HomeMy Public PortalAbout91-025 RESOLUTION NO. 91-025
• RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON APPROVING
• MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARSON AND
THE EMPLOYEES ASSIGNED TO CLASSIFICATIONS REPRESENTED BY LOCAL
809, AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL
EMPLOYEES.
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 Local 809,
AFSCME. As a result of the meet and confer process, the City and Local
809, AFSCME 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 19th of tAarch, 1991.
MAYOR
ATTEST:
/p
CITY CLi9RK
APPROVED AS TO FORM: AS TO THE RESOLUTION
ONLY, BUT NOT THE AGREEMENT (MOU) WHICH
WAS PREPARED BY !OUTSIDE COUNSEL
A,5507-ITY ATTORNEY
Resolution No. 91-025/Page 2
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. 91-025 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 19th day of March, 1991, and that the same was so passed and
adopted by the following vote:
AYES: COUNCIL MEMBERS: Mitoma, Calas, and DeWitt
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Muise
ABSENT: COUNCIL MEMBERS: McDonald
cam_
City Clerk, City of Carso , California
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
between the
CITY OF CARSON
and
MUNICIPAL EMPLOYEESt UNION,
LOCAL 809, COUNCIL 36, AMERICAN
FEDERATION of STATE, COUNTY,
and MUNICIPAL EMPLOYEES
1990 - 1992
TABLE OF CONTENTS
Page
Article I RECOGNITION 5
Article II COMPENSATION 6-9
Section 1 - Salary
Section 2 - Shift Differential Pay
Section 3 - Acting Duty Pay
Section 4 - Advancement
Section 5 Allowance for Mileage
Section 6 - Bilingual Usage Pay
Section 7 - Allowance for Uniforms
Section 8 - Court Service
Article III BENEFITS 10-13
Section 1 - Health Insurance Benefits
Section 2 - Dental Insurance Benefits
Section 3 - Long Term Disability Insurance
Section 4 - Life Insurance Premium
Section 5 - Public Employee Retirement System
(PERS) Insurance
Section 6 - Deferred Compensation Programs
Section 7 - Vision Care Program
Article IV LEAVE 14-21
Section 1 - Annual Leave
Section 2 - Sick Leave
Section 3 - Compensatory Leave
Section 4 - Holiday Leave
Section 5 - Release Time Leave
Section 6 - Work Disability Leave
Section 7 - Long Term Disability Leave
Section 8 - Military Leave
Section 9 - Leave of Absence Without Pay
Section 10 - Time off for Voting
Section 11 - Lunch Period
Section 12 - Rest Period
Section 13 - Leave for Permanent Part time
Employees
Article V OVERTIME 22-23
Section 1 - Overtime Policy
Section 2 - Workday/workweek
Section 3 - Overtime Compensation
Section 4 - Opportunity to Work Overtime
Section 5 - Holiday Compensation
Page 2
Page
Article VI LAYOFF 24-25
Section 1 - Prerequisite for Layoff
Section 2 - Order of Layoff
Section 3 - Voluntary Demotion
Section 4 - Recall
Section 5 - Layoff from Other Representational
Units
Article VII SAFETY 26-27
Section 1 - Safety Responsibilities
Section 2 - Safety Committee
Section 3 - Safety Devices and Safeguards
Section 4 - Pesticide Safety
Article VIII DISCIPLINE AND DISCHARGE 28
Section 1 - Just Cause
Section 2 - Representation
Article IX GRIEVANCE PROCEDURE 29-30
Section 1 - Grievance Defined
Section 2 - Informal Discussion of Grievance
Section 3 - Formal Grievance Procedure
Section 4 - Non-Departmental Grievances
Section 5 - Reprisals
Article X APPEAL PROCEDURES 31-32
Section 1 - Request for Disciplinary Hearing
Section 2 - Scheduling of Disciplinary Hearing
Section 3 - Hearing Officer
Section 4 Representation at Disciplinary
Hearing
Section 5 Burden of Proof and Evidence
Section 6 - Conduct of Disciplinary Hearing
Section 7 - Hearing Officer's Decision
Article XI CITY RIGHTS 33-34
Section 1 - Exclusive City Rights & Authority
Section 2 - Concerted Refusal to Work
Article XII UNION RIGHTS 35
Section 1 - Exclusive Representation
Section 2 - Bulletin Boards
Section 3 - Negotiations
Section 4 Union Officers
Page 3
Page
Article XIII UNION SECURITY 36-37
Section 1 - Dues Deductions
Section 2 - Maintenance of Membership
Section 3 Agency Shop
Article XIV PERMANENT, PART-TIME EMPLOYEES 38
Section 1 - Permanent, Part-time Classes
Defined
Article XV OTHER MATTERS WITHIN THE SCOPE OF 39
REPRESENTATION
Section 1 - Status of Grant-funded Employees
Section 2 - Union Management Meetings
Section 3 . - Promotional Opportunities
Section 4 - Classification Study
Article XVI MODIFICATION AND DURATION 40
Section 1 - Severability
Section 2 - Duration
Article XVII DEFINITION OF TERMS 41-42
Section 1 - Acting Duty
Section 2 - Classification
Section 3 - Day
Section 4 - Department Director
Section 5 - Employee
Section 6 - Full-time
Section 7 - Immediate Family
Section 8 - Leave
Section 9 - Management
Section 10 - Permanent Part-time Employee
Section 11 - Position
Section 12 - Prevailing Pay Rate
Section 13 Seniority
Appendix A Designated Appropriate Units 43-44
Appenxix B Occupational Groupings 45-47
Page 4
ARTICLE I
RECOGNITION
The City of Carson (hereinafter the "city") recognizes the
Municipal Employees' Union, Local 809, Council 36, American
Federation of State, County and Municipal Employees (hereinafter
the "union" or "AFSCME") as the sole exclusive bargaining agent
for employees in the Middle Management and Professional Unit, the
Clerical and Technical Unit, and the Crafts and Trades Unit in
all matters concerning wages, hours and working conditions.
It is agreed that this memorandum of understanding was negotiated
pursuant to Chapter 10 (Section 3500 et. seq. ) of Division 4,
Title 1 of the Government Code and pursuant to Resolution No. 85-
107 Employer-Employee Relations Resolution of the City of Carson.
The union recognizes the employer-employee relations officer as
defined in Resolution No. 85-107, (Employer-Employee Relations
Resolution) as the exclusive representative of the city for
purposes of entering into this memorandum of understanding.
The city agrees to make a good faith effort to assure that all
rules, policies and procedures are uniformly and consistently
applied throughout the city service.
Page 5
ARTICLE II
COMPENSATION
SECTION 1 - SALARY: Effective the following dates, the wage rates
of job classifications subject to this memorandum of
understanding shall be increased as follows:
1 . 1 Effective March 1 , 1991 , the wage rates of all job
classifications subject to this memorandum of understanding
shall be increased by 5.5%. ;
1 .2 Effective July 1 , 1991 , the wage rates of all job
classifications subject to this memorandum of understanding
shall be increased by the percentage change in the Consumer
Price Index for all Urban Consumers for the Los Angeles
area, March 1990 - March 1991 , provided such increase shall
not be less than 2.5% or more than 5.5%.
