Res 04-036
RESOLUTION NO. 04~O36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA
AMENDING AND EXTENDING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY AND THE CALIFORNIA TEAMSTERS LOCAL 911
REPRESENTING THE NON-SAFETY EMPLOYEES
WHEREAS, representatives of the California Teamsters Local 911 have met and
conferred in good faith with representatives of the City of Poway in accordance with
Government Code Section 3500 in an attempt to reach a memorandum of understanding
regarding wages, hours, and other terms and conditions of employment; and
WHEREAS, as a result of these meetings a recommended amendment to the
memorandum of understanding has been jointly prepared; and
WHEREAS, the City Council of the City of Poway wishes to extend the term of said
memorandum of understanding; and
WHEREAS, the City Council of the City of Poway wishes to adopt the said
memorandum of understanding.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Po way as
follows:
1. That the Memorandum of Understanding, as amended and extended to
December 31, 2007, between the City of Poway and the California
Teamsters Loca1911, which has been affixed to this resolution and marked
Exhibit A, is hereby adopted,
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a
regular meeting thereof this 18th day of May 2004.
ayor
ATTEST:
Resolution No. 04-036
Page 2
STATE OF CALIFORNIA)
)SS
COUNTY OF SAN DIEGO)
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under penalty
of perjury that the foregoing Resolution No. 04- 036 was duly adopted by the City Council
at a meeting of said City Council held on the 18th day of May 2004, and that it was so
adopted by the following vote:
AYES: GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY
Memorandum of Understanding
(Non-Safety)
Table of Contents
PART I, FULL-TIME EMPLOYEES
ARTICLE 1, GENERAL
1. Purpose .,..,.".,.,..,..".".".,.",..,.,.,..,."."...,..,".".".".,.".",..,..,.".,.,..,.,.,."..,.",1
2, Scope ,..",.".,...,..,..,.."."."...,.".,..",.".,....,.".,',."..,..,.,..,..,..",.".,.."..,..,.."..,..1
3. General Provisions..,.",.".,...".".,."".,...".".".",..,.".,."."..,.,.,..",.".".,...,..,,1-3
A. City Employer/Employee Relations Resolution ......................................,1
B. Construction .,...".,..,.,.,..,..,.."."."...,..,..",."."...,..,..",."."...,..,."".,.".",.,1
C. ~~~.,.,.,..,..,...,..,.,',.".".,',."."...,."."..."."...".,..".",.".,.,.".".",.".,2
D, Employee Rights"..,.".".",.".",."."."...,..",.".".,,...".",..,..,."...,..,.,.,.".".2
E. City Procedures ,..",.".,."...,..,..,.,.,..,..",.".".""."."...,..,..,.,.".,.."..,..,.,,2-3
1. Unit Determination...,.".",.".".",..,..,..."."."...".,..",."."...,..,.".",.".,2
2, Jurisdictional Disputes".".,.,."""..,..,.".,."..",.".".",..,.,.,.".".".,.,.",2
3. Awards ..,..",.,..,.".,.,.".",."."."...,.",..".,.."...,..",.".".".,.,."..".".".,,2
4, Time Spent for Meet & Confer and Grievances............................,..,2
5. Access to Work Location .....,...................................,.......................2
6, Use of City Facilities ,..........................,.............,....,................,........2
7. Availability of Data ,...........,......,.............,........,..,..,..,................,...2-3
8, Bulletin Board Space ....,..............,...........,.......................,....,........,,3
F. Layoffs..,.".,...".,.."..,..,.",."."...,."."..,,..,..,.,."..,.""."."...,.".",.".".,.,.".,3
ARTICLE 2, SEVERABILITY AND SAVINGS ..........................,.............................,........,.........3
ARTICLE 3. SYMPATHY ACTION...,..............,....,...........,..,..,...........,..,..,..............,.................3
ARTICLE 4, DURATION OF AGREEMENT .......,................,...................................,.................4
ARTICLE 5, WAGES............,......,............................,..,....,....,............,.........,..,....,...........4 - 4-6
ARTICLE 6. LEAVES
1, Vacation,.",..,..,.",..,.".,.,.,..,.."..".,.,.,..,..,.,.".".,.,..,..,.".,..,...".".,.,.".".",.,..",5
2. Sick Leave "..,.".",..,.,.,.".".,..,...,..,...,..,..,...".,,.,.,..".,.,..,..,.,."."...,.".,...".,.6-7
3. Holidays,..,..",."".",..,.."..,.".".",."..".,,.".,.,..,..",."..,.,."."...,..,.".,.,..,...,.".7-8
4. Benefit Days .,..,...".,."."...,."..".".,...".".,.,..,..,....,."."...".,....,.".,.,..,.".",."...8
5, Bereavement Leave,.".,..,.,.,..,.,.,..,.".",..,..",.".".,.,..,..,.,..,..,.,.,..,...".,..,.",.8-9
ARTICLE 7, PAYROLL AND WORK WEEK
1, General,..,...,..,..,.,.,."."..".,..,.,.".,.,.".,..,.,.".".,.,..,..",..".,.,.".".,.,.".",..,.".",.9
2, Overtime .,.".,..,.,.,..,..,..".".,.",..,..",.".,..",."...,..".",..,..,.,.".".,.,.".."."."..9-10
3. Compensatory Time Off (CTO) ........,.....,...........................................,........10
4. Deductions.,.",..,.".,...,..,.."..,.".",."...,..,.".",..,..,.,.".".,.,.."..".".,...".",.,10-11
5. Flexible Work Hours......,..,..........,..,....,............................................,....,......11
ARTICLE 8, BENEFITS
1. Hospital and Medical,...,......,.............,................................,..,......,......,..,....,11
2, Eye Care.,..,."."....,..,."."..,.,.".".,.,.,.,..,..,."...,.,."..,..,.,...,..,..,..",..".".".,.,.,,11
3, Life Insurance ,......,......,....,.....,......................,............................................,11
4, Long Term Disability Income Insurance .............................,................,...11-12
5, Flexible Benefits Program .............................,..,..........................,..,......,......12
6, Deferred Compensation",...,.".".,.,.",..,..,.".....,..,..,..""",..,..,...".",.".,.."",,12
ARTICLE 9. SPECIAL PAY
1, Tuition and Reimbursement ............,..,....,....,................,..,..,......,............12-13
2, Uniforms and Equipment............................,..,....,...........................,........13-14
3, Meal Allowance.",.,..",.,..,...,."...,..,...,..,..",.".."..,..,.,.".,.".".,.,."...,.".,.,.",.,14
4. Travel Expenses ,.".",.",.".".,.,.,."".".,..",.",..,..,....,.,.".".",..,...,..,.",..,...,..,14
5, On-Call Time.............,....................,......,..,..,........,..,..,........,..,................14-17
