Res 10-043RESOLUTION NO. 10 -043
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY AND THE CALIFORNIA TEAMSTERS LOCAL 911
REPRESENTING NON - SAFETY EMPLOYEES AND APPROVING THE
SALARY AND BENEFIT PLAN FOR MANAGEMENT /CONFIDENTIAL
EMPLOYEES
WHEREAS, representatives with 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 prepared for employees represented by the California Teamsters
Local 911; and
WHEREAS, it is necessary to designate the salaries and benefits of the management,
supervisory, professional, and confidential employees of the City of Poway; and
WHEREAS, the City Council of the City of Poway wishes to adopt said MOU and
Salary and Benefit Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
1. That the MOU between the City of Poway and the California Teamsters
Local 911, attached hereto as Exhibit A, is hereby adopted retroactive to
July 1, 2010 and shall be in effect through June 30, 2011.
2. That the Management/Confidential Group Salary and Benefit Plan,
attached hereto as Exhibit B, is hereby adopted retroactive to July 1,
2010 and shall be in effect through June 30, 2011.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a
regular meeting this 6th day of July, 2010.
Don Higginson, Mayor
A EST:
Lin . Troyan, MMC, City Clerk
RESOLUTION NO. 10- 043
Page 2
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. 10 -043 was duly adopted by the City
Council at a meeting of said City Council held on the 6th day of July, 2010, and that it was
so adopted by the following vote:
AYES: BOYACK, CUNNINGHAM, KRUSE, HIGGINSON
NOES: NONE
ABSENT: NONE
ABSTAINED: MULLIN
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF POWAY
AND
THE NON - SAFETY EMPLOYEES
Effective July 1, 2010
EXHIBIT A
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 of the
City, excluding the safety personnel, and represents the unit for the matters within the scope of
meet and confer, and the Bargaining Unit Representatives accept the duty of fair representation
in meet and confer and under this Agreement.
Section 2. Scope.
Meet and confer is limited to wages, hours, and other terms and conditions of employment, and
shall not include any items not covered by this Agreement or adopted by reference in this
Agreement or any subject preempted by Federal or State law. Amendments to this Agreement
that are within the scope of meet and confer shall require prior meet and confer between the
Bargaining Unit Representatives and the City.
Section 3. General Provisions.
A. City Employer- Employee Relations Resolution.
The Bargaining Unit Representatives herein adopt by reference the City
Employer - Employee Relations Resolution in its present form and as it may be from time to
time amended by the City Council.
B. Construction.
The rights, powers and authority of the City Council in all matters shall not be modified or
restricted except as provided for in this Agreement. In interpreting the language of this
Agreement, first the plain meaning of the language shall prevail; then the intent of the
parties shall be considered; then the trade or industry usage of the language shall be
considered.
C. City Rights.
The rights of the City include, but are not limited to the exclusive right to determine the
mission of its constituent departments, commissions, committees, and boards; set
standards of service; determine the procedures and standards of selection for employment
and promotion; direct its employees; take disciplinary action; relieve its employees from
duty because of lack of work or for other legitimate reasons, maintain the efficiency of
operations; determine the methods, means and personnel by which operations are to be
conducted; set work schedules; determine the content of job classifications; take all
necessary actions to carry out its mission in emergencies; and exercise complete control
and discretion over its organization and the technology of performing its work.
D. Employee Rights.
The City will make every effort to ensure that the rights of employees are protected.
City Procedures.
The Bargaining Unit Representatives recognize and hereby adopt by reference the
following City procedures:
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 EF, City Procedures.
6. Use of City Facilities Employee organizations may, with prior approval of the City
Manager or designee, be granted the use of City facilities during nonworking hours
for meetings of City employees provided space is available, and provided further
such meetings are not used for organizational activities or membership drives of City
employees.
7. Availability of Data. The City will make available to employee organizations such
non- confidential information pertaining to employment relations as is contained in
the public records of the agency, subject to the limitations and conditions set forth
herein and in the California Government Code.
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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:
Personnel, medical and similar files, the disclosure of which would constitute
an unwarranted invasion of personal privacy or be contrary to City Policy;
b. Working papers or memoranda which are not retained in the ordinary course of
business or any records where the public interest served by not making the
record available clearly outweighs the public interest served by disclosure of
the record;
C. Records pertaining to pending litigations to which the City is a party, or to
claims or appeals that have not been settled.
Nothing herein shall be construed as requiring the City to do research for an inquirer
or to do programming or assemble data in a manner other than usually done by the
City.
make available bulletin board space on
general employee information for the use
and City's email system. The City shall
existing bulletin boards designated for
of the employee organization in posting
notices, following approval of the City Manager. The City and Union will establish a
list of locations. which will be maintained by and on file with the Human Resources
be used
Layoffs.
The City agrees to meet with the Bargaining Unit Representatives 30 days prior to
issuance of any layoff notices for the purpose of conferring over the impact and
implementation of said layoffs and to discuss alternatives and options. However, the City
Manager shall retain the final decision with respect to the classifications and number of
employees to be laid off.
Article 2. Severability and Savings
If any portion of this Agreement, or the application of such portion to any person or
circumstance, shall be invalidated by judicial or legislative action, the remainder of this
Agreement, or the application of such portion to persons or circumstances other than those as
to which it is invalidated shall not be affected thereby and shall remain in full force and effect.
Article 3. Sympathy Action
During the term of this Agreement, neither the Bargaining Unit Representatives nor any person
or persons covered by this Agreement shall engage in any sympathy action or action of any
type in support of any other unit or units, person or persons, or employee organizations not
having an Agreement in effect with the City.
Article 4. Duration of Agreement
This entire Agreement shall commence at 12:00 a.m. on JaRuary a, 280BJuly 1 2010, and
terminate at 11:59 p.m. on June 30, 200911.
At the expiration of this Agreement, in whole or in part and in the absence of a new agreement,
this unit and the City agree to continue operating under the provisions of this Agreement until
such time as a new agreement is reached, provided, however, that it has been agreed that the
new agreement will be retroactive to the expiration of this Agreement.
Article 5. Wages
Wages shall be paid in accordance with the salary schedule for all iob classifications attached
hereto as Exhibit A.
Article 6. Leaves
Section 1. Vacation.
A. Computing Annual Vacation Leave.
All employees in the unit shall be entitled to vacation leave with pay except those
employees who have served less than six continuous months in the service of the City.
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 Employment Vacation Leave Credits
1 through 5 years 96 hours per year or 3.692 hours per pay period for 26 pay
periods.
After 5 years 120 hours per year or 4.615 hours per pay period for 26
pay periods.
After 10 years 144 hours per year or 5.538 hours per pay period for 26
pay periods.
After 15 years 168 hours per year or 6.462 hours per pay period for 26
pay periods.
B. Vacation Leave Accrual.
Vacation time can be accumulated to a maximum of 150% of one year's eligibility. When
an employee's vacation leave accrual reaches the maximum level, the employee will stop
accruing additional vacation leave until such time as the employee uses vacation leave
below the maximum level. At that time, the employee will begin accruing additional leave
from that point forward.
Employees who have reached maximum accrual can request a review by their department
Director in the event a vacation request is denied. The department Director shall be the
final level of appeal. The Director shall not unreasonably withhold approval.
C. Use of Vacation Time.
The times at which an employee may take vacation shall be determined by the department
Director with due regard for the wishes of the employee and particular regard for the
needs of the City.
In the event one or more holidays fall within a vacation leave period, such holidays shall
not be charged as vacation leave, and the vacation leave shall be extended accordingly.
D. Payout of Vacation Leave.
Employees who terminate employment shall be paid in a lump sum for all accrued
vacation leave earned prior to the effective date of termination.
Section 2. Sick Leave.
A. Sick Leave 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.
y
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 rp for to the
beginning of the work shift.
Certification by the employee's physician may be required in order to receive
compensation for sick leave over three (3) working days at one time if an abuse of sick
leave is suspected, or if an unusual pattern of use has been documented and the
employee has been formally counseled regarding the pattern. This requirement is at the
discretion of the department Director with approval from the Administrative Services
Director.
In the event an employee does not have a sufficient amount of accumulated sick leave to
receive full compensation while absent due to illness, other accumulated leaves must be
used before the employee goes to a leave without pay status. Leave without pay may only
be granted with the approval of the City Manager.
C. Worker's Compensation Illness or Iniu
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. Family 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.
0
In the last full pay period of the fiscal year, an employee may convert sick leave to cash
under the following conditions:
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. Payout of Sick Leave.
After ten (10) years of employment with the City and upon termination or retirement, an
employee will receive compensation for unused sick leave as follows:
1. Upon retirement, an employee will receive 50% of all sick leave hours accrued.
Calculations will be at the employee's rate of pay at the time of retirement and 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 at the time of termination and payout will not exceed $2,000.
3. Upon the death of an employee, compensation for unused sick leave shall be at the
same rate as the retirement benefit. Payment shall be made to the employee's
designated beneficiary.
Section 3. Holidays.
A. Designated Holidays.
The holidays for employees in this unit are as follows:
New Year's Day
Martin Luther King Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
January 1
3rd Monday - January
3rd Monday- February
Last Monday -May
July 4
1st Monday- September
November 11
4th Thursday- November
Feafth 4th Friday- November
December 25
7
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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.
Holiday Pay.
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.
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 of six (6) months 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 ten 101 other cities in San
Diego County close their offices in observance of this day, at which time it shall be observed as
a fixed holiday on the day so designated. The times at which an employee may take a benefit
day off shall be determined by the department Director with due regard for the wishes of the
employee and particular regard for the needs of the City. Benefit days shall be taken in one8-
hour increments. iih- the - sshedule-ef
pay -for- one working - dayef--vasatien-. 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 5five 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 lay off, 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.
Section 6. Jury Duty
Employees shall be compensated at the regular rate of pay for serving jury duty during the
employee's scheduled work hours. The duration of jury duty and hours to be compensated shall
be in accordance with City policy and the Personnel Rules.
Article 7. Payroll and Work Week
Section 1. General.
A. Regular Paydays.
Regular paydays are designated as every other Friday for the two -week period ending the
previous Sunday. In no event shall the City advance pay, including pay for earned
vacation, without the prior written approval, on a case -by -case basis, by the City Manager.