SECTION 2 - SHIFT DIFFERENTIAL PAY:
2.1 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.
2.2 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.
2.3 Employees scheduled to work during the third shift shall
receive shift differential pay calculated as a ten percent
(10%) increase in the employee's prevailing pay rate for any
hours worked from 11 :00 p.m. to 8:00 a.m.
2.4 Employees scheduled to work a split-shift between the first
and second shifts will receive the 5% differential for those
hours worked in the second shift, providing that the 4 or
more hours of the employee's schedule hour shift is in the
second shift.
2.5 Management 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.
Page 6
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 An employee appointed to acting duty status shall be paid a
pay rate not less that the minimum pay rate in the pay range
for the acting duty classification, 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.
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 be eligible 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 immediately upon assuming the acting duty
position, provided the assignment is for at least eight (8)
hours.
3.8 An employee has the right to refuse any acting duty
assignment in writing, with justification, as determined by
the Director of Personnel.
3.9 An employee appointed to acting duty status can discontinue
the acting duty assignment by notifying the immediate
supervisor in writing two (2) days in advance of the
employee's intention to return to regular status.
3. 10 An employee may be removed from acting duty status for a
legitimate reason at any time.
3.11 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. 12 If a union represented employee is temporarily appointed to
acting duty status to a position not represented by AFSCME,
the employee shall continue to receive the same fringe
benefits at the same levels and rates as that employee
received prior to the temporary assignment.
Page 7
SECTION 4 - -ADVANCEMENT:
4. 1 Advancement shall mean a pay rate increase given to an
employee, contingent upon a satisfactory or better
performance evaluation, within the pay range established for
the employee's classification. An employee's pay rate
increase shall be effective on the employee's merit date.
4.2 The city shall retain the flexibility to hire employees with
exceptional skills, experience or qualifications at a_ pay
rate above the A-step.
4.3 The city's full time pay ranges consist of six (6) merit pay
steps (A-F) . The first two (2) pay steps (A-B) shall
require at least six (6) months before eligibility for a
merit increase to the next step. The last four (4) pay
steps (C-F) shall require at least twelve months before
eligibility for a merit increase to the next step through to
final step (F) .
4.4 Permanent Part-Time Employees
Hourly Hourly Hourly Hourly
Rate Rate Rate Rate
A B C D
Date 750 working 1500 working 2250 working
of hours after hours after hours after
appointment appointment appointment appointment
SECTION 5 - ALLOWANCE FOR MILEAGE: For the term of this
memorandum of understanding, the city shall reimburse employees
for use of their personal automobile for official city business
at the rate of $.35 per mile in accordance with standard
management procedures. During the term of this memorandum of
understanding, the city and the union will study the issue of
employee-owned equipment damaged in the course and scope of
employment.
SECTION 6 - BILINGUAL USAGE PAY:
6. 1 The City Administrator may grant compensation to an employee
for using bilingual skills in the course of work.
6.2 Employees required to use bilingual skills while working may
petition for bilingual usage pay by submitting written
justification approved by the department director to the
City Administrator.
6.3 Bilingual usage pay shall be thirty-five dollars ($35 .00)
per month.
Page 8
SECTION 7 - ALLOWANCE FOR UNIFORMS:
7. 1 The city shall pay, to an approved vendor, the full cost to
provide, maintain and clean, seven (7) shirts, seven (7)
pants and one (1 ) jacket for employees occupying
classifications in the crafts and trades unit required by
management to wear uniforms, and seven (7) shirts and seven
(7) pants for employees in the classifications of Lounge
Assistant and Storekeeper. The city shall provide, maintain
and clean, seven (7) shirts, five (5) pants or skirts, one
(1 ) jacket and ties if required to employees in. the
classifications of code enfo :cement Officer, Security Guard,
and Business License Officer. The city shall replace
uniforms as required if such replacement is necessary due to
normal wear as determined by management.
7.2 The city shall provide permanent, part-time employees
assigned to work at city parks, with two (2) pair of long
pants, two (2) pair of short pants and six (b) uniform
shirts. Permanent, part-time employees shall be responsible
for laundering and maintenance of uniforms. The city shall
replace uniform items as necessary, due to normal wear as
determined by management. Tiny Tot Instructors shall not be
eligible to receive uniforms.
SECTION 8 - COURT SERVICE COMPENSATION: Employees summoned to a
municipal or superior court to perform jury 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.
Page 9
ARTICLE III
BENEFITS
SECTION 1 - HEALTH INSURANCE BENEFITS:
1 .1 Effective March 1 , 1991 , the city shall pay up to but not
exceed the amount of three hundred sixty ($360.00) dollars
per month for health insurance, provided by the city, for
each full-time employee and eligible dependents. Effective
August 1 , 1991 , such amount shall be three hundred seventy
($370.00) dollars.
1 .2 Full-time employees covered by this section shall have their
choice of plans provided by the Public Employees Retirement
System (P.E.R.S. ) , and available in this service area.
1 .3 Spouse and dependent coverage shall continue to be available
as provided through P.E.R.S. An employee's spouse and
dependent children under age twenty-three (23) who have
never been married, as well as children over age twenty-
three (23) who have never been married and are incapable of
supporting themselves due to physical or mental disabilities
existing prior to obtaining age twenty-three (23) are
currently eligible to be enrolled in P.E.R.S. health plans.
This section will be in effect for the duration of this
Memorandum of Understanding, subject to any contract changes
imposed by P.E.R.S.
1 .4 Effective March 1 , 1991 , the city shall pay three-quarters
(3/4) of the premium up to but not exceed the amount of two
hundred seventy five ($270.00) dollars 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. Effective August 1 , 1991 , that amount
is increased to $277.50
1 .5 Retired employees shall be covered by the health insurance
provided by the city according to the rules established by
P.E.R.S. The city shall pay the monthly health insurance
premium for retired employees' health insurance for the term
of this memorandum of understanding, subject to any contract
changes imposed by P.E.R.S.
1 .6 An employee shall have the right to purchase additional life
insurance through city sponsored programs, including the
Pacific Standard programs, using monies remaining from the
sum provided by the city for employees health insurance.
1 .7 Effective July 1 , 1989 current employees shall have the
right to use monies remaining from the sums provided for
Page 10
health insurance to purchase additional life insurance
through city sponsored life insurance programs, purchase
city sponsored family eye-care or may put the unused monies
in city sponsored deferred compensation programs.
1 .8 Employees hired after 7-1 -89 will not be entitled to any
unused monies for deferred compensation programs.
SECTION 2 - DENTAL INSURANCE BENEFITS:
2. 1 Effective July 1 , 1989, and during the length of this
contract the city shall pay the sum of $43.68 for dental
insurance provided by the city, for each full-time employee
and eligible dependents.
2 . 2 Two dental plans are available to full-time city employees
and permanent part time employees:
a. Under the Nationwide Benefits National Plan: an
employee may select any dentist; there is an annual
deductible; claim forms must be submitted to the
insurance company for payment; preventive maintenance
is covered in full; eighty percent (80%) of basic
maintenance is covered; and fifty percent (50%) of
major maintenance is covered.
b. Under the Safeguard Plan: employees must select a
Safeguard dental provider; there are no claim forms;
there are no deductibles; and there are co-payments for
some services provided.