6. Shift Differential. .,.....................,.............,..,...............................,.................17
7. Call-Back Time. ,..............,...,......,..,.....................,....,...........,..,..........,........18
ARTICLE 10, SERVICE
1, Probation ,...,..,.",..,.,.,..,."...,..,..".".,.,..",.,..,..,.,..",."."...,..,.,.".",..,.",."."...1B
2. Safety ,.".",..,...".,."...,.."..,.".,.,."...,.".",..,..",.".",.."...,..,..,.,."..".".",.".",.18
3. Temporary Assignment to a Higher Level Vacancy.................................18-19
4. Meal and Rest Periods.........................,........................,....,.........................19
5, Transfers,.,.,..",.,..,.",..,.,.,."."...,.",..,.,,.,.,..,.,..,.".,.".,.,..,..,.,.,..,.,.".".",.",.,,19
6. Reassignment. ...".,."...,..".".".",.."..,..,.".,.,....,..,..",..""".".",.",..,.".,.,.".,19
7, Layoff and Reemployment ,..,."..".",..,..,...".",..,..,..",."...,..,..,".,..",.,..,.19-20
8, Resignations. ',..,.."..,."...,.,...".".",.,..,.,.".",..,....,.".",..,..",..,.."..,..,.,.,..,.,.,.20
ARTICLE 11, GRIEVANCE PROCEDURE
1. Purpose ,..,.",..,.."..,.",..,.".,.,.".,.,.,..,.,."."...,..,...".".."..,..."."...,..,.,.,..,.",..,21
2. Scope ,."."..".,.,.".".."."..,..,.",..,.,.,..,..,.,.".."..,..,..."...,..,..",.",."..,.",.",.".,21
3, Procedure ."."...,...,.".".,.,."..,..,.."..,.,."."."...,.,."."."..."".,.".,.,..,.,.,..,.,,21-22
4, Conduct of Procedure ................................,........,...........................,......,....,22
ARTICLE 12, RETIREMENT AND SOCIAL SECURITY .............................................,.......22-23
ARTICLE 13. PERSONNEL RULES ........,..,.............,..........................,..,...........,....,........,......23
ARTICLE 14, JOB ACTIONS...............,..,.............,............................................,...,......,..,.......23
ARTICLE 15. AMERICANS WITH DISABILITIES ACT ..........................,................................,23
PART II, PART-TIME EMPLOYEES
ARTICLE 1, GENERAL ...".,..,.,.".,..,.".,.,.".,..,...".,..,.."..,..,..",."..,..,...".".".",..,."."."...,.".,24
ARTICLE 2, SEVERABILITY AND SAVINGS....,...................,..,................,...............,......,....24
ARTICLE 3. SYMPATHY ACTION,..,..,..".".,...".".,..,.."..,..,..,.,."..,..,..,.,.".".,.,..,..,.".,.,.".".,24
ARTICLE 4. DURATION OF AGREEMENT.................,..,..............,..,..,....................,..,...,.....24
ARTICLE 5, WAGES,..,..,.",..,..,.."..,.".".,...,..,.."..,..,.".".,.,..,..",.".".".,.".".",.".".".,..",.,..,24
ARTICLE 6, LEAVES
1. Vacation..................,......,.......,......,..,.................,..,..,..............,..,....,........,..,25
2, Sick Leave .......................................................................,......................26-27
3. Holidays".".".",.".,..,.."..,.".",..,.".".",.".".,.,..,..,..",.".".."..".".",.".,..,.,.,..27
ARTICLE 7. PAYROLL AND WORK WEEK
1. General".".,..,...,..,...,..,.".".""".,.,.".".,..,.,."."..."."."."...,..,.,.".,..,.".,.,.27-28
2, Overtime.......................,.........,.......,............,...............,......................,....,.,.28
3. Compensatory Time Off.........,.......................,...,..,..,....................,..,........... 2 8
4, Deductions..".",..,.",.".".,..,.",..,...,..,..,..,..,...".",..,..,..".,..."..,...,..,..,.".,.28-29
ARTICLE 8, BENEFITS
1, Hospital and Medical"."..,..,..",.""..,.,.,..,..",.".".".,.,..,..",..,..,..,.,.,..,..,...,.".29
2. Eye Care,.".,.,.".".,...,..,..,..".".".,.,..,.".".",..,..,....,..,..,..",.".".,.,.".".,..",.".29
3. Life Insurance ",.,..,..,.,.,..,.,..,.,.".".,..",.".".,.,."..,."..."..,..,...".,..,...,..,..,.".,.29
4. Flexible Benefits Program ..,..,....,..,........,..,..,..,..,.............................,......29-30
5, Retirement and Social Security, ,..................................................................30
ARTICLE 9, SPECIAL PAY
1. Tuition Reimbursement. .........,.........,......,..,..,................................,..,..........30
2. Uniforms and Equipment................,..,..,..............,..,..,..,...........,..............30-31
3, Meal Allowance"...........,....,...................,............................,.........,..,......,....31
ARTICLE 10. SERVICE
1. Probation ..,.".",.".,..,.,.,..,."...,..,."..".".".",..,..,..",."..,..."."."...,.".".,.,.".,..31
2. Safety .,.,..".,..",.,.."'.,..,.".",.".,...".,,.,..,.,.".",..".".".,.,..,..",.".".,...,..,..",.,.32
3. Temporary Assignment to a Higher Level Vacancy. .......,.............................32
4. Transfers ..,.,',..,."."..".,..,.."..,."."...,..,.",..,..,..".."..,.".,.".".",..,."..".".".,.,32
5. Reassignment.".,..,..,.",.".".,.,.".,..,..."."...,..,."."..."."...,..,..,..,.,.,..,.,.".,..,.,32
6, Layoff and Reemployment ,...............................................................,.....32-33
7, Resignations. ,...........,..,......,.................,..............................,..,......,............,33
ARTICLE 11, GRIEVANCE
1. Purpose ,."..".,.,..,..,.,...".,."...,..,."...,.".,.,..,..,..,.,."."..."."."...,..,.",..,..,..33-34
2, Scope ..,.,."."...,.".",.".,.."..,..".".".",..,."".,.."."...,..,.,."."."...,..",.,..,."...,..34
3. Procedure ,.".".",...,.".".,.."..",.".,..,..."..".".,,.".,.",..,..,..,...",."..,..,.".,.,34-35
4, Conduct of Procedure ,.............,....,...........,..................................................35
ARTICLE 12. PERSONNEL RULES....,.......,......,.............,..,.....................................,.............35
ARTICLE 13. JOB ACTIONS,.........,....,.......................,.........,.,....................,....,.............,.......35
ARTICLE 14. AMERICANS WITH DISABILITIES ACT ,...........................................................35
ARTICLE 15, POSTING OF AGREEMENT ....,.........................,.................,........................,...35
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF POWAY
AND
THE NON-SAFETY EMPLOYEES
Effective July 1, 2004
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 Myers-Millias-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. Citv 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; then the intent of the parties
shall be considered; then the trade or industry usage of the language shall be considered.