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. Community Services Work Schedule.
Work schedules for Community Services employees and Public Works employees in the
Park Maintenance Worker classifications will be posted every Monday by 8:00 a.m., one
week or seven (7) days prior to the day the schedule begins the following Monday.
Requests for vacation or eernpensat+en compensatory 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 work week. 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 12:00 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 holiday shall be
considered as hours worked.
Section 3. Compensatory Time -Off (CTO).
A. CTO Accumulation and Use.
The times at which an employee may take compensatory time shall be determined by the
department Director with due regard for the wishes of the employee and particular regard
for the needs of the City. Compensatory time off, in lieu of overtime, shall be taken as one
and one -half (1 -1/2) hours off for each overtime hour worked.
10
The maximum accumulation of compensatory time off shall be 80 hours.
1 In the event an employee accrues 80 hours of compensatory time in any one fiscal
year, the employee will be ineligible to work overtime for compensatory time off for
the remainder of that fiscal year and will only be eligible for cash compensation for
overtime worked unless the employee uses CTO and brings the accrued balance
below 80 hours.
2 Once an employee uses CTO and brings the balance below 80 hours the
employee may again accrue CTO hours up to 80 hours.
particular regard for the needs of the City.
4 An employee's CTO balance will be cashed out to zero in the final pay period of
the fiscal year at the employee's then rate of pay. Said cash payment may only
B. CTO Carryover.
Employees shall have the option to request a carry over of up to 40 hours of CTO at the
end of the fiscal year. Such requests must be made in writing to the Human Resources
Manager no later than June 1 or the soonest business day thereafter. All hours over the
amount approved for carry over will be cashed out at the employee's then rate of pay.
Employees may request ip WFitiRq W GarFy )vef-GGmpePzatGFy time Rat to P-XGeed 40 hews
whiile�'- a�`r`r��-employe al Red in GAR41inntion wA
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rate Gf pay in effect the last full pay peried of the immediately preGeding fisGaPyear-.-
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.
11
B. Withdrawal of Dues Deduction.
Employees who wish to withdraw their membership from the Union shall do so by filing the
request in writing to the Local Union, The Union will process such a request as soon as
possible after it is received, and will also notify the City promptly to stop the dues
deduction.
Section 5. F' -. xflDL�'° Work Hours.
The City agrees to make available a flexible work schedule when possible. Work schedule and
operating conditions will be determined by the City to insure all necessary service can be
maintained without adverse impacts. Continuation of the program will be at the discretion of the
City Manager. It is understood that it may not be possible to extend this schedule to all
operations of the City due to service needs. It is understood that employees who work a 9/80
schedule shall not receive shift differential as a result of going to a 9/80 or flex schedule.
However, these a plo r. aa-fi
werk before tro c mertva 83h;111 'a diff tial n the
rnanner -a .
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. Hospital and Medical
The first day of the month following date of hire, an employee, upon proper application and
acceptance, shall be covered by health and dental benefits with coverage as set forth from time
to time in the agreement between the City and the carrier(s).
Health benefit premiums for each employee shall be paid in full by the City. Dependents of
each employee may also be covered by health benefit coverage, upon proper application and
acceptance. The cost of dependent coverage of the medical and dental plan will be shared
equally between the City and the employee. The employee's share of the cost will be made
through payroll deduction. The parties to this Agreement agree to work with the City Insurance
Committee to keep the overall cost of future premium increases to a minimum.
Section 2. Eve Care.
The City will provide an eye care plan. The City shall pay 100% of the premium for the
employee and his /her dependent coverage.
Section 3. Life Insurance.
The first day of the month following date of hire, an employee, upon proper application and
acceptance by the insurance carrier, shall be covered under a group life insurance plan for the
amount of one and one -half (1 -1/2) times base annual inseraesalary.
A7
Section 4. Lonq -Term Disability Income Insurance.
This employee benefit provides for the payment of a monthly income benefit payment for those
covered employees totally disabled by injury or sickness as determined by the insurer.
The monthly benefit provided under this coverage will be 66 -2/3% of the employee's monthly
base salarvearnings. The insurance carrier is responsible for calculating the exact benefit
amount, based on each individual's income status.
The insurance carrier for this coverage requires a thirty- (30) day waiting period from the first
day of the disability to the beginning of the monthly benefit payment period.
Monthly benefits are paid, with certain exceptions, as explained in the Group Insurance
handbook, until the recovery from the injury or sickness or until the employee reaches age 65.
The City pays 100% of the premium.
An employee may use sick leave and vacation to supplement coverage under this benefit up to,
but not in excess of, 100% of his /her 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 and the Affordable Health Care for America Act
AHCAA in order to provide employees the greatest possible tax benefit.
!n its- gregram-ament aseeunis
P1aR deduGtibles and GO payments, Gt4GdGntia, heaFiRg exams and aids, vision GaFe, and othe
Fe-a tiers,
Section 6. Deferred Compensation.
A. 457 Plan
FffeGti .e July , 2QG8 Tthe 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 of the City's purposes in
providing this benefit is to help employees pay for medical costs when they retire. The City will
contribute $38 per employee per 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:
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From date of hire until second anniversary - 0% of accumulated value
Second anniversary of employment - 20% of the accumulated value
Third anniversary of employment - 40% of the accumulated value
Fourth anniversary of employment -60% of the accumulated value
Fifth anniversary of employment - 80% of the accumulated value
Sixth anniversary of employment - 100% of the accumulated value
Article 9. Special 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:
The employee has received at least a satisfactory rating on his /her last performance
report.
The subject matter of the course relates directly to and contributes toward the
performance of the employee's position with the City.
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" or "credit" will be accepted for classes where a
pass /fail or credit/no credit 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. Safety Shoes.
Safety shoes shall be worn by employees as required by the City. The department will
establish and furnish to the Birester of- Administrative -SePI Human Resources Manager
a list of classifications required to wear safety shoes. The list will be updated by January 1
of each year and on an as- needed basis, with the concurrence of the Union.
The- eEmployees shall be provided an al owaneereimbursement of up to $170 for the
purchase or resoling of safety shoes each fiscal year, on an as- needed basis as
determined by the division manager.in ascerdan
Recreation SPeGi;;;:st Q 8G- er-fiseaP year
Remainingf lassi ' equired4e -wear safety she Q, 70 . r f snal year
14
In order to receive reimbursement, the employee must submit receipts of proof of
purchase to their department for approval. Reimbursement will be made through accounts
payable. All other safety clothing required in the performance of duties shall be furnished
by the City.
B. Uniforms - General.
The City will provide eleven (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.
C. Uniforms - Recreation Employees.
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. Cemraanitr e^:i
basisf equivalent 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 City 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.
4 C
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 in accordance with the City's Travel and Meeting
Reimbursement policy.
D. In order to be reimbursed, employees must include original receipts for all expenses with
the reimbursement claim form.
E. Advances of travel expenses may be allowed at the sole discretion of the City Manager.
Section 5. On -Call Time.
A. Field Forces.
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.
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 ll, Wastewater Utilities Crew Leader, or Wastewater Utilities Worker ll,
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.
ill
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 - hear -s Ltlewrng
start of the next workday. During weekends from 4530- -hours —the ena of the
workweek to ondaythe beginning of the next
work day, 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.
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
17
B. Operational Conditions.
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.
Upon call completion, the duty person will advise the Treatment Plant Operator
of the action taken so that it can be properly logged.
3. During a serious emergency, such as a water main break, the duty person will stand
by to assist the crew in making repairs, but will remain flexible in case of other call -
outs during this time.
4. Employees who are assigned standby duty may request the use of a City truck,
subject to department Director approval. The City truck shall be available to the
employee during standby for use as is necessary to ensure that the employee is
readily available for call out. However, the employee should use discretion and
common sense in the use of the vehicle and at all times be aware that they are a
public relations representative to the public and their actions will be scrutinized by
the public.
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.
The call -out list shall consist of qualified employees.
2. List members shall meet the following qualifications:
Must reside within a community that allows a reasonable response time to an
emergency, as determined by the Director of Public Works.
i3
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.
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:
Scheduled duty person arranges substitution.
b. Scheduled duty person notifies Filtration Plant.
5 5 —Duty person will be on call from
fopowi .the end of the scheduled workday to the
scheduled start of the next work day. During weekends from 1539 hews the end of
the workweekday- ea-Friday to 9780 -hai Fs the #spewing- Mondaythe beginning of the
next workday, and the 24 hours of a City- observed holiday.
6 Employees who are assigned standby duty may request the use of a City truck
subiect to department Director approval The City truck shall be available to the
employee during standby for use as is necessary to ensure that the employee is
public relations representative to the public and their actions will be scrutinized by
the public.
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
19
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.
78. 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.
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.
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.
Section 6. Shift Differential.
A. Filtration Plant Employees.
Filtration Plant employees required to work the afternoon and evening shift (3:00 p.m. to
11:00 p.m.) and the night shift (11:00 p.m. to 7:00 a.m.) shall be entitled to receive shift
differential pay of 7.5% in addition to their regular rate of pay. Filtration Plant employees
assigned to work the forty -eight (48) hour weekend shift shall receive shift differential while
working from 3:00 p.m. to 11:00 p.m. on Saturday and Sunday and while working from
11:00 p.m. to 7:00 a.m. on Saturday night and Sunday night.
go
a
C.
L
Public Works Employees.
Public Works employees in the Park Maintenance Worker classification who are assigned
a work schedule beginning at or after 11:30 a.m. which requires them to work a shift that
ends between the hours of 3:30 p.m. and 5 a.m. shall be entitled to shift differential pay of
$0.70 /hour in addition to their regular hourly rate of pay regardless of when the employee's
meal period is scheduled. However, if the meal period is scheduled outside these hours,
the employee will be paid shift differential only for the hours actually worked.
Public Works employees who are required to wor k
normal work schedule shall receive shift differentia
employee does not qualify to receive overtime
schedule on the following day.
