Res 08-005
RESOLUTION NO. 08-005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA,
APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY AND THE CALIFORNIA TEAMSTERS LOCAL 911
REPRESENTING 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 memorandum of
understanding has been jointly prepared; and
WHEREAS, the City Council of the City of Poway wishes to adopt said
memorandum of understanding.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
1. That the Memorandum of Understanding, for the period January 1, 2008
through June 30,2009, between the City of Poway and the California
Teamsters Local 911, 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 this 15th day of January, 2008.
~~
Robert Emery, D~
ATTEST
RESOLUTION No. 08-005
Page 2
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO)
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution No. 08-005 was duly adopted by the City Council at a
meeting of said City Council held on the 15th day of January, 2008, and that it was so
adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD
NOES: NONE
ABSENT: CAFAGNA
DISQUALIFIED: NONE
f6~~~
City of Poway
MEMORANDUM OF UNDERSTANDING
This is the memorandum of understanding as provided for in the California Government Code
Sections 3500 through 3510, which is also known as the Meyers-Milias-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 ofthe City,
excluding the safety personnel, and represents the unit for the matters within the scope of meet and
confer, and the Bargaining Unit Representatives accept the duty of fair representation in meet and
confer and under this Agreement.
Section 2. Scope.
Meet and confer is limited to wages, hours, and other terms and conditions of employment, and
shall not include .any items not covered by this Agreement or adopted by reference in this
Agreement or any subject preempted by Federal or State law Amendments to this Agreement that
are within the scope of meet and confer shall require prior meet and confer between the Bargaining
Unit Representatives and the City
Section 3. General Provisions.
A. City Emplover-Emplovee 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.
Exhibit A
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C Citv Rights.
The rights of the City include, but are notHimited 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 Rights.
The City will make every effort to ensure that the rights of employees are protected.
E. Citv 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 E, City
Procedures.
6 Use of Citv 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.
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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 Cityto 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 ofthe 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 Savings
If any portion of this Agreement, or the application of such portion to any person or circumstance,
shall be invalidated by judicial or legislative action, the remainder of this Agreement, or the
application of such portion to persons or circumstances other than those as to which it is invalidated
shall not be affected thereby and shall remain in full force and effect.
Article 3. 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
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Article 4. Duration of Agreement
This entire Agreement shall commence at 12:00 a.m. on January 1, 2008, and terminate at 11 :59
p.m. on June 30, 2009.
At the expiration of this Agreement, in whole or in part and in the absence of a new agreement, this
unit and the City agree to continue operating under the provisions of this Agreement until such time
as a new agreement is reached, provided, however, that it has been agreed that the new
agreement will be retroactive to the expiration of this Agreement
Article 5. Wages
Effective June 30, 2008 (the pay period ending July 13, 2008). the salary schedule for all job
classifications within the Bargaining Unit will be increased by 2.3%.
We agree to reopen this bargaining agreement to discuss which portions of the Classification and
Compensation Study, if any, will be implemented and over what period of time. City and Union will
negotiate the final impact and implementation of the study results and/or recommendations.
Article 6. Leaves
Section 1. Vacation.
A Computing Annual Vacation Leave.
All employees in the unit shall be entitled to vacation leave with pay except those employees
who have served less than six continuous months in the service of the City
For the 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.
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B. Vacation Leave Accrual.
Vacation time can be accumulated to amaximum 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.
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 sick leave, the employee shall notify his/her
immediate superior or the department Director prior to or within two hours after the time set for
the beginning of duties.
An employee who is required to open facilities for the public or who is required to arrive to
work and relieve another single employee on duty shall call in within one hour prior to the
beginning of the work shift.
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Certification by the employee's physici!ln may be required in order to receive compensation
for sick leave over three (3) working days at one time if an abuse of sick leave is suspected,
or if.an unusual pattern of use has been documented and the employee has been formally
counseled regarding the pattern. This requirement is at the discretion of the department
Director with approval from the Administrative Services Director
In the event an employee does not have a sufficient amount of accumulated sick leave to
receive full compensation while absent due to illness, other accumulated leaves must be used
before the employee goes to a leave without pay status. Leave without pay may only be
granted with the approval of the City Manager
C Worker's Compensation Illness or Iniurv
Sick leave shall be used for on-duty hours used for medical evaluations, treatments, or other
medical related activities associated with a worker's compensation illness or injury If the
employee's sick leave balance is exhausted, another paid leave (e g., vacation, comp time,
etc.) will be used in its place.
D Familv Sick Leave
In the event of illness in the immediate family, an employee may use accrued sick leave not to
exceed forty-eight (48) hours in each fiscal year Immediate family shall be designated as
mother, father, spouse, domestic partner, sister, brother, and children. Employee must notify
supervisor in advance when such leave is being taken and so note on his/her time card as
well as on a Request for Leave form. An employee cannot use personal Sick Leave in place
of Family Sick Leave.
E. 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.
Example: employee used 16 hours in preceding 12 months
96 hours of annual accrual x 50% = 48 hours
48 hours - 16 used = 32 hours converted to cash
F 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:
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Calculations will be at the employee's rate of pay at the time of retirement and the
payout will not exceed $5,000.
