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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. ;