, Section 2 - Sick leave is provided as follows:
a. SECTION 2 = SICK LEAVE: The city shall provide employees
with sick leave subject to the following conditions:
i. Employees shall be credited with sick leave at the rate
of eight (8) hours of sick leave for each month of
service or major portion thereof. Sick leave shall not
be credited for leaves of absence without pay exceeding
eighty (80) working hours in any calendar month.
ii. Employees failing to satisfactorily complete their
Probationary period or who resign during their
Probation period must reimburse the city fall utilized
sick leave. Sick leave may not be used in increments
Of less than one-half (1/2) hour..
iii. Employees may accrue a maximum of seven hundred (700)
hours of sick leave as of July 1, 1989.
iv. Employees may elect to be paid for any amount of sick
leave ',;accumulated in excess of five hundred and
seventy-six (576) hours; however, such election must be
made prior to July 30, 1985. Any excess accumulated
sick leave shall be paid for at one-half the employee's
regular rate of pay.
V. Employees may not use sick leave at their discretion,
but only in cases of actual personal sickness. Sick
leave may also be used for medical and dental
appointments, and pregnancy.
vi. When .en employee uses sick leave, the department may
require the employee to present upon return toworka
personal certification stating the reason for such sick
leave... When an employee uses sick leave in excess of
twenty-four (24) consecutive working hours, the
employee shall present upon return to work a medical
certification signed by a physician or licensed medical
practitioner stating the reason such sick leave.
vii. When an employee wishes to use accrued sick leave, the
employee shall notify the department director either
before.,or within one (1) hour after the time set for
beginning the work period, of the intended absence due
to sickness, unless the employee is incapacitated and
physically unable to provide the required notification.
Employees on sick leave shall regularly inform the
department director of their physical condition.
viii -An employee shall be paid one-half (1/2) of accumulated
unused sick leave up to seven hundred (700) hours upon
termination from the city during the duration of this
Memorandum of Understanding.
2:4 Rule XII, Section 3 - Compensatory leave is
provided as follows:
a. SECTION 3 COMPENSATORY LEAVE: The city shall provide
employees exempt from the provisions of the Fair Labor
Standards Act with compensatory leave subject to the
following conditions:
i. Employees exempt from the Fair Labor Standards Act
shall..request use of compensatory leave in advance by
written notice submitted to their supervisor.
Employees shall not use less than one (1) hour of
compensatory leave at any one time. Compensatory leave
shall. -only be used at the discretion of the employee's
supervisor. Employees may combine the use of
compensatory leave with other authorized paid leave if
approved by the employee's department director.
ii. An employee shall not accrue more than sixty (60) hours
Of compensatory leave. An employee may carry over to
the next calendar year up to sixty (60) hours of
compensatory leave.
iii. When an employee separates from the city service for
any reason, the employee shall be compensated for any
accrued compensatory leave. The value of accrued
compensatory leave shall be calculated` using the
employee's prevailing pay rate on the. date of the
employee's separation from city service.
t
2.5 Rule XII, Section 7 - Long Term Disability leave is provided as
follows:
a. SECTION 7 - LONG TERM DISABILITY LEAVE: The city shall
provide employees with long term disability leave subject to
the following conditions:
Long,Term Disability leave may be granted for periods
Of up 'to one (1) year. Employees still substantially
disabled after one (1) year will be separated from the
City service.
2.6 Rule XII, Section 9 - Leave of Absence Without Pay is provided as
follows:
a• SECTION 9 - LEAVE OF ABSENCE WITHOUT PAY: The appointing
authority has the exclusive authority to approve an
employee's request for leave of absence from work without
pay. Such .leave of absence shall not be approved unless the
employee provides the appointing authority with a written
reason for the' request. If the appointing authority
approves. such leave of absence for a period of ten (10)
working days or less, the employee shall not lose any
seniority for such leave of absence. After the expiration
of an approve leave of absence without pay, employees shall
be reassigned to their former classification. A leave of
absence without pay will not be granted in excess of one (1)
year.
ti.