2. Upon leaving City employment for reasons other than retirement, employee will receive
50% of all sick leave hours accrued. Calculations will be at the employee's rate of pay
atthe time of termination and payout will not exceed $2,000.
3. Upon the death of an employee, compensation for unused sick leave shall be at the
same rate as the retirement benefit. Payment shall be made to the employee's
designated beneficiary
Section 3. Holidays.
A Desiqnated Holidays.
The holidays for employees in this unit are as follows:
New Year's Day January 1
Martin Luther King Day 3rd Monday - January
President's Day 3rd Monday - February
Memorial Day Last Monday - May
Independence Day July 4
Labor Day 1st Monday-September
Veteran's Day November 11
Thanksgiving Day 4th Thursday - November
Day after Thanksgiving 4th Friday - November
Christmas Day December 25
Holidays falling on Sunday shall be observed on the following Monday Holidays falling on
Saturday shall be observed on the preceding Friday and shall be considered as the legal
holiday
To be eligible for holiday pay, an employee must be in a paid status on the day before and the
day after a holiday
B Holidav Pav.
1 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.
2. Payment of two (2) times the employee's regular rate of pay shall be paid for all
unscheduled hours worked on a Designated Holiday
3 A Water Treatment Plant Operator who works Independence Day, Thanksgiving Day, or
Christmas Day will be paid two (2) times their regular rate of pay for the first eight (8)
hours of holiday worked.
4 Full-time Community Services employees and Public Works employees in the Park
Maintenance Worker classification, who are required to work on a Designated Holiday,
will be paid two (2) times their regular hourly rate of pay for working the holiday
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5. Employees may, however, request time off in lieu of pay for a holiday worked. The times
at which an employee may take his/her holiday in lieu shall be approved by the
department Director with due regard for the wishes of the employee and needs of the
City The employee will continue to receive holiday pay for the holiday worked.
6 In addition to pay for hours worked, employees in this unit shall be paid holiday pay,
whether on or off duty, on the Designated Holidays above.
Section 4. Benefit Days.
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 in8-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. Employees who terminate
employment shall be paid in a lump sum for the value of any remaining benefit days.
Section 5. Bereavement Leave.
In the event of a death in the family, regular and probationary employees shall be eligible for up to 5
days off with pay to attend the funeral or make funeral arrangements, subject to the following
provisions:
A. The relatives designated shall include father, mother, wife, husband, brother, sister, daughter,
son, grandparents, grandson, granddaughter, and brothers and sisters having one parent in
common. It shall also include "in-law" relatives 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 for 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. Pay for compensable bereavement leave shall be in the same amount as pay for sick leave
for the same period.
C 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.
D It is not chargeable against sick leave.
E. 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.
F 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.
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Section 6. Jurv Duty
Employees shall be compensated at the regular rate of pay for .serving jury duty during the
employee's scheduled work hours. The duration of jury duty and hours to be compensated shall be
in accordance with City policy and the Personnel Rules.
Article 7. Pavroll and Work Week
Section 1. General.
A Reoular 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
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
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For the purpose of computing overtime, hours of vacation, sick leave and holiday shall be
considered as hours worked.
Section 3. Compensatorv 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 for the remainder of that fiscal year and will only be eligible for cash
compensation for overtime worked for the remainder of the fiscal year
B. CTO Carrvover.
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.
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.
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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 start work 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
For employees working an alternate work schedule (9/80) the workweek shall begin and end four
hours into each employee's work schedule on his or her alternating regular day off
Article 8. Benefits
Section 1. Hospijal and Medical.
The first day of the month following date of hire, an employee, upon proper application and
acceptance, shall be covered by health and dental benefits with coverage as set forth from time to
time in the agreement between the City and the carrier(s).
Health benefit premiums for each employee shall be paid in full by the City Dependents of each
employee may also be covered by health benefit coverage, upon proper application and
acceptance. The cost of dependent coverage of the medical and dental plan will be shared equally
between the City and the employee. The employee's share of the cost will be made through payroll
deduction. The parties to this Agreement agree to work with the City Insurance Committee to keep
the overall cost of future premium increases to a minimum.
Section 2. Eve Care.
The City will provide an eye care plan. The City shall pay 100% of the premium for the employee
and hislher 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 as determined by the insurer
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.
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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 Program.
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, before and after
school care, and other plan-design options.
Section 6. Deferred Compensation.
A. 457 Plan
Effective July 1, 2008, the City will provide a dollar-for-dollar match for the first five hundred dollars
($500) an employee contributes to the 457 deferred compensation plan each fiscal year
B. 401(a) Plan
The City will provide a 401 (a) Deferred Compensation Plan. One ofthe City's purposes in providing
this benefit is to help employees pay for medical costs when they retire. The City will contribute $38
per employee per biweekly pay period to the 401 (a) plan. 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 dale 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 Pay
Section 1. Tuition Reimbursement.
