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Res 15-024RESOLUTION NO 15-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA. APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE CALIFORNIA TEAMSTERS LOCAL 911 REPRESENTING NON -SAFETY EMPLOYEES AND THE CITY AND THE POWAY FIREFIGHTERS' ASSOCIATION AND APPROVING THE SALARY AND BENEFIT PLAN FOR MANAGEMENT/CONFIDENTIAL GROUP WHEREAS, representatives with the California Teamsters Local 911 and Poway refighters' Association have met and conferred in good faith with representatives of e City of Poway in accordance with Government Code Section 3500 to reach emoranda of Understanding (MOU) regarding wages, hours and other terms and mditions of employment and WHEREAS, as a result of these meetings recommended Memoranda of Understanding have been prepared for employees represented by the California Teamsters Local 911 and employees represented by Poway Firefighters' Association. and WHEREAS, it is necessary to designate the salaries and management, supervisory. professional and confidential employees Poway and an updated Salary and Benefit Plan has been prepared and benefits of the of the City of WHEREAS, the City Council of the City of Poway wishes to adopt said MOUS and Salary and Benefit Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows. 1 That the MOU between the City of Poway and the California Teamsters Local 911, attached hereto as Exhibit A, is hereby adopted, effective July 1. 2015, and shall be in effect through June 30. 2017. 2 That the MOU between the City of Poway and the Poway Firefighters' Association, attached hereto as Exhibit B, is hereby adopted, effective July 1, 2015. and shall be in effect through June 30, 2017 3. That the Salary and Benefit Plan for the Management/Confidential group, attached hereto as Exhibit C, is hereby adopted. effective July 1, 2015, and shall be in effect through June 30, 2017 Resolution No. 15-024 Page 2 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway a regular meeting this 16th day of June 2015. Steve Vaus, Mayor TTEST: Clerk STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO) I, Sheila R. Cobian, CMC, City Clerk, of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 15-024 was duly adopted by the City Council at a meeting of said City Council held on the 16th day of June 2015, and that it was so adopted by the following vote: AYES: LEONARD, CUNNINGHAM, MULLIN, GROSCH, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE O S�heila-R. Cobian, CMC, City Clerk City of Poway Attachments: Exhibit A Exhibit B Exhibit C T r arnted 1980In IroN THE COV/ MEMORANDUM OF UNDERSTANDING f:3:11\LT /ga 1 THE CITY OF POWAY AND THE NON - SAFETY EMPLOYEES July 1, 2015 —June 30, 2017 Exhibit A Table of Contents PART I. FULL -TIME EMPLOYEES ..................................................... ............................... 1 Article1. General ............................................................................................... 1 Section1 - Purpose ......................................................................................... 1 Section2 - Scope ............................................................................................ 1 Section 3 - General Provisions ........................................................................ 1 A. City Employer - Employee Relations Resolution ............................ 1 B. Construction ................................................................................. 1 C. City Rights ................................................................................... 1 D. Employee Rights .......................................................................... 2 E. City Procedures ........................................................................... 2 F. Layoffs ........................................................................................ 4 Article 2. Severability and Savings .................................................................... 4 Article3. Sympathy Action ................................................................................ 4 Article4. Duration of Agreement ....................................................................... 4 Article5. Wages ............................................................................................... 4 Article6. Leaves ............................................................................................... 4 Section1 - Vacation ........................................................................................ 4 A. Computing Annual Vacation Leave .............................................. 4 B. Vacation Leave Accrual ............................................................... 5 C. Use of Vacation Time ................................................................... 5 D. Payout of Vacation Leave ........................................................... 5 Section2 - Sick Leave ..................................................................................... 5 A. Sick Leave Use ............................................................................ 5 B. Sick Leave Accrual ...................................................................... 6 C. Family Sick Leave ........................................................................ 6 D. Notification ................................................................................... 6 E. Worker's Compensation Illness or Injury ...................................... 7 F. Annual Conversion of Sick Leave ................................................ 7 G. Retirement Health Savings Plan (RHSP) ..................................... 7 H. Payout of Sick Leave ................................................................... 8 Section3 - Holidays ........................................................................................ 8 A. Designated Holidays .................................................................... 8 B. Holiday Pay .................................................................................. 9 C. Holiday Closures ......................................................................... 9 i Section 4 - Benefit Day Hours ........................................................................ 10 Section 5 - Bereavement Leave ..................................................................... 11 Section6 - Jury Duty ...................................................................................... 11 Article 7. Payroll and Work Week ..................................................................... 11 Section1 - General ........................................................................................ 11 A. Regular Paydays ......................................................................... 11 B. Community Services Work Schedule .......................................... 11 Section2 - Overtime ...................................................................................... 12 Section 3 - Compensatory Time -Off (CTO) .................................................... 12 A. CTO Accumulation and Use ...................................................... 12 B. CTO Carryover ............................................................................ 13 Section4 - Deductions ................................................................................... 13 A. Dues Deduction .......................................................................... 13 B. Withdrawal of Dues Deduction .................................................... 13 Section5 - Work Hours .................................................................................. 13 Article8. Benefits ............................................................................................ 14 Section 1 - Hospital and Medical .................................................................... 14 Section2 - Eye Care ...................................................................................... 14 Section 3 - Life Insurance ............................................................................... 14 Section 4 - Long -term Disability Income Insurance ......................................... 14 Section 5 - Flexible Benefits Benefits Program ............................................... 14 Section 6 - Deferred Compensation ............................................................... 15 A. 457 Plan ..................................................................................... 15 B. 401(a) Plan ................................................................................. 15 Section 7 — Employee Benefits Review .......................................................... 15 Section 8 — Computer Loan Program ............................................................. 16 Article9. Special Pay ........................................................................................ 16 Section 1 - Tuition Reimbursement .............................................................. 16 Section 2 - Uniforms and Equipment ............................................................ 17 A. Safety Shoes ............................................................................ 17 B. Uniforms - General .................................................................... 17 C. Uniforms — Community Services Employees ............................... 17 D. Uniforms - Park Rangers ........................................................... 18 E. Jackets ....................................................................................... 18 E. Uniform Allowance ...................................................................... 18 Section 3 - Meal Reimbursement ................................................................... 18 ii Section 4 - Travel Expenses ......................................................................... ............................... 18 Section5 - On -Call Time ................................................................................ .............................19 A. Field Forces .............................................................................. ............................... 19 B. Operational Conditions ................................................................ .............................20 C. Filtration Plant ............................................................................. .............................21 D. Operational Conditions ................................................................ .............................23 Section 6 - Shift Differential ............................................................................ .............................23 A. Filtration Plant Employees ........................................................ ............................... 23 B. Public Works Employees ............................................................ .............................24 C. Community Services Employees ................................................. .............................24 D. General ....................................................................................... .............................24 Section7 - Callback Time .............................................................................. .............................24 Section 8 - HVAC Certification Pay .............................................................. ............................... 24 Section9 - Bilingual Pay .............................................................................. ............................... 24 Article10. Service ......................................................................................... ............................... 25 Section1 - Probation ...................................................................................... .............................25 Section2 - Safety ........................................................................................... .............................25 Section 3 - Temporary Assignment to a Higher Level Vacancy .................... ............................... 25 A. Out -of -Class Assignment ............................................................ .............................25 B. Partial Responsibility ................................................................... .............................26 C. Special Pays and Allowances during Temporary Assignment ... ............................... 26 D. Consecutive Hours Worked ...................................................... ............................... 26 E Conclusion of Assignment ......................................................... ............................... 26 F. Nature of Assignment ............................................................... ............................... 26 Section 4 - Meal and Rest Periods ............................................................... ............................... 26 Section5 - Transfers ...................................................................................... .............................26 Section 6- Reassignment .............................................................................. .............................27 Section 7 - Layoff and Reemployment .......................................................... ............................... 27 Section8 - Resignations .............................................................................. ............................... 28 Article11. Grievance ....................................................................................... .............................28 Section1 - Purpose ...................................................................................... ............................... 28 Section2 - Scope ........................................................................................... .............................28 Section3 - Procedure ..................................................................................... .............................29 A. Informal Grievance Procedure .................................................... .............................29 B. Formal Grievance Procedure ...................................................... .............................29 Section 4 - Conduct of Grievance Procedure ............................................... ............................... 30 Article 12. Retirement and Social Security ....................................................... .............................30 iii Article 13. Personnel Rules ............................................................................. .............................31 Article14. Job Actions ..................................................................................... .............................32 Article 15. Americans with Disabilities Act Amended ..................................... ............................... 32 Article 16. Classification and Compensation Study ........................................ ............................... 32 Article 17. Posting of Agreement ................................................................... ............................... 32 PART II: PART -TIME EMPLOYEES ................................................................. .............................34 Article1. General ............................................................................................. .............................34 Section1 - Purpose ...................................................................................... ............................... 34 Article 2. Severability and Savings ................................................................. ............................... 34 Article3. Sympathy Action ............................................................................. ............................... 34 Article 4. Duration of Agreement .................................................................... ............................... 34 Article5. Wages ............................................................................................ ............................... 34 Article6. Leaves .............................................................................................. .............................35 Section1 - Vacation ..................................................................................... ............................... 35 A. Computing Annual Vacation Leave ........................................... ............................... 35 B. Vacation Leave Accrual ............................................................ ............................... 35 C. Use of Vacation Time ................................................................ ............................... 35 D. Payout of Vacation Leave ......................................................... ............................... 36 Section2 - Sick Leave .................................................................................. ............................... 36 A. Sick Leave Use ........................................................................... .............................36 B. Sick Leave Accrual ................................................................... ............................... 36 C. Notification .................................................................................. .............................37 D. Worker's Compensation Illness or Injury ..................................... .............................37 E. Family Sick Leave, ................................................................................................... 37 F. Annual Conversion of Sick Leave ............................................. ............................... 37 G. Retirement Health Savings Plan ............................................... ............................... 38 H. Payout of Sick Leave.. ............................................................................................. 38 Section3 - Holidays ..................................................................................... ............................... 39 A. Designated Holidays ................................................................... .............................39 B. Holiday Pay ............................................................................... ............................... 39 Section 4 — Benefit Day Hours ....................................................................... .............................40 Section 5 — Bereavement Leave .................................................................... .............................40 Section6 - Jury Duty ...................................................................................... .............................40 Article 7. Payroll and Work Week .................................................................... .............................40 Section1 - General ........................................................................................ .............................40 A. Regular Paydays ......................................................................... .............................40 B. Community Services Work Schedules ........................................ .............................41 iv Section2 - Overtime ...................................................................................... 41 Section 3 - Compensatory Time Off ( CTO) ................................................... 41 Section4 - Deductions ................................................................................. 42 A. Dues Deduction .......................................................................... 42 B. Withdrawal of Dues Deduction .................................................... 42 Article8. Benefits ............................................................................................ 42 Section 1 - Hospital and Medical .................................................................... 42 Section2 - Eye Care ...................................................................................... 43 Section 3 - Flexible Spending Benefits Program ............................................ 43 Section 4 - Retirement and Social Security .................................................. 43 Section 5 - Deferred Compensation ............................................................. 45 Section 6 - Computer Loan Program ........................................................... 45 Article9. Special Pay ........................................................................................ 45 Section 1 - Tuition Reimbursement ................................................................ 45 Section 2 - Uniforms and Equipment ............................................................. 46 A. Safety Shoes .............................................................................. 46 B. Uniforms - General ...................................................................... 46 C. Uniforms - Community Servioes .................................................. 47 D. Uniforms - Park Rangers ............................................................ 47 Section 3 - Meal Reimbursement ................................................................... 47 Article10. Service ........................................................................................... 48 Section1 - Probation ...................................................................................... 48 Section2 - Safety ......................................................................................... 48 Section 3 - Out -of -Class Assignment ........................................................... 48 Section4 - Transfers ...................................................................................... 49 Section 5 - Reassignment ............................................................................ 49 Section 6 - Layoff and Reemployment ............................................................ 49 Section7 - Resignations .............................................................................. 50 Article11. Grievance ..................................................................................... 50 Section1 - Purpose ...................................................................................... 50 Section2 - Scope ......................................................................................... 51 Section3 - Procedure ................................................................................... 51 A. Informal Grievance Procedure .................................................. 51 B. Formal Grievance Procedure ...................................................... 51 Section 4 - Conduct of Grievance Procedure ............................................... 52 Article 12. Personnel Rules ........................................................................... 52 Article13. Job Actions ..................................................................................... 52 v Article 14. Americans with Disabilities Act Amended ..................................... ............................... 52 Article 15. Posting of Agreement ................................................................... ............................... 52 vi MEMORANDUM OF UNDERSTANDING This is the memorandum of understanding as provided for in the California Government Code Sections 3500 through 3510, which is also known as the Meyers- Mili as- Brown Act. This memorandum is hereinafter referred to as the Agreement between the City of Poway and the representatives chosen by the majority of the members of the non - safety unit hereinafter referred to as the Bargaining Unit Representatives. This Agreement shall become effective when adopted by the City Council of the City of Poway. PART I. FULL -TIME EMPLOYEES Article 1. General Section 1 - Purpose Part I of this Agreement recognizes the Bargaining Unit Representatives as the majority representative of all full -time, regular, non - management and non - confidential employees of the City, excluding the safety personnel, and represents the unit for the matters within the scope of meet and confer, and the Bargaining Unit Representatives accept the duty of fair representation in meet and confer and under this Agreement. Section 2 - Scope Meet and confer is limited to wages, hours, and other terms and conditions of employment, and shall not include any items not covered by this Agreement or adopted by reference in this Agreement or any subject preempted by Federal or State law. Amendments to this Agreement that are within the scope of meet and confer shall require prior meet and confer between the Bargaining Unit Representatives and the City. Section 3 - General Provisions A. City Employer - Employee Relations Resolution The Bargaining Unit Representatives herein adopt by reference the City Employer - Employee Relations Resolution in its present form and as it may be from time to time amended by the City Council. B. Construction The rights, powers and authority of the City Council in all matters shall not be modified or restricted except as provided for in this Agreement. In interpreting the language of this Agreement, first the plain meaning of the language shall prevail If the parties cannot agree on the plain meaning of the language, then the intent of the parties shall be considered, then the trade or industry usage of the language shall be considered. C. City Rights The rights of the City include, but are not limited to the exclusive right to determine the mission of its constituent departments, commissions, committees, and boards, set standards of service, 1 determine the procedures and standards of selection for employment and promotion; direct its employees, take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons, maintain the efficiency of operations, determine the methods, means and personnel by which operations are to be conducted; set work schedules, determine the content of job classifications; take all necessary actions to carry out its mission in emergencies, and exercise complete control and discretion over its organization and the technology of performing its work. D. Employee Rights The City will make every effort to ensure that the rights of employees are protected. E. City Procedures The Bargaining Unit Representatives recognize and hereby adopt by reference the following City procedures: 1. Unit Determination The City reserves the privilege of establishing units for meet and confer. 2. Jurisdictional Disputes In the event of jurisdictional disputes between competing employee organizations or unit claims, the employees of all units shall continue working under the agreement in force at the time. 3. Awards Service Recognition and Special Awards shall be granted or not granted at the discretion of the City Council, 4. Time Spent for Meet and Confer and Grievances The City allows reasonable time off without loss of benefits for a reasonable number of recognized Bargaining Unit Representatives for the purpose of meet and confer and for grievance representation. Reasonableness is determined by the department Director. Bargaining Unit Representatives must obtain advance approval from their supervisor for time away from their regular duties. 5. Access to Work Location Bargaining Unit Representatives of Employee Organizations may be allowed reasonable access to work location only after they have obtained permission of the City Manager. Employee Bargaining Unit Representatives must advise supervisors in advance of time they will be away from their regular job duties for approved, scheduled employee organization business as provided under Section E, City Procedures. 6. Use of City Facilities Employee organizations may, with prior approval of the City Manager or designee, be granted the use of City facilities during nonworking hours for meetings of City employees provided space is available, and provided further such meetings are not used for organizational activities or membership drives of City employees. Availability of Data The City will make available to employee organizations such non - confidential information pertaining to employment relations as is contained in the public records of the agency, subject to the limitations and conditions set forth herein and in the California Government Code. Such information shall be made available during regular office hours in accordance with the City's rules and procedures for making public records available and after payment for reasonable costs, where applicable. Information that shall be made available to employee organizations includes regularly published data covering subjects under discussion. Data collected on a promise to keep its source confidential may be made available in statistical summaries, but shall not be made available in such form as to disclose the source. Nothing in this procedure shall be construed to require disclosure of the following a. Personnel, medical and similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy or be contrary to City Policy; b. Working papers or memoranda which are not retained in the ordinary course of business or any records where the public interest served by not making the record available clearly outweighs the public interest served by disclosure of the record; c- Records pertaining to pending litigations to which the City is a party or to claims or appeals that have not been settled. Nothing herein shall be construed as requiring the City to do research for an inquirer or to do programming or assemble data in a manner other than usually done by the City. Bulletin Board Space and City's Email System The City shall make available bulletin board space on existing bulletin boards designated for general employee information for the use of the employee organization in posting notices, following approval of the City Manager. The City and Union will establish a list of locations, which will be maintained by and on file with the Human Resources Manager. The City shall allow limited use of the City's email system to notify members of bargaining unit meetings. All notices are to be provided to the Human Resources Manager for pre - approval. Once approved, the City's email system may be used. F. Layoffs The City agrees to meet with the Bargaining Unit Representatives 30 days prior to issuance of any layoff notices for the purpose of conferring over the impact and implementation of said layoffs and to discuss alternatives and options. However, the City Manager shall retain the final decision with respect to the classifications and number of employees to be laid off. Article 2. Severability and Savings If any portion of this Agreement, or the application of such portion to any person or circumstance, shall be invalidated by judicial or legislative action, the remainder of this Agreement, or the application of such portion to persons or circumstances other than those as to which it is invalidated shall not be affected thereby and shall remain in full force and effect. Article 3. Sympathy Action During the term of this Agreement, neither the Bargaining Unit Representatives nor any person or persons covered by this Agreement shall engage in any sympathy action or action of any type in support of any other unit or units, person or persons, or employee organizations not having an Agreement in effect with the City. Article 4. Duration of Agreement This entire Agreement shall commence at 12:00 a.m. on July 1, 2015, and terminate at 11:59 p.m. on June 30, 2017. At the expiration of this Agreement, in whole or in part and in the absence of a new agreement, this unit and the City agree to continue operating under the provisions of this Agreement until such time as a new agreement is reached, provided, however, that it has been agreed that the new agreement will be retroactive to the expiration of this Agreement. Article 5. Wages Wages shall increase by two percent (2 %) effective the beginning of the pay period which includes July 1, 2015. Wages shall increase by two and one half percent 2.5% effective the beginning of the pay period which includes July 1, 2016. Wages shall be paid in accordance with the salary schedule for all job classifications, attached hereto as Exhibit A. Article 6. Leaves Section 1 -Vacation A. Computing Annual Vacation Leave All employees in the unit shall be entitled to vacation leave with pay except those employees who have served less than six continuous months in the service of the City. Annual vacation leave shall be computed in accordance with the following schedule: Years of Continuous Employment Vacation Leave Accrual 1 through 5 years 3.692 hours per pay period After 5 years 4.615 hours per pay period After 10 years 5.538 hours per pay period After 15 years 6.462 hours per pay period B. Vacation Leave Accrual Effective the pay period that includes July 1, 2015, employees in the Bargaining Unit will be allowed to accumulate vacation time to a maximum of 200% of one year's accrual. When an employee's vacation leave accrual reaches the maximum level, the employee will stop accruing additional vacation leave until such time as the employee uses vacation leave below the maximum level. At that time, the employee will begin accruing additional leave from that point forward. Employees who have reached maximum accrual can request a review by their department Director in the event a vacation request is denied. The department Director shall be the final level of appeal. The Director shall not unreasonably withhold approval. C. Use of Vacation Time The times at which an employee may take vacation shall be determined by the department Director with due regard for the wishes of the employee and particular regard for the needs of the City. In the event one or more holidays fall within a vacation leave period, such holidays shall not be charged as vacation leave. An employee may elect to use accrued vacation for scheduled medical or dental appointments, evaluations, treatments, or associated activities. D. Payout of Vacation Leave Employees who terminate employment shall be paid in a lump sum for all accrued vacation leave earned as required by law. Section 2 - Sick Leave A. Sick Leave Use Sick leave shall be allowed for the following qualifying reasons: For the employee's own illness or injury. For the employee's own diagnosis, care, or treatment of an existing health condition, or preventative care, including medical and dental appointments. For the diagnosis, care, or treatment of an existing health condition or preventative care for an employee's family member, including: parent, parent -in -law, child, spouse, domestic partner, grandparent, grandchild, or sibling. In accordance with California Kin Care Law, regular full -time employees may use available Family Sick Leave (FSL) to care for a family member. If FSL is exhausted, employees must use other available accrued leave (e.g., vacation). 