2. 3 Effective March 1 , 1991 , the city shall pay three quarters
(3/4) of the premium up to but not to exceed the amount of
thirty-two dollars and fifty-four one-hundredths ($32. 54)
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.
2 . 4 The city shall continue to self-fund the Nationwide Benefits
National plan and shall:
a. Set up an account for this program separate from the
General Fund.
b. Post all dental insurance benefit monies for AFSCME
employees on a monthly basis to designated account.
C. Post interest earned to designated account
2.5 The City shall provide AFSCME with quarterly reports of
actual costs for AFSCME represented employees enrolled in
the City' s self-insured dental plan.
Page 11
SECTION 3 - LONG TERM DISABILITY INSURANCE:
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 sixty (60) calendar days before the employee may receive
long term disability benefits.
3 .2 An employee substantially disabled for more than sixty (60)
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 insurance benefits until age 65 in
accordance with the provisions of the long term disability
insurance plan regardless of continued employment with the
city.
SECTION 4 - LIFE INSURANCE PREMIUM: The city agrees to provide
each full-time employee with term life insurance coverage of not
less than twenty thousand ($20, 000) dollars. An employee shall
have the right to purchase additional life insurance through city
sponsored programs using monies remaining from the sum originally
provided by the city for the employee's health insurance.
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
survivors program;
d. 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 tho employee's 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
Page 12
employees shall have the right to deposit an amount of wages
and/or monies remaining from the sum provided for health
insurance not to exceed three hundred forty and three one-
hundredths ($340.03) dollars, subject to Federal and State tax
laws, into city sponsored deferred compensation programs.
Employees hired after 7-1-89 are not entitled to unused monies
from health insurance for deferred compensation programs.
SECTION 7 - VISION CARE PROGRAM: The city shall continue to
sponsor a vision care program. Employees may purchase vision
care through payroll deduction from wages and/or with monies
remaining from the sum provided for health insurance.
}
Page 13
ARTICLE IV
LEAVE
SECTION 1 - ANNUAL LEAVE: The city shall provide employees with
annual leave subject to the following conditions:
1 .1 Annual leave is the periods of approved absence with pay
from regularly scheduled work which are not properly
chargeable to some other category of leave. Annual leave is
the combination of the previous leaves of vacation leave,
the three days of floating holiday and sixteen (16) hours of
the forty (40) hours of personal leave.
1 .2 The department director has the exclusive authority to
assign annual leave to an employee. Unless the employee's
use of annual leave interferes with departmental operations,
the department director shall permit employees to use annual
leave at the employee's discretion.
1 .3 Employees shall be credited with annual leave at the
following rates:
a. Eleven and thirty-three hundredths (11 .33) hours for
each month of service or major portion thereof from the
date of appointment;
b. Thirteen and thirty-three hundredths (13.33) hours for
each month of service or major portion thereof upon the
fifth anniversary date; and
C. Sixteen and sixty-six hundredths (16.66) hours for each
month of service or major portion thereof upon the
tenth anniversary date.
1 .4 Employees shall not be credited with annual leave for leave
of absence without pay exceeding eighty (80) working hours
in any calendar month.
1 .5 Employees may use annual leave only after completing their
initial six (6) months of service. Employees shall not use
less than one (1 ) hour of annual leave at any one time
1 .6 Employees may carry over to the next calendar year up to
four hundred (400) hours of annual leave. All annual leave
} accrued in excess of four hundred (400) hours shall be used
within the calendar year in which the employee accrued such
excess annual leave. Exceptions to this rule may be
approved by the city administrator.
1 .7 When employment terminates, the employee shall be
compensated for any annual leave. The value of accrued
annual leave shall be calculated using the employee's
Page 14
prevailing pay rate on the date of the employee's separation
from city service.
SECTION 2 - SICK LEAVE: The city shall provide employees with
sick leave subject to the following conditions:
2. 1 Employees shall be credited with sick leave at the rate of
ten (10) 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.
2.2 Employees may accrue a maximum of seven hundred (700) hours
of sick leave. Employees may use accrued sick leave only
after completing their initial one (1 ) month of service.
2.3 Employees may not use sick leave at their discretion, but
only in cases of actual personal sickness, sickness in the
immediate family where the employee must provide care to the
immediate family member or for bereavement. Sick leave may
also be used for personal medical, dental, and optical
appointments and pregnancy.
2.4 When an employee uses sick leave, the department director
may require the employee to present upon return to work a
personal certification ( not a doctor's slip) stating the
reason for such sick leave. When an employee uses sick
leave in excess of thirty (30) 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 for such sick leave.
2.5 When an employee wishes to use accrued sick leave, the
employee shall notify the department director either before,
or within one 0 ) 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.
2.6 When employment terminates, the employee shall be
compensated for one-half (1 /2) the value of accrued sick
leave, provided the employee has 1 ,825 calendar days (5
years) of service. For purposes of this subsection,
"service" shall mean the length of employment with the city
since the most recent date of hire, with no credit for time
spent on leaves of absence without pay beyond the initial
two (2) weeks of any such leave of absence. The value of
accrued sick leave shall be calculated using the employee's
prevailing pay rate on the date of the employee's separation
form city service. A rejected probationary employee shall
not be paid for any accrued sick leave.
Page 15
SECTION 3 - COMPENSATORY LEAVE: The city shall provide employees
with compensatory leave subject to the following conditions:
3. 1 Upon advance written notice and unless the employee's use of
compensatory leave interferes with departmental operations
the employee! s immediate supervisor shall permit the
employee to use compensatory leave at the employee's
discretion. Employees shall not use less than (1 ) hour of
compensatory leave at any one time. Employees may use
compensatory leave along with any other authorized paid
leave with approval of the department director. Employees
shall make a good faith effort to reduce compensatory leave
accrual balances below the forty (40) hour maximum accrual
level.
3.2 An employee shall not accrue more than forty (40) hours of
compensatory leave. An employee may carry over to the next
calendar year up to forty (40) hours of compensatory leave.
3 .3 The department head shall be responsible to insure that
employees who resign or retire shall use all accumulated
compensatory time prior to termination. In extenuating
circumstances, the department head may, with the approval of
the City Administrator, waive the mandatory use of
compensatory time prior to termination. In such case the
employee would be paid for such compensatory time
3.4 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.
SECTION 4 - HOLIDAY LEAVE: The city shall provide employees with
the following holidays with pay subject to the following
conditions:
4.1 The following days will be recognized holidays for union
employees:
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;
December 25th;
Every day proclaimed by the President, Governor or Mayor of
this city as a public holiday.
4.2 When any day granted as a holiday falls on a Sunday, the
following Monday shall be considered the holiday. In order
Page 16
to be paid for a holiday, the employee must work the
scheduled work period immediately before and after the
holiday unless the employee is absent from the scheduled
work period immediately before and after a holiday on
authorized paid leave.