The actual cost paid for tuition, books and required technical supplies and equipment, to a
maximum of $1 ,500 per fiscal year per employee, will be refunded to all regular City employees for
professional and technical courses in accredited educational institutions provided that:
1 The employee has received at least a satisfactory rating on his/her last performance
report.
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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 proof of payment and
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 and Development 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 eleven (11) sets of uniforms for those employees required to wear
uniforms, except Community Services employees. City-provided uniforms shall mean any
combination of pants or shorts and uniformed shirts or tee shirts totaling 11 sets. One set of
City-provided uniforms shall mean one (1) pair of pants or shorts, and one (1) uniformed shirt
or tee shirt.
Employees electing to wear City-approved summer attire shall be responsible for maintaining
the summer attire. The department Director shall determine the type and standards of
maintenance for summer attire.
Replacement of tee shirts shall be provided on a one-for-one basis as determined by the
appropriate division manager
13
C Uniforms - Recreation Emplovees.
The City will provide eleven (11) shirts and one (1) jacket for Community Services employees
who work five (5) days per week, and seven (7)' shirts and one (1 )jacket for employees who
work three (3) days per week, for those employees required to wear uniforms. Community
Services 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.
Community Services shall provide all employees with new uniform shirts, which shall be
replaced on an as-needed basis. It is the employee's responsibility to replace lost or stolen
jackets. The department will replace worn-out jackets.
D Uniforms - Park Rangers.
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 and Administrative Services employees generally assigned to fieldwork shall
receive one (1) jacket per fiscal year on an as-needed basis as determined by the division
manager
F The City shall determine maintenance standards for uniforms and equipment, 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.
B 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
14
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 each pay period 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.
2. List members shall meet the following qualifications:
a. Must reside within a community that allows an approximate 30-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. Cross-Connection Specialist, 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. The duty roster will be scheduled as follows with the participation of list members:
a. Scheduled 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 070D hours
the following Monday, and the 24 hours of a City-observed holiday
6 A two-hour minimum will be paid for each call-out.
a. Time starts for the call-out when the duty person receives the call from the
Filtration Plant
15
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.
d. Weekday and Saturday call-out time will be paid at one and one-half (1-1/2) the
hourly rate of pay
e. Sunday and holiday call-out time will be paid at double the hourly rate of pay
Holidays will be rotated equally among those persons on the list inasmuch as
possible.
7 It is agreed that if this procedure does not operate to the satisfaction of the Director of
Public Works, the procedure is subject to be revised as necessary following consultation
with representatives of the Union. It is understood thatthis 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 the 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 firstperson(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.
16
4 Employees who are assigned standby duty may request the use of a City truck. The City
truck shall be available to the employ~e during standby for use as is necessary to
ensure thatthe 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 personnel who have agreed to stand by
for callback as required. Each employee shall be paid each pay period 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.
2. List members shall meet the following qualifications:
a. Must reside within a community that allows a reasonable response time to an
emergency, as determined by the Director of Public Works.
b. Must be rated as a Utility Systems Mechanic, Utility Systems Technician, or Senior
Utilities Systems Technician, and approved by the appropriate division manager
with the concurrence of the department Director Once an employee leaves a
position in these class series, all rights to on-call time are forfeited.
3. The duty roster will be scheduled as follows with the participation of list members:
a. Scheduled 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 0600 hours the following
workday during the workweek. During weekends from 1530 hours Friday to 0600 hours
the following Monday, and the 24 hours of a City-observed holiday
17
6 A two-hour minimum will be paid 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.
d. Weekday and Saturday call-out time will be paid at one and one-half (1"1/2) the
hourly rate of pay
e. Sunday and holiday call-out time will be paid at double the hourly rate of pay
Holidays will be rotated equally among those persons on the list inasmuch as
possible.
7 It is agreed that if this procedure does not operate to the satisfaction of the Director of
Public Works, 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.
D 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 the 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.
18
Section 6. Shift Differential.
A. Filtration Plant Emplovees.
Filtration Planl'employeesrequired to work the afternoon and evening shift (3 p.m. to 11 p.m.)
and the night shift (11 p:m. to 7 ~.m.) shall be entithid:to,receive shift differential pay of 7 5%
in addition'totheir regular rate of pay Filtration PI~ntemployees assigned to work the forty-
. . . .. . -
eight (48) hourweek!lnd 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.
B Public'Works Emplovees.
Public Works-employees in the Park Maintenance Worker c1~.s.sificationwhoare assigned a
work sc;he,dule beginning at'cih3fter 11.30 a.m. which requires..them to work a shift that ends
between the hours of 3:30, p.m, and 5 a.m. shall be entitled to shift differential pay of
$0 79/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 nonmal work schedule on
the following day
C Community Services Emplovees.
Community Servicesemp!oyees.in the Park Ranger and Senior Dock Attendant classifications
Who are assigned a work ,schedUle beginning ator after 11:30'.a.m. which requires them to
workiashifHhatends between 3'30 p.m. and 5 a.m. shall be entitled to shift differentiaLpay of
. . , --
$0 70/hour ih addition.to.theirTegularhourly rate of pay regardless of when the employee's
meal period'is scheduled. HoWever, if the meal period isschecLuled outside these hours, the
employee will be paid shift differential only for tne hours actually worked.