5 To obtain relief or services related to being the victim of domestic violence, sexual assault, or stalking, including the following, with appropriate certification of the need for such services o A temporary restraining order or restraining order. Other injunctive relief to help ensure the health, safety or welfare of themselves or their children. To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking. To obtain services from a domestic violence shelter, program, or rape crisis center as the result of an act of domestic violence, sexual assault, or stalking. To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking. To participate in safety planning and other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation. If an employee's sick leave balance is exhausted, another paid leave (e.g. vacation, comp. time) will be used. Employees must use available sick leave for the first thirty days of a long -term personal illness, injury or disability. B. Sick Leave Accrual All probationary and regular employees within the unit who are employed in regular full -time positions shall accrue sick leave at a rate of 3.69 hours per pay period. Accumulation of sick leave shall be unlimited. Employees will not accrue sick leave while on leave- without -pay status. C. Family Sick Leave An employee may use accrued sick leave up to forty eight hours in each fiscal year to care for a parent, parent in -law, child, spouse, domestic partner, grandparent, grandchild, or sibling. . Employee must notify his /her supervisor in advance, if possible, when such leave is being taken and so note in the comments section on his /her time card as well as on a Leave Request, if done in advance. An employee cannot use personal sick leave in place of Family Sick Leave, and must use other available accrued leave when Family Sick Leave is exhausted. D. Notification In order to receive compensation while absent on sick leave, the employee shall provide notification to his /her department in the manner established by the department Director prior to or within two hours after the time set for the beginning of duties. An employee who is required to open facilities for the public or who is required to arrive to work and relieve another single employee on duty shall call in within one hour rpfortothebeginningof the work shift. Absent extenuating circumstances, failure to fulfill notification requirements will cause such time off to be considered leave of absence without pay. Certification by the employee's physician may be required in order to receive compensation for sick leave over three working days at one time if an abuse of sick leave is suspected, or if an unusual pattern of use has been documented and the employee has been formally counseled regarding the pattern. This requirement is at the discretion of the department Director with approval from the Administrative Services Director. In the event an employee does not have a sufficient amount of accumulated sick leave to receive full compensation while absent due to a qualifying reason, other accumulated leaves must be used before the employee goes to a leave without pay status. Leave without pay may only be granted in accordance with the Personnel Rules. E. Worker's Compensation Illness or Injury Sick leave shall be used for on -duty hours used for medical evaluations, treatments, or other medical related activities associated with a worker's compensation illness or injury. If the employee's sick leave balance is exhausted, another paid leave (e.g., vacation, comp. time) will be used in its place. F. Annual Conversion of Sick Leave In the last full pay period of the fiscal year, an employee must convert sick leave to cash under the following conditions: 1. After conversion, employee must have a minimum balance of 168 hours of sick leave. 2. The employee has used 32 hours or less of sick leave in the immediately preceding 12 months. 3. An employee must convert 50% of the annual sick leave accrual, less sick leave used in the immediately preceding 12 months, up to a maximum of 40 hours. Sick leave use includes use of family sick leave. Example: employee used 16 hours in preceding 12 months 96 hours of annual accrual x 50% = 48 hours 48 hours - 16 used = 32 hours converted to cash G. Retirement Health Savings Plan (RHSP) 1. Regular full -time employees that satisfy the provision contained in Article 6, section 2.F. must contribute 50% of their annual sick leave conversion to a Retirement Health Savings Plan as a cash deposit (e.g., an employee that is eligible to convert 40 hours of sick leave would receive the equivalent of 20 hours in cash and the equivalent of 20 hours would be contributed to their Retirement Health Savings Plan as a cash deposit). 2. Any fees related to the RHSP will be paid by employees. 3. The annual RHSP contribution shall take place in the last full pay period of the Fiscal Year. 4. In the event of an employee's death, if the employee is a participant in the RHSP and does INA not have a surviving spouse or surviving IRS qualified dependents, the employee's Retirement Health Savings account balance shall remain in the trust (i.e., RHSP) to be allocated among all RHSP Non - Safety Employee participants. The allocation will be on a pro -rata share, based upon RHSP Non - Safety Employee participant account balances. Payout of Sick Leave After five years of continuous employment with the City and upon retirement, an employee will receive compensation for unused sick leave as follows: Upon retirement, an employee will receive 50% of all sick leave hours accrued in the form of a deposit to their Retirement Health Savings Plan account. Effective the pay period that includes July 1, 2015, payout of sick leave shall be provided on a graduated scale for employees who retire, based on years of service as follows: a. An employee who retires after 5 -9 years of service will receive 50% cash -out, with a cap of $6,000. b. An employee who retires after 10 -14 years of service will receive 50% cash -out, with a cap of $8,000. c. An employee who retires after 15, or more, years of service will receive 50% cash -out with a cap of $10,000. d. Each cap will increase by the same percentage as across - the -board wage increases, beginning with the July 1, 2016 wage increase (e.g., $6,000 cap will increase by 2.5% to $6,150 effective July 1, 2016). 2. Upon leaving City employment for reasons other than retirement, employee will receive 50% of all sick leave hours accrued. Calculations will be at the employee's rate of pay at the time of termination and payout will not exceed $2,000. 3. Upon the death of an employee, compensation for unused sick leave shall be at the same rate as the retirement benefit. Payment shall be made to the employee's designated beneficiary. Section 3 - Holidays A. Designated Holidays The holidays for employees in this unit are as follows: New Year's Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day January 1 3rd Monday - January 3rd Monday- February Last Monday -May July 4 1st Monday- September November 11 4th Thursday- November 4th Friday- November December 25 Holidays falling on Sunday shall be observed on the following Monday. Holidays falling on Saturday shall be observed on the preceding Friday. To be eligible for holiday pay, an employee must be in a paid status in the pay period that includes the holiday. Holiday Pay The City will pay nine hours for each Designated Holiday for those employees whose regular work schedule is a nine hour workday. For holidays falling on a Friday, Holiday pay shall be eight hours. Holiday pay will remain at eight hours for any employee whose regular work schedule is an eight hour workday. 2. Payment of two times the employee's regular rate of pay shall be paid for all unscheduled hours worked on a Designated Holiday. 3. If a Designated Holiday falls on an employee's regular day off, or on a day that City Hall is closed (i.e. dark Friday), the employee will receive eight (8) flex day accrual hours, which can be used in one hour increments following the pay period in which it is received. Effective the pay period that includes July 1, 2015, employees in the Bargaining Unit will be allowed to accumulate flex day accrual hours up to a cap of 24 hours. Once the cap is reached, an employee will not receive additional flex day accrual hours until such time as the employee uses flex day accrual hours below the cap. 4. A Water Treatment Plant Operator who works a Designated Holiday will be paid two times their regular rate of pay for the first eight hours of holiday worked. This overtime compensation will be paid in cash only; compensatory time off (CTO) cannot be earned for time worked on a Designated Holiday, 5. Full -time and three quarter -time Community Services employees and Public Works employees in the Park Maintenance Worker classification, who are required to work on a Designated Holiday, will be paid two times their regular hourly rate of pay for working the holiday. 6. Other than as noted for Water Treatment Plant Operators in paragraph 3.13. of this Section, employees may request time off in lieu of pay for a holiday worked. The times at which an employee may take his /her holiday in lieu shall be approved by the department Director with due regard for the wishes of the employee and particular regard for the needs of the City. The employee will continue to receive holiday pay for the holiday worked. 7. In addition to pay for hours worked, employees in this unit shall be paid holiday pay, whether on or off duty, on a Designated Holiday. C. Holiday Closures City Hall and other non - essential City facilities will be closed on: a)Thursday, December 24, 2015, 7:30 a.m. to 5:30 p.m.; and b)Thursday, December 31, 2015, 7:30 a.m. to 5:30 p.m., and c)Tuesday, December 27, 2016, 7:30 a.m. to 5:30 p.m.; and d)Wednesday, December 28, 2016, 7:30 a.m. to 5:30 p.m.; and e)Thursday, December 29, 2016, 7:30 a.m. to 5:30 p.m.; 2. The New Year's Day holiday that would typically be observed on Monday, January 2, 2017 will be moved to Tuesday, December 27, 2016. Monday, January 2, 2017 will be a normal work day and all facilities will be open. 3. Approximately 60 days prior to holiday closures the Bargaining Unit and Management will develop an operational plan for essential facilities (e.g., Water Treatment Plant, ERT, Community Services, and Parks). 4. Actual times may vary, depending upon specific work schedules and normal facility hours. 5. These closures will not be observed as paid holidays. 6. Employees' available leave hours (e.g., vacation, compensatory time, or benefit day) will be charged for this time 7. If an employee has been employed with the City for less than six months, they will be given access to, and required to use, their benefit day hours and /or accrued vacation hours. 8. If an employee has insufficient vacation, compensatory time, or benefit day hours, the time will automatically be charged as leave without pay after they have exhausted all available paid leave (other than sick leave). 9. If an employee is called to work during any of the closure times, and during what would have been their regularly scheduled work hours, they will not be charged leave for the hours worked. Example: If an employee works for four hours during what would have been their regularly scheduled work hours, they will be paid for the hours worked and will not be charged leave hours for that time. However, they will be charged leave for the remaining hours. 10. A two -hour minimum will be used for call -outs. Example: If a standby employee works for 45 minutes during what would have been their regularly scheduled work hours, they will not be charged leave for two hours. However, they will be charged leave for the remaining hours. 11. The City will seek measures to minimize the possibility of call -outs during the closure dates /times. 12. At the discretion of the department director, some employees may have to work due to operational demands. Section 4 - Benefit Day Hours In addition to provisions for vacation, sick leave, and holidays set forth elsewhere herein, each employee who has completed an initial probationary period of no less than six months shall have available 16 benefit day hours each fiscal year. Eight of the 16 benefit day hours is for Cesar Chavez Day which will remain as an unscheduled benefit day until 10 other cities in San Diego County close 10 their offices in observance of this day, at which time it shall be observed as a fixed holiday on the day so designated. If Cesar Chavez Day becomes a fixed holiday as described herein, the number of benefit day hours shall be reduced to eight (8). The times at which an employee may use benefit day hours shall be determined by the department Director with due regard for the wishes of the employee and particular regard for the needs of the City. Benefit day hours may be taken in one -hour increments. If not taken by the end of the last full pay period of the fiscal year, any remaining benefit day hours shall be forfeited. Employees who terminate employment shall be paid in a lump sum for the value of any remaining benefit day hours. Section 5 - Bereavement Leave In the event of a death in the family, regular and probationary employees shall be eligible for up to 40 hours off with pay to attend the funeral or make funeral arrangements, subject to the following provisions: A. The relatives designated shall include child, parent, spouse, sibling, grandparent, grandchild, and domestic partner. It shall also include "in -law" relatives and those relationships generally called "step ". B. Bereavement leave is not compensable when the employee is on leave of absence, bona fide lay off, or for days falling outside the employee's regular work period. C. All requests for bereavement leave shall be made in writing as soon as practical but in no event later than the first day back to work, and shall be subject to approval of the Human Resources Manager or designee. Section 6 - Jury Duty Employees shall be compensated at the regular rate of pay for serving jury duty during the employee's scheduled work hours. The duration of jury duty and hours to be compensated shall be in accordance with City policy and the Personnel Rules. Article 7. Payroll and Work Week Section 1 -General A. Regular Paydays Regular paydays are designated as every other Friday for the two -week period ending the previous Sunday. In no event shall the City advance pay, including pay for earned vacation, without the prior written approval, on a case -by -case basis, by the City Manager. B. Community Services Work Schedule Work schedules for Community Services employees and Public Works employees in the Park Maintenance Worker classifications will be posted every Monday by 8:00 a.m., seven days prior to the day the schedule begins the following Monday. Requests for vacation or compensatory time off must be received in writing by the employee's supervisor or his /her designee two weeks or 14 days prior to posting of the employee schedule. Leave requests will be acknowledged in writing by the department. Employees may be called in to work other than for scheduled hours due to sick leave, 11 emergency leave or unavailability of a scheduled employee. Such additional work will be paid at straight time except as otherwise required in the MOU. Employees whose hours are changed as the result of an error or oversight in the posted schedule shall receive overtime pay for all hours that fall outside the originally scheduled hours. An employee's hours cannot be changed once the schedule is posted in order to avoid payment of additional overtime. Section 2 - Overtime No employee may work overtime without advance approval. Employees who do not secure prior approval may be subject to disciplinary action pursuant to established guidelines for discipline. Unscheduled hours worked on Sundays and Designated Holidays, as defined in Article 6, Section 3 shall be paid at double the employee's base hourly rate of pay. Employees in this unit shall be paid one and one half times (1.5) their hourly rate of pay for all hours worked in excess of eight hours in one day or 40 hours in one work week. Employees whose regularly scheduled work hours are in excess of eight hours in one workday are only entitled to receive overtime pay for the hours worked beyond their regularly scheduled workday or 40 hours in one work week. Filtration Plant employees assigned to work the 48 hour weekend shift shall be paid overtime at one and one half times (1.5) their base hourly rate of pay for all hours worked in excess of 40 hours. Employees working overtime will continue to receive overtime pay after 12:00 a.m. for continuous hours worked including meal and rest periods, provided regular hours worked the following day will be paid at the employee's regular rate of pay. A minimum of two hours pay, at the rate of one and one half times (1.5) the base hourly rate of pay, shall be paid for each incident of callback overtime. Callback overtime is unscheduled overtime as opposed to scheduled overtime or an early start or extended shift. For the purpose of computing overtime, hours of paid leave and holiday pay shall be considered as hours worked. Section 3 - Compensatory Time -Off (CTO) A. CTO Accumulation and Use The times at which an employee may take compensatory time shall be determined by the department Director with due regard for the wishes of the employee and particular regard for the needs of the City. Compensatory time off, in lieu of overtime, shall be taken as one and one half 1.5) hours off for each overtime hour worked. The maximum accumulation of compensatory time off shall be 80 hours. 1. In the event an employee accrues 80 hours of compensatory time in any one fiscal year, the employee will be ineligible to work overtime for compensatory time off for the remainder of that fiscal year and will only be eligible for cash compensation for overtime worked unless the employee uses CTO and brings the accrued balance below 80 hours. 2. Once an employee uses CTO and brings the balance below 80 hours, the employee 12 may again accrue CTO hours up to 80 hours. The department Director or designee shall determine the times at which an employee may take CTO with due regard for the wishes of the employee and particular regard for the needs of the City. An employee's CTO balance will be cashed out to zero in the final pay period of the fiscal year at the employee's then base hourly rate of pay. Said cash payment may only occur as part of the final pay period of the fiscal year in which the compensatory time off was accrued. 5. Upon separation from employment, an employee's CTO balance will be cashed out at the employee's then base hourly rate of pay. B. CTO Carryover Employees shall have the option to request a carryover of up to 40 hours of CTO at the end of the fiscal year. Such requests must be made in writing to the Human Resources Manager no later than June 1 or the soonest business day thereafter. All hours over the amount approved for carry over will be cashed out at the employee's then base hourly rate of pay. Section 4 - Deductions A. Dues Deduction Upon submittal by the Union of a signed copy of an authorization card, the City agrees to deduct the amount authorized by the employee. The City shall remit the deducted amount to the Union as soon as possible after the deduction is made. B. Withdrawal of Dues Deduction Employees who wish to withdraw their membership from the Union shall do so by filing the request in writing to the Local Union. The Union will process such a request as soon as possible after it is received, and will also notify the City promptly to stop the dues deduction. Section 5 - Work Hours The City agrees to make available a flexible work schedule when possible. Work schedule and operating conditions will be determined by the City to insure all necessary service can be maintained without adverse impacts. Continuation of the program will be at the discretion of the City Manager. It is understood that it may not be possible to extend this schedule to all operations of the City due to service needs. It is understood that employees who work a 9/80 schedule shall not receive shift differential as a result of going to a 9/80 or flex schedule. The 9/80 work schedule shall be defined as working eight, nine -hour, days and one, eight -hour day in a two week pay period, plus an unpaid lunch break during each work shift, totaling forty hours in each FLSA workweek. For all employees working a 9/80 work schedule, their designated FLSA workweek 40 hours in length) shall begin exactly four hours after the start time of the employee's eight hour shift on the day of the week that corresponds with the employee's alternating regular day off. 13 Article 8. Benefits Section 1 - Hospital and Medical The first day of the month following date of hire, an employee, upon proper application and acceptance, shall be covered by health and dental benefits with coverage as set forth from time to time in the agreement between the City and the carrier(s). Health benefit premiums for each employee shall be paid in full by the City. Dependents of each employee may also be covered by health benefit coverage, upon proper application and acceptance. The cost of dependent coverage of the medical and dental plan will be shared equally between the City and the employee. The employee's share of the cost will be made through payroll deduction. The parties to this Agreement agree to work with the City Insurance Committee to keep the overall cost of future premium increases to a minimum. Section 2 - Eve Care The City will provide an eye care plan. The City shall pay 100 percent of the premium for the employee and his /her dependent coverage. Section 3 - Life Insurance The first day of the month following date of hire, an employee, upon proper application and acceptance by the insurance carrier, shall be covered under a group life insurance plan for the amount of one and one half (1.5) times base annual salary. Section 4 - Long -term Disability Income Insurance This employee benefit provides for the payment of a monthly income benefit payment for those covered employees totally disabled by injury or sickness as determined by the insurer. The benefit provided under this coverage will be 662"percent of the employee's base salary. The insurance carrier is responsible for acceptance of the claim and calculating the exact benefit amount, based on each individual's income status. The insurance carrier for this coverage requires a 30 day waiting period from the first day of the disability to the beginning of the monthly benefit payment period. Monthly benefits are paid, with certain exceptions, as explained in the Group Insurance handbook, until the recovery from the injury or sickness or until the employee reaches age 65. The City pays 100percent of the premium. An employee must first use sick leave then other accrued leave to supplement coverage under this benefit up to, but not in excess of, 100percent of his /her base rate of pay. Section 5 - Flexible Spending Benefits Program The City will maintain a Flexible Benefits Program during the term of this Agreement in accordance with applicable IRS statutes and the Affordable Health Care for America Act (AHCAA) in order to provide employees the greatest possible tax benefit. 14 Section 6 - Deferred Compensation A 457 Plan Effective the pay period that includes July 1, the City will provide a dollar- for - dollar match for each employee's contributions to the 457 deferred compensation plan each fiscal year as follows: 1. $650 effective July 1, 2015, and 2. $800 effective July 1, 2016 B. 401(a) Plan The City will provide a 401(a) Deferred Compensation Plan. One of the City's purposes in providing this benefit is to help employees pay for medical costs when they retire. The City will contribute $38 per employee per full biweekly pay period to the 401(a) plan. Employees hired on or before June 30, 2004, shall have a one -year vesting period for the 401(a) plan. For employees hired on or after July 1, 2004, the vesting schedule will be as follows: From date of hire until second anniversary — 0% of accumulated value Second anniversary of employment — 20% of the accumulated value Third anniversary of employment — 40% of the accumulated value Fourth anniversary of employment —60% of the accumulated value Fifth anniversary of employment — 80% of the accumulated value Sixth anniversary of employment — 100% of the accumulated value Section 7 — Employee Benefits Review The City and Bargaining Unit agree to establish a joint committee with up to four Bargaining Unit representatives to evaluate employee benefits, including the proposed elimination of the Anthem Blue Cross Point of Service (POS) Plan. The committee will hold at least two meetings prior to the start of the 2016 and 2017 Plan Years as follows: 1. The 2016 Plan Year review will review and confirm the healthcare conditions facing the City e.g., rising costs, ACA provisions); review Plan alternatives available to reduce both City and employee healthcare costs, and identify near -term Plan modifications for possible implementation with the 2016 Plan Year. It is not anticipated the POS Plan would be eliminated at this time. a. August 2015 — Review Strategic Planning Report (State of the Market, ACA, Benchmarking) b. September 2015 — Review Marketing Analysis (Renewal Rates, Plan Alternatives) 2. The 2017 Plan Year review will review and re- confirm the healthcare conditions facing the City; review Plan alternatives available to further reduce both City and employee healthcare costs; and identify a long -term Plan alternative for implementation with the 2017 Plan Year. Although it is anticipated the POS Plan would be eliminated at this time, changes in market conditions and /or ACA requirements may allow for possible continuation. a August 2016 — Review Strategic Planning Report b September 2016 — Review Marketing Analysis 15 Section 8 — Computer Loan Program (Employee Computer Purchase Program Policy & Procedures) Any regular City employee who has completed his /her initial probationary period is eligible to apply for a loan under the City's Computer Program. Participants must agree to comply with the requirements and provisions of the Program. Participants will be eligible to make an initial computer purchase or upgrade their existing computer system through this program. Maximum loan amounts are established based upon the type of computer system being purchased, per the City's policy. Article 9. Special Pay Section 1 - Tuition Reimbursement A. The actual cost paid for tuition, books and required technical supplies and equipment, to a maximum of $1,500 per fiscal year per employee, will be refunded to all regular City employees for professional and technical courses in accredited educational institutions provided that: 1. The employee has received at least a satisfactory rating on his/her last performance report, 2. The subject matter of the course relates directly to and contributes toward the performance of the employee's position with the City, 3. The employee submits a Request for Tuition Reimbursement form to the department Director and Human Resources within three weeks after the beginning of the course. The form shall be accompanied by a description of the course provided by the education institution (e.g., course catalog description), which describes the course content; and 4. Before receiving reimbursement the employee shall furnish proof of payment and evidence that he /she has completed the course with: a. A grade of "C" or better in undergraduate work or a grade of "B" in graduate work. A grade of "C" or better will be accepted for graduate work from institutions where an average grade of "C" is acceptable for graduation, or b. A "pass" or "credit" for those classes where a pass/fail or credit/no credit grading system is used. Regular City employees may also request reimbursement for actual cost paid for tuition, books and required technical supplies and equipment, to a maximum of $1,500 per fiscal year per employee, for courses that result in the issuance of Continuing Education Units (CEUs) or Continuing Education contact hours required for certification renewal, so long as: 1. The employee has received at least a satisfactory rating on his /her last performance report, 2. The subject matter of the course relates directly to and contributes toward the performance of the employee's position with the City, 3. The employee submits the Request for Tuition Reimbursement to the department Director and Human Resources prior to the course. The employee shall include with the Request a description of the course from the provider offering the course, demonstrating that the course is acceptable for continuing education contact hours. Failure to obtain preapproval risks that the course is deemed ineligible and the employee cannot be reimbursed, and 4. Prior to receiving reimbursement, the employee shall furnish proof of payment, evidence that he /she has completed the course and verification or proof that all eligible CEUs or 16 contact hours were earned and awarded for the course. Section 2 - Uniforms and Equipment The City will provide and maintain all uniforms that are required by the City for Community Services lake /park and recreation employees, and Public Works employees as follows: A. Safety Shoes Safety shoes shall be worn by employees as required by the City. The department will establish and furnish to the Human Resources Manager a list of classifications required to wear safety shoes. The list will be updated by January 1 of each year and on an as needed basis, with the concurrence of the Union. Employees shall be provided reimbursement for safety shoes and /or inserts, laces, toe - protectors or resoling of safety shoes up to $200 each fiscal year, on an as- needed basis as determined by the division manager. Employees may purchase more than one pair of safety shoes each fiscal year, as needed, within the annual $200 maximum. In order to receive reimbursement, the employee must submit original receipts as proof of purchase to their department for approval. Reimbursement will be made through accounts payable. All other safety clothing required in the performance of duties shall be furnished by the City. B. Uniforms - General The City will provide eleven sets of uniforms for those employees required to wear uniforms, except Community Services employees. City- provided uniforms shall mean any combination of pants or shorts and uniformed shirts or tee shirts totaling eleven sets. One set of City- provided uniforms shall mean one pair of pants or shorts, and one uniformed shirt or tee shirt. Six additional t -shirts shall be provided for those employees actively participating in the Standby Emergency Response Technician (ERT) pool. Employees may elect to wear City- approved summer attire. The department Director shall determine the type and standards of maintenance for summer attire. City will replace tee shirts on a one - for -one basis as needed and determined by the appropriate division manager. City shall determine maintenance standards for uniforms and equipment. Employees will be required to maintain these standards. C. Uniforms — Community Services Employees The City will provide shirts and one jacket for those employees required to wear uniforms. Employees may elect to wear City approved shorts during the summer. All summer attire must be City approved. Community Services shall provide all employees with new uniform shirts, which shall be replaced on an as- needed basis. It is the employee's responsibility to replace lost or stolen jackets. The City will replace worn -out jackets. 17 D. Uniforms - Park Rangers The City will provide Park Rangers and the Recreation Coordinator assigned to interpretive services uniforms upon hire and replace /repair such items as needed and as determined by the division manager. Uniforms will be purchased directly, not rented through a service. Uniform detail is as follows 1. Full -time (5 days per week employee): Uniform shirts: 7 Uniform pants: 7 Hats: 3 Jacket: 1 Uniform polo: 3 2. Part-time (3 days per week employee): Uniform shirts: 5 Uniform pants: 5 Hats: 2 Jacket:1 Uniform polo: 2 These employees will still receive a Safety Shoe allowance. In addition to the uniforms, City will provide nametags, patches, and badges as required for these classifications. E. Jackets Public Works employees generally assigned to fieldwork shall receive one jacket per fiscal year on an as needed basis as determined by the division manager. F. Uniform allowance as defined by the California Public Employees Retirement System CaIPERS) is a form of "compensation" for "classic' CaIPERS members for CaIPERS purposes only. As such, any uniform allowance or the value of uniforms provided by the City will be reported to CaIPERS as part of the employee's annual gross income for purposes of computing the employee's and City's CaIPERS contribution. Under the California Public Employees' Pension Reform Act (PEPRA), a uniform allowance or the value of uniforms is not considered pensionable compensation for "new members" of CaIPERS. Section 3 -Meal Reimbursement In the event an employee is required to work in excess of 12 consecutive hours, the City shall reimburse the cost of a meal in an amount not to exceed $12, if a meal is not otherwise provided. For purposes of determining consecutive hours worked, meal and rest periods will be considered hours worked. Section 4 - Travel Expenses A. Prior approval of the department Director and final approval of the City Manager shall be required prior to reimbursement for travel expenses. B. Employees using their own vehicle on approved City business travel will be reimbursed at the W-1 approved IRS reimbursement rate. C. Employees on approved official business away from the City will be reimbursed for actual and necessary expenses incurred in accordance with the City's Travel and Meeting Reimbursement policy. D. In order to be reimbursed, employees must include original receipts for all expenses with the reimbursement claim form. E Advances of travel expenses may be allowed at the sole discretion of the City Manager. Section 5 - On -Call Time A Field Forces 1. On -call time shall be governed by the Public Works on -call procedures. 2. The City shall maintain a list of eligible Public Works field personnel who have agreed to stand by for callback (Standby) as required. 3. The call -out list shall consist of qualified employees as determined by the Director of Public Works. 4. Each employee shall be paid $350 for each seven -day Standby period served. 5. The Standby employee will receive an additional $100 for each Designated Holiday (as defined in Article 6, Section 3 of this MOU) that falls within the Standby period for which they stand by for callback. This additional compensation shall be awarded for the Designated Holiday, not the day observed, for those holidays falling on a Saturday or Sunday. 6. In the event a Designated Holiday falls on the last day of a Standby period (e.g., Standby period ends on a Wednesday which is a Designated Holiday), the employee will remain on Standby until the following day and shall be compensated an additional $50 (117t' of pay for full Standby period) for the additional day of Standby. 7. Substitution by another member of the Standby duty list is allowed if the scheduled Standby employee cannot respond because of special circumstances. In the event of a substitution for Standby duty, the substituting employee must perform Standby for a minimum of one 24- hour period. The substituting employee will be compensated $50 for each day served The total amount paid to the substituting employee(s) will be offset against and reduce the Standby compensation paid to the regular Standby employee. 8. List members shall meet the following qualifications: a. Must reside within a community that allows a reasonable response time to an emergency, as determined by the Director of Public Works. b. Must be approved by the appropriate division manager with the concurrence of the department Director. 9. The Standby person will be on call from the end of the scheduled work day to the scheduled 19 start of the next workday. During weekends, from the end of the workweek to the beginning of the next work day, and the 24 hours of a Designated Holiday. 10. A two -hour minimum will be paid for each call -out. a. Time starts for the call -out when the Standby person receives the call from the Filtration Plant. b. Time stops and call -out is complete when the Standby person notifies the Filtration Plant that the call is completed. C. An employee who is contacted while serving a call -out (as defined above) and is called to another site for additional duties shall not be compensated for a second or subsequent call -out for this assignment. However. K the employee has left the work site, or sites, is actually returning, or has returned to his /her original point of contact, and is then called out again, the employee shall be compensated for an additional call -out. d. Weekday and Saturday call -out time will be paid at one and one -half (1.5) times the hourly rate of pay. e. Sunday and holiday call -out time will be paid at double the hourly rate of pay. Holidays will be rotated equally among those persons on the list inasmuch as possible. f. When in a Standby status and required to respond to a trouble call through telephone action, Standby personnel will be compensated for telephone time in 15- minute increments on an overtime basis. 