Community Services Employees.
an evening schedule outside of their
I pay of $0.70 per hour only when the
for working during the normal work
Community Services employees in the Park Ranger and Senior Dock Attendant
classifications who are assigned a work schedule beginning at or after 11:30 a.m. which
requires them to work a shift that ends between 3:30 p.m. and 5:00 a.m. shall be entitled
to shift differential pay of $0.70 /hour in addition to their regular hourly rate of pay
regardless of when the employee's meal period is scheduled. However, if the meal period
is scheduled outside these hours, the employee will be paid shift differential only for the
hours actually worked.
General.
Employees scheduled to work during the general office hours of 8-a n— t"7:30 a.m. to
5:30 p.m. p.m. will not receive shift differential pay for hours worked between 3.30 p.m.
and 5:30 p.m.
Section 7. Call -Back Time.
Employees called back to work after expiration of their normal work day or work week to
perform emergency work shall be guaranteed minimum call -back time of two (2) hours at the
appropriate overtime rate.
Section 8. HVAC Certification Pay
Employee(s) in the classifications of Facilities Technician and /or Facilities Maintenance Crew
Leader may be assigned to perform HVAC - related duties, subject to certification in TAC Vista
Operations.
Employee(s) assigned to the HVAC - related duties and who receive the TAC Vista Operations
certification shall receive a salary differential of 10% above their salary range and step.
The number of positions selected for this assignment shall be at the sole discretion of the
Director of Public Works, subject to City Manager approval, in accordance with the needs of the
City.
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Article 10. Service
Section 1. Probation.
All appointments, including promotional appointments, shall be for a probationary period of not
less than six (6) months. During the probationary period, the employee may be rejected at any
time without the right of appeal or hearing.
Any employee rejected during the probationary period from a position to which he /she has been
promoted shall be reinstated to a position in the class from which he /she was promoted unless
he /she is discharged for cause from the City.
A supervisor may, with concurrence of the department Director, require an extension of an initial
probationary period, upon a less than satisfactory performance evaluation.
On recommendation of his /her supervisor and with the concurrence of the department director,
a non - probationary employee may be placed on special probation. An employee placed on
special probation has the right of direct appeal to the City Manager. If the employee intends to
appeal, he /she must inform the City Manager of that intention within ten (10) calendar days from
the date the employee is placed on special probation.
Section 2. Safety.
The unit adopts the following by reference:
A. The City has a Central Safety Committee with representatives from all units.,
XB. The Citv has an Iniury & Illness Prevention Policy (IIPP).
XC_The City and all employees shall comply with any applicable Federal and State laws,
XD. 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. Temporary Assignment To a Higher Level Vacancy.
A. Full Responsibility.
An employee specifically assigned on a temporary basis to the full range of duties of a
higher level position, in which there is no appointed incumbent or in which the incumbent
is on paid or unpaid leave for fifteen (15) or more consecutive working days, shall be
compensated at the A step rate of pay for the higher level position. Payment shall be
retroactive to the first day of such services. The full range of duties of the higher level
position shall be specifically assigned in writing via the Out -of -Class Assignment form and
signed by the department Director or his /her designee. Under no circumstance shall the
rate of compensation be less than five percent (5 %) above the employee's current rate of
pay.
`tea
B. Partial Responsibility.
An employee specifically assigned to perform a portion of the duties of the higher level
position for fifteen (15) or more consecutive working days shall receive additional
compensation of five percent (5 %) above the employee's current rate of pay. The
assignment shall be in writing a via the Out -of -Class
Assignment form and signed bV the department Director or his /her designee.
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 an assignment, the employee shall be restored to his /her former
classification regardless of the time involved. The - employee may, also be,considered,for
promotion to, the'higherposition on a permanent status if ifwere'deemed..by the'City,to.be
vacant.. This, provision shall; not be applicable; to. bona fide . education, training. and
development; job enlargement orenrichment.,The employee will be r notified in advance as
to.the- nature 'of this assignment.
Section 4. Meal and Rest Periods.
Meal periods and rest periods will be permitted at scheduled intervals, and insofar as
practicable and consistent with operational interests.
An employee shall be notified whether his meal
an off -duty meal period, and employees having
the meal period as hours worked.
Section 5. Transfers.
period is considered an on -duty meal period or
on -duty meal periods shall be compensated for
An employee transferring from this unit to another unit shall maintain all pay and benefits
accrued in this unit, and upon the effective date of transfer thereafter be governed by the
provisions of any policy and /or agreement in effect for such other unit.
Section 6. Reassignment.
If a reassignment within the unit would result in an employee being reassigned to a class having
a higher salary range, the City will fill the position through a recruitment process.aR exa ..
Section 7. Layoff and Reemployment.
The City may abolish any position or employment, and the employee may be laid off without
taking disciplinary action and without the right of appeal. The City agrees to meet with the
Union 30 days prior to the issuance of any layoff notice for the purpose of conferring over the
impact and implementation of said layoff and to discuss alternatives and options. However, the
City Manager shall retain the final decision with respect to the classification and numbers of
employees to be laid off.
23
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. Whenever two (2) or more employees have identical service in the affected classification,
the order of layoff shall be determined by the City Manager on the basis of performance.
D. Employees to be laid off in a particular classification have the right to demote to a lower
classification to a position previously held with the City for which the employee meets the
minimum qualifications, is capable of performing the essential functions of the position,
and has City seniority over other employees in the lower classification. This will also apply
to employees to be laid off in a particular classification who have demoted from a higher
classification due to non - disciplinary reasons. Such employees shall be placed on the
seniority list for the higher classification provided they still meet the minimum
qualifications, are capable of performing the essential functions of the position, and have
City seniority over other employees in the higher classification.
E. The name of each laid -off employee shall be placed on a reemployment list for a period of
twelve 121 months in reverse order of layoff. Employees who are laid off who have
received two out of three consecutive annual performance evaluations that are rated
below standards or needs improvement will be placed at the bottom of the reemployment
list in reverse order of layoff.
For the purpose of this section, this additional condition will apply. Those employees who
held the title of Construction Maintenance Worker I, II, or Lead Construction Maintenance
Worker before July 1, 2001, shall be entitled to utilize the bumping rights in this section for
the following classifications:
Water Utilities Worker I, 11, and Water Utilities Crew Leader; and
Wastewater Utilities Worker I, 11, and Wastewater Utilities Crew Leader.
In order to qualify to utilize these bumping rights, an eligible employee must possess the
appropriate certification (s) required for the classification, be able to demonstrate a
satisfactory skill level for the classification, and be able to perform the essential functions
of the job. The Human Resources Manager shall determine if the employee meets these
requirements.
Section 8. Resignations.
An employee wishing to resign in good standing shall file a written resignation with the
department Director stating the effective date and reasons for resignation at least two weeks
prior to the effective date of resignation.
24
The City will pay an employee for all hours worked on the next regular payday after resignation,
and will thereafter pay all accumulated reimbursable benefits as early as feasible.
An employee who has resigned with a good record will be given preferential consideration for
rehire if a position is available and the employee has participated in the position's recruitment
process. Decision to rehire is at the discretion of the City, and the employee will not reestablish
rights and /or benefits lost at the time of resignation.
An employee with at least five (5) years service who resigns in good standing and is
reemployed within a two (2) year period to the same or equal position previously held, shall be
eligible to earn and use vacation, sick leave, and other benefits to which they are otherwise
entitled as if there had been no break in service.
Article 11. Grievance.
Section 1. Purpose.
A. To promote improved employer - employee relationships by establishing procedures for
appealing management actions.
B. To afford employees individually or through the Bargaining Unit Representatives a
systematic means of obtaining further consideration of problems after every reasonable
effort has failed to resolve them through discussion.
C. To provide that grievances shall be settled as near as practicable to the point of origin.
Section 2. Scope.
A grievance shall be considered as any matter for which appeal is not elsewhere provided for or
prohibited, concerning:
A. A dispute about the interpretation or application of this Agreement or of any ordinance,
resolution, rule or regulation governing personnel procedures or working conditions.
B. A dispute about the practical consequences of a City decision on wages, hours and other
terms and conditions of employment.
C. A decision affecting the employment of any permanent or probationary employee over
which the department Director has partial or complete jurisdiction.
Section 3. Procedure.
A. Informal Grievance Procedure - An employee who has a problem or complaint should first
try to get it settled through discussion with his /her immediate supervisor without undue
delay. If this discussion does not satisfactorily resolve the problem, the employee may
discuss it with the supervisor's immediate superior. Every effort should be made to find an
acceptable solution by informal means at the lowest appropriate level of supervision. If the
employee is not in agreement with the decision reached by discussion, he /she shall then
have the right to file a formal grievance in writing within five (5) calendar days after
receiving the informal decision of his immediate superior.
25
B. Formal Grievance Procedure.
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
designated representative, should discuss the grievance with the employee, his /her
representative, if any, and with other appropriate persons. The City Manager may
designate any person or persons to advise him /her concerning the appeal. The City
Manager shall render his /her decision and comments in writing, and return them to
the employee within fifteen (15) working days after receiving the appeal. If the
employee does not agree with the decision reached, or if no answer has been
received within fifteen (15) working days, he /she may present the appeal in writing to
the City Council.
4. Final Level of Review: The City Council upon receiving the grievance shall take such
actions and such methods as it chooses and render a written final and binding
decision.
Section 4. Conduct of Grievance Procedure.
A. Day as used in this procedure means calendar day, unless specified to the contrary.
B. The time limits specified in this procedure may be extended at any level of review to a
definite date by mutual agreement of the employee and the reviewer concerned.
C. The employee may request the assistance of another person of his /her own choosing in
preparing and presenting his /her appeal at any level of review.
D. The employee and his /her representative may be privileged to use a reasonable amount of
work time as determined by the City Manager in conferring about and presenting the
appeal.
E. Failure of the employee to take further action within the specified time limits at each level
of review, or within five (5) days if no decision is rendered, shall constitute withdrawal of
the grievance.
F. Employees shall be assured freedom from reprisal for using the grievance procedure.
CT
Article 12. Retirement and Social Security
The City will provide retirement benefits through the California Public Employees' Retirement
System (CalPERS). The City does not participate in the Social Security System, except as
required by Law.
Effective pay period beginning July 12 2010 each employee in this unit will contribute four
The City will pay the remaining seyenT three percent (73 %) of the employee's "member
contribution" into CalPERS in addition to the normal employer's contribution. The seven nthree
percent (73 %) payment shall be made to CalPERS in the name of the employee to be credited
to the employee's retirement account with CalPERS.