D General.
Employees scheduled to work during the general office hours of 8 a,m. 10 5 p.m. will.not
receive shift'differential paY-for hours worked between 3.30 p.m. and 5 p.m.
Section 7. C<iIl:Sack Time.
Employees'called'pa':;kto w.ork after expiration oftheir normalw'ork day or work week to perform
em'erg'encyWork;shallbe guaranteed minimum call-back time of two (2) hours at the appropriate
overtime :rate
Section 8. HVAC'Certificalion Pay
Emplbyee(s) ili the claSSifications of Facilities Technician and/or Facilities Maintenance Crew
~.eader m~ybe assigned to perform HVAC-related duties, subject'to certification in TAC Vista
Operations.
19
Employee(s) assigned .to the HVAC"related duties and who receive the TAC Vista Operations
certification shall receive a salary differential of 10% above their salary range and step
The number of positions selected for this assignment shall be at. the sole discretion of the Director
of Public Works, .subject to City Manager approval, in accordance with the needs of the City
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 [_ejected 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 recomfTlendation of hislhersupei'visor and with the concurrence of the department director, a
non-probationary employee '.may be placed on special probation. Ahemployee.placed on special
probation hils'ttie right of direct appealto'lhe City Manager. Ifih,e'employee intends to appeal,
he/she mustinform-the City Manager,6f that intention within ten (10) calendar days from the date
the employee is placed on special probation.
Section 2. Safety,
The unit adopts the following.by reference
X The City has a Central Safety Committee with representatives from all units,
X The City and all employees shall comply with any applicable Federal and State law:
X The City and all e,mployees~ha!l.comply with any policya'lid/orprocedure that may from time
to time be promulgated by the City Council.
Section 3. Temporary Assiqnment Toa Hiqher Level Vacancy.
A. Full Responsibility.
An employee, specifically assigned on a temp?rarybasistothefull range of dutiesofahigher
level position, inWhich'<there is no appointed incumbent or in which ihe incu.mbent is on paid
or unpaid leav~ tor'fiftElen ,(1'5) or'more consecutive Working days, shall be compensated at
the A step rate 6fpayJor'the.higherlevel position. PaYrnen! shall be retroactive to the first
day of such se'i'vices. Thefull,rahgeofduties of the higher,levei position shaH be specifically
assigned in wriiingby 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
20
B Partial Responsibility.
An employee specifically assigned to perform a port!on of t!1e duties of the higher level
position for fifteen (15) or m6reconsecutive 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 An employee will continue to receive special pays and allowances provided under the
employee's regular permanent assignment during any temporary assignment.
D For purposes of determining the period of 15 consecutive days, holidays, vacation, and sick
leave'will apply toward hours worked.
E. At the conclusion of such arloassignment, 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. l'his provision shall' not be applicable to bona fide education, training and
developmenl.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 perioqs wilLbe permitted at scheduled intervals; and insofar as practicable
and consistent with .operationarinterests.
An employee shall be notified whether his meal period is considere,danon-duty me<!1 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 employel;l transferring from thi~ unit to another unit shall maintain:all pay and benefrts accrued in
this unit, and upon the effective date of-transfer thereafter be govemed by the provisions of any
policy and/or agreement in effecHo'r such other unit.
Section 6 Heassiqnment.
If a reassig!lment<withil1the unit would result in an employee being reassigned to a class:having
a higher salary'range, the City will fill the position through an exam.
Section 7 Lavoff and Reemployment.
The Citymayoab61ish any'pbsition or employment, and the employee may be laid offwilhout.taking
disciplinary'actlon anq:W!thou.Hhe\jghtof appeal. The City agrees to meet withithe Union 30 days
prior to tne issuance of any layoff notice for the purpose of confer!ing oyer the imp'act and
implementatjofl of'~aid layoff'aridto discuss alternativesand'options. However, the City Manager
shall retain thefinaldecision with respect to the classification and numbers of-employees to be laid
off
Whenever it becomes necessary to reduce the number of employees in any classification, all
persons to be laid off,shall be given at least ten- (10) calendar days prior notice, and the order of
layoff shall be as follows:
21
A. In order of seniority, the e'mplo\iee with the shortest service in total City service in the affected
classification shall be laid off first.
B In the event of'two(2) or more employees having identical total City service seniority, the
order of layoff will be deiermined 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 sh'all be determined by the City Manager on the basis of performance.
D Employees to be laid off in a particular classification have th~ right to demote toa lower
classification to a position previously held wrth the City for which the employee meets the
minimum qualifications, is ca.pable of performing the essential functions of the position, and
has City seniority over other'einployees in the lower classification. This will also'apply to
employe.es to be laid off in a. particular classification who have demoted from a higher
classification due to non,disciplinary reasons. Such employe~s shall be placed, on the
seniority list for the higherclassification 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'C1assification.