4.3 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 additional holiday
leave when granted, and such leave cannot be accrued.
Employees absent on other paid leave when such additional
holiday leave is granted shall not receive compensatory
leave or additional pay because of their absence.
4.4 All designated holidays shall be compensated for in 10 hour
increments, for a total of 90 hours annually regardless of
an employee's work schedule.
4.5 When an employee is assigned to a 5/8 or 9/80 schedule,
excess holiday hours can be accumulated up to 18 hours for
use as other paid leave credits. It is agreed that an
employee can carry a negative holiday leave balance which
may come about as a result of assuring that this agreement
does not result in a need to utilize regular hours for the
Friday following Thanksgiving.
4.6 Should the City abandon the closure of City Hall on Fridays,
the day after Thanksgiving will be reinstated as a holiday
and holiday hours will be renegotiated to insure that all
AFSCME employees accrue the same number of holiday hours.
SECTION 5 - RELEASE TIME LEAVE: The city shall provide employees
with release time leave subject to the following conditions:
5. 1 Upon advance notice and unless the employee's or designated
representative's use of release time interferes with
departmental operations, the immediate supervisor shall
permit an employee and one designated representative to use
release time as time off work with pay in order to prepare a
formal grievance or to appeal a disciplinary action.
5.2 The immediate supervisor may approve release time requests
for up to one (1 ) hour for both the employee and one (1 )
designated representative for each formal grievance. The
immediate supervisor may approve release time requests for
up to two (2) hours for both the employee and one (1 )
designated representative for each predisciplinary
conference or disciplinary hearing. Additional requests for
release time to prepare for a formal grievance or to appeal
a disciplinary action must be approved in advance by the
appointing authority.
Page 17
5.3 An employee' s designated representative may use release time
to be present at the presentation of a grievance, a
predisciplinary conference, or disciplinary hearing.
5.4 Representatives and officers of recognized employee
organizations will be permitted to use release time to
attend meet and confer sessions scheduled by the city.
5.5 Release time may be used for internal meetings of employee
organizations when authorized in advance by the employer-
employee relations officer.
5.6 Employee organizations may request release time from the
employer-employee relations officer for a special meeting
not covered in this provision. Such requests shall be in
writing stating the reasons for suo.h request.
SECTION 6 - WORK DISABILITY LEAVE: The city shall provide
employees with work related disability leave subject to the
following conditions:
6.1 Except as other wise provided, employees substantially
disabled by bodily injury or sickness in the course and
scope of employment shall be paid their regular pay rate for
up to twenty-six (26) weeks from the date of disability, or
until the city's workers compensation insurance carrier
terminates temporary disability either by means of a lump
sum settlement or a retirement with pension, whichever event
occurs first.
6.2 When an employee receives workers compensation payments, the
city shall pay the employee only the difference between such
workers compensation payments and the employee's regular pay
rate. During the time the employee is substantially
disabled, the employee shall continue to accrue annual
leave, sick leave, and seniority for purposes of pay
adjustments or advancements.
SECTION 7 - LONG TERM DISABILITY LEAVE: The city shall provide
employees with long term disability leave subject to the
following conditions:
7.1 Employees substantially disabled by bodily injury or
sickness outside the course and scope of employment and
employees still substantially disabled after twenty-six (26)
weeks of work disability leave are eligible for long term
disability leave.
7.2 An employee shall be eligible to receive a monthly
disability income sixty (60) days after the occurrence of
the disability. Disability income payments shall be based
on the employee's actual salary, and reduced by any
deductible benefits, as described in the city's long term
Page 18
disability insurance program in this memorandum of
understanding.
7 .3 Employees may use accumulated leave before being eligible to
receive long term disability insurance benefits.
7.4 Pregnant employees shall be eligible for long term
disability leave subject to the same terms and conditions as
any other employee substantially disabled by bodily injury
or sickness outside the course and scope of employment.
7.5 It shall be the employee's responsibility to report back to
work promptly at the end of a long term disability leave.
Employees shall get clearance to return to work from the
personnel department.
SECTION 8 —MILITARY LEAVE: The city shall grant military leave
to employees as provided in the California Military and Veterans
Code Sections 389 through 395.4. Employees on ordered military
leave shall be paid their regular pay rate in addition their
military pay for periods not to exceed a total of thirty (30)
days each fiscal year as provided by State Codes.
SECTION 9 - LEAVE OF ABSENCE WITHOUT PAY: The City has the
authority to grant or deny an employee's request for leave of
absence from work without pay, except that the City shall not
unreasonably deny a request for unpaid leave due to the medical
disability of the employee or a member of his/her immediate
family. The City shall not grant an unpaid leave in excess of one
(1 ) year for employees with five (5) years or less seniority, in
excess of two (2) years for employees with more than five (5)
years seniority, or in excess of three (3) years for employees
with more than ten (10) years seniority. An employee on an unpaid
leave for 61 days or more shall not accrue seniority for that
portion of the leave over 60 days. After the expiration of the
unpaid leave, the employee shall be assigned to his/her former
classification. Probationary employees are not eligible for
unpaid leaves of absence, except as required by law. The employee
requesting the leave shall state in writing the reasons for the
request.
SECTION 10 - TIME OFF FOR VOTING: The city shall provide
employees with time off for voting subject to the following
conditions:
10.1 When an employee claims not to have sufficient time outside
of working hours to vote at a statewide election, the
employee may, without loss of pay, with the approval of the
Director of Personnel, take off enough working hours which
when added to the voting hours available outside of working
hours will enable the employee to vote. The Director of
Personnel may not authorize an employee to take off more
than two (2) hours from work for voting with pay. The time
off authorized for voting shall be only at the beginning or
Page 19
end of work period, whichever allows the employee the most
time for voting and the least time off from work.
10.2 If the employee knows or has reason to believe that time off
for voting will be necessary on election day, the employee
shall notify the Director of Personnel of that fact at least
two (2) work periods in advance. At least ten (10) days
before every statewide election, the Director of Personnel
shall post the provisions of this section conspicuously at
the civic center or elsewhere so that the notice may be seen
as employees come to go to their place of work.
SECTION 11 - LUNCH PERIOD: Uninterrupted lunch periods shall be
provided as in the past.
SECTION 12 REST PERIOD: The department director shall provide
employees with a rest period of fifteen (15) minutes for each
half work period as determined by standard management procedures.
Employees may not use the rest period to compensate for a late
arrival to or early departure from work. Rest periods shall have
no monetary value and shall be forfeited if not used during the
work period.
SECTION 13 - LEAVE FOR PERMANENT PART-TIME EMPLOYEES:
13. 1 Except as otherwise provided, permanent part-time employees
shall not be granted the leave benefits granted to full-time
employees. The city shall provide permanent part-time
employees with a pro rata percentage of annual leave, sick
leave and release time leave, considering the number of
working hours of a permanent part-time employee as compared
to the working hours of a full-time employee.
13.2 For the purpose of this rule the pro-rata percentage of
annual leave or sick leave shall be calculated as eight (8)
hours for each month of service or major portion thereof
served in the permanent part-time position from the date of
appointment for both annual leave and sick leave.