1
C. City Riahts,
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; 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. Emplovee Riahts,
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 City Manager,
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 F, City
Procedures,
6, Use of City Facilities. Employee organizations may, with prior approval of the City
Manager, 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.
7. Availabilitv 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.
2
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,
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, 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,
F, Lavoffs.
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. Severabilitv and Savinas
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. Svmpathv 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,
3
Article 4. Duration of Aareement
This entire Agreement shall commence at 12:00 a.m. on July 1,2004, and terminate at 11 :59 p.m,
on December 31,2007.
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. Waaes
A. Effective the first full pay period in July 2004, and remaining in effect until the first full pay
period in July 2006, the salary schedule for all job classifications within the MOU will be
increased by 4%,
B. Effective the first full pay period in July 2006, the salary schedule for all job classifications
within the MOU will be increased by 3%,
C, Effective the first full pay period in July 2007, the salary schedule for all job classifications
within the MOU will be increased by 3%,
In the event there is a significant increase or decrease in the cost of living during the life of
this Agreement, the City agrees to meet with the Bargaining Unit Representatives to discuss
the impact.
4
Article 6. Leaves
Section 1, Vacation.
A. Computinq 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,
Forthe purpose of computing annual vacation leave, a working day shall be considered as 1/5
of the number of working or duty hours in the established workweek, Annual vacation leave
shall be computed in accordance with the following schedule:
Years of
Continuous Emplovment Vacation Leave Credits
1 through 5 years 96 hours per year or 3,692 hours per pay period for 26 pay
periods.
After 5 years 120 hours per year or 4.615 hours per pay period for 26 pay
periods.
After 10 years 144 hours per year or 5,538 hours per pay period for 26 pay
periods,
After 15 years 168 hours per year or 6.462 hours per pay period for 26 pay
periods,
B. Vacation Leave Accrual.
Vacation time can be accumulated to a maximum of 150% 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,
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.
D, Pavout 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.
s
Section 2, Sick Leave,
A. Sick Leave Accrual.
Sick leave with pay may be granted to all probationary and regular employees within the unit
who are regularly employed in full-time positions,
For the purposes of computing sick leave, a working day shall be considered as 1/5 of the
number of working or duty hours in the established workweek.
One (1) day sick leave shall be accrued for each month of employment, for a total of twelve
(12) working days, or ninety-six (96) hours per year.
Sick leave shall be granted to an employee only for actual working time off,
Accumulation of sick leave shall be unlimited,
B. Notification,
In order to receive compensation while absent on such leave, the employee shall notify his
immediate superior or the department Director prior to or within two hours after the time selfor
the beginning of his 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 Q!jQ[ to the
beginning of the work shift.
Sick leave over three (3) working days at one time, or an unusual pattern of use that has been
documented and the employee has been counseled regarding the pattern, may require
certification by the employee's physician in order to receive compensation, This requirement
is at the discretion of the department Director with approval from the Human Resources
Manager,
C. Familv Sick Leave
In the event of illness in the immediate family, an employee may use accrued sick leave not to
exceed six (6) days in each fiscal year, Immediate family shall be designated as mother,
father, spouse, sister, brother, and children, Employee must notify supervisor in advance
when such leave is being taken and so note on time card,
D. Annual Conversion of Sick Leave.
In the last full pay period of the fiscal year, an employee may 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 can 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.
6
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
E. Pavout of Sick Leave.
After ten (10) years of employment with the City and upon termination or retirement, an
employee will receive compensation for unused sick leave as follows:
1. Upon normal retirement, an employee will receive 50% of all sick leave hours accrued.
Calculations will be at the employee's rate of pay at the time of retirement and will not
exceed $5,000.
2, Upon leaving the employ of the City for 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 3, Holidays.
A, Desianated Holidays,
The holidays for employees in this unit are as follows:
New Year's Day January 1
Martin Luther King Day 3rd Monday in January
Washington's Birthday 3rd Monday-February
Memorial Day Last Monday-May
Independence Day July4
Labor Day 1st Monday-September
Veteran's Day November 11
Thanksgiving Day 4th Thursday-November
Day after Thanksgiving Fourth Friday-November
Christmas Day December 25
The City will grant December 24, 2007 as a one-time holiday.
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 on the day before and the
day after a holiday.
B. Holiday Pay,
For the purpose of computing holiday pay, a working day shall be considered as 1/5 of the
number of working or duty hours in the established workweek.