11. It is agreed that the On -Call procedure is subject to revision by the Director of Public Works, following consultation with representatives of the Bargaining Unit. It is understood that this Section does not allow for a reduction in Standby compensation. B. Operational Conditions 1. The Standby person will carry a City cell phone when away from his /her listed contact phone number. 2. The Standby person cannot engage in any activity that would impair judgment or prohibit a response while on Standby 3. Calls to the Standby person will be placed by the Treatment Plant Operator. a. Treatment Plant Operator will screen calls to determine need to contact Standby person. b. Upon being contacted by the Treatment Plant Operator, the Standby person is responsible to determine the course of action. c. Should the Standby person fail to respond to a call, (s)he forfeits Standby pay for that day. d. The Treatment Plant Operator stands by to assist, when possible, in contacting additional employees when needed. e- Should the Standby person need assistance, the Treatment Plant Operator will first attempt to call list members in sequential order. When the assistance requires specialized personnel who are better qualified to perform a specific task, the Treatment Plant Operator may call back the first person(s) from the list qualified to perform the specific task. f. Upon call completion, the Standby person will advise the Treatment Plant Operator of the action taken so that it can be properly logged. 4. During a serious emergency, such as a water main break, the Standby person will stand by to assist the crew in making repairs, but will remain flexible in case of other call -outs during this time. Employees who are assigned Standby duty may request the use of a City truck, subject to department Director approval. The City truck shall be available to the employee during Standby for use as is necessary to ensure that the employee is readily available for call out. However, the employee should use discretion and common sense in the use of the vehicle and at all times be aware that they are a public relations representative to the public and their actions will be scrutinized by the public. Further, the employee must ensure any personal use is consistent with City policy. C. Filtration Plant 1. The City shall maintain a list of eligible Public Works personnel who have agreed to stand by for callback as required. 2. The call -out list shall consist of qualified employees as determined by the Director of Public Works. 3. Each employee shall be paid $350 for each seven -day Standby period. 4. The Standby employee will receive an additional $100 for each Designated Holiday (as defined in Article 6, Section 3 of this MOU) that falls within the Standby period for which they stand by for callback. This additional compensation shall be awarded for the Designated Holiday, not the day observed.. for those holidays falling on a Saturday or Sunday, 5. In the event a Designated Holiday falls on the last day of a Standby period (e.g.. Standby period ends on a Wednesday which is a Designated Holiday), the employee will remain on Standby until the following day and shall be compensated an additional $50 (1/7'" of pay for full Standby period) for the additional day of Standby. 6. Substitution by another member of the Standby duty list is allowed if the scheduled Standby employee cannot respond because of special circumstances. In the event of a substitution for Standby duty, the substituting employee must perform Standby for a minimum of one 24- hour period. The substituting employee will be compensated $50 for each day served. The total amount paid to the substituting employee(s) will be offset against and reduce the Standby compensation paid to the regular Standby employee. 21 7. List members shall meet the following qualifications: a. Must reside within a community that allows a reasonable response time to an emergency, as determined by the Director of Public Works. b. Must be rated as a Utility Systems Mechanic, Utility Systems Technician, or Senior Utilities Systems Technician, and approved by the appropriate division manager with the concurrence of the department Director. Once an employee leaves a position in these class series, all rights to on -call time are forfeited. 8. The Standby roster will be scheduled as follows with the participation of list members: a. Scheduled quarterly with the Director of Public Works or designee. b. Order of names to be maintained as consistent as practical. C. Names to be rotated progressively up the list weekly from the bottom position on up to the top Position 1. d. The member in Position 1 will be the Standby person on call. e. List members may substitute positions temporarily among themselves to allow for special circumstances as stated in this section. 9. The Standby person will be on call from the end of the scheduled workday to the scheduled start of the next work day. During weekends from the end of the workweek to the beginning of the next workday, and the 24 hours of a Designated holiday. 10. Employees who are assigned Standby duty may request the use of a City truck, subject to department Director approval. The City truck shall be available to the employee during standby for use as is necessary to ensure that the employee is readily available for call out. However, the employee should use discretion and common sense in the use of the vehicle and at all times be aware that they are a public relations representative to the public and their actions will be scrutinized by the public. Further, the employee must ensure any personal use is consistent with City policy. 11. A two -hour minimum will be paid for each call -out. a. Time starts for the call -out when the Standby person receives the call from the Filtration Plant. b. Time stops and call -out is complete when the Standby person notifies the Filtration Plant that the call is completed. C. An employee who is contacted while serving a call -out (as defined above) and is called to another site for additional duties shall not be compensated for a second or subsequent call -out for this assignment. However, if the employee has left the work site, or sites, is actually returning, or has returned to his /her original point of contact, and is then called out again, the employee shall be compensated for an additional call -out. 22 d. Weekday and Saturday call -out time will be paid at one and one -half (1.5) times the hourly rate of pay. i. Sunday and holiday call -out time will be paid at double the hourly rate of pay. Holidays will be rotated equally among those persons on the list inasmuch as possible. ii. When in a Standby status and required to respond to a trouble call through telephone action, Standby personnel will be compensated for telephone time in 15- minute increments on an overtime basis. 12. It is agreed that the On -Call procedure is subject to revision by the Director of Public Works, following consultation with representatives of the Union. It is understood that this Section does not allow for a reduction in Standby compensation. D. Operational Conditions 1. The Standby person will carry a City cell phone when away from his /her listed contact phone number. 2. Calls to the Standby person will be placed by the Treatment Plant Operator. a. Treatment Plant Operator will screen calls to determine need to contact Standby person. b. Upon being contacted by the Treatment Plant Operator, the Standby person is responsible to determine the course of action. C. Should the Standby person fail to respond to a call, (s)he forfeits Standby pay for that day. d. The Treatment Plant Operator stands by to assist, when possible, in contacting additional employees when needed. e. Should the Standby person need assistance, the Treatment Plant Operator will first attempt to call list members in sequential order. When the assistance requires specialized personnel who are better qualified to perform a specific task, the Treatment Plant Operator may call back the first person(s) from the list qualified to perform the specific task. f. Upon call completion, the Standby person will advise the Treatment Plant Operator of the action taken so that it can be properly logged. Section 6 - Shift Differential A, Filtration Plant Employees Filtration Plant employees required to work the afternoon and evening shift (3:00 p.m. to 11:00 p.m.) and the night shift (11:00 p.m. to 7:00 a.m.) shall be entitled to receive shift differential pay of 7.5% in addition to their regular rate of pay. Filtration Plant employees assigned to work the forty -eight (48) hour weekend shift shall receive shift differential while working from 3:00 p.m. to 11:00 p.m. on Saturday and Sunday and while working from 11:00 p.m. to 7:00 a.m. on Saturday night and Sunday night. PSI B. Public Works Employees Public Works employees in the Park Maintenance Worker classification who are assigned a work schedule beginning at or after 11:30 a.m. which requires them to work a shift that ends between the hours of 3:30 p.m. and 5:00 a.m. shall be entitled to shift differential pay of 0.70 /hour in addition to their regular hourly rate of pay regardless of when the employee's meal period is scheduled. However, if the meal period is scheduled outside these hours, the employee will be paid shift differential only for the hours actually worked. Public Works employees who are required to work an evening schedule outside of their normal work schedule shall receive shift differential pay of $0.70 per hour only when the employee does not qualify to receive overtime for working during the normal work schedule on the following day. C. Community Services Employees Community Services employees in the Park Ranger and Senior Dock Attendant classifications who are assigned a work schedule beginning at or after 11:30 am which requires them to work a shift that ends between 3:30 p.m. and 5:00 a.m. shall be entitled to shift differential pay of 0.70 /hour in addition to their regular hourly rate of pay regardless of when the employee's meal period is scheduled. However, if the meal period is scheduled outside these hours, the employee will be paid shift differential only for the hours actually worked. D. General Employees scheduled to work during the general office hours of 7:30 a.m. to 5:30 p.m. will not receive shift differential pay for hours worked between 3:30 p.m. and 5:30 p.m. Section 7 - Callback Time Employees called back to work after expiration of their normal work day or work week to perform emergency work shall be guaranteed minimum call -back time of two hours at the appropriate overtime rate. Employees who respond to an after -hours trouble call through telephone action will be compensated for telephone time in 15- minute increments. Section 8 - HVAC Certification Pay Employee(s) in the classifications of Facilities Technician and /or Facilities Maintenance Crew Leader may be assigned to perform HVAC- related duties, subject to certification in TAC Vista Operations. Employee(s) assigned to the HVAC - related duties and who receive the TAC Vista Operations certification shall receive a salary differential of 10% above their salary range and step. The number of positions selected for this assignment shall be at the sole discretion of the Director of Public Works.. subject to City Manager approval, in accordance with the needs of the City. Section 9 — Bilingual Pay The City agrees to study bilingual pay (organization need, eligibility, compensation, certification, etc.) 24 and develop a recommendation by June 2016. Article 10. Service Section 1 - Probation All appointments, including promotional appointments, shall be for a probationary period of not less than six (6) months. During the probationary period, the employee may be rejected at any time without the right of appeal or hearing. Any employee rejected during the probationary period from a position to which he /she has been promoted shall be reinstated to a position in the class from which he /she was promoted unless he /she is discharged for cause from the City. A supervisor may, with concurrence of the department Director, require an extension of an initial probationary period, upon a less than satisfactory performance evaluation. On recommendation of his /her supervisor and with the concurrence of the department Director, a non - probationary employee may be placed on special probation. An employee placed on special probation has the right of direct appeal to the City Manager. If the employee intends to appeal, he /she must inform the City Manager of that intention within 10 calendar days from the date the employee is placed on special probation. Section 2 - Safety The unit adopts the following by reference: A. The City has a Central Safety Committee with representatives from all units. B. The City has an Injury & Illness Prevention Policy (IIPP). C. The City and all employees shall comply with any applicable Federal and State laws. D. The City and all employees shall comply with any policy and /or procedure that may from time to time be promulgated by the City Manager. Section 3 - Temoorary Assianment to a Higher Level Vacancv A. Out -of -Class Assignment An out -of -class assignment is a temporary assignment of a regular employee to an authorized classification at a higher level of pay that requires the employee to perform the full range of duties of the higher classification. Employees who perform the full range of duties of a higher level position for 80 or more consecutive working hours, in which there is no appointed incumbent or in which the incumbent is on paid or unpaid leave, shall be compensated at the A step rate of pay for the higher level position. Payment shall be retroactive to the first day of such services. The full range of duties of the higher -level position shall be specifically assigned in writing via the Out -of -Class Assignment form and signed by the department Director or his /her designee. Under no circumstances shall the rate of compensation be less than five percent above the employee's current rate of pay. 25 Once the initial out -of -class terminates, the 80 hour consecutive work hour elimination period will be waived for any additional out -of -class assignments that occur within the calendar year, provided that the employee is working in the same out -of -class classification regardless of work area assignment. Service in an out -of -class assignment shall not alter an employee's performance evaluation date. B. Partial Responsibility An employee specifically assigned to perform a portion of the duties of the higher level position for 80 or more consecutive working hours, shall receive additional compensation of five percent above the employee's current rate of pay. The assignment shall be specifically assigned in writing via the Out -of -Class Assignment form and signed by the department Director or his /her designee. C. Special Pays and Allowances during Temporary Assignment An employee will continue to receive special pays and allowances provided under the employee's regular permanent assignment during any temporary assignment. D. Consecutive Hours Worked For purposes of determining the period of 80 consecutive work hours, paid holidays, vacation, and sick leave will apply toward hours worked. E. Conclusion of Assignment At the conclusion of such an assignment, the employee shall be restored to his /her former classification regardless of the time involved. F. Nature of Assignment This provision shall not be applicable to bona fide education, training and development, job enlargement or enrichment. The employee will be notified in advance as to the nature of the assignment. Section 4 - Meal and Rest Periods Meal periods and rest periods will be permitted at scheduled intervals, and insofar as practicable and consistent with operational interests. An employee shall be notified whether a meal period is considered an on -duty meal period or an off duty meal period, and employees having on -duty meal periods shall be compensated for the meal period as hours worked. Section 5 - Transfers An employee transferring from this unit to another unit shall maintain all pay and benefits accrued in this unit, and upon the effective date of transfer thereafter be governed by the provisions of any policy and /or agreement in effect for such other unit. 26 Section 6 - Reassinment If a reassignment within the unit would result in an employee being reassigned to a class having a higher salary range, the City will fill the position through a recruitment process. Section 7 - Layoff and Reemployment The City may abolish any position or employment, and the employee may be laid off without taking disciplinary action and without the right of appeal. The City agrees to meet with the Union 30 days prior to the issuance of any layoff notice for the purpose of conferring over the impact and implementation of said layoff and to discuss alternatives and options. However, the City Manager shall retain the final decision with respect to the classification and numbers of employees to be laid Off. Whenever it becomes necessary to reduce the number of employees in any classification, all persons to be laid off shall be given at least 10 calendar day's prior notice, and the order of layoff shall be as follows: A. In order of seniority, the employee with the shortest service in total City service in the affected classification shall be laid off first. B. In the event of two or more employees having identical total City service seniority, the order of layoff will be determined by length of continuous service in the affected classification. C. Whenever two or more employees have identical service in the affected classification, the order of layoff shall be determined by the City Manager on the basis of performance. D. Employees to be laid off in a particular classification have the right to demote to a lower classification to a position previously held with the City for which the employee meets the minimum qualifications, is capable of performing the essential functions of the position, and has City seniority over other employees in the lower classification. This will also apply to employees to be laid off in a particular classification who have demoted from a higher classification due to non - disciplinary reasons. Such employees shall be placed on the seniority list for the higher classification provided they still meet the minimum qualifications, are capable of performing the essential functions of the position, and have City seniority over other employees in the higher classification. The name of each laid -off employee shall be placed on a reemployment list for a period of 12 months in reverse order of layoff. Employees who are laid off who have received two out of three consecutive annual performance evaluations that are rated below standards or needs improvement will be placed at the bottom of the reemployment list in reverse order of layoff. 27 For the purpose of this section, this additional condition will apply. Those employees who held the title of Construction Maintenance Worker I, II, or Lead Construction Maintenance Worker before July 1, 2001, shall be entitled to utilize the bumping rights in this section for the following classifications: Water Utilities Worker I, ll, and Water Utilities Crew Leader; and Wastewater Utilities Worker I, II, and Wastewater Utilities Crew Leader. In order to qualify to utilize these bumping rights, an eligible employee must possess the appropriate certification(s) required for the classification, be able to demonstrate a satisfactory skill level for the classification, and be able to perform the essential functions of the job. The Human Resources Manager shall determined the employee meets these requirements. Section 8 - Resionations An employee wishing to resign in good standing shall file a written resignation with the department Director stating the effective date and reasons for resignation at least two weeks prior to the effective date of resignation. The City will pay an employee for all hours worked on the next regular payday after resignation, and will thereafter pay all accumulated reimbursable benefits as early as feasible. An employee who has resigned with a good record will be given preferential consideration for rehire if a position is available and the employee has participated in the position's recruitment process. Decision to rehire is at the discretion of the City, and the employee will not reestablish rights and /or benefrts lost at the time of resignation. An employee with at least five years' service, who resigns in good standing and is reemployed within a two year period to the same or equal position previously held, shall be eligible to earn and use vacation, sick leave, and other benefits to which they are otherwise entitled as rf there had been no break in service. Article 11. Grievance Section 1 — Purpose A. To promote improved employer - employee relationships by establishing procedures for appealing management actions. B. To afford employees individually or through the Bargaining Unit Representatives a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussion. C. To provide that grievances shall be settled as near as practicable to the point of origin. Section 2 - Scope A grievance shall be considered as any matter for which appeal is not elsewhere provided for or prohibited, concerning: A. A dispute about the interpretation or application of this Agreement or of any ordinance, resolution, rule or regulation governing personnel procedures or working conditions. B. A dispute about the practical consequences of a City decision on wages, hours and other terms and conditions of employment. C. A decision affecting the employment of any permanent or probationary employee over which the department Director has partial or complete jurisdiction. Section 3 - Procedure A. Informal Grievance Procedure An employee who has a problem or complaint should first try to get it settled through discussion with his /her immediate supervisor without undue delay. If this discussion does not satisfactorily resolve the problem, the employee may discuss it with the supervisor's immediate superior. Every effort should be made to find an acceptable solution by informal means at the lowest appropriate level of supervision. If the employee is not in agreement with the decision reached by discussion, he /she shall then have the right to file a formal grievance in writing within five calendar days after receiving the informal decision of his immediate superior. B. Formal Grievance Procedure 1. First Level of Review: A grievance shall be presented in writing to the employee's immediate supervisor, who shall render a decision and comments in writing and return them to the employee within five calendar days after receiving the grievance. If the employee does not agree with his/her supervisor's decision, or if no answer has been received within five calendar days, the employee may present the appeal in writing to his /her department Director. 2. Second Level of Review: The department Director receiving the grievance, or his /her designated representative, should discuss the grievance with the employee, his /her representative, if any, and with other appropriate persons. The department Director shall render his /her decision and comments in writing, and return them to the employee within five calendar days after receiving the appeal If the employee does not agree with the decision reached, or if no answer has been received within five calendar days, he /she may present the appeal in writing to the City Manager. 3. Third Level of Review: The City Manager receiving the grievance, or his /her designated representative, should discuss the grievance with the employee, his /her representative, if any, and with other appropriate persons. The City Manager may designate any person or persons to advise him /her concerning the appeal. The City Manager shall render his /her decision and comments in writing, and return them to the employee within 15 working days after receiving the appeal. If the employee does not agree with the decision reached. or if no answer has been received within 15 working days, he /she may present the appeal in writing to the City Council. 4. Final Level of Review: The City Council upon receiving the grievance shall take such actions and such methods as it chooses and render a written final and binding decision. 29 Section 4 - Conduct of Grievance Procedure A. Day as used in this procedure means calendar day, unless specified to the contrary. The time limits specified in this procedure may be extended at any level of review to a definite date by mutual agreement of the employee and the reviewer concerned. C. The employee may request the assistance of another person of his /her own choosing in preparing and presenting his /her appeal at any level of review. D. The employee and his /her representative may be privileged to use a reasonable amount of work time as determined by the City Manager in conferring about and presenting the appeal. E. Failure of the employee to take further action within the specified time limits at each level of review, or within five days if no decision is rendered, shall constitute withdrawal of the grievance. Employees shall be assured freedom from reprisal for using the grievance procedure. Article 12. Retirement and Social Security The City will provide retirement benefits through the California Public Employees' Retirement System CalPERS). The City does not participate in the Social Security System, except as required by law. The use of the terms "classic member" and "new member' shall be as defined in the California Public Employees' Pension Reform Act of 2013 (PEPRA) and those rules and regulations adopted by CalPERS to implement PEPRA. Classic members" are those members who entered into membership with a retirement system on or before December 31, 2012 who do not meet the definition of "new member" in Government Code section 7522.04(f). A "new member" is defined in Government Code section 7522.04(f) as any of the following: 1. An individual who becomes a member of any public retirement system for the first time on or after January 1, 2013, and who was not a member of any other public retirement system prior to that date; or 2. An individual who becomes a member of a public retirement system for the first time on or after January 1, 2013, and who was a member of another public retirement system prior to that date, but who was not subject to reciprocity under subdivision (c) of Govt. Code 7522.02, or 3. An individual who was an active member in a retirement system and who, after a break in service of more than six months, returned to active membership in that system with a new employer. For those employees hired on or before December 31, 2011 and considered "classic members" as defined above: Effective pay period beginning July 11, 2011, each employee in this unit will contribute seven percent 7 %) of his /her PERSable salary (excluding overtime) on a pre -tax basis towards the "member contribution" portion of their CalPERS retirement account. 30 The City will provide under its contract with CalPERS the following provisions: 1. The Indexed Level 1959 Survivors Benefits; 2. The retirement benefit of 2 % -at -55 formula, and 3. The One Year Final Compensation option. Upon retirement from the City of Poway following at least 20 years of service, the City also provides a supplemental PARS administered benefit applied to Poway and all prior CalPERS service with previous public agencies. When combined with CaIPERS, this is the equivalent of the 2.7% @ 55 formula total retirement benefit. For employees hired after December 31. 2011 and considered "classic members" as defined above: The City amended its contract with CalPERS to create a second -tier retirement plan effective January 1, 2012. The second -tier will apply to those employees hired after December 31, 2011 and considered "classic members." The second -tier provides: 1. The retirement benefit of 2 % -at -60 formula; 2. The Indexed Level 1959 Survivors Benefits; and 3. Average of three highest years' compensation. An employee in the second -tier will contribute seven percent (7 %) of his /her PERSable salary excluding overtime) on a pretax basis towards the "member contribution" portion of their CalPERS retirement account. Regular full -time employees hired after January 9, 2012 are not eligible for a supplemental PARS benefit. For employees hired on or after January 1, 2013 and considered "new members" as defined above: City will provide under its contract with CaIPERS: 1. The retirement benefit of 2 % -at -62 formula, and 2. Average of three highest years' compensation, and 3. No employer paid member contribution (EPMC) Employees considered "new members" shall pay 50% of the "normal cost" (as determined by CalPERS annually) on a pre -tax basis. Article 13. Personnel Rules All other employee rights, privileges, and benefits are included in the Personnel Rules of the City of Poway. 01 Article 14. Job Actions The Union agrees not to strike or otherwise engage in withholding services or concerted action during the term of this Agreement. Also, the City agrees not to lock out the employees. Article 15. Americans with Disabilities Act Amended The City and the bargaining unit agree that they are subject to and must conform to the Americans with Disabilities Act Amended (ADAA). Article 16. Classification and Compensation Study 1. The City will include funding for a comprehensive classification and compensation study in the FY 2015 - 16/2016 -17 budget, 2. The City will issue an RFP in FY 2015 -16, to include professional services that will identify and recommend the appropriate: a.Benchmark classification (s) within the Water Utility and Wastewater Utility job families, b.lnternal alignments for remaining (non - benchmarked) Water Utility and Wastewater Utility classifications, and c.Comparator agencies, reflecting those cities and special districts that perform similar Water and Wastewater Utility functions. 3. The City will seek Council support to consider special districts, in some circumstances, when the City initiates the Classification and Compensation study. 4. The City will include two Bargaining Unit representatives on the City interview team, to conduct consultant selection interviews. These two representatives will have an opportunity to review the RFP prior to issue. 5. The City will endeavor to complete the classification and compensation study by Winter 201612017, in time for the next biennium budget cycle (FY 2017 - 18/2018 -19). Article 17. Posting of Agreement A copy of this Agreement will be posted on the City's intranet and internet for employee access. The Agreement will be provided to new hires at the Human Resources orientation. 32 THIS PAGE INTENTIONALLY BLANK] 33 PART II. PART -TIME EMPLOYEES Article 1. General Section 1 - Purpose Part II of this Agreement recognizes the Bargaining Unit Representatives as the majority representative of all part-time, regular, non - management and non - confidential employees of the City, excluding the safety personnel, and represents the unit for the matters within the scope of meet and confer, and the Bargaining Unit Representatives accept the duty of fair representation in meet and confer and under this Agreement. All Sections (1 through 3) of Part I of this Agreement shall apply to all regular part-time employees. Article 2. Severability and Savings All of Article 2, Part I, of this Agreement shall apply to all regular part-time employees. Article 3. Sympathy Action All of Article 3, Part I, of this Agreement shall apply to all regular part-time employees Article 4. Duration of Agreement This entire Agreement shall commence at 12:00 a.m. on July 1, 2015 and terminate at 11:59 p.m. on June 30, 2017. At the expiration of this Agreement, in whole or in part and in the absence of a new agreement, this unit and the City agree to continue operating under the provisions of this Agreement until such time as a new agreement is reached, provided, however, that it has been agreed that the new agreement will be retroactive to the expiration of this Agreement. Article 5. Wages Wages shall increase by two percent (2 %) effective the beginning of the pay period which includes July 1, 2015. Wages shall increase by two and one half percent (2.5 %) effective the beginning of the pay period which includes July 1, 2016. The position classifications are established at the salary ranges indicated in Part I, Article 5 of this Agreement. 34 Article 6. Leaves Section 1 -Vacation A. Computing Annual Vacation Leave 1. Part-time (half -time) employees in the unit shall be eligible to receive vacation leave accrual after 24 months of employment, as follows: Years of Continuous Employment 2 through 5 years After 5 years After 10 years After 15 years Vacation Leave Accrual 1.846 hours per pay period 2.308 hours per pay period 2.769 hours per pay period 3.231 hours per pay period 2. Part-time (three quarter -time) employees in the unit shall be eligible to receive vacation leave accrual after 18 months of employment, as follows: Years of Continuous Employment 18 months through 5 years After 5 years After 10 years After 15 years B. Vacation Leave Accrual Vacation Leave Accrual 2.77 hours per pay period 3.46 hours per pay period 4.15 hours per pay period 4.85 hours per pay period Vacation time can be accumulated to a maximum of 200% of one year's eligibility. When an employee's vacation leave accrual reaches the maximum level, the employee will stop accruing additional vacation leave until such time as the employee uses vacation leave below the maximum level. At that time, the employee will begin accruing additional leave from that point forward. Employees who have reached maximum accrual can request a review by their department Director in the event a vacation request is denied. The department Director shall be the final level of appeal. The Director shall not unreasonably withhold approval. C. Use of Vacation Time The times at which an employee may take vacation shall be determined by the department Director with due regard for the wishes of the employee and particular regard for the needs of the City. 35 In the event one or more holidays fall within a vacation leave period, the holidays shall not be charged as vacation leave, and the vacation leave shall be extended accordingly An employee may elect to use accrued vacation for scheduled medical or dental appointments, evaluations, treatments, or associated activities. l Payout of Vacation Leave Employees who terminate employment shall be paid in a lump sum for all accrued vacation leave earned prior to the effective date of termination. Section 2 - Sick Leave A. Sick Leave Use Regular part-time and three quarter -time employees may use paid sick leave for the following qualifying reasons: For their own illness or injury. For the employee's own diagnosis, care, or treatment of an existing health condition, or preventative care, including medical and dental appointments. For the diagnosis, care, or treatment of an existing health condition or preventative care for an employee's family member, including: parent, parent -in -law, child, spouse, domestic partner, grandparent, grandchild, or sibling. c In accordance with California Kin Care Law, regular part-time employees may use available Family Sick Leave (FSL) to care for a family member. If FSL is exhausted, employees must use other available accrued leave (e.g., vacation). To obtain relief or services related to being the victim of domestic violence, sexual assault, or stalking, including the following, with appropriate certification of the need for such services: A temporary restraining order or restraining order. Other injunctive relief to help ensure the health, safety or welfare of themselves or their children. To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking. To obtain services from a domestic violence shelter, program, or rape crisis center as the result of an act of domestic violence, sexual assault, or stalking. To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking. To participate in safety planning and other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary of permanent relocation. B. Sick Leave Accrual Regular part-time employees accrue paid sick leave at a rate of 2.77 hours for 3/4 -time and 1.85 hours for 1/2 -time employees for each biweekly pay period of active service. Accumulation of sick leave shall be unlimited. 