2.7 Rule XVI, Grievance Procedure is provided as.follows:
SECTION 3 - FORMAL GRIEVANCE PROCEDURE: The formal grievance
shall be used to resolve an employee's complaint not
satisfactorily resolved by informal discussion.
a• 3.2 The formal grievance shall be presented to the
department director. The department director shall
discuss the grievance with the employee and/or the
employee's designated representative. Within five (5)
working days after receipt of the formal grievance, the
department director shall render a written decision
regarding its merits. If the department director's
decision does not satisfactorily resolve the complaint,
the representati may and/or employee's designated
y present the formal%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 when the employee doe not seek
further review of the grievance within five (5) working
days after the receipt of the decision of the
department director. Failure of the department
director to render a written decision on the grievance
withinfive (5) working days constitutes a decision
denying the grievance. The employee may then present
the 'formal grievance to the director of personnel
within' five (5) working days of the department
directors decision.
3.3 When ;the employee presents a formal grievance to the
director of personnel, the director of personnel shall
discus's the grievance with the employee and/or
employeethe
's designated representative. Within ten (10)
working days after receipt of the formal grievance, the
director of personnel shall render a written decision
regarding its merits. If the decision of the director
of personnel doe not satisfactorily resolve the
complaint, the employee and/or the' employee`s
designated representative may present the formal
grievance to the city administrator. The
grievance
shall be considered resolved, and no further review of
the subject matter of the grievance shall be permitted
when the employee does not seek further review of the
grievance within five (5) working days after receipt of
the ,decision. of the director of personnel. The
employee may then present the formal grievance to the
city administrator within five (5) working days of the
director of personnel's decision.
SECTION 3 - CLASS SPFr'IFICATIONS: The City agrees to insure that the
class specifications of positions subject to this memorandum of
understanding will be amended, if necessary, to reflect the actual s pursuant
duties of incumbents. Any amendments to class specification
to this section will be made during the life of thi
will not involve any salary adjustments. s agreement, and
ARTICLE VIII
MODIFICATION AND DURATION
SECTION 1 - MODIFICATION AND WAIVER: The city and the association
agree that this Memorandum of Understanding shall contain all of the
covenants, stipulations, and agreements of the parties. The city and
the association understand that provisions contained in the municipal;
code, personnel rules, or standard management procedures that directly
related to matters within the scope of representation become a part of
this Memorandum of Understanding. Except as otherwise provided, the
city and the association agree, understand, and reserve the right,
Upon mutual agreement, to meet and confer in good faith with respect
to any subject or matter covered in this Memorandum of Understanding.
SECTION 2 - SEVERABILITY: Notwithstanding any other provisions of
this memorandum of understanding, in the event that any article,
section, or subsection of this memorandum of understanding 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 or regulation diminish the benefits provided by this memorandum of
understanding, 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. memorandum of understanding not affected shall
continue in full force and effect.
SECTION 3 - DU TION:
3.1 This Memorandum. of Understanding shall be binding on the city and
the a ssociation,when approved and adopted by the City Council,
3.2 The city and, the association agree that negotiations on a
successor contract shall begin in the first week of April, 1990.
The association will submit a list of requests to the City no
later than March 31, 1990.
3.3. Except as otherwise provided herein, this Memorandum of
Understanding shall be in full force and effect from July 1,
1989, and shall remain in full force and effect
including June '30, 1990. up to and
APPENDIX A
DESIGNATED APPROPRIATE UNIT
SUPERVISORS UNIT
ADMINISTRATIVE ASSISTANT
ASSISTANT COMMUNITY`CENTER MANAGER
ASSOCIATE CIVIL ENGINEER
BUILDING MAINTENANCE SUPERVISOR
CENTRAL SERVICES SUPERVISOR
CODE ENFORCEMENT SUPERVISOR
COMMUNITY CENTER SUPERVISOR
CUSTODIAL.SERVICES SUPERVISOR
EQUIPMENT MAINTENANCE SUPERVISOR
EVENT SUPERVISOR
PARKS MAINTENANCE SUPERVISOR
PUBLIC WORKS MAINTENANCE SUPERVISOR
RECREATION SUPERVISOR
REHABILITATION SUPERVISOR
SAFETY SERVICES OFFICER
SENIOR CONSTRUCTION INSPECTOR
WAREHOUSE SUPERVISOR
APPENDIX B
PERSONNEL RULES
The City's -Personnel Rules have been amended as follows:.
RULE I
SECTION 1 - APPOINTING AUTHORITY: The City Administrator shall be
appointing authority, except that the City Clerk and the City
Treasurer shall be the appointing authority for their respective Chief
Deputies.