E. The nameofeachJaid-off employee shall be placed on a reemployment list for a. period of 12
months in reverse.orderof layoff. Employees who are laid off who have received two out of
three consecutive. annual per;for!J1ance evaluations that are rated b'elow standards or needs
improve'ment will be placed allhe 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'litleof 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 UlilitiesCrewl,eader; and
Wastewater Utilities Wofker 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 oemonstrate a satisfactory
skill leverforthe c1assification,'and be able to perform the'essential functions of the job The
Human Resources Manager shall detemnine if the employee meets these requirements.
Section 8. Resiqnations.
An employ'ee!w-'~.h.ing'tg [e.?ign 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 wil[pay'an employee for allhours worked on the next regular.payday after resignation, and
will thereafter pay'all accumulated reimbursable benefits as early as feasible
An employee who has resigned_wiih a.good record will be given P.feferenti~l,considera,ion forrehire
if a P9~ition is available. Decisit;?n,to reliire is at the discretion of-the Cfty,andthe employee will not
reestablish rights and/orbenefits'lost atthe time of resignation.
22
An employee With' at least five (5}iyears service who resigns in good standing and is reemployed
within a two (2) year period to the same or equal positionpreYiously held, shall be eligible to earn
and use vacatiolJ, 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.
B To afford employees individuaily,or through the BargainingUnitRepresentatives 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,
Seclion'2. Scope.
A grievance shall be considered as any matter for which appeal is not elsewhere provided for or
prohibited, concerning:
A. A dispute about the interpretation or application of this ,'Agreement or of any ordinance,
resolution, rule..or regulation.governing personnel procedures or working conditions
B, A disputeaboutthe practicai consequences of a City decision on wages, hours and other
terms and conditions of employinent.
C A decision affecting the empioyment of any permanent or probationary employee bver which
the department Director has partial or complete jurisdiction.
Section 3. Procedure
A. Informal GiievanceProcedure - An employee who has a. problem or complaint should'firsttry
to get it settled through disclissibhwith hisltler immediate supervisor without unduecgelay,.lf
. '.
this'discussion does not satisfactorily resolve the problem, the employee may discuss it with
the .superylsor's 'immediate superior Every effort .shoul!Jbemade to find an acceptable
, . .
solu,tion by iiiformal:means,atthe lowest appropriate level of supervisiof). If the employee is
not in agreemer;Jt V>ijth.t.he,ded~on reached by discussion, he/she shall then have the right to
.file a fOfmalgrievance in wriiing within five (5) calendar days after receiving the informal
decision bf his immediate superior
B Formal Grievance P,rocedure.
1 First Level of Review' A grievance shall be presented in writing to the employee's
immediate'super\iisor, who shall render a decision and comments in writi.ng and return
them to theemploY~e \Vi!hin five (5) days after receivinitthe grievance If the' employee
does not agree with his/her supervisor's decision, or ifno answer has been received
within five (5) .days, the employee may present the appeal in writing to hislher
department 'Director
23
2. Second Leyel' of Review' The department Director receiving the grievance, or his/her
designated representatiye, should discuss the grievance with the employee, his/her
representative; ;fany, and with other appropriate persons. The department Director shall
-. .,.- . -
reiiderhis/her decision and comments in writing, and returntheiri 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'c;ity Manager receiving the grievance, or his/her designated
representative, should'discuss the grievance with theef!1ployee, his/her representative,
ifany; and with othElr appr<?priate persons. The City~Manager may designate anyperson
or persons to adVise him/her concerning the appeaL T~t;lCity Manager shall render
his/her decision and coin'ments in writing, and return them.to the employee within fifteen
(15),wbridng days, after receiving the appeal. If the employee does not agree with the
deci~ion reached, or if no,answer has been receiyed within fifteen (15) working days,
he/she may present the' appeal in writing to the CitYCouncil.
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. Conduclof Grievance Procedure.
A, Day as.used'in this procedure means calendar day, unless,specified to the contrary
B The time lim.its specified in this:procedure may be extended atanylevel of review toa definite
date by mutual agreementofthe'employee and the reviewer'concerned
C The employee may reques,t 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:determinedby the City Manager in conferring about and presenting the appeal.
E. Faihire.ofthe employeeJo'take further action within the specified time limits al'each level of
review, or within five (5) days if no decision is rendered, shall constitute withdrawal' of the
grievance.
F Enhployeesishall.be assured freedom from reprisal for'using the grievance procedure.
Article 12. Relirementand Social Security
The City will provide'reiirement benefits through the California Public Employees' Retirement
System (CaIPERS) The City does not participate in the Social Security System, except as required
by Law
The City,~i1!pay~evenp'ercent (7%),ofthe employee's contribution into CalPERS in addition to the
normal employer's contribution, The,seven percent (7%) paymentsnalJ:be made to CalPERS in the
name ofthe einployeetO be creditedlothe employee's account. with CalPERS
24
The Cilywill provide under its contract with CalPERS 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.