9M C 1 E. Notification In order to receive compensation while absent on sick leave, the employee shall provide notification to his /her department in the manner established by the department Director prior to or within two (2) hours after the time set for the beginning of his /her work shift. An employee who is required to open facilities for the public or who is required to arrive to work and relieve another single employee on duty shall call in within one hour pflZ to the beginning of the work shift. Absent extenuating circumstances, failure to fulfill notification requirements will cause such time off to be considered leave of absence without pay. Certification by the employee's physician may be required in order to receive compensation for sick leave over three (3) working days at one time if an abuse of sick leave is suspected or if an unusual pattern of use has been documented and the employee has been formally counseled regarding the pattern. This requirement is at the discretion of the department Director with approval from the Administrative Services Director. In the event an employee does not have a sufficient amount of accumulated sick leave to receive full compensation while absent due to illness, other accumulated leaves must be used before the employee goes to a leave without pay status. Leave without pay may only be granted in accordance with the Personnel Rules. Worker's Compensation Illness or Injury Sick leave shall be used for on -duty hours used for medical evaluations, treatments, or other medical related activities associated with a worker's compensation illness or injury. If the employee's sick leave balance is exhausted, be used in its place. Family Sick Leave another paid leave (e.g., vacation, comp. time) will A regular part-time employee may use one half of their accrued annual sick leave each fiscal year to care for a parent, parent in -law, child, spouse, domestic partner, grandparent, grandchild or sibling. Employee must notify his /her supervisor in advance if possible when such leave is being taken and so note in the comments section of his /her time card and Leave Request, if done in advance. An employee cannot use personal sick leave in place of Family Sick Leave and must use other accrued leave when Family Sick Leave is exhausted. Annual Conversion of Sick Leave In the last full pay period of the fiscal year, a regular part-time employee must convert sick leave to cash under the following conditions: 1. After conversion, employee must have a minimum balance of 168 hours of sick leave. The regular part-time employee has used 24 hours or less of sick leave for' /. -time and 16 hours or less of sick leave for 1/2-time in the immediately preceding 12 months. A regular part-time employee must convert 50% of the annual sick leave accrual, less sick leave used in the immediately preceding 12 months, up to a maximum of 40 hours. Sick 37 leave used includes use of family sick leave. Example: employee used 8 hours in preceding 12 months 48 hours of annual accrual x 50% = 24 hours 24 hours - 8 hours used = 16 hours converted to cash G. Retirement Health Savings Plan (RHSP) 1. Regular part-time employees that satisfy the provisions contained in Article 6, Section 2.F. must contribute 50% of their annual sick leave conversion to a Retirement Health Savings Plan account as a cash deposit (e.g., an employee that is eligible to convert 40 hours of sick leave will receive the equivalent of 20 hours in cash and the equivalent of 20 hours will be contributed to their Retirement Health Savings Plan account as a cash deposit). 2. The annual RHSP contribution shall take place in the last full pay period of the Fiscal Year. 3. Any fees related to the RHSP will be paid by employees 4. In the event of an employee's death, if the employee is a participant in the RHSP and does not have a surviving spouse or surviving IRS qualified dependents, the employee's Retirement Health Savings account balance shall remain in the trust (i.e., RHSP) to be allocated among all RHSP Non -Safety Employee participants. The allocation will be on a pro -rata share, based upon RHSP Non - Safety Employee participant account balances. H. Payout of Sick Leave After five years of continuous employment with the City and upon retirement, a regular part-time employee will receive compensation for unused sick leave as follows: Upon retirement, an employee will receive 50% of all sick leave hours accrued in the form of a deposit to their Retirement Health Savings Plan account. Effective the pay period that includes July 1, 2015, payout of sick leave shall be provided on a graduated scale for employees who retire, based on years of service as follows: a. An employee who retires after 5 -9 years of service will have 50% cash -out, with a cap of $6,000. b. An employee who retires after 10 -14 years of service will have 50% cash -out, with a cap of $8,000. c. An employee who retires after 15, or more, years of service will have 50% cash -out with a cap of $10,000. d. Each cap will increase by the same percentage as across - the -board wage increases, beginning with the July 1, 2016 wage increase (e.g., $6,000 cap will increase by 2.5% to $6,150 effective July 1, 2016), 2. Upon leaving the City employment for reasons other than retirement, a three - quarter -time employee will receive 37.5% of all sick leave hours accrued. Calculations will be at the employee's rate of pay at the time of retirement and the payout will not exceed $1,500. 3. Upon leaving the City employment for reasons other than retirement, a half -time employee will receive 25% of all hours accrued. Calculations will be at the employee's rate of pay at the time of termination and the payout will not exceed $1,000. M 4. Upon the death of the employee, compensation for unused sick leave shall be at the same rate as the retirement benefit. Payment shall be made to the employee's designated beneficiary. Section 3 - Holidays A. Designated Holidays The holidays for employees in this unit are as follows: New Year's Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Day Day after Thanksgiving Christmas Day January 1 3rd Monday - January 3rd Monday - February Last Monday May July 4 1 st Monday - September November 11 4th Thursday November 4th Friday - November December 25 Holidays falling on Sunday shall be observed on the following Monday. Holidays falling on Saturday shall be observed on the preceding Friday and shall be considered as the legal holiday. B. Holiday Pay 1. Regular half -time employees shall receive regular pay for hours worked on a Designated Holiday. a. Half -time employees are eligible to receive holiday pay after 24 months of employment. To be eligible for holiday pay, an employee must be in paid status in the pay period that includes the Designated Holiday. b. Half -time employees shall receive four hours holiday pay, whether on or off duty, on a Designated Holiday. 2. Regular three quarter -time employees will be eligible to receive holiday pay after 18 months of employment. To be eligible for holiday pay, an employee must be in paid status in the pay period that includes the Holiday. a. Three quarter -time employees shall receive six hours holiday pay, whether on or off duty, on a Designated Holiday. b. Three quarter -time employees shall receive double time for hours worked on a Designated Holiday. 39 Section 4 - Benefit Dav Hours In addition to provisions for vacation, sick leave, and holidays set forth elsewhere herein, each regular three - quarter time employee who has completed an initial probationary period shall have available 12 benefit day hours each fiscal year. Six (6) of the 12 benefit day hours is for Cesar Chavez Day which will remain as an unscheduled benefit day until 10 other cities in San Diego County close their offices in observance of this day, at which time it shall be observed as a fixed holiday on the day so designated If Cesar Chavez Day becomes a fixed holiday as described herein, the number of benefit day hours shall be reduced to six (6) Each regular half -time employee who has completed an initial probationary period shall have available eight (8) benefit day hours each fiscal year. Four (4) of the eight (8) benefit day hours is for Cesar Chavez Day which will remain as an unscheduled benefit day until 10 other cities in San Diego County close their offices in observance of this day, at which time it shall be observed as a fixed holiday on the day so designated If Cesar Chavez Day becomes a fixed holiday as described herein, the number of benefit day hours shall be reduced to four (4). The times at which an employee may use benefit day hours shall be determined by the department Director with due regard for the wishes of the employee and particular regard for the needs of the City. Benefit day hours may be taken in one -hour increments. If not taken by the end of the last full pay period of the fiscal year, any remaining benefit day hours shall be forfeited. Employees who terminate employment shall be paid in a lump sum for the value of any remaining benefit day hours. Section 5 - Bereavement Leave In the event of a death in the family, regular and probationary employees shall be eligible for a pro- rated amount of time off with pay (e.g., up to 20 hours for hall -time employees and up to 30 hours for three quarter -time employees) to attend the funeral, or make funeral arrangements, subject to the following provisions: A. The relatives designated shall include child, parent, spouse, sibling, grandparent, grandchild and domestic partner. It shall also include "in -law" relatives and those relationships generally called step." B. Bereavement leave is not compensable when the employee is on leave of absence, bona fide lay off, or for days falling outside the employee's regular work period. C. All requests for bereavement leave shall be made in writing as soon as practical but in no event later than the first day back to work, and shall be subject to approval of the Human Resources Manager or designee. Section 5 - Jury Duty Employees shall be compensated at the regular rate of pay for serving jury duty during the employee's scheduled work hours. The duration of jury duty and hours to be compensated shall be in accordance with City policy and the Personnel Rules. Article 7. Payroll and Work Week Section 1 - General A. Regular Paydays Regular paydays are designated as every other Friday for the two -week period ending the previous Sunday. In no event shall the City advance pay, including pay for earned vacation, without the prior written approval, on a case -by -case basis, by the City Manager. 11 For employees regularly working less than 40 hours in one week, or designated as part-time or temporary employees, the regular number of working or duty hours in a work week shall be that number of hours for which they are scheduled to work. B. Community Services Work Schedules Work schedules for Community Services employees and Public Works employees in the Park Maintenance Worker classifications will be posted every Monday by 8:00 a.m., seven (7) days prior to the day the schedule begins the following Monday. Requests for vacation or compensatory time off must be received in writing by the employee's supervisor or his /her designee two weeks or 14 days prior to posting of the employee schedule. Leave requests will be acknowledged in writing by the department. Employees may be called in to work other than for scheduled hours due to sick leave, emergency leave or unavailability of a scheduled employee. Such additional work will be paid at straight time except as otherwise required in the MOU. Employees, whose hours are changed as the result of an error or oversight in the posted schedule, shall receive overtime pay for all hours that fall outside the originally scheduled hours. An employee's hours cannot be changed once the schedule is posted in order to avoid payment of additional overtime. Section 2 - Overtime No employee may work overtime without advance approval. Employees who do not secure prior approval may be subject to disciplinary action within established guidelines for discipline. All employees in this unit shall be paid one and one -half (1.5) times their hourly rate of pay for all hours worked in excess of eight hours in one day or 40 hours in one work week. Employees whose regularly scheduled work hours are in excess of eight hours in one workday are only entitled to receive overtime pay for the hours worked beyond their regularly scheduled workday or 40 hours in one work week. Employees working overtime will continue to receive overtime pay after 12:00 am for continuous hours worked including meal and rest periods, provided regular hours worked the following day will be paid at the employee's regular rate of pay. For the purpose of computing overtime, hours of paid vacation, sick leave and holidays shall be considered as hours worked. Section 3 - Comoensatory Time Off (CTO The times at which an employee may take compensatory time shall be determined by the department Director with due regard for the wishes of the employee and particular regard for the needs of the City. Compensatory time off, in lieu of overtime, shall be taken as one and one -half (1.5) hours for each overtime hour worked. The maximum accumulation of compensatory time off shall be 80 hours. A. In the event an employee accrues 80 hours of compensatory time in any one fiscal year, the employee will be ineligible to work overtime for compensatory time off for the remainder of that 41 fiscal year. The employee will only be eligible for cash compensation for overtime worked unless the employee uses CTO and brings the accrued balance below 80 hours. B. Once an employee uses CTO and brings the balance below 80 hours, the employee may again accrue CTO hours up to 80 hours. C. The department Director or designee shall determine the times at which an employee may take CTO with due regard for the wishes of the employee and particular regard for the needs of the City. D. An employee's CTO balance will be cashed out to zero in the final pay period of the fiscal year at the employee's then rate of pay. Said cash payment may only occur as part of the final pay period of the fiscal year in which said CTO was accrued. Section 4 - Deductions A. Dues Deduction Upon submittal by the Union of a signed copy of an authorization card, the City agrees to deduct the amount authorized by the employee. The City shall remit the deducted amount to the Union as soon as possible after the deduction is made. B. Withdrawal of Dues Deduction Employees who wish to withdraw their membership from the Union shall do so by filing the request in writing to the Local Union. The Union will process such a request as soon as possible after it is received, and will also notify the City promptly to stop the dues deduction. Article 8. Benefits Section 1 - Hospital and Medical The first day of the month following the qualifying eligibility date, an employee, upon proper application and acceptance, shall be covered by health and dental benefits with coverage as set forth from time to time in the agreement between the City and carrier(s). Half -time employees may elect coverage under the City's medical and /or dental insurance plans after 24 months of continuous employment. a. The half -time employee shall pay 50 %, and the City shall pay 50% of the health benefit premiums for the employee -only coverage. b. The cost of dependent coverage of the medical and dental plan of the employee's choice will be as follows for half -time employees: the employee will pay seventy -five percent (75 %), and the City will pay twenty-five percent (25 %). 2. Three quarter -time employees may elect coverage under the City's medical and /or dental insurance to be effective on the first day of the month following their date of hire. a. Three quarter -time employees shall pay 25% and the City shall pay 75% of the health benefit premiums for the employee -only coverage. b. The cost of dependent coverage of the medical and dental plan of the employee's choice will be as follows for three quarter -time employees: the employee will pay sixty- Eta two and one -half percent (62.5 %), and the City will pay thirty -seven and one -half percent (37.5 %). The employee's share of the cost will be made through payroll deduction. Section 2 - Eve Care 1. Half -time employees may elect coverage under the City's vision care plan after 24 months of continuous employment. a. The City shall pay 50% of the cost of the premium for the coverage of the employee and his /her dependents, and the employee shall pay the remaining 50% of the premium. The employee's share of the cost will be made through payroll deduction. 2. Three quarter -time employees may elect to be covered by the City's vision to be effective on the first of the month following their date of hire. a. The City shall pay seventy-five percent (75 %) of the cost of the premium for the coverage of the employee and his /her dependents, and the employee shall pay the remaining twenty-five percent (25 %) of the premium. The employee's share of the cost will be made through payroll deduction. Section 3 - Flexible Spending Benefits Program The City will maintain a Flexible Spending Benefits Program in accordance with applicable IRS statutes and the Affordable Health Care for America Act (AHCAA) in order to provide employees the greatest possible tax benefits. Section 4 - Retirement and Social Security A. The City provides part-time employees who work less than 1,000 hours per fiscal year retirement benefits through Public Agency Retirement System (PARS). For employees hired prior to July 1, 1996, the City pays 50% of the employee's 7.5% contribution into PARS. The City also pays the administrative fees. Part-time employees hired after July 1, 1996, will pay the full employee contribution of 7.5%. B. The City provides part-time employees who work more than 1,000 hours per year retirement benefits through the California Public Employees' Retirement System (CaIPERS). The City does not participate in Social Security, except as required by law. The use of the terms "classic member" and "new member' shall be as defined in the California Public Employees' Pension Reform Act of 2013 (PEPRA) and those rules and regulations adopted by CalPERS to implement PEPRA. Classic members" are those members who entered into membership with a retirement system on or before December 31, 2012 who do not meet the definition of "new member" in Government Code section 7522.04(f). A "new member" is defined in Government Code section 7522.04(f) as any of the following. 1. An individual who becomes a member of any public retirement system for the first time on or after January 1, 2013, and who was not a member of any other public retirement system prior to that date, or 43 2. An individual who becomes a member of a public retirement system for the first time on or after January 1, 2013, and who was a member of another public retirement system prior to that date, but who was not subject to reciprocity under subdivision (c) of Govt. Code 7522.02, or 3. An individual who was an active member in a retirement system and who, after a break in service of more than six months, returned to active membership in that system with a new employer. Effective pay period beginning July 11, 2011, each employee in this unit will contribute seven percent 7 %) of his /her PERSable salary (excluding overtime) on a pre -tax basis towards the "member contribution" portion of their CalPERS retirement account. The City will provide under its contract with CalPERS the following provisions: 1. The Indexed Level 1959 Survivors Benefits, 2. The retirement benefit of 2 % -at -55 formula, and 3. The One Year Final Compensation option. Upon retirement from the City of Poway following at least 20 years of service, the city also provides supplemental PARS administered benefit applied to Poway and all prior CalPERS service with previous public agencies for regular three quarter -time employees. When combined with CalPERS, this is the equivalent of the 2.7% at 55 formula total retirement benefit. For employees hired after December 31. 2011 and considered "classic members" as defined above: The City amended its contract with CalPERS to create a second -tier retirement plan effective January 1, 2012. The second -tier will apply to those employees hired after December 31, 2011 and considered "classic members." The second -tier shall provide: 1. The retirement benefit of 2 % -at -60 formula, 2. The Indexed Level 1959 Survivors Benefits, and 3. Average of three highest years' compensation. An employee in the second -tier will contribute seven percent (7 %) of his /her PERSable salary excluding overtime) on a pretax basis towards the "member contribution" portion of their CalPERS retirement account. Regular employees hired after December 31, 2011 are not eligible for a supplemental PARS benefit. 44 For employees hired on or after January 1, 2013 and considered "new members" as defined above: Employees in this group shall receive: 1. The retirement benefit of 2 % -at -62 formula; and 2. Average of three highest years' compensation; and 3. No Employer Paid Member Contribution (EPMC) Employees considered "new members" shall pay 50% of the "normal cost" (as determined by CalPERS annually) on a pre -tax basis. Section 5 - Deferred Compensation Effective the pay period that includes July 1, the City will provide a dollar- for - dollar match for each employee's contributions to the 457 deferred compensation plan each fiscal year as follows: 650 effective July 1, 2015, and 800 effective July 1, 2016 Section 6 — Computer Loan Program (Employee Computer Purchase Program Policy & Procedures) Any eligible regular part-time employee who has completed his/her initial probationary period is eligible for a loan under the City's Computer Program. Participants must agree to comply with the requirements and provisions of the Program. Participants will be eligible to make an initial computer purchase or upgrade their existing computer system through this program. Maximum loan amounts are established based upon the type of computer system being purchased, per the City's policy. Article 9. Special Pay Section 1 - Tuition Reimbursement A Regular part-time employees are eligible for tuition reimbursement after 60 months of continuous employment. The actual cost paid for tuition, books and required technical supplies and equipment, to a maximum of $1,000 per fiscal year per three quarter -time employee and $750 per fiscal year per half -time employee, will be refunded for professional and technical courses in accredited educational institutions provided that: The employee has received at least a satisfactory proficiency rating on his /her last performance report, The subject matter of the course relates directly to and contributes toward the performance of the employee's position with the City, The employee must submit a Request for Tuition Reimbursement form to the department Director and Human Resources within three (3) weeks after the beginning of the course. The form shall be accompanied by a description of the course provided by the education institution which describes the course content. ELM 4. Before receiving reimbursement, the employee shall furnish proof of payment and evidence that he /she has completed the course with a. A grade of "C" or better in undergraduate work or a grade of "B" in graduate work. A grade of "C" or better will be accepted for graduate work from institutions where an average grade of "C" is acceptable for graduation; or b. A "pass" or "credit" will be accepted for undergraduate classes where a pass /fail or credit/no credit grading system is used. B. Regular part-time employees may also request tuition reimbursement for actual cost paid for tuition, books and required technical supplies and equipment to a maximum of $1,000 per year per three quarter -time employee and $750 per fiscal year per half -time employee, for courses that result in Continuing Education Units (CEUs) or Continuing Education contact hours required for certification renewal, provided that: 1. The employee has received at least a satisfactory proficiency rating on his /her last performance report; 2. The subject matter of the course relates directly to and contributes toward the performance of the employee's position with the City; 3. The employee must submit the Request for Tuition Reimbursement to the department Director and Human Resources prior to the course. The employee shall include with the Request a description of the course from the provider offering the course, demonstrating that the course is acceptable for continuing education contact hours. Failure to obtain preapproval risks that the course is deemed ineligible and the employee cannot be reimbursed, and 4. Before receiving reimbursement, the employee shall furnish proof of payment and evidence that he /she completed the course and verification or proof that all eligible CEUs or contact hours were earned and awarded for the course. Section 2 - Uniforms and Equipment For employees in the Lake Operations, Park and Landscape Maintenance Divisions, and Public Works, the City will provide uniforms that are required by the City in accordance with the following: A. Safety Shoes Safety shoes shall be worn by employees as required by the City. The department will establish and furnish to the Human Resources Manager a list of classifications required to wear safety shoes. The list will be updated by January 1 of each year and on an as- needed basis with the concurrence of the Union. Employees will be provided reimbursement for safety shoes and /or inserts, laces, toe - protectors or resoling of safety shoes up to $ $200 each fiscal year, on as as- needed basis as determined by the division manager. In order to receive reimbursement, the employee must submit original receipts as proof of purchase to their department. Reimbursement will be made through accounts payable. All other safety clothing required in the performance of duties shall be furnished by the City. Employees may purchase more than one pair of safety shoes each fiscal year, as needed, within the annual $200 maximum. B. Uniforms - General The City will provide one jacket and 11 sets of uniforms for those employees who work five days per week, and seven sets of uniforms for employees who work three days per week, for those employees required to wear uniforms. Employees may elect to wear City- approved shorts during the summer. Employees electing to wear City- approved summer attire may receive fewer than 11 or seven sets of standard uniforms and shall be responsible for maintaining the summer attire. The City will maintain uniforms provided to Public Works employees, except for tee shirts. The City shall determine maintenance standards for uniforms and equipment, and employees must maintain these standards. T -shirts will be replaced as needed, not annually. C Uniforms - Community Services Community Services shall provide all employees with uniform shirts, which shall be replaced on an as- needed basis. It will be the employee's responsibility to replace lost or stolen jackets. Worn -out jackets will be replaced by the City. D, Uniforms - Park Rangers The City will provide regular, part-time Park Rangers uniforms upon hire and replace /repair such items as needed and as determined by the division manager. Uniforms will be purchased directly, not rented through a service. Uniform detail is as follows: Part-time (3 days per week employee): Uniform shirts: 5 Uniform pants: 5 Hats: 2 Jacket :1 Uniform polo: 2 In addition, the City will provide nametags, patches, and badges as required for this classification. Uniform allowance as defined by the California Public Employees' Retirement System CaIPERS) is a form of "compensation" for "classic" CaIPERS members for CaIPERS purposes only. As such, any uniform allowance or the value of uniforms provided by the City will be reported to CaIPERS as part of the employee's annual gross income for purposes of computing the employee's and City's CaIPERS contribution. Under the California Public Employees' Pension Reform Act (PEPRA), a uniform allowance or the value of uniforms is not considered pensionable compensation for "new members" of CaIPERS. Section 3 - Meal Reimbursement In the event a part-time employee is required to work in excess of twelve (12) consecutive hours, the City shall reimburse the cost of a meal in an amount not to exceed $12, unless a meal is otherwise provided. For purposes of determining consecutive hours worked, meal and rest periods will be considered hours worked. 47 Article 10. Service Section 1 - Probation All appointments, including promotional appointments, shall be for a probationary period of not less than a period equivalent to six (6) months of full -time employment. During the probationary period, the employee may be rejected at any time without the right of appeal or hearing. Any employee rejected during the probationary period from a position to which he /she has been promoted shall be reinstated to a position in the class from which he /she was promoted unless he is discharged for cause from the City. A supervisor may, with concurrence of the department Director, require an extension of an initial probationary period, upon a less than satisfactory performance evaluation. On recommendation of his /her supervisor and with the concurrence of the department Director, a non - probationary employee may be placed on special probation. An employee placed on special probation has the right of direct appeal to the City Manager. If the employee intends to appeal, he /she must inform the City Manager of that intention within ten (10) calendar days from the date the employee is placed on special probation. Section 2 - Safety The unit adopts the following by reference: A. The City has a Central Safety Committee with representatives from all units The City has an Injury and Illness Prevention Policy (IIPP). C. The City and all employees shall comply with any applicable Federal and State laws. D. The City and all employees shall comply with any policy and /or procedure that may from time to time be promulgated by the City Council. Section 3 - Out -of -Class Assignment A. An out -of -class assignment is a temporary assignment of a regular employee to an authorized classification at a higher level of pay that requires the employee to perform the full range of duties of the higher classification. Employees who perform the full range of duties of a higher level position for eighty (80) or more consecutive working hours, in which there is no appointed incumbent or in which the incumbent is on paid or unpaid leave, shall be compensated at the A step rate of pay for the higher level position. Payment shall be retroactive to the first day of such services. The full range of duties of the higher -level position shall be specifically assigned in writing via the Out -of -Class Assignment form and signed by the department Director or his /her designee. Under no circumstances shall the rate of compensation be less than five percent 5 %) above the employee's current rate of pay. Once the initial out -of -class terminates, the eighty (80) hour consecutive work hour elimination period will be waived for any additional out -of -class assignments that occur within the calendar year, provided that the employee is working in the same out -of -class classification regardless of 35 work area assignment Service in an out -of -class assignment shall not alter an employee's performance evaluation date. B. An employee specifically assigned to perform a portion of the duties of the higher level position for 80 or more consecutive working hours, shall receive additional compensation of five percent above the employee's current rate of pay. The assignment shall be specifically assigned in writing via the Out -of -Class Assignment form and signed by the department Director or his /her designee C. Special Pays and Allowances during Temporary Assignment An employee will continue to receive special pays and allowances provided under the employee's regular job assignment during any temporary assignment. D. Consecutive Hours Worked For purposes of determining the period of 80 consecutive hours, paid leave and holiday pay, will apply toward hours worked. E. Conclusion of Assignment At the conclusion of such an assignment, the employee shall be restored to his /her former classification regardless of the time involved. F. Nature of Assignment This provision shall not be applicable to bona fide education, training and development, job enlargement or enrichment. The employee will be notified in advance as to the nature of the assignment. Section 4 - Transfers An employee transferring from this unit to another unit shall maintain all pay and benefits accrued in this unit, and upon the effective date of transfer thereafter be governed by the provisions of any policy and /or agreement in effect for such other unit. Section 5 - Reassignment If a reassignment within the unit would result in an employee's being reassigned to a class having a higher salary range, the City will fill the position through a recruitment process. Section 6 - Layoff and Reemployment The City may abolish any position or employment and the employee may be laid off without taking disciplinary action and without the right of appeal. The City agrees to meet with the Union 30 days prior to the issuance of any layoff notice for the purpose of conferring over the impact and implementation of said layoff and to discuss alternatives and options. However, the City Manager shall retain the final decision with respect to the classification and numbers to be laid off. 49 Whenever it becomes necessary to reduce the number of employees in any classification, all persons to be laid off shall be given at least ten (10) calendar day's prior notice, and the order of layoff shall be as follows: A. In order of seniority, the employee with the shortest service in total City service in the affected classification shall be laid off first. B. In the event of two or more employees having identical total City service seniority, the order of layoff will be determined by length of continuous service in the affected classification. C. Whenever two or more employees have identical service in the affected classification, the order of layoff shall be determined by the City Manager on the basis of performance. D. Employees to be laid off in a particular classification have the right to demote to a lower classification to a position previously held with the City for which the employee meets the minimum qualifications, is capable of performing the essential functions of the position, and has City seniority over other employees in the lower classification. This will also apply to employees to be laid off in a particular classification who have demoted from a higher classification due to non - disciplinary reasons. Such employees shall be placed on the seniority list for the higher classification provided they still meet the minimum qualifications, are capable of performing the essential functions of the position, and have City seniority over other employees in the higher classification. E. The name of each laid -off employee shall be placed on a reemployment list for a period of 12 months in reverse order of layoff. Employees who are laid off who have received two out of three consecutive annual performance evaluations that are rated below standards or needs improvement will be placed at the bottom of the reemployment list in reverse order of layoff. Section 7 - Resignations An employee wishing to resign in good standing shall file with the department Director a written resignation stating the effective date and reasons for resignation at least two weeks prior to the effective date of resignation. The City will pay an employee for all hours worked on the next regular payday after resignation and will thereafter pay all accumulated reimbursable benefits as early as feasible. An employee who has resigned with a good record will be given preferential consideration for rehire if a position is available. Decision to rehire is at the discretion of the City, and the employee will not reestablish rights and /or benefits lost at the time of resignation. An employee with the equivalent of at least five years of full -time service who resigns in good standing and is reemployed within a two year period to the same or equal position previously held, shall be eligible to earn and use vacation, sick leave, and other benefits to which they are otherwise entitled as if there had been no break in service. Article 11. Grievance Section 1 - Purpose A. To promote improved employer - employee relationships by establishing procedures for appealing so management actions. B. To afford employees individually or through the Bargaining Unit Representatives a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussion. C. To provide that grievances shall be settled as near as practicable to the point of origin. Section 2 - Scope A grievance shall be considered as any matter for which appeal is not elsewhere provided for or prohibited, concerning: A. A dispute about the interpretation or application of this Agreement or of any ordinance, resolution, rule or regulation governing personnel procedure or working conditions. B. A dispute about the practical consequences of a City decision on wages, hours and other terms and conditions of employment. C. A decision affecting the employment of any permanent or probationary employee over which the department Director has partial or complete jurisdiction. Section 3 - Procedure A. Informal Grievance Procedure An employee who has a problem or complaint should first try to get it settled through discussion with his /her immediate supervisor without undue delay. If this discussion does not satisfactorily resolve the problem, the employee may discuss it with the supervisor's immediate superior. Every effort should be made to find an acceptable solution by informal means at the lowest appropriate level of supervision. If the employee is not in agreement with the decision reached by discussion, he /she shall then have the right to file a formal grievance in writing within five calendar days after receiving the informal decision of his /her immediate superior. B Formal Grievance Procedure 1. First Level of Review -- A grievance shall be presented in writing to the employee's immediate supervisor, who shall render a decision and comments in writing and return them to the employee within five calendar days after receiving the grievance. If the employee does not agree with his /her supervisor's decision, or if no answer has been received within five calendar days, the employee may present the appeal in writing to his /her department Director. 