13.3 Permanent part-time employees may use annual leave only
after completing their initial six (6) months of service.
Employees shall not use less than one (1 ) hour of annual
leave at any one time.
13.4 Permanent part-time employees may carry over to the next
calendar year up to one hundred eighty (180) hours of annual
leave, All annual leave accrued in excess of one hundred
eighty (180) hours shall be used within the calendar year in
which the employee accrued such excess annual leave. No
exceptions to this rule shall be authorized.
13.5 When employment terminates, the employee shall be
compensated for any accrued annual leave. The value of
accrued annual leave shall be calculated using the
Page 20
employee's prevailing pay rate on the date of the employee's
separation from city service.
13.6 Permanent part-time employees may accrue a maximum of three
hundred thirty six (336) hours of sick leave. Employees may
use accrued sick leave only after completing their initial
one (1 ) month of service.
13.7 Permanent part-time employees may not use sick leave at
their discretion, but only in case of actual personal
sickness. Sick leave may also be used for personal medical,
dental and optical appointments and pregnancy.
13.8 When an employee uses sick leave, the department director
may require the employee to present upon return to work a
personal certification (not a doctor's slip) 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 for such sick leave
13.9 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.
Page 21
ARTICLE V
OVERTIME
SECTION 1 - OVERTIME POLICY: 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.
SECTION 2 - WORKDAY: 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.
SECTION 3 - OVERTIME COMPENSATION: The city shall provide
employees with overtime compensation subject to the following
conditions:
3. 1 Employees shall receive either pay, calculated at one and
one-half (1 1 /2) times their prevailing pay rate, or
compensatory leave, credited at one and one-half (1 1 /2)
hours for the work performed.
a. Work performed in excess of eight (8) hours in a
workday; except, when the city has a demonstrable need,
employees may be scheduled to work up 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.
b. Work performed in excess of forty (40) hours in a work
week;
C. Work performed on the first and second scheduled days
of rest.
3.2 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.
3.3 When the department director decides that an emergency
exists and requires that employees not on a scheduled shift
Page 22
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. The city will comply with the Fair
Labor Standards Act for FLSA-covered employees.
3.4 When an employee is called back to work after leaving work
or is called to work on a day when the employee would
normally be off-duty, the city shall pay the employee for a
minimum of three (3) hours of work (at the appropriate rate)
even though the employee works less than three (3) hours.
This provision shall not apply if the extra work is
scheduled at least 24 hours in advance, or if the employee
is merely extending his/her work day.
SECTION 4 OPPORTUNITY TO WORK OVERTIME: Unless there is an
emergency, opportunity to work overtime shall be rotated
according to direct order of seniority within the classifications
and crews, within the department, which usually perform the work
during the normal work shift. If an employee does perform the
overtime work in an emergency, then he or she shall go to the
bottom of the list as if he or she had worked the overtime in the
normal rotation. If an employee is not accessible, he or she
retains the previous position on the list.
SECTION 5 - HOLIDAY COMPENSATION:
5.1 Full time employees shall be allowed time off with pay at
the employees straight time hourly rate for any holiday
provided in this memorandum of understanding unless required
by the department head to work in order to maintain city
services. Employees required to work shall also be paid
according to section 5.2 below.
5.2 Employees required to work on a holiday shall receive, at
the discretion of the department director, either pay,
calculated at one and one-half (1 1 /2) times their
prevailing pay rate, or compensatory leave, credited at one
and one-half (1 1 /2) hours, for each hour worked on the
holiday.
Page 23
ARTICLE VI
LAYOFF
SECTION 1 - PREREQUISITE FOR LAYOFF: When as a result of a
cutback in personnel it becomes necessary to initiate a layoff of
employees in any representation unit covered by this memorandum
of understanding, the following shall be the prerequisite to such
a layoff:
1 .1 All temporary, seasonal and/or recurrent and probationary
employees have been released from the class.
1 .2 Employees in the class have been given an opportunity to
seek lateral transfer to existing vacant positions.
1 .3. Management will meet and consult with the representative of
AFSCME, Local 809 over alternative courses of action to
avoid such layoff.
1 .4 Notice of actual layoff shall be given no less than fourteen
(14) calendar days before the date of implementation. Such
shall include:
a. Classification where layoff is to occur;
b. Seniority list by total continuous city seniority of
employees in the affected class;
C. List of current permanent vacancies in all classes
represented by AFSCME, Local 809;
d. Separate notice to any employee in the class who has
two (2) or more below standard evaluations within the
preceding three (3) years.
SECTION 2 - ORDER OF LAYOFF: \
2.1 Employees who have two (2) or more below standard
evaluations within the preceding three (3) years shall be
laid off first.
2.2 Next layoff shall occur on the basis of city-wide seniority,
the least senior employee based on total continuous
employment shall be laid off first and any subsequent la3,,off
shall proceed to the next least senior.
2.3 Ties in seniority - Where the total and continuous
employment of two (2) employees are of the same length,
seniority shall be decided by the drawing of lots.
Page 24
SECTION 3 - VOLUNTARY DEMOTION: An employee so laid off may
choose voluntary demotion so as to avoid layoff.
3. 1 Such voluntary demotion can be to a lower or equal class of
previous standing or to a lower or equal class in the same
occupation grouping. Occupational groupings are attached as
Exhibit B.
3.2 If the voluntary demotion causes a layoff in the lower or
equal class, such layoff shall follow the provisions of this
article.
SECTION 4 - RECALL: Employees who laterally transfer, take a
voluntary demotion or are laid off pursuant to the provisions of
this article shall have their names entered onto a recall list
for the classification of original standing.
4.1 Such a list shall be inverse order of layoff, lateral
transfer or demotion.
4.2 The recall list shall be kept by the personnel department
and shall be used when any vacancy for that class is to be
filled.
4.3 The list shall be maintained until all names have been
offered an opportunity for recall or at the end of two (2)
years, whichever occurs first.
4.4 The appointing authority shall offer appointment to the
first name on said list, if the individual accepts, he or
she shall be appointed after sixty (60) days from the date
of layoff, the employee may be required to take a medical
examination so as to insure the employee is medically and
mentally capable of performing the duties of the class. The
individual shall still be required to meet the minimum
standards of the class.
SECTION 5 - LAYOFF FROM OTHER REPRESENTATIONAL UNITS: In the
case of a layoff in a classification not covered by this
agreement, an employee who had previous employment in a
classification covered by this agreement shall have the same
rights as listed in Section 3, "Voluntary Demotion", provided,
however, that such an employee's seniority shall be based solely
upon total employment in classifications covered by this
agreement.
Page 25
ARTICLE VII
SAFETY
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 practices, 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 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
hazard to the employee.
SECTION 2 - SAFETY COMMITTEE: The city and the union shall
jointly participate in an advisory safety committee. The
membership of the safety committee shall consist of two (2) city
representatives designated by the city administrator from the
union, two (2) employee representatives designated from 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.
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.
3.1 The city shall provide safety shoes to eligible employees
based upon the recommendation of the safety committee as to
the type best suited to the work performed. The city shall
pay the full cost of safety shoes without limitation as to
style, brand, or-) number of pair.
a. Management shall have the exclusive authority to
determine eligibility standards for replacement safety
shoes. An employee's request for replacement safety
shoes shall not be approved unless need for such new
safety shoes is based on normal wear as determined by
management.