7
Payment of two (2) times the employee's regular rate of pay shall be paid for all unscheduled
hours worked on a holiday,
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,
Full-time Community Services employees and Public Works employees in the Park
Maintenance Worker classification, who are required to work on the following designated
holidays, will be paid two (2) times their hourly rate of pay for working the holiday, and they
will continue to be paid one-and-one-half (1-1/2) times their hourly rate of pay for working on
the other City designated holidays:
New Year's Day January 1
Memorial Day Last Monday-May
Independence Day July4
Labor Day 1st Monday-September
These Community Services and Public Works employees in the Park Maintenance Worker
classification may, however, request time off in lieu of pay for a holiday worked. The times at
which an employee may take his holiday in lieu shall be approved by the department Director
with due regard for the wishes of the employee and needs of the City. The employee will
continue to receive holiday pay for the holiday worked,
Section 4, Benefit Davs.
In addition to provisions for vacation, sick leave, and holidays set forth elsewhere herein, each
employee who has completed an initial probationary period shall have available two (2) benefit days
off each fiscal year. One of the two days will be known as Cesar Chavez Day and will remain as an
unscheduled benefit day until 1 0 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, The
times at which an employee may take a benefit day 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. Benefit days shall be taken in 8-hour increments, Remuneration for a benefit day shall be in
accordance with the schedule of pay for one working day of vacation, If not taken by the end of the
last full pay period of the fiscal year, the benefit day(s) shall be forfeited.
Section 5. Bereavement Leave,
In the event of a death in the family, regular and probationary employees shall be eligible for 1-5
days off with pay to attend the funeral, subject to the following provisions:
A. The relatives designated shall include father, mother, father-in-law, mother-in-law, wife,
husband, brother, sister, daughter, son, grandparents, grandson, granddaughter, brothers and
sisters having one parent in common, and those relationships generally called "step" providing
persons in such relationships have lived or have been raised in the family home and have
continued an active family relationship, An employee may be eligible to use bereavement
leave to attend the funeral of a person who has been living with the employee in the same
capacity of a spouse, provided, however, the employee has previously notified the Human
Resources office, in writing, of the individual's name.
B, To be eligible for bereavement leave, the employee must attend or make bona fide effort to
attend the funeral.
8
C. Pay for compensable bereavement leave shall be in the same amount as pay for sick leave
for the same period.
D. Bereavement leave is not compensable when the employee is on leave of absence, vacation,
bona fide layoff, or for days falling outside the employee's regular work period,
E. It is not chargeable against sick leave.
F. 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.
G. Employees on a flex hour schedule shall be compensated for a nine-hour day for paid
bereavement leave, up to a maximum of 40 hours,
Article 7. Payroll and Work Week
Section 1. General.
A. Reqular Pavdavs,
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.
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 unit.
B. Communitv 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 a,m" one week or
seven (7) days prior to the day the schedule begins the following Monday.
Requests for vacation or compensation time off must be received in writing by the employee's
supervisor or his/her designee two weeks or fourteen (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.
Unscheduled hours worked on Sundays and holidays, as defined in Article 6, Section 3, shall be
paid for at double the employee's rate of pay,
9
All employees in this unit shall be paid one-and-one-half (1-1/2) times their hourly rate of pay for all
hours worked in excess of eight (8) hours in one day or forty (40) hours in one work week.
Employees whose regularly scheduled work hours are in excess of eight (8) hours in one workday
are only entitled to receive overtime pay for the hours worked beyond their regularly scheduled
workday or forty- (40) hours in one workweek, Filtration Plant employees assigned to work the
forty-eight (48) hour weekend shift shall be paid overtime at 1-1/2 times their rate of pay for all
hours worked in excess of forty (40) hours, Employees working overtime will continue to receive
overtime pay after 12 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,
For the purpose of computing overtime, hours of vacation, sick leave and holiday 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 (1-1/2) hours off for each overtime hour worked, The maximum accumulation of
compensatory time off shall be 80 hours; however, the accumulation of hours shall be
reduced to 40 hours at the end of the fiscal year, and the employee shall be compensated for
the excess accumulation in a cash payment.
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, In the event an employee accrues 80 hours of
compensatory time in anyone fiscal year, the employee will be ineligible to work overtime for
compensatory time off until the level of accrued compensatory time off is drawn down below
the maximum accrual level of 80 hours.
B. CTO Carryover,
Employees may request in writing to carry over compensatory time not to exceed 40 hours for
a period of 90 days to be used for summer vacation purposes, Any overtime earned while an
employee is in a carry over period shall be paid at the appropriate rate of pay, Such requests
shall state the amount of compensatory time to be used in conjunction with vacation time that
is planned and approved for use within the 90-day period. The request must be approved in
writing by the department Director. If the compensatory time is not used within the 90-day
period, it will automatically be paid out in cash at the employee's rate of pay in effect the last
full pay period of the immediately preceding fiscal year.
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.
10
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,
C, Credit Union,
Employees may elect to make credit union contributions through payroll deduction.
Section 5. Flexible Work Hours,
The City agrees to make available a flexible work schedule, 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. However, those employees on a flex
schedule who are scheduled to and who do work before the hours of 6 a.m. or after 5 p,m, shall be
entitled to shift differential in the same manner as prescribed in the MOU.
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 12% or less 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 carrier, shall be covered under a group life insurance plan for the
amount of one and one-half (1-1/2) times annual income.
Section 4, Lonq-Term Disabilitv 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.
11
The monthly benefit provided under this coverage will be 66-2/3% of the employee's monthly
earnings. 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.
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 100% of the premium,
An employee may use sick leave and vacation to supplement coverage under this benefit up to, but
not in excess of, 100% of his regular rate of pay,
Section 5. Flexible Benefits Proqram,
The City will maintain a Flexible Benefits Program during the term of this Agreement in accordance
with applicable IRS statutes in order to provide employees the greatest possible tax benefit.
Included in the Flexible Benefits Program are reimbursement accounts for medical and dental plan
deductibles and co-payments, orthodontia, hearing exams and aids, vision care, and other health
care expenses not covered by existing medical and dental coverage, Additional elements of the
Program may include reimbursement accounts consisting of child/dependent care and nursery
school, and other viable options,
Section 6. Deferred Compensation,
In addition to the existing 457 deferred compensation 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 $27 per employee per biweekly pay
period effective the first full pay period in FY 2004/05. Effective the first full pay period in FY 2006-
07 the amount will be increased to $38. Employees shall be entitled to receive credits for their
accounts only after the completion of a full pay period, Only full-time employees shall be eligible for
this benefit after the completion of one year of service. 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:
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
Article 9. Special Pav
Section 1, Tuition Reimbursement.