2. Second Level of Review -- The department Director receiving the grievance, or his /her designated representative, should discuss the grievance with the employee, his /her representative, if any, and with other appropriate persons. The department Director shall render his /her decision and comments in writing and return them to the employee within five calendar days after receiving the appeal. If the employee does not agree with the decision reached, or if no answer has been received within five calendar days, he /she may present the appeal in writing to the City Manager. 3. Third Level of Review -- The City Manager receiving the grievance, or his /her designed 51 representative, should discuss the grievance with the employee, his /her representative, if any, and with other appropriate persons. The City Manager may designate any person or persons to advise him /her concerning the appeal. The City Manager shall render his /her decision and comments in writing and return them to the employee within 15 working days after receiving the appeal. If the employee does not agree with the decision reached, or if no answer has been received within 15 working days, he /she may present the appeal in writing to the City Council. 4. Final Level of Review -- The City Council upon receiving the grievance shall take such actions and such methods as it chooses and render a written final and binding decision. Section 4 - Conduct of Grievance Procedure A. "Day" as used in this procedure means calendar day, unless specified to the contrary. B. The time limits specified in this procedure may be extended at any level of review to a definite date by mutual agreement of the employee and the reviewer concerned. C. The employee may request the assistance of another person of his /her own choosing in preparing and presenting his /her appeal at any level of review. D. The employee and his /her representative may be privileged to use a reasonable amount of work time as determined by the City Manager in conferring about and presenting the appeal. Failure of the employee to take further action within the specified time limits at each level of review, or within five days if no decision is rendered, shall constitute withdrawal of the grievance. F. Employees shall be assured freedom from reprisal for using the grievance procedure. Article 12. Personnel Rules All other employee rights, privileges, and benefits are included in the Personnel Rules of the City of Poway. Article 13. Job Actions The Union agrees not to strike or otherwise engage in withholding services or concerted action during the term of this Agreement. Also, the City agrees not to lock out the employees. Article 14. Americans with Disabilities Act Amended The City and the bargaining unit agree that they are subject to and must conform to the Americans with Disabilities Act Amended (ADAA) Article 15. Posting of Agreement A copy of this Agreement will be posted on the City's intranet and internet for employee access. The Agreement will be provided to new hires at the Human Resources orientation. 52 The undersigned, representing the City and the Representatives do hereby adopt the terms and conditions set forth herein, and recommend the City Council and members of the Unit approve same. For City Tina White, Assistant City Manager Services Resources Manager Forth epresentatives: Chester Mordasini, President California Teamsters, Local 911 i Core O'Reilly Reilly G', ". Tom Kesler ILI illiamson 54 EFFECTIVE BEGINNING THE FIRST PAY PERIOD THAT INCLUDES JULY 1, 2015 Range I IlassifiCabonTitleNumberStepAStepBStepC Shop D Step E Accounting Technician 1 40 5 17.7324 18.6191 19.5499 20.5275 21.5538 Accounting Technician II 445 19.7027 20.6878 21.7222 22.8084 23.9487 Administrative Assistant 1 36 15.6540 16.4369 17.2587 18.1217 19.0281 Administrative Assistant II 39 16.8577 17.7007 18.5858 19.5151 20.4912 Administrative Assistant III 45 19.5497 20.5274 21.5539 22.6316 23.7636 Aquatics Coordinator 44 19.0729 20.0267 21.0282 22.0796 23.1840 Box Office Attendant 36 15.6540 16.4369 17.2587 18.1217 19.0281 Box Office Coordinator 44 19.0729 20.0267 21.0282 22.0796 23.1840 Construction Maintenance Crew Leader 51 22.6717 23.8055 24.9959 26.2456 27.5586 Construction Maintenance Worker 1 41 17.7111 18.5968 19.5267 20.5031 21.5286 Construction Maintenance Worker 11 45 19.5497 20.5274 21.5539 22.6316 23.7636 Contract Specialist/Inspector 58 26.9496 28.2972 29.7122 31.1978 32.7585 Cross - Connection Specialist 58 26.9496 28.2972 29.7122 31.1978 32.7585 Customer Services Technician I 40.5 177324 18.6191 19.5499 20.5275 21.5538 Customer Services Technician II 445 19.7027 20.6878 21.7222 22.8084 23.9487 Customer Services Field Worker 50 22.1187 23.2249 24.3862 25.6055 26.8864 Development Services Technician 50 22 -1187 23.2249 24.3862 25.6055 26.8864 Dock Attendant 27 12.5346 13.1615 13.8194 14.5106 15.2363 Engineering Inspector 59 27.6233 29.0046 30.45501 31.9777 33.5775 Engineering Technician 1 55 25.0254 28.2768 27.5907 28.9702 30.4195 Engineering Technician 11 59 27.6233 29.0046 30.4550 31.9777 33.5"5 Equipment Mechanic 52 23.2385 24.4006 25.6208 26.9017 28.2476 Facilities Maintenance Crew Leader 55 25.0254 26.2768 27.5907 28.9702 30.4195 Facilities Maintenance Technician I 45 19.5497 20.5274 21.5539 22.6316 23.7636 Facilities Maintenance Technician 11 49 21.5792 22.6584 23.7914 24.9810 26.2306 Front of House Assistant 36 15.6540 16.4369 17.2587 18.1217 19.0281 Front of House Coordinator 44 19.0729 20.0267 21.0282 22.0796 23.1840 GIS Technician 55 25.0254 26.2768 27.5907 28.9702 30.4195 GIS Technician II 59 27.6233 29.0046 30.4550 31.9777 33.5775 Lead Customer Services Field Worker 56 25.6510 26.9337 28.2805 29.6945 31.1800 Lead Engineering Inspector 67 33.6563 35.3392 37.1064 38.9616 40.9108 Lifeguard 29 13.1692 13.8278 14.5190 15.2452 16.0076 Park Ranger 37 16.0454 16.8478 17.6902 18.5747 19.5038 Parks Maintenance Crew Leader 51 22.6717 23.8055 24.9959 26.2456 27.5586 Parks Maintenance Worker 41 17.7111 18.5968 19.5267 20.5031 21.5286 Parks Maintenance Worker II 45 19.5497 20.5274 21.5539 22.6316 23.7636 Public Works Shop Specialist 47 20.5394 21.5666 22.6450 23.7773 24.9666 Records Technician 47 20.5394 21.5666 22.6450 23.7773 24.9666 Recreation Coordinator 44 19.0729 20.0267 21.0282 22.0796 23.1840 Recreation Leader 1 29 13.1692 13.6278 14.5190 15.2452 16.0076 Recreation Leader II 33 14.5363 15.2633 16.0264 16.8278 17.6695 Senior Administrative Assistant 49 21.5792 22.6584 23.7914 24.9810 26.2306 Senior Dock Attendant 31 13.8359 14.5278 15.2541 16.0170 16.8180 Exhibit A EFFECTIVE BEGINNING THE FIRST PAY PERIOD THAT INCLUDES JULY 1, 2015 Range IClassificationTitleNumberStepA Step B Step C Step D I Step E Senior Equipment Mechanic 56.5 26.5493 27.8767 29.2705 30.7340 32.2708 Senior Park Ranger 41 17.7111 18.5968 19.5267 20.5031 21.5286 Senior Parks Maint. Crew Leader 55 25.0254 26.2768 27.5907 28.9702 30.4195 Senior Utility Systems Technician 64 31.2532 32.8160 34.4570 36.1797 37.9898 Stage Technician 40 17.2791 18.1432 19.0504 20.0030 21.0035 Technical Theater Coordinator 44 19.0729 20.0267 21.0282 22.0796 23.1840 Utility Systems Mechanic 60 28.3139 29.7297 31.2164 32.7771 34.4169 Utility Systems Technician 60 28.3139 29.7297 31.2164 32.7771 34.4169 Warehouse Associate 49 21.5792 22.6584 23.7914 24.9810 26.2306 Wastewater Utilities Crew Leader 53 23.8195 25.0106 26.2613 27.5742 28.9538 Wastewater Utilities Worker 1 43 18.6077 19.5382 20.5153 21.5411 22.6185 Wastewater Utilities Worker 11 47 20.5394 21.5666 22.6450 23.7773 24.9666 Water Treatment Plant Operator 1 52 23.2385 24.4006 25.6208 26.9017 28.2476 Water Treatment Plant Operator II 58 26.9496 28.2972 29.7122 31.1978 32.7 Water Treatment Plant Operator 111 64 31.2532 32.8160 34.4570 36.1797 37.98 Water Utilities Crew Leader 53 23.8195 25.0106 26.2613 27.5742 28.9538 Water Utilities Worker 1 43 18.6077 19.5382 20.5153 21.5411 22.6185 Water Utilities Worker II 47 20.5394 21.5666 22.6450 23.7773 24. Exhibit A II EFFECTIVE BEGINNING THE FIRST PAY PERIOD THAT INCLUDES JULY 1, 2016 II Exhibit A Range Clatssifization Idle Number I Step A I Step B I Step C Step D Step E Accounting Technician 1 40 5 18 1757 19.0846 20.0386 21 0407 22.0926 Accounting Technician II 44.5 20.1953 21.2050 22.2653 23.3786 24.5474 Administrative Assistant 1 36 16.0454 16.8478 17.6906 18.5749 19.5039 Administrative Assistant II 39 17.2791 18.1432 19.0509 20.0032 21.0036 dministrative Assistant 111 45 20.0384 21.0406 22.0933 23.1976 24.3578 Aquatics Coordinator 44 19.5497 20.5274 21.5544 22.6318 23.7637 Box Office Attendant 36 16.0454 16.8478 17.6906 18.5749 19.5039 Box Office Coordinator 44 19.5497 20.5274 21.5544 22.6318 23.7637 Construction Maintenance Crew Leader 51 23.2385 24.4006 25.6214 26.9019 28.2477 Construction Maintenance Worker 1 41 18.1539 19.0617 20.0154 21.0159 22.0669 Construction Maintenance Worker II 45 20.0384 21.0406 22.0933 23.1976 24.3578 Contract Specialist/Inspector 58 27.6233 29.0046 30.4557 31.9780 33.5776 Cross - Connection Specialist 58 27.6233 29.0046 30.4557 31.9780 33.5776 Customer Services Technician 1 40.5 18.1757 19.0846 20.0386 21.0407 22.0926 Customer Services Technician II 44.5 20.1953 212050 22.2653 23.3786 24.5474 Customer Services Field Worker 50 22.6717 23._8055 24.9965 26.2458 27.5587 Development Services Technician 50 22.6717 23.8055 24.9965 262458 27.5587 Dock Attendant 27 12.8480 13.4905 14.1652 14.8736 15.6173 Engineering Inspector 59 28.3139 29.7297 312171 32.7775 34.4170 Engineering Technician 1 _ 55 25.6510 26.9337 282812 29.6947 31.1801 Engineering Technician II 59 28.3139 29.7297 312171 32.7775 34.4170 Equipment Mechanic 52 23.8195 25.0106 26.2619 27.5744 28.9539 Facilities Maintenance Crew Leader 55 25.6510 26.9337 28.2812 29.6947 31.1801 Facilities Maintenance Technician 1 45 20.0384 21.0406 22.0933 23.1976 24.3578 Facilities Maintenance Technician II 49 22.1187 23.2249 24.3868 25.6057 26.8865 Front of House Assistant 36 16.0454 16.8478 17.6906 18.5749 19.5039 Front of House Coordinator 44 19.5497 20.5274 21.5544 22.6318 23.7637 GIS Technician 1 55 25.6510 26.9337 28.2812 29.6947 31.1801 GIS Technician 11 59 28.3139 29.7297 31.2171 32.7775 34.4170 Lead Customer Services Field Worker 56 26.2923 27.6070 28.9882 30.4371 31.9596 Lead Engineering Inspector 67 34.4977 36.2227 38.0349 39.9361 41.9337 Lifeguard 29 13.4984 14.1735 14.8823 15.6265 16.4079 Park Ranger 37 16.4465 17.2690 18.1329 19.0393 19.9915 Parks Maintenance Crew Leader 51 23.2385 24.4006 25.6214 26.9019 28.2477 Parks Maintenance Worker I 41 18.1539 19.0617 20.0154 21.0159 22.0669 Parks Maintenance Worker 11 45 20.0384 21.0406 22.0933 23.1976 24.3578 Public Works Shop Specialist 47 21.0529 22.1058 23.2117 24.3719 25.5909 Records Technician 47 21.0529 22.1058 23.2117 24.3719 25.5909 Recreation Coordinator 44 19.5497 20.5274 21.5544 22.6318 23.7637 Recreation Leader 29 13.4984 14.1735 14.8823 15.6265 16.4079 Leader 11 33 14.8997 15.6449 16.4274 17.2487 18.1113Recreation Senior Administrative Assistant 49 22.1187 23.2249 24.3868 25.6057 26.8865 Senior Dock Attendant 31 14.1818 14.8910 15.6358 16.4176 17.2386 Exhibit A EFFECTIVE BEGINNING THE FIRST PAY PERIOD THAT INCLUDES JULY 1, 2016 Range I I IClassificationTitleNueberSlopATStepBStepCStepD Slap E Senior Equipment Mechanic 56.5 27.2130 28.5736 30.0023 31.5024 33.0776 Senior Park Ranger 41 18.1539 19.0617 20.0154 21.0159 22.0669 Senior Parks Maint. Crew Leader 55 25.6510 26.9337 28.2812 29.6947 31.1801 Senior Utility Systems Technician 64 32.0345 33.6364 35.3191 37.0846 38.9396 Stage Technician 40 17.7111 18.5968 19.5272 20.5033 21.5287 Technical Theater Coordinator 44 19.5497 20.5274 21.5544 22.6318 23.7637 Utility Systems Mechanic 60 29.0217 30.4729 31.9975 33.5969 35.2774 Utility Systems Technician 60 29.0217 30.4729 31.9975 33.5969 351774 Warehouse Associate 49 22.1187 23.2249 24.3868 25.6057 26.8865 Wastewater Utilities Crew Leader 53 24.4150 25.6359 26.9164 28.2638 29.6777 Wastewater Utilities Worker 1 43 19.0729 20.0267 21.0287 22.0798 23.1841 Wastewater Utilities Worker 11 _ 47 21.0529 22.1058 23.2117 24.3719 25.5909 Water Treatment Plant Operator 1 _ 52 23.8195 25.0106 26.2619 27.5744 28.9539 Water Treatment Plant Operator II_ 58 27.6233 29.0046 30.4557 31.9780 33.5776 Dater Treatment Plant Operator III 6464 _ 32.0345 33.6364 35.3191 37.0846 38.9396 Water Utilities Crew Leader 53 24.4150 25.6359 26.9184 282638 29.6777 Water Utilities Worker 1 43 19.0729 20.0267 21.0287 220798 23.1841 Water Utilities Worker 11 47 21.0529 22.1058 23.2117 24.3719 25.5909 Exhibit A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF POWAY AND POWAY FIREFIGHTERS' ASSOCIATION Effective July 1, 2015 -June 30, 2017 Exhibit B TABLE OF CONTENTS ARTICLE1. GENERAL ............................................................................................ ..............................1 Section1. Purpose ..................................................................................................................... ..............................1 Section2. Scope ......................................................................................................................... ..............................1 Section3. General Provisions ..................................................................................................... ..............................1 ARTICLE 2. SEVERABILITY AND SAVINGS .................................................... ............................... 3 ARTICLE3. SYMPATHY ACTION ...................................................................... ............................... 4 ARTICLE 4. DURATION OF AGREEMENT ....................................................... ............................... 4 ARTICLES. WAGES ................................................................................................ ..............................4 ARTICLE6. LEAVES .............................................................................................. ............................... 4 Section1. Vacation ..................................................................................................................... 4 Section2. Sick Leave ................................................................................................................... 6 Section3. Holidays ...................................................................................................................... 9 Section4. Bereavement Leave ................................................................................................... 9 Section5. Shift Trade ................................................................................................................ 10 ARTICLE T PAYROLL AND WORKWEEK ....................................................... .............................10 Section1. General ...................................................................................................................... 10 Section2. Overtime .................................................................................................................. 10 Section3. Dues Deduction ......................................................................................................... 11 Section4. Compensatory Time Off ( CTO) .................................................................................. 11 Section5. Call -Back Time ......................................................................................................... 11 ARTICLE8. BENEFITS .......................................................................................... .............................12 Section1. Health ........................................................................................................................ .............................12 Section2. Eye Care .................................................................................................................... .............................12 Section3. Life Insurance ............................................................................................................ .............................12 Section 4. Long Term Disability Income Insurance ..................................................................... .............................12 Section5. Flexible Benefits Program. .................................. .................................................................................. 13 Section6. Deferred Compensation ............................................................................................ .............................13 Section 7. Retirement Health Savings Plan ................................................................................ .............................13 ARTICLE9. SPECIAL PAY .................................................................................... .............................15 Section 1. Tuition Reimbursement .......................................................................................... ............................... 15 Section2. Uniforms and Equipment .................................................................................... ............................... I.... 15 Section3. Acting Pay ................................................................................................................ ............................... 16 i Section4. Travel Expenses ......................................................................................................... .............................1b Section5. Bilingual Pay .............................................................................................................. .............................16 ARTICLE10. SERVICE ........................................................................................... .............................17 Section1. Probation .................................................................................................................. 17 Section2. Prohibition of Tobacco Use ........................................................................................ 17 Section3. Safety ........................................................................................................................ 17 Section4. Meal and Rest Periods .............................................................................................. 17 Section5. Transfers ................................................................................................................... 18 Section 6. Layoff and Abolishment of Positions ........................................................................ 18 Section7. Driving Eligibility ........................................................................................................ 18 Section8. Licenses and Certificates ........................................................................................... 18 Section9. Direct Deposit ........................................................................................................... 19 Section10. Resignations .......................................................................................................... 19 Section11. Training and Seminars ............................................................................................. 19 ARTICLE 11. GRIEVANCE PROCEDURE .......................................................... .............................19 ARTICLE 12. RETIREMENT AND SOCIAL SECURITY .................................. .............................20 ARTICLE 13. MAINTENANCE OF BENEFITS .................................................. .............................21 ARTICLE14. JOB ACTIONS ................................................................................. .............................21 ARTICLE 15. AMERICANS WITH DISABILITY ACT ...................................... .............................21 ARTICLE 16. CLASSIFICATION AND COMPENSATION STUDY ................ .............................22 ARTICLE 17. PERSONNEL RULES ..................................................................... .............................22 ARTICLE 18. POSTING OF AGREEMENT ........................................................ .............................22 ii This is a memorandum of understanding as provided for in the California Government Code, Sections 3500 through 3510, which is also known as the Meyers - Millias -Brown Act. This memorandum is hereinafter referred to as the Agreement, between the City of Poway, hereinafter referred to as the City, and the Poway Firefighters' Association, hereinafter referred to as the Association or Bargaining Unit. This Agreement shall become effective when ratified by the Association and adopted by the City Council of the City of Poway. ARTICLE 1. General Section 1. Purpose This Agreement recognizes the Association as the majority representative of the safety unit, which consists of Fire Captain, Fire Engineer, and Firefighter /Paramedic, and represents the unit for matters within the scope of meet and confer. Section 2. Scope Meet and confer is limited to wages, hours and other terms and conditions of employment, and shall not include any items not covered by this Agreement or adopted by reference in this Agreement or any subject preempted by Federal or State law. Section 3. General Provisions A. City Employer - Employee Relations Resolution The Association herein adopts by reference the City Employer - Employee Relations Resolution in its present form. The City agrees to meet and consult with the Association regarding the impact on its members of proposed amendments. B. Construction The rights, powers and authority of the City in all matters shall not be modified or restricted by this Agreement. In interpreting the language of this Agreement, first the plain meaning of the language shall prevail. If the parties cannot agree on the plain meaning of the language, then the intent of the parties shall be considered; then the trade or industry usage of the language shall be considered. C. City Rights The rights of the City include, but are not limited to the exclusive right to determine the mission of its constituent departments, commissions, committees, and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of operations; determine the methods, means and personnel by which operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. D. City Procedures Unit Determination. The City reserves the privilege of establishing units for meet and confer, but will maintain the safety unit for the duration of this Agreement. 2. Jurisdictional Disputes. In the event of jurisdictional disputes between competing employee organizations or unit claims, the employees of all units shall continue working under the Agreement in force at the time. 3. Awards. Service Recognition and Special Awards shall be granted or not granted at the discretion of the City Council. Time Spent for Meet and Confer and Grievances. The City allows reasonable time off without loss of compensation for a reasonable number of recognized representatives of the Association for the purpose of meet and confer and for grievance representation. Reasonableness is determined by the Director of Safety Services. Members of the Association may work for another member pro bono (a shift substitution) due to Association activities following the joint approval of the Director of Safety Services or designee and a Board member of the Association. Access to Work Location. Representatives of employee organizations may be allowed reasonable access to work locations only after they have obtained permission of the City Manager. Employee Bargaining Unit Representatives must advise supervisors in advance of time they will be away from their regular job duties for approved, scheduled employee organization business as provided under Section D. City Procedures. Use of City Facilities. Employee organizations may, with prior approval of the City Manager, be granted the use of City facilities during non - working hours for meetings of City employees, provided space is available, and provided further such meetings are not used for organizational activities, membership drives, or political activities of City employees. Availability of Data. The City will make available to employee organizations such non - confidential information pertaining to employment relations as is contained in the public records of the agency, subject to the limitations and conditions set forth herein and in the California Government Code. Such information shall be made available during regular office hours in accordance with the City's rules and procedures for making public records available and after payment for reasonable costs, where applicable. Information which shall be made available to employee organizations includes regularly published data covering subjects under discussion. Data collected on a promise to keep its source confidential may be made available in statistical summaries, but shall not be made available in such form as to disclose the source. Nothing in this procedure shall be construed to require disclosure of the following: a. Personnel, medical and similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy or be contrary to City policy. b. Working papers or memoranda which are not retained in the ordinary course of business or any records where the public interest served by not making the record available, clearly outweighs the public interest served by disclosure of the record. c. Records pertaining to pending litigations to which the City is a party or to claims or appeals that have not been settled. Nothing herein shall be construed as requiring the City to do research for an inquirer or to do programming or assemble data in a manner other than usually done by the City. 8. Bulletin Board Space. The City shall make available bulletin board space on existing bulletin boards designated for general employee information for the use of the employee organization in posting notices. The City and Association will establish a list of locations, which will be maintained by and on file with the Human Resources Manager. ARTICLE 2. Severability and Savings If any portion of this Agreement, or the application of such portion to any person or circumstance, shall be invalidated by judicial or legislative action, the remainder of this Agreement, or the application of such portion to persons or circumstances other than those as to which it is invalidated shall not be affected thereby, and shall remain in full force and effect. The Association will be duly notified of any legislative action invalidating any section of this Agreement. 3 In addition, the City will meet and consult with representatives of the unit prior to the implementation of new programs which have an impact on the unit. ARTICLE 3. Sympathy Action During the term of this Agreement, neither the Association nor any person or persons covered by this Agreement shall engage in any sympathy action or action of any type in support of any other unit or units, person or persons, or employee organizations not having an Agreement in effect with the City. ARTICLE 4. Duration of Agreement This entire Agreement shall commence at 12:00 a.m. on July 1, 2015 and terminate at 11:59 p.m. on June 30, 2017. At the expiration of this Agreement, in whole or in part and in the absence of a new agreement, the Association and the City agree to continue operating under the provisions of this Agreement until such time as a new agreement is reached, provided, however, such new agreement shall be retroactive to the date of expiration of this Agreement or any part of this Agreement. ARTICLE 5. Wages Wages shall increase by two percent (2 %) for all job classifications, effective the beginning of the pay period which includes July 1, 2015. Wages shall increase by two and one half percent (2.5 %) for all job classifications, effective the beginning of the pay period which includes July 1, 2016. The Salary Schedule is shown in Exhibit A. ARTICLE 6. Leaves Section 1. Vacation A. Computing Annual Vacation Leave All employees who have served more than one year of continuous service shall be entitled to vacation leave with pay. Annual vacation leave shall be computed in accordance with the following schedule: 1 through 5 Years of Continuous Employment 112 -hour biweekly employees Vacation Leave Credits 5.538 hours per pay period 80 -hour biweekly employees 3.692 hours per pay period 4 After 5 Years of Continuous Employment 112 -hour biweekly employees 80 -hour biweekly employees After 10 Years of Continuous Employment 112 -hour biweekly employees 80 -hour biweekly employees After 15 Years of Continuous Employment 112 -hour biweekly employees 80 -hour biweekly employees B. Vacation Leave Accrual Vacation Leave Credits 6.923 hours per pay period 4.615 hours per pay period Vacation Leave Credits 8.308 hours per pay period 5.538 hours per pay period. Vacation Leave Credits 9.231 hours per pay period 6.154 hours per pay period Vacation time can be accumulated to a maximum of two times one - year's eligibility. When an employee's vacation leave accrual reaches the maximum level, the employee will stop accruing additional vacation leave until the employee uses vacation leave below the maximum level. At that time, the employee will begin accruing additional leave from that point forward. Employees who have reached maximum accrual can request a review by the Director of Safety Services in the event a vacation request is denied. C. Use of Vacation Time The times at which an employee may take their vacation shall be determined by the Department Director with due regard for the wishes of the employee and particular regard for the needs of the City. All requests for vacation time off shall be for a minimum of four hours. In the event one or more holidays fall within a vacation leave period, the normal holiday pay will be paid. Effective December 1, 2008, no more than six employees can be on vacation or comp time off per 24 -hour shift. Requests for vacation times are determined on a first -come, first -served basis. In the event that multiple requests for vacation are received at the same time, seniority will be the deciding factor. Seniority as it is referred to here shall be determined by the date of 5 hire within the City of Poway Department of Safety Services. If more than one employee shares the same date of hire, a method of chance will be utilized to determine the individual that will be granted the vacation time off. This could include the selection of a recorded number, draw of the cards, or roll of the dice. When it is necessary to hire back to fill a vacancy to maintain the Department staffing plan, a system of rank - for -rank hire back shall be utilized first. In the event this process does not result in filling the vacation request, then employees who meet the Department's requirement to serve in an out -of- class- acting (OCA) capacity shall be contacted to fill the vacancy. In no event shall an individual of a higher rank be utilized to fill a lower ranking position without first consulting the Operations Chief if during the normal work day, or the Duty Chief if after hours. The decision of the Chief Officer on this matter will prevail. D. Payout of Vacation Leave Employees who terminate employment shall be paid a lump sum for all vacation leave earned prior to the effective date of termination, as required by law. E. Vacation Conversion The City will allow the conversion of accumulated vacation to cash subject to the following requirements: 1. An employee must have at least three years of continuous service with the City. 2. A maximum of two shifts (48 hours) per year may be converted to cash at the current hourly rate. 3. After the conversion, the employee must have at least 96 hours of accrued vacation. Section 2. Sick Leave A. Sick Leave Use Sick leave shall be allowed for the following qualifying reasons: For the employee's own illness or injury. For the employee's own diagnosis, care, or treatment of an existing health condition, or preventative care, including medical and dental appointments. For the diagnosis, care or treatment of an existing health condition or preventative care for an employee's family member, including: parent, parent -in -law, child, spouse, domestic partner, grandparent, grandchild, or sibling. c In accordance with the California Kin Care Law, regular full -time employees may use available Family Sick Leave (FSL) to care for a family member. If FSL is exhausted, employees must use other available accrued leave (e.g., vacation). To obtain relief or services related to being the victim of domestic violence, sexual assault, or stalking, including the following with appropriate certification of the need for services: A temporary restraining order or restraining order Other injunctive relief to help ensure the health, safety or welfare of themselves or children. To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking. To obtain services from a domestic violence shelter, program, or rape crisis center as the result of an act of domestic violence, sexual assault, or stalking. To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking. To participate in safety planning and other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation. If an employee's sick leave balance is exhausted, another paid leave (e.g., vacation, comp time) will be used. Employees must use available sick leave for the first thirty days of a long -term personal illness, injury, or disability. B. Sick Leave Accrual Sick leave with pay may be granted to all probationary and regular employees within the Bargaining Unit who are employed in regular full -time positions. Sick leave shall not be considered a right but shall be allowed only in case of necessity and actual personal sickness or disability. Sick leave shall be accrued in accordance with the following schedule: 112 -hour biweekly employees 80 -hour biweekly employees Sick Leave Credits 5.538 hours per pay period 3.692 hours per pay period Sick leave shall be granted to an employee only for actual working time off. Accumulation of sick leave shall be unlimited. In the event a 112 -hour biweekly employee is scheduled to work on a Designated Holiday and is out on sick leave, the normal holiday pay will be paid. Employees will not accrue sick leave while on leave- without -pay status. B. Notification In order to receive compensation while absent on sick leave, the employee shall notify the designated Fire Department point of contact prior to the beginning of his /her daily duties. The Director of Safety Services may require certification by an employee's physician that the employee is able to return to work in order to receive compensation for sick leave, if: 1. The sick leave spans two or more consecutive scheduled shifts, and 2. An abuse of sick leave is suspected, and 3. The employee has been formally counseled regarding the abuse. This requirement is at the discretion of the Director of Safety Services. However, the Director of Safety Services may require such certification when the City deems necessary, regardless of the time taken, subject to prior employee counseling. In the event an employee does not have a sufficient amount of accumulated sick leave to receive full compensation while absent due to illness, other accumulated leaves must be used before the employee goes to a leave without pay status. Leave without pay may only be granted with the approval of the City Manager. C. Family Sick Leave A 112 -hour biweekly employee may use accrued sick leave up to three (3) twenty -four hour shifts (72 hours) and an 80 -hour biweekly employee may use up to forty -eight (48) hours of accrued sick leave in each fiscal year to care for a parent, parent -in -law, child, spouse, domestic partner, grandparent, grandchild, or sibling. Employees must notify the designated Fire Department point of contact in advance when such leave is being taken and so note in the comments section of his /her time card, as well as a Leave Request, if done in advance. An employee cannot use personal sick leave in place of Family Sick Leave. 