Page 26
b. The city agrees to make a reasonable effort to improve
and expedite the administration of the safety shoes
program to insure that eligible employees are provided
with appropriate safety shoes at all times.
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.
Page 27
ARTICLE VIII
DISCIPLINE AND DISCHARGE
SECTION 1 - JUST CAUSE: An employee, covered by this memorandum
of understanding, may be suspended without pay, demoted or
discharged for just cause. Employees, other than probationary,
shall have the right of appeal.
SECTION 2 - REPRESENTATION: Attorneys will not be used by either
the city or the union in disciplinary appeal hearings. The city
and the union will each use city employees as advocates in such
hearings. Both the city and the union agree that they will not
hire, or cause to be hired, specialists in employee relations law
as city employees in order to circumvent this section.
Page 28
ARTICLE IX
GRIEVANCE PROCEDURE
SECTION 1 - GRIEVANCE DEFINED: A. grievance is a complaint that
there has been a violation of this memorandum of understanding.
The employee, or employees bringing such a claim shall state how
the violation affects their wages, hours, working conditions, or
job security as provided for in this memorandum of understanding.
SECTION 2 INFORMAL DISCUSSION OF GRIEVANCE: When an employee
has a complaint, the employee and/or the employee's designated
representative shall first informally discuss the matter with the
employee's immediate supervisor within twelve (12) working days
from the incident or decision generating the grievance. If after
the discussion with the immediate supervisor, the complaint has
not been satisfactorily resolved, the employee and/or employee's
designated representative, shall have the right to informally
discuss the complaint with the supervisor's immediate superior.
If after such a discussion, the complaint has not be
satisfactorily resolved, the employee shall have the right to
file a formal grievance.
SECTION 3 - FORMAL GRIEVANCE PROCEDURE: The formal grievance
shall be used to resolve an employee's complaint not
satisfactorily resolved by informal discussion.
3. 1 An employee shall have the right to present a formal
grievance, in writing, within five (5) working days after
the informal discussion of the grievance with the immediate
supervisor and the immediate supervisor's superior. All
formal grievances shall state the violation of this
memorandum of understanding and how it affects the
employee's wages, hours, working conditions or job security,
and the employee's suggested solution.
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 employee and/or employee's
designated representative may 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 does 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
Page 29
grievance within five (5) working days constitutes a
decision denying the grievance.
3.3 When the employee presents a formal grievance to the
Director of Personnel, the Director of Personnel shall
discuss the grievance with the employee and/or the
employee'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 does 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.
3.4 When the employee presents a formal grievance to the City
Administrator, the City Administrator shall discuss the
grievance with the employee and/or the employee's designated
representative. Within fifteen (15) working days after
receipt of the formal grievance, the City Administrator
shall render a written decision regarding its merits. The
decision of the City Administrator shall resolve the
grievance and no further review of the subject matter of the
grievance shall be permitted within the city's
administrative process.
3.5 If the decision of the city administrator does not resolve
the grievance to the employee's satisfaction, the employee,
and/or the union may sue for redress of grievance.
SECTION 4 - NON-DEPARTMENTAL GRIEVANCES:
4.1 Grievances resulting from decisions or actions outside the
departmental chain-of-command will be initiated at the
supervisory level from the which a complaint generates, and
will follow the procedures as detailed in Section 2 and 3 of
this article.
4.2 When the grievance involves an action or decision of the
Director of Personnel, the grievance will be informally
discussed with the Director of Personnel. If the informal
discussion does not satisfactorily resolve the grievance,
the formal grievance procedure detailed in Section 3 will be
initiated with the Director of Personnel.
SECTION 5 - REPRISALS: The city shall not institute and
reprisals against any employee or designated representative
resulting from the use of the grievance procedure. The City
Administrator may designate a department director or third party
to serve as the final reviewer for employee grievances.
Page 30
ARTICLE X
APPEAL PROCEDURES
SECTION 1 - REQUEST FOR DISCIPLINARY HEARING: A non-probationary
employee who believes he or she has been suspended, demoted or
discharged without just cause shall have the right to appeal the
imposition of disciplinary action. When an employee requests a
disciplinary hearing, the request shall be in writing, signed by
the employee, and presented to the director of personnel within
ten (10) days after the notification 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 appeal, the grounds for the appeal, and the relief desired
by the employee. All disciplinary hearings shall be conducted in
private unless the employee requests, in writing, 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 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 the witnesses.
SECTION 3 - HEARING OFFICER: The appointing authority shall be
the hearing officer for disciplinary hearings except that the
appointing authority may designate a department director or third
party as the hearing officer for any disciplinary hearing.
SECTION 4 - REPRESENTATION AT DISCIPLINARY HEARING: At the
disciplinary hearing, the employee may appear personally and may
be represented 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.
SECTION 5 = BURDEN OF PROOF AND EVIDENCE: The city shall have
the burden of proof at the disciplinary hearing and shall be
required to prove the charges against the employee by a
preponderance of the evidence. The disciplinary hearing shall
not be conducted according to the technical rules of evidence.
SECTION 6 - CONDUCT OF DISCIPLINARY HEARING: The conduct of the
disciplinary hearing shall be under the control of ;;re hearing
officer with due regard for the rights and privileges of the
parties. During the examination of a witness, the hearing
officer may exclude from the hearing, any and all other
witnesses. The hearing officer shall have the power to issue
subpoenas to compel the attendance of witnesses or the production
of documents. Disciplinary hearings shall be tape recorded.
Page 31
SECTION 7 - HEARING OFFICERfS DECISION: Within a reasonable time
after the disciplinary hearing, the hearing officer shall issue a
written decision containing findings of the fact and conclusions
of law. The hearing officer shall have the authority to affirm,
revoke or reduce the disciplinary action imposed against the
employee. The hearing officer's decision constitutes a final
resolution of any disciplinary action and no further appeal shall
be permitted within the city's administrative process.
Page 32
ARTICLE XI
CITY RIGHTS
SECTION 1 - EXCLUSIVE CITY RIGHTS AND AUTHORITY: The city
retains the exclusive right to manage and direct the performance
of city services and the work force 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
work force performing such services. The following matters 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
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;
Page 33
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 the
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
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 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 activities, 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 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, rules or procedures of the city,
including but not limited to the suspension of recognition
of the union, and the use of the city's bulletin boards and
facilities.
2.3 The city shall not lock out employees.
Page 34
ARTICLE XII
UNION RIGHTS
SECTION 1 - EXCLUSIVE REPRESENTATION: It is agreed by and
between the union and the city that AFSCME, Local 809 is the
exclusive representative of employees covered by this agreement.
As such, the union shall be the only agent providing
representation for grievances and disciplinary hearings, and for
all terms and conditions of employment. If an employee requests
representation at such hearings or grievances it shall be through
the union.
SECTION 2 - BULLETIN BOARDS: The city will provide the union
ample space on four (4) bulletin boards. These boards shall be
located at city hall, adjacent to the City Clerk' s office, at the
parks maintenance yard, and the public works maintenance yard.