The actual cost paid for tuition, books and required technical supplies and equipment, to a
maximum of$1000 per fiscal year per employee, will be refunded to all regular City employees for
professional and technical courses in accredited educational institutions provided that:
12
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 Refund of Tuition and Cost of Books form to the
department Director and Human Resources within three (3) weeks after the beginning of
the class,
4. Before receiving reimbursement the employee shall furnish documentation proof of pay
and shall provide evidence that he/she has completed the course with 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. A "pass" will be accepted for classes where a pass/fail
grading system is used.
Section 2, Uniforms and Equipment.
The City will provide and maintain all uniforms that are required by the City for Administrative
Services field employees, Community Services lake/park and recreation employees, and Public
Works employees as follows:
A. Safetv Shoes,
Safety shoes shall be worn by employees as required by the City. The department will
establish and furnish to the Director of Administrative Services 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.
The employee shall be provided an allowance for the purchase or resoling of safety shoes in
accordance with the following:
Recreation Specialist $ 80 per fiscal year
Remaining Classifications in the Unit required to wear safety shoes $170 per fiscal year
In order to receive reimbursement, the employee must submit receipts of 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.
B, Uniforms - General.
The City will provide and maintain eleven (11) sets of uniforms for those employees required
to wear uniforms, excepting recreation employees, Employees electing to wear City-approved
summer attire may receive fewer than eleven sets of standard uniforms and shall be
responsible for the maintenance of the summer attire,
C. Uniforms - Recreation Emplovees,
The City will provide eleven (11) shirts and one (1) jacket for recreation employees who work
five (5) days per week, and seven (7) shirts and one (1)jacketforemployees who work three
(3) days per week for those employees required to wear uniforms. Recreation employees may
receive sweater(s) in lieu of shirt(s) on the basis of equivalent dollar value, Employees may
elect to wear City approved shorts during the summer, All summer attire must be City
approved,
13
Community Services shall provide all employees with new uniform shirts, which shall be
replaced on an as-needed basis. Jackets which are lost or stolen will be the employee's
responsibility to replace: worn out jackets will be replaced by the department.
D. Uniforms - Park Ranaers.
Park Rangers will be reimbursed up to $300 each fiscal year for the purchase of approved
uniforms, Uniform selection shall be approved by the Director of Community Services.
E, Jackets.
Public Works employees generally assigned to fieldwork shall receive one (1) jacket per fiscal
year on an as-needed basis as determined by the Utilities Manager or the Public Works
Operations Manager.
F, Standards of maintenance of uniforms and equipment shall be determined by the City, and
employees must maintain these standards,
Section 3, Meal Allowance.
In the event an employee is required to work in excess of twelve (12) consecutive hours, the City
shall pay the cost of a meal in the amount of $9, 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,
ß, Employees using their own vehicle on approved City business travel will be reimbursed at the
approved IRS reimbursement rate,
C, Employees on approved official business away from the City will be reimbursed for actual and
necessary expenses incurred,
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,
The City shall maintain a list of eligible Public Works field personnel who have agreed to stand
by for callback as required. Each employee shall be paid on the last full pay period of the
month, a share of $1,500 per month, which shall be divided equally among those on the list.
1, The call-out list shall consist of qualified employees.
14
2, List members shall meet the following qualifications:
a, Must reside within a community that allows an approximate 3D-minute response
time to an emergency, as determined by the Director of Public Works.
b. Must be rated as a Construction Maintenance Crew Leader, Construction
Maintenance Worker II, Facilities Maintenance Crew Leader, Facilities Technician,
Water Utilities Crew Leader, Water Utilities Worker II, Wastewater Utilities Crew
Leader, or Wastewater Utilities Worker II, 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,
3. Duty roster to be scheduled as follows with the participation of list members:
a, Scheduling to be quarterly,
b. Order of names to be maintained as consistent as practical.
c, Names to be rotated progressively up the list weekly from the bottom positioning
on up to the top Position 1.
d, The member in Position 1 will be the duty person on call.
e, List members may substitute positions temporarily among themselves to allow for
special circumstances as stated in Item 4.
4. If a call-out list member is scheduled for duty and due to special circumstances cannot
respond, substitution by another duty list member is allowed, providing:
a. Scheduled duty person arranges substitution,
b. Scheduled duty person notifies Filtration Plant.
5, Duty person will be on call from 1530 hours of a workday to 0700 hours the following
workday during the workweek, During weekends from 1530 hours Friday to 0700 hours
the following Monday, and the 24 hours of a City-observed holiday.
6, There will be paid a two-hour minimum for each call-out.
a, Time starts for the call-out when the duty person receives the call from the
Filtration Plant.
b, Time stops and call-out is complete when the duty 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.
15
d, Weekday and Saturday call-out time to be paid at one and one-half (1-1/2) the
hourly rate of pay,
e. Sunday and holiday call-out time to be paid at double the hourly rate of pay.
Holidays will be rotated equally among those persons on the list inasmuch as
possible,
7. It is agreed that if this procedure does not operate to the satisfaction of the Director of
Public Services, the procedure is subject to be revised as necessary following
consultation with representatives of the Union, It is understood that this Section does not
allow for a reduction in the amount of the monthly pool.
B. Operational Conditions.
1. The duty person will wear a City pager and carry a City cell phone when away from
his/her listed contact phone number.
2. Calls to the duty person will be placed by the Treatment Plant Operator.
a. Treatment Plant Operator will screen calls to determine need to contact duty
person.
b, Upon being contacted by the Treatment Plant Operator, the duty person is
responsible to determine the course of action,
c. The Treatment Plant Operator stands by to assist, when possible, in contacting
additional employees when needed,
d, Should duty person need assistance, the Treatment Plant Operator will first
attempt to call list members progressively. 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,
e, Upon call completion, the duty person will advise the Treatment Plant Operator of
the action taken so that it can be properly logged,
3. During a serious emergency, such as a water main break, the duty person will stand by
to assist the crew in making repairs, but will remain flexible in case of other call-outs
during this time.