SECTION 7 - DEPARTMENT DIRECTOR: An individual assigned to any of the
following classifications: City Administrator, Deputy City
Administrator, Director of Community Development, Director of
Community Safety, Director of Finance and Administration, Director of
Parks and Recreation, Director of Personnel, Director of Public Works.
SECTION 18 - REALLOCATION: A change in the placement of a position
within the classification.plan.
SECTION 19 - RECLASSIFICATION: The reallocation of an individual
Position to a different classification which may be higher, lower, or
at the same level,based upon substantial changes in the kind,
difficulty,. or responsibility of the duties of the position.
SECTION 20....- REJECTION: Renumbered from Section 18.
SECTION 21 - SALARY'RANGE ADJUSTMENT: A change in the pay range of a
classification.
SECTION 22 - SENIORITY: Renumbered from Section 19.
SECTION 23-- SUSPENSION: Renumbered from Section 20.
SECTION 24 - TERMINATION: Renumbered from Section 21.
SECTION 25 - TITLE CHANGE: The reallocation of an individual position
to a different classification which is at the same level and is, at
least in part, similar in kind, difficulty, and responsibility of
duties.
RULE V
EXAMINATION PROCEDURES
SECTION 2 - CLOSED PROMOTIONAL EXAMINATIONS: When a vacancy exists in
the competitive service, for a position other than an entry level
Position, the Director of Personnel may, with the approval of the
appointing authority, post a notice of the vacancy at all city
facilities and allow a reasonable time for receipt of applications
from employees. A promotional employment list shall be prepared,
after an examination is administered to employee applicants. A valid
Promotional employment list shall contain the name of at least one (1)
eligible employee. If an open examination is conducted an employee
who was affected may request in writing, the reason(s) why the
examination was not closed.
RULE XI
COMPENSATION PROCEDURES
SECTION 5 - COURT SERVICE COMPENSATION: Employees summoned to any
court to perform any service, or to provide testimony regarding events
observed in the course and scope of their employment, or as directed
by the department director, shall be paid their prevailing pay rate
during such court service. Employees will not be compensated for jury
services which is voluntary.
RULE XII
LEAVE PROCEDURES
SECTION 5 - HOLIDAY LEAVE. Holidays are as follows:
January`"1st;
The third Monday in.January;
The third Monday in February;
The last Monday in May;
July 4th;
The first Monday in September;
November 11th;
Thanksgiving Day;
The Friday following Thanksgiving Day;
December 25th;
Three Floating;Holidays;
Every day proclaimed by the president, governor or mayor of this
city as a public holiday.
(The city may declare the third Monday in January as one of the
floating holidays or as one of .an employee's earned vacation
days)
RULE XIV
DISCIPLINARY PROCEDURES
SECTION 1 - LEGITIMATE REASONS FOR DISCIPLINARY ACTION - Add:
(q) The use of threats of physical violence against and in the
presence 'of employees and/or the general public; self
defense is not grounds for discipline..
(r) Involvement in an altercation/ fight while at work. The
recommended disciplinary action for fighting may be
discharge. Employee will retain the right to appeal the
disciplinary action.
RULE XV
APPEAL PROCEDURES
SECTION 2 - SCHEDULING OF DISCIPLINARY HEARING: The Director of
Personnel shall schedule any disciplinary hearing within a reasonable
time after the filing of the employee's request, considering the
availability of a hearing officer and the convenience of the employee
and witnesses. If the disciplinary action recommended by the
department director is discharge, the disciplinary hearing shall begin
within fifteen (15). days after the filing of the employee's request,
unless a time extension is agreed to by both the hearing officer and
the affected employee.
SECTION 4 - REPRESENTATION AT DISCIPLINARY HEARING: At the
disciplinary hearing, the employee may appear personally an may be
represented by counsel or other representative. Employee whose
positions are represented by the Municipal Employees' Union, Local
809, may appear personally and may be represented by an employee
designated by the union. The employee and the city shall have the
right to produce and confront witnesses, and to present any relevant
oral or documentary evidence.
RULE XV
APPEAL PROCEDURES
SECTION 8 - APPEAL OF HEARING OFFICERS DECISION: Delete.
SECTION 9 - REQUEST FOR HEARING APPEAL: Delete.
SECTION 10 - REPRESENTATION AT APPEAL HEARING: Delete.
SECTION 11 -.CITY COUNCIL'S DECISION: Delete.
;