Upon retiremenlfrom the City of poway folloWing at/east?O years, of. service, the City also provides
a supplemental PARS administered benefit applied to Poway and all prior CalPERS service with
previous public agencies, When combined with CaIPERS, this is the equivalent ofthe 2.7% @ 55
formula total retirement benefit.
The PARS supplemental benefit is also provided to employees' in itiis. Bargaining Unit Who'
(1) are at ieast58 years of age
(2) were hired prior to July '1, 2004
(3) have completed 15 years of;service, and
(4) retire from the City and CalPERS concurrently no later than January 1. 2009
'Article 13. Personnel Rules.
All other employee rights, privileges, and benefits are included'in'lhePersonnel Rules of theCily of
Poway
Article 14. Job Actions,
The Ullion agrees not to strike orcitherwise engage in withhol~ing services or conce'rted action
during the,term ofthis Agreement. Also, the City agrees not to lock out the employees,
Article 1'5., Americans with Disabilities Act
The City and the bargaining unit agree that they are subjectto and must conform to the Americans
with Disabilities Act (ADA)
25
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 andnori-confidential employees.'of the
City, excluding the safety personnel, and represents the uDit for'\he matters within the scope of
meet and confer., andthe'Bargaining;UnitRepresentatives accept the duty of fairrepresentation in
meet and confer and under this Agreement.
All Sections (1 through 3) of Part I of-this Agreement shall apply to all regular part-time employees.
Article 2. Severability and Savings.
All ofArticle,2, Part I, of this Agreement shall apply to all regular part-time employees
. Artic Ie 3. Sympathy Action.
All of Article'3, Part I, of this Agreement shall apply to all regular part'time employees.
Article,4. Duration of AQreemeilt.
This.entire Agreement shall commence at 12 a,m. on January 1,2008 and terminate at 11'59 p m.
on June 30, 2009
At the expiration,ofthisAgree,ITIe.!1t,;iowhole or in part and in the absence of a new agreement, this
unit.and.the City agree.;to'continue,operating under the provisions oftl1.is Agreement until:suchtime
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. Walles.
The position c1assification.s are established at the salary ranges indicated in Article 5, Part I, of this
Agreement.
Effective ~u(le3o., 2g08.(the PClY periOd ending July 13. 2008), the salary schedule for all job
classifications within the~Bargaining Unit will be increased by 2.3%.
We agree to'Teol?e'1 tillS baf9a.i.riing,agre~ment to discuss which, portions of the. Classification and
'CompensalionStudy, ifany,will be implemented and over what period of time, City afld Union will
- .
negotiate the final impact and implementation of the study results and/or recommendations
26
Article 6. Leaves.
Section 1. Vacation.
A. ComputinQ AnnualVacation Leave.
Part-time employees in the unit. shall be eligible to receive vacation leave accrual after two
years of employment.
Annual vacationleaye shall be computed in accordance'with.the following schedule.
Years of Continuous
Emplovment Vacation Leave Credits
2 through 5 years 48 ho'urs per year or 1,846 hours per pay period for 26 pay periods.
After 5 years 60 hours per year or 2308 hours per pay period for 26 pay periods.
After 10 years 72 hours per year or 2769 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 :~ccrual reaches the maximum level, the employe'e will stop
accruing additional vacation'leave until such time as the employee uses vacation leave below
the mClximum level. At that time, the employee will begin accruing additional leave from that
poinlforViard.
Employees who havereach~d maxi.mum accrual can.requesl'a review by their department
Director in the event a vacation. request is denied. The department Director shall'bethe'final
level of appeal. The Director shall not unreasonably withhold approval.
C Use of Vacation Time.
the times at '(Vhich <!n ~mployee may take vacation shall,be determined by the department
Directorwith due regard'for the wishes of the employee and particular regard for the heeds of
the City
In the'everiL6ne:br more holidays fall within a vacation leave period, the holidays shall'not be
chargeq as vilfatiQnleave, and the vacation leave shall be extended accordingly
D Payout of'Va'cation 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,
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Section 2. Sick Leave.
A. Sick Leave Accrual.
Sick leave with;paymay begranted.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 eighl(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.
B Notification.
In order to receive compensation while absent on sickieave, the employee shall notify his
'" '., . . . -
immediate superVisoro~ 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 op~n facilities for the public,or who is required to arrive to
work and re!i~ve anoth~rsing\eemployee on duty shall call in within one hour prior to the
beginning ofthe'work shift.
Certification by the empil?,yee:s physician may be required.in,'order to receive compensation
for sick leave over three (3)'working days at one time if an abuse.of sick leave is,suspected or
if an unusual pat!efn of ~se has been documented and the employee has been formally
counseled regarding the pattern, This requirement is at the discretion of the department
Director with approvalfiomthe.Administrative Services Director
In the event'an employee does not have a sufficient amount of'accumulated sick leave to
receiv_eJyll.comperisation,Whileabsent due to illness, other accumulated leavesrll.ustbe used
before !he"~n:'ployee~go~s to'a leave without pay status. Leave without pay may only' be
granted with the approval o(the City Manager
C Worker's Compensation Illness' or Iniury
Sick,leave shall be used foron-ctuty hours,used for medical evalu.ations; treatments, or other
medical. rE~lil!ed ,'?<:tiyiti,es '<lssociated with a worker's compensation iiiness or injury Ifthe
employee:s'sick leave balance is exhausted, another paid leave.(e.g., vacation, comp time,
etc;):will be used~ii1 its place.