9 Section 3. Holidays A. Designated Holidays The holidays for 112 -hour biweekly employees in this unit are as follows: New Year's Day January 1 Martin Luther King Jr. Day 3rd Monday, January President's Day 3rd Monday, February Memorial Day Last Monday, May Independence Day July 4 Labor Day 1st Monday, September Veteran's Day November 11 Thanksgiving Day 4th Thursday, November Thanksgiving Friday Friday after Thanksgiving Christmas Day December 25 The 80 -hour biweekly employees in this unit shall be entitled to the same holidays off as other 80 -hour employees in the City, which in no event shall be less than the above listed holidays. Holiday pay for the 112 -hour biweekly employees in this unit shall be 12 hours pay at their regular rate of pay. In addition to regular pay for hours worked, employees in this unit shall be paid holiday pay, whether on or off duty on the holidays above. To be eligible for holiday pay, an employee must be in a paid status in the pay period that includes the holiday. Section 4. Bereavement Leave In the event of a death in the family, a 112 -hour biweekly employee shall be eligible for up to 48 hours off with pay to attend the funeral or make funeral arrangements; an 80- hour biweekly employee shall be eligible for up to 24 hours with pay, subject to the following provisions: A. The relatives designated shall include child, parent, sibling, grandparent, grandchild, and domestic partner. It shall also include "in -law" relatives and those relationships generally called "step ". B. Bereavement leave is not compensable when the employee is on leave of absence, bona fide layoff, or for days falling outside the employee's regular work period. C. All requests for paid bereavement leave shall be made in writing as soon as A practical but in no even later than the first day back to work, and shall be subject to the approval of the Human Resources Manager or designee. Section 5. Shift Trade Employees assigned to a 112 -hour biweekly work schedule are permitted to trade shifts in accordance with the following provisions: A. All shift trade requests are made voluntarily by the employees involved. B. Compensable hours for involved employees will not change due to the trade. C. Shift trades can only be agreed upon by two employees of the same rank and required certification to perform the substituted role, such as Tiller Operator. D. Shift trades shall be scheduled for a minimum of four hours and be completed within 180 days of the initial traded hours. E. The "banking" of shift trade hours owed by one employee to another is not permitted. F. Shift trades must be approved following Department policy. G. Upon approval, the traded shift becomes the responsibility of the substituting employee. If the substituting employee is unable to work the traded shift due to illness, the substituting employee shall be charged sick leave. H. Shift trades should not cause overtime. Shift trades between employees will not be considered when determining the maximum number of employees off during a 24 -hour shift. ARTICLE 7. Payroll and Workweek Section 1. General Employees in this unit shall be assigned to either an 8 -hour or a 24 -hour shift. The workweek will consist of 40 or 56 hours respectively. Section 2. Overtime Work in excess of the employee's regular scheduled time will constitute overtime, and if such time is approved, it shall be compensated at one - and - one -half (1 -1/2) times that employee's regular rate of pay. The FLSA work period for 112 -hour biweekly employees shall coincide with the regular biweekly payroll period of 14 days. The number of overtime hours shall be determined in accordance with the provisions of FLSA and this Agreement. For the purposes of computing overtime, hours of paid leaves of absences shall be 10 considered as hours worked. Workers Compensation leave (Labor Code §4850) shall not be considered hours worked for purposes of computing overtime. In instances where an additional shift or unscheduled hours are worked prior to the first day of Workers Compensation leave within the employee's FLSA period, the additional shift or unscheduled hours shall be paid at the FLSA overtime rate. Section 3. Dues Deduction Upon written request to Human Resources, employees may elect to pay dues to the Poway Firefighters' Association through payroll deduction. Checks will be made payable to the Poway Firefighters' Association only. Section 4. Compensatory Time Off (CTO) Compensatory time off (CTO) will be earned at the straight time rate for each hour worked. The additional one -half hour of overtime compensation for each hour worked will be paid in cash. The maximum accumulation of CTO off shall be 72 hours for all 112 -hour biweekly employees. The maximum accumulation of CTO shall be 80 hours for all 80 -hour biweekly employees in this unit. The accumulation of hours shall be reduced to 48 hours at the end of each fiscal year for all 112 -hour biweekly employees. The accumulation of hours shall be reduced to 40 hours at the end of each fiscal year for all 80 -hour biweekly employees. The employee shall be compensated for the excess accumulation in a cash payment as part of the final pay period of the fiscal year. Requests for the use of CTO shall be valued the same as requests for vacation time off. All requests for CTO must be for a minimum of four hours. Effective December 1, 2008, no more than six employees can be on vacation or CTO per 24 -hour shift. Requests for cash payment of accumulated CTO throughout the fiscal year, other than mandatory reduction at the end of the fiscal year, shall be paid during the pay period in which requested. Section 5. Call -Back Time Employees called back to work after expiration of their normal work day or shift to perform emergency work shall be guaranteed minimum call -back time of two (2) hours at the appropriate overtime rate in the event the employee is released from duty within two (2) hours from the time of call. Call -back time will begin at the time of the call when the employee is required to prepare for and report to duty immediately. The employee shall make every effort to report to work as soon as possible after being called back, and in no event shall call -back pay commence sooner than one hour prior to the time the employee reports to work. For purposes of determining eligibility for minimum call -back time, returning to duty to maintain a manning level as determined by the Director of Safety Services will be considered emergency work. 11 ARTICLE 8. Benefits Section 1. Health Health benefit premiums for each employee shall be paid in full by the City Dependents of each employee may also be covered by health benefit coverage, upon proper application and acceptance. The cost of dependent coverage of the medical and dental plan will be shared between the City and the employee. The City shall pay one - half of the dependent medical and dental premium cost. The employee's share of the cost will be made through payroll deduction. The parties to this Agreement agree to work with the City Insurance Committee to keep the overall cost of future premium increases to a minimum for the term of this Agreement. Section 2. Eve Care The City will provide an eye care plan. The City shall pay 100% of the premium for the employee and his /her dependent coverage. Section 3. Life Insurance The first day of the month following date of hire, an employee, upon proper application and acceptance by the insurance company, shall be covered under a group life insurance plan for the amount of one and one -half (1 -1/2) times annual income 15,000 minimum). Section 4. Long Term Disability Income Insurance This employee benefit provides for the payment of a monthly income benefit payment for those covered employees disabled by injury or sickness. The monthly benefit provided under this coverage will be 66- 2 /3percent of the employee's monthly earnings. The acceptance of an employee's application for long- term disability is subject to the approval of the insurance carrier. The insurance carrier is responsible for calculating the exact benefit amount, based on each individual's income status. The insurance carrier for this coverage requires a thirty (30) day waiting period from the first day of the disability to the beginning of the monthly benefit payment period. The City pays 100% of the premium. An employee may use sick leave and other accrued leave to supplement coverage under this benefit up to, but not in excess of, 100% of his/her regular rate of pay. 12 Section 5. Flexible Spending Benefits Program The City will maintain a Flexible Spending Benefits Program in accordance with applicable IRS statutes and the Affordable Health Care for America Act (AHCAA) in order to provide employees the greatest possible tax benefit. Section 6. Deferred Compensation In addition to the City's existing 457 deferred compensation plan, the City will provide a 401(a) Deferred Compensation Plan. Only full -time employees shall be eligible for this benefit. Employees hired on or before June 30, 2004, shall have a one -year vesting period for the 401(a) plan. For those hired on or after July 1, 2004, the vesting schedule will be as follows for any contributions made by the City: From date of hire until second anniversary — 0% of accumulated value Second anniversary of employment — 20% of the accumulated value Third anniversary of employment — 40% of the accumulated value Fourth anniversary of employment — 60% of the accumulated value Fifth anniversary of employment — 80% of the accumulated value Sixth anniversary of employment — 100% of the accumulated value Section 7. Retirement Health Savings Plan The City agrees to provide a Retirement Health Savings Plan (RHSP) for employees. A. The City will contribute $35.38 per full biweekly pay period into each employee's RHSP account. B. Any fees related to the RHSP will be paid by employees. C. Annual conversion of sick leave hours: Employees must annually convert 40 hours of sick leave to cash as an RHSP deposit in the pay period that includes July 1 when: 1. Their sick leave balance is at least 200 hours after conversion; and 2. The employee used 72 hours or less sick leave in the prior fiscal year (July June 30). D. Conversion of sick leave hours at service /non - disability retirement: 1. Remaining sick leave hours at service /non - disability retirement converted to cash as an RHSP deposit. 2. The maximum cash value shall be $11,142 effective July 1, 2015. 3. The maximum cash value shall increase to $11,420 effective July 1, 13 shall be 2016. 4. The maximum cash value shall thereafter increase by the same percentage as future MOU salary increases (e.g., 2% across - the -board salary increase would increase the maximum by 2 %, or $11,420 x 1.02 = $11, 648) effective the same date as that salary increase. 5. If future salary increases vary by rank, the maximum cash value shall increase by the highest percentage salary increase granted for any rank represented by the Association. Section 8. Employee Benefits Review The City will establish a joint committee with up to three (3) Bargaining Unit representatives to evaluate employee benefits, including the potential elimination of the Anthem Blue Cross Point of Service (POS) Plan. The committee will hold at least two meetings prior to the start of the 2016 and 2017 Plan Years as follows: 2016 Plan Year August 2015 — Review Strategic Planning Benchmarking) September 2015 — Review Marketing Analysis Report (State of the Market, ACA, Renewal Rates, Plan Alternatives) The 2016 Plan year review will review and confirm the healthcare conditions facing the City (e.g., rising costs, ACA provision); review Plan alternatives available to reduce both city and employee healthcare costs; and identify near -term Plan modifications for possible implementation with the 2016 Plan Year. It is not anticipated the POS Plan would be eliminated at this time. 2017 Plan Year August 2016 — Review Strategic Planning Report September 2016 — Review Marketing Analysis The 2017 Plan Year review will review and re- confirm the healthcare conditions facing the City; review Plan alternatives available to further reduce both City and employee healthcare costs; and identify a long -term Plan alternative for implementation with the 2017 Plan Year. Although it is anticipated the POS Plan would be eliminated at this time, changes in market conditions and /or ACA requirements may allow for possible continuation. Note: Willis, the City's third -party benefits administrator, would guide each meeting Any regular City employee who has completed his /her initial probationary period is eligible to apply for a loan under the City's Computer Program. Participants must agree to comply with the requirements and provisions of the Program. Participants will be eligible to make an initial computer purchase or upgrade their existing computer system 14 through this program. Maximum loan amounts are established based upon the type of computer system being purchased, per the City's policy. ARTICLE 9. Special Pay Section 1. Tuition Reimbursement Employees in the Association shall be allowed to participate in the tuition reimbursement program outlined in the Personnel Rules. The maximum amount of reimbursement shall be $1,500 per fiscal year per employee and will be available on a first -come, first -serve basis. The total funds available to the Association will be $10,000 each fiscal year. Funds remaining in any one fiscal year cannot be carried over to a future year. Approved fire service classes and professional and technical courses in accredited educational institutions are eligible provided that: A. The employee has received at least an overall satisfactory rating on his /her last performance evaluation. B. The subject matter of the course relates directly to and contributes toward the performance of the employee's position with the City. C. The employee submits a Request for Tuition Reimbursement form to the department Director and Human Resources within three (3) weeks after the beginning of the class. D. Before receiving reimbursement, the employee shall furnish proof of payment and evidence that he /she has completed the course with a grade of "C" or better, if the grade of "C" is acceptable for graduation. A "pass' will be accepted for classes where a pass /fail grading system is used. For approved fire service classes a certificate of completion is required. Section 2. Uniforms and Equipment The City will provide all uniforms that are required by the City in accordance to the following: A. All uniforms will be compliant with NFPA Standard 1500 and as determined by the Director of Safety Services and shall include items specified in Section 2, Item C, below. B. Safety clothing required in the performance of duties shall be provided by the City. Employees shall be required to report for work in the required uniform and shall wear the required safety clothing when performing hazardous duties. C. Standards of maintenance of uniforms and equipment shall be determined by the City. Employees will be required to maintain these standards. Uniforms to be purchased by the City include: 1s 1. Shirts 4 4. Jacket w /liner 1 7. T -shirts 6 2. Pants 4 5. Socks 6 r. 8. Belt 1 3. Sweatshirt 1 6. Physical Training Shorts 1 9.13all ca 1 D. Uniform replacements will be made on an as- needed basis as determined by the Department Director or designee. Uniform allowance as defined by the California Public Employees' Retirement System (CaIPERS) is a form of compensation for "classic members" of CaIPERS for CaIPERS purposes only. As such, any uniform allowance or the value of uniforms provided by the City will be reported to CaIPERS as part of the employee's annual gross income for purposes of computing the employee's and City's CaIPERS contribution. Under the California Public Employees' Pension Reform Act (PEPRA), a uniform allowance or the value of uniforms is not considered pensionable compensation for "new members' of CaIPERS. Section 3. Acting Pay A. Compensation for working in an acting assignment in the rank of Fire Engineer or Fire Captain shall be paid at the next step in the employee's current range or a minimum of 5% above the employee's current compensation rate. Acting pay will commence after the employee has worked a minimum of 12 consecutive hours in an acting assignment retroactive to the first hour of the assignment. Thereafter, acting pay will continue for every consecutive hour worked in the acting assignment until the employee is relieved of the acting assignment. B. In order for an employee to be eligible to work in an out -of -class position, the employee must have successfully passed the most recent promotional examination for that out -of -class position. C. Serving in an acting capacity will not alter employees' anniversary dates for probationary status or merit increases. Section 4. Travel Expenses Travel expense approval will be in alignment with the City's current policy. Section 5. Bilingual Pay The City agrees to study bilingual pay (organizational need, eligibility, compensation, certification, etc.) and develop a recommendation by June 2016. 16 ARTICLE 10. Service Section 1. Probation All appointments shall be for a probationary period of not less than one year. During the probationary period, the employee may be rejected at any time without the right of appeal or hearing. The Department Director shall have the authority to extend the initial period of probation for an additional three (3) months. If any employee is rejected during the probationary period from a position to which he /she has been promoted, the City shall make every reasonable effort to retain the employee in any vacant position in a public safety position for which he /she is qualified. Such efforts may include acceptance of the employee's request for a voluntary demotion to a vacant position. This provision shall not apply if the employee is released from probation due to repeated or single acts of misconduct specified in Rule 14.2 of the City's Personnel Rules. Section 2. Prohibition of Tobacco Use The City agrees to require new hires with an original appointment date after July 1, 2000, to not use tobacco products, and will require continued nonuse as a condition of their employment. Section 3. Safety The Association adopts the following by reference: 1. The City has a Central Safety Committee with representatives from all units. 2. The City and all employees shall comply with any applicable Federal and State law. 3. The City and all employees shall comply with any safety policy and /or procedure that may from time to time be promulgated by the City Council or the Safety Services Department. Section 4. Meal and Rest Periods Meal periods and rest periods will be permitted insofar as they are practicable and consistent with operational interests. In the event of an extended emergency response, the City will reimburse the members of the Poway Firefighters' Association $5.00 per meal, per person when such a response will not allow the fire crews to return to station by 1300 hours for lunch, or 7.50 per meal, per person when returning after 1830 hours for dinner. Reimbursement will be made directly to the affected crew members. All meals will be purchased and 17 consumed within the City limits, whenever practical. Section 5. Transfers If an employee assigned to a 112 -hour biweekly work schedule is transferred to a position on an 80 -hour biweekly schedule, the employee's sick leave and vacation leave accrual rates along with their respective balances shall be adjusted proportionately to reflect the new schedule for an 80 -hour biweekly employee. If an employee is transferred from an 80 -hour biweekly schedule to a 112 -hour biweekly schedule, the sick leave and vacation accrual rate and balances shall be similarly adjusted. Section 6. Layoff and Abolishment of Positions The City may abolish any position and the employee may be laid off without disciplinary action or without the right of appeal. Whenever the City deems it necessary to reduce the number of employees in any classification, the employee may be laid off without disciplinary action or without the right of appeal. The City agrees to meet with the Bargaining Unit Representatives 30 days prior to issuance of any layoff notices or abolishment of positions to confer over the impact and implementation of said layoffs or abolishment and to discuss alternatives and options. However, the City Manager shall retain the final decision with respect to classifications and number of employees to be laid off. The City's layoff procedures are contained in Rule 13 (Separation from Service) of the City's Personnel Rules, in effect at the time the layoff decision is made. Section 7. Drivina Eligibility Employees who drive a vehicle for City business shall have a valid California Driver's License. The City participates in the California Department of Motor Vehicles' "pull program." The City reserves the right to check at any time with the Department of Motor Vehicles and /or an employee to determine if the employee's license is valid. If an employee's driver's license is revoked, suspended or otherwise made invalid by the Department of Motor Vehicles, the employee must inform his /her supervisor immediately. Section 8. Licenses and Certificates Employees must maintain licenses and certification as outlined in their respective job specifications at all times. In order to ascertain the validity of the employee's licenses and certificates, employees must present licenses and certificates to their supervisor upon request. If any of an employee's licenses or certificates are revoked, suspended or otherwise made invalid, the employee must inform his /her supervisor immediately. 18 Section 9. Direct Deposit All employees will have mandatory direct deposit. Employees will provide authorization to the City to electronically deposit their paychecks to a financial institution of their choice. Section 10. Resignations An employee wishing to resign in good standing shall file with the Department Director a written resignation stating the effective date and reasons for resignation at least two weeks prior to the effective date of resignation. The City will pay an employee for all hours worked on the next regular payday after resignation, and will thereafter pay all accumulated reimbursable benefits as early as feasible. An employee who has resigned with a good record will be given preferential consideration for rehire if a position is available. Decision to rehire is at the discretion of the City, and the employee will not reestablish rights and /or benefits lost at the time of resignation. Section 11. Training and Seminars The City provides funds for training and educational seminars as the budget reasonably permits. Tuition and fees for training and educational seminars are paid from these funds. Employees requesting tuition for emergency services, job - related educational seminars must obtain approval in advance from the Director of Safety Services. Employees attending such seminars during their normal duty hours will not be charged vacation leave or compensatory time off leave. Employees attending such seminars on their own time will not be compensated for that time. ARTICLE 11. Grievance Procedure The Association and City will adhere to the grievance procedure as stated in the Personnel Rules, Rule 15, in effect at the time of the grievance. In addition to Step Five of the Grievance Procedure set forth in the Personnel Rules, the final level of review shall be contained in the Memorandum of Understanding with the Association as follows: If the employee does not agree with the decision reached in Step Five of the Grievance Procedure, he /she may present the appeal in writing to the City Council. Final Level of Review: The City Council upon receiving the grievance shall take such actions and such methods as it chooses and render a written final and binding decision. ARTICLE 12. Retirement and Social Security 19 The City will provide retirement benefits through the Public Employees' Retirement System. The City does not participate in the Social Security System. The use of the terms "classic member" and "new member' shall be as defined in the Public Employee Pension Reform Act of 2013 (PEPRA) and those rules and regulations adopted by CalPERS to implement PEPRA. Classic members" are those members who entered into membership with a retirement system on or before December 31, 2012 who do not meet the definition of "new member' in Government Code section 7522.04(f). A "new member' is defined in Government Code section 7522.04(f) as any of the following: An individual who becomes a member of any public retirement system for the first time on or after January 1, 2013, and who was not a member of any other public retirement system prior to that date; or An individual who becomes a member of a public retirement system for the first time on or after January 1, 2013, and who was a member of another public retirement system prior to that date, but who was not subject to reciprocity under subdivision (c) of Govt. Code 7522.02; or An individual who was an active member in a retirement system and who, after a break in service of more than six months, returned to active membership in that system with a new employer. For employees hired on or before December 31, 2011 and considered "classic members" as defined above: Effective pay period beginning July 11, 2011, each employee in this Bargaining Unit will contribute nine percent (9 %) of his/her PERSable salary (excluding overtime) on a pre- tax basis towards the "member contribution' portion of their CaIPERS retirement account. The City currently contracts with the California Public Employees' Retirement System CaIPERS) to provide the following system features: 1. The retirement option known as 3 % -at -50 formula; 2. Average of three highest years' compensation; 3. The Index Level of 1959 Survivors Benefit; and 4. Pre - Retirement Optional Settlement 2 Death Benefit. 44; For employees hired after December 31, 2011 and considered "classic members" as defined above: The City amended its contract with CalPERS to create a second -tier retirement plan effective January 1, 2012. The second -tier will apply to employees hired after December 31, 2011 and considered "classic members ". The second -tier shall provide: 1. The retirement option known as 3 % -at -55 formula; 2. The Index Level 1959 Survivors Benefits; 3. Average of three highest years' compensation; and 4. Pre - Retirement Optional Settlement 2 Death Benefit. An employee in the second -tier will contribute nine percent (9 %) of his/her PERSable salary (excluding overtime) on a pretax basis towards the "member contribution" portion of their CalPERS retirement account. For employees hired on or after January 1, 2013 and considered "new members" as defined above: Employees in this group shall receive: 1. The retirement formula known as 2.7 % -at -57 formula; and 2. Average of three highest years' compensation with no Employer Paid Member Contribution (EPMC). Employees considered "new members" shall pay 50% of the "normal cost" (as determined by CalPERS annually) on a pre -tax basis. ARTICLE 13. Maintenance of Benefits All rights, privileges, and terms and conditions of employment in full force and effect under the previous MOU and not in conflict herewith shall become a part herein until mutually modified, or otherwise changed by the parties hereto. ARTICLE 14. Job Actions The Association agrees not to strike or otherwise engage in withholding services or concerted action during the term of this Agreement. In addition, the City agrees not to lock out the employees. ARTICLE 15. Americans with Disability Act The City and the Bargaining Unit agree that they are subject to and must conform to the Americans with Disability Act Amendments Act (ADAAA). 21 ARTICLE 16. Classification and Compensation Study 1. The City will include funding for a comprehensive classification and compensation study in the FY2015- 2016/2016 -2017 budget; 2. The City will issue an RFP in 2015 -16, to include professional services that will identify industry- standard incentive pay(s), including education incentive pay, for Safety classifications. 3. The City will include two Bargaining Unit representatives on the City interview team to conduct consultant selection interviews. These two representatives will have an opportunity to review the RFP prior to issue. 4. The City will endeavor to complete the classification and compensation study by winter 2016/2017, in time for the next biennium budget cycle (FY 2017- 18/2018- 19). ARTICLE 17. Personnel Rules All other employee rights, privileges, and benefits are included in the Personnel Rules of the City of Poway. ARTICLE 18. Posting of Agreement A copy of this Agreement will be posted on the City's intranet and internet for employee access. The Agreement will be provided to new hires at the Human Resources orientation. rxa The undersigned, representing the City and the Association, do hereby adopt the terms and conditions set forth herein and recommend the City Council and members of the Association approve it. For the City: Tina White Assistant City Manager Scott Edwards Director of Administrative Services Lisa Torres Human Resources Manager For the Association: Mike Powell Brian Mitchell Fire Captain /Paramedic Joshua Fernandes Fire Engineer /Paramedic Geoffrey Kamantigue Firefighter /Paramedic Dated: Dated: 23 The undersigned, representing the City and the Association, do hereby adopt the terms and conditions set forth herein and recommend the City Council and members of the Association approve it. For th Tina White Assistant City Manager Administrative Services Human Resources Manager Dated: 23 For the Associat!qty Mike Powell Brian Mitchell Fire Captain /Paramedic oshua Fernandes Fire Engi eer/ aramedic Ge rey <amantigue Fi efighter /Paramedic Dated: --7 — g — ( S— Salary Schedule for Classifications within the Safety Employees Bargaining Group Effective the beginning of the first pay period which includes July 1, 2015 POSITION SALARY Fire Captain/ RANGE STEPS Paramedic 142.4 A B C D E Biweekly (hourly x 112) 3,195.92 3,355.74 3,523.52 3,699.70 3,884.72 Hourly (112 hours) 28.535 29.962 31.460 33.033 34.685 Hourly (80 hours) 39.949 41.947 44.044 46.246 48.559 Approx. Monthly 6,924 7,271 7,634 8,016 8,417 Fire Captain 137.4 A B C D E Biweekly (hourly x 112) 3,043.15 3,195.36 3,355.07 3,522.85 3,699.02 Hourly (112 hours) 27.171 28.530 29.956 31.454 33.027 Hourly (80 hours) 38.039 39.942 41.938 44.036 46.238 Approx. Monthly 6,593 6,923 7,269 7,633 8,015 Fire Engineer Paramedic 126.3 A B C D E Biweekly (hourly x 112) 2,739.18 2,876.16 3,019.97 3,170.94 3,329.54 Hourly (112 hours) 24.457 25.680 26.964 28.312 29.728 Hourly (80 hours) 34.240 35.952 37.750 39.637 41.619 Approx. Monthly 5,935 6,232 6,543 6,870 7,214 Fire Engineer 121.3 A B C D E Biweekly (hourly x 112) 2,608.82 2,739.30 2,876.27 3,020.08 3,171.06 Hourly (112 hours) 23.293 24.458 25.681 26.965 28.313 Hourly (80 hours) 32.610 34.241 35.953 37.751 39.638 Approx. Monthly 5,652 51935 6,232 6,544 6,871 Firefighter/Paramedic 120.0 A B C D E Biweekly (hourly x 112) 2,575.66 2,704.46 2,839.65 2,981.66 3,130.74 Hourly (112 hours) 22.997 24.147 25.354 26.622 27.953 Hourly (80 hours) 32.196 33.806 35.496 37.271 39.134 Approx. Monthly 5,581 5,860 6,153 6,460 6,783 Exhibit A Salary Schedule for Classifications within the Safety Employees Bargaining Group Effective the beginning of the first pay period which includes July 1, 2016 POSITION SALARY Fire Captain / RANGE STEPS Paramedic 142.4 A B C D E Biweekly (hourly x 112) 3,275.89 3,439.63 3,611.66 3,792.21 3,981.82 Hourly (112 hours) 29.249 30.711 32.247 33.859 35.552 Hourly (80 hours) 40.949 42.995 45.146 47.403 49.773 Approx. Monthly 7,098 7,453 7,825 8,216 8,627 Fire Captain 137.4 A B C D E Biweekly (hourly x 112) 3,119.31 3,275.33 3,439.07 3,610.99 3,791.54 Hourly (112 hours) 27.851 29.244 30.706 32.241 33.853 Hourly (80 hours) 38.991 40.942 42.988 45.137 47.394 Approx. Monthly 6,759 7,097 7,451 7,824 8,215 Fire Engineer Paramedic 126.3 A B C D E Biweekly (hourly x 112) 2,807.73 2,948.06 3,095.46 3,250.24 3,412.75 Hourly (112 hours) 25.069 26.322 27.638 29.020 30.471 Hourly (80 hours) 35.097 36.851 38.693 40.628 42.659 Approx. Monthly 6,083 6,387 6,707 7,042 7,394 Fire Engineer 121.3 A B C D E Biweekly (hourly x 112) 2,674.11 2,807.84 2,948.18 3,095.57 3,250.35 Hourly (112 hours) 23.876 25.070 26.323 27.639 29.021 Hourly (80 hours) 33.426 35.098 36.852 38.695 40.629 Approx. Monthly 5,794 6,084 6,388 6,707 7,042 Firefighter/Paramedic 120.0 A B C D E Biweekly (hourly x 112) 2,640.06 2,772.11 2,910.77 3,056.26 3,209.02 Hourly (112 hours) 23.572 24.751 25.989 27.288 28.652 Hourly (80 hours) 33.001 34.651 36.385 38.203 40.113 Approx. Monthly 5,720 6,006 6,307 6,622 6,953 Exhibit A SIDE LETTER AGREEMENT BETWEEN CITY OF POWAY AND POWAY FIREFIGHTERS' ASSOCIATION JULY 1, 2015 THROUGH JUNE 30, 2017 WHEREAS, the City of Poway ( "City ") is the employer of City of Poway employees; and WHEREAS, the Poway Firefighters' Association ( "Association ") represents certain City employees; and WHEREAS, the current Memorandum of Understanding (MOU) between the City and the Safety Unit is in effect through June 30, 2017; and WHEREAS, both parties have agreed to the following, without prejudice to its position and without waiving any rights, including but not limited to the law, Meyers - Milias -Brown Act, and the MOU; and WHEREAS, both parties acknowledge that the City holds certain management rights not necessarily within the scope of bargaining, articulated, in part, in Article 1, Section 3.0 City Rights, of the MOU. NOW, THEREFORE, THE CITY AND THE ASSOCIATION HEREBY AGREE AS FOLLOWS: 1. A joint labor- management working group will be established. 