The City will 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 retirement from the City of Poway following at least 20 years of service, the City also
provides a supplemental PARS administered benefit applied to Poway and all prior CalPERS
service with previous public agencies. When combined with CalPERS, this is the equivalent of
the 2.7% @ 55 formula total retirement benefit.
...
Article 13. Personnel Rules.
All other employee rights, privileges, and benefits are included in the Personnel Rules of the
City of Poway.
Article 14. Job Actions.
The Union agrees not to strike or otherwise engage in withholding services or concerted action
during the term of this Agreement. Also, the City agrees not to lock out the employees.
Article 15. Americans with Disabilities Act Amended
The City and the bargaining unit agree that they are subject to and must conform to the
Americans with Disabilities Act Amended (ADAA).
27
Article 16. Posting of Agreement
A copy of this Agreement will be posted on the City's intranet and internet for employee access.
The Agreement will be provided to new hires at the Human Resources orientation.
mil
Part -Time Employees
PART II. PART -TIME EMPLOYEES
Article 1. General.
Section 1. Purpose.
Part 11 of this Agreement recognizes the Bargaining Unit Representatives as the majority
representative of all part-time, regular, non - management and non - confidential employees of the
City, excluding the safety personnel, and represents the unit for the matters within the scope of
meet and confer, and the Bargaining Unit Representatives accept the duty of fair representation
in meet and confer and under this Agreement.
All Sections (1 through 3) of Part I of this Agreement shall apply to all regular part-time
employees.
Article 2. Severability and Savings.
All of Article 2, Part I, of this Agreement shall apply to all regular part-time employees.
Article 3. Sympathy Action.
All of Article 3, Part I, of this Agreement shall apply to all regular part-time employees.
Article 4. Duration of Agreement.
This entire Agreement shall commence at 12:00 a.m. on January -July 1, 200510 and terminate
at 11:59 p. -m. on June 30, 200911.
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.
The position classifications are established at the salary ranges indicated in Article 5, Part I, of
this Agreement.
Article 6. Leaves.
►']
Part -Time Employees
Section 1. Vacation.
A. Computing Annual Vacation Leave.
Part-time employees in the, unit shall be eligible to receive vacation leave accrual after two
years of employment.
Annual vacation leave shall be computed in accordance with the following schedule.
Years of Continuous
Employment Vacation Leave Credits
2 through 5 years 48 hours per year or 1.846 hours per pay period for 26 pay
periods.
After 5 years 60 hours per year or 2.308 hours per pay period for 26 pay
periods.
After 10 years 72 hours per year or 2.769 hours per pay period for 26 pay
periods.
After 15 years 84 hours per year or 3.231 hours per pay period for 26 pay
periods.
B. Vacation Leave Accrual.
Vacation time can be accumulated to a maximum of 150% of one year's eligibility. When
an employee's vacation leave accrual reaches the maximum level, the employee will stop
accruing additional vacation leave until such time as the employee uses vacation leave
below the maximum level. At that time, the employee will begin accruing additional leave
from that point forward.
Employees who have reached maximum accrual can request a review by their department
Director in the event a vacation request is denied. The department Director shall be the
final level of appeal. The Director shall not unreasonably withhold approval.
C. Use of Vacation Time.
The times at which an employee may take vacation shall be determined by the department
Director with due regard for the wishes of the employee and particular regard for the
needs of the City.
In the event one or more holidays fall within a vacation leave period, the holidays shall not
be charged as vacation leave, and the vacation leave shall be extended accordingly.
D. Payout of Vacation Leave.
Employees who terminate employment shall be paid in a lump sum for all accrued
vacation leave earned prior to the effective date of termination.
30
Part-Time Employees
31
Part -Time Employees
Section 2. Sick Leave.
A. Sick Leave Accrual.
Sick leave with pay may be granted to all regular employees within this unit who are
employed in regular part-time positions after two years of employment.
For the purposes of computing sick leave, an eight (8) hour working day shall be
considered as one -fifth (1/5) of the number of working or duty hours in the established
forty (40) hour work week.
One (1) day sick leave shall be accrued for each two (2) months of employment, for a total
of six (6) working days, or forty -eight (48) hours per year. Sick leave shall be granted to
an employee only for actual working time off.
Accumulation of sick leave shall be unlimited.
B. Notification.
In order to receive compensation while absent on sick leave, the employee shall notify his
immediate supervisor or the department Director prior to or within two (2) hours after the
time set for the beginning of his /her work shift.
An employee who is required to open facilities for the public or who is required to arrive to
work and relieve another single employee on duty shall call in within one hour prior to the
beginning of the work shift.
Certification by the employee's physician may be required in order to receive
compensation for sick leave over three (3) working days at one time if an abuse of sick
leave is suspected or if an unusual pattern of use has been documented and the
employee has been formally counseled regarding the pattern. This requirement is at the
discretion of the department Director with approval from the Administrative Services
Director.
In the event an employee does not have a sufficient amount of accumulated sick leave to
receive full compensation while absent due to illness, other accumulated leaves must be
used before the employee goes to a leave without pay status. Leave without pay may only
be granted with the approval of the City Manager.
C. Worker's Compensation Illness or Injury
Sick leave shall be used for on -duty hours used for medical evaluations, treatments, or
other medical related activities associated with a worker's compensation illness or injury.
If the employee's sick leave balance is exhausted, another paid leave (e.g., vacation,
comp time, etc.) will be used in its place.
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
32
Part -Time Employees
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 Sick
Leave in place of Family Sick Leave.
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 leave as follows:
1. Upon normal retirement, a part-time employee will receive 25% of all sick leave
hours accrued. Calculations will be at the employee's rate of pay at the time of
retirement and the payout will not exceed $2,000.
2. Upon leaving the City employment for reasons other than retirement, a part-time
employee will receive 25% of all hours accrued. Calculations will be at the
employee's rate of pay at the time of termination and 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. Designated Holidays.
The holidays for employees in this unit are as follows:
New Year's Day
Martin Luther King Day
President's Day
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
January 1
3rd Monday - January
3rd Monday - February
Last Monday - May
July 4
1 st Monday - September
November 11
4th Thursday - November
4th Friday - November
December 25
Holidays falling on Sunday shall be observed on the following Monday. Holidays falling on
Saturday shall be observed on the preceding Friday and shall be considered as the legal
holiday.
To be eligible for holiday pay, an employee must be in a paid status on the day before and
the day after a holiday.
B. Holiday Pay.
Part-time employees shall receive regular pay for hours worked on a Designated Holiday.
33
Part-Time Employees
Part-time employees will be eligible to receive 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.
Part-time employees shall receive 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 of time 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 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 lay off, 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. Jury Duty
Employees shall be compensated at the regular rate of pay for serving jury duty during the
employee's scheduled work hours. The duration of jury duty and hours to be
compensated shall be in accordance with City policy and the Personnel Rules.
Article 7. Payroll and Work Week
Section 1. General.
A. Regular Paydays.
Regular paydays are designated as every other Friday for the two -week period ending the
34
Part-Time Employees
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.
For employees regularly working less than 40 hours in one week, or designated as part-
time or temporary employees, the regular number of working or duty hours in a work week
shall be that number of hours for which they are scheduled to work.
B. Community Services Work Schedules.
Work schedules for Community Services employees and Public 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 sompensati� comgensatory time off must be received in writing
by the employee's supervisor or his /her designee two weeks or fourteen (14) days prior to
posting of the employee schedule. Leave requests will be acknowledged in writing by the
department.
Employees may be called in to work other than for scheduled hours due to sick leave,
emergency leave or unavailability of a scheduled employee. Such additional work will be
paid at straight time except as otherwise required in the MOU.
Employees whose hours are changed, as the result of an error or oversight in the posted
schedule, shall receive overtime pay for all hours that fall outside the originally scheduled
hours. An employee's hours cannot be changed once the schedule is posted in order to
avoid payment of additional overtime.
Section 2. Overtime
All employees in this unit shall be paid one and one -half (1 -1/2) times their hourly rate of pay for
all hours worked in excess of eight (8) hours in one day or forty (40) hours in one work week.
Employees whose regularly scheduled work hours are in excess of eight (8) hours in one
workday are only entitled to receive overtime pay for the hours worked beyond their regularly
scheduled workday or forty- (40) hours in one work week. Employees working overtime will
continue to receive overtime pay after 12:00 a.m. for continuous hours worked including meal
and rest periods, provided regular hours worked the following day will be paid at the employee's
regular rate of pay.
For the purpose of computing overtime, hours of vacation, sick leave and holidays shall be
considered as hours worked.
Section 3. Comoensatory Time Off (CTO
The times at which an employee may take compensatory time shall be determined by the
department Director with due regard for the wishes of the employee and particular regard for the
needs of the City. Compensatory time off, in lieu of overtime, shall be taken as one and one -
half (1 -1/2) hours for each overtime hour worked.
tome off ghn'l be 80 hGursi however, the hp reduced to nn `" s ct
the eRd of the fiGGal yeaF. The employee shall be �per.vated for th
a sash payment. Said Gash -V-- uF as part of the final pay period of the fIGGal
35
Part -Time Employees
The maximum accumulation of compensatory time off shall be 80 hours.
A In the event an employee accrues 80 hours of compensatory time in any one fiscal year,
the employee will be ineligible to work overtime for compensatory time off for the
below 80 hours.
may take CTO with due regard for the wishes of the employee ano pamcuwar regard ror
Section 4. Deductions.
A. Dues Deduction.
Upon submittal by the Union of a signed copy of an authorization card, the City agrees to
deduct the amount authorized by the employee. The City shall remit the deducted amount
to the Union as soon as possible after the deduction is made.
B. Withdrawal of Dues Deduction.
Employees who wish to withdraw their membership from the Union shall do so by filing the
request in writing to the Local Union. The Union will process such a request as soon as
possible after it is received, and will also notify the City promptly to stop the dues
deduction.
Article 8. Benefits
Section 1. Hospital and Medical.
The 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 dateAf hi Fthe qualifying eligibility date, an employee, upon
proper application and acceptance, shall be covered by health and dental benefits with
coverage as set forth from time to time in the agreement between the City and carrier(s).