4, Employees who are assigned standby duty may request the use of a City truck, 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.
C, Filtration Plant.
The City shall maintain a list of eligible Public Works employees who have agreed to standby
for callback as required, Each employee shall be paid biweekly, The amount of pay for each
week of duty served shall be $150, plus the pay for the time required to respond per current
MOU provisions. Employees will only receive payment for actual duty worked.
16
List members shall meet the following qualifications:
a, Must reside within a community that allows a 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,
Section 6. Shift Differential.
A, Filtration Plant Emplovees,
Filtration Plant employees required to work the afternoon and evening shift (3 p,m. to 11 p,m.)
and the night shift (11 p,m. to 7 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 p,m. to 11
p.m, on Saturday and Sunday and while working from 11 p.m, to 7 a.m, on Saturday night and
Sunday night.
8, Public Works Emplovees.
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 after the hour of
3:30 p,m. or before 5 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 a.m, which requires them to
work after the hour of 3:30 p.m. or before 5 a,m. shall be entitled to shift differential pay of
$O,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 8 a,m, to 5 p.m, will not
receive shift differential pay for hours worked between 3:30 p,m. and 5 p,m.
17
Section 7, Call-Back 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 (2) hours at the appropriate
overtime rate.
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, a non-probationary employee may be placed on special
probation; however, he/she shall have the right of direct appeal of the special probation to the City
Manager. The City Manager must be notified of the employee's desire to appeal the special
probation within ten (10) calendar days from the day the employee is placed on special probation.
Section 2. Safetv.
The unit adopts the following by reference:
. The City has a Central Safety Committee with representatives from all units:
. The City and all employees shall comply with any applicable Federal and State law;
. 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, Temporarv Assiqnment To a Hiqher Level Vacancv,
A, Full Responsibilitv,
An employee specifically assigned on a temporary basis to a higher level position in which
there is no appointed incumbent or in which the incumbent is on paid or unpaid leave for
fifteen (15) or more consecutive working days shall be compensated at the A step rate of pay
for the higher level position, which payment shall be retroactive to the first day of such
services, provided, however, that the full range of duties of the higher level position has been
specifically assigned in writing on a form provided by the City by the department Director or
his/her designee. Under no circumstance shall the rate of compensation be less than five
percent (5%) above the employee's current rate of pay.
18
ß, Partial Responsibility,
An employee specifically assigned to perform a portion of the duties of the higher level
position for fifteen (15) or more consecutive working days shall receive additional
compensation of five percent (5%) above the employee's current rate of pay. The assignment
shall be in writing and on a form provided by the City.
C, For purposes of determining the period of 15 consecutive days, holidays will apply toward
hours worked, and vacation and sick leave will apply toward hours worked provided the
employee has served in the acting position continuously for six (6) or more months.
0, At the conclusion of such an assignment, the employee shall be restored to his/her former
classification regardless of the time involved, The employee may also be considered for
promotion to the higher position on a permanent status if it were deemed by the City to be
vacant. 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 this 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 his 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.
Section 6. Reassianment.
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 an open promotional exam,
Section 7. Lavoff and Reemplovment.
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,
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 days 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.
19
B. In the event of two (2) 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 (2) 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,
F, 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, II, 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 determine if the employee meets these requirements,
Section 8. Resiqnations,
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 within 72 hours after termination, 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 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.
20
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, conceming:
A. A dispute about the interpretation or application of this Agreement or of any ordinance,
resolution, rule or regulation goveming 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 (5) 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 retum
them to the employee within five (5) 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 (5) 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 retum them to the employee within
five (5) days after receiving the appeal. If the employee does not agree with the
decision reached, or if no answer has been received within five (5) days, he/she may
present the appeal in writing to the City Manager.
21
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 fifteen
(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 fifteen (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.
E. Failure of the employee to take further action within the specified time limits at each level of
review, or within five (5) 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. Retirement and Social Security
The City will provide retirement benefits through the Public Employees' Retirement System, The
City does not participate in the Social Security System, except as required by Law,
The City will pay seven percent (7%) of the employee's contribution into the Public Employees'
Retirement System (PERS) in addition to the normal employer's contribution, The seven percent
(7%) payment shall be made to PERS in the name of the employee to be credited to the employee's
account with PERS. The City shall annually notify the employee of the annual and total contribution
made to PERS on behalf of the employee.
The City will provide under its contract with PERS the following provisions:
1. the Third Level 1959 Survivors Benefits;
2. the retirement benefit of 2%-at-55 formula; and
3. the One Year Final Compensation option,
Effective in Julyof2005, the City agrees to provide a supplemental retirement benefit of 0.7% at 55,
which in conjunction with the PERS benefit above provides an overall benefit of 2, 7@55, The City
intends to contract with the Public Agency Retirement System (PARS) to provide this benefit for all
employees who have 20 or more years of service with the City of Poway. There is no required
22
contribution by the employees under this plan, and the plan will cover an employee's prior PERS
service. The City and Union agree to meet at least 60 days prior to the implementation date to
discuss a full or partial. 7% PARS benefit for certain employees, This full or partial benefit will be
considered for those employees who are on the payroll as of July 1, 2004, remain continuously
employed by the City until retirement, and who at age 58 will have 15 or more years of City service,
Article 13. Personnel Rules.
All other employee rights, privileges. and benefits are included in the Personnel Rules of the City of
Poway.
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
The City and the bargaining unit agree that they are subject to and must conform to the Americans
with Disabilities Act (ADA).
23
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 Savinas.
All of Article 2, Part I, of this Agreement shall apply to all regular part-time employees.
Article 3. Svmpathv Action.
All of Article 3, Part I, of this Agreement shall apply to all regular part-time employees,
Article 4. Duration of Aareement.
This entire Agreement shall commence at 12 a.m. on July 1,2004, and terminate at 11 :59 p, m, on
December 31,2007,
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. Waaes.
The position classifications are established at the salary ranges indicated in Article 5, Part I, of this
Agreement.
Effective the first full pay period in July 2004, and remaining in effect until the first full pay period in
July 2006, the salary schedule for all job classifications within the MOU will be increased by 4%.