2. Beginning January 1, 2016 through December 31, 2016, the working group will meet each month to discuss and evaluate the following items in advance of the next MOU negotiations in 2017: a. Fair Labor Standards Act (FLSA) 7(k) work period; b. The elimination of "fire hours "; c. Paid time off counted as hours worked for calculating overtime; and d. Station bid policy. FOR THE CI 1 t6t Tina M. White Assistant City Manager Services Director Human Resources Manager Dated: 11D I FOR THE ASS IATION: Mike Powell Brian Mitchell Fire Captain /Paramedic Ge rey Kamantigue Fi efighter /Paramedic oshua Fernandes Fire Engineer /Paramedic Dated: -8- I S SALARY AND BENEFIT PLAN FOR THE CITY OF POWAY MANAGEMENT/CONFIDENTIAL GROUP July 1, 2015-June 30, 2017 Exhibit C 1 i TABLE OF CONTENTS Article 1. Salary Schedule ......................... ............................... Article2. Leaves ..................................................................................................................... ..............................4 Section1. Vacation ............................................................................................................... ..............................4 A. Groups 1 -3 - Management ............................................................................................... ..............................4 B. Group 4 -Confidential ..................................................................................................... ..............................5 Section 2. Executive Leave ................ A. Group 1 ......... ............................... B. Groups 2A and 2B ........................ 6 Section3. Sick Leave ............................................................................................................. 7 A. Sick Leave Use .................................................................................................................. 7 B. Sick Leave Accrual ............................................................................................................ 8 C. Notification ...................................................................................................................... 8 D. Family Sick Leave ............................................................................................................. 8 E. Annual Conversion of Sick Leave ..................................................................................... 8 F. Retirement Health Savings Plan ( RHSP) ........................................................................... 9 G. Payout of Sick Leave ........................................................................................................ 9 Section4. Holidays .............................................................................................................. 10 A. Designated Holidays ....................................................................................................... 10 B. Holiday Pay ..................................................................................................................... 10 C. Holiday Closures ............................................................................................................. 11 Section S. Bereavement Leave ............................................................................................. 11 Section6. Benefit Day Hours ............................................................................................... .............................12 Section7. Jury Duty ............................................................................................................. .............................12 Article 3. Payroll and Workweek 12 A. Groups 1, 2A and 2B -Management ............................................................................... .............................12 B. Groups 3 and 4 - Professional / Confidential .................................................................... .............................13 Article 4. Benefits ................................................................................................................ ............................... 14 Section 1. Hospital and Medical .......................................................................................... 14 Section1. Eye Care ............................................................................................................ 14 Section3. Life Insurance ...................................................................................................... 14 Section 4. Deferred Compensation - All Groups ................................................................... 14 Section 5. Employee Benefits Review .................................................................................. .............................15 Section6. Computer Loan Program ..................................................................................... 16 Section 7. Long Term Disability Income Insurance .............................................................. 16 A. Group 1- Management .................................................................................................. 16 B. Groups 2- 4 ..................................................................................................................... 16 Section 8. Workers' Compensation Insurance ..................................................................... 17 Section 9. Unemployment Insurance /State Disability Insurance ......................................... 17 Section 10. Flexible Spending Benefits Program .................................................................... 17 2 r i Section11. Part-Time Employee Benefit s .............................................................................. .............................18 ArticleS. Special Pay .............................................................................................................. .............................18 Section 1. Tuition Reimbursement ....................................................................................... .............................18 Section 2. Uniforms and Equipment .................................................................................... .............................19 Section3. Acting Pay ........................................................................................................... .............................19 A. Groups 1 -3 -Management .............................................................................................. .............................19 B. Group 4- Confidential .................................................................................................... .............................19 Section4. Physical Examinations ......................................................................................... .............................20 SectionS. Travel Expenses ................................................................................................... .............................20 A. Group 1 -2A - Management ......................................................................................... .............................20 B. Groups 2B, 3 and 4 - Management / Confidential ........................................................ .............................20 Article 6. Service Section 1. Transfers 21 Section2. Layoff and Reemployment .................................................................................. .............................21 Section 3. Resignations......... Article7. Retirement and Social Security .............................................................................. .............................22 Section1. COMERS ............................................................................................................... 22 Section2. PARS .................................................................................................................... 13 1. Group 1- Tier VI: ............................................................................................................. 24 2. Group 1— Tier VII: ........................................................................................................... 24 3. Groups 2 -3 —Tier III: .................................................................................................................................... 24 4. Group 2-4 —Tier fl: ....................................................................................................................................... 24 5. Group 4 — Tier IV: ............................................................................................................ 24 Article S. Personnel Rules 24 Article 9. Classdication and Compensation Study ................................................................... .............................24 Article10. Bilingual Pay ......................................................................................................... .............................25 3 Article 1. Salary Schedule Wages shall increase by two percent (2 %) effective the beginning of the pay period which includes July 1, 2015. Wages shall increase by two and one half percent (2.5 %) effective the beginning of the pay period which includes July 1, 2016. Wages shall be paid in accordance with the salary schedule attached as Exhibit A. Article 2. Leaves Section 1. Vacation A. GROUPS 1 -3 — MANAGEMENT 1. Computing Vacation Leave All employees in the management group, who have served for a minimum of six (6) months of continuous service, shall be entitled to vacation leave with pay. Annual vacation leave shall be computed in accordance with the following schedule: Years of Continuous Employment 1 through 5 After After 10 After 15 2. Vacation Leave Accrual Vacation Leave Credits 4.615 hours per pay period 5.538 hours per pay period 6.923 hours per pay period 7.662 hours per pay period Vacation time can be accumulated to a maximum of 200% of one year's eligibility. When an employee's vacation leave accrual reaches the maximum level, the employee will stop accruing additional vacation leave until such time as the employee uses vacation leave below the maximum level. At that time, the employee will begin accruing additional leave from that point forward. Employees who have reached maximum accrual can request a review by their department Director in the event a vacation request is denied. 3. Use of Vacation Time The times at which an employee may take vacation shall be determined by the immediate supervisor with due regard for the wishes of the employee and particular regard for the needs of the City. Vacation leave in excess of thirty calendar days shall be granted or not granted at the sole discretion of the City Manager. 4 4. 5. In the event one or more holidays fall within a vacation leave period, such holidays shall not be charged as vacation leave. An employee may elect to use accrued vacation leave for scheduled dental and medical appointments, treatments, procedures or other related activities. Conversion of Accrued Vacation Leave Annual conversion of a portion of accrued vacation to cash for Groups 1 -3 is permitted subject to the following guidelines: a. A maximum of 40 hours per year may be converted on an hour - for -hour basis, at the current rate of pay. b. After conversion, the employee must have at least 80 hours remaining to his /her credit. e. Requests for conversion by Group 1 employees shall be approved by the City Manager. Requests for conversion by Groups 2 and 3 employees shall be approved by the Director of Administrative Services. Payout of Vacation Leave Employees who terminate employment shall be paid in a lump sum for all accrued vacation leave as required by law. B. GROUP 4 - CONFIDENTIAL 1 Computing Vacation Leave All employees in this group shall be entitled to vacation leave with pay except those employees who have served less than six continuous months in the service of the City. Annual vacation leave shall be computed in accordance with the following schedule: Years of Continuous Employment 1 through 5 years After 5 years After 10 years After 15 years 2. Vacation Leave Accrual Vacation Leave Credits 3.692 hours per pay period. 4.615 hours per pay period. 5.538 hours per pay period. 6.462 hours per pay period. Vacation time can be accumulated to a maximum of 200% of one year's eligibility. When an employee's vacation leave accrual reaches the maximum level, the employee will stop accruing additional vacation leave until such time as the 5 employee uses vacation leave below the maximum level. At that time, the employee will begin accruing additional leave from that point forward. Employees who have reached maximum accrual can request a review by their department Director in the event a vacation request is denied. 3. Use of Vacation Leave The times at which an employee may take vacation shall be determined by the department Director with due regard for the wishes of the employee and particular regard for the needs of the City. In the event one or more holidays fall within a vacation leave period, such holidays shall not be charged as vacation leave, and the vacation leave shall be extended accordingly. An employee may elect to use accrued vacation leave for scheduled dental and medical appointments, treatments, procedures or other related activities. 4. Conversion of Accrued Vacation Leave Annual conversion of a portion of accrued vacation to cash for Group 4 is permitted subject to the following guidelines: a. A maximum of 40 hours per year may be converted on an hour - for -hour basis, at the current rate of pay. b. After conversion, the employee must have at least 80 hours remaining to his /her credit. e. Requests for conversion by Group 4 employees shall be approved by the Director of Administrative Services. 5. Payout of Vacation Leave Employees who terminate employment shall be paid in a lump sum for all accrued vacation leave earned prior to the effective date of termination. Section 2. Executive Leave A. GROUP 1 Employees designated in this group shall be entitled to sixty -four (64) hours executive leave each fiscal year. Executive leave hours will be prorated based on a new employee's start date. If not taken during the fiscal year, any remaining executive leave will be exchanged for compensation in the last full pay period of the fiscal year at the then current rate of pay. Executive leave may not be carried over into the next fiscal year. Employees who terminate employment shall be paid in a lump sum for the value of unused executive leave. 0 B. GROUPS 2A and 2B Employees designated in these groups shall be entitled to thirty-two (32) hours executive leave each fiscal year. Executive leave hours will be prorated based on a new employee's start date. If not taken during the fiscal year, any remaining executive leave will be exchanged for compensation in the last full pay period of the fiscal year at the then current rate of pay. Executive leave may not be carried over into the next fiscal year. Employees who terminate employment shall be paid in a lump sum for the value of unused executive leave. C. Executive leave shall be granted upon hire or promotion on a prorated basis, based upon hire or promotion date. Section 3. Sick Leave A. Sick Leave Use Sick leave shall be allowed for the following qualifying reasons: For the employee's own illness or injury. For the employee's own diagnosis, care, or treatment of an existing health condition; or preventative care, including medical and dental appointments. For the diagnosis, care, or treatment of an existing health condition or preventative care for an employee's family member, including: parent, parent -in -law, child, spouse, domestic partner, grandparent, grandchild, or sibling. o In accordance with California Kin Care Law, regular full -time employees may use available Family Sick Leave (FSL) to care for a family member. If FSL is exhausted, employees must use other available accrued leave (e.g., vacation). To obtain relief or services related to being the victim of domestic violence, sexual assault, or stalking, including the following, with appropriate certification of the need for such services: A temporary restraining order or restraining order. Other injunctive relief to help ensure the health, safety or welfare of themselves or their children. To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking. To obtain services from a domestic violence shelter, program, or rape crisis center as the result of an act of domestic violence, sexual assault, or stalking. To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking. To participate in safety planning and other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation. If an employee's sick leave balance is exhausted, another paid leave (e.g. vacation, comp. time) will be used. Employees must use available sick leave for the first thirty days of a long -term personal illness, injury or disability. B. Sick Leave Accrual All probationary and regular employees within the unit who are employed in regular full - time positions shall accrue sick leave at a rate of 3.69 hours per pay period. Employees will not accrue sick leave while on leave- without -pay status. Accumulation of sick leave shall be unlimited. C. Notification In order to receive compensation while absent on sick leave, the employee shall notify his /her immediate supervisor or the department Director in the manner established by the department prior to or within two hours after the time set for the beginning of duties. Absent extenuating circumstances, failure to fulfill notification requirements will cause such time off to be considered leave of absence without pay. Certification by the employee's physician may be required in order to receive compensation for sick leave over three (3) working days at one time if an abuse of sick leave is suspected or if an unusual pattern of use has been documented and the employee has been counseled. This requirement is at the discretion of the department Director. D. Family Sick Leave An employee may use accrued sick leave up to forty -eight (48) hours in each fiscal year to care for a parent, parent -in -law, child, spouse, domestic partner, grandparent, grandchild, or sibling. Employee must notify his /her supervisor in advance, if possible, when such leave is being taken and so note in the comments section of his /her time card, as well as on a Leave Request, if done in advance. An employee cannot use personal sick leave in place of Family Sick Leave and must use other available accrued leave when Family Sick Leave is exhausted. E. Annual Conversion of Sick Leave In the last full pay period of the fiscal year, an employee must convert sick leave to cash under the following conditions: 1. After conversion, employee must have a minimum balance of 168 hours of sick leave. 2. Employee has used 32 hours or less of sick leave in the immediately preceding 12 months. 3. Employee must convert 50% of the annual sick leave accrual, less sick leave used in the immediately preceding 12 months, up to a maximum of 40 hours. Sick leave use includes use of family sick leave. Example: employee used 16 hours in preceding 12 months 96 hours of annual accrual x 50% = 48 hours 48 hours - 16 used = 32 hours converted to cash F. Retirement Health Savings Plan (RHSP) 1. Employees in Group 1 that satisfy the provisions contained in Article 2, Section 3.E.(1 -3) of the Management /Confidential Group Salary and Benefit Plan must contribute 100% of their annual sick leave conversion to a Retirement Health Savings Plan account as a cash deposit. 2. Employees in Group 2-4 that satisfy the provisions contained in Article 2, Section 3.E.(1 -3) of the Management /Confidential Group Salary and Benefit Plan must contribute 50% of their annual sick leave conversion to a Retirement Health Savings Plan account as a cash deposit (e.g., an employee that is eligible to convert 40 hours of sick leave would receive the equivalent of 20 hours in cash and the equivalent of 20 hours would be contributed to their RHSP account as a cash deposit). 3. Any fees related to the RHSP will be paid by employees. 4. The annual RHSP contribution shall take place in the last full pay period of the Fiscal Year. 5. In the event of an employee's death, if the employee is a participant in the RHSP and does not have a surviving spouse or surviving IRS qualified dependent/s, the employee's Retirement Health Savings Plan account balance shall remain in the trust i.e., RHSP) to be allocated among all RHSP Management/Confidential employee participants. The allocation will be on a pro -rata share, based upon RHSP Management/Confidential employee participant account balances. G. Payout of Sick Leave After five (5) years of continuous employment with the City, and upon termination or retirement, an employee will receive compensation for unused sick leave. Upon retirement, employee will receive 50% of all sick leave hours accrued in the form of a deposit to their Retirement Health Savings Plan account. Effective the pay period that includes May 1, 2015, payout of sick leave shall be provided on a graduated scale for employees who retire, based on years of service as follows: a. An employee who retires after 5 -9 years of service will receive 50% cash -out, with a cap of $6,000. b. An employee who retires after 10 -14 years of service will receive 50% cash - out, with a cap of $8,000. c. An employee who retires after 15, or more, years of service will receive 50% cash -out with a cap of $10,000. d. Each cap will increase by the same percentage as across - the -board wage increases, beginning with the July 1, 2016 wage increase (e.g., $6,000 cap will increase by 2.5% to $6,150 effective July 1, 2016). Upon leaving City employment for reasons other than retirement, employee will receive 50% of all sick leave hours accrued. Calculations will be at the employee's rate of pay at the time of termination and will not exceed $2,000. 3. Upon the death of an employee, compensation for unused sick leave shall be at the same rate as the retirement benefit. Payment shall be made to the employee's designated beneficiary. Section 4. Holidays A. Designated Holidays The holidays for employees in the management/confidential group are as follows: New Year's Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day January 1 3rd Monday - January 3rd Monday - February Last Monday - May July 4 1st Monday - September November 11 4th Thursday - November 4th Friday - November December 25 Holidays falling on Sunday shall be observed on the following Monday. Holidays falling on Saturday shall be observed on the preceding Friday and shall be considered as the legal holiday. To be eligible for holiday pay, an employee must be in a paid status in the pay period that includes the holiday. B. Holiday Pay The City will pay nine hours for each Designated Holiday for those employees whose regular work schedule is a nine hour workday. For holidays falling on a Friday, Holiday pay shall be eight hours. Holiday pay will remain at eight hours for any employee whose regular work schedule is an eight hour workday. Employees in this unit shall be paid holiday pay, whether on or off duty on a Designated Holiday. If a Group 3 or 4 employee works on a holiday, he /she will also be compensated for the hours worked at the rate of two (2) times the employee's regular rate of pay. If a Designated Holiday falls on an employee's regular day off, or on a day that City Hall is closed (i.e. dark Friday), the employee will receive eight (8) flex day accrual hours, which can be used in one hour increments following the pay period in which it is received. Effective the pay period that includes July 1, 2015, employees in the unit will be allowed to accumulate flex day accrual hours up to a cap of 24 hours. Once the cap is reached, an employee will not receive additional flex day accrual hours until such time as the employee uses flex day accrual hours below the cap. 10 C. Holiday Closures 1. City Hall and other non - essential City facilities will be closed on: a) Thursday, December 24, 2015, 7:30 a.m. to 5:30 p.m.; and b) Thursday, December 31, 2015, 7:30 a.m. to 5:30 p.m.; and c) Tuesday, December 27, 2016, 7:30 a.m. to 5:30 p.m.; and d) Wednesday, December 28, 2016, 7:30 a.m. to 5:30 p.m.; and e) Thursday, December 29, 2016, 7:30 a.m. to 5:30 p.m.; 2. The New Year's Day holiday that would typically be observed on Monday, January 2, 2017 will be moved to Tuesday, December 27, 2016. Monday, January 2, 2017 will be a normal work day and all facilities will be open. 3. Actual times may vary, depending upon specific work schedules and normal facility hours. 4. These closures will not be observed as paid holidays. 5. Employees' available leave hours (e.g., vacation, compensatory time, or benefit day) will be charged for this time. 6. If an employee has been employed with the City for less than six months, they will be given access to, and required to use, their benefit day hours and/or accrued vacation hours. 7. If an employee has insufficient vacation, compensatory time, or benefit day hours, the time will automatically be charged as leave without pay after they have exhausted all available paid leave (other than sick leave). 8. If an employee is called to work during any of the closure times, and during what would have been their regularly scheduled work hours, they will not be charged leave for the hours worked. Example: If an employee works for four hours during what would have been their regularly scheduled work hours, they will be paid for the hours worked and will not be charged leave hours for that time. However, they will be charged leave for the remaining hours. 9. At the discretion of the department director, some employees may have to work due to operational demands. Section 5. Bereavement Leave In the event of a death in the family, regular and probationary employees shall be eligible for up to forty (40) hours of paid bereavement leave to attend the funeral or make funeral arrangements, subject to the following provisions: A. The relatives designated shall include child, parent, sibling, grandparent, grandchild, and 11 domestic partner. It also includes "in -law" relatives and those relationships generally called "step ". Bereavement leave is not compensable when the employee is on leave of absence, bona fide layoff, or for days falling outside the employee's regular work period. C. All requests for paid bereavement leave shall be made in writing as soon as practical but in no event later than the first day back to work, and shall be subject to approval of the Human Resources Manager or designee. Section 6. Benefit Dav Hours In addition to provisions for vacation, sick leave, and holidays set forth elsewhere herein, each employee who has completed an initial probationary period of no less than six months shall have available 16 benefit day hours each fiscal year. Eight of the 16 benefit day hours is for Cesar Chavez Day which will remain as an unscheduled benefit day until 10 other cities in San Diego County close their offices in observance of this day, at which time it shall be observed as a fixed holiday on the day so designated. If Cesar Chavez Day becomes a fixed holiday as described herein, the number of benefit day hours shall be reduced to eight (8). The times at which an employee may use benefit day hours shall be determined by the department Director with due regard for the wishes of the employee and particular regard for the needs of the City. Benefit day hours may be taken in one -hour increments. If not taken by the end of the last full pay period of the fiscal year, any remaining benefit day hours shall be forfeited. Employees who terminate employment shall be paid in a lump sum for the value of any remaining benefit day hours. Section 7. Jury Duty Employees shall be compensated at the regular rate of pay for serving jury duty during the employee's scheduled work hours. The duration of jury duty and hours to be compensated shall be in accordance with City policy and the Personnel Rules. Article 3. Payroll and Workweek Regular paydays are designated as every other Friday for the two -week period ending the previous Sunday. In no event will the City advance pay, including pay for earned vacation, without the prior written approval of the City Manager. A. Groups 1, 2A and 2B — Management It is recognized that employees in these groups may be required to work hours in excess of 40 hours in a workweek, and it is agreed that employees in this group shall not be remunerated for such work beyond the current monthly salary rate of the individual employee, but for the purposes of computing benefits, the regular number of working or duty hours in a workweek from Monday through Sunday is established at 40 hours for all full -time employees in the group. Chief Officers within the Safety Services Department (Director of Safety Services and Fire Division Chief) will be provided supplemental compensation at a straight time hourly rate, for hours worked outside of scheduled work hours when assigned to a mutual aid incident and reimbursement funding is received by the City. Payment will occur upon City's receipt of reimbursement funds and at no time shall payment exceed the reimbursement amount received by the City. The City Manager must approve the 12 supplemental compensation. B. Groups 3 and 4 - Professional /Confidential 1. Work Hours The City agrees to make available a flexible work schedule when possible. Work schedule and operating conditions will be determined by the City to insure all necessary service can be maintained without adverse impacts. Continuation of the program will be at the discretion of the City Manager. It is understood that it may not be possible to extend this schedule to all operations of the City due to service needs. The 9/80 work schedule shall be defined as working eight, nine -hour, days and one, eight -hour day in a two week pay period, plus an unpaid lunch break during each work shift, totaling forty hours in each FLSA workweek. For all employees working a 9/80 work schedule, their designated FLSA workweek (40 hours in length) shall begin exactly four hours after the start time of the employee's eight hour shift on the day of the week that corresponds with the employee's alternating regular day off. 2. Overtime No employee may work overtime without advance approval. Employees who do not secure prior approval may be subject to disciplinary action pursuant to established guidelines for discipline. For full -time employees, unscheduled hours worked on Sundays and holidays shall be paid at double the employee's rate of pay. Employees in this group shall be paid one and one -half (1 -1/2) times their hourly rate of pay for all hours worked in excess of an 8 -hour day (or 9 -hour day, depending on the employee's work schedule) or a 40 -hour workweek. A minimum of two hours pay at the rate of time and one -half shall be paid for each incident of callback overtime. Callback overtime is unscheduled overtime as opposed to scheduled overtime or an early start or extended shift. If an employee responds to a trouble call via telephone outside normal work hours, the employee will be compensated for telephone time in 15- minute increments on an overtime basis. 