36
Part-Time Employees
The part-time employee shall pay fifty percent (50 %), and the City shall pay fifty percent (50 %)
of the health benefit premiums for the employee -only coverage.
The cost of dependent coverage of the medical and dental plan of the employee's choice will be
as follows: the employee will pay seventy -five percent (75 %), and the City will pay twenty -five
percent (25 %). The employee's share of the cost will be made through payroll deduction.
Section 2. Eve Care.
The part-time employee may elect to be covered by the City's vision care plan after two years of
employment. The City shall pay fifty percent (50 %) of the cost of the premium for the coverage
of the employee and his /her dependents, and the employee shall pay the remaining fifty percent
(50 %) of the premium. The employee's share of the cost will be made through payroll
deduction.
Section 3. Flexible Benefits Program.
The City will maintain a Flexible Benefits Program in accordance with applicable IRS statutes
and the Affordable Health Care for America Act (AHCAA) in order to provide employees the
greatest possible tax benefits.
Section 54. Retirement and Social Security.
A. The City provides part-time employees who work less than 1,000 hours per fiscal year
retirement benefits through Public Agency Retirement System (PARS). For employees
hired prior to July 1, 1996, the City pays 50% of the employee's 7.5% contribution into
PARS. The City also pays the administrative fees. Part-time employees hired after July 1,
1996, will pay the full employee contribution of 7.5 %.
B. The City provides part-time employees who work more than 1,000 hours per year
retirement benefits through the California Public Employees' Retirement System
(CaIPERS). The City does not participate in Social Security, except as required by law.
37
NO W-
�•
Section 3. Flexible Benefits Program.
The City will maintain a Flexible Benefits Program in accordance with applicable IRS statutes
and the Affordable Health Care for America Act (AHCAA) in order to provide employees the
greatest possible tax benefits.
Section 54. Retirement and Social Security.
A. The City provides part-time employees who work less than 1,000 hours per fiscal year
retirement benefits through Public Agency Retirement System (PARS). For employees
hired prior to July 1, 1996, the City pays 50% of the employee's 7.5% contribution into
PARS. The City also pays the administrative fees. Part-time employees hired after July 1,
1996, will pay the full employee contribution of 7.5 %.
B. The City provides part-time employees who work more than 1,000 hours per year
retirement benefits through the California Public Employees' Retirement System
(CaIPERS). The City does not participate in Social Security, except as required by law.
37
Part -Time Employees
pre -tax basis towards the "member contribution' portion of their CalPERS retirement
account.
The City will pay seen -the remaining three percent (T3 %) of the employee's contribution
into CalPERS in addition to the normal employer's contribution. The seven-three percent
(73 %) payment shall be made to CalPERS in the name of the employee to be credited to
the employee's retirement account with CalPERS
The City will 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.
Section 5. Deferred Compensation.
Article 9. Special Pay
Section 1. Tuition Reimbursement.
Regular part-time employees are eligible for tuition reimbursement after five (5) Years of
continuous employment. The actual cost paid for tuition, books and required technical supplies
and equipment, to a maximum of $3001,000 per fiscal year per three - quarter time employee
and $750 per fiscal year per half -time employee, will be refunded to all regulaTpart time
employees after five (5) yeaFs of Gan eas- empleyrnent -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
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" or "credit" will be accepted for undergraduate classes where a
pass /fail or credit/no credit grading system is used.
Section 2. Uniforms and Equipment.
38
Part -Time Employees
For employees in the Lake Operations, Park and Landscape Maintenance Divisions, and Public
Works, the City will provide uniforms that are required by the City in accordance with the
following:
A. Safety Shoes.
Safety shoes shall be worn by employees as required by the City. The department will
establish and furnish to the DiFBGtGF of AdminiStFative ServiGe Human Resources Manager
a list of classifications required to wear safety shoes. The list will be updated by January 1
of each year and on an as- needed basis with the concurrence of the Union.
The- eEmployees will be provided reimbursement of up
to 170 for the purchase or resoling of safety shoes each fiscal year, on as as- needed
basis as determined by the division manager. In order to receive reimbursement, the
employee must submit receipts of proof of purchase to their department. Reimbursement
will be made through accounts payable. All other safety clothing required in the
performance of duties shall be furnished by the City.
B. Uniforms - General.
The City will provide one (1) jacket and eleven (11) sets of uniforms for those employees
who work five (5) days per week, and seven (7) sets of uniforms for employees who work
three (3) days per week, for those employees required to wear uniforms. Recreation
employees May FeGeive sweater(s) in lieu of shirt(G) OR the basis ef equivalent dAllar value
Employees may elect to wear City- approved shorts during the summer. Employees
electing to wear City- approved summer attire may receive fewer than eleven (11), or
seven (7) sets of standard uniforms and shall be responsible for 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 deter, CCU.
Section 3. Meal Allowance.
In the event a part-time employee is required to work in excess of twelve (12) consecutive
hours, the City shall pay the cost of a meal in the amount of $9. For purposes of determining
consecutive hours worked, meal and rest periods will be considered hours worked.
Article 10. Service
Section 1. Probation.
All appointments, including promotional appointments, shall be for a probationary period of not
less than a period equivalent to six (6) months of full -time employment. During the probationary
period, the employee may be rejected at any time without the right of appeal or hearing.
39
Part -Time Employees
Any employee rejected during the probationary period from a position to which he /she has been
promoted shall be reinstated to a position in the class from which he/she was promoted unless
he is discharged for cause from the City.
A supervisor may, with concurrence of the department Director, require an extension of an initial
probationary period, upon a less than satisfactory performance evaluation.
On recommendation of his /her supervisor and with the concurrence of the department director,
a non - probationary employee may be placed on special probation. An employee placed on
special probation has the right of direct appeal to the City Manager. If the employee intends to
appeal, he /she must inform the City Manager of that intention within ten (10) calendar days from
the date the employee is placed on special probation.
Section 2. Safety.
The unit adopts the following by reference:
A. The City has a Central Safety Committee with representatives from all units.
XB. The City has an Injury and Illness Prevention Policy (IIPP).
XC. The City and all employees shall comply with any applicable Federal and State laws.
XD 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. Temporary Assignment To a Higher level Vacancy.
A. Full Responsibility, -- An employee specifically assigned on a temporary basis to the full
range of duties of a higher level position for the equivalent of fifteen (15) or more
consecutive full -time work days in which there is no appointed incumbent or in which the
incumbent is on paid or unpaid leave, shall be compensated at the "A" step rate of pay for
the higher level position. Payment shall be retroactive to the first day of such services. The
full range of duties of the higher -level position shall be specifically assigned in writing.
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 consecutive
work days shall receive additional pay equal to 5% of current salary. The assignment shall
be in writing and on a form provided by the City.
C. An employee will continue to receive special pays and allowances provided 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 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
40
Part -Time Employees
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. Reassignment.
If a reassignment within the unit would result in an employee's being reassigned to a class
having a higher salary range, the City will fill the position through aR GpeR PFOFnGtiORal eXama
recruitment process.
Section 6. Layoff and Reemployment.
The City may abolish any position or employment and the employee may be laid off without
taking disciplinary action and without the right of appeal. The City agrees to meet with the
Union 30 days prior to the issuance of any layoff notice for the purpose of conferring over the
impact and implementation of said layoff and to discuss alternatives and options. However, the
City Manager shall retain the final decision with respect to the classification and numbers to be
laid off.
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. Whenever two (2) or more employees have identical service in the affected classification,
the order of layoff shall be determined by the City Manager on the basis of performance.
D. Employees to be laid off in a particular classification have the right to demote to a lower
classification to a position previously held with the City for which the employee meets the
minimum qualifications, is capable of performing the essential functions of the position,
and has City seniority over other employees in the lower classification. This will also apply
to employees to be laid off in a particular classification who have demoted from a higher
classification due to nondisciplinary reasons. Such employees shall be placed on the
seniority list for the higher classification provided they still meet the minimum
qualifications, are capable of performing the essential functions of the position, and have
City seniority over other employees in the higher classification.
The name of each laid -off employee shall be placed on a reemployment list for a period of
41
Part-Time Employees
twelve 12) months in reverse order of layoff. Employees who are laid off who have
received two out of three consecutive annual performance evaluations that are rated
below standards or needs improvement will be placed at the bottom of the reemployment
list in reverse order of layoff.
Section 7. Resignations.
An employee wishing to resign in good standing shall file with the department Director a written
resignation stating the effective date and reasons for resignation at least two weeks prior to the
effective date of resignation.
The City will pay an employee for all hours worked on the next regular payday after resignation
and will thereafter pay all accumulated reimbursable benefits as early as feasible.
An employee who has resigned with a good record will be given preferential consideration for
rehire if a position is available. Decision to rehire is at the discretion of the City, and the
employee will not reestablish rights and /or benefits lost at the time of resignation.
An employee with the equivalent of at least five (5) years of full -time service who resigns in
good standing and is reemployed within a two -year period to the same or equal position
previously held, shall be eligible to earn and use vacation, sick leave, and other benefits to
which they are otherwise entitled as if there had been no break in service.
Article 11. Grievance
Section 1. Purpose.
A. To promote improved employer - employee relationships by establishing procedures for
appealing management actions.
B. To afford employees individually or through the Bargaining Unit Representatives a
systematic means of obtaining further consideration of problems after every reasonable
effort has failed to resolve them through discussion.
C. To provide that grievances shall be settled as near as practicable to the point of origin.
Section 2. Scope.
A grievance shall be considered as any matter for which appeal is not elsewhere provided for or
prohibited, concerning:
A. A dispute about the interpretation or application of this Agreement or of any ordinance,
resolution, rule or regulation governing personnel procedure or working conditions.
B. A dispute about the practical consequences of a City decision on wages, hours and other
terms and conditions of employment.
C. A decision affecting the employment of any permanent or probationary employee over
which the department Director has partial or complete jurisdiction.
EM
Part-Time Employees
Section 3. Procedure.
A. Informal Grievance Procedure. -- An employee who has a problem or complaint should
first try to get it settled through discussion with his /her immediate supervisor without undue
delay. If this discussion does not satisfactorily resolve the problem, the employee may
discuss it with the supervisor's immediate superior. Every effort should be made to find an
acceptable solution by informal means at the lowest appropriate level of supervision. If the
employee is not in agreement with the decision reached by discussion, he /she shall then
have the right to file a formal grievance in writing within five (5) calendar days after
receiving the informal decision of his /her immediate superior.