Effective the first full pay period in July 2006, the salary schedule for all job classifications within the
MOU will be increased by an additional 3%.
Effective the first full pay period in July 2007, the salary schedule for all job classifications within the
MOU will be increased by an additional 3%.
24
Article 6. Leaves.
Section 1. Vacation.
A. Computina Annual Vacation Leave,
Part-time employees in the unit shall be eligible to receive vacation leave accrual after two
years of employment.
Annual vacation leave shall be computed in accordance with the following schedule.
Years of Continuous
Emplovment Vacation Leave Credits
2 through 5 years 4B hours per year or 1.846 hours per pay period for 26 pay periods,
After 5 years 60 hours per year or 2.308 hours per pay period for 26 pay periods.
After 10 years 72 hours per year or 2.769 hours per pay period for 26 pay periods,
After 15 years 84 hours per year or 3,231 hours per pay period for 26 pay periods,
B. Vacation Leave Accrual.
Vacation time can be accumulated to a maximum of 150% 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.
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.
D, Pavout 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,
25
Section 2. Sick Leave.
A. Sick Leave Accrual.
Sick leave with pay may be granted to all regular employees within this unit who are employed
in regular part-time positions after two years of employment.
For the purposes of computing sick leave, an eight (8) hour working day shall be considered
as one-fifth (1/5) of the number of working or duty hours in the established forty (40) hour
work week,
One (1) day sick leave shall be accrued for each two (2) months of employment, for a total of
six (6) working days, or forty-eight (48) hours per year. Sick leave shall be granted to an
employee only for actual working time off,
Accumulation of sick leave shall be unlimited,
ß, Notification,
In order to receive compensation while absent on sick leave, the employee shall notify his
immediate supervisor or 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 QIÎQ[ to the
beginning of the work shift.
Sick leave over three (3) working days at one time, or an unusual pattern of use that has been
documented and the employee has been counseled regarding the pattern, may require
certification by the employee's physician in order to receive compensation, This requirement
is at the discretion of the department Director with approval from the Human Resources
Manager,
C, Familv Sick Leave.
In the event of illness in the immediate family, an employee may use accrued sick leave not to
exceed 24 hours in each fiscal year. Immediate family shall be designated as mother, father,
spouse, sister, brother, and children. Employee must notify supervisor in advance when such
leave is being taken and so note on the time card and Request for Leave of Absence form,
D, Pavout of Sick Leave,
After ten (10) years of continuous employment with the City and upon termination or
retirement, an employee will receive compensation for unused sick leave as follows:
1. Upon normal retirement, a part-time employee will receive 25% of all sick leave hours
accrued. Calculations will be at the employee's rate of pay at the time of retirement and
will not exceed $2,000,
2, Upon leaving the employ of the City for other than retirement, a part-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 will not exceed $1,000.
26
3, 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. Holidavs.
A. Desianated Holidavs.
The holidays for employees in this unit are as follows:
New Year's Day January 1
Martin Luther King Day 3rd Monday - January
Washington's Birthday 3rd Monday - February
Memorial Day Last Monday - May
Independence Day July4
Labor Day 1st Monday - September
Veterans' Day November 11
Thanksgiving Day 4th Thursday - November
Day after Thanksgiving 4th Friday - November
Christmas Day December 25
The City will grant December 24, 2007 as a one-time holiday.
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 on the day before and the
day after a holiday,
B. Holidav Pav,
Part-time employees shall receive regular pay for hours worked on a holiday.
Part-time employees will be eligible to receive holiday pay after two years of employment.
Part-time employees shall receive four (4) hours holiday pay whether on or off duty on the ten
holidays listed above.
Article 7. Pavroll and Work Week
Section 1. General.
A, Reaular Pavdavs.
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. Requests
for advance vacation pay must be made prior to the end of the pay period for which pay is to
be received,
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,
27
B. Communitv Services Work Schedules,
Work schedules for Community Services employees and Public Services employees in the
Park Maintenance Worker classifications will be posted every Monday by 8:00 a.m., one week
or seven (7) days prior to the day the schedule begins the following Monday.
Requests for vacation or compensation time off must be received in writing by the employee's
supervisor or his/her designee two weeks or fourteen (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,
All employees in this unit shall be paid one and one-half (1-1/2) times their hourly rate of pay for all
hours worked in excess of eight (8) hours in one day or forty (40) hours in one work week,
Employees whose regularly scheduled work hours are in excess of eight (8) hours in one workday
are only entitled to receive overtime pay for the hours worked beyond their regularly scheduled
workday or forty- (40) hours in one workweek, 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.
For the purpose of computing overtime, hours of vacation, sick leave and holidays shall be
considered as hours worked,
Section 3. Compensatorv 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-
1/2) hours for each overtime hour worked, The maximum accumulation of compensatory time off
shall be 80 hours; however, the accumulation of hours shall be reduced to 40 hours at the end of
the fiscal year, The employee shall be compensated for the excess accumulation in a cash
payment. 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. In the event an employee accrues 80 hours of
compensatory time in anyone fiscal year, the employee will be ineligible to work overtime for
compensatory time off until the level of accrued compensatory time off is drawn down below the
maximum accrual level of 80 hours,
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,
28
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,
C, Credit Union
Employees may elect to make credit union contributions through payroll deduction.
Article 8. Benefits
Section 1. Hospital and Medical.
The regular part-time employee may elect to be covered by the City's medical and/or dental
insurance plans after two years of employment if working half time. Those part-time employees
working three-quarter time can elect these benefits after eighteen months of continuous
employment.
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 carrier(s).
The part-time employee shall pay fifty percent (50%), and the City shall pay fifty percent (50%) of
the health benefit premiums for the employee-only coverage.
The cost of dependent coverage of the medical and dental plan of the employee's choice will be as
follows: the employee will pay seventy-five percent (75%), and the City will pay twenty-five percent
(25%). The employee's share of the cost will be made through payroll deduction.
Section 2. Eve Care,
The part-time employee may elect to be covered by the City's vision care plan after two years of
employment. The City shall pay fifty percent (50%) of the cost of the premium for the coverage of
the employee and his/her dependents, and the employee shall pay the remaining fifty percent (50%)
of the premium, The employee's share of the cost will be made through payroll deduction,
Section 3. Life Insurance.