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D Family 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, domestic partner sister, brother, and children, Employee must notifY supervisor in
advance when such leave is being taken and so note on his/her time card and Request for
Leave of Absence form, An employee cannot use personal Sickteave in place of Family Sick
Leaye.
E. Payout 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 leaye 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
the payout will not exceed $2,000
2. Upon leaYing the City employment for reasons other than retirement, a part-time
employee will receiye 25% of all hours accrued. Calculations will be at the employee's
rate of pay at the time of termination and the payout will not exceed $1,000
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. Holidays.
A. Desiqnated Holidays.
The holidays for employees in this unit are as follows:
New Year's Day January 1
Martin Luther King Day 3rd Monday - January
President's Day 3rd Monday - February
Memorial Day Last Monday - May
Independence Day July4
Labor Day 1 st Monday - September
Veterans' Day Noyember 11
Thanksgiving Day 4th Thursday - November
Day after Thanksgiving 4th Friday - November
Christmas Day December 25
Holidays falling on Sunday shall be observed on the following Monday Holidays falling on
Saturday shall be observed on the preceding Friday and shall be considered as the legal
holiday
To be eligible for holiday pay, an employee must be in a paid status on the day before and the
day after a holiday
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B Holiday Pay.
Part-time employees shall receive regular pay for hours worked on a Designated Holiday
Part-time employees will be eligible to receiye holiday pay after two years of employment. To
be eligible for holiday pay, an employee must be in paid status in the pay period that includes
the Holiday
Partctime employees shall receiye four (4) hours holiday pay, whether on or off duty, on the
ten Designated Holidays listed above
Section 4. Bereavement Leave.
In the event of a death in the family, regular and probationary employees shall be eligible for a pro-
rated amount oftime off with pay (e,g., 20 hours for half-time employees and 30 hours for three-
quarter time employees) to attend the funeral, or make funeral arrangements, subject to the
following proYisions:
A. The relatives designated shall include father, mother, wife, husband, brother, sister, daughter,
son, grandparents, grandson, granddaug~.ter, and brothers and sisters having one parent in
common. It shall also include "in-law" relatives and those relationships generally called "step"
providing persons in such relationships hElVe lived or haye been raised in the family. home and
have continued an actiye family relationship. An employee may be eligible to use
bereavement leave for 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 Pay for compensable bereavement leave shall be in the same amount as pay for sick leaye
for the same period.
C Bereavement leave is not compensable when the employee is on leaye of absence, yacation,
bona fide layoff, or for days falling outside the employee's regular work period.
D It is not chargeable against sick leave,
E. All requests for paid bereavement leave shall be made in writing as soon as practical but in no
event later than the first day back to work, and shall be subject to approval of the Human
Resources Manager or designee.
Section 5. Jurv Duty
Employees shall be compensated at the regular rate of pay for serving jury duty during the
employee's scheduled work hours. The duration of jury duty and hours to be compensated
shall be in accordance with City policy and the Personnel Rules.
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Article 7. Payroll and Work Week
Section 1. General.
A. Reqular Paydays.
Regular paydays are designated as eyery other Friday for the two-week period ending the
preyious 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
For employees regularly working less than 40 hours in one week, or designated as part-time
or temporary employees, theTegular number of working or duty hours in a work week shall be
that number of hours for which they are scheduled to work.
B. Community Services Work Schedules.
Work schedules for Community Services employees and Public 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 leaye,
emergency leaye or unayailability 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 oyersight 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,
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Section 3. Compensatory Time Off {CT01.
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 oyertime 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 eyent an employee accrues 80 hours of
compensatory time in anyone fiscal year, the employee will be ineligible, to work overtime for
compensatory time off for the remainder of that fiscal year and will only be eligible for cash
compensation for overtime worked for the remainder of that 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.
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 receiyed, and will also notify the City promptly to stop the dues 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 coyerage.
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.
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Section 2. Eye Care.
The part-time employee may elect to be covered by the City's yision 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 coyered 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 A. Flexible Benefits Proqram.
The City will maintain a Flexible Benefits Program in accordance with applicable IRS statutes in
order to proYide 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
Program may include reimbursement accounts consisting of child/dependent care, before and after
school care, and other plan-design options.
Section 5. Retirement and Social Security
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 the California Public Employees' Retirement System (CaIPERS), The City
does not participate in Social Security, except as required by law
C The City will pay seven percenl'(7%) of the employee's contribution into CalPERS in addition
to the normal employer's contribution. The seven percent (7%) payment shall be made to
CalPERS in the name of the employee to be credited to the employee's account with
CalPERS
The City will provide under its contract with CalPERS the following provisions:
1 the Third Leyel1959 Surviyors Benefits;
2. the retirement benefit of 2%-at-55 formula; and
3 the One Year Final Compensation option,
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Section 6, Deferred Compensation.