B. Formal Grievance Procedure.
First Level of Review -- A grievance shall be presented in writing to the employee's
immediate supervisor, who shall render a decision and comments in writing and
return them to the employee within five (5) days after receiving the grievance. If the
employee does not agree with his /her supervisor's decision, or if no answer has
been received within five (5) days, the employee may present the appeal in writing to
his /her department Director.
2. Second Level of Review -- The department Director receiving the grievance, or
his /her designated representative, should discuss the grievance with the employee,
his /her representative, if any, and with other appropriate persons. The department
Director shall render his /her decision and comments in writing and return them to the
employee within five (5) days after receiving the appeal. If the employee does not
agree with the decision reached, or if no answer has been received within five (5)
days, he /she may present the appeal in writing to the City Manager.
3. Third Level of Review -- The City Manager receiving the grievance, or his /her
designed representative, should discuss the grievance with the employee, his /her
representative, if any, and with other appropriate persons. The City Manager may
designate any person or persons to advise him /her concerning the appeal. The City
Manager shall render his /her decision and comments in writing and return them to
the employee within fifteen (15) working days after receiving the appeal. If the
employee does not agree with 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.
43
Part -Time Employees
C. The employee may request the assistance of another person of his /her own choosing in
preparing and presenting his /her appeal at any level of review.
D. The employee and his /her representative may be privileged to use a reasonable amount of
work time as determined by the City Manager in conferring about and presenting the
appeal.
E. Failure of the employee to take further action within the specified time limits at each level
of review, or within five (5) days if no decision is rendered, shall constitute withdrawal of
the grievance.
F. Employees shall be assured freedom from reprisal for using the grievance procedure.
Article 12. Personnel Rules
All other employee rights, privileges, and benefits are included in the Personnel Rules of the
City of Poway.
Article 13. Job Actions
The Union agrees not to strike or otherwise engage in withholding services or concerted action
during the term of this Agreement. Also, the City agrees not to lock out the employees.
Article 14. Americans with Disabilities Act Amended
The City and the bargaining unit agree that they are subject to and must conform to the
Americans with Disabilities Act Amended (ADAA).
44
Article 15. Posting of Agreement
A copy of this Agreement will be ini a
hFred-- Fnte__tL. it RftPF D- b 90 2907- d made available at the C'11 at;G Plano the
department DiFeG posted on the City's intranet and internet for employee access. The
Agreement will be provided to new hires at the Human Resources orientation.
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:
White, Assistant City Manager
Steve Didier
Director of Administrative Services
45
For the Representatives:
Chester Mordasini, President
California Teamsters, Local 911
DeBont, Chief Steward
Don Roth, Steward
Corey O'Reilly, Steward
Bradley Ashwell, Steward
Chris Arce, Steward
Maralee Anderson, Steward
Craig Winder, Steward
SALARY AND BENEFIT PLAN
FOR THE
CITY OF POWAY
MANAGEMENT /CONFIDENTIAL GROUP
Effective July 1, 2010
Exhibit B
Section 1.
Vacation
A. Groups 1 -3 -- Management
1
2
Computing Vacation Leave
Article 2. Leaves
All employees in the management group, who have served for a minimum of six (6)
months of continuous service, shall be entitled to vacation leave with pay.
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 Employment Vacation Leave Credits
1 thru 5
After
After 10
After 15
Vacation Leave Accrual
120 hours per year or 4.615 hours per pay
period for 26 pay periods.
144 hours per year or 5.538 hours per pay
period for 26 pay periods.
180 hours per year or 6.923 hours per pay
period for 26 pay periods.
199.2 hours per year or 7.662 hours per pay
period for 26 pay periods.
Vacation time can be accumulated to a maximum of 200% of one year's eligibility.
When an employee's vacation leave accrual reaches the maximum level, the
employee will stop accruing additional vacation leave until such time as the
employee uses vacation leave below the maximum level. At that time, the employee
will begin accruing additional leave from that point forward.
Employees who have reached maximum accrual can request a review by their
department Director in the event a vacation request is denied.
1
3. Use of Vacation Time
The times at which an employee may take vacation shall be determined by the
immediate supervisor with due regard for the wishes of the employee and particular
regard for the needs of the City. Vacation leave in excess of thirty calendar days
shall be granted or not granted at the sole discretion of the City Manager.
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.
4. Conversion of Accrued Vacation Leave
Annual conversion of a portion of accrued vacation to cash for Groups 1 -3 is
permitted subject to the following guidelines:
a. Employee must have had at least three years of service in the prior 12 months
before conversion.
b. A maximum of five days (40 hours) per year may be converted on an hour -for-
hour basis, at the current rate of pay.
C. Employee must have used at least two weeks (80 hours) of vacation time in
both the current and previous 12 months.
d. After conversion, the employee must have at least two weeks (80 hours)
remaining to his /her credit.
e. Requests for conversion by Group 1 employees shall be approved by the City
Manager. Requests for conversion by Groups 2 and 3 employees shall be
approved by the Director of Administrative Services.
5. Payout of Vacation Leave
Employees who terminate employment shall be paid in a lump sum for all accrued
vacation leave earned prior to the effective date of termination.
B. Group 4 -- Confidential
1. Computing Vacation Leave
All employees in this group shall be entitled to vacation leave with pay except those
employees who have served less than six continuous months in the service of the
City.
For the purposes of computing annual vacation leave, a working day shall be con-
sidered as 1/5 of the number of working or duty hours in the established workweek.
2
Annual vacation leave shall be computed in accordance with the following schedule:
2.
3.
13
Years of
Continuous Employment
1 through 5 years
After 5 years
After 10 years
After 15 years
Vacation Leave Accrual
Vacation Leave Credits
96 hours per year or 3.692 hours per pay
period for 26 pay periods
120 hours per year or 4.615 hours per pay
period for 26 pay periods.
144 hours per year or 5.538 hours per pay
period for 26 pay periods.
168 hours per year or 6.462 hours per pay
period for 26 pay periods.
Vacation time can be accumulated to a maximum of 150% of one year's eligibility.
When an employee's vacation leave accrual reaches the maximum level, the
employee will stop accruing additional vacation leave until such time as the
employee uses vacation leave below the maximum level. At that time, the employee
will begin accruing additional leave from that point forward.
Employees who have reached maximum accrual can request a review by their
department Director in the event a vacation request is denied.
Use of Vacation Leave
The times at which an employee may take vacation shall be determined by the
department Director with due regard for the wishes of the employee and particular
regard for the needs of the City.
In the event one or more holidays fall within a vacation leave period, such holidays
shall not be charged as vacation leave, and the vacation leave shall be extended
accordingly.
Payout of Vacation Leave
Employees who terminate employment shall be paid in a lump sum for all accrued
vacation leave earned prior to the effective date of termination.
Section 2. Executive Leave
A. Group 1
Employees designated in this group shall be entitled to sixty -four (64) hours executive
leave each fiscal year. If not taken during the fiscal year, any remaining executive leave
will be exchanged for compensation in the last full pay period of the fiscal year at the then
current rate of pay. Executive leave may not be carried over into the next fiscal year.
Employees who terminate employment shall be paid in a lump sum for the value of unused
executive leave.
B. Groups 2A and 2B
Employees designated in this group shall be entitled to thirty -two (32) hours executive
leave each fiscal year. EffeGt ve July 1 2008 if not taken during the fiscal year, any
remaining executive leave will be exchanged for compensation in the last full pay period of
the fiscal year at the then current rate of pay. Executive leave may not be carried over into
the next fiscal year. Employees who terminate employment shall be paid in a lump sum
for the value of unused executive leave.
Section 3. Sick Leave
A. Group 1 -- Management
Sick Leave Accrual
In addition to Group 1, this sick leave policy shall apply to all employees in Groups 2
and 3 who were hired prior to July 1, 1990, and to those employees whose positions
or transfers to the management group were announced prior to July 1, 1990.
Sick leave with pay may be granted to all probationary and regular employees within
the management group who are regularly employed in regular positions.
All management employees shall be granted sick leave with pay, up to a maximum
of sixty (60) calendar days per incident with no accumulation.
2. Notification
In order to receive compensation while absent on sick leave, the employee shall
notify his /her immediate supervisor prior to or within two hours after the time set for
the beginning of duties.
Certification by the employee's physician may be required in order to receive
compensation for sick leave over three (3) working days at one time, if an abuse of
sick leave is suspected or if an unusual pattern of use has been documented and the
employee has been counseled. This requirement is at the discretion of the
department Director.
3. Family 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, brother, sister, 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.
B. Groups 2 -4 -- Management and Confidential (Groups 2 and 3 hired after August 1 199 0)
1. Sick Leave Accrual
In addition to Group 4, this sick leave policy shall apply to all employees in Groups 2
and 3 hired after July 1, 1990, except as stated under Part A of this section.
Sick leave with pay may be granted to all probationary and regular employees within
the unit who are regularly employed in regular, 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 per year.
Sick leave shall be granted to an employee only for actual working time off.
Accumulation of sick leave shall be unlimited.
2. Notification
In order to receive compensation while absent on sick leave, the employee shall
notify his /her immediate supervisor or the department Director prior to or within two
hours after the time set for the beginning of duties.
Certification by the employee's physician may be required in order to receive
compensation for sick leave over three (3) working days at one time if an abuse of
sick leave is suspected or if an unusual pattern of use has been documented and the
employee has been counseled. This requirement is at the discretion of the
department Director.
3. Family 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, brother, sister, and
children. Employee must notify supervisor in advance when such leave is being
taken and so note on time card, as well as on a Request for Leave form. An
employee cannot use personal sick leave in place of Family Sick Leave.
5
4.
5.
Annual Conversion of Sick Leave
In the last full pay period of the fiscal year, an employee who accrues sick leave may
convert sick leave to cash under the following conditions:
a. After conversion, employee must have a minimum balance of 168 hours of sick
leave.
b. Employee has used 32 hours or less of sick leave in the immediately preceding
12 months.
c. 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
Payout of Sick Leave
After five (5) years of continuous employment with the City, and upon termination or
retirement, an employee will receive compensation for unused sick leave.
a. Upon retirement, employee will receive 50% of all sick leave hours accrued.