The part-time employee may elect to be covered by the City's life insurance plan provided said
employee also participates in one of the City's medical plans. Part-time employees may elect this
coverage after two years of employment. The employee shall pay fifty percent (50%) of the
premium, and the City shall pay fifty percent (50%) of the premium.
Section 4, Flexible Benefits ProGram.
The City will maintain a Flexible Benefits Program in accordance with applicable IRS statutes in
order to provide employees the greatest possible tax benefits.
Included in the Flexible Benefits Program are reimbursement accounts for medical and dental plan
deductibles and co-payments, orthodontia, hearing exams and aids, vision care, and other health
care expenses not covered by existing medical and dental coverage. Additional elements of the
29
Program may include reimbursement accounts consisting of child/dependent care and nursery
school, and other viable options,
Section 5, Retirement and Social Securitv,
A. The City provides part-time employees who work less than 1,000 hours per 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 Public Employees' Retirement System (PERS), For employees hired prior to
July 1, 1996, the City will pay 50% of the employee's 7% contribution in PERS, Part-time
employees hired after July 1, 1996, will pay the full employee contribution of 7%,
Article 9. Special Pav
Section 1. Tuition Reimbursement.
The actual cost paid for tuition, books and required technical supplies and equipment, to a
maximum of $300 per fiscal year per employee, will be refunded to all regular part-time employees
after five (5) years of continuous employment for professional and technical courses in accredited
educational institutions provided that:
A, The employee has received at least a satisfactory proficiency rating on his/her last
performance report,
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 must submit a Request for Refund of Tuition and Cost of Books 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 documentation of proof of
payment and shall provide evidence that he/she has completed the course with 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, A "pass" will be accepted for undergraduate classes where a
pass/fail grading system is used,
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. Safetv Shoes.
Safety shoes shall be worn by employees as required by the City, The department will
establish and furnish to the Director of Administrative Services 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.
30
The employee will be provided an allowance of $60 per fiscal year for the purchase of safety
shoes, In order to receive reimbursement, the employee must submit receipts of 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,
B. Uniforms - General.
The City will provide one (1)jacketand eleven (11) sets of uniforms for those employees who
work five (5) days per week, and seven (7) sets of uniforms for employees who work three (3)
days per week for those employees required to wear uniforms, Recreation employees may
receive sweater(s) in lieu of shirt(s) on the basis of equivalent dollar value, Employees may
elect to wear City-approved shorts during the summer. Employees electing to wear City-
approved summer attire may receive fewer than eleven (11), or seven (7) sets of standard
uniforms and shall be responsible for the maintenance of the summer attire. The City will
maintain uniforms provided to Public Services employees,
C, Uniforms - Communitv Services,
Community Services shall provide all employees with uniform shirts, which shall be replaced
on an as-needed basis. Jackets that are lost or stolen will be the employee's responsibility to
replace. Worn out jackets will be replaced by the department.
Section 3. Meal Allowance.
In the event a part-time employee is required to work in excess of twelve (12) consecutive hours,
the City shall pay the cost of a meal in the amount of $9, For purposes of determining consecutive
hours worked, meal and rest periods will be considered hours worked,
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, a non-probationary employee may be placed on special
probation; however, he/she shall have the right of direct appeal of the special probation to the City
Manager. The City Manager must be notified of the employee's desire to appeal the special
probation within ten (10) calendar days from the day the employee is placed on special probation.
31
Section 2. Safety,
The unit adopts the following by reference:
. The City has a Central Safety Committee with representatives from all units,
. The City and all employees shall comply with any applicable Federal and State law,
. 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, Temporarv Assiqnment To a Hiqher Level Vacancv.
A, Full Responsibilitv, -- An employee specifically assigned on a temporary basis to a higher
level position for the equivalent of fifteen (15) or more consecutive full-time work days 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, which payment shall be
retroactive to the first day of such services, provided, however, that the full range of duties of
the higher level position has been specifically assigned in writing on a form provided by the
City by the department Director or his/her designee. Under no circumstance shall the rate of
compensation be less than five percent (5%) above the employee's current rate of pay,
ß, Partial Responsibilitv, -- An employee specifically assigned to perform a portion of the duties
of the higher level position for the equivalent of fifteen (15) or more consecutive work days
shall receive additional pay equal to 5% of current salary, The assignment shall be in writing
and on a form provided by the City.
C. At the conclusion of such an assignment, the employee shall be restored to his/her former
classification regardless of the time involved, The employee may also be considered for
promotion to the higher position on a permanent status if it were deemed by the City to be
vacant. 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 this 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. Reassiqnment.
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 an open promotional exam.
Section 6, Lavoff and Reemplovment.
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,
32
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 days 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.
ß, In the event of two (2) 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 (2) 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 nondisciplinary 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 fora 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. Resianations.
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 within 72 hours after termination 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 five (5) 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 management actions,
33
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 (5) 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 (5) 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 (5) 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 (5) days after receiving the appeal. If the employee does not agree with the
decision reached, or if no answer has been received within five (5) 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
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
fifteen (15) working days after receiving the appeal. If the employee does not agree with
34
the decision reached, or if no answer has been received within fifteen (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.
E. Failure of the employee to take further action within the specified time limits at each level of
review, or within five (5) 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
The City and the bargaining unit agree that they are subject to and must conform to the Americans
with Disabilities Act (ADA).
Article 15. Postina of Aareement
A copy of this Agreement will be initially distributed to all employees, given to all new employees
hired into the unit after July 1, 2004, and made available at the Filtration Plant, the Operations
Center, Community Services Facilities, Human Resources, and with each department Director,
35
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 the City: For the Representatives:
James L. Bowersox, City Manager Chester Mordasini, President
California Teamsters, Local 911
Warren H. Shafer Terry Zaragoza, Chief Steward
Director of Administrative Services
Richard Dukellis Robert Bremer, Steward
Human Resources Manager
Dennis Quillen James "Archie" Penney, Steward
Assistant Director of Public Services
Don Roth, Steward
m:\director\mou-sbp2004\non-safety final.doc
36