Where the city does not have an existing bulletin board, the
union shall supply it.
SECTION 3 - NEGOTIATIONS: The city and the union agree that
negotiations on a successor contract shall begin in the first
week of April 1992. The union will submit a list of request to
the city no later than March 31 , 1992. The number of negotiating
committee members for the union shall be no more than two (2)
members from each of the three units represented by AFSCME, Local
809 including the president of the local, and an AFSCME union
representative. The city and the union shall reach agreement on
ground rules for negotiations at the first scheduled meet and
confer session in April, 1992.
SECTION 4 - UNION OFFICERS: Union officers shall continue to
receive release time leave as described in this Memorandum of
Understanding to perform official union duties, with the
understanding that their union duties shall not interfere with
the effective and efficient performance of their assigned job
responsibilities, or interfere with the efficiency, safety and
security of city operations.
Page 35
ARTICLE XIII
UNION SECURITY
SECTION 1 - DUES DEDUCTION: The American Federation of State,
County and Municipal Employees, Local 809 may continue to collect
membership dues through the city's payroll deductions, upon the
written authorization of employees working in job classifications
subject to this Memorandum of Understanding.
SECTION 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 their continued city employment, maintain their
membership in the union for the duration of this Memorandum
of Understanding.
SECTION 3 - AGENCY SHOP:
3 . 1 Within one hundred twenty (120) days of the date of
ratification of this memorandum of understanding, the union
may hold an election, supervised by the California State
Mediation and Conciliation Service, in which all bargaining
unit members (including members laid off with recall rights)
may vote to decide, by a majority of those voting, whether
to ratify the agency shop language set forth below in
Section 2.2 through 2.6.
3.2 [Effective only upon separate vote, as described in Section
2.1 above] .
All members of the bargaining unit shall, as a condition of
continued city employment after July 1 , 1991 , either (1 )
become a member of the union on or before July 1 , 1991 , or
within thirty days from date of hire, whichever is later, or
(2) pay a fee to the union in an amount determined by the
union to be equal to representative costs, effective July
it 1991 .
3.3 A unit member may either pay such fee directly to the union
or may authorize in writing the City to pay such fee through
payroll deductions. If a unit member does not pay the fee
directly to the union or authorize the City to pay such fee
through payroll deduction, the city shall, upon written
notice from the union, withhold such fee without
authorization and pay such fee to the union.
3.4 Any unit member who is a member of a bona-fide religion
which has historically held conscientious objections to
joining or financially supporting unions shall not be
required to pay the fee described in Section 3. 2 above as a
condition of employment, but shall be required to pay a sum
Page 36
equal to such fee to one of the following non-religious,
non-labor organizations, qualified as tax-exempt under
Section 501 (c) (3) of Title 26 of the Internal Revenue Code:
a. Carson Women' s Shelter.
b. Girl Scouts Carson Branch.
C. Boy Scouts Carson Branch.
d. Carson High School Boosters.
Written proof of payment and a written statement of
religious objection shall be provided to the city by July 1
of each year as a condition of continued exemption from the
provisions of Sections 2.2 and 2.3 above.
3.5 The union agrees to cooperate with the city in furnishing
the city any information needed to enforce this section.
3. 6 The union agrees to defend, indemnify and hold harmless the
city against legal action by any employee challenging the
legality of any action taken by the city in compliance with
this section.
Page 37
ARTICLE XIV
PERMANENT, PART-TIME EMPLOYEES
SECTION 1 - PERMANENT, PART-TIME CLASSES DEFINED: Employees
already employed in the following classes will continue to be
permanent, part-time employees within the city service:
Tiny Tot Instructor
Recreation Leader II
Page 38
ARTICLE XV
OTHER MATTERS WITHIN THE SCOPE OF REPRESENTATION
SECTION 1 - STATUS OF GRANT-FUNDED EMPLOYEES: Except for senior
citizen federal grant-funded employees, full-time grant-funded
employees shall be considered city employees and will receive all
benefits and rights conferred by this agreement.
SECTION 2 - UNION MANAGEMENT MEETINGS: The city and the union
agree to meet on at least a quarterly basis for the duration of
this agreement to discuss matters of mutual concern and establish
a system of communication between employees and management for
the purpose of improving even further delivery of services,
efficiency of operations, and employee morale.
SECTION 3 - PROMOTIONAL OPPORTUNITIES: The city shall make a
good faith effort to promote and transfer from within.
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ARTICLE XVI
MODIFICATION AND DURATION
SECTION 1 - 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 shovl-J. 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 2 .- DURATION:
2. 1 This Memorandum of Understanding shall be binding on the
city when approved and adopted by the City Council.
2.2 Except as otherwise provided herein this memorandum of
understanding shall be in full force and effect from the 1st
day of July, 1990, and shall remain in full force and effect
up to and including the 30th day of June, 1992; provided,
however, that the salary levels, benefits and other money
items, specified herein shall become effective as indicated,
and shall not result in any back pay or back reimbursement
to unit members.
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ARTICLE XVII
DEFINITION OF TERMS
The following terms, whenever used in this 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
Public Safety, Director of Finance, 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) to ten (10) hours per
shift.
SECTION 7 - IMMEDIATE FAMILY: Shall include an employee's
spouse, children, parents, brothers, sisters, grandparents,
grandchildren, parents-in-law, brothers-in-law, sisters-in-law,
sons-in-law, daughters-in-law, the employee's spouse's children,
or any relative, including a foster child, living in the
immediate household.
SECTION 8 - LEAVE: An authorized absence from work.
SECTION 9 - MANAGEMENT: An employee assigned to any of the
following classifications: accounting manager, deputy city
administrator, business license manager, city administrator,
community center manager, community services manager, community
development manager, director of community development, director
of public safety, director of finance, director of parks and
recreation, director of personnel, director of public works,
division engineer, community planner, public information
manager, purchasing manager, redevelopment project manager,
Page 41
senior building maintenance supervisor, senior park maintenance
supervisor, superintendent of parks maintenance, superintendent
of public works maintenance and superintendent of recreation.
SECTION 10 - PERMANENT PART-TIME EMPLOYEE: An employee occupying
a position in those specified classifications listed in Appendix
A in which the employee is paid on an hourly basis, and in which
the employee shall not work more than 2, 079 hours per year.
SECTION 11 — POSITION: The duties and responsibilities assigned
to an employee within a classification.
SECTION 12 - 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 13 - SENIORITY: A status acquired by an employee based
on the employee's period of continuous service.