Effective July 1, 2008, the City will provide a dollar-for-dollar match for the first five hundred dollars
($500) an employee contributes to the 457 deferred compensation plan each fiscal year
Article 9. Special Pay
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 fiye (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 proof of payment and eyidence
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 ayerage 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 Eauipment.
For employees in the Lake Operations, Park and Landscape Maintenance Diyisions, 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,
The employee will be provided an allowance of $80 per fiscal year for the purchase of safety
shoes. In order to receiye 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
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B. Uniforms - General.
The Cify will provide one (1) jacket and eleven (11) sets of uniforms for those employees who
work fiye (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
receiye sweater(s) in lieu of shirt(s) on the basis of equivalent dollar yalue, Employees may
elect to wear City-approved shorts during the summer Employees electing to wear City-
approved summer attire may receiye fewer than eleven (11), or seven (7) sets of standard
uniforms and shall be responsible for maintaining the summer attire. The City will maintain
uniforms provided to Public Works employees, except for tee shirts.
C Uniforms - Community Services.
Community Services shall provide all employees with uniform shirts, which shall be replaced
on an as-needed basis. It will be the employee's responsibility to replace lost or stolen jackets
Worn-out jackets will be replaced by the department.
Section 3. Meal Allowance.
In the eyent a part-time employee is required to work in excess of twelye (12) consecutiye 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 periodswill 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 and with the concurrence of the department director, a
non-probationary employee may be placed on special probation. An employee placed on special
probation has the right of direct appeal to the City Manager If the employee intends to appeal,
he/she must inform the City Manager of that intention within ten (10) calendar days from the date
the employee is placed on special probation.
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Section 2. Safety
The unit adopts the following by reference:
X The City has a Central Safety Committee with representatives from all units.
X The City and all employees shall comply with any applicable Federal and State law
X 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 Assicmment To a Hiaher Level Vacancy
A. Full Responsibilitv. -- An employee specifically assigned on a temporary basis to the full
ranae of duties of a higher leyel position for the equiyalent of fifteen (15) or more consecutiye
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 leyel
position. Payment shall be retroactive to the first day of such services. The full range of duties
of the higher-Ieyelposition shall be specifically assigned in writing. Under no circumstance
shall the rate of compensation be less than five percent (5%) above the employee's current
rate of pay
B. Partial Responsibility. -- An employee specifically assigned to perform a portion of the duties
of the higher level position for the equivalent of fifteen (15) or more consecutiye work days
shall receive additional pay equal to 5% of current salary The assignment shall be in writing
and on a form proYided by the City
C An employee will continue to receive special pays and allowances proYided under the
employee's regular permanent assignment during any temporary assignment.
D At the conclusion of such an assignment, the employee shall be restored to his/her former
classification regardless of the time inyolved. 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. 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.
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Section 6 layoff and Reemployment.
The City may abolish any position or employment amI 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 oyer 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.
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 Wheneyer 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 preYiously 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 oyer other employees in the lower classification. This will also apply to
employees to be laid off in a particular classification who haye demoted from a higher
classification due to nondisciplinary reasons, Such employees shall be placed on the
seniority list for the higher classification proYided they still meet the minimum qualifications,
are capable of performing the essential functions of the position, and have City seniority over
other employees in the higher classification.
The name of each laid-off employee shall be placed on a reemployment list for a period of 12
months in reyerse order of layoff. Employees who are laid off who have receiyed two out of
three consecutive annual performance eyaluations 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 ResiQnations.
An employee wishing to resign in good standing shall file with the department Director a written
resignation stating the effective date and reasons for resignation at least two weeks prior to the
effective date of resignation.
The City will pay an employee for all hours worked on the next regular payday after resignation and
will thereafter pay all accumulated reimbursable benefits as early as feasible.
An employee who has resigned with a good record will be given preferential consideration for rehire
if a position is available Decision to rehire is at the discretion of the City, and the employee will not
reestablish rights and/or benefits lost at the time of resignation.
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An employee with the equivalent of at least fiye (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 leaye, 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.
B. To afford employees indiYidually 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 grieyances shall be settled as near as practicable to the point of origin.
Section 2. Scope.
A grieyance 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 oyer 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 firsttry
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 leyel 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 fiye (5) calendar days after receiving the informal
decision of his/her immediate superior
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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, hislher.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
0 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.
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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. PostinQ of AQreement
A copy of this Agreement will be initially distributed to all employees, given to all new employees
hired into the unit after December 20, 2007 and made available at the Filtration Plant, the
Operations Center, Community Services Facilities, Human Resources, and with each department
Director
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:
Rod Gould, City Manager Chester Mordasini, President
California Teamsters, Local 911
Tina M. White Rob Bremer, Chief Steward
Director of Administrative Services
Dennis Quillen Ted DeBont, Steward
Assistant Director of Public Works
Don Roth, Steward
M\Director\MOU\2008\Agenda Docs\Non-Safety MOU 2008 clean.doc
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