Calculations will be at the employee's rate of pay at the time of retirement and
will not exceed $5,000. Employees in Group 1 Management, or covered by that
sick leave plan, will also be covered by this provision. Their number of hours
will be calculated using one day a month accrual rate for each full month of
service, less the cumulative numbers hours of sick leave used during their
employment by the City.
b. Upon leaving the employ of the City for other than retirement, employee will
receive 50% of all sick leave hours accrued. Calculations will be at the
employee's rate of pay at the time of termination and will not exceed $2,000.
c. Upon the death of an employee, compensation for unused sick leave shall be at
the same rate as the retirement benefit. Payment shall be made to the
employee's designated beneficiary.
Section 4. Holidays
A. Designated Holidays
The holidays for employees in the management/confidential group are as follows:
New Year's Day
Martin Luther King Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
January 1
3rd Monday- January
3rd Monday- February
Last Monday -May
July 4
1st Monday- September
November 11
4th Thursday- November
4thFour4h Friday- November
December 25
Holidays falling on Sunday shall be observed on the following Monday. Holidays falling on
Saturday shall be observed on the preceding Friday and shall be considered as the legal
holiday.
To be eligible for holiday pay, an employee must be in a paid status on the day before and
the day after a holiday.
B. Holiday Pay
For the purpose of computing holiday pay, a working day shall be considered as 1/5 of the
number of working or duty hours in the established workweek.
Employees in this unit shall be paid holiday pay, whether on or off duty on the holidays
above. If a Group 3 or 4 employee works on a holiday, he /she will also be compensated
for the hours worked at the rate of two (2) times the employee's regular rate of pay.
Section 5. Bereavement Leave
In the event of a death in the family, regular and probationary employees shall be eligible for up
to 5 --five 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, — spouse, brother, sister, daughter,
son, grandparents, grandson, granddaughter, and brothers and sisters having one parent
in common. It also includes "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 as a spouse, provided the employee has previously notified the Human
Resources office in writing of the individual's name.
B. 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.
C. It is not chargeable against sick leave
D. 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.
E . Employees on a flex work schedule shall be compensated for a nine -hour day for paid
bereavement leave, up to a maximum of forty (40) hours.
Section 6. 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 these days will be known as Cesar Chavez Day and will
remain as an unscheduled benefit day until 10 other cities in San Diego County close their
offices in observance of this day, at which time it shall be observed as a fixed holiday on the day
so designated. 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 may be taken in one6 -hour increments.
ReFRWRe'atie R for a benefit do
shall
day- ef- 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 all unused benefit days.
Section 7. Jury Duty
Employees shall be compensated at the regular rate of pay for serving jury duty during the
employee's scheduled work hours. The duration of jury duty and hours to be compensated shall
be in accordance with City policy and the Personnel Rules.
Article 3. Payroll and Work Week
Regular paydays are designated as every other Friday for the two -week period ending the
previous Sunday. In no event will the City advance pay, including pay for earned vacation,
without the prior written approval of the City Manager.
A. Groups 1 2A and 2B -- Management
It is recognized that employees in these groups may be required to work hours in
excess of 40 hours in a work week, and it is agreed that employees in this group shall
not be remunerated for such work beyond the current monthly salary rate of the
individual employee, but for the purposes of computing benefits, the regular number of
working or duty hours in a work week from Monday through Sunday is established at
40 hours for all full -time employees in the group.
2. Chief Officers within the Safety Services Department (Director of Safety Services and
Fire Division Chief) will be provided supplemental compensation at a straight time
hourly rate, for hours worked outside of scheduled work hours when assigned to a
mutual aid incident and reimbursement funding is received by the City. Payment will
occur upon City's receipt of reimbursement funds and at no time shall payment exceed
the reimbursement amount received by the City. The City Manager must approve the
supplemental compensation.
B. Groups 3 and 4 -- Professional /Confidential
Work Week
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.
For employees regularly working less than 40 hours in one week, or designated as
part-time or temporary employees, the regular number of working or duty hours in a
work week shall be that number of hours for which they are scheduled to work.
2. Overtime
For full -time employees, unscheduled hours worked on Sundays and holidays shall
be paid at double the employee's rate of pay.
Employees in this group shall be paid one and one -half (1 -1/2) times their hourly rate
of pay for all hours worked in excess of an 8 -hour day or a 40 -hour workweek.
Compensatory Time Off (CTO)
The I'm at Which an nlayee may take time Hell be. rde /orm'nerl
by —the depa tme t 'JJ� fd fer-- the--W4hes of the employee and
particular regard-- fer-�e
overtime, #al4beAa ur
shall be 80 he ,
MCI oia,
zm�r . wi=m= ____ - ewe
••
The times at which an employee may take compensatory time off shall be determined by
the department Director with due regard for the wishes of the employee and particular
regard for the needs of the City. Compensatory time off, in lieu of overtime shall be taken
as one and one -half (1 -1/2) hours off for each overtime hour worked.
The maximum accumulation of compensatory time off shall be 80 hours
overtime worked unless the employee uses CTO and brings the accrued balance
below 80 hours.
2. Once an employee uses CTO and brings the balance below 80 hours, the
employee may again accrue CTO hours up to 80 hours.
particular regard for the needs of the City.
An employee's CTO balance will be cashed out to zero in the final pay period of the fiscal year
at the employee's then rate of pay. Said cash payment may only occur as part of the final pay
period of the fiscal year in which the compensatory time off was accrued
C. Rexible Work Hours
The City agrees to make available a flexible work schedule when possible. Work schedule
and operating conditions will be determined by the City to insure all necessary service can
be maintained without adverse impacts. Continuation of the program will be at the
discretion of the City Manager. It is understood that it may not be possible to extend this
schedule to all operations of the City due to service needs.
Article 4. Benefits
Section 1. Hospital and Medical
Groups 1 -4 -- Manaaement/Confidential
The first day of the month following date of hire, an employee, upon proper application and
acceptance, shall be covered by health and dental benefits with coverage as set forth from time
to time in the agreement between the City and the carrier(s).
Health benefit premiums for each employee shall be paid in full by the City.
Dependents of each employee may also be covered by health benefit coverage, upon proper
application and acceptance. The cost of dependent coverage of the medical and dental plan
will be shared equally between the City and the employee. The employee's share of the cost
will be made through payroll deduction. The parties to this Agreement agree to work with the
City Insurance Committee to keep the overall cost future premium increases to a minimum.
Section 2. Eve Care
The City will provide an eye care plan. The City shall pay 100% of the premium for the
10
employee and dependent coverage
Section 3. Life Insurance
Grouos 1 -4 - Manaoement/Confidential
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 times base annual iRsemesalary ($15,000 minimum).
The City pays 100% of the premium.
Section 4. Deferred Compensation - All Groups
In addition to the City's existing 457 deferred compensation plan, the City will provide a 401(a)
Deferred Compensation Plan. The City shall contribute to the 401 (a) Deferred Compensation
Plan on behalf of the employees as follows: $129.31 per Group 1 employee per biweekly pay
period, $106.23 per Group 2A employee per biweekly pay period, $87.77 per Group 2B
employee per pay period, and $69.21 per Group 3 and Group 4 employees per biweekly pay
period. Employees shall be entitled to receive credits for their 401 accounts only after the
completion of each full pay period. Only full -time employees shall be eligible for this benefit and
shall have the following vesting rights to the contributions made to the plan. Employees hired
on or before June 30, 2004, shall be fully vested after the completion of one year of City service.
Employees hired on or after July 1, 2004, shall be vested as follows:
From date of hire until second anniversary - 0% of accumulated value
Second anniversary of employment - 20% of the accumulated value
Third anniversary of employment - 40% of the accumulated value
Fourth anniversary of employment -60% of the accumulated value
Fifth anniversary of employment - 80% of the accumulated value
Sixth anniversary of employment - 100% of the accumulated value
Employees may make other contributions to the plan as provided for in the plan and in
accordance with applicable federal and state laws.
Section 5. Lonq -Term Disability Income Insurance
This employee benefit provides for the payment of a monthly income benefit payment for those
covered employees totally disabled by injury or sickness as determined by the insurer.
A. Group 1 -- Management
This benefit shall apply to all employees in Groups 2 and 3 who were hired prior to July 1,
1990, and to those employees whose positions or transfers to the management group
were announced prior to July 1, 1990.
The monthly benefit provided under this coverage will be 66 -2/3% of the employee's base
salarymenthly- earnings to a maximum of $10,900 per month. The insurance carrier is
responsible for calculating the exact benefit amount, based on each individual's income
status.
11
The insurance carrier for this coverage requires a 60 -day waiting period from the first day
of the disability to the beginning of the monthly benefit payment period.
Monthly benefits are paid, with certain exceptions, as explained in the certificate of
insurance, until the recovery from the injury or sickness or until the employee reaches age
65.
The City pays 100% of the premium.
B. Group 4 - Confidential
This benefit shall also apply to all employees in Groups 2 and 3 hired after July 1, 1990,
except as stated under Part A of this section.
The raeathly- benefit provided under this coverage will be 66 -213% of the employee's base
salary.,,^^'gs to a maximum of $9,500 per month. 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 30 -day waiting period from the first day
of the disability to the beginning of the monthly benefit payment period.
Monthly benefits are paid, with certain exceptions, as explained in the Group Insurance
handbook, until the recovery from the injury or sickness or until the employee reaches age
65.
The City pays 100% of the premium.
An employee may use sick leave and vacation to supplement coverage under this benefit
up to, but not in excess of, 100% of his /her regular rate of pay.
Section 6. Workers' Compensation Insurance
All employees in the group (regular, temporary and part-time) are covered by Workers'
Compensation Insurance from the date of employment. Premiums will be paid by the City.
Any employee shall, upon receiving a work - sustained injury, report the incident immediately to
his department Director.
The filing of the accident report as required by the Workers' Compensation Insurance Fund shall
be the responsibility of the employee's supervisor.