3. Compensatory Time Off (CTO) The times at which an employee may take compensatory time off shall be determined by the department Director with due regard for the wishes of the employee and particular regard for the needs of the City. Compensatory time off, in lieu of overtime, shall be taken as one and one -half (1 -1/2) hours off for each overtime hour worked. The maximum accumulation of compensatory time off shall be 80 hours. In the event an employee accrues 80 hours of compensatory time in any one fiscal year, the employee will be ineligible to work overtime for compensatory time off for the remainder of that fiscal year and will only be eligible for cash 13 compensation for overtime worked unless the employee uses CTO and brings the accrued balance below 80 hours. b. Once an employee uses CTO and brings the balance below 80 hours, the employee may again accrue CTO hours up to 80 hours. C. The department Director or designee shall determine the times at which an employee may take CTO with due regard for the wishes of the employee and particular regard for the needs of the City. An employee's CTO balance will be cashed out to zero in the final pay period of the fiscal year at the employee's then rate of pay. Said cash payment may only occur as part of the final pay period of the fiscal year in which the compensatory time off was accrued. Article 4. Benefits Section 1. Hospital and Medical The first day of the month following date of hire, an employee, upon proper application and acceptance, shall be covered by health and dental benefits with coverage as set forth from time to time in the agreement between the City and the carrier(s). Health benefit premiums for each employee shall be paid in full by the City. Dependents of each employee may also be covered by health benefit coverage, upon proper application and acceptance. The cost of dependent coverage of the medical and dental plan will be shared equally between the City and the employee. The employee's share of the cost will be made through payroll deduction. The parties to this Agreement agree to work with the City Insurance Committee to keep the overall cost future premium increases to a minimum. Section 2. Eve Care The City will provide an eye care plan. The City shall pay 100% of the premium for the employee and dependent coverage. Section 3. Life Insurance The first day of the month following date of hire, an employee, upon proper application and acceptance by the insurance carrier, shall be covered under a group life insurance plan for the amount of one and one -half (1 -1/2) times base annual salary ($15,000 minimum). The City pays 100% of the premium. Section 4. Deferred Compensation - All Groups In addition to the City's existing 457 deferred compensation plan, the City will provide a 401(a) Deferred Compensation Plan. The City shall contribute to the 401(a) Deferred Compensation Plan on behalf of the employees as follows: $129.31 per Group 1 employee per full biweekly pay period, $106.23 per Group 2A employee per full biweekly pay period, $87.77 per Group 2B employee per full biweekly pay period, and $69.21 per Group 3 and Group 4 employees per full biweekly pay period.. Only full -time employees shall be eligible for this benefit and shall have the following vesting rights to the contributions made to the plan. Employees hired on or before June 30, 2004, shall be fully vested after the completion of one year of City service. Employees 14 hired on or after July 1, 2004, shall be vested as follows: From date of hire until second anniversary — 0% of accumulated value Second anniversary of employment — 20% of the accumulated value Third anniversary of employment —40% of the accumulated value Fourth anniversary of employment — 60% of the accumulated value Fifth anniversary of employment — 80% of the accumulated value Sixth anniversary of employment —100% of the accumulated value A. Group 1 - Management All employees in this group are required to contribute $200 per biweekly pay period to the 401(a) Deferred Compensation Plan. Employees may make other contributions to the plan as provided for in the plan and in accordance with applicable federal and state laws. Section 5 Employee Benefits Review The City will establish a joint labor /management committee to evaluate employee benefits, including the proposed elimination of the Anthem Blue Cross Point of Service (POS) Plan. The committee will hold at least two meetings prior to the start of the 2016 and 2017 Plan Years as follows: 1. The 2016 Plan Year review will review and confirm the healthcare conditions facing the City (e.g., rising costs, ACA provisions); review Plan alternatives available to reduce both City and employee healthcare costs; and identify near -term Plan modifications for possible implementation with the 2016 Plan Year. It is not anticipated the POS Plan would be eliminated at this time. a. August 2015 — Review Strategic Planning Report (State of the Market, ACA, Benchmarking) b. September 2015 — Review Marketing Analysis (Renewal Rates, Plan Alternatives) 2. The 2017 Plan Year review will review and re- confirm the healthcare conditions facing the City; review Plan alternatives available to further reduce both City and employee healthcare costs; and identify a long -term Plan alternative for implementation with the 2017 Plan Year. Although it is anticipated the POS Plan would be eliminated at this time, changes in market conditions and /or ACA requirements may allow for possible continuation. a. August 2016 — Review Strategic Planning Report b. September 2016 — Review Marketing Analysis 15 Any regular City employee who has completed his /her initial probationary period is eligible to apply for a loan under the City's Computer Program. Participants must agree to comply with the requirements and provisions of the Program. Participants will be eligible to make an initial computer purchase or upgrade their existing computer system through this program. Maximum loan amounts are established based upon the type of computer system being purchased, per the City's policy. Section 7. Long Term Disability Income Insurance This employee benefit provides for the payment of a monthly income benefit payment for those covered employees totally disabled by injury or sickness as determined by the insurer. A. L Group 1 - Management The benefit provided under this coverage will be 6623 percent of the employee's base salary to a maximum of $10,900 per month. The insurance carrier is responsible for acceptance of the claim and calculating the exact benefit amount, based on each individual's income status. The insurance carrier for this coverage requires a 30 -day waiting period from the first day of the disability to the beginning of the monthly benefit payment period. Monthly benefits are paid, with certain exceptions, as explained in the Group certificate of insurance, until the recovery from the injury or sickness or until the employee reaches age 65. The City pays 100% of the premium. An employee may first use sick leave then other accrued leave to supplement coverage under this benefit up to, but not in excess of, 100% of his /her regular rate of pay. Groups 2- 4 The benefit provided under this coverage will be 66y3 percent of the employee's base salary to a maximum of $9,500 per month. The insurance carrier is responsible for acceptance of the claim and calculating the exact benefit amount, based on each individual's income status. The insurance carrier for this coverage requires a 30 -day waiting period from the first day of the disability to the beginning of the monthly benefit payment period. Monthly benefits are paid, with certain exceptions, as explained in the Group certfcate of insurance, until the recovery from the injury or sickness or until the employee reaches age 65. The City pays 100% of the premium. An employee may first use sick leave then other accrued leave to supplement coverage 16 r under this benefit up to, but not in excess of, 100% of his/her regular rate of pay Section 8. Workers' Compensation Insurance All employees in the group (regular, temporary and part-time) are covered by Workers' Compensation Insurance from the date of employment. Premiums will be paid by the City. Any employee shall, upon receiving a work - sustained injury, report the incident immediately to his department Director. The filing of the accident report as required by the Workers' Compensation Insurance Fund shall be the responsibility of the employee's supervisor. An employee of the City who is or may be entitled to temporary disability indemnity under Division 4 or Division 4.5 of the Labor Code shall receive any accrued sick leave or vacation for such absence. The City shall decrease the charge of sick leave or vacation in the amount of temporary disability payment received so that the employee shall not receive payment in excess of full salary or wage. If the employee does not wish to use accrued sick leave or vacation, the employee shall notify the City within five (5) days after the injury is reported to the City. After the five (5) days, the employee's accrued sick leave or vacation shall be used until the date the employee notifies the City in writing that he /she no longer wishes to use the accrued leaves. When computing sick leave or vacation under this policy, the employee shall be given credit for any holidays that occur during the period of absence hereunder. The employee is, nevertheless, entitled to medical, surgical, and hospital treatment as provided in the Labor Code. When the employee's accrued sick leave or vacation, or both, are exhausted, the employee will still receive disability indemnity for which he /she is otherwise entitled. If an employee is receiving Workers' Compensation and not actively on the payroll, the City shall collect from the employee the employee's costs of insurance for dependent coverage, and the City shall pay the employer's costs of insurance. During such leave, no contributions shall be made to the retirement plan. Section 9. Unemployment Insurance /State Disability Insurance The City does not participate in the State Disability Insurance program. Section 10. Flexible Spending Benefits Program The City will maintain a Flexible Spending Benefits Program in accordance with applicable IRS statutes and the Affordable Health Care for America Act (AHCAA) in order to provide employees the greatest possible tax benefit. 17 Section 11. Part-Time Employee Benefits Employees working less than full time will have their benefits prorated to the ratio of the hours they work to 2,080 hours. Article 5. Special Pay Section 1. Tuition Reimbursement A. The actual cost paid for tuition, books and required technical supplies and equipment, to a maximum of $1,500 per fiscal year per employee, will be refunded to all regular City employees for professional and technical courses in accredited educational institutions provided that: 1. The employee has received at least a satisfactory rating on his /her last performance report, 2. The subject matter of the course relates directly to and contributes toward the performance of the employee's position with the City, 3. The employee submits a Request for Tuition Reimbursement form to the department Director and Human Resources within three (3) weeks after the beginning of the course. The form shall be accompanied by a description of the course provided by the education institution (e.g., course catalog description), which describes the course content, and 4. Before receiving reimbursement the employee shall furnish proof of payment and evidence that he /she has completed the course with a. A grade of "C" or better in undergraduate work or a grade of "B" in graduate work. A grade of "C" or better will be accepted for graduate work from institutions where an average grade of "C" is acceptable for graduation, or b. A "pass" or "credit" for those classes where a pass /fail or credit/no credit grading system is used. B. Regular City employees may also request reimbursement for actual cost paid for tuition, books and required technical supplies and equipment, to a maximum of $1,500 per fiscal year per employee, for courses that result in the issuance of Continuing Education Units CEUs) or Continuing Education contact hours required for certification renewal, so long as 1. The employee has received at least a satisfactory rating on his /her last performance report, 2. The subject matter of the course relates directly to and contributes toward the performance of the employee's position with the City, 3. The employee submits the Request for Tuition Reimbursement to the department Director and Human Resources prior to the course. The employee shall include with the Request a description of the course from the provider offering the course, demonstrating that the course is acceptable for continuing education contact hours. Failure to obtain preapproval risks that the course is deemed ineligible and the employee cannot be reimbursed, and 4. Prior to receiving reimbursement, the employee shall furnish proof of payment, evidence that he /she has completed the course and verification or proof that all eligible CEUs or contact hours were earned and awarded for the course. I. k Section 2. Uniforms and Eauioment The City will provide and maintain all uniforms that are required by the City for management employees in Public Works, Safety Services, and Community Services. Employees of Public Works, Development Services, and Community Services, who are required to wear safety shoes, will be reimbursed a maximum of $200 per fiscal year. Uniform allowance as defined by the California Public Employees Retirement System CalPERS) is a form of "compensation" for "classic members' of CalPERS for CalPERS purposes only. As such, any uniform allowance or the value of uniforms provided by the City will be reported to CalPERS as part of the employee's annual gross income for purposes of computing the employee's and City's CalPERS contribution. Under the California Public Employees' Pension Reform Act (PEPRA), a uniform allowance or the value of uniforms is not considered pensionable compensation for "new members" of CalPERS. Section 3. Actina Pay A. Groups 1 -3 - Management 1. Out -of -Class Assignment An employee acting for an uninterrupted period of eighty (80) or more consecutive working hours in a higher classification or rank will be compensated at the rate of pay for that higher classification or rank that is at least five percent (5 %) above the employee's current rate of pay. Payment shall be retroactive to the first day of such services. This provision does not apply to bona fide education, training and development, job enlargement, or job enrichment. 2. Partial Responsibility An employee specifically assigned to perform a portion of the duties of the higher level position for 80 or more consecutive working hours, shall receive additional compensation of five percent above the employee's current rate of pay. Payment shall be retroactive to the first day of such services. The assignment shall be specifically assigned in writing via the Out -of -Class Assignment form and signed by the department Director or his /her designee. Group 4 - Confidential 1. Out -of -Class Assignment An out -of -class assignment is a temporary assignment of a regular employee to an authorized classification at a higher level of pay that requires the employee to perform the full range of duties of the higher classification. Employees who perform the full range of duties of a higher level position for eighty (80) or more consecutive working hours, in which there is no appointed incumbent or in which the incumbent is on paid or unpaid leave, shall be compensated at the rate of pay for that higher classification or rank that is at least five percent (5 %) above the employee's current rate of pay. Payment shall be retroactive to the first day of such services. The full range of duties of the higher -level position shall be specifically assigned in writing via the Out -of -Class Assignment form and signed by the department Director or his /her designee. Once the initial out -of -class terminates, the eighty (80) hour consecutive work hour 19 f elimination period will be waived for any additional out -of -class assignments that occur within the calendar year, provided that the employee is working in the same out -of -class classification regardless of work area assignment. Service in an out -of -class assignment shall not alter an employee's performance evaluation date. 2. Partial Responsibility An employee specifically assigned to perform a portion of the duties of the higher level position for 80 or more consecutive working hours, shall receive additional compensation of five percent above the employee's current rate of pay. The assignment shall be specifically assigned in writing via the Out -of -Class Assignment form and signed by the department Director or his /her designee. C. Consecutive Hours Worked For purposes of determining the period of eighty (80) consecutive work hours, paid holidays, vacation, and sick leave will apply toward hours worked. D. Nature of Assignment At the conclusion of such an assignment, the employee shall be restored to his /her former classification regardless of the time involved. This provision shall not apply to bona fide education, training and development, job enlargement or enrichment. The employee will be noted in advance as to the nature of this assignment. Section 4. Physical Examinations Physical examinations required by the City as a condition of employment or continued employment shall be paid for by the City. Section 5. Travel Expenses A. Group 1 -2A - Management An automobile allowance in lieu of mileage shall be allocated in the amount of $300 and 160 per month for personnel in Groups 1 and 2A, respectively. The automobile allowance is not applicable to employees who have been assigned a City vehicle. The City Manager may grant a $160 per month automobile allowance to employees outside Groups 1 and 2A when, in his /her best judgment, it serves the City. The City Manager may at his /her discretion increase the $160 per month automobile allowance by a maximum of $100 based upon excessive driving requirements for an individual position. B. Groups 213, 3 and 4 - Management/Confidential Prior approval of the department Director and final approval of the City Manager shall be required prior to reimbursement for travel expenses. 2. Employees using their own vehicle on approved City business travel will be reimbursed at the approved IRS reimbursement rate. 3. Employees on approved official business away from the City will be reimbursed for 20 F actual and necessary expenses incurred, in accordance with the City's Travel and Meeting Reimbursement policy. 4. In order to be reimbursed, employees must include original receipts for all expenses with the reimbursement claim form. 5. Advances of travel expenses may be allowed at the sole discretion of the City Manager. Article 6. Service Section 1. Transfers An employee transferring from this group to a recognized employee unit shall maintain all pay and benefits accrued in this group, and upon the effective date of transfer thereafter are governed by the provisions of any policy and /or agreement in effect for such other recognized employee unit. Section 2. Layoff and Reemployment Groups 1 — 3 — Management and Group 4 — Confidential The City may abolish any position or employment and the employee may be laid off without taking disciplinary action and without the right of appeal. Whenever it becomes necessary to reduce the number of employees in any classification, the order of the layoff shall be as follows: In order of seniority, the employee with the shortest service in total City service in the affected classification shall be laid off first. A. In the event of two (2) or more employees having identical total City service seniority, the order of the layoff will be determined by length of continuous service in the affected classification. B. Whenever two (2) or more employees have identical service in the affected classification, the order of the layoff shall be determined by the City Manager on the basis of performance. C. Employees to be laid off in a particular classification have the right to demote to a lower classification to a position previously held with the City for which the employee meets the minimum qualifications, is capable of performing the essential functions of the position, and has City seniority over other employees in the lower classification. This will also apply to employees to be laid off in a particular classification who have demoted from a higher classification due to non - disciplinary reasons. Such employees shall be placed on the seniority list for the higher classification provided they still meet the minimum qualifications, are capable of performing the essential functions of the position, and have City seniority over other employees in the higher classification. D. The name of each laid -off employee shall be placed on a reemployment list for a period of 12 months in reverse order of the layoff. Employees who are laid off who have received two out of three consecutive annual performance evaluations which are rated below standards or needs improvement will be placed at the bottom of the reemployment list in 21 reverse order of the layoff. Section 3. Resignations An employee in this group wishing to resign in good standing shall file with their immediate supervisor a written resignation stating the effective date and reasons for resignation at least fourteen (14) calendar days prior to the effective date of resignation. The City will pay an employee for all hours worked on the next regular payday after resignation, and thereafter will pay all accumulated reimbursable benefits as early as feasible. An employee who has resigned with a good record will be given preferential consideration for rehire if a position is available and he /she participates in the recruitment process for the position. Decision to rehire is at the discretion of the City, and the employee will not reestablish rights and /or benefits lost at the time of resignation. An employee with five (5) years' service, who resigns in good standing and is reemployed within a two (2) year period to the same or equal position previously held, shall be eligible to earn and use vacation, sick leave, and other benefits to which they are otherwise entitled as if there had been no break in service. Article 7. Retirement and Social Security Section 1. CaIPERS The City will provide retirement benefits through the California Public Employees' Retirement System (CalPERS). The City does not participate in the Social Security System, except as required by law. The use of the terms "classic member" and "new member" shall be as defined in the California Public Employees' Pension Reform Act of 2013 (PEPRA) and those rules and regulations adopted by CalPERS to implement PEPRA. Classic members" are those members who entered into membership with a retirement system on or before December 31, 2012 who do not meet the definition of "new member" in Government Code section 7522.04(f). A "new member" is defined in Government Code section 7522.04(f) as any of the following: 1. An individual who becomes a member of any public retirement system for the first time on or after January 1, 2013, and who was not a member of any other public retirement system prior to that date; or 2. An individual who becomes a member of a public retirement system for the first time on or after January 1, 2013, and who was a member of another public retirement system prior to that date, but who was not subject to reciprocity under subdivision (c) of Govt. Code 7522.02; or 3. An individual who was an active member in a retirement system and who, after a break in service of more than six months, returned to active membership in that system with a new employer. PA For employees hired on or before December 31, 2011 and considered "classic members" as defined above: Effective pay period beginning July 11, 2011, each employee in this unit will contribute seven percent (7 %) of his /her PERSable salary (excluding overtime) on a pre -tax basis towards the member contribution" portion of their CalPERS retirement account. The City will provide under its contract with CAPERS the following provisions: 1. The Indexed Level 1959 Survivors Benefits; 2. The retirement benefit of 2 % -at -55 formula; and 3. The One Year Final Compensation option. For employees hired after December 31, 2011 and considered "classic members" as defined above: The City amended its contract with CalPERS to create a second -tier retirement plan effective January 1, 2012. The second -tier will apply to those employees hired after December 31, 2011 and considered "classic members." The second -tier provides: 1. The retirement benefit of 2 % -at -60 formula, 2. The Indexed Level 1959 Survivors Benefits; and 3. Average of three highest years' compensation. An employee in the second -tier will contribute seven percent (7 %) of his /her PERSable salary excluding overtime) on a pretax basis towards the "member contribution" portion of their CaIPERS retirement account. For employees hired on or after January 1, 2013 and considered "new members" as defined above: City will provide under its contract with CaIPERS: The retirement benefit of 2 % -at -62 formula, Average of three highest years' compensation, and No employer -paid member contribution (EPMC). Employees considered "new members" shall pay 50% of the "normal cost" (as determined by CalPERS annually) on a pre -tax basis. Section 2. PARS A. Upon retirement from the City concurrent with retirement under CaIPERS, the City also provides a supplemental retirement benefit through the Public Agency Retirement System PARS) to non - safety members of Groups 1 -4 hired on or before January 9, 2012. When combined with CalPERS, this is equivalent to the 2.7 % -at -55 formula retirement benefit. For employees hired on or after March 28, 2008, this benefit shall only apply to years of service with the City of Poway. For employees hired before March 28, 2008, this benefit applies to Poway and all prior CalPERS or reciprocal service with previous public agencies. 23 B. The PARS supplemental benefit applies as follows: 1. Group 1 - Tier VI: a. was an employee of the City before March 28, 2008; and b. is at least 55 years of age; and c. has completed at least 5 years of continuous service with the City. 2. Group 1 - Tier VII: a. was an employee of the City on or after March 28, 2008 but hired on or before January 9, 2012; and b. is at least 55 years of age; and c. has completed at least 5 years of continuous service with the City. 3. Groups 2 -3 -Tier III: a. was an employee of the City on or after March 28, 2008 but hired on or before January 9, 2012; and b. is at least 55 years of age; and c. has completed at least 10 years of continuous service with the City. 4. Group 2-4 -Tier II: a. was an employee of the City before March 28, 2008; and b. is at least 55 years of age; and c. has completed at least 10 years of continuous service with the City. 5. Group 4 - Tier IV: a. was an employee of the City on or after March 28, 2008 but hired on or before January 9, 2012; and b. is at least 55 years of age; and c. has completed at least 20 years of continuous service with the City. C. The PARS supplemental benefit is not available to employees hired after January 9, 2012. Article 8. Personnel Rules All other employee rights, privileges, and benefits are included in the Personnel Rules of the City of Poway. Article 9. Classification and Compensation Study 1. The City will include funding for a comprehensive classification & compensation study in the FY 2015 - 16/2016 -17 budget; 2. The City will issue an RFP in FY 2015 -16, to include professional services that will identify and recommend the appropriate: a. Benchmark classification(s); b. Internal alignments for remaining classifications; and c. Comparator agencies, reflecting those cities and special districts that perform similar functions. 3. The City will seek Council support to consider special districts, in some circumstances, when the City initiates the Classification and Compensation study. 24 I1 4. The City will endeavor to complete the classification and compensation study by Winter 2016/2017, in time for the next biennium budget cycle (FY 2017 - 18/2018 -19). Article 10 — Bilinnual Pay The City agrees to study bilingual pay (organization need, eligibility, compensation, certification, etc.) and develop a recommendation by June 2016. 25 Salary Schedule for Classifications within the Management/Confidential Group Effective beginning the first pay period that includes July 1, 2015 Title Range Number Approx. Monthly Salary Range Step A Step B Step C Step D Step E City Manager 19.210 3mvp 1 Eamo AI aM Assistant City Manager 92.5 12.921 - 15 7C5 74.5429 10,732 - 13,044 61.9126 78.2701 82.1834 86.2927_ 90.6041 71.6716 75.2552DiredorofAdministrativeServices87.5 65.0082 68.2586 Director of Community Services 87.5 10,732 - 13,044 61.9126 65.0082 68.2586 71.6716 75.2552 Director of Development Services 88.5 11,705 - 14,225 67.5260 70.9023 74.4475 78.1696 82.0684 Director of Public Works 88.5 11,705 - 14,225 67.5260 70.9023 74.4475 78.1698 82.0684 Director of Safety Services 88.5 11,705 - 14,225 67.5260 70.9023 74.4475 78.1698 82.0684 Group 2A Exempt At -Will Assist. Director of Administrative Services 82.5 9,183 - 11,163 52.9785 55.6273 58.4088 61.3292 64.4038 Assistant Director of Public Works 82.5 9,183 - 11,163 52.9785 55.6273 58.4088 61.3292 64.4038 City Clerk 78.5 8,112- 9,861 46.7992 49.1392 51.5963 54.1760 56.8881 City Engineer 84.5 9,645 - 11,724 55.6419 58.4240 61.3452 64.4124 67.6391 City Planner 82.5 9,183- 11,163 52.9785 55.6273 58.4088 61.3292 64.4038 Deputy Director of Public Works 81.5 8,403 - 10,214 48.4808 50 .9074 53.4506 56.1214 58.9291 Community Services Manager 78.5 8,112- 9,861 46.7992 49.1392 51.5963 54.1760 56.8881 Economic Development Manager 78.5 8,112 - 9,861 46.79921 49.1392 51.5963 54.17601 56.8881 Finance Manager 78.5 8,112- 9,861 46.7992 49.1392 51.5963 54.1760 1 56.8881 Fire Division Chief (not at-will) 82.5 9,183- 11,163 52.9785 55.6273 58.4088 61.3292 64.4038 Human Resources Manager 1 78.5 8,112 - 9,861 46.7992 49.1392 51.5963 54.1760 56.8881 Information Technology Manager 78.5 8,112 - 9,861 46.7992 49.1392 51.5963 54.1760 56.8881 Principal Civil Engineer 84 8,938 - 10,864 51. 5641 54 .1408 56.8491 59.6927 62.6749 Public Works Operations Manager 78.5 8,112 - 9,861 46.7992 49.1392 51.5963 54.1760 56.8881 Public Works Utilities Mana er 78.5 8,112 - 9,861 46.7992 49.1392 51.5963 54.1760 56.8881 Group 28 Associate Civil Engineer 71.5 6,710 - 8,1561 383113 40.6469 , 42.6791 44.8132 47.0537 Associate Planner 64 5,454 - 6,630 31. 4680 33 .0405 34.6933 36.4287 38.2487 Conservation Administrator 69 6,171 - 7,501 35.6032 37.3823 39.2522 41.2157 43.2748 Information Technology Analyst 65 5,591 - 6,796 32.2547 33.8665 35.5606 37.3394 39.2049 Legislative Services Administrator 75 7,157 - 8,699 41.2887 43.3521 45.5206 47.7977 50.1855 Management Analyst 65 5,591 - 6,796 32.2547 33.8665 35.5606 37.3394 39.2049 Network Administrator 69 6,171 - 7,501 35.6032 37.3823 39.2522 41.2157 43.2748 Public Works Administrator 75 1 7,157 -8,699 41.28871 43.3521 45.5206 47.7977 1 50.1855 Senior Accountant 68 6,021 - 7, 318 36.4705 38.2948 40.2104 42.2193 Senior Civil Engineer 78.7 8,198 - 9,964 49.6594 52.1425 54.7496 57.4870 Senior Code Compliance Officer 62 5,192 - 6,310 31.4484 33.0216 34.6734 36.4057 Senior Fire Safety Inspector 66 5,731 - 6, 965 M36.4933 34 .7132 36.4496 38.2729 40.1850 Senior Mana ement Analyst 69 6,171 - 7,501 37.3823 392522 41.2157 43.2748 Senior Planner 70 8,326- 7,668 38.3169 40.2335 42.2461 44.3567 Special Projects En ineer 69 6,171 - 7,501 37.3823 39.2522 41.2157 43.2748 Senior Recreation Supervisor 62 5,192 - 6,310 29.9517 31.4484 33.0216 34.6734 36.4057 Senior_ Traffic Engineer 78.7 8,198 -9,984 47.2947 49.6594 52.1425 54.7496 57.4870 Water Treatment Plant Supervisor Water Utilit es Distribution Supervisor 72 6,646-8,078 38.3407 40.2567 42.2703 44.3849 44.3849 48.6022 1 46.60227216,646 - 8,0781 38.3407 40.2567 42.2703 1 Exhibit A -2015 1 Effective beginning the first pay period that includes July 1, 2015 Classification Title Range Number Approx. Monthly Salary Range Step A Step B I Step C I S:p D Step E Group 3 Non - Exempt Accountant 58.5 4,922 -5,984 28.3944 29.8140 31.3048 32.8700 34.5209 Assessment District Sped alist 58 4,703 - 5,717 27.1348 28.4907 29.9159 31.4124 32.9818 Assistant Engineer 65 5,591 - 6,796 32.2547 33.8665 35.5606 37.3394 39.2049 Assistant Planner 61 5,065 - 6,156 29. 2212 30 .6814 32.2162 33.8277 35.5178 Code Compliance Officer 58 4,703 - 5,717 27.1348 28.4907 29.9159 31.41241 32.9818 Construction Maintenance Supervisor 62 5,192 - 6,310 29.9517 31.4484 33.0216 34.6734 1 36.4057 Customer Services Supervisor 56 4,477 - 5,441 25.8273 27.1179 28.4743 29.8987 31.3926 Fire Safety Inspector 58 4,703 - 5,717 27.1348 28.4907 1 29.9159 31.4124 32.9818 Fleet Maintenance Supervisor 64 5,454 -6,630 31. 4680 33 .0405 34.6933 36.4287 38.2487 Management Assistant 61 5,065 -6,156 29. 2212 30 .6814 32.2162 33.8277 35.5178 Parks Maintenance Supervisor 64 5,454 -6,630 31. 4680 33 .0405 34.6933 36.4287 382487 Public Works Supervisor 62 5,192 -6,310 29.9517 31.4484 33.0216 34.6734 36.4057 Recreation Supervisor 56 4,477 - 5,441 25.8273 27.1179 28.4743 29.8987 31.3926 Utility Systems Supervisor 70 6 ,326 - 7,688 36.4933 38.3169 40.2335 42.2461 1 44.3567 Wastewater Utilities Su ervisor 64 5,454 - 6,630 31.4680 33.0405 34.6933 36.4287 38.2487 Group 4 NWAVWW Administrative Assistant 111 45 3,412 -4,147 19.6841 20.6678 21.7015 22.7871 _ 219258 Deputy City Clerk 57 4,589 -5,577 26.4730 27.7958 29.1862 30.6462 32.1774 Executive Assistant to the City Manager 57 4,589 - 5,577 26.4730 27.7958 29.1862 30.6482 32.1774 Human Resources Technician 53 4,157 -5,053 23.9832 25.1817 26.4412 27.7639 29.1511 Human Resources Technician II 57 4, 589 - 5,577 26. 4730 27 .7958 29.1862 30.6462 32.1774 Senior Administrative Assistant 49 3,766 - 4,578 21.7275 22.8134 23.9544 25.1527 26.4095 Exhibit A -2015 Salary Schedule for Classifications within the Management/Confidential Group Effective beginning the first Range jApprox. ant City Manager 92.5 13,244- 16, x of Administrative Services 87.5 11,000 -13, arof Community Services 87.5 11,000 -13, ar of Development Services 88.5 11,997 -14, ar of Public Works 88.5 11,997 -14, xof Safety Services 88.5 11,997 -14, 2A ExwMX At -Will Director of Administrative Services 82.5 9,413-11. ant Director of Public Works 82.5 9,413-11, erk 78.5 8,315-10, 1 ineer 84.5 9,886 -12, anner 82.5 9,413-11, unity Services Manager 78.5 8,315-10, P Director of Public Works 81.5 8,613-10, mic Development Manager 78.5 8,315-10, e Manager 78.5 8,315-10, vision Chief not at -will 82.5 9,413-11. i Resources Manager 78.5 8.315-10, Mon Technology Manager 78.5 8,315-10, al Civil Engineer 84 9,161 -11, Works Operations Manager 78.5 8,315-10, Works Utilities Manager 78.5 8,315-10, 2B Eve - P ate Civil Engineer 71.5 6,878 -8, ate Planner 64 5,591 - 6, rvation Administrator 69 6,326-7, 3tion Technology Analyst 65 5,731 -6, itive Services Administrator 75 7,336-8, ementAnalyst 65 5,731-6, icAdministrator 69 6,326 -7, Works Administrator 75 7,336 -8, Accountant 68 6,171-7, Civil Engineer 78.7 8,403-10, Code Compliance Officer 62 5,321-6. Fire Safety Inspector 66 5,874 -7, Mana ementAnalyst 69 6,326 -7. Planner 70 8,484 -7, 1Pro'edsEngineer 69 8,326 -7, Recreation Supervisor 62 5,321 -6; Traffic Enaineer 78.7 1 8 403 - 10. Treatment Plant Supervisor 72 Utilities Distribution Supervisor 72 mod that includes July 1, 2016 1 Y TStepStepAIStepBIStepCStepD E 1 7 76.4065 80.2269 84.2380 88.4500 92.8692 0 63.4604 66.6334 69.9651 73.4634 77.1366 0 63.4604 66.6334 69.9651 73.4634 77.1366 1 69.2142 72.6749 76.3087 80.1240 84.1201 1 69.2142 72.6749 76.3087 80.1240 84.1201 1 69.2142 72.6749 76.3087 80.1240 84.1201 2 54.3030 57.0180 59.8690 62.8624 66.0139 2 54.3030 57.0180 59.8690 62.8624 86.0139 7 47.9692 50.3677 52.8862 55.5304 58.3103 7 57. 0329 59 .8846 62.8788 66.0227 69.3301 2 54.3030 57.0180 59.8690 62.8624 66.0139 7 47. 9692 50 .3677 52.8862 55.5304 58.3103 0 49.6928 52.1801 54.7869 57.5244 60.4023 7 47. 9692 1 50 .3677 52.8862 55.5304 58.3103 7 47.96921 50 .3677 52.88621 55.5304 58.3103 2 54. 3030 57 .0180 59.8690 82.8624 86.0139 7 47. 9692 50 .3677 52.8862 55.5304 58.3103 7 47.9692 50.3677 52.8862 55.5304 58.3103 5 52.8532 55.4943 58.2680 61.1850 64.2418 7 47. 9692 50 .3877 52.8862 555304 58.3103 7 47.9692 50.3677 52.8862 55.5304 58.3103 0 39.6791 41.6631 43.7461 45.9335 1 48.2300 8 32.2547 33.8665 35.5593 37.3394 39.2049 8 36.4933 38.3169 40.2321 42.2461 44.3567 5 33. 0611 34 .7132 36.4483 38.2729 40.1850 6 42.3209 44.4359 46.6568 48.9926 51.4401 5 33. 0611 34 .7132 36.4483 38.2729 40.1850 B 36.4933 38.3169 40.2321 422461 44.3567 8 42.3209 44.4359 46.6568 48.9926 51.4401 1 35.60321 37.3823 39.2508 41.2157 1 43.2748 4 48. 4771 50 .9009 53.4461 56.1183 58.9242 B 30.7005 32.2346 33.8459 35.5402 37.3158 0 33.8876 35.5810 37.3595 39.2297 41.1896 8 36.4933 38.3169 40.2321 42.2461 44.3567 1 37.4056 39.2748 41.2379 43.3023 45.4656 8 36.4933 38.3169 40.2321 42.2461 44.3567 B 30.7005 32.2346 33.8459 35.5402 37.3158 4 48. 4771 50 .9009 53.4461 W.11831 58.9242 0 39.2992 41.2631 43.3255 45.4945 47.7673 D 39.2992 41.2831 43.3255 45.4945 1 47.7673 Exhibit A -2015 Effective beginning the first pay period that includes July 1, 2016 Classification Title Range Number Approx. Monthly Salary Range Step A I Step 8 I Step C Step D Step E Group 3 Non - Exempt Accountant 58.5 5,045- 6,133, 29.1043 30.5594 32.0874 33.6918 35.3839 Assessment District Specialist 58 4,821 - 5,860 27.8132 29.2030 35627 321977 33.8083 Assistant Engineer 65 5,731 - 6, 965 33. 0611 34.7132 36.4483 38.2729 40.1850 Assistant Planner 61 5,192 - 6,310 29.9517 31.44134 33.0204 34.6734 36.4057 Code Compliance Officer 58 4,821 - 5,860 27.8132 29.2030 30.6627 32.1977 33.6063 Construction Maintenance Supervisor 62 5,321 - 6, 468 30.7005 32.2346 33.8459 35.5402 37.3158 Customer Services Supervisor 56 4,589 - 5,577 26.4730 27.7958 29.1652 30.6462 32.1774 Fire Safety Ins or 58 4,821 - 5,860 27. 8132 29 .2030 30.8627 32.1977 33.6063 Fleet Maintenance Supervisor 64 5,591 -6,796 32.2547 1 33.8665 35.5593 37.3394 39.2049 Management Assistant 61 5,192 -6,310 29.9517 31.4484 33.0204 34.6734 36.4057 Parks Maintenance Supervisor 64 5,591 - 6,796 32.2547 33.8665 35.5593 37.3394 39.2049 Public Works Supervisor 62 5,321 -6, 468 30.7005 32.2346 33.8459 35.5402 37.3158 Recreation Supervisor 56 4,589 -5,577 26.4730 27.7958 29.1852 30.6462 32.1774 Utility Systems Su ervisor 70 6,484 -7,881 37.4056 39.2748 41.2379 43.3023 45.4656 Wastewater Utilities Supervisor 64 5,591 - 6,796 312547 33.8665 1 35.5593 37.3394 1 39.2049 Group 4 Moog~ AdministrativeAssistantlll Deputy City Clerk 45 3,497 -4,251 20.1762 21.1845 22.2434 23.3568 24.5239 57 4,703 -5,717 27.1348 28.4907 29.9148 31.4124 32.9818 Executive Assistant to the City Manager 57 4,703 -5,717 27.1348 28.4907 29.9148 31.4124 32.9818 Human Resources Technician l 53 4,261 - 5,179 24.5828 25.8112 4,703 - 5,717 27 1348 28.4907 3,860 - 4,692 22.2707 23.3837 27.1014 28.4580 29.8799 Human Resources Technician II 57 29.9148 31.4124 32.9818 Senior Administrative Assistant 49 24.5525 25.7815 27.0697 Exhibit A -2015