Page 42
APPENDIX A
DESIGNATED APPROPRIATE UNITS
CLERICAL AND TECHNICAL UNIT
Account Clerk
Administrative Secretary
Assistant Civil Engineer
Business License Clerk
Business License Officer
Code Enforcement Officer
Construction Inspector
Drafting Technician
Duplicating Machine Operator
Early Childhood Instructor
Employment Specialist
Graphics Artist
Graphics Assistant
Junior Construction Inspector
Information and Referral Aide
Information and Referral Specialist
Lounge Assistant
Office Clerk
Receptionist/Switchboard Operator
Records Management Coordinator
Reproduction Assistant
Recreation Leader II (Permanent Part-Time)
Security Officer
Senior Account Clerk
Senior Clerk
Senior Stenographer Clerk
Stenographer Clerk
Storekeeper
Tiny Tot Instructor (Permanent Part-Time)
Transcriber Typist
Typist Clerk I
Typist Clerk II
Youth Services Officer
CRAFTS AND TRADES UNIT
Bus Driver
Craftsworker I
Craftsworker II
Custodian
Equipment Mechanic I
Equipment Mechanic II
Equipment Operator
Page 43
Equipment Service Worker
Groundsworker
Maintenance Worker
Pest Control Operator
Senior Craftsworker
Senior Custodian
Senior Equipment Mechanic
Senior Groundsworker
Senior Maintenance Worker
Senior Mechanic/Bus Specialty
Senior Tree Trimmer
Tree Trimmer I
Tree Trimmer II
Utility Worker
MIDDLE MANAGEMENT AND PROFESSIONAL UNIT
Accountant
Administrative Program Specialist
Administrative Specialist I
Administrative Specialist II
Assistant Community Services Coordinator
Assistant Fitness Director
Assistant Planner
Assistant Recreation Center Director
Assistant Recreation Coordinator
Associate Planner
Boxing Center Director
Buyer
Community Development Grant Coordinator
Community Services Coordinator
Computer Programmer/Operator
Emergency Preparedness Specialist
Early Childhood Coordinator
Early Childhood Instructor
Environmental Planner
Event Coordinator
Fitness Director
Junior Accountant
Junior Buyer
Recreation Center Director
Recreation Coordinator
Redevelopment Project Analyst
Rehabilitation Construction Specialist
Rehabilitation Financial Counselor
Revenue Aide
Senior Accountant
Senior Buyer
Senior Recreation Center Director
Therapeutic Recreation Coordinator
Page 44
Equipment Service Worker
Groundsworker
Maintenance Worker
Pest Control Operator
Senior Craftsworker
Senior Custodian
Senior Equipment Mechanic
Senior Groundsworker
Senior Maintenance Worker
Senior Mechanic/Buy Specialty
Senior Tree Trimmer
Tree Trimmer I
Tree Trimmer II
Utility Worker
MIDDLE MANAGEMENT AND PROFESSIONAL UNIT
Accountant
Administrative Program Specialist
Administrative Specialist I
Administrative Specialist II
Assistant Community Services Coordinator
Assistant Fitness Director
Assistant Planner
Assistant Recreation Center Director
Assistant Recreation Coordinator
Associate Planner
Boxing Center Director
Buyer
Community Development Grant Coordinator
Community Services Coordinator
Computer Programmer/Operator
Emergency Preparedness Specialist
Early Childhood Coordinator
Early Childhood Instructor
Environmental Planner
Event Coordinator
Fitness Director
Junior Accountant
Junior Buyer
Recreation Center Director
Recreation Coordinator
Redevelopment Project Analyst
.Rehabilitation Construction Specialist
Rehabilitation Financial Counselor
Revenue Aide
Senior Accountant
Senior Buyer
Senior Recreation Center Director
Therapeutic Recreation Coordinator
Page 44
APPENDIX B
OCCUPATIONAL GROUPINGS
(*denotes minimum qualifications required)
Revenue Assistant
Business License Officer/Code Enforcement Officer
Security Officer
Youth Services Officer
Senior Business License Clerk *(Typing: 40 WPM;
- Enforcement Officer
- Business License Clerk* (Typing: 40 WPM)
Enforcement Officer Aide
2) - Construction Inspector
- Junior Construction Inspector
3) - Duplicating Machine Operator
- Reproduction Assistant
4) - Graphic Artist
- Graphic Assistant
5) - Employment Specialist
- Information and Referral Specialist
- Information Referral Aide
6) - Administrative Secretary
- Senior Business License Clerk *(Typing: 40 WPM)
Senior Clerk
- Business License Clerk *(Typing: 40 WPM)
Steno Clerk*
- Transcriber Typist
- Typist Clerk II
- Typist Clerk I
- Officer Clerk/Receptionist, Switchboard Operator
7) - Senior Accountant
- Senior Buyer*
- Accountant*
- Buyer*
- Junior Accountant*
- Junior Buyer*
- Senior Account Clerk*
- Account Clerk*
8) - }
Associate Planner / Redevelopment Project Analyst /
Environmental Planner
- Assistant Planner
Page 45
9) - Revenue Aide/Administrative Program
Specialist/Emergency Preparedness Specialist/Community
Development Block Grant Coordinator
Administrative Specialist II
Administrative Specialist I
10) - Senior Mechanic, Bus Specialty/Senior EquipmentMechanic
- Equipment Mechanic II
- Equipment Mechanic I
- Equipment Service Worker
- Utility Worker
11 ) - Senior Craftworker
- Craftworker II
- Craftworker I
- Utility Worker
12) - Pest Control Operator/Senior Tree Trimmer
- Senior Groundsworker
- Tree Trimmer II
- Groundsworker
- Tree Trimmer I
- Senior Custodian
- Utility Worker
13) - Senior Maintenance Worker
- Equipment Operator/Bus Driver*
- Utility Worker
14) - Senior Recreation Director/Fitness Director
- Recreation Center Director/Boxing Center Director
- Recreation Coordinator/Community Services
Coordinator/Assistant Fitness Director
- Therapeutic Recreation Coordinator
- Event Coordinator
- Assistant Recreation Center Director
- Assistant Recreation Coordinator/Assistant
Community Services Coordinator
- Recreation Leader II (Permanent Part-time)
15) - Early Childhood Specialist Coordinator
- Early Childhood Instructor
- Tiny Tot Instructor (Permanent Part-time)
{State certification may be required in future. )
16) Assistant Civil Engineer
17) - Lounge Assistant
18) - Rehabilitation Construction Specialist
19) - Rehabilitation Financial Coordinator
Page 46
20) - Drafting Technician
21 ) - Records Management Coordinator
22) - Storekeeper
- Utility Worker
Note: The City will permit utility workers to have
interdivision and interdepartment transfer to implement
this provision in a layoff.
Page 47
A Memorandum of Understanding for the 1990-1992fiscal years
between the City of Carson and employees assigned to
classifications represented by the American Federation of
State, County and Municipal Employees , Council 36, Local
809 .
FOR FOR THE
AFSCME, LOCAL 809 CITY OF CARSON
h /
ilathan Williams, Catherine Hagen
President , AFSCME, Loca 809 Attorney at Law
O'Melveny & Myers
Nel, a Lua
Vice resident, A - ME Local 809
N y Se son Lawrence G. Olson
AF CME, Lo 1 809 Director of Public
Safety; Interim City
Administrator;
Acting Employer-
Employee Relations
Lou Lusero Officer
AFSCME, Local 809
S C
Aaron pr nge
AFSCME, Local 809
t ie Palermo E, Local 09
4Laiila Simmons
AF , Local 809
P ter Schnaufer, Business Rep.
AFSCME, Local 809
Page 48