An employee of the City who is or may be entitled to temporary disability indemnity under
Division 4 or Division 4.5 of the Labor Code shall receive any accumulated sick leave or
accumulated vacation for such absence. The City shall decrease the charge of sick leave or
vacation in the amount of temporary disability payment received so that the employee shall not
receive payment in excess of full salary or wage.
If the employee does not wish to use accumulated sick leave or accumulated vacation, the
employee shall notify the City within five (5) days after the injury is reported to the City. After
the five (5) days, the employee's accumulation shall be used until the date the employee notifies
the City in writing that he /she no longer wishes to use the accumulations. When computing sick
12
leave or vacation under this policy, the employee shall be given credit for any holidays that
occur during the period of absence hereunder.
The employee is, nevertheless, entitled to medical, surgical, and hospital treatment as provided
in the Labor Code. When the employee's accumulated sick leave or vacation, or both, are
exhausted, the employee will still receive disability indemnity for which he /she is otherwise
entitled.
If an employee is receiving Workers' Compensation and not actively on the payroll, the City shall
collect from the employee the employee's costs of insurance, and the City shall pay the
employer's costs of insurance. During such leave, no contributions shall be made to the
retirement plan.
Section 7. Unemployment Insurance /State Disability Insurance
The City does not participate in the State Disability Insurance program.
Section 8. Flexible Benefits Program
The City will maintain a Flexible Benefits Program in accordance with applicable IRS statutes
and the Affordable Health Care for America Act (AHCAA) in order to provide employees the
greatest possible tax benefit.
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Section 9. Part-Time Employee Benefits
Employees working less than full time will have their benefits pro rated to the ratio of the hours
they work to 2,080 hours.
Article 5. 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:
A. The employee has received at least a satisfactory 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.
13
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 detailed proof of payment and
shall provide evidence that he /she has completed the course with a grade of "C" or better
in undergraduate work or a grade of "B" in graduate work. A grade of "C" or better will be
accepted for graduate work from institutions where an average grade of "C" is acceptable
for graduation. A "pass" or "credit" will be accepted for classes where a pass /fail or
"credit/no credit" grading system is used.
Section 2. Uniforms and Equipment
The City will provide and maintain all uniforms that are required by the City for management
employees in Public Works, Safety Services, and Community Services. Employees of Public
Works, Development Services, and Community Services, who are required to wear safety
shoes, will be reimbursed a maximum of $170 per fiscal year.
Section 3. Acting Pay
A. Groups 1 -3 -- Management
An employee acting for an uninterrupted period of thirty (30) or more calendar days in a
higher classification or rank, will be compensated at the rate of pay for that higher
classification or rank after the expiration of thirty (30) calendar days. This provision does
not apply to bona fide education, training and development, job enlargement, or job
enrichment.
B. Group 4 - Confidential
Full Responsibility:
An employee specifically assigned on a temporary basis to the full range of duties of a
higher level position in which there is no appointed incumbent or in which the
incumbent is on paid or unpaid leave shall be compensated at the "A" step rate of pay
for the higher level position if the service in such position exceeds fifteen (15)
consecutive working days. Payment shall be retroactive to the first day of such
services. The full range of duties of the higher level position shall be specifically
assigned in writing via the Out -of -Class Assignment form and signed by the
department Director or designee on a form provided by the City. Under no
circumstance shall the rate of compensation be less than five percent (5 %) above the
employee's current rate of pay.
2. Partial Responsibility:
An employee specifically assigned to perform a portion of the duties of a higher level
position for fifteen (15) or more consecutive working days shall have the increased
pay level determined by the City Manager in relation to the degree of the additional
responsibility the employee is asked to assume. In no event shall the pay be more
than five percent (5 %). The assignment shall be in writing via the Out -of -Class
Assignment form and signed by the department Director or designee en - -a ferny
14
provided -by- the Gity.
3. At the conclusion of such an assignment, the employee shall be restored to his /her
former classification regardless of the time involved. The employee •~ • also he
higher positioR OR a regular status if it i.ve,re deemed
by the City to be vaGaRt. This provision shall not apply 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. Physical Examinations
Physical examinations required by the City as a condition of employment or continued
employment shall be paid for by the City.
Section 5. Travel Expenses
A. Group 1 -2A -- Management
An automobile allowance in lieu of mileage shall be allocated in the amount of $30075 and
$280160 per month for personnel in Groups 1 and 2A, respectively. The automobile
allowance is not applicable to employees who have been assigned a City vehicle. The
City Manager may grant a $160200 per month automobile allowance to employees outside
Groups 1 and 2A when, in his /her best judgment, it serves the City. The City Manager
may at his /her discretion increase the $160200 per month automobile allowance by a
maximum of $100 based upon excessive driving requirements for an individual position.
B. Groups 26 3 and 4 - Management/Confidential
1. Prior approval of the department Director and final approval of the City Manager shall
be required prior to reimbursement for travel expenses.
2. Employees using their own vehicle on approved City business travel will be
reimbursed at the approved IRS reimbursement rate.
3. Employees on approved official business away from the City will be reimbursed for
actual and necessary expenses incurred in accordance with the City's Travel and
Meeting Reimbursement policy.
4. In order to be reimbursed, employees must include original receipts for all expenses
with the reimbursement claim form.
5. Advances of travel expenses may be allowed at the sole discretion of the City
Manager.
Article 6. Service
Section 1. Transfers
An employee transferring from this group to a recognized employee unit shall maintain all pay
15
and benefits accrued in this group, and upon the effective date of transfer thereafter be
governed by the provisions of any policy and /or agreement in effect for such other recognized
employee unit.
Section 2. Layoff and Reemployment
Groups 1 -3 -- Management and Group 4 -- Confidential
The City may abolish any position or employment and the employee may be laid off without
taking disciplinary action and without the right of appeal.
Whenever it becomes necessary to reduce the number of employees in any classification, the
order of the layoff shall be as follows:
In order of seniority, the employee with the shortest service in total City service in the affected
classification shall be laid off first.
A. In the event of two (2) or more employees having identical total City service seniority, the
order of the layoff will be determined by length of continuous service in the affected
classification.
B. Whenever two (2) or more employees have identical service in the affected classification,
the order of the layoff shall be determined by the City Manager on the basis of
performance.
C. Employees to be laid off in a particular classification have the right to demote to a lower
classification to a position previously held with the City for which the employee meets the
minimum qualifications, is capable of performing the essential functions of the position,
and has City seniority over other employees in the lower classification. This will also apply
to employees to be laid off in a particular classification who have demoted from a higher
classification due to non - disciplinary reasons. Such employees shall be placed on the
seniority list for the higher classification provided they still meet the minimum
qualifications, are capable of performing the essential functions of the position, and have
City seniority over other employees in the higher classification.
D. The name of each laid -off employee shall be placed on a reemployment list for a period of
12 months in reverse order of the layoff. Employees who are laid off who have received
two out of three consecutive annual performance evaluations which are rated below
standards or needs improvement will be placed at the bottom of the reemployment list in
reverse order of the layoff.
Section 3. Resignations
Groups 1 -4 -- Management/Confidential
An employee in this group wishing to resign in good standing shall file with their immediate
supervisorthe City -- Manager a written resignation stating the effective date and reasons for
resignation at least fourteen (14) calendar days prior to the effective date of resignation.
The City will pay an employee for all hours worked on the next regular payday after resignation,
and thereafter will pay all accumulated reimbursable benefits as early as feasible.
16
An employee who has resigned with a good record will be given preferential consideration for
rehire if a position is available and he /she participates in the recruitment process for the
position. Decision to rehire is at the discretion of the City, and the employee will not reestablish
rights and /or benefits lost at the time of resignation.
An employee with five (5) years service, who resigns in good standing and is reemployed within
a two (2) year period to the same or equal position previously held, shall be eligible to earn and
use vacation, sick leave, and other benefits to which they are otherwise entitled as if there had
been no break in service.
Article 7. Retirement and Social Security
RUMMOMWIMM
required by Law.
Effective pay period beginning July 12 2010 each employee will contribute four percent (4 %) of
his /her PERSable salary (excluding overtime) on a pre -tax basis towards the "member
contribution" portion of his /her CalPERS retirement account.
with CalPERS.
The City will provide under its contract with CaIPERS 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.
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required by Law.
Effective pay period beginning July 12 2010 each employee will contribute four percent (4 %) of
his /her PERSable salary (excluding overtime) on a pre -tax basis towards the "member
contribution" portion of his /her CalPERS retirement account.
with CalPERS.
The City will provide under its contract with CaIPERS 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.
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Section 2. PARS
Upon retirement from the City concurrent with retirement under CalPERS, the City also provides
a supplemental retirement benefit through the Public Agency Retirement System (PARS) to
non- safety members of Groups 1 -4. When combined with CalPERS, this is equivalent to the
2.7% at 55 formula retirement benefit. For employees hired on or after March 28, 2008, this
benefit shall only apply to years of service with the City of Poway. For employees hired before
March 28, 20D8, this benefit applies to Poway and all prior CalPERS or reciprocal service with
previous public agencies.
The PARS supplemental benefit applies as follows:
1. Non - Safety Group 1:
a. is at least 55 years of age; and
b. has completed at least 5 years of continuous service with the
City, or if hired prior to July 1, 2004 has completed at least 5 years
of service with the City.
2. Non Safety Group 1:
a. was an employee of the City on or before March 28, 2008;
b. is at least 50 years of age; and
c. has completed at least 20 years of continuous service with the
City, or if hired prior to July 1, 2004 has completed at least 20
years of service with the City.
3. Non - Safety Groups 2 -3:
a. is at least 55 years of age;
b. has completed at least 10
City, or if hired prior to July
years of service with the City.
4. Group 4 if hired before March 28, 2008:
a. is at least 55 years of age;
b. has completed at least 10
City, or if hired prior to July
years of service with the City,
and
years of continuous service with the
1, 2004 has completed at least 10
and
years of continuous service with the
1, 2004 has completed at least 10
5. Group 4 if hired on or after March 28, 2008:
a. is at least 55 years of age; and
b. has completed at least 20 years of continuous service with the
City, or if hired prior to July 1, 2004 has completed at least 20
years of service with the City.
Article 8. Personnel Rules
All other employee rights, privileges, and benefits are included in the Personnel Rules of the
City of Poway.
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